House Bill hb1341c1
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Florida House of Representatives - 2002 CS/HB 1341
By the Council for Smarter Government and Representatives
Dockery, Clarke and Ross
1 A bill to be entitled
2 An act relating to community redevelopment;
3 amending s. 163.340, F.S.; revising
4 definitions; amending s. 163.355, F.S.;
5 providing additional criteria for a finding of
6 necessity for community redevelopment; amending
7 s. 163.361, F.S.; revising language relating to
8 proposed modification of community
9 redevelopment plans; requiring community
10 redevelopment agencies to submit certain
11 reports relating to modification of plans to
12 taxing authorities; requiring modifications of
13 community redevelopment plans that include
14 boundary changes to be supported by a
15 resolution under s. 163.355, F.S.; amending s.
16 163.362, F.S.; revising provisions relating to
17 modifications of contents of community
18 redevelopment plans and specifying a time
19 certain for completion of redevelopment
20 financed by increment revenues for community
21 redevelopment agencies created after July 1,
22 2002; amending s. 163.385, F.S.; revising
23 provisions relating to issuance and maturation
24 of refunding bonds; amending s. 163.387, F.S.;
25 specifying the time period for appropriations
26 to the redevelopment trust fund; specifying
27 certain entities that are exempt from paying
28 tax increments to a redevelopment trust fund;
29 providing for applicability; providing intent
30 with regard to delegation of community
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1 redevelopment powers; providing an effective
2 date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Subsections (3), (7), and (8) of section
7 163.340, Florida Statutes, are amended to read:
8 163.340 Definitions.--The following terms, wherever
9 used or referred to in this part, have the following meanings:
10 (3) "Governing body" means the council, commission, or
11 other legislative body charged with governing the county or
12 municipality.
13 (7) "Slum area" means an area with physical or
14 economic conditions conducive to disease, infant mortality,
15 juvenile delinquency, poverty, or crime because in which there
16 is a predominance of buildings or improvements, whether
17 residential or nonresidential, that are impaired which by
18 reason of dilapidation, deterioration, age, or obsolescence,
19 and which area exhibits one or more of the following factors:;
20 (a) Inadequate provision for ventilation, light, air,
21 sanitation, or open spaces;
22 (b) High density of population, compared to the
23 population density of adjacent areas within the county or
24 municipality, and overcrowding, as indicated by
25 government-maintained statistics or other studies and the
26 requirements of the Florida Building Code; or
27 (c) The existence of conditions which endanger life or
28 property by fire or other causes; or any combination of such
29 factors is conducive to ill health, transmission of disease,
30 infant mortality, juvenile delinquency, or crime and is
31 detrimental to the public health, safety, morals, or welfare.
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1 (8) "Blighted area" means either:
2 (a) an area in which there are a substantial number of
3 slum, deteriorated, or deteriorating structures in which and
4 conditions as indicated by government-maintained statistics or
5 other studies are leading that lead to economic distress or
6 endanger life or property and in which two or more of the
7 following factors are present by fire or other causes or one
8 or more of the following factors that substantially impairs or
9 arrests the sound growth of a county or municipality and is a
10 menace to the public health, safety, morals, or welfare in its
11 present condition and use:
12 (a)1. Predominance of defective or inadequate street
13 layout, parking facilities, roadways, bridges, or public
14 transportation facilities;
15 (b) Aggregate assessed values of real property in the
16 area for ad valorem tax purposes have failed to show any
17 appreciable increase over the 5 years prior to the finding of
18 such condition;
19 (c)2. Faulty lot layout in relation to size, adequacy,
20 accessibility, or usefulness;
21 (d)3. Unsanitary or unsafe conditions;
22 (e)4. Deterioration of site or other improvements;
23 (f)5. Inadequate and outdated building density
24 patterns;
25 (g) Falling lease rates per square foot of office,
26 commercial, or industrial space compared to the remainder of
27 the county or municipality;
28 (h)6. Tax or special assessment delinquency exceeding
29 the fair value of the land;
30 (i)7. Residential and commercial vacancy rates in the
31 area higher than in the remainder of the county or
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1 municipality Inadequate transportation and parking facilities;
2 and
3 (j) Incidence of crime in the area higher than in the
4 remainder of the county or municipality;
5 (k) Fire and emergency medical service calls to the
6 area higher on a proportional basis than in the remainder of
7 the county or municipality;
8 (l) Violations of the Florida Building Code in the
9 area higher on a proportional basis than the number of
10 violations recorded in the remainder of the county or
11 municipality; or
12 (m)8. Diversity of ownership or defective or unusual
13 conditions of title which prevent the free alienability of
14 land within the deteriorated or hazardous area.; or
15 (b) An area in which there exists faulty or inadequate
16 street layout; inadequate parking facilities; or roadways,
17 bridges, or public transportation facilities incapable of
18 handling the volume of traffic flow into or through the area,
19 either at present or following proposed construction.
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21 However, For purposes of qualifying for the tax credits
22 authorized in chapter 220, "blighted area" means an area as
23 defined in this subsection described in paragraph (a).
24 Section 2. Section 163.355, Florida Statutes, is
25 amended to read:
26 163.355 Finding of necessity by county or
27 municipality.--No county or municipality shall exercise the
28 community redevelopment authority conferred by this part until
29 after the governing body has adopted a resolution, supported
30 by data and analysis, that makes a legislative finding that
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1 the conditions in the area meet the criteria described in s.
2 163.340(7) or (8). The resolution shall state finding that:
3 (1) One or more slum or blighted areas, or one or more
4 areas in which there is a shortage of housing affordable to
5 residents of low or moderate income, including the elderly,
6 exist in such county or municipality; and,
7 (2) The rehabilitation, conservation, or
8 redevelopment, or a combination thereof, of such area or
9 areas, including, if appropriate, the development of housing
10 which residents of low or moderate income, including the
11 elderly, can afford, is necessary in the interest of the
12 public health, safety, morals, or welfare of the residents of
13 such county or municipality.
14 Section 3. Subsection (2) of section 163.361, Florida
15 Statutes, is amended, and subsections (4) and (5) are added to
16 said section, to read:
17 163.361 Modification of community redevelopment
18 plans.--
19 (2) The governing body shall hold a public hearing on
20 any a proposed modification of a community redevelopment plan
21 after public notice thereof by publication in a newspaper
22 having a general circulation in the area of operation of the
23 agency.
24 (4) In addition to the requirements of s. 163.346, and
25 prior to the adoption of any modification to a community
26 redevelopment plan that expands the boundaries of the
27 community redevelopment area or extends the time certain set
28 forth in the redevelopment plan as required by s. 163.362(10),
29 the agency shall report such proposed modification to each
30 taxing authority in writing or by a verbal presentation, or
31 both, regarding such proposed modification.
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1 (5) A modification to a community redevelopment plan
2 that includes a change in the boundaries of the redevelopment
3 area to add land must be supported by a resolution as provided
4 in s. 163.355.
5 Section 4. Subsection (10) of section 163.362, Florida
6 Statutes, is amended to read:
7 163.362 Contents of community redevelopment
8 plan.--Every community redevelopment plan shall:
9 (10) Provide a time certain for completing all
10 redevelopment financed by increment revenues. Such time
11 certain shall occur no later than 30 years after the fiscal
12 year in which the plan is approved, adopted, or amended
13 pursuant to s. 163.361(1). However, for any agency created
14 after July 1, 2002, the time certain for completing all
15 redevelopment financed by increment revenues shall occur no
16 later than 40 years after the fiscal year in which the plan is
17 approved or adopted.
18 Section 5. Paragraph (a) of subsection (1) of section
19 163.385, Florida Statutes, is amended to read:
20 163.385 Issuance of revenue bonds.--
21 (1)(a) When authorized or approved by resolution or
22 ordinance of the governing body, a county, municipality, or
23 community redevelopment agency has power in its corporate
24 capacity, in its discretion, to issue redevelopment revenue
25 bonds from time to time to finance the undertaking of any
26 community redevelopment under this part, including, without
27 limiting the generality thereof, the payment of principal and
28 interest upon any advances for surveys and plans or
29 preliminary loans, and has power to issue refunding bonds for
30 the payment or retirement of bonds or other obligations
31 previously issued. For any agency created prior to July 1,
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1 2002, any redevelopment revenue bonds or other obligations
2 issued to finance the undertaking of any community
3 redevelopment under this part shall mature within 60 years
4 after the end of the fiscal year in which the initial
5 community redevelopment plan was approved or adopted. For any
6 agency created after July 1, 2002, any redevelopment revenue
7 bond or other obligation issued to finance the undertaking of
8 any community redevelopment under this part shall mature
9 within 40 years after the end of the fiscal year in which the
10 initial community redevelopment plan was approved or adopted.
11 However, in no event shall any redevelopment revenue bonds or
12 other obligations issued to finance the undertaking of any
13 community redevelopment under this part mature later than the
14 expiration of the plan in effect at the time such bonds or
15 obligations were issued. The security for such bonds may be
16 based upon the anticipated assessed valuation of the completed
17 community redevelopment and such other revenues as are legally
18 available. Any bond, note, or other form of indebtedness
19 pledging increment revenues to the repayment thereof shall
20 mature no later than the end of the 30th fiscal year after the
21 fiscal year in which increment revenues are first deposited
22 into the redevelopment trust fund or the fiscal year in which
23 the plan is subsequently amended. However, for any agency
24 created after July 1, 2002, any form of indebtedness pledging
25 increment revenues to the repayment thereof shall mature no
26 later than the 40th year after the fiscal year in which the
27 initial community redevelopment plan was approved or adopted.
28 However, any refunding bonds issued pursuant to this paragraph
29 may not mature later than the final maturity date of any bonds
30 or other obligations issued pursuant to this paragraph being
31 paid or retired with the proceeds of such refunding bonds.
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1 Section 6. Subsections (1) and (2) of section 163.387,
2 Florida Statutes, are amended to read:
3 163.387 Redevelopment trust fund.--
4 (1) After approval of a community redevelopment plan,
5 there shall be established for each community redevelopment
6 agency created under s. 163.356 a redevelopment trust fund.
7 Funds allocated to and deposited into this fund shall be used
8 by the agency to finance or refinance any community
9 redevelopment it undertakes pursuant to the approved community
10 redevelopment plan. No community redevelopment agency may
11 receive or spend any increment revenues pursuant to this
12 section unless and until the governing body has, by ordinance,
13 provided for the funding of the redevelopment trust fund for
14 the duration of a community redevelopment plan. Such ordinance
15 may be adopted only after the governing body has approved a
16 community redevelopment plan. The annual funding of the
17 redevelopment trust fund shall be in an amount not less than
18 that increment in the income, proceeds, revenues, and funds of
19 each taxing authority derived from or held in connection with
20 the undertaking and carrying out of community redevelopment
21 under this part. Such increment shall be determined annually
22 and shall be that amount equal to 95 percent of the difference
23 between:
24 (a) The amount of ad valorem taxes levied each year by
25 each taxing authority, exclusive of any amount from any debt
26 service millage, on taxable real property contained within the
27 geographic boundaries of a community redevelopment area; and
28 (b) The amount of ad valorem taxes which would have
29 been produced by the rate upon which the tax is levied each
30 year by or for each taxing authority, exclusive of any debt
31 service millage, upon the total of the assessed value of the
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1 taxable real property in the community redevelopment area as
2 shown upon the most recent assessment roll used in connection
3 with the taxation of such property by each taxing authority
4 prior to the effective date of the ordinance providing for the
5 funding of the trust fund.
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7 However, the governing body of any county as defined in s.
8 125.011(1) may, in the ordinance providing for the funding of
9 a trust fund established with respect to any community
10 redevelopment area created on or after July 1, 1994, determine
11 that the amount to be funded by each taxing authority annually
12 shall be less than 95 percent of the difference between
13 paragraphs (a) and (b), but in no event shall such amount be
14 less than 50 percent of such difference.
15 (2)(a) Except for the purpose of funding the trust
16 fund pursuant to subsection (3), upon the adoption of an
17 ordinance providing for funding of the redevelopment trust
18 fund as provided in this section, each taxing authority shall,
19 by January 1 of each year, appropriate to the trust fund for
20 so long as any indebtedness pledging increment revenues to the
21 payment thereof is outstanding (but not to exceed 30 years) a
22 sum that is no less than the increment as defined and
23 determined in subsection (1) accruing to such taxing
24 authority. If the community redevelopment plan is amended or
25 modified pursuant to s. 163.361(1), each such taxing authority
26 shall make the annual appropriation for a period not to exceed
27 30 years after the date the governing body amends the plan.
28 However, for any agency created after July 1, 2002, each
29 taxing authority shall make the annual appropriation for a
30 period not to exceed 40 years after the fiscal year in which
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1 the initial community redevelopment plan was approved or
2 adopted.
3 (b) Any taxing authority that does not pay the
4 increment to the trust fund by January 1 shall pay to the
5 trust fund an amount equal to 5 percent of the amount of the
6 increment and shall pay interest on the amount of the
7 increment equal to 1 percent for each month the increment is
8 outstanding.
9 (c) The following public bodies or taxing authorities
10 created prior to July 1, 1993, are exempt from paragraph (a):
11 1. A special district that levies ad valorem taxes on
12 taxable real property in more than one county.
13 2. A special district the sole available source of
14 revenue of which is ad valorem taxes at the time an ordinance
15 is adopted under this section.
16 3. A library district, except a library district in a
17 jurisdiction where the community redevelopment agency had
18 validated bonds as of April 30, 1984.
19 4. A neighborhood improvement district created under
20 the Safe Neighborhoods Act.
21 5. A metropolitan transportation authority.
22 6. A water management district created under s.
23 373.069.
24 (d) For community redevelopment agencies created after
25 July 1, 2002, the following public bodies or taxing
26 authorities are exempt from paragraph (a):
27 1. An independent special fire control district as
28 defined in s. 191.003.
29 2. A mosquito control district as defined in s.
30 388.011.
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1 3. A hospital district created pursuant to general law
2 or special act.
3 (e)(d)1. A local governing body that creates a
4 community redevelopment agency under s. 163.356 may exempt
5 from paragraph (a) a special district that levies ad valorem
6 taxes within that community redevelopment area. The local
7 governing body may grant the exemption either in its sole
8 discretion or in response to the request of the special
9 district. The local governing body must establish procedures
10 by which a special district may submit a written request to be
11 exempted from paragraph (a) within 120 days after July 1,
12 1993.
13 2. In deciding whether to deny or grant a special
14 district's request for exemption from paragraph (a), the local
15 governing body must consider:
16 a. Any additional revenue sources of the community
17 redevelopment agency which could be used in lieu of the
18 special district's tax increment.
19 b. The fiscal and operational impact on the community
20 redevelopment agency.
21 c. The fiscal and operational impact on the special
22 district.
23 d. The benefit to the specific purpose for which the
24 special district was created. The benefit to the special
25 district must be based on specific projects contained in the
26 approved community redevelopment plan for the designated
27 community redevelopment area.
28 e. The impact of the exemption on incurred debt and
29 whether such exemption will impair any outstanding bonds that
30 have pledged tax increment revenues to the repayment of the
31 bonds.
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1 f. The benefit of the activities of the special
2 district to the approved community redevelopment plan.
3 g. The benefit of the activities of the special
4 district to the area of operation of the local governing body
5 that created the community redevelopment agency.
6 3. The local governing body must hold a public hearing
7 on a special district's request for exemption after public
8 notice of the hearing is published in a newspaper having a
9 general circulation in the county or municipality that created
10 the community redevelopment area. The notice must describe
11 the time, date, place, and purpose of the hearing and must
12 identify generally the community redevelopment area covered by
13 the plan and the impact of the plan on the special district
14 that requested the exemption.
15 4. If a local governing body grants an exemption to a
16 special district under this paragraph, the local governing
17 body and the special district must enter into an interlocal
18 agreement that establishes the conditions of the exemption,
19 including, but not limited to, the period of time for which
20 the exemption is granted.
21 5. If a local governing body denies a request for
22 exemption by a special district, the local governing body
23 shall provide the special district with a written analysis
24 specifying the rationale for such denial. This written
25 analysis must include, but is not limited to, the following
26 information:
27 a. A separate, detailed examination of each
28 consideration listed in subparagraph 2.
29 b. Specific examples of how the approved community
30 redevelopment plan will benefit, and has already benefited,
31 the purpose for which the special district was created.
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1 6. The decision to either deny or grant an exemption
2 must be made by the local governing body within 120 days after
3 the date the written request was submitted to the local
4 governing body pursuant to the procedures established by such
5 local governing body.
6 Section 7. Amendments to part III of chapter 163,
7 Florida Statutes, as provided by this act, do not apply to any
8 ordinance or resolution authorizing the issuance of any bond,
9 note, or other form of indebtedness to which are pledged
10 increment revenues pursuant to a community redevelopment plan,
11 or amendment or modification thereto, as approved or adopted
12 before January 1, 2003.
13 Section 8. Amendments to part III of chapter 163,
14 Florida Statutes, as provided by this act, are not intended to
15 impair any ordinance, resolution, or interlocal or written
16 agreement effective prior to July 1, 2002, that provides for
17 the delegation of community redevelopment powers.
18 Section 9. This act shall take effect July 1, 2002.
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