Senate Bill sb2170
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Florida Senate - 2002 SB 2170
By Senator Latvala
19-1207A-02
1 A bill to be entitled
2 An act relating to community redevelopment;
3 amending s. 163.340, F.S.; redefining the terms
4 "governing body," "slum area," and "blighted
5 area"; amending s. 163.355, F.S.; providing
6 requirements for counties and municipalities
7 with respect to adopting a resolution that
8 makes a finding of a slum or blighted area;
9 amending s. 163.361, F.S.; providing for the
10 modification of community redevelopment plans;
11 amending s. 163.362, F.S.; revising
12 requirements for completing redevelopment
13 financed by increment revenues; amending s.
14 163.385, F.S.; providing for maturation of
15 bonds, notes, or other forms of indebtedness;
16 amending s. 163.387, F.S.; requiring that a
17 county or municipality fund the redevelopment
18 trust fund for the duration of the
19 redevelopment plan; providing an exception;
20 providing for application of the act; providing
21 an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsections (3), (7), and (8) of section
26 163.340, Florida Statutes, are amended to read:
27 163.340 Definitions.--The following terms, wherever
28 used or referred to in this part, have the following meanings:
29 (3) "Governing body" means the council, commission, or
30 other legislative body charged with governing the county or
31 municipality.
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Florida Senate - 2002 SB 2170
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1 (7) "Slum area" means an area in which the physical or
2 economic conditions are conducive to disease, infant
3 mortality, juvenile delinquency, poverty, or crime because a
4 predominance of buildings or improvements, whether residential
5 or nonresidential, are impaired by reason of dilapidation,
6 deterioration, age, or obsolescence, and exhibit one or more
7 of the following factors:
8 (a) Inadequate provision for ventilation, light, air,
9 sanitation, or open space;
10 (b) A high density of population, as evidenced by
11 comparison to the population density of adjacent areas within
12 the county or municipality, and overcrowding, as evidenced by
13 government-maintained statistics and rules in the State
14 Building Code; or
15 (c) Conditions that endanger life or property by fire
16 or other causes. in which there is a predominance of buildings
17 or improvements, whether residential or nonresidential, which
18 by reason of dilapidation, deterioration, age, or
19 obsolescence; inadequate provision for ventilation, light,
20 air, sanitation, or open spaces; high density of population
21 and overcrowding; the existence of conditions which endanger
22 life or property by fire or other causes; or any combination
23 of such factors is conducive to ill health, transmission of
24 disease, infant mortality, juvenile delinquency, or crime and
25 is detrimental to the public health, safety, morals, or
26 welfare.
27 (8) "Blighted area" means either:
28 (a) an area in which there are a substantial number of
29 slum, deteriorated, or deteriorating structures in which and
30 conditions, as evidenced by government-maintained statistics,
31 are leading that lead to economic distress or endangering
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Florida Senate - 2002 SB 2170
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1 endanger life or property and in which two by fire or other
2 causes or one or more of the following factors are present
3 that substantially impairs or arrests the sound growth of a
4 county or municipality and is a menace to the public health,
5 safety, morals, or welfare in its present condition and use:
6 (a)1. Predominance of defective or inadequate street
7 layout, parking facilities, roadways, bridges, or
8 public-transportation facilities.;
9 (b) An unemployment rate for the previous 5 years
10 which is higher and rising faster than that of the county or
11 municipality in which the proposed redevelopment area is
12 situated.
13 (c) A tax base that has failed to show an appreciable
14 increase for the previous 5 years.
15 (d)2. Faulty lot layout in relation to size, adequacy,
16 accessibility, or usefulness.;
17 (e) An increase in the number of tax-exempt
18 properties.
19 (f)3. Unsanitary or unsafe conditions.;
20 (g)4. Deterioration of site or other improvements.;
21 (h)5. Inadequate and outdated building density
22 patterns.;
23 (i) Falling lease rates per square foot for office,
24 commercial, or industrial space.
25 (j)6. Tax or special assessment delinquency exceeding
26 the fair value of the land.;
27 (k) High residential and commercial vacancy rates, as
28 compared to the remainder of the county and municipality.
29 (l) A high incidence of crime, as compared to the
30 remainder of the county and municipality.
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Florida Senate - 2002 SB 2170
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1 (m) A large number of fire and emergency medical
2 service calls within the area, as compared to the remainder of
3 the county and municipality.
4 (n) A large number of violations to the building code
5 within the area, as compared to the remainder of the county
6 and municipality.
7 7. Inadequate transportation and parking facilities;
8 and
9 (o)8. Diversity of ownership or defective or unusual
10 conditions of title which prevent the free alienability of
11 land within the deteriorated or hazardous area.; or
12 (b) An area in which there exists faulty or inadequate
13 street layout; inadequate parking facilities; or roadways,
14 bridges, or public transportation facilities incapable of
15 handling the volume of traffic flow into or through the area,
16 either at present or following proposed construction.
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18 However, For purposes of qualifying for the tax credits
19 authorized in chapter 220, "blighted area" means an area
20 described in this subsection paragraph (a).
21 Section 2. Section 163.355, Florida Statutes, is
22 amended to read:
23 163.355 Finding of necessity by county or
24 municipality.--
25 (1) A No county or municipality may not shall exercise
26 the authority conferred by this part with respect to community
27 redevelopment until after the appropriate governing body has
28 adopted a resolution, supported by a detailed justification,
29 which finds that the conditions in the area meet the criteria
30 described in s. 164.340(7) or (8). In addition, the resolution
31 must state finding that:
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Florida Senate - 2002 SB 2170
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1 (a)(1) One or more slum or blighted areas, or one or
2 more areas in which there is a shortage of housing affordable
3 to residents of low or moderate income, including the elderly,
4 exist in such county or municipality; and,
5 (b)(2) The rehabilitation, conservation, or
6 redevelopment, or a combination thereof, of such area or
7 areas, including, if appropriate, the development of housing
8 that which residents of low or moderate income, including the
9 elderly, can afford, is necessary in the interest of the
10 public health, safety, morals, or welfare of the residents of
11 such county or municipality.
12 (2) This section does not apply to a community
13 redevelopment agency created before October 1, 2002, unless
14 the agency modifies its community redevelopment area or plan.
15 Section 3. Section 163.361, Florida Statutes, is
16 amended to read:
17 163.361 Modification of community redevelopment
18 plans.--
19 (1) If at any time after the approval of a community
20 redevelopment plan by the appropriate governing body it
21 becomes necessary or desirable to amend or modify such plan,
22 the governing body may amend such plan upon the recommendation
23 of the agency. The agency recommendation to amend or modify a
24 redevelopment plan may include a change in the boundaries of
25 the redevelopment area to add land to or exclude land from the
26 redevelopment area, or may include the development and
27 implementation of community policing innovations.
28 (2) The appropriate governing body shall hold a public
29 hearing on a proposed modification of a community
30 redevelopment plan after public notice thereof by publication
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1 in a newspaper having a general circulation in the area of
2 operation of the agency.
3 (3) If a community redevelopment plan is modified by
4 the county or municipality after the lease or sale of real
5 property in the community redevelopment area, such
6 modification may be conditioned upon such approval of the
7 owner, lessee, or successor in interest as the county or
8 municipality may deem advisable and, in any event, shall be
9 subject to such rights at law or in equity as a lessee or
10 purchaser, or his or her successor or successors in interest,
11 may be entitled to assert.
12 Section 4. Subsection (10) of section 163.362, Florida
13 Statutes, is amended to read:
14 163.362 Contents of community redevelopment
15 plan.--Every community redevelopment plan shall:
16 (10) Provide a time certain for completing all
17 redevelopment financed by increment revenues.
18 (a) Such time certain shall occur no later than 30
19 years after the end of the fiscal year in which the plan is
20 initially approved or, adopted, or amended pursuant to s.
21 163.361(1).
22 (b) For a plan amended or modified under s. 163.361
23 after October 1, 2002, the time certain occurs not later than
24 30 years after the fiscal year in which the plan was amended
25 or modified. However, a community redevelopment agency in
26 existence before October 1, 2002, must complete all
27 redevelopment financed by increment revenues by October 1,
28 2032.
29 Section 5. Paragraph (a) of subsection (1) of section
30 163.385, Florida Statutes, is amended to read:
31 163.385 Issuance of revenue bonds.--
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1 (1)(a) When authorized or approved by resolution or
2 ordinance of the governing body, a county, municipality, or
3 community redevelopment agency has power in its corporate
4 capacity, in its discretion, to issue redevelopment revenue
5 bonds from time to time to finance the undertaking of any
6 community redevelopment under this part, including, without
7 limiting the generality thereof, the payment of principal and
8 interest upon any advances for surveys and plans or
9 preliminary loans, and has power to issue refunding bonds for
10 the payment or retirement of bonds or other obligations
11 previously issued. Any redevelopment revenue bonds or other
12 obligations issued to finance the undertaking of any community
13 redevelopment under this part shall mature within 30 60 years
14 after the end of the fiscal year in which the initial
15 community redevelopment plan was approved or adopted. However,
16 in no event shall any redevelopment revenue bonds or other
17 obligations issued to finance the undertaking of any community
18 redevelopment under this part mature later than the expiration
19 of the plan in effect at the time such bonds or obligations
20 were issued. The security for such bonds may be based upon the
21 anticipated assessed valuation of the completed community
22 redevelopment and such other revenues as are legally
23 available. Any bond, note, or other form of indebtedness
24 pledging increment revenues to the repayment thereof shall
25 mature no later than the end of the 30th fiscal year after the
26 end of the fiscal year in which the initial community
27 redevelopment plan was approved or adopted increment revenues
28 are first deposited into the redevelopment trust fund or the
29 fiscal year in which the plan is subsequently amended.
30 However, any refunding bonds issued pursuant to this paragraph
31 may not mature later than the final maturity date of any bonds
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1 or other obligations issued pursuant to this paragraph being
2 paid or retired with the proceeds of such refunding bonds.
3 Section 6. Subsection (1) and paragraphs (a) and (c)
4 of subsection (2) of section 163.387, Florida Statutes, are
5 amended to read:
6 163.387 Redevelopment trust fund.--
7 (1) After approval of a community redevelopment plan,
8 there shall be established for each community redevelopment
9 agency created under s. 163.356 a redevelopment trust fund.
10 Funds allocated to and deposited into this fund shall be used
11 by the agency to finance or refinance any community
12 redevelopment it undertakes pursuant to the approved community
13 redevelopment plan. A No community redevelopment agency may
14 not receive or spend any increment revenues pursuant to this
15 section unless and until the governing body has, by ordinance,
16 provided for the funding of the redevelopment trust fund for
17 the duration of a community redevelopment plan. Such ordinance
18 may be adopted only after the appropriate governing body has
19 approved a community redevelopment plan. The annual funding of
20 the redevelopment trust fund shall be in an amount not less
21 than that increment in the income, proceeds, revenues, and
22 funds of each taxing authority derived from or held in
23 connection with the undertaking and carrying out of community
24 redevelopment under this part. Such increment shall be
25 determined annually and shall be that amount equal to 95
26 percent of the difference between:
27 (a) The amount of ad valorem taxes levied each year by
28 each taxing authority, exclusive of any amount from any debt
29 service millage, on taxable real property contained within the
30 geographic boundaries of a community redevelopment area; and
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Florida Senate - 2002 SB 2170
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1 (b) The amount of ad valorem taxes which would have
2 been produced by the rate upon which the tax is levied each
3 year by or for each taxing authority, exclusive of any debt
4 service millage, upon the total of the assessed value of the
5 taxable real property in the community redevelopment area as
6 shown upon the most recent assessment roll used in connection
7 with the taxation of such property by each taxing authority
8 prior to the effective date of the ordinance providing for the
9 funding of the trust fund.
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11 However, the governing body of any county as defined in s.
12 125.011(1) may, in the ordinance providing for the funding of
13 a trust fund established with respect to any community
14 redevelopment area created on or after July 1, 1994, determine
15 that the amount to be funded by each taxing authority annually
16 shall be less than 95 percent of the difference between
17 paragraphs (a) and (b), but in no event shall such amount be
18 less than 50 percent of such difference.
19 (2)(a) Except for the purpose of funding the trust
20 fund pursuant to subsection (3), upon the adoption of an
21 ordinance providing for funding of the redevelopment trust
22 fund as provided in this section, each taxing authority shall,
23 by January 1 of each year, appropriate to the trust fund for
24 so long as any indebtedness pledging increment revenues to the
25 payment thereof is outstanding (but not to exceed 30 years
26 following the date of approval or adoption of the initial
27 plan) a sum that is no less than the increment as defined and
28 determined in subsection (1) accruing to such taxing
29 authority. If the community redevelopment plan is amended or
30 modified pursuant to s. 163.361(1), each such taxing authority
31 shall make the annual appropriation for a period not to exceed
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1 30 years after the date of approval or adoption of the initial
2 the governing body amends the plan.
3 (c) The following public bodies or taxing authorities
4 created prior to July 1, 1993, are exempt from paragraph (a):
5 1. A special district that levies ad valorem taxes on
6 taxable real property in more than one county.
7 2. A special district the sole available source of
8 revenue of which is ad valorem taxes at the time an ordinance
9 is adopted under this section.
10 3. A library district, except a library district in a
11 jurisdiction where the community redevelopment agency had
12 validated bonds as of April 30, 1984.
13 4. A neighborhood improvement district created under
14 the Safe Neighborhoods Act.
15 5. A metropolitan transportation authority.
16 6. A water management district created under s.
17 373.069.
18 7. Any other special district that exists for the
19 improvement of the public health, safety, and welfare.
20 Section 7. This act does not apply to any ordinance or
21 resolution authorizing the issuance of bonds, notes, or other
22 forms of indebtedness to which is pledged increment revenues
23 pursuant to a community redevelopment plan or amendment, or
24 modification thereof, which was approved or adopted before
25 October 1, 2002.
26 Section 8. This act shall take effect October 1, 2002.
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2 SENATE SUMMARY
3 Revises various provisions of part III of ch. 163, F.S.,
governing community redevelopment. Redefines the terms
4 "slum area" and "blighted area." Requires that
redevelopment financed by increment revenues be completed
5 within a time certain or within 30 years. Requires that
the redevelopment trust fund be funded for the duration
6 of the redevelopment plan. (See bill for details.)
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