Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1242
Ì232314sÎ232314
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2025 .
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The Committee on Rules (McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 163.356, Florida
6 Statutes, is 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.
18 (b) A governing body that consists of five members may
19 appoint two additional persons to act as members of the
20 community redevelopment agency. The term of office of these
21 additional members is 4 years, except that the first person
22 appointed shall initially serve a term of 2 years. Persons
23 appointed under this paragraph are subject to the provisions of
24 this part relating to appointed members of a community
25 redevelopment agency appoint a board of commissioners of the
26 community redevelopment agency, which shall consist of not fewer
27 than five or more than nine commissioners. The terms of office
28 of the commissioners shall be for 4 years, except that three of
29 the members first appointed shall be designated to serve terms
30 of 1, 2, and 3 years, respectively, from the date of their
31 appointments, and all other members shall be designated to serve
32 for terms of 4 years from the date of their appointments. A
33 vacancy occurring during a term shall be filled for the
34 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 Section 2. Section 163.357, Florida Statutes, is repealed.
47 Section 3. Subsections (1), (3), and (4) of section
48 163.361, Florida Statutes, are amended to read:
49 163.361 Modification of community redevelopment plans.—
50 (1) If at any time after the approval of a community
51 redevelopment plan by the governing body it becomes necessary or
52 desirable to amend or modify such plan, the governing body may
53 amend such plan upon the recommendation of the agency. The
54 agency recommendation to amend or modify a redevelopment plan
55 may include a change in the boundaries of the redevelopment area
56 to add land to or exclude land from the redevelopment area, or
57 may include the development and implementation of community
58 policing innovations.
59 (3)(a) The governing body may not adopt In addition to the
60 requirements of s. 163.346, and prior to the adoption of any
61 modification to a community redevelopment plan that expands the
62 boundaries of the community redevelopment area or extends the
63 time certain set forth in the redevelopment plan as required by
64 s. 163.362(10), the agency shall report such proposed
65 modification to each taxing authority in writing or by an oral
66 presentation, or both, regarding such proposed modification.
67 (b) For any community redevelopment agency that was not
68 created pursuant to a delegation of authority under s. 163.410
69 by a county that has adopted a home rule charter and that
70 modifies its adopted community redevelopment plan in a manner
71 that expands the boundaries of the redevelopment area after
72 October 1, 2006, the following additional procedures are
73 required prior to adoption by the governing body of a modified
74 community redevelopment plan:
75 1. Within 30 days after receipt of any report of a proposed
76 modification that expands the boundaries of the redevelopment
77 area, the county may provide notice by registered mail to the
78 governing body of the municipality and the community
79 redevelopment agency that the county has competing policy goals
80 and plans for the public funds the county would be required to
81 deposit to the community redevelopment trust fund under the
82 proposed modification to the community redevelopment plan.
83 2. If the notice required in subparagraph 1. is timely
84 provided, the governing body of the county and the governing
85 body of the municipality that created the community
86 redevelopment agency shall schedule and hold a joint hearing co
87 chaired by the chair of the governing body of the county and the
88 mayor of the municipality, with the agenda to be set by the
89 chair of the governing body of the county, at which the
90 competing policy goals for the public funds shall be discussed.
91 For those community redevelopment agencies for which the board
92 of commissioners of the community redevelopment agency are
93 comprised as specified in s. 163.356(2), a designee of the
94 community redevelopment agency shall participate in the joint
95 meeting as a nonvoting member. Any such hearing shall be held
96 within 90 days after receipt by the county of the recommended
97 modification of the adopted community redevelopment plan. Prior
98 to the joint public hearing, the county may propose an
99 alternative modified community redevelopment plan that meets the
100 requirements of s. 163.360 to address the conditions identified
101 in the resolution making a finding of necessity required under
102 s. 163.355. If such an alternative modified redevelopment plan
103 is proposed by the county, such plan shall be delivered to the
104 governing body of the municipality that created the community
105 redevelopment agency and the executive director or other officer
106 of the community redevelopment agency by registered mail at
107 least 30 days prior to holding the joint meeting.
108 3. If the notice required in subparagraph 1. is timely
109 provided, the municipality may not proceed with the adoption of
110 a modified plan until 30 days after the joint hearing unless the
111 governing body of the county has failed to schedule or a
112 majority of the members of the governing body of the county have
113 failed to attend the joint hearing within the required 90-day
114 period.
115 4. Notwithstanding the time requirements established in
116 subparagraphs 2. and 3., the county and the municipality may at
117 any time voluntarily use the dispute resolution process
118 established in chapter 164 to attempt to resolve any competing
119 policy goals between the county and municipality related to the
120 community redevelopment agency. Nothing in this subparagraph
121 grants the county or the municipality the authority to require
122 the other local government to participate in the dispute
123 resolution process.
124 (4) A modification to a community redevelopment plan that
125 includes a change in the boundaries of the redevelopment area to
126 add land must be supported by a resolution as provided in s.
127 163.355.
128 Section 4. Paragraph (c) of subsection (2) of section
129 163.370, Florida Statutes, is amended, and paragraph (d) is
130 added to subsection (3) of that section, to read:
131 163.370 Powers; counties and municipalities; community
132 redevelopment agencies.—
133 (2) Every county and municipality shall have all the powers
134 necessary or convenient to carry out and effectuate the purposes
135 and provisions of this part, including the following powers in
136 addition to others herein granted:
137 (c) To undertake and carry out community redevelopment and
138 related activities within the community redevelopment area,
139 which may include:
140 1. Acquisition of property within a slum area or a blighted
141 area by purchase, lease, option, gift, grant, bequest, devise,
142 or other voluntary method of acquisition.
143 2. Demolition and removal of buildings and improvements.
144 3. Installation, construction, or reconstruction of
145 streets, utilities, parks, playgrounds, public areas of major
146 hotels that are constructed in support of convention centers,
147 including meeting rooms, banquet facilities, parking garages,
148 lobbies, and passageways, and other improvements necessary for
149 carrying out in the community redevelopment area the community
150 redevelopment objectives of this part in accordance with the
151 community redevelopment plan.
152 4. Disposition of any property acquired in the community
153 redevelopment area at its fair value as provided in s. 163.380
154 for uses in accordance with the community redevelopment plan.
155 5. Carrying out plans for a program of voluntary or
156 compulsory repair and rehabilitation of buildings or other
157 improvements in accordance with the community redevelopment
158 plan.
159 6. Acquisition by purchase, lease, option, gift, grant,
160 bequest, devise, or other voluntary method of acquisition of
161 real property in the community redevelopment area which, under
162 the community redevelopment plan, is to be repaired or
163 rehabilitated for dwelling use or related facilities, repair or
164 rehabilitation of the structures for guidance purposes, and
165 resale of the property.
166 7. Acquisition by purchase, lease, option, gift, grant,
167 bequest, devise, or other voluntary method of acquisition of any
168 other real property in the community redevelopment area when
169 necessary to eliminate unhealthful, unsanitary, or unsafe
170 conditions; lessen density; eliminate obsolete or other uses
171 detrimental to the public welfare; or otherwise to remove or
172 prevent the spread of blight or deterioration or to provide land
173 for needed public facilities.
174 8. Acquisition, without regard to any requirement that the
175 area be a slum or blighted area, of air rights in an area
176 consisting principally of land in highways, railway or subway
177 tracks, bridge or tunnel entrances, or other similar facilities
178 which have a blighting influence on the surrounding area and
179 over which air rights sites are to be developed for the
180 elimination of such blighting influences and for the provision
181 of housing (and related facilities and uses) designed
182 specifically for, and limited to, families and individuals of
183 low or moderate income.
184 9. Acquisition by purchase, lease, option, gift, grant,
185 bequest, devise, or other voluntary method of acquisition of
186 property in unincorporated enclaves surrounded by the boundaries
187 of a community redevelopment area when it is determined
188 necessary by the agency to accomplish the community
189 redevelopment plan.
190 10. Construction of foundations and platforms necessary for
191 the provision of air rights sites of housing (and related
192 facilities and uses) designed specifically for, and limited to,
193 families and individuals of low or moderate income.
194 (3) The following projects may not be paid for or financed
195 by increment revenues:
196 (d) Sponsorship, whether direct or indirect, of concerts,
197 festivals, holiday events, parades, or similar activities.
198 Section 5. Section 163.3755, Florida Statutes, is amended
199 to read:
200 163.3755 Termination of community redevelopment agencies.—
201 (1) A community redevelopment agency in existence on
202 October 1, 2019, shall terminate on the time certain for
203 completing all redevelopment expiration date provided in the
204 agency’s charter as required by s. 163.362(10) on October 1,
205 2019, or on September 30, 2039, whichever is earlier, unless the
206 governing body of the county or municipality that created the
207 community redevelopment agency approves its continued existence
208 by a majority vote of the members of the governing body.
209 (2)(a) If the governing body of the county or municipality
210 that created the community redevelopment agency does not approve
211 its continued existence by a majority vote of the governing body
212 members, A community redevelopment agency with outstanding bonds
213 as of October 1, 2025 2019, that do not mature until after the
214 time certain for completing all redevelopment provided in the
215 agency’s charter termination date of the agency or September 30,
216 2039, whichever is earlier, remains in existence until the date
217 the bonds mature.
218 (b) A community redevelopment agency operating under this
219 subsection on or after September 30, 2039, may not extend the
220 maturity date of any outstanding bonds beyond the time certain
221 for completing all redevelopment provided in the agency’s
222 charter.
223 (c) The county or municipality that created the community
224 redevelopment agency must issue a new finding of necessity
225 limited to timely meeting the remaining bond obligations of the
226 community redevelopment agency.
227 Section 6. Paragraph (b) of subsection (3) of section
228 112.3143, Florida Statutes, is amended to read:
229 112.3143 Voting conflicts.—
230 (3)
231 (b) However, a commissioner of a community redevelopment
232 agency created or designated pursuant to s. 163.356 or s.
233 163.357, or an officer of an independent special tax district
234 elected on a one-acre, one-vote basis, is not prohibited from
235 voting, when voting in said capacity.
236 Section 7. Subsection (1) of section 163.340, Florida
237 Statutes, is amended to read:
238 163.340 Definitions.—The following terms, wherever used or
239 referred to in this part, have the following meanings:
240 (1) “Agency” or “community redevelopment agency” means a
241 public agency created by, or designated pursuant to, s. 163.356
242 or s. 163.357.
243 Section 8. Section 163.346, Florida Statutes, is amended to
244 read:
245 163.346 Notice to taxing authorities.—Before the governing
246 body adopts any resolution or enacts any ordinance required
247 under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates
248 a community redevelopment agency; approves, adopts, or amends a
249 community redevelopment plan; or issues redevelopment revenue
250 bonds under s. 163.385, the governing body must provide public
251 notice of such proposed action pursuant to s. 125.66(2) or s.
252 166.041(3)(a) and, at least 15 days before such proposed action,
253 mail by registered mail a notice to each taxing authority which
254 levies ad valorem taxes on taxable real property contained
255 within the geographic boundaries of the redevelopment area.
256 Section 9. Paragraph (b) of subsection (6) of section
257 163.360, Florida Statutes, is amended to read:
258 163.360 Community redevelopment plans.—
259 (6)
260 (b) For any governing body that has not authorized by June
261 5, 2006, a study to consider whether a finding of necessity
262 resolution pursuant to s. 163.355 should be adopted, has not
263 adopted a finding of necessity resolution pursuant to s. 163.355
264 by March 31, 2007, has not adopted a community redevelopment
265 plan by June 7, 2007, and was not authorized to exercise
266 community redevelopment powers pursuant to a delegation of
267 authority under s. 163.410 by a county that has adopted a home
268 rule charter, the following additional procedures are required
269 prior to adoption by the governing body of a community
270 redevelopment plan under subsection (7):
271 1. Within 30 days after receipt of any community
272 redevelopment plan recommended by a community redevelopment
273 agency under subsection (5), the county may provide written
274 notice by registered mail to the governing body of the
275 municipality and to the community redevelopment agency that the
276 county has competing policy goals and plans for the public funds
277 the county would be required to deposit to the community
278 redevelopment trust fund under the proposed community
279 redevelopment plan.
280 2. If the notice required in subparagraph 1. is timely
281 provided, the governing body of the county and the governing
282 body of the municipality that created the community
283 redevelopment agency shall schedule and hold a joint hearing co
284 chaired by the chair of the governing body of the county and the
285 mayor of the municipality, with the agenda to be set by the
286 chair of the governing body of the county, at which the
287 competing policy goals for the public funds shall be discussed.
288 For those community redevelopment agencies in existence on
289 October 1, 2025, for which the board of commissioners of the
290 community redevelopment agency are comprised as specified in s.
291 163.356(2), Florida Statutes 2024, a designee of the community
292 redevelopment agency shall participate in the joint meeting as a
293 nonvoting member. Any such hearing must be held within 90 days
294 after receipt by the county of the recommended community
295 redevelopment plan. Prior to the joint public hearing, the
296 county may propose an alternative redevelopment plan that meets
297 the requirements of this section to address the conditions
298 identified in the resolution making a finding of necessity
299 required by s. 163.355. If such an alternative redevelopment
300 plan is proposed by the county, such plan shall be delivered to
301 the governing body of the municipality that created the
302 community redevelopment agency and to the executive director or
303 other officer of the community redevelopment agency by
304 registered mail at least 30 days prior to holding the joint
305 meeting.
306 3. If the notice required in subparagraph 1. is timely
307 provided, the municipality may not proceed with the adoption of
308 the plan under subsection (7) until 30 days after the joint
309 hearing unless the governing body of the county has failed to
310 schedule or a majority of the members of the governing body of
311 the county have failed to attend the joint hearing within the
312 required 90-day period.
313 4. Notwithstanding the time requirements established in
314 subparagraphs 2. and 3., the county and the municipality may at
315 any time voluntarily use the dispute resolution process
316 established in chapter 164 to attempt to resolve any competing
317 policy goals between the county and municipality related to the
318 community redevelopment agency. Nothing in this subparagraph
319 grants the county or the municipality the authority to require
320 the other local government to participate in the dispute
321 resolution process.
322 Section 10. Subsection (1) of section 163.367, Florida
323 Statutes, is amended to read:
324 163.367 Public officials, commissioners, and employees
325 subject to code of ethics.—
326 (1) The officers, commissioners, and employees of a
327 community redevelopment agency created by, or designated
328 pursuant to, s. 163.356 or s. 163.357 are subject to part III of
329 chapter 112, and commissioners also must comply with the ethics
330 training requirements as imposed in s. 112.3142.
331 Section 11. Paragraph (a) of subsection (3) of section
332 163.380, Florida Statutes, is amended to read:
333 163.380 Disposal of property in community redevelopment
334 area.—The disposal of property in a community redevelopment area
335 which is acquired by eminent domain is subject to the
336 limitations set forth in s. 73.013.
337 (3)(a) Prior to disposition of any real property or
338 interest therein in a community redevelopment area, any county,
339 municipality, or community redevelopment agency shall give
340 public notice of such disposition by publication in a newspaper
341 having a general circulation in the community, at least 30 days
342 prior to the execution of any contract to sell, lease, or
343 otherwise transfer real property and, prior to the delivery of
344 any instrument of conveyance with respect thereto under the
345 provisions of this section, invite proposals from, and make all
346 pertinent information available to, private redevelopers or any
347 persons interested in undertaking to redevelop or rehabilitate a
348 community redevelopment area or any part thereof. Such notice
349 shall identify the area or portion thereof and shall state that
350 proposals must be made by those interested within 30 days after
351 the date of publication of the notice and that such further
352 information as is available may be obtained at such office as is
353 designated in the notice. The county, municipality, or community
354 redevelopment agency shall consider all such redevelopment or
355 rehabilitation proposals and the financial and legal ability of
356 the persons making such proposals to carry them out; and the
357 county, municipality, or community redevelopment agency may
358 negotiate with any persons for proposals for the purchase,
359 lease, or other transfer of any real property acquired by it in
360 the community redevelopment area. The county, municipality, or
361 community redevelopment agency may accept such proposal as it
362 deems to be in the public interest and in furtherance of the
363 purposes of this part. Except In the case of a community
364 redevelopment agency in existence on October 1, 2025, for which
365 the board of commissioners of the community redevelopment agency
366 is comprised as specified in s. 163.356(2), Florida Statutes
367 2024 governing body acting as the agency, as provided in s.
368 163.357, a notification of intention to accept such proposal
369 must be filed with the governing body not less than 30 days
370 prior to any such acceptance. Thereafter, the county,
371 municipality, or community redevelopment agency may execute such
372 contract in accordance with the provisions of subsection (1) and
373 deliver deeds, leases, and other instruments and take all steps
374 necessary to effectuate such contract.
375 Section 12. Paragraph (d) of subsection (1) of section
376 163.512, Florida Statutes, is amended to read:
377 163.512 Community redevelopment neighborhood improvement
378 districts; creation; advisory council; dissolution.—
379 (1) Upon the recommendation of the community redevelopment
380 agency and after a local planning ordinance has been adopted
381 authorizing the creation of community redevelopment neighborhood
382 improvement districts, the local governing body of a
383 municipality or county may create community redevelopment
384 neighborhood improvement districts by the enactment of a
385 separate ordinance for each district, which ordinance:
386 (d) Designates the community redevelopment board of
387 commissioners established pursuant to s. 163.356 or s. 163.357
388 as the board of directors for the district.
389 Section 13. This act shall take effect July 1, 2025.
390
391 ================= T I T L E A M E N D M E N T ================
392 And the title is amended as follows:
393 Delete everything before the enacting clause
394 and insert:
395 A bill to be entitled
396 An act relating to community redevelopment agencies;
397 amending s. 163.356, F.S.; revising the structure of
398 community redevelopment agencies to require a
399 governing body to declare itself to be an agency;
400 authorizing a governing body to appoint additional
401 members of the agency under certain circumstances;
402 providing for terms of such additional members;
403 providing construction; repealing s. 163.357, F.S.,
404 relating to the governing body as the community
405 redevelopment agency; amending s. 163.361, F.S.;
406 prohibiting the governing body from adopting any
407 modification to a community redevelopment plan which
408 expands the boundaries of the community redevelopment
409 area or extends the time certain set forth in the
410 redevelopment plan; amending s. 163.370, F.S.;
411 revising the authorized activities of community
412 redevelopment agencies; prohibiting community
413 redevelopment agencies from paying for or financing by
414 increment revenues certain projects; amending s.
415 163.3755, F.S.; revising the date on which community
416 redevelopment agencies must terminate; prohibiting a
417 community redevelopment agency from extending the
418 maturity date of outstanding bonds beyond a time
419 certain; amending ss. 112.3143, 163.340, 163.346,
420 163.360, 163.367, 163.380, and 163.512, F.S.;
421 conforming provisions to changes made by the act;
422 providing an effective date.