Bill Text: FL H0547 | 2012 | Regular Session | Introduced

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Bill Title: Community Redevelopment Agencies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-07 - Unfavorable by Finance and Tax Committee, laid on Table; YEAS 12 NAYS 12 [H0547 Detail]

Download: Florida-2012-H0547-Introduced.html

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HB 547

1	A bill to be entitled
2	An act relating to community redevelopment agencies;
3	amending s. 163.356, F.S.; providing reporting
4	requirements for certain community redevelopment
5	agencies; providing for the termination of community
6	redevelopment agencies by the board of county
7	commissioners of certain counties; providing public
8	hearing and notice and termination plan requirements;
9	providing that consent from certain entities is not
10	required for such termination; amending s. 163.362,
11	F.S.; providing additional redevelopment plan
12	requirements for certain counties; amending s.
13	163.387, F.S.; providing requirements for the
14	expenditure of moneys from redevelopment trust funds
15	in certain counties; exempting payment of debt service
16	in such counties from certain approval; providing
17	requirements for the appropriation of certain trust
18	fund moneys in such counties; requiring a forensic
19	audit of agencies in such counties at least every 5
20	years for certain purposes; providing an effective
21	date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (c) of subsection (3) of section
26	163.356, Florida Statutes, is amended, and subsection (5) is
27	added to that section, to read:
28	163.356  Creation and termination of a community
29	redevelopment agency.-
30	(3)
31	(c)  The governing body of the county or municipality shall
32	designate a chair and vice chair from among the commissioners.
33	An agency may employ an executive director, technical experts,
34	and such other agents and employees, permanent and temporary, as
35	it requires, and determine their qualifications, duties, and
36	compensation. For such legal service as it requires, an agency
37	may employ or retain its own counsel and legal staff. An agency
38	authorized to transact business and exercise powers under this
39	part shall file with the governing body, on or before March 31
40	of each year, a report of its activities for the preceding
41	fiscal year, which report shall include a complete financial
42	statement setting forth its assets, liabilities, income, and
43	operating expenses as of the end of such fiscal year. At the
44	time of filing the report, the agency shall publish in a
45	newspaper of general circulation in the community a notice to
46	the effect that such report has been filed with the county or
47	municipality and that the report is available for inspection
48	during business hours in the office of the clerk of the city or
49	county commission and in the office of the agency. Agencies
50	operating within a county as defined in s. 125.011(1) are
51	required to submit to annual performance reviews conducted by
52	and at the discretion of the board of county commissioners.
53	(5)(a)  In any county as defined in s. 125.011(1) that has
54	created a community redevelopment agency or has delegated the
55	creation of a community redevelopment agency to a municipality
56	pursuant to s. 163.410, the board of county commissioners may
57	terminate the agency operating or located in its boundaries, if
58	the board finds:
59	1.  The agency has been inefficient in removing slum and
60	blight within the community redevelopment area;
61	2.  The agency has neglected its duties and
62	responsibilities under the approved redevelopment plan or under
63	any interlocal agreement between the governing body of the
64	county or any taxing authority and the agency under this part;
65	3.  The agency has engaged in financial misconduct or
66	wasteful activities as evidenced by any forensic audit required
67	by s. 163.387(9), any annual performance review, or any annual
68	report of the agency's activities for the previous fiscal year,
69	including the complete financial statement required in paragraph
70	(3)(c); or
71	4.  There is no longer a need for the agency.
72	(b)1.  After a public hearing on the proposed termination
73	of an agency under this subsection, the board of county
74	commissioners may effectuate the termination of the agency by
75	adopting a resolution that approves termination of the agency
76	pursuant to a termination plan consistent with the provisions of
77	subparagraph 3.
78	2.  The board of county commissioners must notify the
79	agency of the proposed termination and the grounds for
80	termination in writing at least 30 days before the public
81	hearing on the termination of the agency. After the agency has
82	been given notice pursuant to this subparagraph, the agency may
83	not issue bonds, incur further indebtedness, or enter into any
84	contract, unless approved by the board. The agency must respond
85	to the notice of proposed termination and the grounds for
86	termination in writing at least 5 days before the public
87	hearing.
88	3.  A termination plan approved by the board of county
89	commissioners:
90	a.  Shall, if the agency has outstanding debt, including
91	debt that pledges increment revenues as a source of repayment,
92	require repayment of the debt, or make provision for the
93	repayment, on or before it is due and may require taxing
94	authorities to continue making required contributions until the
95	repayment is paid;
96	b.  May require the governing body of the county to assume
97	the powers of the agency and act as the board of commissioners
98	for the agency for purposes of overseeing the continued payment
99	of outstanding debt or the completion of projects begun before
100	the date of the notice of termination;
101	c.  Shall provide an effective date of termination of the
102	agency, which shall be a date after payment or provision for
103	payment of all outstanding debt of the agency; and
104	d.  Shall provide that after termination of the agency the
105	obligation of a taxing authority to contribute to the trust fund
106	pursuant to s. 163.387 is automatically terminated by operation
107	of law and any funds remaining in the trust fund shall be
108	disbursed to the taxing authorities in proportion to the amounts
109	contributed by such taxing authorities.
110	(c)  Notwithstanding any provision of law to the contrary,
111	consent to termination under this subsection is not required
112	from the agency, from the governing body of a municipality
113	within which the agency operates or which was delegated the
114	authority to create the agency, from the taxing authorities that
115	contribute to the redevelopment trust fund of the agency, or
116	from any other person or entity.
117	Section 2.  Subsection (10) of section 163.362, Florida
118	Statutes, is amended, to read:
119	163.362  Contents of community redevelopment plan.-Every
120	community redevelopment plan shall:
121	(10)  Provide a time certain for completing all
122	redevelopment financed by increment revenues. Such time certain
123	shall occur no later than 30 years after the fiscal year in
124	which the plan is approved, adopted, or amended pursuant to s.
125	163.361(1). However, for any agency created after July 1, 2002,
126	the time certain for completing all redevelopment financed by
127	increment revenues must occur within 40 years after the fiscal
128	year in which the plan is approved or adopted. In any county as
129	defined in s. 125.011(1), any redevelopment plan that is
130	approved or amended on or after July 1, 2012, must also provide
131	a specific date by which each redevelopment activity that is a
132	part of a redevelopment project proposed to be funded by the
133	increment fund is scheduled to be completed.
134	Section 3.  Subsections (6) and (7) of section 163.387,
135	Florida Statutes, are amended, and subsection (9) is added to
136	that section, to read:
137	163.387  Redevelopment trust fund.-
138	(6)(a)  Moneys in the redevelopment trust fund may be
139	expended from time to time for undertakings of a community
140	redevelopment agency as described in the community redevelopment
141	plan for the following purposes, including, but not limited to:
142	1.(a)  Administrative and overhead expenses necessary or
143	incidental to the implementation of a community redevelopment
144	plan adopted by the agency.
145	2.(b)  Expenses of redevelopment planning, surveys, and
146	financial analysis, including the reimbursement of the governing
147	body or the community redevelopment agency for such expenses
148	incurred before the redevelopment plan was approved and adopted.
149	3.(c)  The acquisition of real property in the
150	redevelopment area.
151	4.(d)  The clearance and preparation of any redevelopment
152	area for redevelopment and relocation of site occupants within
153	or outside the community redevelopment area as provided in s.
154	163.370.
155	5.(e)  The repayment of principal and interest or any
156	redemption premium for loans, advances, bonds, bond anticipation
157	notes, and any other form of indebtedness.
158	6.(f)  All expenses incidental to or connected with the
159	issuance, sale, redemption, retirement, or purchase of bonds,
160	bond anticipation notes, or other form of indebtedness,
161	including funding of any reserve, redemption, or other fund or
162	account provided for in the ordinance or resolution authorizing
163	such bonds, notes, or other form of indebtedness.
164	7.(g)  The development of affordable housing within the
165	community redevelopment area.
166	8.(h)  The development of community policing innovations.
167	(b)  For the purpose of the expenditure of moneys in
168	redevelopment trust funds in counties as defined in s.
169	125.011(1), the following apply:
170	1.  An agency operating in the county must submit an annual
171	budget indicating any proposed expenditures of increment
172	revenues by August 15 of each year.
173	2.  The board of county commissioners may approve the
174	budget by resolution.
175	3.  Increment revenues contributed by the county may not be
176	expended for redevelopment activities without the approval of
177	the board of county commissioners, unless such expenditures are
178	to pay existing debts and contractual obligations of the agency.
179	4.  Existing debts or contractual obligations, as described
180	in paragraph 3., include only such debt incurred pursuant to s.
181	163.385 and moneys owed from contracts entered into before the
182	date of a notice of termination as authorized by s. 163.356(5).
183	Existing debts or contractual obligations may not include
184	salaries of at-will employees whose duties are directly
185	associated with the provision of administrative or other
186	services and who are employed by an agency or a municipality
187	that provides administrative or other services to an agency.
188	Existing debts or contractual obligations may not include
189	contracts that are terminable at will.
190	5.  The agency may not seek permission to issue bonds,
191	incur further indebtedness, or enter into contracts until the
192	governing body of the county has approved the agency's annual
193	budget.
194	(c)  Notwithstanding any provision in this section, in a
195	county as defined in s. 125.011(1), if the agency's issuance of
196	debt has been approved pursuant to s. 163.385, the agency's
197	payment of debt service for debt secured by increment revenues
198	does not require the approval of the board of county
199	commissioners as a part of the annual agency budgetary approval
200	process.
201	(7)  On the last day of the fiscal year of the community
202	redevelopment agency, any money that which remains in the trust
203	fund after the payment of expenses pursuant to subsection (6)
204	for such year shall be:
205	(a)  Returned to each taxing authority that which paid the
206	increment in the proportion that the amount of the payment of
207	such taxing authority bears to the total amount paid into the
208	trust fund by all taxing authorities for that year;
209	(b)  Used to reduce the amount of any indebtedness to which
210	increment revenues are pledged;
211	(c)  Deposited into an escrow account for the purpose of
212	later reducing any indebtedness to which increment revenues are
213	pledged; or
214	(d)  Appropriated to a specific redevelopment project
215	pursuant to an approved community redevelopment plan. However,
216	in a county as defined in s. 125.011(1), such funds may only be
217	appropriated in accordance with this paragraph if:
218	1.  The which project will be completed within 3 years
219	after from the date of such appropriation.
220	2.  Before the appropriation, an acceptable construction
221	timeline and budget for the project is submitted to and approved
222	by the board of county commissioners.
223	(9)  In addition to the audit required by subsection (8),
224	an agency located and operating in a county as defined in s.
225	125.011(1) shall submit to a forensic audit performed by a
226	licensed and independent forensic accountant at least every 5
227	years, as requested by the board of county commissioners. The
228	forensic audit shall include, but is not limited to, a review of
229	an agency's assets, liabilities, income, and operating expenses
230	to ensure that the agency has not engaged in financial
231	misconduct or wasteful activity.
232	Section 4.  This act shall take effect July 1, 2012.

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