Florida Senate - 2008 SB 2518

By Senator Bennett

21-03302A-08 20082518__

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A bill to be entitled

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An act relating to community redevelopment agencies;

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creating s. 163.351, F.S.; revising requirements

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concerning reporting by community redevelopment agencies;

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requiring an annual report of progress and plans to the

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governing body; requiring that the agency and the county

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or municipality make such report available for public

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inspection; requiring that certain reports or information

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concerning dependent special districts be annually

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provided to the Department of Community Affairs;

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requiring that certain financial reports or information

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be annually provided to the Department of Financial

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Services; amending s. 163.356, F.S.; eliminating the

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requirement that community redevelopment agencies file

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and make available to the public certain reports

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concerning finances; amending s. 163.387, F.S.; providing

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requirements concerning the calculation of increment

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revenues; revising the factors used to calculate

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increment revenues; limiting expenditures made from the

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redevelopment trust fund for the undertakings of a

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community redevelopment agency to undertakings within the

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community redevelopment area; providing a list of the

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types of expenditures that may be made; specifying that

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the list is not exclusive; eliminating requirements

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concerning the auditing of a community redevelopment

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agency's redevelopment trust fund; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 163.351, Florida Statutes, is created to

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read:

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     163.351 Reporting requirements for community redevelopment

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agencies.--Each community redevelopment agency shall annually:

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     (1) By March 31 file with the governing body a report

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describing the progress made on each public project in the

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redevelopment plan which was funded during the preceding fiscal

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year and summarizing activities that, as of the end of the fiscal

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year, are planned for the upcoming fiscal year. On the date that

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the report is filed, the agency shall publish in a newspaper of

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general circulation in the community a notice that the report has

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been filed with the county or municipality and is available for

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inspection during business hours in the office of the clerk of

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the county or municipality and in the office of the agency.

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     (2) Provide the reports or information that a dependent

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special district is required to file under chapter 189 to the

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Department of Community Affairs.

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     (3) Provide the reports or information required under ss.

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218.32, 218.38, and 218.39 to the Department of Financial

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Services.

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     Section 2.  Paragraph (c) of subsection (3) of section

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163.356, Florida Statutes, is amended to read:

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     163.356  Creation of community redevelopment agency.--

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     (3)

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     (c)  The governing body of the county or municipality shall

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designate a chair and vice chair from among the commissioners. An

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agency may employ an executive director, technical experts, and

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such other agents and employees, permanent and temporary, as it

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requires, and determine their qualifications, duties, and

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compensation. For such legal service as it requires, an agency

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may employ or retain its own counsel and legal staff. An agency

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authorized to transact business and exercise powers under this

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part shall file with the governing body, on or before March 31 of

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each year, a report of its activities for the preceding fiscal

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year, which report shall include a complete financial statement

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setting forth its assets, liabilities, income, and operating

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expenses as of the end of such fiscal year. At the time of filing

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the report, the agency shall publish in a newspaper of general

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circulation in the community a notice to the effect that such

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report has been filed with the county or municipality and that

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the report is available for inspection during business hours in

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the office of the clerk of the city or county commission and in

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the office of the agency.

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     Section 3.  Paragraph (a) of subsection (1) and subsections

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(6) and (8) of section 163.387, Florida Statutes, are amended to

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read:

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     163.387  Redevelopment trust fund.--

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     (1)(a)  After approval of a community redevelopment plan,

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there may be established for each community redevelopment agency

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created under s. 163.356 a redevelopment trust fund. Funds

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allocated to and deposited into this fund shall be used by the

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agency to finance or refinance any community redevelopment it

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undertakes pursuant to the approved community redevelopment plan.

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No community redevelopment agency may receive or spend any

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increment revenues pursuant to this section unless and until the

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governing body has, by ordinance, created the trust fund and

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provided for the funding of the redevelopment trust fund until

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the time certain set forth in the community redevelopment plan as

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required by s. 163.362(10). Such ordinance may be adopted only

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after the governing body has approved a community redevelopment

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plan. The annual funding of the redevelopment trust fund shall be

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in an amount not less than that increment in the income,

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proceeds, revenues, and funds of each taxing authority derived

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from or held in connection with the undertaking and carrying out

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of community redevelopment under this part. Such increment

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revenues shall be determined annually and shall be calculated as

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an that amount equal to 95 percent of the difference between:

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     1.  The amount of ad valorem taxes levied each year by each

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taxing authority, exclusive of any amount from any debt service

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millage, on taxable real property contained within the geographic

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boundaries of a community redevelopment area; and

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     2.  The amount of ad valorem taxes which would have been

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produced by the rate upon which the tax is levied each year by or

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for each taxing authority, exclusive of any debt service millage,

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upon the total of the assessed value of the taxable real property

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in the community redevelopment area as shown upon the most recent

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assessment roll used in connection with the taxation of such

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property by each taxing authority prior to the effective date of

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the ordinance creating the trust fund and providing for the

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funding of the trust fund.

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However, the governing body of any county as defined in s.

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125.011(1) may, in the ordinance providing for the funding of a

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trust fund established with respect to any community

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redevelopment area created on or after July 1, 1994, determine

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that the amount to be funded by each taxing authority annually

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shall be less than 95 percent of the difference between

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subparagraphs 1. and 2., but in no event shall such amount be

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less than 50 percent of such difference.

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     (6)  Moneys in the redevelopment trust fund may be expended

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from time to time for undertakings of a community redevelopment

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agency within the community redevelopment area as described in

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the community redevelopment plan. Such expenditures may include

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for the following purposes, including, but are not limited to:

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     (a)  Administrative and overhead expenses necessary or

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incidental to the implementation of a community redevelopment

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plan adopted by the agency.

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     (b)  Expenses of redevelopment planning, surveys, and

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financial analysis, including the reimbursement of the governing

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body, any taxing authority, or the community redevelopment agency

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for such expenses incurred before the redevelopment plan was

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approved and adopted.

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     (c) Expenses related to the promotion or marketing of

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projects or activities in the redevelopment area which are

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sponsored by the community redevelopment agency.

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     (d)(c) The acquisition of real property in the

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redevelopment area.

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     (e)(d) The clearance and preparation of any redevelopment

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area for redevelopment and relocation of site occupants within or

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outside the community redevelopment area as provided in s.

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163.370.

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     (f)(e) The repayment of principal and interest or any

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redemption premium for loans, advances, bonds, bond anticipation

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notes, and any other form of indebtedness.

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     (g)(f) All expenses incidental to or connected with the

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issuance, sale, redemption, retirement, or purchase of bonds,

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bond anticipation notes, or other form of indebtedness, including

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funding of any reserve, redemption, or other fund or account

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provided for in the ordinance or resolution authorizing such

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bonds, notes, or other form of indebtedness.

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     (h)(g) The development of affordable housing within the

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community redevelopment area.

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     (i)(h) The development of Community policing innovations.

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This listing of types of expenditures is not an exclusive list of

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the expenditures that may be made under this subsection and is

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intended only to provide examples of some of the activities,

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projects, or expenses for which an expenditure may be made under

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this subsection.

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     (8) Each community redevelopment agency shall provide for

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an audit of the trust fund each fiscal year and a report of such

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audit to be prepared by an independent certified public

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accountant or firm. Such report shall describe the amount and

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source of deposits into, and the amount and purpose of

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withdrawals from, the trust fund during such fiscal year and the

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amount of principal and interest paid during such year on any

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indebtedness to which increment revenues are pledged and the

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remaining amount of such indebtedness. The agency shall provide

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by registered mail a copy of the report to each taxing authority.

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     Section 4.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.