04-19-1993
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Agenda/C
4-19-93
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AGENDA
Community Redevelopment Agency
Monday - April 19, 1 993
9:00 A.M.
I. Call to order
II. Approval of Minutes of:
10/19/92; 11/30/92 & 2/16/93
III. Brown offer to purchase CETA
Property
IV. Site Plan for Station Square Park
Parking Lot (Kravas Property)
V. Res. #93-1 - Abatement of taxes
on Kravas Property
VI. Joint Meeting with the Downtown
Development Board (DDB)
scheduled for 4/26/93
VII. Executive Director Reports
A. Bilgore Property
B. Annual report and Independent
Financial Audit
C. Retail Recruitment
VIII. Discussion Items
A. Member Thomas' list
B. Member Deegan's Memo
IX. Adjournment
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c-RA-
6Ieaf:watef-€ity CommissiGl1-
Agenda Cover Memorandum
Item #/.
Heet;ng Date: 041993
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SUBJECT:
Lease/purchase the "eET A" building, 1180 Cleveland Street.
RECOMMEN DATION/MOTION:
Reject Betty Brown's offer to purchase the "CET A" building, 1180 Cleveland Street.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
On March 3, 1993, Betty Brown, co-owner of the Plainsmen Gallery located at 11710 Cleveland Street offered a
lease/purchase proposal for the CRA property located at 1180 Cleveland Street. Mrs. Brown would pay $285,000 with
five year lease payments of $24,000 each year. The cumulative lease payments of $120,000 would reduce the
payment to $165,000. In addition, repairs in the amount of $62,000 would be credited against the lease payments.
The CRA is unable, under State law, to enter into a lease/purchase arrangement and since the City is considering
using the Annex Building as the administrative center of city government, the value of the CRA property which is across
the street from the annex should be enhanced.
Reviewed by:
LegaL
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N/A
N/A
Or;ginating Dept:
Economic Dev
Costs: S N/A
Total
Comm;ss;on Action:
o Approved
o Approved w/condit ions
o Denied
o Continued to:
User Dcpt:
Economic Development
$ N/A
Current Fiscal Yr.
o
Advertised:
Date:
Paper:
miD Not Required
Affected Parties
o Notified
miD Not Required
FlrIding Source:
o Capital Imp.
o Operating
o Other
Attachments:
o None
Appropriation Code:
N/A
ted on recycled paper
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LEASE PURCHASE AGREEMENT:
BETTY BROOWN PROPOSES TO BUY THE "CETA" PROPERTY FROM THE
C.R.A. OF CLEARWATER, WITH A LAND PURCHASE AGREEMENT.
THIS AGREEMENT WOULD CONSTITUTE A PURCHASE OF THE
PROPERTY, AFTER A FIVE YEAR PERIOD.
THE TERMS WOULD BE AS FOLLOWS:
$285,000.00. PURCHASE PRICE.
$ 24,000.00. ANNUAL LEASE AMOUNT.
THE SUM TOTAL OF THE LEASE MONIES WOULD APPLY TO THE
PRINCIPLE.
AFTER THE LEASE PERIOD, THE REMAINDER OF THE PRINCIPLE,
WOULD BE AMORTIZED FOR A TWENTY FIVE PERIOD AT A RATE OF 9%
INTEREST. THERE WOULD BE NO PENALTY FOR EARLY PAYMENT.
CREDIT WOULD BE GIVEN, TO PURCHASER, FOR BRINGING THE
EXISTING BUILDING UP TO STANDARD. THIS AMOUNT WOULD BE
$62,900.00.
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C.R.A. OF CLEARWATER, FLORIDA.
BETTY BROWN/OWNER OF THE "PLAINSMEN GALLERY", WOULD
MOVE HER BUSINESS TO THE 1180 CLEVELAND STREET LOCATION.
THE "PLAINSMEN GALLERY" HAS BEEN A SUCCESSFUL BUSINESS
DOWNTOWN CLEARWATER FOR OVER TEN YEARS.
THE "PLAINSMEN GALLERY HAS MADE A STATEMENT WITH THE
NATIONAL ART MARKET; CUSTOMER ARE SPREAD THROUGH-OUT THE
U.S. AND FLORIDA. THE NUMBER OF FOREIGN CLIENTS IS IN-
CREASING EVERY YEAR.
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RESOLUTION NO. 93-1
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA, REQUESTING THE PINELLAS
COUNTY BOARD OF COUNTY COMMISSIONERS TO CANCEL AND
DISCHARGE CERTAIN TAX LIENS UPON MUNICIPAL PROPERTY
ACQUIRED FOR PUBLIC PURPOSES, AND TO GRANT TAX
EXEMPTIONS.
WHEREAS, the Commun i ty Redeve lopment Agency of the City of Cl earwater,
Florida (CRA), a Florida redevelopment agency, has acquired a certain par~e1 of
real property for parking, stormwater retention, or other public purposes; and
HHEREAS, the CRA desires that the Board of County Commissioners of Pinel1as
County discharge any and all liens for taxes held or owned by the County or the
State of Florida upon said land, and to further provide that said land shall be
exempt from County taxation so long as the same is owned and used for such public
purpose, as authorized by Section 196.28, Florida Statutes; and
WHEREAS, in order to comply with the policy of said Board, the CRA is
willing to guarantee payment of taxes prior to the date of transfer on said land
as provided herein; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. TheCRA hereby requests the Board of CountyComnissioners of
Pinellas County, Florida, to take all formal action necessary to cancel and
discharge any and all liens for taxes, held or owned by Pinellas County or the
State of Florida, upon the land which is more particularly described in the deed,
a copy of which is attached hereto as Exhibit A, and to provide that said land
shall be exempt from taxation so long as the same is used for a public purpose.
Sect ion 2. The CRA guarantees payment of taxes prior to the date of
transfer on said lands when the tax rolls reflect the proper amount and the City
is billed for that amount.
Section 3. The City Clerk shall forthwith send a certified copy of this
resolution to the County Administrator for Pine11as County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1993.
~ita Garvey, Chairman
Attest:
Cynthia E. Goudeau, Secretary
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WAHH"".TY DEED
1"01"10. 'TO ,uDavlD
nAMeo FORM 01
INS'f II <)2-304511
(JCT 20, 1 CJ <) 2 1 1 : 11 AM
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OFF.REC,DK~BO~UN1Y FLA.
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Gilbert P. t-lilC'ph0/"son, P.A.
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EXHIBIT A
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CITY OF CLEARWATER
Interdepartmental correspondence
TO: Michael Wright, City Manager
FROM: Jerry sternstein, Economic Development Director~
SUBJECT: Bilgore site
DATE: April 14, 1993
The attached information is relevant to the advertising. expenses
incurred for the Bilgore property.
The ad ran in the st. Petersburg Times, Maddux Report, Tampa
Tribune, Tampa Bay Business Journal and the Wall street Journal.
Approx ima tely $ 2 ,096. 00 was expended. A copy of the ad is
attached.
The ad generated responses from Kay Kett of Kett Realty in
Plantation, Florida and Ralph Keuch of Atlantic city. I spoke with
both parties and discussed mixed-use and other development
potential, sent them information on the property and invited them
to meet with me if they came to Clearwater.
I did follow-up calls to both but no further interest was
expressed.
The CRA paid $690,000 for the 1.67 acres in 1986. The building
which was on site was demolished and the land was graded and
seeded. The eRA may wish to consider a "bottom line" price for the
1~67 acre parcel (72,875 square feet).
To recoup the purchase price, the eRA would have to ask $9.48 per
square foot or $690,855. At $7.50 a square foot, the property
would bring $546,562.25.
A Request for Proposal for a mixed use development could be
structured and advertised. In this way, the eRA could see if the
development community expresses any interest.
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APR-14-93 WED 9:51
PEARSON,THONAS/LKW
FAX NO. 18132811957
PI 02
,
PEARSON, THOMAS/LKW
h-DVE~TISlNG & PU-lJLIC 1WL.~ TIONS
SUiLc 800, Bayport Plaza
6200 Courtney Campboll Causeway
Tampa, FL ~3607
1'olcphonc Tampa (813) 281.9511
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MEMORANDUM
From:
Jerry Sternstein
Jean Sherry
To:
Da te:
April 14, 1993
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The Bilgore classified ads ran:
St. Pete Times
Maddux Report
Tampa Tribune
Tampa Bay Bus. Jrni.
Wall Street Jrni. (Fla.)
1/31
2/8
March 193
'2./2
2/7
2/8
1/?9
2./5
Total expended; $2,096.60
Copy of the ad is attached.
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I / 86' 'THE WALL STREET JOURNd
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FRIDAY, JANUARY 29,'1993
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FLORIDA
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: CLEARWATER, FLORIDA :
URBAN ACREAGE
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1.67 acre choice site in the
core area of Downtown Clear-
water. Located just 1 block
from the major east/west ac-
cess route to Clearwater
Beach. The core site offers
the least reslrictive zoning In
the city, including no floor
area ratios, ria setbacks and
no height limits. For details on
this outstanding opportunity,
contact: , ~' , '
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. 0 , Jerrv D. Slernsfein
'. Eeconomic Deyelopmenl Piredor
::'" ,', Cily of Clearwaler
, P.O. Box 4148
.. Clearwater, FL 34618.47U
8.13.46Z-6106, fax 813.462-6720
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CITY OF CLEARWATER
INTERDEPARTMENT CORRESPONDENCE
TO: Betty Deptula, Assistant city Manager
FROM: Margaret simmons, Assistant Finance Director '-YOaA7;'-^-
COPIES: vlMike Wright, Jeff Harper, Dan Deignan
SUBJECT: CRA Annual Report and Independent Financial Audit
DATE: April 13, 1993
Following are responses to observations 11 and 12 of Commissioner
Deegan's April 12 memorandum:
11. We have not received/reviewed the annual report supposed to
be submitted to the Auditor General prior to March 31 each
year (per FS 163.356(3)(0)).
FS 163.356 relates to requirements of the creation of a
community Redevelopment Agency that is separate from the
municipality. The city has chosen, as an alternative, FB
163.357 which establishes the governing body as the
community Redevelopment Agency. FS 163.357 does not bave a
requirement of submitting an annual report since such report
is sent to the auditor general as part of the cityUs annual
report which was sent on March 29 of this year. No separate
data on the eRA is provided in this report. The eRA
financial information is combined with other special Revenue
Funds and the CRA debt information is combined with other
Debt Service Funds.
12. We have not received/reviewed an independent financial audit
of the trust fund (per FS 163.387(8)).
As you are aware, we increased the scope of our contract
with our external auditors to include preparation of the
annual financial report to enable the city's finanoial staff
to install and convert over to a new financial software
system. Although our contract with the auditors required a
completion date of March 15, we still have not receive~ a
final report as of this date. I have attached oopies of the
pages related to the CRA from the most recent draft reoeived
from the auditors.
If you have any further questions, please feel free to contact
me.
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CITY OF CLEARWATER. fL9R1DA DRAF'"
COMMUNITY REDEVELOPMENT AGENCY
STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
YEAR ENDED SEPTEMBER 30. 1992 WITH COMPARATIVE TOTAL FIGURES FOR 19~1
~".
1992 1991
Variance
Favorable Actual
Budget Actual (Unfavorable)
Revenues:
Intergovernmental $ 279,634 279,634 369,875
Miscellaneous Revanues: .'
Rantallncome 41.010 4' ,801 791 32,869
Sale of CIty Property 1.926,710 1.926,735 25
Earnings on Investments 15,000 134,742 , 19,742 92,833
1.982,720 2.103,278 120,558 125,702
Total Revenues 2.262,354 2.382,912 120,558 495,577
expenditures:
Current - EconomIc Environment 473.680 473,298 382 138,207
Excoss o( Revenues Over expenditures 1.788.674 1.909,614 120,940 357,370
Other Financing Sources (Uses): . ,
Operating Transfers In 268,926 268,926 366,574
Operating Transfers Out (2,057.600) (2.190,043) (132,443) (726,n4)
(1.788.674) (1.921,'17) (132,443) (360,200)
Oenclency of Rovenues and Olher Financing .~~!j
Sources Over expenditures and Other ;~'i;.1
FinancIng Uses (Budgetary Basis) (11,503) (11,503) '(2,830)
Encumbered Contracts, Beginning of Year (25,537)
f
Deficiency of Revenues and Other Financing ;
Sources Over expenditures and Other
Financing Uses (GAAP 8asls) (11,503) (11,503) (28,367)
Fund Balance. Beginning of Year 19,463 19,463 47,830
.,~.
, . '
Fund Balance. End of Year $ 19.463 7.960 (11.503) ".~ 9,463
, -'
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See accompanying notes to Financial Statements.
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MEMORANDUM
TO:
Michael J. Wright, City Manager
FROM:
Jerry D. Sternstein, Economic Development Director~
Retail Recruitment Program
SUBJ:
DATE:
February 12, 1993
On April 15, 1992, the Downtown Development Board was presented
with a comprehensive retail recruitment program. While initially
well received, the program was never implemented. One element of
the endeavor, a downtown property inventory, was endorsed and
expanded and is currently in the process of being assembled.
In the in tervening per iad, I wor ked to structure a more modest
program. With the possibility that the downtown could soon have
two new developments--an apartment complex on the east end and a
commercial development on the former Maas Brothers site--the time
seemed right to talk to reta ilers about coming into downtown
Clearwater. New projects are generally good assets when trying
to sell retailers on migrating into a downtown.
To be effective
retailers who are
Florida and are
quantifiable as to
a recruitment program must be targeted
in an expansionist mode, want to locate
amenable to downtown sites. It must
results and not be staff intensive.
to
in
be
I looked at several retail listing services; one seemed to offer
everything required at a reasonable cost. Retail Lease Trac
publishes a state by state directory of retailers who are
planning to expand. The listing gives demographic preferences of
the retailers including their receptiveness to a downtown
location. The entries are concise, informative and user
friendly. A subscriber is provided with three fully-updated
editions each year which means that the listings should be timely
and correct. A random page from the Directory is attached for
your information.
I explained the program to Al Bitman, President of the Downtown
Clearwater Association and member of the DDB. He seemed excited
and eager to participate in the effort. I did not want to talk
with too many people about the project because I feared that
expectations might be heightened to unrealistic levels. Al
agreed that it would be best to launch the campaign quietly to
see if it produces positive results.
Let me describe how the Directory is divided and give you some
statistical information derived from the listings. The Directory
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is divided into seven (7) categories of "Retailers Seeking
Space". These categories are:
1. 50,000 sq ft and up
2. 20,000 to 49,999 sq ft
3. 10,000 to 19,999 sq ft
4. 5,000 to 9,999 sg ft
5. 2,500 to 4,999 sg ft
6. 1,000 to 2,499 sg ft
7. 0 to 999 sq ft
In Category 1 (50,000 + sq. ft.)
retailers listing a downtown site.
consider a downtown location.
there were 59 listings with 4
This means that only 7% would
In Category 2 (20,000 to 49,999 sq. ft.) there were 117 listings
with 12 downtown preferences or a 10% consideration factor.
In Category 3 (10,000 to 19,999 sq. ft.) there were 103 listings
with 21 downtown preferences or a 21% consideration factor.
In Category 4 (5,000 to 9,999 sq. ft.) there were 182 listings
with 33 downtown preferences or an 18% consideration factor.
In Category 5 (2,500 to 4,999 sq. ft.) there were 309 listings
with 40 downtown preferences or a 13% consideration factor.
In Category 6 (1,000 to 2,499 sq. ft.) there were 454 listings
with 97 downtown preferences or a 21% consideration factor.
In Category 7 ( 0 to 999 sq. ft.) there were 245 listings with 73
downtown preferences or a 30% consideration factor.
It should be noted that of the 1,469 total listings, some of the
individual retailer I s space demands overlap the categories and
hence are listed more than once. In addition, retailers who are
willing to consider a downtown site, also list other locational
preferences so their choice cannot be considered unequivocal.
I am including an information packet that will accompany the
letter to the retailers and a "Facts Back" sheet designed to
facilitate communication with the retailer. I believe that given
the small percentage of retailers that would consider a downtown
site, I should communicate with all despite the population and/
or demographic stipulations contained in the listing.
After a two to three week period, if I've not heard from the
retailer, I wi 11 call and talk wi th them. Those tha t responded
to the letter can be provided detailed information relevant to
specific properties available in the downtown and the appropriate
leasing agent or owner.
I am eager to launch this modest effort and gauge its success or
failure. I believe that it will be an excellent springboard for
later, more ambitious recruitment forays. I can envision a
- 2 -
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program that builds upon commission approved redevelopment
projects that give much needed impetus to downtown growth. If
. this scenario comes to pass, perhaps the Downtown Development
Board will launch a program based upon this prototype but with
some advertising dollars touting the "new" downtown Clearwater!
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RETAIL LEASE TRAC~
FLORIDA
CODED EXPL.,' N.'( T/ON
FAGILln' TYPE
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Spedall\' Strip
Neichh(lrhuod Strip
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Regional tvlu 11
Free SWlldillg
Office Buildil)!!
gegiollul Stdp'"
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Puhlbhed (J\,:
RETAIL LEASE TRAC@
Steven J. l3erchenko - Pllhli~her
COPYRIGHT 1988, JY~W. Illl)t), J99J, 1992, ll)l))
No part of thi5 publication JlW~' h~ reproduced. ~(llrcd ill \\
relrievable system. or trall~lllilled iil ~l11Y form. l.ll' by allY
means ele~lrol1k. llledwllkal. photocopying.. recording.. or
otherwise. wilhoUl prior "'rilletl per11li~~i()11 of tile publisher.
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Popu la t. ion: llHr;uOO c.:a tegory 1 Hes tau rant
Mile Radius: 5 Sq. Ft. 73,242 73,242
H. H. Income: $ 35,000 FacilitYI RH-RS-FS-OB
Cmts:SqFt.=Land Traffic Count: 35,000
Regional Rep. 813-282-3606 Fax:813-282-3499
Planned Stores 199111 15 planned stores 1995: 25
Population: 2UO,OOO category: Catalog Showroom
Hile Radiuo: 5 Sq. Ft. 50,000 - 60,000
H. H. Income: $ 35,000 FacilitYI RS-RH
Traffic Count: Unavail
615-660-3500 FaxI615-660-3934
19941 18 Planned stores 1995: 36
200,000 Cat.egory: Catalog showroom
5 Sq. Ft. 50,000"- 60,000
$ 35,000 Facility: RS-RH
Traffic Count: Unavail
vice Pres. neal Eat. 615-660-3500 FsxI615-660-3934
Planned stores 19941 18 Planned stores 1995:
categorYI Reotaurant
sq. Ft. 87,300 - 87,300
Facility: OT-FS
Traffic Count: Unavail
01/29/93
RETAIL L~^SR TRAC
RETAILERS SEEKING SPACE
ill
FLatU 01\
50,000 Sq. Ft. & Up
Page
5
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Romano's Macaroni Grill
\ Brinker International
550 North Reo, 11105
Tampa FL 33609
Mr. Gene I(ni ppers
N stores NOWI 13
Service Merchandise
\ Service Merchandise Co.
7100 Srvc. Herchandise Dr
a,:entwood TN 37027
Hr. Floyd F. Dean
N Stores Now: 359
Service Herchandise
, service Merchandise Co.
7100 Srvc. Merchandise Dr
Brentwood TN 37027
Hr. Floyd F. Dean
N Stores Now: 359
spagfietti Warehouse
, Spaghetti Warehouse
402 Interstate 30
Garland TX 75043 Cmts:SqFt=Pad Site
Hr. James Aiken President 214-2226-600
H stores Now: 27 Planned stores 1994: 10
Sportsworld U.S.A., Ltd. Population: 250,000
, Shopping Ctr. Strategy Mile Radius: 10
Hampshire Ctr.- Route 311 H. H. Income: $ 35,000
Patterson NY 12563
Mr. Arthur Bressman
H stores Now: 3
Target:
P .0 . Bo" 1392
36
Planned stores 1995: 10
CaEegory: Entertainment
sq. Ft. 50,000 - 60,000
Facility: RM-RS-SS-FS
Traffic Count: Unavail
Chairman 914-87P
Planned Str
'4:
'0 Fax:914-878-8810
l'OI'~'111GlIl'ED 19B6 by HetaH Leose Trnc Incorporllted. J\ll ril)htn rl)nClrvl'd. 110 pnrt or thLn publlcotion may be reprodtlccd or .trilnGI1'1.tted
111 :ln~' form or b)' a 11\' ml?ano1 electronIc or mechanical including photocoPllll\'l. r",,..,.,..,II,,,,. or hv ""1" lnrnr-' .4^" .'
"~'Ftpln, without pp.r:mlsQlCln 11 wrIting (r:om natall LellRf\ Trnc; TlIr.l1q1t"./ltO(
I
212-563-3650 Fax:212-967-9872
Planned Stores 1994: 10 Planned stores 1995:
Population: 200,000 category: Amusement
Mile Radiusl 5 Sq. Ft. 35,000 - 60,000
H. H. Income: $ 35,000 Facility: SS-RS-FS
Traffic Count: Unavail
908-281-0067 FaxI908-281-0277
Planned Stores 1994: 3 Planned Storea 1995: NA
Population: 12S,OOO category: Housewares
Hile Hadius: 10 Sq. Ft. 40,000 - 50,000
H. H. Incomel $ 35,000 FacilitYI RS-NS-OH
Traffic Count: Unavail
Vice Pres. Real Est.
Planned Stores
Population:
Hile Radius:
H. H. Income:
Hinnea~olis MN 55440
Ms. Ga11 Dorn 011.'. Commur
II stores Now: 508
U. S. Factory Outlets
~ U. S. Factory Outlets
7 Penn Plaza
New York NY 10001
Hr. Frederic Raiff
<< Stores Now: 21
united Skates of America
~ TKO R/E Advisory Group
P.O. Box 429
Belle Head NJ 08502
Mr. Ted Kraus President
N stores Now: 22
Waccamaw Pottery
% Waccamal.-/ Corp.
3200 Pottery Drive2
Myrtle Beach se 29577
Hr. Elwin Hiles Oir.
N Stores Now: 29
Wendy's
, Wendy's Int'l., Inc.
P.O. Box 256
Dublin OH 43017
Hr. Hike McNally Regional
II Stores Now: 3,800
~linn Dixie
P.O. Box 44110
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S ~tores 1994: 45
c-IuTafIon: '70, 000
41e Radius: 5
H. II. Income: $ 32,000
CEO
store Serviceo 803-236-4606
Planned Stores 1994:
Populationl 30,000
Hile Radiusl 5
Cmta:SqFt.=Land Size
Rep. 404-425-9778
Planned Stores 19941
100
4 Planned Stores 1995: 4
category: Discount Dept. store
Sq. Ft. 90,000 135,000
Facility: RM-RS-FS .
Traffic Count: Unavail
Planned stores 1995: NA
category: Discount Dept. Store
Sq. Ft. 25,000 - 52,000
Facility: OM-SS-NS-RS
Traffic Count: Unavail
20
6 Planned Storeo 1995: NA
Category' Fast Food
Sq. Ft. 40,000 - 50,000
FacilitYI RM-FS-RS
Traffic Count: Unavail
Planned stores 1995: 250
Category: supermarket
Sq, Ft. 35,000 - 50,000
Facility: NS
Traffic Count: Unavail
Jacksonville FL 32231-4110 CmtslNorthern FL
Mr. Logan Holz Real Estate Managar 904-695-7800
n stores Now: 1,200 Planned Stores 19941 10 Planned stores 1995:
10
CIrry
o F
C J~']~ A R W A rr E n
POST OFFICE BOX 4746
C lEA A W ATE A. F LOR IDA 3 4 6 1 8- 4 7 4 8
Economic Oevelopmsnt
March 2, 1993
Mr. stuart Bercun, C.E.O.
Maternity Retail Partners
4 Executive Campus, #102
Cherry Hill, NJ 08002
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Dear Mr. Bercun:
In response to your search for an ideal retail location, we believe
you'll find the enclosed information on downtown Clearwater,
Florida, just what you're looking for.
Clearwater basks not only in the pleasures of a tropical paradise
but in market demographics that outperform other major cities in
the regiori. For starters, Clearwater is the county seat for the
most densely populated county in Florida; 37.7% of the household
incomes within a 5 mile radius of the downtown have incomes of
$35,000 or more; and Clearwater hosts over 1 million tourists each
year who spend an average of nearly $2 million per day!
Clearwater is progressive, too. The city is currently soliciting
firms to develop pr ime downtown 5i tes. A high-end residential
rental development is proposed on 14 acres in the eastern gateway
area of the downtown. Proposals are also being requested for a
mixed-use developmeut on the downtown's "bluff", which overlooks
Clearwater Bay and the Gulf of Mexico, and is ideally situated on
the major access route to Clearwater's famous beaches, just one
mile to the west.
We encourage you to take a close look at the retail opportunities
available to you in Clearwatet. We'll be happy to assist you with
additional market information or specific space needs as required.
Please give me a call or fax your request to me using the enclosed
form.
s~ncerely,
6
Jer D. sternstein
Economic Development Director
ENC
"Fnllr11 Frnf'llnYnlpnl jlnrl ^'firrnilllve Ar.lion Emr>foy()r"
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CITY OF CLEARWATER
P.o. BOX 4748
CLEARWATER, FLORIDA 34610-4748
~TTN: JERRY BTERNSTEIN
(913) 46~-G206
FAX (913) 46~-6720
F1\CTS BACK
Retaii Space Information
Yes, please send information on available retail space in Downtown
Clearwater, Florida that matches my needs.
Name:
Company:
Address:
city, state, Zip:
Phone:
Relocation Tirneframe:
Square Footage:
Parking Needs:
Special Requirements:
Fax:
Additional market information on:
....
Oa.te:
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CITY OF CLEARWATER
Interdepartmental correspondence
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TO:
Downtown Development Board
FROM: '
Jerry sternstein, Economic Development Director
SUBJECT: Retail Lease Trac Update
DATE: April 12, 1993
Initial Packets/Lettars Sent 142
Returned/No forwarding address 2
Follow-up Calls Made 38
postive Responses 5
New Leads 3
There were only five negative responses - they listed their reasons
as "interested only in downtown mall locations,rr or "not pursuing
Florida at this time."
Of the remaining 28 calls, either we are awaiting a response (they
needed more time to review the packet) or specific dates were given
on when to call them back.
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Changing, of the Rules of Conduct.
Establishing a definitive plan for the CRA to follow and then following its plan.
Suggestions to consider:
1.
CRA establish its own Executive Director paid for by the CRA and reporting
directly to the eRA.
2. Discussing whether it is better to have the CRA Board elect the Chairman on an
annual basis vs. mimicking the structure of the City Commission.
3. Expansion of the eRA to include the resort and commercial districts of
Clearwater Beach for determining a definitive plan to redevelop Clearwater Beach
in conjunction with Downtown Clearwater.
4. Ex-officio members on CRA Board from Downtown and Beach.
.
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C144- .,; 0II: ~
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AGENCY &.ESQLllTION
No.
A RESOLUTION ADOPTING A SET OF RULES TO GUIDE THE
COMMUNITY REDEVELOPMENT AGENCY IN CONDUCTING
ITS BUSINESS AND MEETINGS.
WHEREAS, the Community Redevelopment Agency was established
by Resolution 81-68 of the City of Clearwater, pursuant to provisions of state law;
and
WHEREAS, the Community Redevelopment Agency at the present
time does not have a set of guidelines or rules to guide it in the condu.ct of business;
and
WHEREAS, the Community Redevelopment Agency desires to adopt
and implement such a set of rules or guidelines;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORlDA, IN SESSION DULY AND REGULARLY ASSEMBLED,
AS FOLLOWS:
That the Community Redevelopment Agency of Clearwater, Florida,
hereby adopts the following rules to govern it in the consideration of its' affairs and
business presented to it;
RULE 1
The membership of the Community Redevelopment Agency
shall be composed of the Mayor-Commissioner, Commissioners
of the City of Clearwater, one ex-officio representative from the
Downtown District, who shall be elected by the property owners
in that district and an Executive Director whose presence is
required at all Clearwater Redevelopment Agency meetings. A
quorum for the transaction of business by the Redevelopment
Agency shall consist of three (3) members. Presiding Officer of
the Redevelopment Agency shall be elected by the body on an
annual basis to serve for one year and who shall be known as the
Chair of the Corom uni ty Redevelopment Agency. In case of the
. '. ~.';. . . :'. ..,
Chairs absence, the Vice Mayor shall assume those
responsibilities, and if both are absent, the senior Commissioner
in years of service shall preside. The Presiding Officer shall
preserve order. The Presiding Officer may call to order any
member of the Agency who shall violate any of the rules; and,
the Presiding Officer shall decide all questions of order, subject to
a majority vote on a motion to appeal. The Chair shall recognize
all members who seek the floor under correct procedure.
Normally, members of the public shall be allowed to speak. All
questions shall be stated and put by the Presiding Officer, and the
Presiding Officer shall declare all votes.
RJJL E 2
The Community Redevelopment Agency shall hire an Executive
Director who shall establish his own staff for the management of
the Community Redevelopment Agency. The Executive Director
shall report directly to the Community Redevelopment Agency
The Executive Director shall be hired and removed by an
affirmative vote of four (4) members or by a majority of the
members voting for removal at two (2) separate meetings held at
least two (2) weeks apart.
RULE 3
The City Clerk shall serve as the clerk for the Community
Redevelopment Agency and shall provide minutes of the
proceedings of each Redevelopment Agency meeting, and shall
furnish copies of the minutes of each regularly scheduled
meeting to the Chair and to each member at least seven (7) days
prior to the next regular meeting. Such minutes shall stand
confirmed at the regular meeting of the Redevelopment Agency
without the reading thereof in open meeting unless some
inaccuracy or error be pointed out by some member of the agency
present, and in such event, an appropriate correction shall be
made. Upon request, the Executive Director will cause the City
Clerk to provide any member with transcribed excerpts of tapes of
Redevelopment Agency meetings.
RULE 4
All motions shall be made and seconded before debate. All
resolutions and contracts require three (3) affirmative votes for
passage.
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RULES
A copy of each resolution when passed shall be furnished by the
City Clerk to the heads of all City departments concerned.
RULE 6
The Community Redevelopment Agency shall meet
immediately prior to the conduct of regularly scheduled business
meetings of the City Commission and schedule work sessions
immediately prior to regularly scheduled work sessions of the
City Commission. Special meetings of the Community
Redevelopment Agency shall be called from time to time by the
Chair, Executive Director, or any two of the members. Every
effort shall be made to provide at least forty-eight (48) hours
public notice of any special meetings. Except for items advertised
for public hearings, items may be removed from the agenda and
additional items may be added. The agenda may be re-ordered.
Minutes shall be taken and distributed by the City Clerk.
~E7
The Community Redevelopment Agency shall appoint any
committees or advisory boards as may be required for successful
execution of Redevelopment Agency business.
RULE 8
According to applicable provisions of state law 1 no member shall
voluntarily or involuntarily acquire any personal interest, direct
or indirect, in any community redevelopment project, in any
property included or proposed to be included in any community
redevelopment project, or in any contract or proposed contract in
connection with any community redevelopment project. Should
any member involuntarily acquire any interest in a community
redevelopment project, that interest shall be immediately
disclosed in writing. If any member presently owns or controls or
owned or controlled within the preceding two (2) years any
interest, direct or indirect, in any property included or planned to
be included in a community redevelopment project, that interest
shall immediately be disclosed in writing, and such disclosure
shall be entered upon the minutes of the City Commission of the
City of Clearwater. Any member disclosing such interest shall
not participate in any decision of the Community
Redevelopment Agency affecting such property.
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RULE 9
The City officials whose regular attendance shall be required
during the sittings of the Redevelopment Agency shall be the
City Manager, City Clerk, and the City Attorney or their
substitutes; but all or any officers of the City shall be bound to
attend any meetings upon direction of the Executive Director or
by special request of any member to the Executive Director.
RULE 10
No citizen, except those determined to be out of order and subject
to removal by the Chief of Police, shall be excluded from any
meeting of the Redevelopment Agency whether it be regularly
scheduled or specially called.
RULE 11
Any member of the Redevelopment Agency who voted with the
prevailing side may move a reconsideration of any action of the
whole Redevelopment Agency provided that the motion be
made at the same meeting at which the action was taken. A
motion to reconsider shall be in order at any time (during the
meeting at which the action was taken) except when a motion on
some other subject is pending. No motion to reconsider shall be
made more than once on any subject or matter at the ~ame
meeting. Redevelopment Agency action may be rescinded by a
4/5 vote. The motion may be made by any member,
RULE 12
The Executive Director, City Manager, City Attorney, or any
member may agenda an item. Any citizen may request to be
agendaed, even though staff has assured petitioner that adverse
action may result. The Chair cannot depart from the prescribed
agenda but the Redevelopment Agency may do so by a 4/5 vote
or by consensus in response to a suggestion from the Chair.
RULE 13
These rules, or any of them, with the exception of provisions of
state la\\7, may be amended or temporarily suspended at any
meeting of the Redevelopment Agency by an affirmative vote of
four (4) members thereof, These rules are for the efficient and
orderly conduct of the business of the Redevelopment Agency
only, and no violation of such rules shall invalidate any action of
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the Redevelopment Agency when approved by the majority
votes.
BllLE.ll
Any member of the. Redevelopment Agency making a motion or
second shall address the Chair and await recognition before
speaking. The Chair must recognize any person who seeks the
floor while enti tied to it. The person making the motion is
entitled to the floor first for debate. No one is entitled to the floor
a second time on the same motion as long as any other member
who has not spoken on the issue desires the floor. When a
motion is made and seconded, it shall be stated by the Chairman
before any debate shall be in order. Upon presentation of agenda
items, members may ask questions and request additional
information prior to making motions. For a member to discuss a
matter while no motion is pending requires permission from the
Redevelopment Agency. Motions and any amendments can be
withdrawn or modified by the maker at any time prior to the
Chair stating the question on the motion; after that time, the
permission of the Redevelopment Agency majority must be
obtained. The Chair cannot close debate as long as any member
who has not exhausted his right to debate desires the floor except
by an affirmative vote of four (4) members. A tie vote shall
constitute a continuance to the next regularly scheduled meeting.
RULE 15
The following motions are not debatable:
To adjourn
To lay on the table
To take from the table
For the previous question
RULE 19
Individuals speaking on non-agenda items shall be limited to
. five minutes,
RULE 17
All material prepared by the Executive Director for the
Redevelopment Agency shall be provided to the press and to the
public via a special box in the City Clerk's office. Reports shall be
made available in the Clerk's office. Reports shall be made
available in the Clerk's office for the public to check out and
study at leisure.
RULE 18
All mail to the Agency Chair and members arriving at City I-Iall
received pursuant to law or in connection with the transaction of
official business by the City of Clearwater shall be copied
immediately and provided to other members and to the press
with the following exceptions:
(a) Mail from governmental agencies, addressed to the
Chair clearly intended for the Chief Administrative Officer
and the Redevelopment Agency which requires
administrative action or staff action, will be delivered to
the Executive Director with informational copy to the
Chair and copies to board members.
(b) Anonymous letters will not be distributed.
(c) Publications and lengthy agenda materials for other
boards upon which the members serve will not be copied.
Only the agendas will be circulated. Items of considerable
length (such as petitions) will not be copied, but instead a
memo will be distributed announcing the availability of
the item in the office.
(d) Mail with the words similar to "Personal",
"Confidential", or "For the Addressee Only" will be
delivered unopened to the addressee.
(e) The Chairman and members receiving individually
addressed mail will be responsible for replying, asking the
Executive Director or City Attorney to reply, or placing the
matter on the agenda for formal Redevelopment Agency
consideration.
(f) The Executive Director will be responsible for seeing
the mail addressed to the Chair and other members is
properly answered or placed on the agenda.
(g) Except as provided herein, or as Inay be required by
Florida law or the City Charter, the rules of the Clearwater
Redevelopment Agency for the conduct of its business
shall be as provided in the most recent edition of Robert's
Rules of Order.
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PASSES AND ADOPTED this
1983.
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of
A.D.
Mayor-Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
\J\l\, B.
memorandum
,.
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DATE:
TO;
COPY:
FROM:
SUBJECf:
April 12, 1993
. Mayor and Commissioners
City Manager, City Clerk
Art Deegan, Commissioner
CRAMeeting,4/19/93
------------------------------------------------------------------------
~;
Having served one year now as a trustee of the CRA, 1 would like to nlake the
following observations and recommendations for your consideration and
discussion at the meeting scheduled for April 19.
Observations
It is my considered opinion that as a group we have not really governed/
managed the CRA with the proper amount of attention it deserves. I come to
this conclusion based on these points:
1) Meetings are much too sporadic, as opposed to the frequency
originally envisioned at the time of the creation of the eRA
2) We have no long term Business Plan for the eRA (financial or
othenvise) - though we do now have an updated downtown development
plan without any specific strategies to achieve the staled measurable
indicators of success
3) We have for all intents and purposes a part time Executive Director,
in that Mr. Wright's principal job is attending to his duties as City
Manager
4) We have had practically no direct comnlunication with the principal
staff person supposed to be working OIl CRA activities, i.e., Mr.
Sternstein
· 1 am still waiting to see how his "Future Job Goals" was t
translated into an "acceptable employee evaluation J'ornlat" per
Mike's memo to nle 7/29/92
5) We have left the marketing and eCOllomic analysis elements of tIle
down town core to an in depen den l body, tlle DDB
6) We have not made any inlprovement in a (if not the) major
component of downtown revitalizatioll, namely, retailing
7) We are slow in correcting a nJajor deterrent to revitaliz,ltion, i.e.,
street layout and traffic flow
8) We have not had a report on directions given to try to find a multiple
use developer for the Bilgore property
eRA memo 4/12/93
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9) We have not seen the elM budget prepared and publicized as the city
budget is; nor quarterly financial statements and report on objectives
(both ideas approved by us in 1992)
10) We are awaiting answers to questions raised previously (cf n1inutes
of 7/7/:)2)
. which incentives can we pay through the CRA?'
. can the CRA renovate or remodel buildings if it does not' own
th em? . . . . ,) t ' '
. what wIll the CRA be dOIng now? -~. .' . I, " 'I)'r., \JJ" r'
. inventory of vacant space supposed to be available in Nov. '92/')
11) We have not received/reviewed the annual report supposed to be
submitted to the Auditor General prior to March 31 each year [per FS
163.356(3)(c)J
12) We have not received/reviewed an independent financial audit of
the trust fund [per FS 163.387(8)]
Recommendations
/
.~ '
{ "
1) Return to the original in ten t by having regular meetings of the CRA prior - ,,-
to each meeting of the Commission, so we can more closely monitor some of
what follows here
,"
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2) Hire a full time eRA Executive Director reporting directly to the trustees of
the CRA
3) Cancel funding for the Office of Economic Development to provide funds for-
item 2)
4) Redefine the role of the DDB to act as a Business Development Con1mittee of.
the eRA while maintaining its independent status
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5) Request the DDB to hire a !\1arketing Director to be responsible for
retention and recruitment and to take day-to-day direction fronl the Executive
Director of the CRA
6) Continue accounting support for the CRA fronl City staff, but reimburse the
General Fund for this
7) Investigate the use of a Small Business Incubator to prolTide consulting
services to both present and prospective businesses. (Perhaps it could find
housing from t1le private sector, a la TWIC.)
8) Make a formal request lD the State to return Cleveland Street to the City, and,
begin planning to redesign Cleveland Street to permit on street parking c""
9) Create a public-private partnership (perhaps a ComlTIunily Development
Co~orntion): (
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· invite a banking consortium to set up a revolving fund to provide
working capital for small businesses
· apply for a Planning Grant from the State
· enact ordinances to pennit incentives without power to offer; e.g., 'I
occupational license fee abatement, property tax abatement, utility tax '
abatement)
· request utilities to provide incentives within their power, e.g., deposit
abatemen t
eRA memo 4/12/93
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3
eRA- Y/IQ/13
BELLEAIR COLONY PROPERTY INC.
(813) 447-9591
A PRESTIGIOUS OFFICE AND PROFESSIONAL CENTER THAT HAS
NEW SPACE AVAILABLE FOR BUILD-OUT TO MEET YOUR NEEDS
LOCATION:
1465 South Fort Harrison. Clearwater, Florida, across the Street from the Belleair Country Club and less than a mile
south of Downtown Clearwater. Close to Morton Plant Hospital.
PARKING:
Large parking lot with over 100 parking spaces. Ample handicapped parking is available.
TRAFFIC COUNT:
The Clearwater Street Department reports an average of 26.929 cars per day.
AGE OF BUILDING:
The building was built approximately 3 1/2 years ago. Suites will be built out to tenant's specifications. Design your
own suite!
DESIGN OF BUILDING:
Belleair Colony Property is a beautiful colonial style two story building, wedgewood blue. trimmed in white.
ELEVATOR:
A handicapped accessible elevator maintained by Otis Elevator Company. services the second floor of the building.
CURRENT TENANTS:
SouthTrust Bank, Travel Agency, Medical and Legal Offices, Insurance Office, Beauty Shop, Restaurant, and others.
LEASING INFOmIATION:
D. A. Culbertson, 1982 Promenade Way, Clearwater, FL 34620. (813) 447-9591.
:f
l\ffiMORANDUM
eM
TO:
COPIES:
Mayor and City Commission
Michael Wrigh~ Manager
Jerry Stemstein, Economic Development Director
Cyndie Goudeau, City Clerk
FROM:
SUBJECT:
Background for April 19, 1933 eRA Meeting
DATE:
April 14, 1993
Commissioner Deegan's April 12, 1993, memorandum provides an excellent outline for the
Community Redevelopment Agency members to follow in determining the future of the CRA.
To assist you, I've asked Economic Development Director Jerry Stemstein to prepare some
background information along with some additional reports that you might find useful.
At the time then City Manager Ron Rabun proposed the Economic Development Office, it
reported to an Assistant Manager, who devoted a great deal of his time to the office. As time
has. gone by, the number of Assistant City Manager's has decreased from three to two and the
number of department heads reporting directly to the City ~Ianager has significantly increased.
While Economic Development Director Jerry Stemstein works well without close supervision
and has more than accomplished every task I've asked him to perform, r do not have near the
time to devote to economic development issues that I had as an Assistant City Manager. After
a thorough examination of all the issues, including lengthy discussions with Mr. Sternstein, I
support the concept of the Executive Director reporting directly to the CRA.
I would suggest an orderly transition period that would coincide with the beginning of the next
fiscal year. That would allow the eRA time to determine its future goals, allow for the hiring
of an appropriate individual and to wrap up any outstanding projects, not the least of which is
the Maas Brothers Request for Proposals/Qualifications.
Please advise if I can provide additional information.
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MEMORANDUM
TO: Michael J. Wright, City Manager
FROM: Jerry D. Sternstein, Economic Development Director ~
SUBJECT: CRA Meeting of April 19, 1993
Memorandum dated April 12, 1993 from Arthur Deegan
DATE: April 13, 1993
I appreciate the opportunity to respond to Commissioner Deegan's
memorandum. Indeed, there is much to contemplate and many worthy
ideas to examine. The impl ications inheren t in implementing the
suggestions can have far reaching effects and should be carefully
examined and debated. I will touch on eech of Commissioner
Deegan's comments in his order of presentation but first I think
some policy background needs to be restated to give proper
perspective to the situation.
In preparation for the October 19, 1992, meeting of the CRA, I
submitted a memorandum which was dated October 15, 1992. The
document was titled "Post RFQ Status/Economic Development." Its
purpose was to familiarize Commissioner Deegan, then a newly
elected City Commissioner, with information as to the formation
of the Depar tmen t of Economic Developmen t , the CRA/DDE
Cooperative Agreement, the Department's work program and the
extensive interaction that took place between the fledging
Department and the eRA and DDB Commissioners. Naturally, it was
also hoped that the document would rekindle the "policy memories"
of those Commissioners who were present throughout the period but
might have forgotten some occurrences.
The Exhibi ts included as a part of the memorandum are
particularly illuminating. Exhibit 1 was a reprint of a July 3,
1988 editorial from the St. Petersburg Times. This incisive
editorial, writted a year prior to my arrival in Clearwater, gave
the rationale for. the creation and administrative placement of
the Department of Economic Development.
Exhibit 2 is a memorandum dated June 7, 1989. This qave a
comparative analysis of the DOE and the CRA. Exhibit 3 must be
considered a companion memorandum because it sets forth a
coopera ti ve rela tions hi p between the CRA and the DDB. Both
documents were written by Michael J. Wright who was then an
Assis tan t Ci ty Manager. They were addressed to the Mayor and
City Commission. Again, I can find nothing in the files to
indicate that the City Commission objected to the new
relationship then being forged.
Exhibit 4 was the first Work Program that I proposed to the City
- 1 -
Manager and the CRA. 'l'his was a comprehensive document that
invited comment. The Narrative To The Work Program which
accompa~ied the submission was filled with thoughts and concepts
relevant to the difficult task of attracting retail to a
downtown. Those who read the material would find the following
scenario articulated: Once our market studies have been
completed and land assemblage accomplished, we need to contact
retail developers directly and interest them in "doing a
downtown" deal. The idea of using a public/private development
as a catalyst to stimulate not only retail interest in the
downtown but other uses as well was formally broached here but
was the subject of many conversations with City/CRA Commissioners
almost. from day one of my arrival. During my interview visit,
Michael Wright arranged for me to informally meet with the
individual City Commissioners at a social function. ~lithout
regard to how it might affect my chances of employment, I told
each Commissioner that I felt the bayfront was the most viable
development prospect in the downtown and the Ci ty ought to play
to its strengths. Commissioner Regulski and Mayor Garvey were
amused and cautioned me that this was, in the words of the song,
"The Impossible Dream". Commissioner ~1inner privately agreed but
told me that it would be devisive and wouldn't fly. To a
Commissioner, all seemed enthusiastic about doing a deal on the
Annex site. I was told to do this first, accustom the citizens
to developers and then try the bayfront idea.
Soon after my arrival, I structured a RFP for the retention of an
advertising agency. Some weeks later, the CRA and DDS meet in
open session and selected an agency. At no time was the work of
the agency to be narrowly focused on retail recruitment.
Instead, they were to produce promotional materials and help
define an image for the downtown. Their accomplishments are
detailed in my memorandum dated May 18, 1992 titled Mid Year
Review. Everything the agency produced wa s approved by the DDB
meetinq in public session with ex-officio members of the eRA
present. The public records will reflect the strategy which was
to build the image, develop a reliable developers list, promote
the Annex site as a City Hall mixed use public private venture.
This was to be the catalyst project.
,
While the DDB was directing the efforts of the advertising
agency, the eRA was moving forward wi th a Market Assessment of
the downtown. This ..,ark done by Hunter Interest.s, Inc. was
designed to determine the viability of the downtown, particularly
the Annex site, for public/private development. The CRA was given
the results of the Hunter Assessment in late November, 1990. On
December 10, 1990, the CRA met to determine if they should amend
Hunter's initial work program to include conceptual planning work
and fiscal/financial analyses. At that time I Mr. Hunter gave a
presentation to the eRA Commissioners. A transcript of his
remarks and those of individual Commissioners was included as
Exhibi t 5. The implications of Hunter's commen ts were
unmistakable and unambiguous. Apparently, the Commissioners were
persuaded since they approved the expenditure of funds.
- 2 -
In order to make certain that the CRA Commissioners fully
understood the implications of public/private ventures, Mr.
Hunter arranged a trip to Phoenix Arizona. This visit which took
place in April 1991, was considered an official Commission
meeting complete with the City Clerk to record the events and
with the Chairperson of the DDB representinq that body. A
reporter from the St. Petersburgh Times accompanied the party and
reported on the reactions. Not one Commissioner blanched when
told of the $200 million cost of the initial phase of Arizona
Center and the millions provided by the City of Phoenix for tax
waivers, street vacations and tax exempt financing. Most
certainly, the Commissioners knew that there would be public
monies involved in any downtown venture! Both the City Manager,
Michael Wright and I accompanied the Commissioners and it is fair
to say that we felt the visit was worthwhile because it prepared
the group to begin the Annex site project.
This optimism seemed justified when on June 6, 1991, the
Clearwater City Commission voted to provide funds for the City to
acquire land for a combined City Hall and upscale retail
development. Commissioner Regulski made the motion to approve
the appropriation of $2.3 million in unreserved, retained
earnings of the parking fund to the special development fund as
undesignated fund balance and the subsequent appropriation of
$3.5 million to undesignated fund balance of the special
development fund to Project 315-4413 to be used for land
acquisition. The motion was seconded and carried unanimously.
It was from this point of great exhilaration that the unraveling
began. Despite assurances to the downtown retailers that a
project on the Annex site would be good for them because it would
focus retail/development attention on the downtown. they began to
voice opposi tion. They took ref uge in the old concept tha t if
parkinq was restored to Cleveland Street. it wouln become a
retail mecca. There is no doubt that parking in proximity to
places of business is an asse t bu tit is also \'Jell proven tha t
people need to be drawn to a destination by some retail, office,
entertainment or qervice activity. If on-street parking were the
answer, then Cen t'ral Avenue in down town St. Petersburg \vould be
bustling.
Beach interests waived the spectre of "their" parking funds being
diverted to help the downtown. People sympathetic to that view
attacked the Al1nex project as unfeasible (despite the Hunter
Report) and doomed to failure. The press centered their attention
on the process of land assembly an in so doing helped escalate
prices to the point where the City could not complete its
original acquisition plans.
When the RFQ for the East End Project (Annex site) went to the
development community last April. it was but a shadow of its
former conceptual self. Originally conceived as a forty acre
assembly of City-owned land, barely 25 acres was under City
- 3 -
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ownership. The idea of placing a new City Hall on that site was
abandoned and the City Commission/CRA insisted upon stipulating
that they receive "fair market value" for their land and would
not consider any subsidy for the project. This did not prove to
be a tempting prospect to attract an increasingly discriminating
development community.
This could have been turned into another opportunity. MAS
Properties of Columbus, Ohio, a major investor in downtown
Clearwater, was a respondent to the April, 1992 RFQ. They were
ready to undertake a residential project on the Annex site. Both
they and the City staff spent months analyzing the proposal and
researching its feasibility. The downtown interests were
comfortable with the proposal because it would bring residents to
the area. Now, the City Commission has gone full circle and is
entertaining the idea of rehabilitating the Annex building for
use as a City edministrative building. This could have been done
as initially planned in 1990-91 with private support and used to
generate retail uses adjacent to the site.
One of the recurring themes that runs throughout my many
memoranda and work papers is that any city that wishes to be
successful in redeveloping its downtown must determine what .it
wants. What can realistically be achieved; the roles the city is
prepared to play in order to attain its goals and the resources
to be committed to implement these goals. I feel that City staff
has carried out its tasks in conformance with the changing policy
parameters of the Commission.
Now, to the observations and recommendations
Commissioner Deegan's April 12th memorandum~
raised
in
Observations
1. Meetings are too sporadic. When I arrived on the scene,
I questioned the City Manager about the frequency of CRA
meetings. I was told that the CRA met only when there was
specific information to be exchanged and action taken. r
was told to communicate with the Commissioners through the
. .
Cl ty Manager..
2. Absence of any long term business plan for the CRA. For
over a year, the City Commission has been reviewing a plan
for the downtown. There have been several revisions of that
plan to make it more compatible with the desired policy
initiatives of the Commission. I assume the Commmission
will approve the plan when they are satisfied with the
measures of success and other facets of the document
3. Part time executive director. While it is true that the
City Manager does not devote his entire working day to the
affairs of the CRA, I generally do. I like to think that I
am an experienced public executive bringing several years of
redevelopment expertise to my job. I do not require a high
- 4 -
,
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degree of supervision and I pride myself on carrying out my
assignments with creativity and initiative in a timely
manner.
4. No direct communication with CRA staff. I have followed
through with every assignment given me at the October 18,
1992, CRA meeting in addition to completing other work as
assigned by the City Manager. My work was forwarded to the
CRA Commissioners.
5. Marketing and economic analysis left to the DDB. As for
marketing, this is essentially t.rue and it is done in con-
formance with the Cooperative Agreement of June 7, 1989.
1 am not quite certain as to the meaning of the term
"economic analysis". I am continually involved in reviewing
statistics and analytical material relevant to downtown
Clearwater as well as other communities.
6. No improvement in downtown retail. As I stat.ed earlier
in this paper, the original scenario called for a catalyst
project to encourage retail as well as other developments
in the downtown. I assumed through my work program, papers,
market assessments and trips with the Commission that they
had accepted this idea. When I thought the residential
project at the East End was viable, I initiated a ret.ail
recruitment program. The details of this modest effort are
covered in my February 12, 1993 memorandum to the City
Manager. I asked that he forward this information to the
eRA.
7. Street layout and traffic flow. It was my understanding
that nothing could be done with Cleveland Street until
a state study was completed. However, the City Commission
had an opportunity to put parkinq back on Cleveland some two
years ago and after heated debate declined to do so.
8. Multiple use development for Bilgore site. I placed
several advertisements in an effort to sell or generate
interest in Ghis property, to no avail. Its location does
not crea te too much developer appeal. . I f the CRA were
willing to drastically reduce the price and/or mitigate
the impact fees for this site, the story might be different.
9. eRA budget preparation and quar terly financial s tate-
ments. I must defer to the City Manager since I only
provide t.he Department of Economic Development's budget.
10. Incentives, inventory, etc. I too would like clarifica-
tion relevant to incentives. I formally raised the question
in a brief discussion of Future Job Goals dated July, 1990.
In December, 1990, I sent the City Manager a paper on
Dealmaking, which was essentially a compendium of selected
incen~ives. In various other documents, I argued for local
incentives but I received no encouragement from the City
- 5 -
Manager and from individual Commissioners. At the eRA
meeting held O~ October 19, 1992, Commissioners talked at
length about incentives but reached no decision on
the subject. I agree, it is time for the Commissioners to
define the role they feel incentives should play, which
incentives they will consider and under what circumstances.
Observations 11 and 12 pertain to activities that are not
my direct responsibility.
The following comments
Recommendations.
pertain
to
Commmissioner
Deegan's
1. Have regular meetings of the CRA.
This seems reasonable.
2. Hire a full time CRA Executive Director reporting
directly to the CRA. This idea was discussed at the
October 19, 1992 meeting of the CRA. Although the
Commissioners rejected the concept, I was privately some-
what enthuiastic about the idea. Commmissioner Deegan
suggested that my duties as Economic Development Director
would be expanded to encompass the entire City while the
Executive Director oE the eRA would concentrate exclusively
on the downtown. Knowing full-well the difficulties
inherent in dealing with downtowns, I felt that the expanded
responsibilities that would accrue to me would be profession-
ally challenging. The thought of being able to work with
the more viable sectors of Clearwater was and is intriguing.
All in all, the idea seemed to be a fair reward for my
loyalty and professionalism over the past several years. If
the CRA does decide to retain exclusive professional help, I
feel it is imperiative that the CRA decide what it wants to
do (its mission) and how it plans to accomplish that
mission. Again, in my familiar refrain, the eRA
needs to determine what it wants, what can realistically be
achieved, the roles it is prepared to play in order to
attain the goals and the resources to be cooonitted to
implement the goals. If this isn't done, no matter what
administrati~e arrangement is selected, the outcome will be
a waste of public resources and failure.
3. This item is covered in the discussion of number 2 above.
4. Redefine the Role of the DDB. Since the City Commission
is currently involved in bringing an end to the DDB, this
item has no frame of reference.
5. See comments in number 4 above.
6. See comments in number 3 above.
7. Small Business Incubator. I am unclear as to the
intent of this recommendation. The Small Business
Administration provides consulting services for small
- 6 -
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businesses as does SCORE, the Service Corps of Retired
Executives. If the intent is to create a physical
incubator, then some serious City resources will be
required. I have some very good research on retail
incubators and, if requested, I would be happy to share.
8. Cleveland Street Parking.
cannot be brought forth until
has been completed.
I believe that this issue
the current state study
9. Good, constructive recommendations. I hope that
my recent memorandum on liThe Three C's" was helpful.
- 7 -
Memorandum
FROM:
Michael J. Wright, City Manager
Jerry D. Sternstein, Economic Development Director ~
TO:
SUBJECT: Research Report/COOs, CDCs, Bank CDCs
DATE:
March 7, 1993
As a result of questions raised at a CRA meeting, I initiated
research in to wha t migh t be termed, the "three Cs". These
economic development programs are Community Development Districts
(CDDs), Community Development Corporations (CDCs), and Bank
Community Development Corpora tions (BeDCs). While the three Cs
sound identical, in use, they are distinct economic development
tools.
The Community Development District is a local unit of special
purpose government with a five member elected Board of
Supervisors created to provide a method for financing and
managing the construction, operation and maintenanace of some or
all of the capital infrastructure and basic community development
serVlces necessary to accommodate projected growth without
overburdening state, county or municipal governmental units.
The funds required to initiate infrastructure improvements for
roads, sewers, bridges, parks, etc. are raised by selling tax
free bonds, usually 20 year issues, which are then retired by the
revenue generated from the assessments and taxes levied on
district property owners. These assessments and/or taxes run the
gamut from ad valorem, benefit and maintenance and special
assessment taxes as well as selected fees and charges.
CDDs have become increasingly important, particularly to
residential/real .estate developers who seek ways to start or
con tinue new pro j'ects when credi t from other sources is ei ther
unavailable or extremely difficult to obtain. CDDs also provide
a way for developers to comply with Florida's growth management
laws which require that roads and other improvements be funded
before the first lot can be sold.
Community Development Corporations are state chartered non-
profit corporations with an elected Board of Directors. These
corporations are structured to conform to various state criteria
and, once chartered, are eligible to apply for grants and/or
loans. Grants may be allocated to CDCs for up to $100,000 for
administrative support. Funding is based on a competitive grant
application process. Loans may be made to CDCs for specific
projects and revenue generating ventures for up to $250,000.
- 1 -
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Loans may be made to
Guaranty Loan Program
are required to match
two dollars of private
new or expanding businesses through the
or the Direct Loa~ Program. Direct loans
every dollar of state allocated funds with
funds.
To become operationally eligible under State statutes, a CDC must
first be recognized as a non-profit corporation which entails
securing membership support from those who live within the
service area by virtue of democratic elections for a governing
Board of Directors. The II target area II in which economic
development projects are located must meet one or more of the
following criteria:
- a slum area or a blighted area
- a neighborhood strategy area of a community development
block grant program
- a neighborhood housing service district
- an area designated as a conservation community
- an enterprise zone
Finally, documentation must be provided to confirm that the
target area to be assisted is the same as the service area or an
area contained within the boundaries of the service area in which
the CDC operates.
Bank CDCs are organizations funded by banks, bank holding
companies and/or federal savings associations under special
regulations that encourage investments in local community and
economic development projects. Bank COCs are proving to be
flexible private sector sources of funding and are being used to
finance many different types of local projects. Bank CDCs have
been promoted by the federal Economic Development Administration
and can be part of a bank's activities under the Community
Reinvestment Act.
Historically, bank regulators wanted banks to participate in
local community development activities but banking laws and
regulations limited some banks' investment portfolios. The Bank
CDC program offer~ banks more flexibility to make certain types
of investments. Bank investments under this program are special
in that:
- Bank CDCs can make equity investments in real estate or
small businesses,
- Bank CDC investments are viewed differently than regular
bank loans by bank regulators and examiners, and
- Bank CDC programs are considered favorably for Community
Reinvestment Act activities.
Bank CDCs may take diverse organizational forms. They may be for-
prof it or non-prof it. 'l'hey may be owned by a single bank, a
group of banks, or by banks and other investors such as savings
associations, utilities and corporations. As entities, they are
creations of and regulated by federal and state bank regulators,
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and any investment 1n a Bank CDC m~st be reviewed and approved by
each institution's bank regulator. These regulatory bodies are:
- The Federal Reserve Board which regulates bank holding
company investments in Bank CDCs,
- The Office of the Comptroller of the Currency which
regulates national bank investments in Bank CDCs.
- The Office of Thrift Supervision which regulates
investments in Bank CDCs by savings associations, and
State Banking Regulatory agencies which oversee invest-
ments in Bank CDCs by state banks.
Investment strategies of Bank CDCs fall into several "niches".
The most frequent is capital to fill the small business equity
gap between conventional bank loans to small businesses and
investments by venture capitalists. Typically, banks take little
risk and earn a low return of 1 to 2 percent over prime while
venture capitalists take greater risks and target a return of 40
to 50 p~rcent on invested capital. Bank CDCs can be effective in
hellping to fill this financing gap. For example, a typical
client might be a small, local firm that needs capital to take
advantage of a growth opportunity, but isn't bankable because it
is too highly leveraged and has insufficient collateral. The
Bank CDC might decide to make an unsecured loan at 12 percent per
year wi th s tack options designed to produce an addi tional 8
percent per year if the business fares well. This results in a
target of 20 percent return on capital. The Bank CDC takes more
risk, and conversely expects more reward.
Another Bank CDC niche lS equity investments ~n property
development. This includes equity investments in downtown
commercial development projects, investments in speculative (no
pre-leasing) industrial buildings, and investments in small
business incubator buildings.
Yet another niche is in minority business development. Some Bank
CDCs concentrate on making "micro loans" ($5k to $50k) and
"equi ty gap guarantees" for minority businesses in targeted
areas. Such loans: telp to make some deals bankable and, over the
long term, stimula"te the creation of new business.
The most significant difference between regular bank loans and
Bank CDCs is that the CDCs can make equity investments. Simply
stated, an equity investment by a Bank CDC is a way to defer the
short-term, relatively certain return of a bank loan for the
expectation of a larger but less certain return in the long term.
Sponsoring
involvement.
banks can derive certain
These benefits include:
benefits
from
their
CDC
- direct return on investment
- tax credits or other tax advantages
- enhancement of regular bank loan or deposit business
resulting from the bank's involvement with CDC projects
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- indirect benefits from local area growth
- positive image,. publicity and community relations
It is too early to predict the long term viability of Bank CDCs.
At this stage, some critics characterize them as token gestures
by banks to comply with the current interest in the Community
Reinvestmen~ Act. If the investment niches yield high losses or
are only marginally successful, sponsoring financial institutions
might abandon the concept.
Detailed information relevant to the three Cs is included as
exhibits to this report.
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EXHIBIT A
r ~{:? r;:~7n_V':r~;r
lruC~.Jj'-lQJ
TOE COMMUNITY DEVELOPMENT DISTRICT:
A VEHICLE FOR FINANCING ~D
MANAGING INFnnSTRUCTURE DEVELOPMENT
IN FLORIDA
Greenberg, Traurig, Roffman,
Lipoff, Rosen , Quente~, P.A.
Miami, F~oriaa
..
...
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I.
II.
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TABLE OF CONTENTS
..
Paqe
WHAT IS A COHMUNITY DEVELOPHENT DISTRICT?.. .....
BENEFITS OF A COl~tUNITY DEVELOPMENT DISTRICT.....
1
2"
II~. SPECIAL POWERS OF A C01~~UNITY DEVELOPMENT
IV.
DISTRICT.. . . . 4'!. . . ... . . .. . ... . .. . . .. . ... . . .. . .. . . 5
TAX-EXEMPT FINANCING; CONVENTIONAL FINANCING.....
9
V. ESTl\BLISHMENT OF 1\ COl-iHUNI TY DEVELOPMENT
VI.
,
.
"
DISTRICT. . . . . . . . . . . . . . . . . . . . " . . . . . . , . . . . ,. . . . · . . 12
HOW A COMMUNITY DEVELOPMENT DISTRICT OPERATES....
15
THIS MEMORANDUM IS PREPARED AS AN INTRODUCTION
FOR INTERESTED READERS AND IS NOT INTENDED TO
BE A COMPREHENSIVE PRESENTATION OF LEGAL OR TAX
MATTERS RELATED TO COHMUNITY DEVELOPMENT DIS-
TRICTS
.
.
...
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THE COMMUNITY DEVELOPMENT' DISTRICT:
n VEHICLE FOR FINANCING AND MANAGING
INFRASTRUCTURE DEVELOPMENT IN FLORIDA
.,
I. ~lHJ\T IS 1\ COHMUNITY DEVELOPHENT DISTRICT?
A. Enablinq ^uthority. A-community development district
("COD") is a loc"l unit of special-purpose government
created and organized under the UniEorm Community
Development District Act of 1980, Chapter 190, Florida
statutes, as amended (the "Act"). ^ COO is subject to the
provisions of the Act and general law with respect to its
creation, powers, accountability, disclosure requirements,
governance, and termination. See How a Community
Development District Operates, at VI, below.
B. Generally. ^ COD is established after public
hear ings, is governed by an independent body established
under the Act and is authorized to perform certain special-
ized functions. See Special Powers of a Community Develop-
menl: District, at III, and Establishment of a Community
Development District, at V, below.
C.. Local Public En ti ty Eor Financing and Hanaging Capi t.al
Infrastructute and Services. ^ coo provides a method for
financing and managing the construction, operation and
maintenance of some or all of the capital infrastructure and
basic communi ty development se rv ices necessary to se rvice
projected growth without overburdening other governmental
units (state, county or municipal) and their taxpayers. A
COO provides a mechanism whereby new growth within the Cot
pays for itself. See Benefits oE a Community Development:.
District, at II, below Clnd Special Powers of a Community
Development District, at III, below.
o. Bond Financinq. ^ CDO provides a source of Einancing
to build public infrastructures at a potential~y lower
cost. See Tax-Exempt Financing; Conventional Financing, at
IV, below. .
E. Perpetual Public Ownership. l\ COD also provides a
potentially perpetual public entity to own, operate and
maintain the public infrast~uctures once they are buill:. and
the developer is gone. See How a Communi ty Development
District Operates, at VI, below.
. .
-II. BENEFITS OF A COMMUNITY DEVELOPMENT DISTRICT.
A. 8enefits to the Landowner/Developer:
· ^ COO gives the landowner/developer an efficient
financing mechanism by which (i) to use less expensive
front-end capital to finance the insta~~ation of
infrastructure and to assure the delivery oE basic
communi ty services and (ii) to more economically pay
for the operation and maintenance of infrastructure
and services.
· During the early years of a COD, the landowner/devel-
oper generally controls the governing body of the COO,
giving the landowner/developer an effective management
entity to plan and implement the proposed development.
B. Benefits and SaEeguurds to the Local General-Purpose
Government.
· 1\ CDO assures the local general-purpose government
(the county or municipality within which the COD is
located) that new growth will pay for itself with
respect to capital infrastructure and-the delivery of
certain basic services.
· A COO performs management and financing functions for
large scale community development, but cannot ~unction
other than as authorized to implement the planning and
regulatory parameters approved by local governments.
· While a COO is an independent special district within
a county or municipality and is endowed with certain
powers which are necessary for the effective construe'
ticn, operation and maintenance of capital infrastruc-
ture and services, the Act is selective in the powers
granted to a COD. Certain types of powers may not be
exercised by a COD. ^ll governmental planning,
environmental, and land development laws, regulations,
and ordinances apply to all development: of ,the land
within a CDD.
.
COOlS do not have the power of a local government to
adopt a comprehensive plan, bui l.ding code, or land
development code, as those terms are defined in the
Local Government Comprehensive Planning and Land
Development Regulation Act. The creation of a COD is
not a development order under state law and a CDO can
take no action which is inconsistent with applicable
comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government.
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.. The county or municipalit.y is assured of having an
identifiable public entity which is legally mandated
to implement its development parameters throughout
full build-out of the development.
.. The Act provides that no debt or obligation oE a coo
will constitute a debt: or obligation of the local
county or municipality without its consent.
Unless taken over by the county or municipality or
otherwise terminated as provided in the Act, a COO
will continue in existence in order to operate and
maintain the capital infrastructure and manage the
delivery of basic services within its borders.
.
.
The Act guards against the proliferation, duplication
and fragmentation of municipal or county services by
providing mechanisms for terminat.ion, annexation or
transfer of all 'or part oE the COD services to the
affected county or municipality.
...
· The Act requires submission by a COO of various fis-
cal, budgetary and management reports, ensuring that
an affected county or municipality will be fully
informed about the activities of the COD.
· The Act requires that a COD must exercise all of its
powers consistent with applicable due process, disclo-
sure, accountabili ty, ethics, and gover nment-in-l:he-
sunshine requirements which apply to governmental
entities and to their elected and appointed officials.
c. Benefits to Taxpayers and to CDO Residents.
· If a coo is established, existing county and municipal
taxpayers do not have to pay Ear new growth within the
COD or for the subsequent build-out: of the private
development.
· Residents within a COD are assured oE long-range
planned infrastructure designed to handle f~ture.grow- r.
th of the development.
. .
Residents within a CDO will usually experience lower
unit assessment costs for capital infrastructure and
the delivery of certain basic services due to lower
financing costs associated with tax-exempt bond Einan-
cing and potentially lower administrative costs as a
result of localized, single purpose management. c'
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. Residents within a CDD are assured that all develop-
ment conditions of the state and of the local general-
purpose government will be followed and that the
i nfras t ructure will be opera ted, maintained and ser-
viced after the original developer is gone.
. Residents within a COD receive the benefits of the
full disclosure and notice requirements of the Act,
providing the opportunity to participate in coo pro-
ceedings and influence the operation, maintenance and
delivery of the services for which the COO is respon-
sible.
D. Benefits to .State of Florida and to Regional Agencies.
. A COO enhances and reinforces comprehensive planning
both during the initial application phases and imple-
mentation and enforcement phases.
. The Act constitutes the sole authorization for the -'0 I
future establishment of independent CDOs which have
any of the specialized functions and powers authorized
therein, thus providing the opportunity to halt the
use and proliferation of independent districts in land
development without: consistent legal guidelines and .
policy di recti ves to pro tee t: the gene r al welfar e of .--'
the resIdents of the state. .
. A COO assures that large-scale d.evelopment of regional
impact with a long .build-out period will be managed
and operated with all regulatory and governmental
planning requirements timely met. .
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III. SPECIAL POvlERS OF T\ COMMUNITY DEVELOPMENT DISTRICT.
A. General. In order to allow a CDD to effectively
finance and manage the major capital infrastructure of a
development and to deliver basic community development ser-
vices, the Act vests CODs with certain special powers. To
econol~ically effectuate such powers a CDO may engage in
certain types of tax-exempt bond financing (see Tax-Exempt
Financing; Conventional Financing, at IV, below).
B. Special Powers with Regard to Basic Infrastruc-
tur.e. Subject to the regulatory jurisdiction and permitting
authority of all applicable governmental bodies, agencies
and special districts having authority with respect. to any
area included therein, a COO may plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip" operate
and maintain the following basic infrastructure: .
. water management and control;
. water supply;
" sewer and wastewater management;
. bridges and culverts;
. district: roads; and
. street lights.
c. Special Powers Requiring Specific Consents.
consen t of the af fec ted county or municipali ty r a
plan, establish, acquire, construct or reconstruct,
or extend, equip, operate and maintain additional
and facilities Eor:
wi t:h t:he
CDO ma y
enlarge
system.
. parks and facilities for indoor and outdoor recrea-
tional, cultural and educational uses;
. fire prevention and control;
. school buildings and related structures;
. security, including, but not limited to, guardhouses,
fences and gates and electronic intrusion-detection
devices (but a CDD may not maintain its own police
force);
. control and elimination of mosquitoes; and
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waste collection and disposal.
..,
D. Taxation Powers; Fees and other Charges. Among the
special powers vested in a coo is the authorization to
assess certain types of taxes and fees within the COD.
. Ad Valorem Taxes: A COO the members of whose govern-
ing body have been elected by the qualified electors
of the CDO (as opposed to having been elected by the
landowners of the COD) (see How a Community Develop-
ment District Operates, at VI., below) may levy and
assess ad valorem taxes on all the taxable pcoperty
within the CDO, for the purposes of (i) construction,
operation and maintenance oE assessable improvements,
and (ii) payment oE the principal of, redemption pre-
mium, iE any, and interest on general obligation bonds
issued by the COO and to provide Eor ,any reserves
established in connection with such bonds..
- G -
The levy of ad valorem taxes by a COO must be
approved by the qualified electors in the COO by
referendum when required by the state constitu-
tion.
Ad valorem taxes which may be levied by a COO
are in addition to 'county and all other ad
valorem taxes provided by law.
Ad valorem taxes levied by a COO for operating
purposes (exclusive of debt service on general
obligation bonds) may not exceed 3 mills, except
that a COO authorized to engage in any of the
activities requiring the consent of the loea.
general-purpose governme.nt may levy an addition-
al 2 mills Eor operating purposes (exclusive of
debt service on general obligatio~ bonds).
. Benefit and Maintenance Taxes: A COO may levy benefit
taxes to pay principal of, redemption premium, iE any,
and interest on bonds issued to finance wate~ manage-
ment and control facilities of the COO and maintenance
taxes to maintain and preserve such facilities.
. ~ecial Assessment Taxes: A CDD may levy special
assessments, in accordance \llith applicable law, for
the construction or reconstruction of the systems and
facilities which the COO is authorized 1:0 undertake,
and may issue certificates of indebtedness and assess-
ment bonds in connection therewith.
. Fees and Charges: A COO is authorizgd, after public
hearing, to prescribe, fix, establish, and collect
rates, fees, rentals or other charges, and to revise
the same from time to time, for use of the facilities
and services furnished by the COD. A COO may also
provide Eor reasonable penalties against any user or
property with respect to any rates, fees, rentals or
other charges that are delinquent.
E. Other General Powers. In addition to the foregoing, a
CDO possesses the following powers, among others, under the
Act:
. To sue and be sued in the name of the COD.
.
To acquire, by purchase, gift, devise or
real and personal property, or any estate
to make and execute contracts and other
necessary or convenient to the exercise of
otherwise,
therein and
instruments
its powers.
. Subject to the requirements of state law relating to
public bidding, to contract for the services of con-
sultants to perform planning, engineering, legal or
other appropriate services of a professional nature.
. To hold, control and acquire by donatiqn, purchase or
condemnation any public easements, dedications to
public purposes or any reservations for those purposes
authorized by the Act. .
. To lease to or from any person, firm, corporation,
association or body, public or private, any projects
of the type that. the COO is authorized to undertake.
and facilities or property of any nature for the use
of the COO to carry out any of the purposes authorized
by the Act.
.
\
To exercise the power of eminent domain pursuant to
the appli.cable provisions of state law, over ~ny pro-
perty within the state, except municipal, county,
state and federal property, for the uses and purposes
of the COD relating solely to water, 'sewer, district
roads and water management; provid~d, however, that if
such power of eminent domain is to be exercised beyond
the physical boundaries of the COD, prior approval
must be obtained from the governing body of the county
(if the taking will occur in an unincorporated area)
or the municipality (if the taking will occur within a
municipality).
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. To cooperate with, or contract with, other govern-
mental agencies as may be necessary, convenient,
incidental or proper in connection with any of the
powers, duties or purposes authorized by the Act.
...
. To ~dopt and enforce appropriate rules (following the
procedures of the Administrative Procedure Act, Chap-
ter 120, Florida Statutes) in connection with the
provision of one or more services through its systems
and facilities.
. To exercise all of the powers necessary, convenien t,
incidental or proper in connect.ion with any of t.he
powers, duties or purposes authorized by the Act."
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IV. TAX-EXEMPT FINANCING; CONVENTIONAL 'FI~^NCING
A. Generally. One oE the major benefits of a COD is the
authority to issue tax-exempt bonds and notes to finance the
capital infrastructure of a development. The ability 1:.0
issue tax-exempt bonds and notes means that a CDD may
finance ,the capital infrastructure of a development: at: a
lower cost than would normally be incurred~through conven-
tional borrowing. A COD may issue general obligation bonds,
assessment bonds, revenue bonds and refunding bonds. A COO
may also issue bond anticipation notes. Bonds issued by a
coo are not backed by the full fai th and credi t of the
county or municipality in which the COO issuing such bonds
is located, or by the state or any political subdivision,
department or agency thereof. Any bonds to be issued by a
COO maturing over a period of more than five years must be
validated and confirmed in accordance with. the applicable
laws of the state.
,
.
properly structur~d, and assuming complianc~ with
certain covenants relating to the bonds, the interest on
bonds issued by a COO under the Act qualifies Ear exemption
from the holder I s gross income under the federal tax la\lTs
and the bonds are generally exempt from registration under
state and federal securities laws. Taxes relating \::0 the
federal Alternative Hinimum Tax and the "Superfund Tax" may
apply. (All matters rc'?lating to issues of taxation and
securities laws exemptions should be passed upon by quali-
fied counsel.)
The Act specifically exempts interest income on all
bonds issued by a COO from all taxes by the state or by any
political subdivision, agency or instrumentality thereof,
except taxes imposed by Chapter 220, Florida statutes
relating to interest, income or profits of debt obligations
owned by corporations, banks and savings associations, and
taxes imposed by Chapter 212, Florida Statutes, relating to
sales and use taxes.
,
8. General Obligation Bonds. General obligation bonds
are secured by the full faith and credit and taxing'power of
the COD. Recourse may be had against the general fun"d of
the COO for the payment of general obligation bonds, in
addition to those special taxes, if any, levied for their
discharge and such other sources as may be provided for
their payment or pledged as security therefor. Except for
refunding bonds, no general obligation bonds may be issued
by a COD unless such bonds are issued to finance or
refinance a capital project and the issuance of such bonds
has been approved at an election held in accordance with the
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requirements for such election as I prescribed in the state
constitution.
The aggregate principal amount of gene'ral obligation
bonds which a COO may have outstanding at anyone.' time,
computed in" accordance with the Act, may not exceed 35\
percent of the assessed value of the taxable property'within
the COD as shown.on the pertinent tax records at the time of
the authorization of such bonds. In arriviqg at the amount
of general obligation bonds of a coo permitted to be out-
standing at anyone time, there is not included any general
obligation bonds which are additionally secured by the
pledge of: {i} special assessments levied in an amount
sufficient to pay the principal oE, redemption premium, if
any, and interest on the general obligation bonds so secured
(provided certain requirements of the Act are complied
with), (ii) water revenues, sewer revenues or water and
sewer revenues of the COO to be derived from user fees in an
amount sufficient to pay the principal of, redemption pre-
mium, if any, and interest on the general obligation bonds
so secured, or (iii) any combination of assessments and
revenues described in (i) and (ii).
.
.
c. Assessment Bonds and Certificates oE Indebted-
ness. Assessment bonds are special obligations of a COO
which are payable solely from proceeds of the special
assessments levied for a public improvement: or conununity
facility that the COO is empowered to provide.
As set Eorth in III.D., above, a COD may levy special
assessments in connection with the construction or recon-
struction of the systems and facilities which the COO is
authorized to undertake. After any assessments for assess-
able improvements are made, determined and confirmed a~
provided in the Act, a COO may issue certificates oE
indebtedness for the amount so assessed against the abutting
property or the property otherwise benefited. -Such certifi-
cates are payable only from the special assessments levied
and collected' from the property against which they are
issued. The proceeds of such certificates may be pledged
for the payment of principal oE, redemption premium, if any,
and interest on any revenue bonds, assessment bonds. or
general obligation bonds issued to finance the assessable
improvements, or, if not so pledged, ma~ be used to pay the
cost or part of the cost of such assessable improvements.
D. Revenue Bonds. Revenue bonds are obligations of a CDO
which are primarily payable from revenues derived from
sources other than ad valorem taxes on real or tangible
personal property and which do not pledge the property,
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credit or general tax revenue of the COD. A COD may lssue
revenue bonds from time to time without: limitation as to
amount. Revenue bonds of a COO need not be approved by the
qualified electors of the COO unless such bonds are addi-
tionally secured by the full faith and credit: and taxing
power of the COD. Revenue bondg may be secured by, or pay-
able from, the gross or net pledge of the revenues '. to be
derived from any project or combination oE. projects; from
the rates I fees or othe r cha rges to be collected f rom the
users of any project or projects: from any r~yenue-producing
undertaking or activity of the COD; from special assess-
ments; or from any other source or pledged security.
.
.
E. Refunding Bonds. Refunding bonds are bonds issued by
a CDO to refinance outstanding bonds of any type and the
redemption premium, if any, and interest thereon. Refunding
bonds are issuable and payable in the same manner as the
refinanced bonds, except that no approval by the electorate
is required unless required .by the state const~tution.
F. Bond Anticipation Notes. A CDO may, after the i.ssu-
ance of any bonds of the CDD has been authorized, borrow
money Eor the purposes Eor which such bonds are to be issued
in anticipation of the receipt of- the proceeds of the' sale
of such bonds and issue bond anticipation notes in a prin-
cipal sum not in excess of th~ authorized maximum amount of
such bond issue.
G. Conventional Financing. The Act, further authorizes a
COO to engage in short-term borrowing for the purpose of
paying any of the expenses of the COO or any costs incurred
or that may be incurred in connection with any of the pro-
jects of the COD. A COD may issue negotiable notes,
warrants, or other evidences of debt in connection with sucl
short-term borrowing. .
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v. ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT.
A. Generally. The procedure for establishment of a COO
depends on the size of the proposed coo. ~ proposed COO of
l~ 000 acres or more is created by a rule adopted by the
Florida Land and Water Adjudicatory Commission (the "FLWAC")
pursuant ..to the Administrative Procedure Act. (The. FLWAC
consists of the Governor and the Cabinet.) +f the proposed
COO is less than 1,000 acres, the COD is. created by an
ordinance adopted by the boa rd of county commissioners of
the county containing a majority of the area of the proposed
COD; provided, however, that if any area of... the land to be
included in the' progosed COO is within the boundaries of a
municipality, the county commission may not create the COO
without the approval oE the municipality. IE all of the
land in the proposed CDD is within the territorial jurisdic-
tion of a municipality, the COO is created pursuant to an
ordinance adopted by the governing body of the munici-
pality. A county or municipality which has received a peti-
tion for establishment of a CDO may, within 90 days,
transfer such petition to the FLWAC. It is then the respon-
sibility of the FLNAC to grant or deny the petition. A
county or municipality has no right or power to grant or
deny a petition that has been transferred to the FLWAC.
Additionally, the governing body of any existing
special distr~ct created to provide one or more of the pub-
lic improvements and community facilities authorized by the
Act may petition for reestablishment of the existing dis-
trict as a COD.
B. coots In Excess of 1,000 Acres. Establishment of a
COO of 1,000 acres or more requires the filing of a petition
with the FLWAC by the landowner/petitioner. Prior to filin~
the petition, the petitioner must pay a filing fee of
$15,000 and submit a copy of the petition to the county and
to each municipality the boundaries of which are contiguous
with, or contain all or a portion of, the land within the
external boundaries of the proposed COD.
The petition must contain the following information:
. A metes and bounds description of the external boun-
daries of the proposed COO and a ~pecific description
of any real property within the bOundaries which is to
be excluded from the CDD.
. The written consent to the establishment oE the pro-
posed COO by the owner or owners of 100 percent of the
\ real property to be included in the COO or documenta-
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cion evidencing that the petrtioner has control of 100
percent of the real property to be included in the
COD.
. A designation of five persons to be the initial mem-
bers of the governing body of the COO ,( the lIBoard of
Supervisors").
. The proposed timetable for construction of the COO
services and a non-binding, good-faith estimated cost
of constructing the same.
. A designation of the future general distribution,
location and extent of public and private uses of land
proposed for the area within the CDD.
. An economic impact statement.
A local public hearing on the petition must be con-
ducted by a hearing officer pursuant to the requirements of
the Administrative Procedure Act. The petitioner must cause
public notice of such public meeting to be published in
accordance with the Act. All affected units of general-
purpose local government and the general public are given an
opportunity to appear at the hearing and present oral or
written comments on the petition.
The affected county or municipali ty may: conduct ,
public hearing to consider the petition in l~ght oE the
factors listed below, and may by resolution expr.ess its
support of, or objection to, the granting of the petition by
the FLWAC. Any objection to the granting of the petition
must be based on the factors listed below.
In deciding whether to grant or deny the petition, the
FLWAC must consider the entire record of the local hearing,
the resolutions adop~ed by the county and/or municipality,
and the following factors:
. Whether all statements contained in the petition have
been found to be true and correct.
. Whether the creation of the COO is inconsistent with
any applicable element or portion of the state compre-
- 13 -
hensive plan or of the effective local government
comprehensive plan.
. Whether the area of land within the proposed COO is of
sufficient size, is sufficiently compact and is s~ffi-
ciently contiguous ~o be developable as one functional
interrelated community.
. Whether the COO is the best alternative available for
delivering community development services and Eacili-
ties to the area that will be served by the COD.
. Whether the community development services and facili-
ties of the COO will be incompatible with the capacity
and uses oEexisting local and regional community
development services and facilities.
· Whether the area that will be served by the COO is
amenable to separate special-district government.
A FLWAC rule establishing a COO must contain a
description of the external boundaries of the COO and any
real property within the external boundaries of the COO
which is tc be excluded; the names of the five persons
designated to be the initial members of the Board of Super-
visors: 'and the name of the COD.
The Act provides the charter for a COD. The FLWAC may
not adopt any rules which would expand" modify or delete any
provision of a CDD's charter as set forth in the Act, except
with respect to the special powers which a COD may exercise
only with the consent of the appropriate county or munici-
pality.
C. COD's of Less Than 1,000 Acres. Establishment of a
COD of less than 1,000 acres by a county or municipality
involves the following:
· A petition containing the same information' required
for a peti tion to the FLWAC (lis ted above), . mus t be
filed with the governing body of the county or .the
municipality, as appropriate, and a public hearing
must be held.
· The governing body of the affected county or municipa-
lity must: consider the record oE t.he public hearing
and the same factors considered by the FLWAC (listed
above) in deciding whether to grant or deny the peti-
tion for the establishment of the COD.
- 14 -
"
'.,CO .~.\",.",,',- '> .O-,'.:",~~;:'-rr.?';
1\ county or municipal ord ina nce es t:abl ishing a coo
mus t include the same i terns as a FLWAC rule. Such
ordinance may not: expand, modify or delete any pro-
vision of a COD's charter as set forth in the Act.
...
- 15 -
. A county or municipal ordinance establishing a COO
mus t lnci ude the same i terns as a FLWAC rule · Such
ordinance may not: expand, modify or delete any pro-
vision of a COD's charter as set forth in the Act.
~
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VI. HOW A COMMUNITY OEVELOPHENT DISTRIGT OPERATES.
A. Board of Supervisors; Elections. The Board of Super-
visors consists of five members. Except as otherwise pro-
vided in the Act, each member holds office for a teem of
four years. Each member must be a resident of the state and
a citizeR of the United States. .
wi thin 90 days follo'",ing. the effective date of the
rule or ordinance establishing a COD, the landowners of the
CDD must meet to elect the members of the Board of Super-
visors. Public notice of such meeting is required. At such
meeting, each landowner is entitled, in person or' by proxy
in writing, to cast one vote per acre of land owned by him
and located within the COO for each person tci be elected. A
fraction of an acre is treated as one acre entitling the
landowner to one vote with respect thereto. An owner of a
condominium unit is treated as a landowner for p6rposes of
the voting provisions of the Act.
If the Board of Supervisors proposes to exercise the
CODIS ad valorem taxing power, it must call an election at
which the members of the Board of Supervisors will be
elected by the qualified electors of the CDO in conformance
with the general election la\'ls of the state. A qualified
elector is one who is a landowner or who resides within the
COD.. All persons then elected to the Board of Supervisors
must be qualified electors of the COD.
Commencing six years after the initial appointment of
members of the Board of Supervisors or, for a COD exceeding
5,000 acres, ten years after the initial appointment of
members oE the Board of Supervisors, the position of each
member whose term has expired must be filled by a qualifie':
elector of the CDO, elected by the qualified electors of the
COD.
B. Heetings; Quorums. A majority of the members of the
Board of Supervisors constitutes a quorum for the purpose of
conducting business of the CDo and exercising its powers and
for all other purposes. Action taken by the CDO must be
upon a vote of a majority of the members present unless
general law or a rule of the COO requires a greater num-
ber. All meetings of the Board of Supprvisors are open to
the 'public and governed by the government-in-the-sunshine
provisions of the laws of the scate.
c. District Manager. The Board of Supervisors is autho-
rized to employ and fix the compensation of a COO manager.
The manager supervises the operations of the COO and is
.
.
- 16 -
, .
,
responsible for preserving and maintaining the improvements
and facilities, for maintaining and operating the equipment
owned by the COO and for performing other duties prescribed
by the Board of Supervisors. It is not a conflict oE
interest under the laws oE the state for the COD manager or
other employee of the COO to be a stockholder, officer or
employee.oE a landowner in the COD.
.
D. Funds; Annual Budget; Reporting. Funds of the COO may
be disbursed only upon the order, or pursuant to the resolu-
tion, of the Board of Supervisors and as provided in. the
Act. A COD must provide financial reports and an annual
budget as required by the Act and state law. For purposes
of disclosure and information only, the proposed annual
budget for each fiscal year and any proposed long-term
financial plan or program of the COO for future operations
is submitted to the local general-purpose government having
jurisdiction. The local govec.ning authoriti.es may review
the proposed annual" budget and plans of the COO and submit
written comments to the Board of Supervisors.
E. Notices. ^ COD must provide full disclosure of infor-
mation relating to the public financing a~ maintenance of
improvements undertaken by the COD. Such information must
be made available to all existing ot prospective residents
of the COO and each contract for the sale of real property
within the CDO must include a notice that the COO imposes
taxes and/or assessments on the subject property to pay Eor
construction, operation and maintenance costs of certain
public facilities.
F. Contracts; Bidding. /\ COO may not contract for the
construction or maintenance of any project, nor may any
goods, supplies, or materials be purchased, when the amoun
paid by the COO exceeds $S ,000, unless notice oE bids is
adver tised. The bid of the lowes t responsible bidder must
be accepted unless all bids are rejected. ,The Board of
Supervisors, however, may undertake and perform the con-
struction, operation and maintenance of any project or
facility authorized by the Act, by the employment 9f labor,
material and machinery.
G. Tax Liens. All taxes of a COO provided for in the
. Act, t.ogether with all penalties for default in the payment
of the same a':ld. ,all costs in collecti.ng the same, including,
without limitation, reasonable attorney's fees, constitute
( E rom Janua ry 1 Eor each yea r the proper~y is subj ect to
assessment and until paid) a lien of equal dignity with the
liens for state and county taxes and other taxes of equal
dignity with state and county taxes upon all the lands
. aga~nst which such taxes are levied.
.
- 17 -
. ..
.
H. Remedies. The Board of Supervisors has the power to
foreclose liens as provided by general law and to discon-
tinue services and to recover delinquent charges upon
delinquency in the payment of fees. Additionally, the Soard
of Supervisors or any aggrieved person may 'have recourse to
such remedies in law and at equity as may be necessary to
ensure compliance with the provisions of t~e Act, including
injunctive relief to enjoin or restrain any person violating
the provisions of the Act or any bylaws, resolutions,
regulations, rules, codes or orders adopted under the Act.
I. Suits Against a coo. Any suit or action brought or
maintained against a CDD for damages arising out of tort,
including, without limitation, any claim arising upon
account of an act causing an injury or loss of property,
personal injury or death, is subject to the limited waiver
of sovereign immunity applicable to the state and its
agencies and subdivisions under state law.
J. Exemption of COO Propert::i:' from Execution. All pro-
perty of a CDD is exempt from levy and sale by virtue of an
execution, and no execution or other judicial process may be
issued against such property, nor may any judgment against a
COO be a charge or lien on its property or revenues. The
foregoing notwithstanding, bondholders may pursue any remedy
for the enforcement oE any lien or pledge given by a COO in
connection with any of the bonds or obligations of the CDO.
K. Termination. A COO remains in. existence unless (i)
the CDO is merged with another district as provided in the
Act; (ii) all of the specific community development services
that the COO is authorized to perform are transferred to a
general-purpose unit of local government in the manner pro.
vided by the Act; or (iii) the COD is dissolved as provided
in the Act.
L. Transfer of Services. The county or municipality
within which a CDO lies may adopt a non-emergency ordinance
providing a plan for the transfer of a specific community
development service from the CDO to such county or munici-
pali ty. The plan must provide for the assumption. and
guarantee of the COD debt that is related to the service and
mus t demons t ra te the abi Ii ty of the connty or municipal i ty
to provide such service: (i) as efficiently as the CDOi (ii)
at a level of quality equat to or higher than the level of
quality actually delivered by the CDD; and (iii) at a charge
equal to or lower than the actual charge by the COD to the
users of the service. A transfer plan ordinance is subject
to circuit court review at the request of the affected COD.
.
.
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. (/1:"
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,. .
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. . .
M. Dissolution. IE, within five years after the efEec-
. tive date of the rule or ordinance creating a COO, the
petitioning landowner has not received a development permit,
as defined by the laws of the state, on some or alloE.the
area covered by the COD, the COO is automatically dissolved
and the ~ircuit court must cause a statement to' that effect
to be filed in the public records.
N. Merger. A COO may merge wit:h other COD's or with
other special districts upon filing of a petition as
required by the Act.
o. IncorEorationi Annexation. Upon obtaining the popula-
tion standards required by the laws of the state for incor-
poration, any COO wholly within the unincorporated area oE a
county must hold a referendum on whether to incorporate.
Any COD contiguous to the boundary of a municipality may be
annexed to such municipali l:y pursuant: to the laws of the
state.
",
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- 19 -
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.
FREQOENTLY ASKED QUESTIONS
ON COMMUNITY DEVELOPMENT DISTRICTS
.'
~
'.
Bopping Boyd Green & Sams
Tallahassee, Florida
,.
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Q: Why should a developer consider establishing a
community development district for a project?
A: As Plorida's governments fall increasingly behind in
. the provision of basic infrastructure and services,
developers will face more pressure from both local and state
government to provide more facilities at a faster pace. In
addition, permitting agencies will make additional demands
for long-term assurances that infrastructure will be
maintained even... after the developer's involvement in a
project has ended. In part, these demands are fueled by the
intense political pressure not to raise taxes. Development
costs will continue to rise as local governments demand more
and ~ore of those proposing projects within their
jur isclictions. Growth may be expected not only to "pay for
itself", but to help bailout Florida's failure to
his tor ically build the roads wide enough, the pr isons big
enough, and the schools fast enough.
A developer's establishment of a community development
district (COD) will help address these pressures. The
Florida Statutes recognize COOs as a legitimate method for
the private sector to finance and manage basic' infra-
structure and services. Although CODs are independent local
special-purpose governments that levy taxes and assessments
and issue bonds, the landowner-developer remains in control
of the COO's board in its early years. When used
effectively, COOs' can help developers spread out development
costs, meet the concerns of permitting agencies with respect
to long-term maintenance of infrastructure and address the
local government concern to avoid politically unpopular
property tax increases.
0: Aren't 'there other kinds of districts
homeowners' associations that can meet
concerns?
-- or perhaps
some of these
A: Other types of special districts recognized under
Florida law, as well as homeowners' associations, may
address certain issues, but n'one have the range of po\V'ers
and options accorded CDDs. In addition to their inability
to effectively finance major capital improvements,
homeowners I associations generally do not meet regulatory
agency requirements for stable, perpetual entities for 10n9-
term maintenance of permitted infrastructure. Other types
of districts, such as water control districts, have only a
lirni ted range of power s available to them, i. e., drainage
and certain ancillary roads. COOs are empowered to finance,
construct, operate and/or manage water and sewer facilities,
water management and control facilities, roads and
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.
streetlights, and bridges. In addition, with permission of
the local government with jurisdiction, COOs may provide
such things as parks, recreational amenities, security,
waste collection and mosquito control.
Q:
( DRI) .
process?
My project will be a development of regional impact
How will the concept of a CDD fit into the DRI
A: CODs fit extremely well into the DRI process. CDOs
can enhance the "marke tabili ty" of the' DRI wi th local
officials and 'are increasingly seen as one of the most
efficient and politically palatable ways to provide basic
services and infrastructure. Conversely, the existence of a
DRI development order will enhance the "marketabilit:y" of
the COO in its es tablishrnen t process. To the ex ten t: the
role of the COD has been clearly defined in the DR!, local
uncertainty and fear about the existence of another
independent governmental body within its jurisdiction is
eliminated. There is no legal requirement that a DRI
development order be in effect prior to the establishment of
a COD by a developer. However, some of the information
needed to support a COD petition can usually be taken from
the information collected to prepare a DRI or a preliminary
development agreement. In the event that information is not
available, then it must created for the COD establishment
process.
Q: Is a COO appropriate for smaller projects?
A. It depends. The law contemplates establishment. of
COOs of less than 1,000 acres in size 'by county ordinance.
COOs of more than 1,000 acres are established by adoption of
administrative rules by the Florida' Land and Water
Adjudicatory Commission (FLWJ\C). The powers and abilities
of all COOs, regardless of their method of creation, is the
same. However, CODs do require time and money to establish
and operate, particularly in the early years. Developers of
projects of less than 1,000 acres should carefully review
the economic feasibility of a CDD and its anticipated
activities befors deciding whether it is appropriate.
Q: How can a
out development costs?
CDO
help
a
developer
spread
A: Depending upon the nature of the project: and type of
infrastructure to be financed, a CDO may be able to
issue long-term tax exempt bonds for certain facilities.
This will enable the developer to enjoy a lower overall cost
of debt. In addition, when bonds are repaid through annual
-2-
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" I . . \ . I' \ ~ "." ' .,.." /. r ~ . /' \ ' '" '\,.', . .
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. .
. .
special assessmen~s on the land, costs will be passed along
directly to the future residents/landowners.
Q: Explain how I can insure that the CDD will carry out
. the plans for my proj ect.
A: A COO is initially established when a petition,
usually from a developer, is received by either the FLWAC
(when the development is more than 1,000 acres) or the
county (if the development is less than 1,000 acres). In
that petition, the developer requests appointment of the
initial five-member Board of Supervisors. Upon adoption of
the rule by FLW1\C or the county ordinance, those members
take office. Within 90 days of establishment: of the CDD, an
election must be held where the landowners vote for the
Board of Supervisors. Since the developer usually controls
a majority or the land and voting is on a one-acrelone-vote
basis, the developer will vote for the members of the
board. Thereafter, for six years in the case of CODs of
less than 5,000 acres, or ten years in the case of CDDs of
more than S~ 000 acres, elections a re held every two years
where landowners vote on a one-acreJone-vote basis. Again,
assuming the developer remains the majority landowner, the
developer will vote for the board members. This six/ten
year cutoff point is shortened if ad valorem taxes are to be
levied by the COD. In that case, the board members must be
elected by residents of the COD.
CODs do nol have zoning, permitting, or comprehensive
planning powers. In the case of projects governed ~y a DRI
development order or a preliminary development agreement,
the COO must follow those requirements, just as others who
undertake activities in the project. In addition, the COD
is bound by conditions in permits which have been obtained
by the developer and transferred to the COD for its
projects.
Finally, during the initial six or ten year period, the
COD will, in most cases, issue bonds for various projects.
The COD, by statute, is required to follow and abide by all
bond covenants and agreements. To the extent those bond
covenants require or prohibit action by the' CDO during the
term of the bonds I a fu ture CDO boa rd not elected by the
developer is bound by them.
Q: Bow are ongoing operations of the COD funded?
'. A: In the early years, the CDD's "general fund" is
usually funded by an "agreement in lieu of taxes" between
the COO and the landowner/developer. CDOs are required to
-3-
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be audited annually and are subject to the oversight of the
Auditor General. For this reason, competent COD management
is a must to safeguard district assets and insure that
appropriate accounting and administrative procedures are in
'place. A con should also retain a district engineer, legal
counsel, and a financial advisor. To the degree staffing
activities are related to specific capital projects, certain
amounts may be ultimately reimbursable from bond proceeds.
~ .. l' ..'
Community Development Corporation
Support and Assistance Program
EXHIBIT B
o Program Description
Funds are a)located annuallol' b)' the Florida Legislature to the State
Communit)' De,'eJopment Support and Assistance Trust Fund. The
Legislature created this J?rogram in 1980 to address the economic
deterioration of communities throughout Florida. The funds are used
to 'proyide financial assistance to communit)' development corporations
(CDCs). CDCs are formed to create and maintain a sound economic
base in concert ,,'ith private enterprise in distressed areas. .
o EIigibilitJ'
-CDCs ~'hich are non-profit corporations 'with an eJected Board of
Directors and ~'hich nleet seryice area criteria, are eligible to applol' for
grants and/or loans;
- grants ma~' be allocated to CDCs for up to $100,000 for
administra~l\'e..sup'port. Funding is provided based OIl a competitive
grant Application Process; .
- loans may De made to CDCs for s~ecific projects and revenue
generating ventures for up to $250,UOO;
- loans may be made to ne\\' or expanding businesses through the
Guaranty Loan Program or through the Direct Loan Progranl. Direct
loans are required to match every collar of state allocated funds \\'ith
t\\'O dollars of prh'ate funds; and
- funding cycles for the grant program are announced in the Florida
Administrative "reek))'; the Joanlrogram is operated. on a continuous
cycle until all funds are expende .
o Current Status
Applications due dates for grant funding for the State Fiscal Year are
determined annually. The application deadline is usually bet\\'een
January and l\larcli. .
For Additional Information or to be added to the }\failing List Contact:
ROSA l\iORGAN, Administrator
. Division of Housing and Community De\'elopment
Department of Community Affairs
2740 Centerview Drive .
Tallahassee, Florida 32399-2100
OR CALL (904)488-3581
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9B-14.0q1
9B-14.002
9B-14~003
9B-14.004
9B-14.005
9B-14.006
9B-14.007
9B-14.0081
9B-14.009
9B-14.010
9B-14.011
9B-14.018
....
9B-14.019
9B-14.020
9B-14.021
9B-14.022
9B-14.023
"
RULES
OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF HOUSING AND
COMMUNITY DEVELOPMENT
RULES FOR COMMUNITY
'DEVELOPMENT CORPORATION
SUPPORT AND ASSISTANCE PROGRAM
Definitions.
Purpose.
Funding Availability.
Eligible Service Areas, Grants and Loans.
Eligible Applicants, Grants and Loans.
Application Format, Grants.
Application Process, Grants.
Distress Formula Threshold criteria.
Scoring Criteria, Administrative and Planning Grants.
Eligible Projects, Loans.
Application Format, Loans.
Types of Loan Programs and Participation
Requirements.
Direct Loan Program Participation Requirements.
Guaranty Loan Program Participation Requirements.
Terms and Conditions of Loans to Participating
CDCs.
Ranking' of Simultaneous Loan Applications.
Contracts for Grants and Loans.
1
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....
9B-14.024 Rights Reserved by the Department.
9B-14.025 Interagency Cooperation.
9B-14.026 Deadlines Construed.
9B-14.001 Definitions.
(1) "Act" means the Community Development Corporation Support
and Assistance Program (CDCSAP) established by Chapter 290, Florida
statutesL which provides for a fund for the purpose of providing
loan~ and grants to eligible "CDCs",
~ (2) "Administrative Expenses" means such costs necessary to
effectively operate the office of the CDC. Such costs may includek
but not be limited to, those activities set forth in section
290.036(1), F.S., research activities, training activities,
consultant fees, staff salaries and other normal and reasonable
overhead expenses.
(3) "Administrative Grant" Ineans either a 3-year or a l-year
grant for administrative expenses, awarded pursuant to section
290.036, F.S., but does not include Planning Grants as set forth in
section 290.0365, F.S.
(4) "Binding commitment" means a written document signed and
dated by the party presently committing the funds, goods~ or
services to the CDC without contingencies or qualifiers. The
commitment must be for a specific period of time.
(5) "Commercial Lending Institution" means a bank, credit
union, savings and loan association, or any commercial private
lending institution.
2
~
(6) "Community Development Corporation" or "CDC" means a non-
profit corporation under Florida Law, Chapter 617, F.S., and
Section 290.033(2), F.S. The CDC must conduct or financially
support revenue generating businesses, with the purpose of economic
and social development of its community. It must be based in a
specific geographic area, controlled by area residents and
committed to enhancing community well being.
(7) "Community Development Corporation Support and Assistance
Program . (CDCSAP)" means the program established by the Department
to administer the Act.
(8) "Col1\lllunity Wide Needs Assessment" means the
identification, analysis, and evaluation of the social, economic,
and cultural characteristics of the_Service Area and a
prioritization of the most critical needs of the area. The
assessment must be based on an analysis of u.S. Census data, or
comparable officially generated information.
(9) "Conservation Communities" means cities, census tracts
and unincorporated places ranked according to their relative
distress by the Department and automatically eligible as Service
Areas under .the Community Development Corporation Support and
Assistance Program.
(10) "Department" means the Department of Community Affair:.'3.
ell) "Direct Loan" means a loan made to an eligible applicant
to provide a loan to a Service Area business. Direct loans must be
made in conjunction with funds from other sources including, but
not limited to, participation by a commercial lending institution
3
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at a ratio of 2:1. For reference see Rule 9B-14.018 and 9B-14.019,
F.A.C.
(12) 1'Distress" means the degree of distress as measured by
the factors outlined in Rule 9B-1.4.0081(1), F.A.C.
(13) "Documentation" means supporting references or records
such as complete, executed contracts, with all attachments, copies
of canceled checks, or other materials which clearly indicate funds
were ,received during a specific time period.
! (1~)
"Economic Development" means those activities designed
to revitalize, preserve, redevelop or restore an area which
exhibits signs of decline and deterioration. For purposes of
scoring the categories of demonstrated ability to leverage
administrative funds under Rule 9B~14.009(4), F.A.C., and
demonstrated capacity in economic development under
Rule 9B-14.009(6), F.A.C., activities normally associated with
social services, arts and culture or general education cannot be
considered as economic development.
(15) "Eligible Applicant" or "Applicant" means a community
Development Corporation as defined in section 290.033(2), F.S., and
which is eligible for assistance under section 290.035(1), (2) and
4
(3), F.S.
(16) "Fully Capitalized" means documentecl. evidence that funds
committed to the venture by binding commitments are sufficient to
complete the project.
(17) "Fund" means the Community Development Corporation
Support and Assistance Trust Fund.
"
(18) "Good Standing" means that a CDC has fulfilled and is
current concerning all contractual obligations to the Department in
relation to the CDCSAP including all obligations of both a
financial and reporting nature for both CDCSAP past and present
grants and loans as described in Rule 9B-14.005(5), F.A.C.
(19) "Grant Application Guide" means the official application
document, including forms and instructions, which an eligible CDC
is required to prepare and submit in order to apply for CDCSAP
grants. The Grant Application Guide (Effective February 1992) may
be obtained by calling or writing the Department of Community
Affairs is hereby adopted by reference as a part of Rule 9B-14,
F.J\.C.
(20) "Guaranty Loan" means a loan made to an eligible
applicant to provide a loan to a Service Area business, but there
must be an agreement by a commercial lending institution to
purchase the resultant note. The eligible applicant will deposit
up to 90% of the proceeds of the sale of the note in an interest
bearing guaranty account which shall be used to guarantee repayment
of the loan purchased by the lending institution. For reference
see Rule 9B-14,O~8 and 98-14.020, F.A.C.
(21) "Loan Application Guide" means the official application
document, including forms and instructions, which an eligible CDC
is.required to prepare and submit in order to apply for CDCSAP
loans. The Loan Application Guide (Effective February 1992) may be
obtained by calling or \-1riting the Department of Community Affairs
and is hereby adopted by reference as a part of Rule 96-14, F.A.C.
5
..
(22) "Management Experience" means on the job, paid
experience at the management level in a community Development
Corporation, a Local Development Corporation, as a commercial loan
officer, or in a for-profit business. Experience must clearly
demonstrate administrative, supervisory and decision making
responsibilities. A position described or titled as interim,
acting or temporary will not be considered eligible for scoring.
(23) "Non-Profit Corporation" means a corporation
incorporated pursuant to Chapter 617, Florida statutes.
(24) "Permanent Job" means a full-time position, the duration
of which will exceed 12 months and involve a minimum average of 30
hours per week of employment.
(25) "Planning Grant" means a two year grant for
administrative planning and organizational expenses awarded
pursuant to section 290.0365, F.S., and Rule 9B-1.4, F.A.C., which
shall not exceed $50,000 per fiscal year.
(26) "Professional Experience" means a paid position within a
Community Development Corporation, a for-profit business, or as a
commercial loan officer, with responsibilities specifically
relating to work requiring the consistent exercise of discretion
and judgment and which requires specialized academic education.
Clerical or manual labor shall not be considered as professional
experience.
(27) "Repayment Agreement" or "Loan Contract" means an
agreement between the Department and a CDC which details the terms
and responsibilities of the CDC concerning the remittance of grant
or loan funds due to the Department by the COCo In cases where
6
",}:
the CDC can demonstrate to the Department the existence of a
revenue generating business venture with proceeds sufficient to
meet the annual debt service due to the Department, a loan contract
or a repayment agreement may be negotiated which permits annual
repayment of funds. The business must be determined by the
Department to be reasonable and feasible with regard to the
potential to generate adequate funds to meet the annual debt
service. The term of a Loan Contract or Loan Repayment Agreement
shall not exceed l5 years from the date of execution of the
original promissory note. In the event that a CDC defaults on a
loan contract or repayment agreement, then the entire balance owed
to the Department is due immediately upon default.
(28) "Revenue Generating Business" means a business engaged in
the production of goods or services which generates income and
employment for the community.
(29) "Secretary" means the Secretary of the Department of
Community Affairs.
(30) "Self-Sufficiency" means the ability of a CDC to
Inaintain a consistent level of services without administrative
grant or loan support from the CDCSAP.
(31) "Service Area" means the entire area in which a
Community Development Corporation will operate using CDCSAP funds.
(32) "Three Year Plan" means a document which clearly
identifies the long range planning efforts of the CDC as described
in Rule 98-14.009(3), F.A.C.
Specific Authority 290.038, F.S. Law Implemented 290.033-.038,
F.S. History - New 12-31-80, Amended 10-5-82, 12~20-83,
7
12-30-84, 5-5-85, Formerly 9B-14.o1, Alnended 5-4.-86, 2-26-90,
12-19-90, Amended
.
9B-14.002 Purpose.
The purpose of this Rule is to provide procedures for the
Department's implementation and administration of the CDC Support
and Assistance Program, section 290.0301, F.S., hereafter referred
to as the "Act". The Act creates a program for financial and
technical assistance to community Development Corporations for the
achievement of the economic development objectives described in the
Act. These rules and the Act shall he liberally construed by the
Department to effectuate the statement of policy and purpose found
in the Act. It is the intent of the Department that these rules
permit maximum flexibility within the limits of the Act, yet define
procedures consistent with the sound public funds management
principles and consistent with the need to apprise potential
applicants, funds recipients and the public of the Department's
policy governing disbursement and accountability for the funds.
Specific Authority 290.038, F.S. Law Implemented 290.033-.038,
F.S. History - New 12-31-80, Amended 10-5-82, 12-20-83, 12-30-84
Formerly 9B-14.02, Amended 5-4-86, Repromulgated 2-26-90
9B-14.003 Funding Availability.
(1) Current Funding. The 1980 Legislature established in the
8
state treasury a separate fund now known as the "Community
. . .
Development Corporation Support and Assistance Trust Fund". The
.,.
I " \, \, 1 r' ,. " " . I} ,
fund will be comprised of state appropriations, any contributions
or grants from other public or private sources, and interest earned
from investment of the funds pursuant to section 290.034, 'F.S.
(2) Subsequent Funding. Any subsequent appropriation or
funds from other sources shall increase the amount provided in (1)
above or shall be disbursed according to appropriate rule or
statute.
(3) Submission of Applications.
! (a) Applications for loan funds may be submitted at any time
I
during the year. Applications will be funded in the order of
receipt by the Department only when complete and approvable. Any
application determined to be incomplete will be returned to the
applicant within 30 calendar days with written notice of areas of
incompleteness or deficiencies. The date to be utilized for
determination of receipt of any rejected applications will be the
date that they are resubmitted to the Department in a complete and
approvable form.
(b) In the case of simultaneous sUbmission of complete and
approvable applications for an aggregate loan amount greater than
the amount of funds available, the distribution of funds will be
determined by scoring and ranking applications with the highest
ranking being funded first and all others funded in descending
order until the funds are depleted. The procedure for scoring is
in Rule 9B-14.022, F.A.C.
(c) Applications for grant funds will be as established in
Rules 9B-14.006 and 9B-14.007, F.A.C.
9
~
Specific Authority 290.038, F.S., Law Implemented 290.034, F.S.
Chapter 82-215, Laws of Florida. History - New 12-31-80, Amended
10-5-82, 1?-20-83, 6-4-84, 12-30-84, 5-5-85, Formerly 9S-14.03,
Amended 5-4-86, 2-26-90, 12-19-90. Repromulgated
9B-14.004 Eligible Service Areas, Grants and Loans. Eligible
Service Areas for grants and loans are areas which meet the
criteria established in section 290.035(2)(a), (b), (c), (d) and (e),
F.S.! It is incumbent upon the applicant to provide documentation
.
verifying that these criteria are met and applicant shall include a
narrative description and a map clearly identifying the Service
Area. .
Specific Authority 290.038, F.S. Law Implemented 290.035, F.S.
History - New 12-31-80, Amended 10-5-82, 12-20-83, 12-30-84,
5-5-85, Formerly 9B-14.04, Repromulgated 2-26-90, 12-19-90,
Amended
.
9B-14.005
Eligible Applicants, Grants and Loans.
Eligible applicants for grants and loans must be CDCs, as
defined above, which meet the following criteria:
(1) The CDC must have an eligible Service Area as defined in
Rule 9B-14.004, F.A.C.
(2) Its membership must be open to all Service Area residents
18 years of age or older with no restrictions including membership
fees or dues. This must be documented in the CDC's Articles of
Incorporationandjor By-Laws.
10
~
(3) A majority of the ene's board members must be elected by
those members of the corporation who are Service Area residents.
At least one board member must be appointed by the Governor. This
must be documented in the CDC's Articles of Incorporation and/or
By-Laws.
(4) Elections and membership availability must be adequately
publicized in a locally circulated newspaper and other chosen means
of media or public advertisements within the Service Area. Ample
opportunity must be provided for full participation for all Service
Area residents.
(5) The CDC must be determined by the Secretary of the
Department, or the designee, to be in good standing. A CDC may not
apply for any CDCSAP grant or loan funds while not in goo~
standing. Good standing shall consist of submission of all report
documents as prescribed by past and present CDCSAP contracts or
legally binding agreements, and submission and resolution of all
required audits and loan agreements to include payment of funds due
the Department as a result of audit findings or as prescribed by a
loan agreement in full or the existence of an executed repayment
agreement with the Department, whereby the CDC is in compliance
with the terms set forth in the repayment agreement. The repayment
agreement must be duly executed by both parties prior to a CDC
being declared in good standing. No portion of any funds due to
the Department shall be paid from funds received through the
CDCSAP.
(6) In addition to the above criteria, Planning Grant
applicants must have been created no more than five years prior to
11
~,
the application deadline date and may not have previously received
an Administrative Grant.
Specific Authority 290.038, F.S. Law Implemented 290.035, F.S.
History - New 12-31-80, Amended 10-5-82, 12-20-83, 12-30-84,
12-19-90. Formerly 9B-14.05, Amended 5-4-86, Repromulgated
2-26-90, Amended 12-19-90, .
9B-14.006 Application Format, Grants. An application for a grant
shall include the following information, and shall utilize and
follow the grant application guide format and instructions:
(l) Documentation sufficient for the Department to verify
that the applicant meets the criteria provided in section 290.035,
F.S., including clear evidence that elections have been publicized
and held annually. For CDC's who did not receive CDCSAP funding in
the prior year, the application will include a statement that, if
selected for funding and prior to release of funds, the CDC will
accept an appointment to the hoard by the Governor of at least one
board member. The applicant nay submit names and resumes of
recommended appointments. For CDC's receiving CDCSAP funding in
the prior year, evidence of the gubernatorial appointment must be
contained in the application. If the appointment has not been made
by the Governor at the time of the application, proof must be
included in the application which documents that an appointment has
been solicited.
(2) In addition to (1) above, an application for a grant
shall include the items enumerated in section 290.036(2), F.S., and
12
~
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a narrative description of the requirements established in Section
290.036(5) (c), (d) and (e), F.S.
(3) An applicant for a grant shall submit to the Department
an Administrative Budget which indicates sound and prudent plans
for the expenditure of grant funds. The Department shall require
amendment of the budget where unnecessary or exorbitant
expenditures are identified.
(4) All documentation submitted in support of applications
rnust'be in detail sufficient for the Department to analyze its
accuracy and validity; and submitted in a format determined by the
Department and conforming to all instructions in the Grant
Application Guide. A Grant Application Guide may be. obtained by
writing the Department of community Affairs, Division of Housing
and community Development, 2740 Centerview Drive, Tallahassee,
Florida 32399-2100.
Specific Authority 290.038, F.S. Law Implemented 290.036, F.S.
History - New 12-31-80, Amended 10-5-82, 12-20-83, 12-30-84,
Formerly 9B-14.06, Amended 5-4-86, 2-26-90,
9B-14.007 Application Process, Grants.
(l) The Department will consider applications for funding of
grants in one cycle during the state Fiscal year. All eligible
CDCs as defined in Rule 9B-14.005, F.A.C., of this chapter will
compete during this application cycle. Anyone interested in being
included on the mailing list to receive advance notice of the
application deadlines may write the Department of Community
Affairs, Division of "Housing and Community Development, 2740
13
Centerview Drive, Tallahassee, Florida 32399-2100. The Department
will notify each entity on the mailing list of the application
deadline and will publish such notice in the Florida Administrative
Weekly. Any application not received by 5:00 p.m~ on the final
application date will not be considered for funding. No additional
information will be accepted for review after the final application
deadline for any applicant.
(2) Threshold Requirements. All applications submitted to
the Department will be reviewed for adequacy before they are
reviewed for eligibility, scored and ranked. The following areas
will be included:
(a) Application Completeness. Applications will be screened
for completeness, and applications which do not contain all items
specified in Rule 9B-14.006., F.A.C., will not be scored and rated
for funding.
(b) Past Performance. The Department will review the
applicant's prior performance in carrying out contractual
obligations with CDCSAP funds to determine that:
1. There are no unresolved audit findings. Resolution of
audit findings shall include the repayment of any funds owed to the
Department or the execution of a Repayment Agreement as defined in
Rule 9B-14.001(16) , F.A.C.
2. There is no evidence of fraudulent use of CDCSAP funds.
3. All pr~viously funded contracts have been closed out in
compliance with contractual requirements, including the
satisfactory resolution of any monitoring findings.
14
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4. The CDC is declared by the Secretary of the Department, or
the designee, as being in good standing.
5. If the applicant has failed to meet any of the above
requirements, then the application will not be considered for
funding.
(c) The Department reserves the right to review an
applicant's audit of funds other than CDCSAP_ Applicants with
serious unresolved audit findings may be eliminated from
eligibility to receive funding.
(d) New Applicants. Applicants which have not previously
received CDCSAP funds will not be evaluated on past performance.
(3) No grant will be awarded for funds exceeding $100,000.00.
All grants will terminate on the same date regardless of the date
of commencement.
(4) Notice of intended grant award or denial of grant award
will be provided to each applicant by certified mail with a
statement that applicants who wish to contest the decision must
request review of the decision in writing and such request must be
filed with the agency clerk within 14 calendar days of receipt of
the notice. The request for review is deemed filed when it is
received by the agency clerk as designated in Rule 9B-14.009,
F.A.C. Failure to file a request for review in the time and-manner
specified shall constitute a waiver of proceedings under Chapter
120, F.S. The request for review must specify in detail the basis
for review. Unless the request for review clearly describes
disputed issues of material fact, an informal proceeding will be
conducted by the Department's appeal hearing officer or the
15
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designee, pursuant to Section 120.57(2), F.S., and applicable
agency rules. To the extent that the Department accepts the facts
presented in the application but denies funding based on
interpretation of the law or rules, an informal proceeding is
appropriate. If the Department determines from the request for
review that issues of material fact are in dispute, a formal
proceeding will be conducted pursuant to Section 120.S7(l), F.S.
(5) The Department shall, following the determination of CDCs
to be funded, enter into a contractual agreement between the CDC
and the Department. This agreement shall be signed by the CDC and
returned to the Department on or before 30 days after receipt of
the agreement by the CDC. Failure to comply within said 30 days
shall result in withdrawal of funding by the Department. At such
time as funds are withdrawn, the funds will be awarded to the next
applicant in rank order in accordance with 9B-14.009(7), F.A.C.
(6) If a CDC has outstanding administrative, fiscal or audit
matters which delay funding of an executed agreement, it shall be
incumbent upon the CDC to resolve all such issues to the
satisfaction of the Department within ninety days of the beginning
of the contract period. Failure of the CDC to satisfactorily
resolve said issues shall result in the withdrawal of funding by
the Department and the award of such funding to the next applicant
in-rank order.
Specific Authority 290.038, F.S. Law Implemented 290.036, F.S.
History - New 12-31-80, Amended 3-25-81, 10-5-82, 12-20-83,
6-4-84, 9-20-84, 12-30-84, 5-5-85, Formerly 9B-14.07, Amended
5-4-86, 2-26-90, 12-19-90,
98-14.0081 Distress Formula Threshold Criteria
(1) The degree of distress of the geographical area served by
a CDC will be compared to the degree of distress of the Service
Areas of all other applicants. A ranked list of eligible CDCs will
be devised from data provided by the "Community Conservation Index"
which consists of 1980 census data, to the extent appropriate, for
the following variables:
(a) The percentage of housing units in the area built more
than 30 years ago;
(b) The percentage of year-round housing units in the area
that are vacant rental housing units;
(c) The percentage of housing units in the area that lack
some or all plumbing facilities;
(d) The per capita income in the area;
(e) The percentage change in per capita income in the area
from the prior census year to the current census year;
(f) The percentage of the population in the area that is over
the age of 65 and under the age of 18:
(g) The unemployment rate in the area;
(h) The percentage of the population in the area with incomes
below the poverty level:
(i) The per capita taxable value of property in the area;
(j) The percentage change'in per capita taxable value of
property in the area from 1977 to the current census year; and
(k)The per capita local taxes levied in the area.
17
(2) The Community Conservation Index contains data for these
factors for all incorporated areas of the state, all census
designated places, and census tracts in cities over 50,000 in
population which shall be the units of analysis. The units of
analysis are ranked by each independent variable. An average of
the rankings for the 11 variables is produced for each unit of
analysis which is called the distress rating. The units were
ranked according to this distress rating to provide the Community
Conservation Index. The units are ranked from the most distressed
to the least distressed with the unit possessing the lowest rating
assigned the rank of one.
(3) Method of Calculation. Data obtained from the Community
Conservation Index will be aggregated for all census tracts
contained, whether in whole or in part, within the CDC's Service
Area boundaries. Each CDC will be assigned a numerical score based
on the average of the distress ratings for each census tract which
composes a part of the CDC Service Area. The qualifying CDCs will
be listed in rank order according to this average from the lowest,
indicating the most distressed areas, to the highest.
(4) Threshold criterion. A cut off criterion will be
established by the Department and applied as a threshold measure in
order to restrict the funding competition to agencies serving the
most distressed communities when the number of CDCs for
consideration for funding exceeds more than twice the maximum
number of CDCs to be funded.
Specific Authority 290.038, F.S. Law Implemented 290.036, F.S.
History-New 5-5-85, Formerly 9B-14.081, Amended 5-4-86,
18
2-26-90
,
9B-14.009 Scoring criteria, Administrative and Planning Grants.
(1) The Department will determine eligibility of a grant
application based upon the requirements established in
section 290.035 and section 290.036, F.S., and the threshold
requirements described in Rule 9B-14.007(3), F.A.C. Once
eligibility has been determined, the application will be ranked and
scored on:
(a) Demonstrable capacity of the CDC to carry out the
proposal.
(b) The completeness, feasibility, and impact pertaining to
the goals, objectives, and timeframes outlined in the Three Year
Plan, as defined in Rule 9B-14.001(13), F.A.C.
(c) Demonstrated ability to leverage administrative funds
from other sources.
(d) Demonstrated capacity to perform in the area of economic
development by successful participation in the CDCSAP loan program
or participation in a successful business venture and by generating
venture income to enhance the ability of the CDC to become self-
sufficient.
(2) Demonstrable capacity will be measured by the Department
based upon the applicants' documentation of the following:
(a) Executive Director Experience. Executive Director has
management experience or an academic degree as set forth below. A
position described or titled as Interim, Acting, or Temporary
19
Executive Director will not be considered eligible for scoring.
Ten (1.0) points are awarded for anyone of the following:
1. Bachelors Degree from an accredited college or
university plus 3 years of experience,
2. Masters or Doctorate Degree from an accredited college
or university plus 2 years of experience,
3. Seven years of on-the-job management experience.
(b) Staff Experience. Used herein, professional staff means
a person employed by the CDC in a permanent job as defined in 9B-
14.001(4), F.A.C.
1. Five Points. Professional staff has shown evidence of
formal training or on-the-job experience in public administration
or social services.
2. Ten Points. Professional staff has experience leading to
the position or, a bachelors degree from an accredited university
or college with a major in business administration, management,
finance, banking, accounting or economics or a law degree.
Experience means a minimum of three years on-the-job experience at
the professional level in a community Development Corporation, a
Local Development Corporation, as a commercial loan officer, or in
a for-profit business or in a government position which involves
economic development or business development activities.
Experience which consists of clerical or manual labor shall not be
considered as professional experience.
3. Fifteen Points. Professional staff has a bachelors degree
from an accredited college or university or experience leading to
. "
the position, -as defined above, and includes at least one
20
~
".
individual with 3 or more years of professional accounting
experience, economic development, industrial development, or
business development experience. All areas of expertise must have
involved activities directly resulting in the operation, expansion
or creation of revenue generating ventures.
4. Twenty Points. Professional staff consists of no less
than two individuals, each having a bachelors degree from an
accredited college or university or three years professional
experience. One individual must have at least 3 years experience
as a professional accountant in a CDC or a for-profit bus~ness. A
contract with a professional accounting firm for accounting
services to be provided to the CDC during the eligible time period
can be substituted for the requirement for a professional
accountant on staff. The contract for accounting services must be
included in the application and must be from a qualified certified
public accounting firm. Contracts to perform audits of the CDC
will not be considered for scoring purposes. The other individual
must have at least 3 years of economic development, industrial
development or business development experience. The latter three
areas of expertise must have involved activities directly resulting
in the operation, expansion or creation of revenue generating
ventures.
(c)
Board of Directors.
Points will be awarded for anyone
of the following:
1. Ten points. Board of Directors meets in regularly
scheduled meeti~gs and has demonstrated evidence of business
21
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,'\/ t~~__~~"-"-'./~'I 'Z" ',,"-, .\)~..:. ",' ,', :.~ "','\.'" :,',','1 ~+: ',,' ~..'."" ........', ....:.~\\. "'~":"I ~\..'
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experience and commitment to the success of the CDC's activities
and includes at least five individuals each having at least one
year of experience as an officer of a commercial lending
institution, a manager of a private for-profit business, an
attorney, a professional accountant, an engineer, an architect or a
developer.
2. Twenty poi~ts. Board of Directors meets all of the
criteria in subparagraph 1., and has a minimum of five board
members each having at least one year of experience as an officer
of a commercial lending institution, manager or officer of a
private for-prOfit business, attorney, professional accountant,
engineer, architect or developer. At least three of the areas must
be represented; an individual may only be credited for one area of.
expertise.
(J) Three Year Plan. A total of 20 points may be awarded
under this category. The Plan must clearly identify in narrative
and chart form what the CDC intends to do over the next three year
period, should the agency receive CDCSAP funding. This document
will be used to design scopes of services for those agencies which
receive CDCSAP funding beginning with the year for which the
application is being made. The Plan must include measurable
activities and tasks with specific timeframes for completion; The
Three Year projection of Activities and Tasks Form is to be used to
augment the narrative description of the Three Year Plan. The Plan
and all components must be original documents created by the CDC
specifically for this application, and consist of a 1-20 page
narrative, accompanied by the appropriate number of Three Year
22
.~
. "
>~. '.'.. .:' , , '\ ':, './'/:1 J:' /:.' ':. ,,( ....'..: .', '~~" ..'.... I.'.: //' )/ \\ / '., ~','. '" ,J'.:... >...1 ,: . '.' '>~ , :-".:, : "/~_/.. '.""" " \ .... "-< ,:",'. . "": .:;' .' ':' \.' ;: ~ ....~. .:: .....;i';.; :'
, ' ".. ,{, ,.'~, '. ", I.., /.. \ \.' .. /, " ,I \ . , ., \ . . , '. .' , . , . ., \ /. .
:. ~ /' . ,:.. ~ I' . '! ~. ~. ;(.. ~.... l . ~~........ ',' \. -' '.: .," . ~". '/,1,' ~',; ".:'<". f~:.. ,:., .:'," '. i:'1 -~ :.",':: '" ~ "" ' ". ,r." "~' _ . :'. . \ '" .<. ~.4". . ,'. ~_,; I,~ '.
" \~~_:.- ....,1.\' 1..//\. ,I, ".../,. '/\\'" .w..~,,\\.. ,..f " ,1.' .
. . . ......, I. .~_.., J;" ." ~ '. .' / 1,':';J ../ '" --AL~""'. '.~ \ " '..... ~. "_:'-:fl_11-,I' "'~.'.'/ ".~ ....' 1\/.",,-; " : \," ....
Projection of Activities and Tasks Forms and must be organized as
follows :
(a) Introduction - A concise description of the process used
to conduct the Community Wide Needs Assessment, a discussion of the
nature and extent of the Board's involvement in the process, and a
presentation of the highlights of the Three Year Economic
Development Plan.
(b) Community Wide Needs Assessment - An analysis and
evaluation of the social, economic and cultural characteristics of
the Service Area and a prioritization of the most critical needs of
the area. The assessment must be based on an analysis of u.s.
census data or comparable state and Federal Departments' officially
-
generated information. Topics to be addressed are:
1. Description of the Service Area - size, location, and
physical characteristics.
2. Service Area Profile - An identification of the
characteristics of the Service Area: population, economics,
business mix and climate, employment statistics.
3. Priority Listing of Service Area Needs - This is an
analysis of the Description of the Service Area and Sel~ice Area
Profile discussions. This section shall identify and prioritize
the specific problems and needs of the Service Area. The narrative
and listing should relate directly to the Service Area profile, and
will be the basis for determining the Activities and Tasks to be
undertaken over the next three years.
4. Outline of Venture and Development Activities - The
Description of the Service Area, Service Area Profile, and Priority
23
Listing of Needs must indicate the types of activities and ventures
which the CDC will undertake to alleviate the specific conditions
within the Service Area, and create jobs. The types of Activities
may include:
Business Assistance/Technical Assistance
CDCCapacity Building
Commercial Development
Hotel Development
Housing Construction/Rehabilitation/Management
Housing Program Referral Assistance
Industrial Park Development
Manufacturing
other Economic Development Activities
Real Estate Development
Revolving Loan Fund Administration
Shopping Center Development/Management
Venture Administration
The specific activities will be determined by the Service Area's
priorities and will be the basis for the Three Year Projection of
Activities and Tasks. Each task undertaken will clearly relate to
the Service Area's Priority Needs. The discussion for each
24
activity must include:
a. A detailed description of the proposed Activity and an
identification of subcomponent Tasks.
b. A discussion of the feasibility of undertaking the
venture.
~>
t
c. An estimate of the cost for complete capitalization of the
Activity, an identification of potential sources of funding, and an
identification of technical assistance and staff expertise
requirements which include strategies for securing same.
d. Discussion of the expected outcome of the proposed
Activity and Tasks. Project over three years the benefits (jobs
created, income, equity produced, businesses created/preserved,
etc.) to the CDC Service Area which will be created by the proposed
venture.
5. strategy for Self-Sufficiency - A description of the
benefits of the proposed venture development activities which will
assist the CDC in moving toward the goal, of self-sufficiency.
6. Three Year Projection of Activities and Tasks Form - The
Three Year Projection of Activities and Tasks Form is a tabulated
chart which outlines ,what the CDC intends to do should it receive
CDCSAP funds for the applicable period. The Three Year Projection
of Activities and Tasks Form will be used to augment the narrative
discussion of the Three Year Plan, and to help determine the score
a~arded to the Plan. Some activities and tasks may extend beyond
25
this three year period. In such cases the Three Year Projection of
Activities and Tasks Form must follow through to the completion of
the activity and related tasks.
7. Scoring - Applicants whose Three Year Plans address each
Guide requirement shall be deemed complete and will be awarded
scores of either 10 or 20 points based on the thoroughness,
feasibility, and adequacy of their responses. Incomplete Plans
, .
will receive a score 'of zero points.
10 Points - A score of 10 points will be awarded for Three
Year Plans which address each Guide requirement in a manner that
supports existing data and reflects the needs of the Service Area
as demonstrated in the Community wide Needs Assessment.
20 Points - A score of 20 points will be awarded for Three
Year Plans which meet the criteria for 10 points and present
comprehensive business development and partnership-building
strategies projected over a three year period beginning with the
year for which application is being made. These plans must clearly
relate to the prioritized needs, demonstrate knowledge of Service
Area business conditions, project reasonable and feasible solutions
to those particular circumstances, and identify resources adequate
to contribute to self-sufficiency.
(4) Applicants who can clearly demonstrate the receipt of
administrative funds from sources other than CDCSAP funds will be
scored according to the cumulative amount of dollars received
within the two years preceding the application deadline date and
can include grants, donations or investment income. The use of
those funds must directly relate to the economic development
activities proposed in the CDCSAP application. The Department will
consider in-kind contributions which demonstrate verifiable cost
values within the applicable timeframe and which are contractually
committed. All documentation must be in the grant application.
To be eligible for scoring, documentation shall be either an
executed letter from an authorized representative of the funding
source, an executed contract with a budget and scope of services,
or a complete "audit. . Selected pages of any documents are not
26
acceptable. Documentation shall clearly demonstrate the receipt of
funds within the eligible time period, and that the funds were for
administrative purposes. To be considered for scoring, the
relevant dollar amount and signatures must be highlighted or
circled in the document itself, with the page number shown on the
Administrative Funds Form. Any docu~entation which indicates a
~ontract, budget and scope of services inclusive of the two year
period, or any part thereof but extending to a future date beyond
the application deadline, shall be pro-rated over the eligible time
period unless documentation provided in the application indicates
otherwise. A maximum of 50 points will be awarded for $500,000 or
more in administrative funds at the rate of one point per $10,000
received.
(5) Any funds not documented as received prior to the
deadline will not be considered for scoring. Conditional or
contingent receipt of funds other than the condition that the CDC
receive CDCSAP Administrative Grant, or documentation subject to
prior or future conditions will not be considered for scoring.
(6) Applicants who can document at least a ten percent direct
financial participation in the acquisition, expansion or creation
of a revenue generating, job producing activity within the three
years preceding the application deadline date will be scored
according to the total funds committed to that activity through
donations, grants, loans or direct equity injection. Agencies
which serve as coordinators or administrators of projects and which
cannot demonstrate a direct financial participation will not be
considered eligible for scoring. In order to be awarded venture
27
\,
f . I' \, ' ' " , \ I I \/ ' t ' . I I, I '\' I , I \ , ~ ~ . I I \ \ " IIi \ I \ '. \ . I
leverage points, the CDC must certify that the venture activity is
fully operational and the applicant must document that the
resources necessary to complete the project are contractually
committed to it by the application deadline date. All commitments
must be documented, binding and included in whole in the grant
application. Selected pages of any documents are not acceptable.
To be eligible for scoring documentation shall be either an
executed letter of commitment from an authorized representative of
the funding source or an executed contract with a budget and scope
of services. Documentation shall clearly demonstrate the
commitment of funds to the venture within the eligible time period.
To be considered for scoring, the relevant dollar amounts and
signatures must be highlighted or circled in the document itself
with the page number shown on the Venture Funds Form. A separate
Venture Funds Form must be completed and tabbed for each venture.
A maximum of 60 points will be awarded for $1.8 million or more of
venture funds leveraged at the rate of one point per $30,000
leveraged.
(7) Enterprise Zone. Applicants which document that their
Service Area overlaps 100% of a state or Federal Enterprise Zone
shall receive 5 points. Applicants which document that their
Service Area partially overlaps a state or Federal Enterprise Zone
shall receive 3 points. Applicants which fail to document any
overlap of their service Area with a State or Federal Enterprise
Zone shall receive zero points under this section.
(8) Use of Loan Program. Applicants which document that they
have received CDCSAP loan funds in the three years preceding the
28
application deadline date, and are current in the repayment of
those funds, shall receive points as follows:
(a) all 3 years 10 points
(b) 2 out of 3 years 6 points
(c) 1 out of 3 years 3 points
(d) none 0 points
(9) Administrative Grant History. Applicants shall .
rece~ve
up to 5 points at the rate of one point for each year during which
the applicant was in existence and did not receive a CDCSAP
Administrative Grant.
(10) The maximum number of points will be 200. Scores
awarded under each criteria will be summed and that sum shall
constitute the total score for that applicant. Scores for all
applicants will be ranked and eligible applicants will be funded as
set forth in subparagraph (12) below until funds available are
exhausted. An applicant for an Administrative Grant must score a
minimum of 100 points to be eligible for funding.
(11) In state fiscal year 1992-1993, a three year
administrative funding cycle will be established. In year one,
100% of the funds appropriated for administrative funding shall be
used for Administrative Grants as defined in Rule 9B-14.001(3),
F.A.C. In years two and three, 90% of each year's appropriation
for administrative funding shall be used for Administrative Grants,
29
and 10% shall be used for Planning Grants.
(a) A maximum of 18 Administrative Grants may be awarded in
any fiscal year pursuant to Section 290.036(3), F.S.
(b) Applicants which receive a score of 150 or more points
will be awarded a Three Year Administrative Grant.
(c) Applicants which receive a score of at least 100 points
but less that 150 points will be awarded a One Year Administrative
Grant.
(d) The Secretary may award Planning Grants as defined in
Rule 9B-14.001(25), F.A.C., to those applicants which have been
created no more than five years prior to the application deadline
date and have not previously received an Administrative Grant.
Planning Grant applicants are not subject to a minimum score
requirement and shall not be scored on the amount of venture funds
leveraged. Planning Grant applicants must include in the Three
Year Plan a strategy to create partnerships within the service area
which may include other non-profit organizations, for profit
businesses, local and state government bodies and agencies, or
foundations.
(12) When two or more applicants for Administrative Grants
receive identical total scores for the last available award, the
Department will award the Administrative Grant to the applicant
which received the most CDC loan dollars. If the resulting total
dollar amount of loan funds received is the same for two or more
applicants, the Department will award the Administrative Grant to
the applicant with the highest total dollar amount of
administrative funds received and documented as required by Rule
9B-14.009(4), F.A.C.
(13) Where two or more applicants for Planning Grants receive
identical total scores for the last available award, the Department
30
will award the Planning Grant to the applicant with the highest
total dollar amount of administrative funds received and documented
as required by Rule 98-14.009(4), F.A.C.
Specific Authority 290.038, F.S. Law Implemented 290.036, F.S.
History-New ~2-31-80, Amended 10-5-82, 12-20-83, 6-4-84, 5-5-85,
Formerly 9B-14.09, Amended 4-12-88, 2-26-90, 12-19-90,
9B-14.010 Eligible Projects, Loans. section 290.037(1),(a)-(c),
F.S., authorizes loans to be made to eligible applicants from the
CDCSAP loan fund for the purposes stated therein. Loans for
housing projects shall be limited to rehabilitation in which the
value of the repair or restoration of the project does not exceed
40% of the value of the project (excluding land) before repair.
specific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-31-80, Amended 10-5-82, 12-20-83, 12-30-84,
5-5-85, Formerly 9B-14.10, Amended 5-4-86, 2-26-90, 12-19-90,
.
9B-14.011 Application Format, Loans. An application for a loan
shall include the following information:
(1) Documentation sufficient for the Department to verify
that the applicant is an eligible applicant as defined in Rule
9B-14.001(15), F.A.C., and that the threshold eligibility
requirements of Rule 9B-14.007(2)(b), F.A.C., are met. In lieu of
providing evidence of gubernatorial appointment of one board
member, the applicant shall include a statement that, if selected
31
.,~.:.'
for funding and prior to release of funds, the ~DC will accept an
appointment to the board by the Governor of one board member.
(2) In addition to (1) above, an applicant for a loan shall
include the supporting documentation required in section
290.036(2), F.S., and certification of the inability to secure
conventional financing, of the creation of at least one job or the
rehabilitation of at least one housing unit for every $15,000
loaned, and of the overall net positive economic impact of the
project as required in section 290.037(5) (d), (e) and (f), F.S.
For any given state fiscal year, once the Department determines
that a CDC has met the threshold criteria as cited above, it will
be necessary to resubmit only those items which may have been
eliminated or revised since the time of verification of the
previous loan or grant application used in determining threshold
eligibility.
(3) In addition to (1) and (2) above, the applicant for a
loan shall demonstrate the ability to make and administer loans for
projects by:
(a) Having a minimum of five members of the board of
directors which satisfy the requirements of Rule 9B-14.009(2) (c)l,
F.A.C.; and
(b) Having a loan committee which consists of a minimum of 5
members, each having at least one year's experience as an officer
of a commercial lending institution, manager or officer of a
private for-prOfit business, attorney, or certified public
accountant. An individual may only be credited for one area of
32
~
~. '::.'
expertise; the loan committee must at least include an officer of a
commercial lending institution and an attorney.
(c) Having at least one full-time paid employee on staff who
satisfies the requirements of Rule 9B-14.009(2)(a), F.A.C.
(4) Once an eligible applicant has satisfied the requirements
in Rules 9B-14.019 or 9B-14.020, F.A.C., it may submit an
application for a loan at any time during the year. The Department
may waive certain items for applicants ~hich are duplicative of
documentation presented in the grant application for the same
fiscal year. That application shall include at a minimum:
(a) A copy of the loan committee recommendation to the
Department which includes:
1. the economic feasibility of the project;
2. the capacity of the borrower to repay the loan; and
3. a description of the underwriting criteria used to
evaluate the loan; and
4. credit worthiness of the borrower.
(b) A copy of a resolution by the Board of Directors
approving the loan;
(c) Evidence of collateral available to secure the loan;
(d) copies of all proposed loan closing documents including
but not limited to promissory notes, security instruments and the
like; and
(e) A certification by the loan committee of the inability of
the borrower to secure conventional financing at the terms offered
by the CDC.
33
~
~'
Specific Authority 290.038, F.S. Law Implemented 290.033, 290.035,
290.036, 290.037, F.S. History - New 12-31-80, Amended
10-5-82, 12-20-83, 5-5-85, Formerly 9B-14.11, Amended 2-26-90,
.
9B-14.018 Types of Loan Programs and Participation Requirements.
(1) Eligible applicants may participate in two loan programs,
the direct loan program and the guaranty loan program:
(a) In the direct loan program, the eligible applicant may
receive a loan to provide funds for a Service Area business. These
direct loans ~ust be made in conjunction with funds from other
sources, including but not limited to, financial participation by a
commercial lending institution as described in Rule 9B-14.019(3),
F.A.C.
(b) In the guaranty loan program, the CDC may make a loan to
a Service Area business provided there is an agreement by a
commercial lending institution to purchase the resultant note at
its face value without recourse except to the guaranty fund. The
eligible applicant will deposit up to 90 percent of the proceeds of
sale of the note in an interest-bearing guaranty account which
shall be utilized to guarantee the repayment of the loan purchased
by the lending institution. In case of default on payment ot the
promissory note, the lending institution may proceed against the
guaranty account and against the maker of the note utilizing any
remedies available under law. However, once the lending
institution obtains full payment on the promissory note, including
34
~
any legitimate costs provided for in the note, the note shall be
assigned to the CDC from which it purchased the promissory note.
(2) E1igible applicants for direct and guaranty loans shall
prepare and suhmit to the Department a loan fund procedure manual
acceptable to the Department which includes at a minimum the
following:
(a) The types of loans that will be made;
(b) criteria for participation and required collateral;
(c) Loan application forms;
(d) Underwriting criteria to be used;
(e) Sample closing documents; and
(f) The form and format of presentations to the loan
committee of the COCo
Specific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-30-84, Amended 5-5-85, Formerly 9B-14.18, Amended
5-4-86, Repromulgated 2-26-90, 12-19-90, Amended
9B-14.019 Direct Loan Program Participation Requirements.
An eligible applicant, in order to qualify for a loan for the
purpose of directly loaning said funds to a Service Area business
shall comply with and submit documentation demonstrating compliance
with Rule 9B-14.018(1) (a) and (2), F.A.C., and the following:
(1) There shall be binding commitments of non-state funds or
existing unencumbered assets for the Service Area business in a
ratio of 2 non-state dollars for every dollar of COCSAP funds.
Non-state dollars for this purpose means all funds other than
35
~
.. .
CDCSAP, which are adequate for capitalizing the husiness in
conjunction with CDCSAP funds;
(2) The committed funds shall be demonstrated to be adequate
for complete capitalization of the project:
(3) There shall be a loan by a commercial lending institution
to the Service Area business in an amount at least equal to, and a
term of repayment not shorter than the term of, the CDCSAP loan;
and
(4) The CDC shall enter into an agreement with a commercial
lending institution which provides that the lending institution
shall, as an agent of the CDC, collect the payments from the
business and remit the entire principal portion no less frequently
than annually directly to the Department, and the interest to the
CDC at a frequency to be determined by the CDC and the institution.
Specific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-30-84, Amended 5-5-85, Formerly 9B-14.19, Amended
5-4-86, 2-26-90, 12-19-90,
9B-14 .020 Guaranty IJoan Program Participation Requirements.
(1) An eligible applicant, in order to qualify for a loan for
the purpose of guarantying a loan made by the CDC and selling the
note to a commercial lending institution shall comply with and
submit documentation demonstrating compliance with Rule 9B-
1.4.018 (1) (b) and (2), F.A.C.
(2) The CDC shall submit an executed agreement with a
commercial lending institution that includes at a minimum:
36
. .
(a) An agreement to purchase the particular note made to the
CDCi
(b) An agreement to provide technical assistance to the CDC
in reviewing underwriting, loan collections and servicing, in the
closing of loans made by the CDC, including but not limited to the
perfection of security interests in collateral for those loansi
(c) An agreement by the CDC to place on deposit in the
lending institution an amount to be no more than 90 percent of the
face value of the note purchased. Those funds shall be held in an
interest-bearing guaranty account with the commercial lending
inst.itution. The commercial lending institution shall charge no
more than a four point spread between the interest rate of the loan
made to the borrower and the interest earned on the guaranty
account.
(d) An agreement by the lending institution to reduce
annually the amount of funds held in the guaranty account to an
amount no greater than 90% of the outstanding principal owed by the
borrower, and to remit that reduction of the guaranty account to
the Department unless otherwise provided for in the loan agreement
with the Department. The interest from the guaranty account shall
be paid to the CDC at intervals to be agreed upon by the lending
institution and the CDCi and
Sp~cific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-30-84, Amended 5-5-85, Formerly
9B-14.20, Amended 5-4-86, Repromulgated 2-26-90, 12-19-90, Amended
37
.~
9B-14.021 Terms and Conditions of Loans to par~icipating
CDCs.
(1) Direct Loan Program. No direct loan shall exceed
$250,000 and the term of repayment shall be no longer than the
term of the loan provided by the commercial lending institution, up
to a maximum of 15 years.
(2) Guaranty Loan Program. No guaranty loan shall exceed
$75,000 and the term of repayment shall not exceed the term of the
CDC's loan to the business, up to a maximum of 15 years.
(3) In state fiscal years 1991-1992 and 1992-1993, no CDC
shall receive in loans more than 40% of the total annual
appropriation for loans for that fiscal year. In state fiscal year
1993-1994, no CDC shall receive in loans more that 35% of the total
annual appropriation for loans during the first three quarters of
that fiscal year. In subsequent years, no CDC shall receive in
loans more than 30% of the total annual appropriation for loans
during the first three quarters of the fiscal year. In state
fiscal year 1993-1994 and thereafter, if all loan funds have not
been obligated by the end of the third quarter of the state fiscal
year, then a CDC may receive in loans up to 40% of the total annual
appropriation for loans for that fiscal year.
(4) Security/collateral for Loans:
(a) Loan Underwriting Analysis. Loan underwriting analysis
shall be conducted by the CDC and participating bank loan
committees. A detailed memorandum of the loan underwriting
analysis of the CDC loan committee shall be submitted to the
. . . ..
Department for approval. The 'underwriting analy~is shall include
38
consideration of the borrower's cashflow, credit worthiness, and
consideration of collateral and personal guarantees.
(b) The loan must be adequately secured to the satisfaction
of the Department, taking into account the collateral, lien
priority, guarantees, cash flow of the project and credit
worthiness of the borrower. At a minimum, there must be
unencumbered collateral equal to the principal amount of the loan.
(c) Personal Guarantees. The Department requires that, in
addition to pledging adequate collateral, all principals of a
corporation or partnership personally guarantee repayment of the
loan in full. This shall be evidenced by personal payment
guarantees which shall be contained in the loan application.
(5) Once the Department has certified that a CDC is eligible
under Rule 98-14.005, F.A.C., the CDC may submit applications for
guaranty or direct loans. Subsequent applications for guaranty and
direct loans may refer to previously established applicant
eligibility certification, provided that nothing has occurred which
would render that eligibility invalid. Such a reference should
include a certification of current eligibility in the form of a
board resolution.
(6) Where requested by a CDC with an outstanding CDCSAP loan
agreement or agreements, the Department may consider requests for
term extensions; renegotiations; consolidations of several loans;
or default workouts. criteria to be considered shall include, but
not be limited to, the following: CDC's level of loan activity in
the CDCSAP loan program, extent of losses incurred in the operation
of the loan" portfolio, experience level of staff administering the
39
J
CDCSAP loan fund, commercial lending institution participation on
loan committee and board of directors, satisfactory performance
under the CDCSAP grant, other loan activity with the CDC, the type
and liquidity of security offered and payment history of CDCSAP
loan portfolio. The Department may utilize such other criteria as
it deems appropriate in considering these requests on a.case-by-
case basis such as, but not limited to, terms requested, rationale
for request, and economic circumstances that may affect the CDCSAP
fund. Where amendments to the current loan agreement are approved,
the Department shall negotiate with the CDC a level of annualized
repayment which is satisfactory to the Department.
(a) Term Extension/Renegotiation. In the case of a request
for a term extension and/or a modification of the annual repayment
amount, such request may be granted by the Department where the CDC
has satisfactorily documented that the request is necessary to
permit the borrower to satisfy its obligation under the promissory
note and to prevent the loss of jobs. The CDC must provide
evidence of the borrower's repayment ability based upon the
extension request. A term extension to adjust the repayment date
within the same fiscal year, solely to permit the maturity date of
a guaranty account to coincide with or immediately precede the
repayment date for the loan from the CDC to the Department, shall
be.granted, provided that the total amount of the annual repayment
to the Department within that fiscal year is not reduced. An
extension cannot exceed the 15 year maximum term as defined in
section 290.037(6), Fla. Stat. (1989).
40
(h) Consolidation. A consolidation of several loan
agreements into one loan agreement for the sole purpose of having
one annual repayment shall be approved by the Department when the
CDC has satisfactorily demonstrated that the request is cost
effective and will not reduce the amount of the annual payments to
the Department.
(c) Default Workouts.
1. In the event the loan made by the CDC to the borrower goes
into default, the CDC agrees that it will promptly assert all
available rights and remedies, including instituting legal action,
against the borrower and against any collateral or any security
interest held by it in such collateral. Upon the filing of a law
suit, the CDC shall advise the Department of the forum in which the
complaint or petition is filed, the style and the case number and
the type of action filed. The proceeds obtained from any actions
against the borrower, the collateral, the security interest, or the
guaranty account shall be promptly remitted to the Department when
received by the CDC, in an amount not to exceed the balance due
under the loan.
2. In the event of the sale or failure of the business of a
borrower, the Department shall absorb a portion of the loss, as
provided in section 290.037(7), F.S. "Other comparable creditors",
for. purposes of this section, means all other creditors of the
borrower whose loan is secured by the same real or personal
prope~ty as the CDC's loan to the borrower. If there are no other
comparable creditors, then the entire loss on the remaining balance
owed by the CDC shall be absorbed by the Department. If a creditor
41
purchases the real or personal property at a judicial or
foreclosure sale, then the fair market value of said property, less
the price bid at sale, shall be included in the amount received by
that creditor on its loan. The proportion of loss to be absorbed
by the Department shall be that fraction which is equal to the sum
of the losses incurred by all secured creditors of the borrower
divided by the sum of' the original principal amount of all such
secured loans of the borrower, regardless of the priority of the
liens.
Specific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-30-84, Formerly 98-14.21, Amended 5-4-86,
2-26-90, 12-19-90,
9B-14.022 Ranking of Simultaneous Loan Applications. When those
conditions occur as described in Rule 9B-14.003(3) (b) F.A.C.,
scoring of the applications to determine funding priority shall be
based on evidence documenting compliance with the following
criteria. The Department reserves the right to reject inadequate
documentation and it will inform the Applicant in writing the
reasons therefor.
(1) Ratio of Non-State Funds. The ratio of non-state funds
shall be the ratio of total non-state funding to the loan amQunt
requested. The highest ratio shall be assigned a total of 100
points and the lowest a score of o. All other applications will be
assigned a score based on their relative position between these two
points.
42
---- ~-
..
\.
(2) Number of Permanent Jobs. The Applicant shall project
the number of new permanent jobs resulting from the project. The
application with the highest number of new permanent jobs created
shall he assigned a score of 100 and the lowest, a score of o. All
other applications shall be assigned a score based on their
relative positions between these two points.
(3) Efficiency Evaluation. The number of new permanent jobs
projected shall be divided by funds requested under Rule 9B-14.010,
F.A.C., in order to project the ratio of jobs generated to funds
requested. The resulting ratio shall be the raw score. The
highest score shall be assigned a value of 100 and the lowest a
value of o. All other applications shall be assigned a score based
on their relative position between these two points.
(4) For each application, the three scores determined above
shall be averaged. The application shall be ranked and funded
based upon those averaged scores and availability of funds.
Specific Authority 290.038, F.S. Law Implemented 290.037, F.S.
History - New 12-30-84, Formerly 9B-14.22, Repromulgated
2-26-90 12-19-90 Amended
, ,
9B-14.023 Contracts for Grants and Loans.
Once the Department has selected a grant or loan applicqtion
for funding, the Department and the CDC shall enter into a contract
which shall include, but not be limited to~ the following:
(1) Specified amount of grant or loan funds to be provided by
the Department;
(2)
Schedule of payments by the Department;.
43
" .:'"
(3) Standard assurances that the Act, thes.e rules and
other applicable laws and regulations will be complied with by
the CDC, including the requirement allowing the Governor to
appoint at least one board member;
(4) Budget for planned expenditure of the funds by the CDC;
(5) Reporting requirements;
(6) Specific monitoring and technical assistance
responsihilities of the Department;
(7) A loan fund reimbursement schedule, if applicable;
(8) The specific eligible activities to be funded, based
upon the approved application;
(9) Sample promissory notes and security instruments to be
utilized in a proposed loan transaction;
(10) Penalty for non-compliance with terms of contract;
(11) Conditions for termination of the contract
for noncompliance; and
(12) Other conditions appropriate to sound contract and
public fiscal management principles and practices. .
Specific Authority 290.038, F.S. Law Implemented 290.038, F.S.
History -New 12-30-84, Formerly 9B-14.23, Repromulgated
2-26-90, 12-19-90,
9B-14.024 Rights Reserved by the Department. The Department
reserves the right to:
(1) Use information other than that contained in the
application to make the determination of eligibility for funding,
so long as that information is made available to.the applicant;
44
>. . ,~'~~:(q;.<f'''''' ."
.
(2) Examine any records of the applicant or recipient CDC, as
well as the financial records of any enterprise or business funded
.
by the CDC, and establish monitoring and reporting procedures or
condition of the contract:
(3) Waive, for good cause, any requirement of these rules
which is not mandated by the Act, with the exception of deadlines.
Specific Authority 290.038, F.S. Law Implemented 290.038, F.S.
History - New 12-30-84, Formerly 9B-14 .,24, Repromulgated
2-26-90, 12-19-91, Amended
.
9B-14.025 Interagency Cooperation.
CDCs, or groups considering establishment of CDCs, are
encouraged to utilize, in addition to the technical assistance
resources of the Department, the resources of a staff of local
government economic and community development departments, other
existing CDCs and other public or private resources. Nothing in
these regulations shall preclude inter-CDC activities such as joint
ventures and joint applications for projects in a Service Area.
Specific Authority 290.03B, F.S. Law Implemented 290.038, F.S.
History - New 12-30-84, Formerly 98-14.25, Repromulgated
2-26-90, 12-19-90, Amended
9B~14.026 Deadlines Construed.
Throughout these rules, where deadlines or time frames have
been established, hand delivered or postal receipt by 5:00 p.m. of
the designated date shall be considered compliance.
45
"
""t;.""'.",'
't" "r', , _'..
,.~.~ .,. ",,!., '';'
Specific Authority 290.038, F.S. Law Implemented 290.038, F.S.
History - New 12-30-84, Formerly 9B-14.26, Repromulgated
2-26-90, 12-19-90,
NAME OF PERSON ORIGINATING PROPOSED RULE: Rosa Morgan,
Administrator, Economic Assistance section.
NAME OF SUPERVISOR OF PERSON WHO APPROVED THE PROPOSED RULE:
Pat Pepper, Director, Division of Housing and Community
Development.
DATE PROPOSED RULE APPROVED:
46
. ~ ". .,., ~'., 'I. I,' \; A 1\ ,. /" . " / \ , .. \, l 1 ,;
- &1"': (. ,.~ '1.1',j" 'I ::. ',.( ''i ., . -., " '''.f ,J.mb '2'* '91\., , .' '/" . - I "\, I' \' ~'" '. "
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EXHIBIT C
Cities and Ban/ling
PalAtners in Community Investment
!Jy fronk Shofroth
Last werk I~rtsidtnt-dect {Jj{/ Clinton sllld ''I'm going to
dtuott a lot of alltntion to tht condition of tht banking 'sY5t~m
in this country and tht pottntial impact of tht new capital
T'tqllirem~ntlJ coming in on Decf:mber 19. aud make a Judgment
on that. A.. soon as 1 do, I'll be glad to short! it with you, ~
Indeed, the President.elect hw made clear his determination
to suk challges in the rwtion', banking laws so that federally
insured financial institutions can be a catalyst {or economic
opportunities in distressed cities and towns,
//e wants to create a network of at least one hWldred commu.
nit.v devtlopmmt banks to provide small loons to low. income
entrepreneurs and homeowners in rural tou'ns and inner cities.
lle wants to link the creatwn of these new community lending
institutions to tougher enforcement of the Community Reirwest-
ment Act (ClW and the crcation of inc<:ntives to i'll'e.,t capital
in the new community development banks.
This is the last in a three.part series about th(' state of the
nation's banking communities and their relaJionship to the
nation's cities and towns_ This part will focus on baTIk commu-
nity del.elopment corporations, or what the chairman vf olle of
the nation's cities' oldrst community development banks calls
"The new old.fashioned ballking, ~
Reversing Capital flight
nonald Grzywinski, the
chainnan of the board of the
Shorebnnk Corporation, a
community development. bank
in Chicago that President-
elect Clinton has cited as a
model for his proposal, wrote
in the Harvard Business
Review last year:
"Most communities like
South Shore-nnd there are
hundreds like it nil over
America-experience a net
outflow of residents' savings.
People make deposits at. their
local bank or sllvings and
loan, the institution puts a
good deal of money into secu-
rities to improve its liquidity,
then it lends the rest outside
the neighborhood ill areas
where it believes it has /l
lower risk. Essentially, the
savings of poor com m1.lnities
flow out to more affluent com-
munities.~
R.'1ymond Lenz.i, a special-
ist in community development
finance at the University of
Missouri in Columbia
describes this phenomenon
from a rurnl perspective as
.Capital Flight," Lenzi
desc ribes capita I fligh t as
when banks systematiClllly
choose government treasuries
and low-risk bonds over local
loans as an investment strate-
gy. J.l!nzi's studies indicate
Hint rural towns typically
have bank loan-to-deposit
ratios 30 percent below metro-
politnn arens, That is, n
much sma lIer proportion of
~1):,
deposits from those communi-
ties are reinvested back into
the community as loans. lie
describes these loan ratios a5
"serious disinvestmcr. t proh-
lems indicative of a larger
nationnl problem-the sys.
tematic disinvestment in
many rural arens."
CDCs: New Old.fashioned
Banks
As the new Clinton admin-
istration looks at the persis-
tent pntlems of disinvestment
and seeks to find new wnys to
both encourage banks to rein-
vest in their own communities
and to enforce fedcro I laws
prohibiting discrimination,
the President-elect has
already made clear he will
propose changes in federal
banking laws to encournge
the development of a nntion-
wide network of community
development hanks. These
would b~ mocll\led after a
number of new financing ini-
tiatives such as the South
Shore Bank in Ch icngo, the
i\liami Business Assistance
Consortium, or tlie Southern
Development Bancorpora lion
in Arkansas,
The growth of hank com-
munity development corpora-
tions has been dramatic in
recent years, The number
has grolYn to over 150 now
compared to approximal.cly 65
LIS recently as 1990. 'The
growth mirrorJ; the economic
hardships facing many com-
munities and the failure of
traditional financial institu-
tions and pro{,'T'llms to address
the problerns Bnd needs of
hundreds of cities and tovms.
In Los ^ngeles, as part of
its efforts to recover from the
civil disturbances that darn-
nged or destroyed more thnn.
half of the 9000 alrected busi-
neSSes, the city is working to
create n community develop-
ment bank. The city is seek-
inr: to leverolle 115 much as
$20 million in private ('upital
for loans for new and existing
small businesses.
Grzywinski describes his
development bank as a throw-
back to the orillinal concept of
a bank. I lis blink believes in
geographic service arens-
that is that blinks have local
arens and that they owe those
meus service. It Oleans know-
ing the borrower, the neigh-
borhood, property values, and
the economic environment. It
means tough credit standards
and close monilorin!: of the
projects to which it lends,
Community development.,
banks target ng!!ressive ver-
sus passive hunk lending and
investment I1ccording to
Lenzi. They brget new llI1U
expanding businesses; they
provide subordinate loans on
riskier projects; llnd they
make equity investmr>nts in
addition to debt financing.
What Are Community
Development Corporonons
(CDesj?
Bank CDCs are community
developmen t corporation s
owned in full or in part by a
bank or banks, provided the
primary purpose is communi.
ty development for the benefit
of low and moderate income
families, Banks may invest up
to five percent of their capitnl
in a CDC. A community
development bank would,
thus, include a fedNally.
insured bank and a CDC, so
that it could take deposits,
make mortgages and small
business loans, make equity
investments in sm[l)] busi-
nesses, micro-loans, provide
insurance sl'rvices, and
undertake other, non-tradi~
lional community develop-
ment activities.
Bank CDCs cnn mnke
investments not normally per-
milled by federal bankinll
regulators, such as eCjuity
invest mf!nts in rra! estate nnd
1.,Tt' .
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. BankIng Consultant Scheduled for
: . Congress of Cities Workshop .
~. , ,
, .' I
. Chdrlcs Rial,' Managing Dlrecto'r of Shorebank .
Advisory Sarvi~e$,'Q subsidiary consulting fjrm of Ih~
corp6ratlorl that offers technical assisiance on deve~ .
opment banking and other economic development '.
strategies, will be' a panelist on the plenary session on
"Development and Design," on Tuesday, December 1 .
at 9 a.m'l and will 0150 servo on a workshop IfTlmed~-
otely oFter,' ~IUsing eRA to meet your economic devel-
opment needs,".
, .
small bUf>inesses, if there arc
public benp.fjts involved-
~uch 85 n('fordahle housing,
economic development, or
smllll business financing,
These 108ns or investments
are con sid ered favorably
towards meeting Community
Heinvestrnent Act (eRA)
"'quirl!menls. They represent
fonnnl bunk-community. part-
ne'rships. Bot.h urban nnd
rural CDCs seek to improve
the social and economic condi-
tions of the communities they
serve through employment or
income stabilization and/or
housing improvements.
Three elements npppar to
he critical for n CDC to be suc.
cessful. First, the b[lnk must
use credit to leverage the
energies of local residents,
Second, the bank must. pro.
vide and control the capital
resources necessury for It com.
prehensive development pro.
gram. And Hurd, the bank
must be self-sustnining-not
subject to Yl'ar-by-year ~lInls
or governm<>nt funding,
South Shore sought to
rebuild the confidence of its
community and to resulrt p. i-
vate market forces. It crNlted
a synergy in the neighbor-
hoods it served by taq:p.ling
nil of its loans. It found that
the loans led to renovation
which crented concentric cir.
c1es around its ('ore nrp.[I of
rescued buildinr:s and fnmi-
lies. The bank makes money,
Even though it. serves nn
inner city, it has /I loan failure
rute well hclow the national
average.
Clinton Bonks on Banks
The President-elect stnted
t.hat rethinkinJ,l the nation's
hanking system to insure that
hnnks are intcr;rnl partners
with citif!s is a high priority
and one to wh ich he intends
to devote significant time IInd
attention,
Lost year, S('n, Alan Dixon
. 'I'"
(D-III) proposed change~ in
federal banking laws to
strengthen CRA and to
cncournge the crelltion of
CDCs. Even though Sen.
Dixon was defented in his bid
for re-election, his proposals
arc likely to live on.
Hf! proposed to expand
eRA to include every finan.
cial institution extending
credit 10 t.he general public,
including insurance compa.
nics and finance companies,
He proposed to put CRA
enforcement in the hands of
the Federal Trade Commis.
sion instead of the federal
hllnltin!~ reg'uliltory ngencies,
And he !proposed that as nn
alternative way for banks to
meet eRA requirements, they
could muke equity invest-
ments in community develop.
ment banks-provided such
hanks meet toughened CRA
tests.
GrzywinsJd wrote that the
new administration should
grant commercial bank~ the
new privilf!r,es they arc seek-
ing, such ns interstate
branching, mutual fund man-
agement, and securities
underwriting, but only to
those hanks llwt demonstrate
"the most exemplary perfor-
mance in meeting the credit
lIeecls of their commullil.y ser-
viee areas:
In other words, we should
link bnnking privileges to
ench blink's performanCf! in
achieving bronder domestic
public policy objecti\''.l':;. The
bnnkers who achieve the l.)Cst
results in community develop-
ment should he rewarded
with competitive ndvnnUigc in
the markel-place-the oppor-
tunity to expand nnd to offer
profitable but otherwise pro-
hihited services."
Or, as the President-elect
has snid, to return to the "rad-
ical idea that blinks ought to
make loans to people who
deposit in their bnnk." II
, I J \, \ I. . ", I I I I '" f 1 , . f" \ J., \ . \ I \ . 1 I ',II . \ t . \ . 1\ " \. '.' : / .,J t
CITY OF CLEARWATER
Interdepartment correspondence
TO:
Michael Wright, city Manager
SUBJECT:
Enterprise Zone
Directqs
FROM:
Jerry sternstein, Economic Development
DATE:
October 27, 1992
The section of the Florida statutes referenced by commissioner
Deegan (FS 163. 345 2) has been superseded by Chapter 290. 001 -
290.015 Florida Enterprise Zone Act.
Under current legislation, in order to extend Enterprise Zone
incentives to the eRA, a formal request for a boundary change must
be made to the Department of community Affairs, state of Florida.
This must include a detailed justification for the change. Any
boundary change must comply with Enterpr ise Zone regulations,
specif ically the distress rating cr iter ia and supporting census
tract characteristics. The attached 1989 Boundary Change request
illustrates how complicated the process can be. There is no
guarantee that the state will approve the change and if they do, a
portion of the present Enterprise Zone may have to be deleted.
It should be noted that there are state incentives applicable for
use in Enterprise Zones but not limited to such zones. An example
of this, is the Job Tax Credit which is the most frequently used
incentive. I am attaching a summary of state Incentives unique to
the Enterprise Zone as well as those that can be used outside such
zones.
Some Florida communities adopt additional incentives for their
Enterprise Zones. The most popular local incentives are property
tax abatement, occupational license fee abatement and utility tax
abatement. Clearwater could adopt such incentives for its
Enterprise Zone and for its eRA district.
Your response/input is welcome.
ENC:
Florida statute 163.345
Florida Enterprise Zone statute 290.001
city of Clearwater Enterprise Zone 1989 Boundary Change
Rosa Morgan, Enterprise Zone Coordinator, Memo
state Incentive Programs Unique to the Enterprise Zone
~ . .!"o " '
',; ~ : '." .
m CJVflNIE14 01:" SJ'I\TE ]~l'lVE nmt1\MS LNICtJE ~lO '!lIE ENJ.ERPlUSE ZCN~
Enterprise Zone Property Tax Credit
New/expanded businesses located in fllterprise Zone are allowed a credit on
Florida Corporate Inco.ne Tax equal to 96% of the ad valorem taxes paid on the
property.
At least 20% of the firm's avployees must reside in the Enterprise Zone.
EXpanded businesses must establish at least 5 additional jobs.
Must have an assessment on the property in order to take advantage of the
program.
Sales Tax Exemption for Building Material Used in ~lterprise Zone
This is for rehabilitation only.
Sales Tax Exe~ption for Business Property Used in Enterprise Zone
^ refund is available for taxes paid on the purchase of certain business.
property - office equipment, warehouse equipnent, etc., which is used
"exclusively" in the Enter-prise Zone.
^t least 20% of a firm's employees must be residents of the Enterprise Zone
for 90 days before and after the purchase of the business property.
Sales Tax ~emption for Electrical Energy Used in Enterprise Zone
100% sales tax abatement is available to businesses located in the Enterprise
Zone on pur-chase of electrical energy. 20% of the firm's employees must
reside in the Enterprise Zone.
The local municipality must pass an ordinance to exempt Enterprise Zone
businesses from 50% of the municipal utility tax.
SfNIE nmlflVE Pru:xaW1S APPLICABLE fffi USE: J N ENI'ERPRISE ZCNES Bur NJf
Llr-lITED 10 SOCH Za.JES
COlnnWlity Contribution Tax Incentive J2f.29ram
Al.lo\'IS businesses anywhere in Florida a 50% credit on Flor ida corporate income
tax for donations to local comnunity development projects.
Donations must be mad~ through an eligible non-profit corporation.
For Enterprise Zone participants, the projects can be [or new construction or
rehab. . For example, neighborhood hous 1.ng in the N. Green\..,ooc1 are sponsored by
the C0n111uni ty Development Corpora tion would be eligible under this program
- A_
Enterprise Zone Jobs Tax Credit
Allows businesses anywhere in Florida a 15% corporate income tax credit on
wages paid to new enployees from the following sponsors; enterprise zone
residents, AFDC recipients, and JfPA participants.
Credit Against Sales Tax for Job Creation
Allows businesses anywhere in Florida who collect or pay Florida sales and use
tax a rronthly credit against their tax due on wages paid for new,eJnployees
from enterprise zone, A.FD: recipients or JTPA participants. I". '
, . . >
While this incentive can be anYV/here, if it is a business located within an
enterprise zone, there is a two year eligibility; if outside the zone, one
year. This credi t cannot be used if the Enterprise Zone Jobs Tax Credi t is
used. Cannot swi teh between a Sales Tax Credi t and a Corporate Tax Credi t.
Incentive programs for use exclusively within the Enterprise Zone and those
which have applicability to the zone all have rules and regulations which must
be understood and complied with by the participants. For example, the Credit
Against Sales Tax for Job Creation, while not tied \.:0 location within the
enterprise zone does provide for a two year credit for enterprise zone
locations as opposed to a one year credit for locations outside the zone. It
is not a retroactive program. The employer must file in the month in \-lhich
the employee starts work and the employer must corrmit to using the sales tax
credit or Enterprise Zone Jobs Tax Credit (corporate tax) but not both.
Those businesses wishing to use the Enterprise Zone Property Tax Credit must
first have their property assessed before the can take advantage of the
program.
Once the city publicizes the incentive programs and makes a certification of
enterprise zone residency \o-lhere necessary, the responsibility for record
keeping and compliance rests with the State and the local participant.
In an overall sense, none of the programs is advantageous to non-corporate
business entities - such as sole proprietorships or partnerships - because
these entities are not taxed in Florida.
~
~if .
. .
ID
EXHIBIT A
. ..
. .
Dt... 0 E. 20IVE 8D U rVDA~ Y
,.;:' ~,' " '
:'. ...~, "'- < ''. .~
ENTERPRISE tONE STREET ADDRESSES
All street numberG furnished are inclu9ive unless noted
as follows:
. - odd numbers only
.~ - even numbers only
Street
Alden Avenue
~etty Lane North
Booth Avenue
Brownell Street
Drowns Court
Carlton Street
Chestnut Street
Cleveland Street
Cleveland Street Northeast
Court Street
Drew Street
Eastrnoor Avenue
Eldridge Street
Engman Street
Ewing Avenue
Fairburn Avenue
franklin Street
Greenwood Avenue North
Greenwood Avenue South
Gould Street
Grant Street
Grove Street
Harbor Drive
Holt Avenue
Joness Street
Jurgens Street
LaSalle Street
Laura Street
Madison Avenue North
Madison Avenue South
Maple Street
Marshall Street
~lartin Luther King Avenue
Metto Street
Missouri Avenue North
Missouri Avenue South
Monroe Avenue
Myrtle Avenue North
Myrtle Avenue South
Nicholson Street
CLD I:E. ZLJJJ~ A D DR.~5SGS
Nuusbers
600 - 712
1000 - 1300 ltdlt
9 - 132
1106 - 1196
1183 - 1195
609 - 1133
800 - 900 ..
801 - 1198
1121 - 1199
800 - 915 & 100 - 1192 ~A
622 - 710 A & 801 - 1187 ..
1000 - 1045
700 - 1168
802 - 1278
109 - 414
1000 - 1223
806
103 - 1500
5 - 425
1107 - 1195
803 - 1133
801 - 1199
}qOq - 1508 *-*
1101 - 1221 'It
625 - 711.
798 - 914
703 1165
931 - 1030
1000 - 1514
6 - Q30
706 - 1166
601 - 1175 1\
1201
800 - 1014
600 - 900 .~ & 1000 - 1044
10 - 400 It.
1400 - lq15
200 - 1111'& 1208 - 1210 ~*
11 1 30 J - 1 411 ·
23 - 105 '1\
701 - 919
i
...
25
. .
":.
<
,
J
,
.;
.i
[
j
1
I
.
j
i
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ENTERPRISE ZONE STREET ADORESS~S - Pag~.2
Street
Park Street
Palm Bluff Street
Palmetto Street
Pennsylvania Avenue
Pierce Street
Prospect Avenue ~orth
Prospect Avenue South
Roosevelt Avenue
Russel Street,
Seminole Street
Tangerine Street
Vine Avenue
Washington Avenue South
West Avenue
CX-o G.. ZCJNIE AOf)~G:SJIES
'.
Huznbers
801 - 1007
703 - 116~
901 - 1199 & 1200 - 1250 ..
600 - 1500
805 1161
135
103 !j09
1202 - 1413
1150 - 1181
700 - 1168
1104 - 1201
600 - 1017
6 - 319
1001 - 10~5 11
26
,.
.'
Ch. 163
._ .".u'__ _.__~.TE~9()~,t~_~_~M~~!~~._P..flq9R~!v1~___.____ .___.__.~~~ 1991
(bl The functIons relaled to the acqUls:tlon and dls,
posa! 01 rCrtl properly pursui'lnt to s. 163370(3).
(13) 'Renl proper ty' means all lands, including
improvements a'ld fixtures thereon, and property of any
nature ilppurlenant Iherelo or used in connection there-
with and every estate, intere~t. right. and use. legal or
eqllltable, therein, Hlcludlrlg but not limited to terms for
years and hens by way of judgment, mortgage, or other-
wise.
(14) 'Bonds' means any bonds (including refunding
bonds). notes, interim certificates, cerllflcates of indebt-
edness, debentures, or other obligations.
(15) 'Obligee' means and includes any bondholder,
agents or trustees lor any bondholders, or lessor demis-
ing to the county or municipality property used in con-
nection with community redevelopment. or any
assignee or assignees of such lessor's interest or any
part thereol. and the Federal Government when it is a
party to any contmct with the county or municipality.
(16) "Person" means any individual. firm, partnership.
corporation, company, association, joint stock associa-
tion, or body politic and includes any trustee. receiver.
assignee, or other person acting in a similar representa-
tive capacity.
(17) "Area of operation' means, for a county, the area
wtlhin the boundaries of the county, and for a municipal-
ity, the area within the corporate limits of the municipal-
ity.
(18) "Housing authority" means a housing authority
created by and established pursuant to Chapter 421.
(19) "Board" or "commission" means a board, commis-
sion, department, division. office, body or other unit of
thl3 county or municipality.
(20) "Public officer" means any officer who is in
charge of any department or branch of the government
of the county or municipality relating to health, fire, build-
ing regulations. or other activi:ies concerning dwellings
in the counly or municipality,
(21) "Debt service millage" means any millage levied
pursuant to s, 12, Art. VII of the State Constitution.
(22) "Increment revenue- means the amount calcu-
lated pursuant to s. 163,387(1).
Hlslory.-5. 3, ch. 69-305.5. I. ch. 77-391.5 1, ch 61-44; s 3. eh 8.l231; 55
2,22. ch 84-356, s. 63, ch. 65-1 DO: 5. 72, ch 67 -243. 5 33. ch. 91-45.
163.345 Encouragement of private enterprise.-
(1) Any county or municipality, to the greatest extent
it determines to be feasible in carrying out the provisions
of this part, shall afford maximum opportunity, consist-
ent with the sound needs of the county or municipality
as a whole, to the rehabilitation or redevelopment 01 the
community redevelopment area by private enterprise,
Any county or municipality shall give consideration to
this objective in exercising its powers under this part,
including the formulation of a workable program; the
approval 01 community redevelopment plans, communi.
tywide plans or programs lor communily redevelop.
ment, and general neighborhood redevelopment plans
(consisten t with the general plan olthe county or munici-
pality); the exercise of its zoning powers; the enlorce.
ment of other laws, codes. and regulations relating to the
use of land and the use and occupancy of buildings and
improvements; the disposition of any property acquired;
and the provIsion of necessary public improvements.
(2) In glVlr19 consideration to the objectives outlined
In subsection (1), t he county or municipality shall con.
Sider making available the incentives provided under the
Florida Enterprise Zone Act of 1982.
Hlalory.-s 4. eh 69-305. ~ 4. ch 63.231
163.346 Notice to taxing aulhorities.-Before the
governing body adopts any resolution or enacts any
ordinance required under s. 163.355. s. 163,356, s.
163.357, or s. 163.387; creates a community redevelop.
ment agency; or approves, adopts, or amends a cOrnlnu.
nity redevelopment plan, the governing body must pro.
vide public notice of such proposed action pursuant to
s. 125.66(2) and (4) or s, 166,041(3) and, atleasl15 days
before such proposed actiorl, mail by registered mail a
notice to each taxing authority which levies ad valorem
taxes on taxable real property contained within the geo.
graphic boundaries of the redevelopment area.
HlslOry .-5 6. ell B4-35f-
163.350 Workable program.-Any county or munlci.
pality for the purposes of this part may formulate lor the
county or municipality a workable program for utilizing
appropriate private and public resources to eliminale
and prevent the development or spread of slums and
urban blight. 10 encourage needed community rehabili.
tatioll, to provide for the redevelopment of slum and
blighted areas, to pro'Jide housing affordable to resi.
dents of low or moderate income, including the elderly,
or to undertake such of the aforesaid activities or other
feasible county or municipal activities as may be suit.
ably employed to achieve the objectives of such work.
able program, Such workable program may include pro.
vision for the prevention of the spread of blight into
areas of the county or municipality which are free lrom
blight through diligent enforcement of housing, zoning,
and occupancy controls and standards; the rehabilila.
tion or conservation of slum and blighted areas or por.
tions thereof by replanning. removing congestion, pro-
viding parks, playgrounds. and other public improve.
ments, encouraging voluntary rehabilitation, and com.
pelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevel-
opment of slum and blighted areas or portions thereof.
Hlslory.-s. s. ch. 59-305. 5 3, ch. 84-356
163.353 Power of taxing authority to tax or appro-
priate funds to a redevelopment trust fund in order to
preserve and enhance the tax base of the authority.-
Notwithstanding any other provision 01 general or spe-
cia I law . the purposes for which a taxing authority may
levy taxes or appropriate funds to a redevelopment trust
fund include the preservation and enhancement of the
tax base of such taxing authority and the lurthering of
the purposes of sucl1 taxing authority as provided by
law,
Hlatory,-s 21. ch 84-356
163.355 Finding of necessity by county or munici-
pality.-No county or municipality shall exercise It.p.
authority conferred by this part until after the governing
body has adopted a resolution finding that:
(1) One or more slum or blighted areas, or one or
more areas in which there is a shortage of housing
1022
F.S, 1991
-_.~~------~.
af fordabl.
including
ity; and,
(2) Th,
ment, or a
necessar,
rnorals. 0'
municipai
Hislory.-s
'-'
~.
163.356
agency.-
(1) Up:
163.355, a
lor a coml
the count,
redevelop,
rnunicipalil
Hic to be k
cy." Each!
instrument
velopmenl
shall be d(
essential !
ment agel
wilhin the
and when
resolution
plan prop!
(2) Wh
declaring
agency. III
of commi!
agency. \0\
mor e than
tlle commi
of the me!
serve tern'
date 01 thl'
be design;
of their al
term shall
(3)(a) I
lion for hi:
expenses.
charge 011
until his 51
lied. A cer
of any con
county or r
eVidence (
cornmissio
(b) Thl
agency Sl
thereof. A
quorum 10
exercising
purposes.
vole of a n
in any caSt
son may b
Is engage!
ness, prac
. ..
r~""""""'"
, l. "." .:.' l' '~.." ~~" ,.,
~<
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:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 32399-2/()O
LAWTON CHILES
L1NOA LOOMIS SHELLEY
Sl'crelary
Governor
....~ "'
"
. :
"-.. t .,"'J..
i 'i " :-.
\w \.. ft.
'.
October 22, 1992
TO:
Jerry sternstein~
Rosa MOrg~~
Enclosed Enterprise Zone statute
FROM:
SUBJECT:
Enclosed is the copy of the Enterprise Zone statute from
1982. You may wish to review the sections I have highlighted.
Although this statute has been repealed, the City of Clearwater
may wish to include any incentives mentioned 't~hich it does not
have at this time.
If you have any questions, please call me at (904) 488-3581.
Innm
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVElOPMENT. RESOURCE PLANNING AND MANAGEMENT
,..' ,0 .
8. 290.004
1982 SUPPLEMENT TO FLORIDA STATUTES 1981
s. 290.008
and in which conditions endangering life or property
by fire or other causes exist or in which one or more
of the following factors exist which substantially im-
pair or arrest the sound gro.....th of a county or munic-
ipality and is a menace to the public health, safety,
morals, or welfare in its present condition and use:
a. Predominance of defective or inadequate street
layout.
b. Faulty lot layout in relation to size, adequacy,
accessibility, or usefulness.
c. Unsanitary or unsafe conditions.
d. Deterioration of site or other improvements.
e. Tax or special assessment delinquency exceed-
ing the fair value of the land.
f. Diversity of ownership or defective or unusual
conditions of title which prevent the free alienability
of land ,",.jthin the deteriorated or hazardous area.
(b) "Department" means the 2Department of Vet-
eran and Community Affairs.
(c) "Secretary" means the secretary of the 2De-
partment of Veteran and Community Affairs.
(d) "Governing body" means the councilor other
legislative body charged with governing the county or
municipality.
(2) This section shall stand repealed on Decem-
ber 31, 1986.
lIill'lor\'.-s. I. eh. 1\2.119.
':-ll>\~."': Till' phrasl' - A~ U5fd in 55, 29il.OO1. 2!lO.0l2. the ll'rm~ was in~l'rtl'd by
lh.. rd llllrs.
'Nl>le.-SH's. 4. ("h. 82.:187, whi("h ehanKrd the name of lhe Departmenl of
VetNan and CommunilY Affairs to lhe [)f'porlment of Communil)' Affairs.
290.005 Local designation of enterprise
zones; application for state approval.-
(1) Any county or municipality may create an en-
terprise zone throu~h adoption by the governing
body of a resolution finding that:
(a) One or more areas exist in such county or mu-
nicipality which exhibit the characteristics of an en-
terprise zone; and
(b) The rehabilitation, conservation. or redevel-
opment, or a combination thereof, of such area or ar-
eas is necessary in the interest of the public health,
safety, morals, or welfare of the residents of such
county or municipality.
(2) Upon adoption of the resolution as provided
in subsection (1), the governing body shall make ap~
plication to the department, in such form as the de-
partment may require, for state approval of the des-
ignation of an enterprise zone.
(3) This section shall stand repealed on Decem-
ber 31, 1986.
Ilislory.-s. I. eh 8'!.1l9.
.. (
P'i
~~,
290.006 State approval of designated enter-
prise zones.-
(1) Upon application of the governing body of a
county or municipality, the department shall deter-
mine if the areas designated by the governing body
are appropriate for the purposes of 55. 159.2i(l9),
220.181. and 220.182.
(2) The department shall promulgate any rules
necessary solely for the approval by the secretary of
areas appropriate for the purposes of 5S. 159.2709),
220.181, and 2~0.182. Such rules shall provide for
consideration of the following factors, when appro-
priate, but shall not he limited to these factors:
~
...
~
(a) The percentage of housing units in the area
built more than JO years a~o.
(b) The percentage of year-round housing units
in the area that are vacant rental housing units.
(c) The percentage of housing units in the area
that lack some or all plumbing facilities.
(d) The per capita income in the area.
(e) The percentage change in per capit.a income
in the area from the prior year to t.he current year.
(f) The percentage of the population in the area
that is over the age of 65 and the percentage that is
under the age of 18.
(g) The unemployment rate in the area.
(h) The percentage of the population in the area
with incomes below the poverty level.
(i) The per capita taxable value of'property in the
area.
U} The percentage change in per capita taxable
value of property in the area from the prior year to
the current year.
(k) The per capita local taxes levied in the area.
(3) This section shall stand repealed on Decem-
ber 31, 1986.
Hifitory.-l;. I, ("h. 82.119.
290.007 Incentives and programs available
in enterprise zones.-
0) STATE INCENTIVES AND rHO.
GRAMS.-The following incentives and programs
are provided by the state to encourage the revitaliza-
tion of enterprise zones:
(a) The economic revitalization jobs creation in-
centive credit provided in s. 220.181.
(b) The economic revitalization tax incentive
credit provided in s. 220.182.
(c) The community contribution tax credit pro-
vided in s. 220.183.
(d) The community development corporation
support and assistance program provided in ss,
290.030] -290.038.
(2) LOCAL INCENTIVES.- The following in-
centives are available from local governments to en-
courage the revitalization of enterprise zones:
(a) Economic development ad valorem tax ex-
emption pursuant to s. 196.1995.
(b) The use of industrial revenue bonds pursuant
to the Florida Industrial Development Financing Act.
(c) Tax increment financing pursuant to part III
of chapter 163.
(3) This section shall stand repealed on Decem-
ber 31, 1986.
Hilitor....-.J. I. rh 8~.119.
ci -part if uf rho IS9 fl",id. Industrial [)~vel,'pment finanClI1t: Act.
290.008 Federal enterprise zone programs;
application.-
(1) Upon enactment of enterprise zone legislation
by the Con~ress of the United States and approval by
the President of the United States, the department
shall prepare and submit, in a timely fashion. all in-
formation and forms necessary to permit eligible en-
terprise zones approved pursuant to s. 290.006 to be
considered as eligible areas under any similar federal
program.
(2) This section shall stand repealed on Decem-
ber 31, 1986.
Hi&tory,-s. I. eh 82.119.
~
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8
a
338
.~ ...
--.I!l...-
.
;.,
'v
~90.tQ08
,~290,009 ___-lli~2 SUPPLEMENT TO FLORIDA STATUTES 1981
s. 290.036
. he area
290.009 Assistance of certain departments
rl"quired.-
(l) The Department of Commerce, the Depart-
ment of Lahor and Employment Security, the De-
partment of Revenue, and the 'Department of Veter-
an and Community Affairs shall assist in the imple-
mentation of this chapter together with the incen-
tives and programs listed in s. 290,007, to the extent
that sllch assistance, including t.he provision of infor-
mation about ss, 290.001-290.012 and its components
to interested persons, is consistent with the powers
and duties of such departments as established by
general law.
. (2) This section shall stand repealed on Decem-
ber 31, 1986.
lIi~tory..-~.l.rh 82.119.
'~ote,-Set' I 4, rh. 8:.!.~R~. whirh rhan~ed thl' nvme of the nepartment (If
\'eleran uwl Community Affair. I.. lite Department of Communlly Af(ulr&.
;lg unit.s
tits.
the area
I income
,t year.
the area
.e that is
the area
-ty in the
I taxable
r year to
he area.
, Decem-
290.012 Saving clause.-
(1) Any area designated a slum or blighted area
pursuant to s. 163.355 and approved by the depart-
ment pursuant to s. 220.181 (6) or s. 220.182(9) prior
to July 1, 1982, shall be deemed to he a designated
and approved enterprise zone pursuant to s. 290.006.
Any area designated a slum or blighted area pursuant
to s. 163.355 for which application has been made to
the department prior to July 1, 1982, shall be deemed
to be a designated enterprise zone pursuant to s.
~90.005.
(2) This section shall stand repealed on Decem-
ber 31, 1986.
IIislor)'.-~. \, rho 8'2.119.
,,'uilable
PRO-
lrograrns
e\'italiza-
290.0301 Short titIe.-[Transfcrred from s.
288.601 by the reviser.]
290.0311 Legislative findings.-[Transferred
from s. 288.602 by the reviser - ]
290.032 Policy and purpose.-[Transferred
from s, 288.603 by the reviser.]
edit pro-
poration
,>d in 55.
.wmg In-
,ts to en-
.s:
.1 La:, ex-
290.033 Definitions.-As used In this act, lthe
term:
(1) "Department" means the ZDepartment of Vet-
eran and Community Affairs.
(2) "Community development corporation"
means a community-based organization which con-
ducts or financially supports revenue-generating
business with the purpose of economic and social de-
velopment of its community, based in a specific geo-
graphic area, controlled by residents, and committed
to enhancing community well-being, and which may
also be known as a "CDC."
(3) "Fund" means the Community Development
Support and Assistance Fund.
(4) "Project" meam a public and private activity
or series of activities, designed to be carried out in a
specific, definable location, that achieves objectives
which are consistent with the provisions and intent of
this act.
(5) "Secretary" means the 3Secretary of Veteran
and Community Affairs.
(6) "Service" area" means the entire area in which
a community development corporation operates.
pursuant
lcing Act.
) part III
:1 Decem-
Act.
.ogrllms;
~gislation
proval by
partment
In, all in.
igible en-
J06 t.o be
~ federal
:1 Decem-
- ft'J
~.,~~... .
.....~,".~I.. J' '..
~""'"?~~~'I":':~': ~'. .
!;,
(7) "Target area" means that portion of the ser-
vice area in which, as II result of substantial condi-
tions of blight and economic depression, there is to be
a concentration of projects and activities and loan
funds are to be used.
Hi.lor)'..-~ 4. ch 1\0.2:.0., ~i, rho 8\.167,' to, eh 82-119.
'Nol~.- The wnrd~ 'th~ ttrm" wtr~ in_erled I,,' the editors.
'Nole.-Ste. 4. ch. 8:.!';18~, Whlrh chf\l1~..d the nsrnt.l,f the nt'purlml'nl IIf
Veleran and ComnlUnilY Affalr~ to thl' \)l'l'urlrnentuf ('ummunlty Aftai".
'Not~,- Sl'e &.4, ch 8~. :\87, wh,ch rhan~l'd the titlr plthe Srcretary uf \" l'ler.
an und Community ^ffsJr~ t(, Ihe Secretary of ('ommuOlty AfllIir&.
Nole.- Former ~. 2tll!.f>04
290.034 Community Development Support
and Assistar.ce Fund.-[Transferred from s.
288.605 by the reviser.]
290.035 Eligibility for assistance.-Commu-
nity development corporations meeting the following
requirements shall be eligible for assistance:
(1) The community development corporation
shall be a nonprofit corporation under state law or a
local de\'elopment company established under state
law and certified to be eligible to participate in the
Small Business Administration Loan Program under
s. 502 of the Small Business Investment Act of 1958,
as amended, and shall meet the following further re-
quirements: /
(a) Its membership shall be open to all service
area residents 18 years of age lor older.
(b) A majority of its board members shall be
elected by service area residents. '
(c) , Elections shall be held annuallv for at least a
third of the elected board members, so that elected
members serve terms of no more than 3 vears,
(d) Elections shall be adequately pubiicizcdwith-
in the service area, and ample opportunity shall be
provided for full participation.
(e) A minority of the board members shall be ap-
point.ed by the Governor.
(2) The community development corporation
shall contain a target area in which economic devel-
opment projects are located which meet one or more
of the following criteria:
(a) A slum area or a blighted area as defined in s.
163.340(7) or (8).
(b) A neighborhood strategy area of a community.
development block grant program.
(c) A neighborhood housing service district.
(d) An area containing substantial conditions of
blight, economic depression, and excessive reliance
on public assistance, as certified by the department. .--
Je).- An enterprise zone as defined in s. 290.004(lk
(3) The target area of the. communRv-aevelop:
ment corporation shall be either the same as the ser-
vice area of the community development corporation
or an nrea contained within the boundaries of the ser-
vice area of the community development corporation.
History.-5 6. rh. fllJ. ~;,(), ~ 182. rh. f'J .2:,9. $. I!. rh. H2.! J 9.
INllI..._ Thl' v.ord 'or" W8' ~uhstitultd h~' Ihr tdl\t.r' fur thl' word -and.'
Nol...- !-'nrmtr~. ~8b.h(l6.
.'
....
290.036 Community de\'elopment corpora-
tion support program.-
(1 ) The secretary is authorized to make grant.s
from the fund to eligible applicants, for staff salaries
and administrative expenses.
(2) A community development corporation ap-
J
,
339
6. 288.608
--
toms of the for.
trati\'e subdi\'i.
located lire in
e such exemp.
Governor.
ulIder this sec.
t plan of Opera.
ch petioli shall
he department
in the context
Any modifies.
with respect to
he resubmitted
Ipproval grant.
other context
.!nce for which
term '4plan of
. specific polio
mtire scope of
1 office estab.
.:ountry.
'rnor wi th reo
,ption author-
It shall report
juest and any
of the Senate
tatives within
j ~il; creation;
3tion of this
lullified by s.
1,1988, by s.
Iwsuant to s.
erred to s.
Transferred
ansferred to
)y s. 10, ell.
.he reviser.]
1 t Support
) s. 290.034
-[Amend-
) s. 290.035
corpora-
12, ch. 82-
e\'iser.}
deferred
~~~~:'~~~~~:':.' '.' :....
",,~v:r-l"t:-" ='-~"' '.' "'''.'
'~!l.~..... ...~.:.. ...: :.;.':;s'" . .;-: ...
~. 288,608
~..
-
LI ~
, ilr ....
\ I '" ~').,' :. I...
1982 SUPPLEMENT TO FLORIDA STATUTES 1981
payment loan program.-IAmended by s. 1~, ch.
82.119, and transferred to s. 290.037 by the revIser.]
288.609 Authority of the department.
-ITransferred to s. 290.038 by the reviser.]
290.001
290.002
290,003
290.004
290,005
290.006
290,007
290.008
290.009
290,012
290.0301
290,0311
290.032
290.033
290.034
290.035
290.036
290.037
290.038
CHAPTER 290
URBAN REDEVELOPMENT
Florida Enterprise Zone Act of 1982;
short title of 8S. 290.001-290,012.
Legislative findings.
Policy and purpose.
Definitions; terms used in ss. 290.001-
290.012.
Local desi~nation of enterprise zones; np-
plication for state approval.
State approval of designated enterprise
zones.
Incentives and programs available in en-
terprise zones.
Federal enterprise zone programs; appli-
cation.
Assistance of certain departments re-
quired.
Saving clause.
Short title.
Legislative findings.
Policy and purpose.
Definitions.
Community Development Support and
Assistance Fund.
Eligibility for assistance.
Community development corporation
support program.
Community development deferred pay-
ment loan program.
Al.1thority of the department.
290.001 Florida Enterprise Zone Act of 1982;
short title of S5. 290.001-290.012.-
(1) Sections 290.001-290.012 may be cited llS the
"Florida Enterprise Zone Act of 1982,"
(2) This section shall stand repealed on Decem-
ber 31, 1986.
History.-&. I. ch. 8~.119.
290.002 Legislative findings.-
(1) It. is hereby found and declared that:
(a) \Vithin the urban communities of this state,
there exist areas that chronically display extreme and
unacceptable levels of unemployment, physical dete-
rioration, and economic disinvestment.
(b) Each such area is a blight on the community
as a whole, tarnishes the image and reputation of the
community in the eyes of its residents, and reduces
the desirability of the community as a place to visit
and live.
(c) Such severely distressed areas have high
crime rates and provide environments detrimental to
the physical and emotional health of their residents.
(d) The revitalization and redevelopment of each
s. 290.004
such area for the ultimate benefit of its residents and
the community as a whole is of critical importance to
the individual community and to this state.
(e) The resources of all levels of government are
insufficient, and often inappropriate, to undertake
successfully the massive task Of restoring the sDcial
and economic productivity of such areas.
(n The ultimate revitalization of such areas can
Dccur only if the private sector can be induced tD in.'
vest its own resources in productive enterprises that
rebuild the industrial and commercial viability of the
areas and provide jobs for residents of the areas.
(g) In order to provide the private sector with the
necessary incentives to invest in such distressed ar-
eas, ~overnments at all levels should seek ways to re'
lax or eliminate fiscal and regulatory constraints and
should seek to identify supportive actions that facili-
tate Isuch business investment and overcome busi-
ness Dbjections to distressed area site locatiDns.
(2) This section shall stand repealed on Decem-
ber :31, 1986.
IIilllor)l.-~. I. ch. 82.119.
'Nole.~Thr word 'such- Wll~ imert"d hy thr .,(!Jtur.
290.003 Policy and purpose.-
(1) It is the policy of this state to provide the nec-
essary means to assist local communities, their resi-
dents, and the private sector in creating the proper
economic and social environment to induce the in-
vestment Df private resources in productive business
enterprises loca ted in severely distressed areas and to
provide jobs for residents of such areas. In achieving
this objective, the state will seek to provide appropri,
ate investments, tax benefits, and re~~ulatory relief of
sufficient importance to encourage the business com-
munity to commit its financial participation. The
purpose of S5. 290.001-290.012 is to establish a pro-
cess that clearly identifies such severely distressed
areas and provides incentives by both the state and
IDeal go\'ernment to induce private in\'estment in
such areas. The Legislature, therefore, declares the
revitalization of enterprise zones, through the con-
certed efforts of government and the private sector,
to be a public purpose.
(2) This section shall st.and repealed on Decem-
ber 31,1986.
Hi.tory,-~ 1.ch.82.1l9.
290.004 Definitions; terms used in 55.
290.001-290.012.-
(1) IAs used in ss. 290.001-290.012, the term:
(a) "Enterprise zone" means:
1. An a.rea in which there is a predominance of
buildings Dr improvements, whether residential or
nonresidential, which by reason of dilapidation; dete-
rioration; age or obsolescence; inadequate provision
for ventilation, light, air, sanitation, or open space;
high density of population and overcrowding; the ex-
istence of conditions which endanger life or property
by fire or other causes; or any com bina tiDn of such
factors is cDnducive to ill health, transm ission of d is-
ease, infant mortality, juvenile delinquency, or crime
and is detrimental to the public health, safety, mor-
als, or welfare; or
2. An area in which there are a substantial num-
ber of slum, deterioratl'd, or deteriorating structures
337
~t'
'.Jr ,
-1-; ,
.i;;~:'
-iJiIi
Ch.290
, - --'------_._._-~..~--_.
290001
290002
290 003
290.00-1
290.005
290 0055
290.006
290.0065
290.007
290.008
290.009
290.012
290.013
290.0135
290.014
290.015
290.0301
290.0311
290.032
290.033
290.034
290.035
290.036
290.0365
290.037
290.038
290.039
290.0395
290.0401
290.0411
290.042
290,043
290,044
290.046
:-' -
URBAN nEDEYELOPMENT
F.S. 1991
F.S. 1991
CHAPTER 290
URBAN REDEVELOPMENT
rloridi1 Enlnrpri~~e 70ne ^cl; !il1orllille of '3S.
290001-290015.
Lcgi5lalivc IlrHJIt1gs.
Policy ,md r)lJrpose.
Dnlinitlon~: terms lIsed In 55.
290001-290015.
Local dnsignalion of enterprise zones; ilppli.
cation lor state npprovnl.
Locol authorization 01 enterprise lones a/ler
Janullry 1, 1986; requirements; application
lor state approval; change 01 boundaries,
State approval 01 designated enlerpriso
zones.
Slate approval of areas authorized to be
enterprise zones,
Incentives and programs available in enler.
prise zones,
r-ederal enlerprise zone programs; applica.
tion.
Assistance of cerlain departments required,
Saving clause,
Stale agency rules required to provide
encouragemenls and incenlives with
respect 10 enterprise zonos: roview 01
eXlsling rules lor adverse ellecls; proce-
dures; annunl reporls.
Local government ordinances; oncournge.
menls aqd incentives; review for adverse
ellects: certain changes prohibiled.
Annual reports on enlerprise zones.
Evaluation and review.
Short title.
Legislative lindings.
Policy and purpose.
Delinitions.
Community Developmen t Support and
Assistance Trust Fund; priority 01 use.
Eligibility lor assislance,
Community developmenl corporation sup.
port program.
Community development corporation plan-
ning granls.
Communily development deferred paymenl
loan program.
Authority and dulies 01 the deparlmenl.
Reporting requirements,
Evalualion and review.
Florida Small Cilies Community Develop-
ment Block Grant Proqram Act; shorl Iille.
Legislalive inlent and purpose 01 5S.
290,040 1-290.0t19,
Definitions.
Florida Small Cilies Communi I)' Develop.
ment Block Granl Program; administra.
tion,
Florida Small Cities Community Develop-
menl Slock Granl Program Fund; adminis-
tration; dislribution,
Applications lor granls; procedures; require.
ments,
-A~_
290.0117 Eslnblisl1menl 01 grant ceilings and Tlltll(;'
mum administrative cosl percentages;
climination of population bias,
2QO 01\75 nejection 01 grant applicalions; ponalties lor
failure 10 moel application conditions.
29001\0 General powers 01 Oepartment of Commu.
nily Affairs under ss. 290.01\01-290.0119,
290.049 ^dvisory council.
290.001 Florida Enterprise ZoO(~ Act; short title of
55. 290.001-290.015.-
(1) Seclions 290.001-290,015 rnay be cited as lite
"r-Iorida Enterprise Zone Act:
(2) This section shall stand repealed on December
31, 1994.
H1SIOry.-s 1, ch 02-119,55 42,57. eh. 64-356
localed in s.
for residenl
tile slato V\
tax benefit
Inllce to on
its linancinl
290.015 is I
such severl
by both the
investmenl
declares III.
the concert'
tor, 10 be a
(2) This
31,1994.
11IIlory.-I. 1
290.002 Legislative findings.-
( 1) It is hereby found and declared lhal:
(8) Within tlte urban communities of this stale, there
exist areas lhat chronically display oxtreme and unac.
ceplable levels of unemployment, physical deteriora.
lion, and economic disinvestment.
(b) Each such area is a blight on the communily as
a whole. Inrnishes lhe image and repulalion or the com.
munily in the eyes 01 its residents, and reduces lhe
desirability of llle community as a place 10 visit and live,
(c) Such severely distressed areas have high crime
rilles and provide environments detrimental to the physi.
cal and emotional hcallh 01 their residenls.
(d) The revilalization and redevelopment of each
such area for the ultimate benefit 01 its residents and the
community as a whole is of crilicnl import<Jnce 10 (he
individual communily and to lhis stale.
(0) The resources 01 all levels or government are
insuflicient, and ollen inappropriate, to undertake suc.
cessfully the massive task 01 restoring the social and
economic productivity of such areas,
(I) The ullimale revitalization 01 such areas can
occur only i1the private sector can be induced to invest
its own resources in productive enlerprises Ihal rebuild
the industrial and comrnercial viabilily of lhe areas and
provide jobs lor residents of the areas,
(g) In order 10 provide the private sector with lhe
neccssar~' incentives 10 invesl in such distressed areas,
governments at all levels should seck ways to relax or
eliminato fiscal and regulatory conslraints and should
seek 10 identify supportive actions thaI lacililale busi.
ness inveslrr.ent in such distressed areas and overcome
business objections to dislrp-ssed area sile locations.
(2) This section shall stand repealed on December
31. 199'1.
HI5Iory.-s. I, ell 02-119. $ IY,. ell. 8..1-217; S~ 43.57, eh. O~-X6.
290.004
290.015.-
(1) As lJ
(a) "Enll
1, An (
buildings or
residential,
lion; age or
litation, Iigh
01 populalio
lions which
causes; or i
to ill heCllth
juvenile deh
public heal!
2. An a
of slum, del
which cond
other cause
exist whlell
growlh 01 a
the public h,
condition a/
a. PrOd
layout.
b. r-aull
accessibilil)
c. Uns;
d. Dek
e, Tax,
ing lhe lair
I. Dive
conditions r
land wilhin
(b) "O'?p
nily Aflairs.
(c) .See
Allairs.
(d) "GOII
islative boc.
municipal; t y
(2) This
31. 1994_
Hlalory.-s I.
290.003 Policy Bnd purpose.-
(1) Ii is lhe policy ollhis stale to provide the neces-
. sary means to assist local comrllunilies, tlleir residents,
and U1e privale sector in creating lhe proper economic
and social environment 10 induce lhe investment of pri.
vale resources in productive business enlerprises
290.005
application
316
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.-
~-.:-
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F.S, 1291
_ _________._ ________ __ ___JJ.R_B{l.~_B-gPE\,~~OPJ/t.E~T_-._________
eh. 290
1()Ca:f~d Ifl :'0'"p,,:I)" (Ji':.IU!';'JecJ a 1(';]'; nnd 10 flfovlt.lC jot \'j
lor ll:slup.ntc; of suc" area"), In ;)C'l,GVlflq tillS Ol>Jr>clivr!,
tIle stolle will s(:ek 10 rrovl<.J(~ appl(JIHI::lte If1ve'jtlll(~111 s,
l(llI: benchts. rlnd regulatory relief of ~lJtflciclll irr:por.
tilnce to encourage the tHJ~;rn('sc; cOITlrnurllly tQ camilli!
lIs hnC\nr:i;)1 par tlclprltron 1hc purpose 01 55, ?90.00 1-
290,015 is 10 cslablish () puces') lIlal clearly idcntdlC<;
such severr:ly dlslressed "rc():, and provides incf1nllvcs
oy both the st()lc ilnd local go'mrllrl1cIlI to Illduc:r: pflVil!C
IrlVestrnent in such arcas. Tile LCQ,';I<1ftHe, Ilwl('folc.
declares the rcvlltllilalion of enterprtse 70n(~:,. 1l1rouuh
the conccrted efforts or Government and IIw priv;1lc sec.
lor. to be fl public purpose.
(2) This section shall stand repealed on Deccnlbf!(
31, 1994.
Ifiltory.-s I, cl> 1l2-119.55 H, 51, ch 04-J~(i
290.004 Definitions; terms used in 5S. 290.001-
290.015.--
(1) As used in 55.290.001-290.015, the term:
(a) "Enterprise zone" means:
1. An area in which there is a predominance 01
buildings or improvements, whether residenlir.ll or non-
residential, which by reason of dililpidation; deteriora.
tion; age or obsolescence; inadequate provision for ven-
li/alion,light, air. sanitalion, or open space; high density
or population and overcrowding; Ihe existence of conch.
lions which endanger life or property by fire or otller
causes; or ony combinalion of such Inetors is conducive
to ill health, transmission ol disease, inlant mortality,
juvenile delinquency. or crime and is detrimental to the
publiC health, safety, morals, or wellare; or
2. An area in which there are a substantial number
of slum, deterioraled, or dclerioraling structures nnd in
whicH eondilions endangering life or property by fire or
other causes exist or one or more of the following faclors
exist which substantially impair or arrest the sound
growth of a county or municipality and is a menace to
the publiC heallh. sarety, morals, or welfare in ils present
condition and use:
a. Predominance of defective or inadequate street
layout.
b. Faulty lot layout in retation to size. adequacy.
accp.ssibitlly. er usefulness.
c. Unsanitary or unsafe conditions,
d. Deterioration 01 site or other improvements.
e. Tax or special assessment delinquency exceed-
ing the fair value of the land.
I. Diversity or ownership or defective or unusua:
conditions of tille which prevent the free alienability of
land within the deleriorated or hazardous area.
(b) .Department" means the Department or Comrnu-
n::y Affairs.
(c) .Secretary. means the Secretary 0: Communlly
AlIairs.
(d) .Governing body' mei1ns the councilor other leg-
islalive bOdy charged with governing the county or
municipali t y.
(2) This section shall stand repealed on December
31,1994.
Hlstory.-s 1, eh. 82-119. s 21, ch /33-55; 55 6,51. eh. O~-J~1j
290.005 local designation of enterprise zones;
application for slate approval.-
(1) ^'lY courlty or rlHHllcipalily milY cre,lle illl Oilier
pr/sf' lO!le through adoption by thp governing body or
a r0.solullol) finding th31'
(il) Olle or morn (JrC<lS e,l<.ist irl such COlHlty or rnllnici.
polity .....llId1 8xtlibll the characteristics 01 fln enterprise
zOlle. ilnd
(b) TIle rehi1brlltalion, cCJnservation. or redevelop.
r11cnl. or a c0'11t)il1t:\lion theleof. 01 such rHCCl or areas is
nf!cessary in Ihe interest of the public hC<1lth, safcly,
fTloril:S, or welrflr8 of the residenls of such county or
rnunicip:1lity,
(2) Upon odoplion of the resolution as provided in
sul):,cclion (1), :hc ooverning body shall llIake npplica.
lion 10 Ill(! ur:pllrlrncnl. in sucll larm as Ihe depnrlrncnl
may reCjuira, lor sl<1te approval or tile designation or an
enlerprise zone.
Itl8Iory.-s I, ch n2-11Q, ~ 51, eh Oi-J~,G
290.0055 Local outhorizotion of enterprise lones
oller January 1, 1986; requirements; application for
state approval; change of boundaries.-
(1) Any county or municipality, or a county and
municipality together, may aulhorize the crealion of an
enterprise zone aller January 1, 1986,lhrough the adop.
tion by the governing body or bodies or n rcsolulion
which:
(8) rinds thilt nn flrea exists in such county or munic.
ipillity. or In both the county and municipality, which
exhibits tile cllar;1ctcristics or rln entmprise zone;
(b) Determines (hal tho rehabilitDlion, conservation,
or rcdevcloprnont, or a combination thereor, or such area
is necessary in the inleresl or the public health, sa:ety,
morals. and wellare or the residen,ts or such counly or
rnunicipnlily, or both; and
(c) Commits the county or municipality. or both, to
undertake a particular program or local participation in
the area. if approval for thill areil is received tHlder 5.
29000G5. which program is to be considered by the
d.Jpartmenl in eV<llualing the applicalion of the cO:Jnly
or 111unicif13iily, or both, lor tlPproval of \lie area under
s. 290.00G5.
(2) The governing body 01 a county defined in s.
125.011(1) shall authorize the creation 01 all enterprise
zones within such county,
(3) A county or municipnlity, or a county and munici-
pality together. milY nol authorize the crC81ion or morc
t11<ln one en lerprise zone. HowQver. any county defined
in s, 125.011 (1) may aulhorize lhe creillion 01 up to rour
enterprise zones,
(<1) EDeh arca aulhoflzcd to be an enterprise zone
must have:
(a) A conlinuous boundary;
(b) A populalion thaI does not exceed the greater 01
2,500 persons; 10 percent of the populalion of the
county or municipality, or both. Wllich authorized the
creation 01 Ihe enterprise zone; or the percentage of the
population or such county or municipality, or both, which
is equal to the percentage 01 families with incomes
below the poverty level in Ihe county in whichlhe enter-
prise zone is 10 be located; and
(c) Not less \lian 40 percent 01 the land area aVCli!-
able ror commercial or induslrial uses and not less tllan
40 percent of lhe land area available ror residential uses.
317
eh.290 URBAN REDEVELOPMENT
as d'~lcrrTl;nr:'d h} 111.-: 70rllllg ollhc arfl;l, rXcllJlJl11\j Ille
land (lre;J IJs>!d for public far;I:t\les. prior \0 till:! p;JSS~1(J(!
01 ll1.~ i(!!;olul,Ofl ;-ju t 1l0rlll/l<l t 11(' C r callOIl of Ihe An lpr.
P(lSC lOne The provISIons or !/w; ptliaqr3pl1 slla:1 flol
;'\r~I'l when tI\C pOpul;Jlion of Ihf! Idrtr;d1ctioillt1;J1 ;Jut/lor.
l;oed tile creation of Ihe cnterprlse lone is less l/1;lI1
2,500
(5) Tile lolill f1of1ul;tlion of all ;HP.;JS aulil()rl,~ed 10 be
enlcrpllsc zones III (j county deflnod In s. 125011 P)
may not cxcp.cd the grealer or 10 pcrc(!111 of tl1e 10131
popuialion of such counly or the perccIlI:1t}c of llle lolnl
populalion of sUetl county .....h,ell is aquallo the percelll.
age of larnil;es with incomes tJelow tile noverty Icvel in
such county. The porulation of <1 counly, olller lhan a
county defined in s, 125.011(1). shnll be lhe unincorpo-
rated area population of such county.
(G) Upon adoplion of a resolulian authorjzing the
creation al ;m enterprise zone meoling the requirements
of this section, the governing body or bodies shall make
npplication to the deparlmenl, in such form as the
department may require, far approval of such area pur-
suant to s. 290.0065.
(7)(a) The governing bady of n municipality or
county or both together. that 3ulllorizcd lhe nrrlication
for an area Itlal was <:Ipproved by tho secretary pursuant
to s, 290.0065 on or before January 1, 19137, may apply
to the department lor a change in the boundary 01 such
approved enterprise lOne if, afler snid ct1ange is made,
the enterprise Zone, including any additional aren and
excluding any deleled area, continues to satisfy the
requirements of subsections (3). (4), and (5)
(b) The governing body or bodies rnay make such
application by adopting a resolution which:
1, States that a change in the boundaries of the
approved enterprise zone is needed;
2. Finds thai any arca 10 be added to the npprovcd
enterprise zone exhibits t:"e characteristics of an enter-
prise zone;
3, States wilh particularity the re~sons lor such
change; and
4, Describes specifically and 10 the extent required
by the departmenl ttlC boundary change to be made,
(8) Each area lor which application to be an enter-
prise zone is made aller January 1, 1988. shall include
as a part of such area a neighborhood improvemenl dis-
trict crealed pursuanf to part IV 01 chap rer 163.
(9) This section shall stand repealed December 31,
1994.
Hlslory,-s .46, ch 0.\-356.5 57, eh. 66-152, 5 25. ch 60-201; s S. ch. 0.9-352
290.006 Stole approval of designated enterprise
zones.-
(1) Upon application of the governing body of a
county or municipality, Il1e dopar tlYlenl shall determine
if the areas designated by the governing body are
appropriate for the purposes of 5S, 159.27(19),220,181,
and 220.182.
(2) The dep;:lrtment shall promulgale any rules nec-
essary solely lor the approval by the secre tary or areas
appropriate for the purposes of 5S, 159,27( 19),220,181,
and 220.182. SUCtl rules shall provide for consideration
01 the following faclors. when appropriate, but shall not
be limited 10 1I1ese factors:
F.S. 1991
(a) Tl10 porcenl(lg'~ oIIICJlJ!;1I1~lIH111~; in the ;U()('l bUill
rnorl; lhan 30 years ,H)O.
(11) 1110 pp.rcf~ntau'! (If Yl!tH - rUIH Ie! h()u~;ing units in
tll/) drea llial are vacant Icrlla/ hOl/sinG liIlIls.
(c) 1118 percenlage 01 hal/Sing units Ifl Ihe arN} that
IllCK sorne or all plumbing facilities.
(d) The per carita income in the area,
(8) Tile percentage change in pcr cnpita income in
the (lrca from the nrior yoar to tile current year.
(I) The pcrcenttl~)c of the population in tho arcn thaI
is over the age of 65 and Ihe percontage thnt is under
t 118 age of 10.
(g) The unemploymenl rate in the area,
(11) The nercenlage of the population in lhe area with
incomes below the poverty level.
(i) The per capita taxable value of properly in the
arca,
(j) The percenlllge change in per capita taxable
value of property in the area Irom the prior year 10 the
current year,
(k) The per capila local taxes levied in the area.
(3) Upon approval by the secrelary of a resolution
designating an mea as an enterprise zone pursuant to
subsection (2), the department shnll nssign a unique
identifying number to each resolution, The departmenl
shall provide the Department of nevenue and lhe
Department of Labor and Employment Security with a
copy of eneh resolution approved pursuant to subsec.
tion (2), together wilh its identifying number, The provi.
sions of this subsection a/so apply to any area approved
pursunnt to subsection (2) prior to January 1, 1987.
(-1) No area may be approved pursuanllo this sec.
tion nller June 30, 198<1.
(5) Every enterprise zone approved pursuanl to Ihis
section shall cease to exisl on December 31, 1906,
ItlftIOry.-~ I, ch. B2-IHl, S~ ~7, 57, 50, eh M-35!i
290.0065 Slate approval of areas authorized to be
enterprise zones.-
(1 )(a) Upon application of the governing body of a
county or municipality or of a county and municipalily
jointly pursuant to s, 290.0055. the deparlment 511all
determine which areas authorized by such governing
bodies arc the most appropriate for the purposes or the
incenlives enumerated in s. 290.007. TI10 deparlment is
authorized to approve up 10 six areas within each of the
categories eslablished in subparagraphs (3)(a) 1.,2., and
3. and up to eight areas in each 01 the remaining catego.
ries established in paragraph (3)(a); however, such
approval shull not be effective prior to January 1, 1987,
for the first 30 ar8as approved under this section.
(b) Following a review or the effectiveness of the 30
enterprise zones approved prior to January 1, 1987, Ihe
secretary may approve 10 areas which shall not be
effective prior 10 July 1. 1989. These 1 0 areas shall
include Iho highest ranked applicalions received by Ihe
department. However, alleast one application shall be
approved in each of lhe calegories eslablished in para.
graph (3)(a) in which areas are 10 be approved pursuanl
to paragraph (8)(b). Approval lor the remaining 10 areas
to be approved uncler this section shall not be effective
prior to July 1, 1990,
318
F.S.1991
'.
~
(2) Each arpl
shall be ranKed Cl
egory estaLJlishel:
economic, social.
government parllf
Economic, social,
weighted 65 rerl
tion shall be wei~:
application is mal
as a part of such;
triel created purs,
(3)(a) Each all
pursuant 10 s, 290
lowing seven cate
1. Communil
urbanized areas hi
sons or more.
2. Communi I
urbanized areas h.
sons or more but
3. Communi I
urbanized areas h;
sons or more but"
nities having a por
less than 50,000 I
4. Communiti.
sons or more but
5. Communili,
sons or more bul
6. Communi II'
sons or more but I
7. Communitli
7,500 persons.
(b) Any area 31
bolh a county and
appropriate categ( I
which an applical
been considered I
provided alleast 6(
authorized to be a
municipality. An n
zone by a county d
in the calegory in \',
ily in which the arc
ered if the municip
an enterprise zonr
prise zone by a C(J
area is located in
placed in the catp.
municipality with \I
such area would II,
pality had authori.
zone, A county dr
allowed more than,
ries established in
(c) . The depar\l:
approved as enlelJ
under this section
graph (a).
(4)(a) The dep,
necessary for the;
by (he secretary.
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F.S. 1\191 UROAN nEDEVELOPMENT CIl. 290
~---------~.~-----_. .~._._---_.~__ _ ,_ _ _ ________~ _ _ _" ,__. _. .__ ,_, _w.. . .._._ __w_.__ .._ h' . _ _._ __. _. . __ ___ __._______.___ ___.. ..._
(?) Eael, appl,c;\l,on rlladl1 [',HSU;1I1t II):' ?Jf) n()ss
:.hallbe rc:wkerJ cornpe:Illve1y wlt/lln l!le <tflPropflJle C:11
c~lory eslablJshcd pursu<lnl 10 :'\Jbsw:lion (3) baspd (1)
economiC, social, physical, and r..,cal dlslrf.?SS 3nd local
government p<lrlic1iJation in cornfnunity redevelopment
Economic, social, physical, and fiscal distress shall be
weighted 65 percenl, ;md local w.'vernrnenl parlicipa-
lion st1<l1l be weighted 35 percent. Any area for which
applicLllion is made alter January 1, 19138, shall include
as a part of suct) area rt neighborhood improvement dis-
Iriel created pursuanl 10 p;)rl IV 01 c/wplcr 163
(3)(a) Each area authorized 10 be ;:u) enterprise ZOllO
pursuant to s. 2900055 sh<lll be placed in one ollhe 101-
lowing seven callJgories:
1. Communities consisting 01 census Iracls in
urbanized areas having a total populalion 01125.000 per-
sons or more.
2, Communities consisting of census tracts in
urbanized areas having a total population of 60,000 per-
sons or more but less Ihan 125.000 persons.
3. Communities consisting of census lracls in
urbanized areas having a tolal J)opulation 01 50,000 per-
sons or more but fess ttlan 60,000 rersons ilnd commu-
nities having a POpulillion 011\0,000 persons or more but
less Ihan 50,000 persons, .
1\, Communi lies having a population or 25.000 per-
sons or more bul less Ihan 40,000 persons.
5. Communities h;:lVing a populalion 0115,000 /ler-
sons or more but less than 25,000 persons,
6. Communities hewing a population of 7,500 per-
sons or more but less lhan 15,000 persons.
7. Communities having a population of less than
7,500 persons.
(b) Any area aultlorized to be an enterprise zone by
both a county and a municipality shall ba placed in the
appropriate category eslablished under paragraph (a) in
which an application by the municipality "..auld have.
been considered if the municipality had acted alone,
provided at least 60 percent ollhe population of the area
authorized to be an enterprise zone resides within lhe
municipalily, An area aulhorized 10 be an enterprise
zone by a county defined in s, 125.011(1) shall be placed
in the category in which an application by the municipal-
ity:n wtlich the area is located would have been consid.
ered if the municipality had aulhorized such ,Hell 10 be
an enterprise lone. An area authorized to be an enlor-
prise zone by a county de fined in s. 125.011 (1), which
area is localed in two or more municipalities, shall be
placed in the category in which an application by the
municipality wilhlhe highest percentnge 01 residents in
such area would have been considered it such munici.
pality had authorized such area 10 be an enterprise
zone. A counly defined in s. 125.011(1; shall not be
allowed more lhan one application in each 01 the catego.
ries eslablished in paragrnpll (a),
(c) The deparlment shall assign each of the 30 areas
approved as enterprise zones prior to January 1, 1907,
under Ihis section to lhe appropriale category in para-
graph (a).
(4)(a) The deparlmenl shnll promulgate any rules
necessary lor tho approval of areas under this section
by the secre tary.
- ----&. ---
-"
(I)) Such rules sl1(\11 ~HOVldp for tllp. CC)f\structlon 01
i1 Cor fIfllurll ty Conser val ;011 Index 101m lJ5P.<! to dol('r.
mille CCC'nOI11IC, SOCial, physiccll, and fiscal distres~;. 1 tIC
index, to t1lC extent appropriate, shClII be constructeeJ
lJsillq uatn frol11 the HmO census. The index may use,
but is nol lirlliled (0, the following faclors:
1. 'I he percentage 01110\J5i119 unils ill the area buill
more lhi1n 30 years ago
2 Ihe percenlage of year-round housing units in
(/lfJ llrea tflat are vacanl renlnl housing units.
3. 1110 percentage of housing units ill lhe area lllat
lack sorne or nil plulllbing facilities.
4. 111c per capila income in tho area.
5. The percenlage 01 change in per capita income
in 1I1e aren from lho prior year to tile cUllenl year.
6. The r>ercenlnge of the population in the area (IlCll
is over the ago of 65 and lhe percentage 01 tile popula-
tion thaI is under tlle age 01 18,
7. The unemployment rate in the area,
O. The percentage of the population in the area hav-
ing incomes below Il1e poverly level.
9. 'f he p~r cClpila taxable value 01 f)roporly in the
;Hen,
10, Tho percentage of change in the per capita lax-
able value of property in Ihe aroa !rom tho prior year tv
[he currenl year.
11. The per cnpil;) 10Gal taxes loviod jll the aren.
In a community cons is ling 01 census Irncts in urbanized
areas having D lolal population of 50,000 persons or
more, economic, social, physical, and liscal dislress for
each area authorized 10 bo an enterprise zone shall be
determined by averaging the Communily Conservation
Index score for each census tracl in Ihe area which is
authorized 10 be Cln Gnterprise zone. In a community hav-
ing a population of lass than 50,000 persons, economic,
social, physical. and fiscal distress shClll be determined
through the use ot the Cornmunity Conservalion Index.
(c) Such rules shall provide for lhe evaluation of the
level of local government participalion authorized by
gaver ning bodies purSU<l1l tto s. 290 .0055( 1 )(c) based on
the following lactors:
1. The adoption 01 the local oplion economic devel-
opment properly tax exemption referendum pursuanl to
s. 196.1995 and a commitment from the applying gov.
erning body or bodif~s 10 gran I such exemptions in the
aren aulhorized 10 be an enlerprise 7.one.
2. The adoption 01 occupational license fee abate-
ment pursuant to s, 205.0511.
3. The adoption of utility lax abi3lernenl pursuanl to
s, 1GG.231 (8).
4, The targeting of locally generaled lunds to be
expended lor capital projects in specified amounls to
the area authorized to be an enterprise zone in a manner
Ihnt demonstrates the priority which the county or
municipality places on community redeveloprnent in that
area,
5, The eligibility 01 the area 8ulhorizecJ 10 be an
enlerprise zone for rhe Urban Dovelopment Aclion
Grant ProQram.'
6, The commitrnent of specific addilionallocnl gov.
ernment services to the area aulllOrlzed \0 be an enter.
prise zone in a manner thaI demonstrc.les Ihe priority
i 1
II
1'1
II
I.j
Ii
II
:.1
i I.
I.,
I I
, I
;./
f'
t;
; :1
, .j
II
if
l~
319
-....oiIi ---,
Ch. 290
URBAN REDEVELOPMENT
r~.s:J~~ 1_..
....'IW;/1 lhe cOlin: y or ITH Huelp;,I!! y plau~!i on com! nUl \It y
re(jflvelOflIlH?:)llrl tll;,1 ;,rca,
7 1 tIP. \arVf~ln() 01 fp.d'!ral cornrr1\JllIty d~v(~I()PIl~P.llt
flJnd~ III ~p"r:rlICcJ ;)rnounls 10 1110 ;,rea au 11l0117cd to bo
<In 'J(",lcrfll/'iC lone in a H1nnncr Ihal dcmon51r()le~ thl)
pl/orrly wlllr:/) ltH3 counly or rnwllcipality places on com.
lTIunlly rcdcveloprnflnl j(1 lhnt ilIerl.
8, T llc C1<1opl1on or a comlllunily rf!doVfJloprnonl
plnn pur<;lJClnl tn s. i 63360 and nn ordin::Hlce fundinq ;)
cOITlIl1ufldy redovelopment trllst fund pur~U;lrlt \0 s.
1G3.387 lor tho men authorized to DO all nnlcrpri~c zone.
9. ^ cornrl1llrnent to roduco tho impact 01 specific
loc<:ll governmonl rogul<1liolll' within tile area ::lutl1orizetJ
to bo an enlerprise lone in a mannor Il1nl domo/lstrnle5
the priorily which the county or municirnlily places on
communily rednveloprnent in that arca.
10. ^ eOlllrnitrnC'nllo is::;uo induslrinl revenuo bonds
lor projects localed in the area aull1ofizod to be an onler-
prise lone.
These rules shall assign a relalive weight to each of such
faclors in the order listed, Irorn the mosllmportanllactor
to Ihe leasl importanllaclor. However. no factor may be
weighted greater lhan 20 percenl olll1e lolal weight nllo-
ealed ror lo:al government pilrlicipalion under subsec-
lion (2). and no laclor may have lho same woighl as tiny
olher raclor. The dcpnrtmenl fTlay rrovide ror a varinlion
01 lI)C value of a particular raclor, when appropriate,
based on expenditures o~ revenues loregone per resi-
dent 01 Ihe area aulhorized 10 be an enlerprise zOne.
(5) In lhe evcntlhe depar!'-,)enl determines Ihol one
Or more census tracts in an area aulhorized to bo an
enlerprise zone in a community having a population of
50,000 persons or more is inconsistent wilh the intent
expr~ssed in s. 290.002. the department may. on a
case-by-case basis, exclude from such application one
or more censlIs lracls. or portion lhereof, which are nol
within lhe top 20 percent olLhe mosl distressed cormnu-
nilies ranked in the Community Conservation Index pur-
suant to paragraph (4 )(b). In the event the department
determines that a porlion of an area authorized to be an
enterprise zone in a cl,::-munily having a populalion of
less than 50,000 persons is inconsistent with the intenl
expressed in s. 290.002, the deparlment may, on a
case-by-case basis, exclude Irom such area any por-
lion thereof which does not exhibil higher levels 01 eco-
nomic, social, physical, or fiscal dislress than those
which exist ror the communily as a whole. based on Ihe
factors sel forth in paragraph (4)(b).
(6) The departmenl is authorized 10 rescind the
approval of any arca previously approved under this
section il it determines Lhat the county or municir>ality,
or both, which authorized such area 10 be an enlerprise
zone pursuant La s. 290.0055 has not complied with the
commilments made in the resolulion required in that
section or complied will) s, 290,014. ^ny aclion laken 10
rescind approval tor an aroa is subject 10 Ihe provisions
or chapler 120, Such aclion may be initialed 90 days
a fler pr ior notice of SUCll noncompliance to such county
or municipality or both, Such action shall not act to deny
credits or exemptions previously granted or affect any
bonds that have been issued, II approval 01 a zone is
rescinded ror failure 10 comply with s. 290.014, the
F,S,1991
_.- -... ----- ---------.--- ---------.-. -.--
npprovill J))ay t)C rClflstatn(/ retroactively 10 the dato 01
rl~'';CISSIO'' lJpon subrllissiufl of the cornplp.Lod report
(7) Upon npproval by Ihe socretary 01 0 resollJtlnn
OI\Jll1orizlllg an ::Irea 10 be nn enterprise zono pursuant
10 Illis seclloll, Ihe dcparlrnonl shall assign a Unl<jl)(l
idnnlifying nl/mber to Ihal resolution. Tho cJepmlrnenl
stla" provide Ihe Departmenl or I1cve/luc Cllld Ihe
Ocr>;:trlmcl1t 01 Labor and Employment Security with a
copy 01 each resolution approved. together with its iden.
lilYdlg I1U!IlLJor.
(U)(n) No arca rnny be approvod pursuant 10 this
<;(Jction nltor January 1, lD07,
(IJ) Notwilhstanding pnragrnpl1 (a), the department
rnny OlPr>lOve Clddilion<:ll arens ns enlerprise zonos pur.
5\1;\llt lo Ihis section to Iho extent 1/101 thoro n{C JewlJf
aroas npprovecJ as crtlelpriso z:ones in each or such cal-
comins nfler 1110 assignrnenl required in paragraph
(3)(c) Ihnn is permitted by subsection (1). No area rnay
be approved pursuCll1t to this parngraph altor July I,
1990.
(c) I. Nolwilhsl anding paragraph (a). Ihe deparl.
ment may approve a change in the boundary of any
enlerprise lanD which was approved pursuant tD Ihis
section on or belore January 1, 1987. No boundary
chnnge to tlny enterprise zone slml/ be npproved iltlJc
level alloenl government participation in Ihe enterprise
zone approved prior 10 January 1, 1907, would be
reduced. No boundary change to any such enterprise
20l1e mny be ilpf")roved aller January 1, 1993. 1ho provi-
sions 01 subsection (5) shall apply 10 any area included
in a boundary change.
2. All boundary changes requesled and approved
pursuant to this paragraph prior to December 31, 1988,
shall be ellective January 1. 19(\9, ^1I boundary clmng(!s
requested and approved pursuanl to Ihis paragraph
nller January 1, 1909. and prior to December 31, 1989,
shnll be effective January 1, 1990, All boundary changes
requested and approved pursuant to Ihis pamgrDph
nrter January 1, 1991. and prior to December 31. 1992,
sl1nll be effective January 1, 1993. Upon npprovnl of any
boundary chango to an approved enterprise zone by the
secielary, the departrnent shali assign a differenl.
unique identifying number to that enterprise zone, The
department shall provide the Deparlment 01 Revenue
and the Deparlment 01 Labor and Emr1oymenl. Security
wilh a copy or each arnending resolution logether wilt)
lhe new identirying numbor or the enterprise zone,
(9) This section shall stand repe31ed December 31,
1994,
HI.lory.-~ <10. ell 04.356. s 5<:1, ell eG-'~2, & 26, eh 60-201: 8 6. eh 09-352,
s. 1. eh 91-262.
(d) IIll! Ce.
par 1 i1nd Ar.~ls f
290 03~15.
(n) 1ho So
uned 111 Iho w
zonos pr ovid(~'
(I) 1l1e sal,
used in an en I
(0) The Sri
used ill an en I
(h) 1 he ell
in enterprise "I
(i) Regula'
(2) LOCAL
me available (I
rovilnli7.alioll (l
(n) Econor
lion pUr suan I
(b) 1 he Wi
Iho Florida In(
(c) Tax inl
chapler 163.
(d) Municl
166.231 (8).
(e) Occup
s. 205.054,
(I) lhe u
ment dislricl~
hoods Act.
(g) Regul
(h) 1 he pi
or grants 10 II
rehabilitate '
within an en:
(3) Tllis!
31, 1994.
fHlllOry,-r.. 1. '
67-2"3; 5 79, ell ,
290.008
cotion.-
(1) Upon
the Congre:i
President 01
pare and Sl!
lorms nec("
approved rl
eligible are;,
(2) This
31, 1 9911.
HIIlory.-B ,
290.009
required.-
(1) The
01 Commur
Rehabililati-
Employmc'
sh;lIl assi'
together VI
290,007, Ir
the provisir
and its carr
with tile r
cstablishc'
290.007 Incentives and programs available in
enterprise zones.-
(1) STATE INCENTIVES AND PROGRAMS.- The fol.
lowing incenlives and programs are provided by Ihe
stale 10 enc;ourage the revitalization of enterprise zones:
(a) The enterprise zone jobs credil provided in s.
220.181.
(b) The enterprise zone properly lax credit provided
in 5, 220.182.
(c) The community contribution tax credit provided
in s, 220,183.
320
-..a....
-.----A.
--
--
F,$. 1991
URBAN REDEVELOPMENT
Ch, 290
(rJ) 1 h(~ C(Jflll~l\Jlldy LJ(~'/I!il)t~lf'o'>~ll ClJqJ()rallon Sup
por I and r..<;~J~>I;)rl'~p f'r')~l'arll prov"j\'d 111 5S 2YO 0301,-
2~1(J OJ~)~)
(n) T 11[' !;;li('r; la... c-empllon (,){ 1!lJ:;dJn~J rn~i1pr:dIS
uSf!d Ifl tile reh;ll)dil,lllon of rr:>ill prr).,I}rty III CII\'lri'rl~,c
lOlWS provided Ifl 5 ?12 Un(S)(ll)
(f) r he sale,; 1;)'( '~'ernplion fo: UU:,1f10SS cqlllprnf:nt
used in an en Ie r fI"S(! lor Ie pr oVJ(jed II' S, 212 OO(S)(I)
(g). 1 tiC sales Inx c:r:emplion for elcclllf':C1I nnerqy
used in ;)n enlcq1flsf! lone r>ro'Jicled 1r1 S 212 OO( 15),
(h) The creel,1 <lg<1I/I<;' the snll!S lax for job crC<lllOII
in enlerprise lones plOvldcd in s, 212,09G,
(I) negulatory relicf as prowled in s, 290,013,
(2) LOCAL INCENnVES,- The following incenlives
are (lvailable from local governments to encoura\lC rhl)
revitalizalion of enlerprlse zones: ~
(a) Economic development ad valorem lax exemp.
tion pursuant to s. 196,1995.
(b) 1 he use of industrial revenue bonds pursuant to
Ihe rlorida IndUSlrial Developmenl Financing Act.
(c) Tax increment financing pursuanl to pari III of
ch;'lptor 1G3,
(d) Mun;c;ipal ulilily lax exemption pursuanl 10 s,
lG6.231(8).
(e) Occupational licp.rlsC tax exemp~ion pursullnl 10
$, 205,05,1.
(I) The llse of neighbolhood cornrm.'.lity improve.
ment districts created pursunnt 10 the Sufc Neighbor.
hoods Act.
(9) Regulatory relief as provided IllS, 290.0135,
(11) Tile provision allow interest or inlcrcst f/ce loans
or granls 10 businesses which occur>Y new structures or
rehabilitate and occupy existing slruclures localed
within an enlerprise zone.
(3) This sp.clion shall sland repealed on December
31, 1994.
Hil'ory,-s " eh 02-119, G~, 49, 57, eh O,I-J~,(j, s 20, ell. 01..6, S 71, ell.
!l.:'4J,!i 79, en 8lJ-I30, ss 2,20, ch, 91-262,
290.008 Federaf enterprise zone programs; appli.
cation.-
(1) Upon enaclment 01 enterprise zone legislation by
the Congress of Ihe Uniled Slales and approval by Ihe
Presidenl of Ihe United Slales, Ihe department shall pre.
pare and submit in a timely lashion all information and
lerms necessary 10 permil eligible enlerprise zones
approved pursuanl to s, 290,0065 10 be considered as
eligible areas under any similar federal program.
(2) This section shall stand repealed on December
31,1994.
H'IIOry.-S, l,Ch 82-119,ss 5Q,57,ch,M-:155,s 32,ctl.B6-201
290.009 Assistance of certoin departments
required.-
(1) The Department of Commerce, the Department
cl Communily Affairs, the Deparlment of Health and
Rehabilitative Services, the Department or Labor and
Employmenl Securily, and the Department 01 Revenue
shall assisl in the irnplementation of IlIis chapter
logether with Ihe incentives and programs listed in s.
m007, 10 lhe exlent thaI such assislance, including
the provision of informalion about 5S, 290,001-290,015
nd its components to interested persons, is consislenl
^Ilh Ihe powers and dulies 01 such departments as
established by general law,
(~') 1111'; ';.'('11\111 ~;tld:i '.larld rl')lr>;lll'd <111 DI!(:fllrlt)p[
31, l~Nl
.tl!tlory. " 1 cf' '1.... II'J 'i ;'1\ ('tl III fl~1 t;'j 'd, "', etl 1\,1 y,n
290,012 Saving clalJse. "'^II}' !lrna clP~;lqlldtnd ;'l
sluln or hllollled ar0a plH:.IFlllt 10 s, lG:1,:355 <llld
arprovl>u IJ\' 1111) dr'pi1rlll1Pfll fmrsunnl 10 fOil nor S
;?;,:) 181(G) or forll\f'r s 220 lm(9) r>[Jor to ,Iuly I, 1982,
Shilll be cJf?cr11(~d to he a JCSlqrlateJ and npproved
enterprise lono r>lW;1 J;\1l I 10 s. 290 OOG, Any ;]j()il desio.
nnted n "hUll or lJll~)hled illea pursuilnl to ~, 1G3,3~i5 lor
whicll af)plicillion has t)el~rl rllncJo to tllo unpllr lmollt
prior to July I, 1982, shall be (jpcrned 10 be a designated
enterprise lone PlHSUi\llt IQ s, 290005.
tll'lory,,-~ t r.h ~;'-119, ~ ~,r, eh 1I~ ,:1~,l;. B []rl, r;h 0',-00
290.013 State ngcncy rules required to provido
encouragements and incentives with respect to enter~
prise zones; review of exisling rules for ndverso
effects; procedures; annual rcports.-
(1) Each 5tale agency rule ador1cd alter January 1,
1907, when nrplic<:lble, sl1all provide encouragernents
and incentives which will increase rehabilitation. renova-
lion, restoration, improvement, or new constrlJction of
housing ;:md which Will increase 1118 economic vinbility
and profilnbilily of business and comrnerce localed
witflin arcuS authorized to be enterprise zolles pursuanl
10 s 290,0055 and arproved by the secrelnry pursunnl
10 s, 290,0065, In nddilion, each slale agency 5/wll
review Ihe rules wllich il administers which may nega-
lively impact upon Ihe rehnbilitalion, renovation, reslora-
lion, improvemonl, or new construction 01 housing or
upon the economic vi<lbilily and profitabilily 01 business
and cammer co locnted wilhin arens authoriwd 10 be
enterprise zones pursuant 10 s, 290,0055 and npproved
by Ihe secretary pursuanllo s. 290.00G5, ana enc!lsuch
agency sl1alllake the (l(~cessary sleps 10 waive, modIfy,
or otherwise minimize the adverse effects 01 such rules
upon the rcllnbililntion, renovation, restoralion, improve-
men\, or now conslruction 01 housing or uron lhe ceo.
nomic viability and prolitability 01 business and corn-
merce localed in such areas.
(2) Nolhing in this seclion aulhorizes any slale
agency 10 waive, modify, provide exceptions to, or olher.
wise aller any rule which is;
(a) Expressly required 10 implement or enlorce any
slatutory provision or Ihe legislative inlenl lhoreof;
(b) Designed to prolect persons against discrimina.
lion on the bnsis of race, color, national origin, religion,
sex, age, hnndicrJp, or marilal status: or
(c) Lil<ely 10 present a significanl risk 10 tho public
health, public safety, or the environment of the stale,
(3) The modification or wC1iver of any rule pursuant
to \l,is section shall be Clccornplished in accordance with
lhe provisions of chapter 120.
(ti) Tile ndminislralive head of each slate i1rlency
shall, no laler Ihan March 1 01 each year, inlorrn the Pres.
ident of the Senate and (he Speaker 01 Ille House of
Representatives by letler 01 the activities or the agency
in complying with Ihis seclion The leller shall include a
list of each new agency rule adopted during the prior
year which contains pro'Jisions or exceplions designed
10 accomplish (he objeclives of this section and a lisl of
each previously exisling agency rule which was modi.
321
... ~v...
-,--
"i
.. _ _____._________UJ1BAtl ~Ep~y_~!_g.PMENT
F.S. 1991
Ch.290
fll,:cl or W,1IV0d pLJr~;lJ;l;ll Ll ll\'<; (J(~Ct:(111 rJ"fil\f) Ill!! ;wor
ye<ir
(5) T /11 5 sect/on ~h(jll S I and I f:pl:aind on DeePI nl'pr
31. 199.1 . .
Hl.forf.-~" ~)7 ell n.....]~,(i.s ],I'h 41 ;'{1;'
;\I\llu:iI repl1rl tn 1110 d(~~JarlrllCI1I, In :,\Jell fOlm as lIw
cler,artrll()rll m(lY fI:ljlJlrp, UIl 01 LJeIOll: March 1 ul (~;Icll
year, v,lOlch repll/t shall 111CIlJ(JIJ, but is flot Ilflliled to:
(a) ^ llsl of local incentivQs for COJl1lJllJllIty rech~vcl.
oplllcnl available In such <lrea dl1l inrJ tile pr iar YUilf.
(b) 1he usage and rcvcnue irnpact ollila local incen.
tlves which tile gO'Jernirlg body COIll/llIlted 10 provide i'1
such arOll In tho resolution reqUired in s. 2900055.
(c) TIIC nUf1lbor of businoss esl(\blislHllents localed
in tho ar no U\Jl1n9 the pr ior yfwr and tile number of busi.
ness estabhsl1rnents locnted in such mea tile year plior
10 IIle npprovtll of the area as nn enterprise zono.
(d) ^ copy of the rcporl required pursuant to s. 103
or thr! Intorml navcnllC Code of 195.1, <15 llmended, lor
f1!t industrial re'Jcnue Ganus isslIed 10 finnnce rrojecls
localed In such lIrC<l durinq the prior yellr,
(n) ^ copy of the list required pursuant to s,
1930ll(J).
(I) InlO/lllatlon required pursuant 10 the rcsearch
deSIgn provided lor in s. 290.015( 1).
(g) ^ statoment of any nclivily undertaken by a local
governlllent pursuant to s. 290.0135.
(2) The department shall submit an an/ltJHlrcporllo
the Governor Clnd the Legislature by March 1 01 each
year detailing the information provided pursuant to sub.
section (1) and including inlormation on lhe usage and
revenue Impact 01 the stale incentives listed in s,
290.007( 1).
(3) This seclion shall sttlnd repealed on December
31, 1 99-1,
IU.lory.-s 53. ell O.l-J~G. 5 5, ell 91-2G2
290,0135 Local government ordinances; encour-
agements and incentives; review for adverse eflects'
certain changes prohibitcd.- I
(I )(a) It is ttle intenl of the L~glsr(llure lh;]l each ordr.
n~l1CC adopted by 1I 10cllI governlllent pOS5c5Sll1g till
appr.ove~ enterprise zone nller January I, 1992, whon
~pptlcob,c, prOl/lde encouragemcnts and illcentives to
Increase rehabilitation, renovation, restoralion. improve.
rnenl, or new conslruction of housing, and \0 increase
the economic viability and profitability of blJslrless ilnd
commerce, located within ;lIC<lS <lulholluJd to be enter-
prise zones pursuant 10 s, 290.0055 and approved by
the secrelary plJlsuant to s. 290.00G5.
(b) Each local government possessing an approvecJ
enterprise zone may review its ordinances to determine
~hich may have a negative impact upon the rchabilila.
lion. renovalion. restoration, improvement, or new con-
s truction 01 housing. or upon the cconomic viability and
profrlabillty of business alld commerce, localed wilhin
areas authorized to be enterprise zones pursuant to s.
2900055 and approved by the secretary pursuant to s,
290.0065.. and may waive, amend. or otherwise modify
such ordinances 50 as 10 minimize the adverse impact.
Su~h relief may include reconlO18noalions made by tile
United States Deparlrncnt 01 "lousing and Urban Devel.
opment, in its -1987 Guide for Local Go'/emment and
Developers: concerning zoning and subdivision oreJi.
nances, expedite~ administrative and processing proce-
dures. site planning, 5treets, parking, sidewalks and
walkways, curbs, gutters. storm drainage syslems, sani-
tary sewers, water supply utilities and utililv easements.
(2) Nothing in this section authorizes any local gov.
ernment to waive, amend. provide exceptions to, or oll)-
erwise modily or aller any ord;nance:
(a) Which is expressly required 10 implemcnt or
enforce any statutory provision or the legislalive intent
thereof;
(b) Which is designed to protect persons aqainst
di~c~iminalion on the basis 01 race, color, natiorial ;rigin,
religion, sex, age. handicap, or marital status; or
(c) The waiver. amendmenl, or modification of wl1ich
is iik~ly to present tl significant risk to the public healtl1,
publIC salely, or the environmenl 01 tile slate.
(~) The waiver, amendment. or modification of any
ordinance pursuant to this section shall be accom-
plished in accordance witll the provisions of chapter
120,
(4) The provisions of this section shall not super.
sede any provision of chapler 163.
(5) This seclion shall sland repealed on December
31. 1994.
HI,lory.-5 4, en 91-262,
290.015 Evaluation and revi~w.-
(1) rrior to January 1, 198G. Ihe deparlnwnt' shall
prescribe by ruie. sLJbjectto the upproval of ihe Auditor
GenNal, a rescarch design for the review and evaluation
of 55. 290.001-290.015.togelhcr with the incentives and
programs listed in s. 290.007, The research design shall
sel forth Il1e types 01 additional inlormation necessary
to enecluate tile resoDrell desiqn. Such information shall
be provided in the reporl required pursuant 10 s.
290.014( 1).
(2) Prior to Ihe 1993 Regular Session of the Legisla.
ture, the Auditor General shall perform a review and
~villu~li()n of ss. 290.001-290.015, together with the
mcantlves Dnd programs listed in s. 290.007, using the
research design promuigaled pursuant 10 subsection
(1). The report shall cri rique the enterprise zone pregram
and ~ha~1 include ~n analysis of the impClct of limiting Ihe
npplicallon of the Jobs credits in S5. 212,096 and 220.181
only to businesses located in an enterprise zone and an
analysis 01 the impact 01 the program on small business,
A report 01 the findings and recommendations of the
Auditor Generd/ shall be submilled 10 the President 01
t~le Sen.ate and the Speaker 01 the House of Represenla-
tlves prior to the 1993 Regular Session. The approprjule
commitlees 01 the Senate and I.jouse of Representatives
shall consider legislation to implement the recommenda.
290.014 Annual reports on enterprise zones.- lions of the Auditor General.
(1) , E~ch county or municipalily. or counly and (3) Prior to tile 1994 Regular Session 01 the Lcgisfa.
munlClpalrly together, that authorized the creation or an lure, the tlppropriate substantive committees of both the
enlerprise zone pursuant to s. 290.0055, which zone Senate and the House 01 Representatives, upon assign.
was approved pursuant to s. 2900065, shall submit an menl by the president and speaker. respectively, shall
322
<,!
__ _~_.hI'A- -
F.S. HH.lI
be rc~;pol1!;lble
a/lun 01 5S 29
tives nnd [HOg'
f ecorfHllcl1(jut It
to tile presidel'
I he 199t1 Reg \l
(1\) 111is set
31. 199t1.
Illelory.-s fo~, ch
l\ ;>0. ch 91-221
290.0301 f
290.0395 shall
nllmity Davelo,
(lnce Program I
Juno 3D, 1998
IUelo'y.-a 1, ch .
Hole..-rOHn~r" ;.
290.0311
finds that:
( 1) Ma ny (
signs of the dp
physica', and I
ability as plael
(2) These (
in the malnlel
exhibiting low
rales of unen I
and a decrea~
(3) The de '
in (fIe dccrca:
acquire and 11'
accelerated,
decreased co'
(4) The 0\
impacts on !II
furl her depr,
income:, redu!
con tributing I
mercial arear,
commercial p
(5) This (I
neighhorhoo( ~
lion 01 the va!
local comrnur'
ture of dispr.
health. social
the developn;
disruption fOl
(6) The v;
years 01 finnl1
ated a base
lies, public f
tures. and I.
require the .
would cause
hoods and II
(7) The $
and revilaliz;
lance and ,
action.
(0) The'
ment of prk
F,S, 1931
URBAN REDEVELOPMENT
-- .. - -----.--. "----- ----."-..------ -"-- --". -.
ell. 290
~r. r('~p()n~lb'c lor nlr> (J)111plp!I()f) ,~d ;j "~'''i(!,^ ;J~ld ~vallJ'
3::0n of ss 290001-290015, Ir)g0!'If!r with 111(~ Ifleen
i".es and progr;Jrnr, "stpd In s ;:>()O OfF /I, r'~porl of Ihl1
I('COfl1rnendJIIOflS of lilP connnlttCf!:, ;,t:;,III)~ ~;Uh:llltlcd
10 the prcsld.....nt <lncJ lh,~ ~;p.....;j~er k)r rj",!r:t:IJIIOn p~lor to
the 199.' flegu:i1r S0<;sl.n
(4) T"his section shl1;' ~;l(lrl'j rcpc;]'ed on [)Cr.cIl1tJCr
31, 1994
H,story.-s ~"'.Lh c~.l'li 5 ',rIch r,j I~,;>., IJ.n. 111.flT.& leI> 1"1.1',<,.
I Xl,ell !I1.nl
290.0301 Short tillc.-Scctlons 2~00:111 thrOtlgh
(9()039S sl1lll1 be known iJnd may be clt(:d <1S the "Corn.
munily Development Corporntion Surport ;)fld Ass!st.
ance Program Acl." Tllis section shall sl:lfld repen/ed on
June 30, 1998.
HISIDry.-S l,et,IlO.2~{).s 6.c:h !l1.2l.i2
Nole.-rO'H"" 5 i[l.9 r.ol
290.0311 Legislative findings.- Tile Legislature
frnds that:
(1) Many or Florida's communities arc exhibiting
signs or the decline and deteriOfC1tion 01 tlleir economic,
physical, and lisc:l1 henlth, thereby reducing their desir-
ability as places to live and work.
(2) These comrnunities are experiencing difliculties
In the maintenance 01 their economiC bnse and are
exhibiting low or negative rates of job rormation, h;gl1
rates 01 u~emplo,'rnellt, low rates of incorlle increase,
and a decreased capacity to compete for rcsourr::es.
(3) The decline of the ecollomic bllse lIas resulted
in the decreased ability or the community's residents to
acquire and maintain adequate housing, resulting in the
accelerated occurrence or substandard units and
decreased construction of new hOUSing.
(4) Tile overali reduction 01 economic activity also
impacts on the commercial viabitily of tile community,
lurther depressing employrnent oppor tunitics and
income, reducing the confidence of insurance providers,
contributing lo lhe disinvestment 01 established corn.
mercial areas, and retarding the development of new
c01'1mercial enterprises.
(5) This delerioratlon contributes 10 the decline of
neigtlborhoods and surrounding areas, causes a reduc.
tion 01 the value 01 property comprising IIle tax base 01
local communities, and eventually requires the expendi-
lure of disproportionate amounts of public lunds ror
!'lealth, social services, and pOlice protection to prevent
the development of slums and the social and economic
dlsruplion found in slum communities.
(6) The value of these areas is great, the result or
)'ears of linancial and service investment which has cre-
aled a base or physical lacilities, including roads. utili-
ties. public la~iljtles, indus!rial and commercial struc-
lllres, and homes. the replacement or which would
,equire the expenditure ot enormous resources and
....ould C3use the disruption of eslablished neighbor-
~oods and the diminution of community identity.
(7) The preservation, restoration, redevelopment,
and revilnlization of such areas is a task of great impor-
:ance and urgency which requires e!lective public
,;::llon.
(8) The dcveloprr.ent of policy and the establish-
"'lent of priorities for redevelopment projects in these
f\(JI;}hIJorl10Ud<; ff>lUIfW; SlJIJs!:lIlll;d advicp LInd IlIput
[rorn rr:~;lrJefll<; 0ltl10 area, arid the parliClp<ltion or ,HOCl
reSidents 10nd<; to Iflcr0.(l~;(~cJ !:Oflll11Ullily pride Clnd
;)'.'IClr0.I1C'<;" of rcdcvel0plr1('flt f!lforls.
(D) The ;}rnOlHlt of fHlblic re~Ollrc("<; cllrrently ;wi1il.
i1hle nr IIk.ely to be Clva.13tJI<:> in Il1e IIJlllre for the revilal.
11i1!,on or rloriUil'S lk;tres~,ed i1reas is (]lossly innde.
q\J<1!e 111 proportion to the size of the prolJl0.rTl.
(10) ^ Viable me3"$ of cltrninatlnq or reducing these
dclerior atlf1g CCOll0flllC conditions :Jnc! encollltHJing
ioeal resident par licipnlion and SllPfJOrt is to provlue
SlJpport assistance and reSOlHCp. investment to commu.
nlly development corporallons.
(11) This sp.clion shall stnne! repealed on June 30,
190B.
Hlslory.-s 2. ell 00-(~.>O. ~ 7, ell !l1-iG2
/Jot"._rorm~r 5 21J11 GO?
290.032 Policy and purposc.-II is the policy 01 Ihis
state 10 provide the necessary means to preserve and
improve the health and vitality or its est(lblished cormnu.
nities by ennblinD them to restore and expand their r:orn.
mercial and industrial base and to reverse the deteriora-
tion or t/H'!ir ~esidcnlial and publrc-facillty as ~;c t s. Tile
purpose or this <lct is to assist community development
corporations in !mdorlnking projects, in concert with
stale and local flovernrncnt and privi1le enlerrriS0,
designed 10 crenle nnd rnnintnin n sound industrial
b,15e, to revitalize the healll1 or established cornrnercinl
;)rens, to nromole employment opportunities, to pre.
serve al1u rellalJililate e>:isling resicJential neighbor.
hoods. and 10 provide safe, decent, allordable /lousing
lor residents of these areas. The Legislnture, therefore,
declares that tile development, redevelopmenl, preser-
vnlion, restoralion, Cllld revitalizrltion 01 such communi-
ties rlnd all tile purposp.s of this act Clre public purposes
for which publiC money fila,' be used. ThiS section shall
stClnd repc;Jied on June 30, 1990.
1il5lory..-r. 3.eh (IO.2~>O.~ n.el! !l1'?li2
tlolo.-r (Ifrn(!t S 200 [()3
290.033 Definitions.-^s used III this acl, the term:
(1) "Department" means the Department 01 Comrnu-
nity Arfairs.
(2) "Communily development co;poralion" m8ans a
community-based organizntion wtlich facilitates or
rinancially supports revenue-generating bUSiness for
the purpose 01 community and ecoflornic development,
based in a specific geographic area, controlled by resi.
dents, and committed to enhancrng community well-
being, and which may also be known as ;) .CDC:
(3) "Fund" means the Community Development Sup-
port and Assistance Trust r-und.
(4) "Projoct" means a public nnd private activity or
seriAS or activilies, designed to be carricd out in a spe.
cific, definable location, that achieves oujectives which
are consistent with tile provisions iJnd intent 01 Itlis act.
(5) "Secretmy" means the Secretary of Community
Affairs.
(6) "Service area" or ,.talgel area" means the entire
area in which a community devcloprrwnt corporation
operates and in which community development gralll
and f03n lunds arc to be spent.
323
.~' ; ,';': '''!.<. ..
F.I.tlRIIY\ ENrERPRISE ZONE
~ OIANGE APPLICKrICN
Awlication Deadline September 15, 1989
I
Florida Deparbnent of Conununity Affa.i:rs
Division of Housirq arx1 COmmunity Development
1989
, - --
,""'. ,. I
" .
APPI.J:CATION 0iECl<LIST
I:NS'llVCl'ICNS: 'Ih.i.s fonn will function as a table of cxmtents ani a
checklist. It shoo.ld J::e colllpletEd last. After o:m\plet.i.n; the reIl1aiIrl.erof
the application, enter the cor:respon::lin;r page rnnnbers for each item \.U"X:ler the
colwun :below lIlarked ".Page (s}".
Page (5)
:I. Application SUmmary 1 & 2
II. Formal Analysis N/A
(for conununities not ranked by tracts)
. .
m. I.ocal Govenmlent ResolutiOn - Letter of. In~ent 3 through 6
. Character1stlcs of Zone
IV. Attachnu?.nt A: I.egal Description of Enterprise Zone 7
v. Attachment B: List of street and Address Ran;}es 8 through 10
IV. AttachJne.nt c: Map 1 of Enterprise Zone 11
VII. Attaclunent D: Map 2 of Enterprise Zone denot.i.rg 12.
current and old ~
VIn. Attachment E: List of I.Dcal Participation Items 13
.
XI. I.oca1 Participation Dxnmentatian (if applicable)
. '.
0Jpy of resolution or ordinance authorizing N/A.
0CCl xpational license fee .exemptions
Cafr:l of ordi.nance authorizing "tax exemptions for N/A.
the use of elec+--rical energy in an ent.eq:>rise zone
JaI. certification Signed by Chief Elec::te1 Official 14
','
-
...
EN'TEJlPRlSE ZONE
. ^I7UCAnON SUMMARY
City of Clean~ater
P.O. Box 4748
Clearwater. Florida 34618-4748
,. ASlPncy or Drp.vtmmt
rnpon.ibl, (c;6
pnrparint th, epplic.tlon:
S. Appllcanl.:
. "
1. Add~..:
,
- .
.... .
Economic Development Department
"
L Contact~n: Jerry Sternstein
5. TlPll'phone:
(813) 462-6206
6. Type of .ppJicant: [iJ
D
o
""~--
.. __ __,,_ 'II'~~r.tp",~_So,~~'t., ~.1~~!1f1.;1.,- ~__~._~
.'__~L"'" 4
~ 4. ..-..... ____. .. .--..W"lIIIIIIll
-....~ ..
7. "DOl1NDRY
" OiANG~
INCLUDE:
'-.1980 roPutA nON
OF JUJUSDICT10N:
o 0 D
Addition. Drhtion. Both
85,528
.,. 19&0 POPULATION OF NEW ENTERPRISE ZONE
10. MAXIMUM POPU1..AnON
OF NEW ENTERPRISE ZONE
IS BAS[D ON:
A. Cunmt Entnpriu Ion,:
4,985
[J
o
o
P,rcenl of tamlJi.. with
Incomu below the
poverty I,ve I in th, C'Ounty
('J. . )
927
. ;.
10" of popu t.a tion
o~ JurUdiction
IS. Plu. area added 10
C~nl Zone:
+
2.$00 or lu.
Co Mina. ."u d.l~,d
Ifta delrll'd &om
current Ion e:
-0-
D. Total popuution
01 MW UlI\e:
5,912
11. ZONING:
Commnciall Indu.trial
Cwrml En~ 20M [i]
[]
Inln-prillt Zen. with
boanduy c~nsel
Ruidenti.l
o
ITl
. ..
'. '
u. CENSUS TRACTS Of AREA AND DISTRESS RANKING:
(For (X)mrnun.ities nof ranbd by tracts. a (ormal anal)'ll. must t>r rubmitlcd)
ADDED DEtETED
Cauul Tract
Dilen. R.vW.ng
423
197
CcnllU. Tract
Oirtrr. R.an kin g
259.01
261
None
fomull1n.ly.l. nq\lircd:
"0
Ye.
':~Lil
No . I
~ I.{'!: l&"-r""--~~\'.l1~~' _'&1"Jt'l.;- ...,.,~.. ~ ----;...... ~.._._ :l~.---
.r......' r-T-'....~..~...~.l"...'lIlI' ~1""iIi""""
-...
XI.ASO!\:S FOR 'BOUNDARY CHANCES TO niE CURRE"".,. ENTERPRISE ZO!\:E:
(B.c $p<<ific. .lIac:h IIddiliona.l .hC'C!1 1/ n~dC'd)
See Attached She.et (next. page),
.
.....,.,
-
,..
.
Page 1
EZ 5305
REASONS FOR BOUNDARY CHANGES
The inclusion of Tracts 259.01 and 261 will diversify the composition of
the existing Enterprise Zone and thereby make it more a~trac~ive for
public/private investment.
The portion of Tract 259.01 which is proposed for inclusion in the zone is
in need of development incentives to stimulate a higher use of the land.
Presently, the existing land use zoning is "mixed" residential, commercial
and institutional. A significant amount of parking facilities are found in
this area.
Enterprise incentives can be expected to generate redevelopment interest in
the area.
The addition of Tract 261 will enhance the residential mix of the Enterprise
Zone. Many of the homes in this area are thirty to forty years old and
clearly show their age. The street layouts are narrow and congested.
Deterioration is evident throughout the area and the crime rate is escalating.
Inclusion of this area in the zone will encourage private inves~ment and
reinforce the public commitment to improve the area.
Page 2
..
" ,': "",,,~.,, \'/!~ -/ '1'/',,' I . J~, ,.'\ 1",\".. .'I.'///~ 1'1 ';{ .~.,.!..... '.l~~f I,'.'.\.\,.j - /, .,~--'I't.'.'" ......./'y:r:' " \/,'"
:. "1('0.-:\ I '..~ I \ I, . ,',",.1,' ~\r'\ 'I" . :_' .\ \,,~.'\. II" .:' I ',,',\. .:. '", .... ,"'.\,' " . . I~ : I " I "_f..."',/',' '..'\'. . .
'\ '; \" t \ '. " ' I " . _ /. " , \ . . \'" _ I':, ..,' , ~ r.. -, . ..' . . . . , " /
~_.'.,.- /. """,\.J.. '>/'1, '...., r--.:. ...,\. I .. .\'/". . /"'l
. .I~. '/'" .'" . ';. .'.' .\.. t' ,',,', i JL.....~---...' l'~'~"" ,"" ',,' "~.--. _\. '-." .....(...\:
~ , t t , ' I \ I \ I \.. \' I/, I' \ \ 'I '. ,\ \ ,\ { j 1 :11 \ !
.' r:. ..
. ',.' '.J ~'. .'
CI'ry
o F
CLEARWATER
POST OFFICE BOX 4748
C LEA A W ATE R. F LOR IDA 3 <1 6 1 8 . <1 7 4 8
City Manager
September 13, 1989
Ms. Rosa N. Morgan, Community Program Administrator
Economic Assistance Section,
Department of Community Affairs
State of Florida
2740 Centerview Drive
Tallahassee, Florida 32399
Re: City of Clearwater Enterprise Zone - EZ 5305
Dear Ms. Morgan:
Purs uant to you r memo randum of Augu st 8, 1989, the City of Cl ea rwa ter is
submitting an application requesting a boundary change for its Enterprise
Zone.
. We are confident that the proposed changes will enhance our efforts by making
the zone more attractive for redevelopment. Our rationale is documented in
the application.
'Unfortunately, the press of business before the City Commission made it
impossible to present an amending resolution for their approval prior to thp.
September 15th amendment submission deadline.
We have drafted the appropriate resolution and intend to submit it for
Commission approval at the earliest possible date. Our indication from the
Commission is that they fully endorse the proposed changes.
Once the Commission has acted, we will fO~/ard the resolution to your office.
Si ncere ly ,
'-(gC:;Y' '-61i~
Ron H. Rabun
City Manager
Page 3
"Fr,II~' Fmnl()\lm~nl rlnrl Afflrrnrltivp Ar.tinn Frnnln'lr>r"
CHARACTERISTICS OF THE CITY OF CLEARWATER
ENTERPRISE ZONE (1987) AND PROPOSED (1989) ADDITIONS
EZ 5305
Enterprise Zone
Existing 1987 FDCA Distress Rank
Census Tract 259.02 (part) 126
Census Tract 262 28
(within Clearwater city limits)
Average Distress 77
Proposed 1989 FDCA Distress Rank
Census Tract 259.01 (part) 423
Census Tract 259.02 (part) 126
Census Tract 261 (part) 197
Census Tract 262 28
Page 4
Average Distress
193.5
. Population (1980 Census)
City of Clearwater - 85,528 \
Enterprise Zone (Existing) - 4,985 (5.7% of City of Clearwater)
Enterprise Zone (Proposed) - 5,912 (6.9% of City of Clearwater)
Future Land Use Zoning in Enterprise Zone
1987 - Existing Enterprise Zone
Residential - 70.2% to 34.4%
Commercial/Industrial - 45.8% to 9.9%
Public/Semi-Public/Open Space/Recreation - 55.7% - 19.9%
See Regulatory Relief Below as to how a % range is legally correct.
1989 - Proposed Additions of Tract 261 and Tract 259.01
Residential - 33% to 47%
Commerical/lndustrial - 40% to 52%
.Public/Semi-Publ;c/Open Space/Recreation - 13%
See Regulatory Relief Below as to how a % range ;s legally correct.
@
Explanatory Note
Census Tract 261. an area bounded by Cedar and Drew Streets and the Bayfront,
has a distress ranking of 197 and a population of 921 people. It will have a
contiguous and continuous boundary when added to the existing Enterprise Zone
and will conform to the 40% industrial and 40% residential zoning requirement.
Census Tract 259.01, an area bounded by Dre\'/, r1yrtle>> Cleveland and Garden
Streets will also form a continuous boundary with the existing Enterprise
Zone. The area is not an eligible tract per se for inclusion; it has a small
affluent population base concentrated in high value, residential housing on
the Intracoastal Waterway. Neighborhood conditions for commercial/industrial
uses deteriorate significantly as you progress from the bayside to the core of
the area. Therefore, the CCl is not indicative of the condition of the tract
as a whole, the majority of which is more distressed than the city as a whole.
The tract is part of the CRA District which denotes slum and blighted
conditions, under-utilization of land, inadequate street patterns and lot
layouts. Generally, the uses that exist in this area are not the highest and
best uses for the land.
Reasons for Boundary Changes
The inclusion of Tracts 259.01 and 261 will diversify the composition of the
existing Enterprise Zone and thereby make it more attractive for
public/private investment.
The portion of Tract 259.01 which is proposed for inclusion in the zone is in
need of development incentives to stimulate a higher use of the land.
Presently, the existing land use zoning is "mixed" residential, commercial and
institutional. A significant amount of parking facilities are found in this
a rea.
Enterprise incentives can be expected to generate redevelopment interest in
the area.
The addition of Tract 261 will enhance the residential mix of the Enterprise
Zone. Many of the homes in this area are thirty to forty years old and
clearly show their age. The street layouts are narrow and congested.
Deterioration is evident throughout the area and the crime rate is escalating.
Inclusion of this area in the zone will encourage private investment and
reinforce the public commitment to improve the area.
Regulatory Relief
Special Development Code requirements apply to Urban Center District (historic
downtown within the Enterprise Zone 1987) which provide regulatory relief as
to allowing mixed use, liberal maximum floor area ratios, liberal density,
liberal maximum heights, liberal minimum setbacks, and liberal parking
requirements. Various commercial, industrial, and residential uses are
allowed throughout the Urban Center District, rather than typical historic
segregation of residential zoned areas versus commercially zoned areas versus
other zoning categories.
Page 5
~ \
I . " I . 'J'" ., - - ',' \ . - " ., , . ) '/' \ .' -. /" / \ ' . \ . '. / / " . I ' '
/.,......"-.' . '," ;/ \,,;/,; 1/'," " . :' ".,. I: .,,'; "\"~ .""', -^ /", ./' ,'" '/1 .".'" /'\' II .\ ",~,\.,.' . :~I ',\ l. . ''/:.', ,,' ~I"" .
. .." \\ \ } /," . , . ,'\ I . . - I 1 . 1\, ) I ", '. , .
. ., . \ /.. I" '. ...,. ., , ' . '/\ I . '. . .',' \' ., '.., 1 . "\ '. .
.... ~..~,...':.<{:".'~ ',' ''':,' : ." ":,.><:":'~ '::."'>i<'. '<.,.'\'.~:7',"x:! '~":-:'_::}.:\.I:\ '.::': "I'>;':~;"I~.~:',~~ "'~~:':.)'~""':\".r",'..,..:. :....'..... ,.1,,' '/ .'f: ....
\ ...~.,-',...: \ . .... . "., \ -"-,. ""/', . " \ '_ ~,. /.. I. >;, r' . J/ ". ',' \, ",'
". / ... ," ~.~..,.:../.,...;., J ..'-'lr\.:a....~.....'.},.\,.........,.v:"'"..III....~:",.. ...\.~' ,', .1,....,......:
.#
I \ \ I 1 \ , If, ~ I ' \ I \ , \ \, I ", , I
0'"1" ~ ,:..:r/;~,~:,;..'..;~,
:""'~." '..~..,.o
Targeting of local Funds - Capital Projects
As noted in the Resolution which is included as a part of this application*,
the city commits to continue to target local funds for capital projects in the
Enterprise Zone (1987). Some recent projects include the Clea~/ater Square
office/retail project (9 story new construction), the streetscape (side\'/alk
landscaping with trees, grates, planters, and plant materials), and the
Bandshell (new construction). These \'Jere all public/private projects. Public
projects have included paving Art Al ley and storm sewer improvements.
Commitment of Additional Local Government Services
As noted in the Resolution which is included as a part of this application*,
the city commits to continue additional services in the Enterprise Zone
(1987). Additional services which have already been provided include
intensified police coverage including foot patrol, special dedicated parks
maintenance including maintenance of the streetscape, and the provision and
maintenance of public sidewalk trash containers. The city recently created
the Department of Economic Development and hired a director and staff. This
department is charged with coordinating and stimulating all development and
redevelopment in the downtown and Enterprise Zone area.
*See letter dated 9/13/89 from City f1anager Ron Rabun
Page 6
, . \, . " . " " . \ '. '~I /' /1 ,.' ,. " .', \' / I' ' \, 1 ' . ' , " '. ' ' , . , " ~ /".. ,..' \ . \ /",. '
I , "1 I', I / I I , \ I . '/ . '..>/, I \ . '- I" ., \ " " I' \ I ".
/ ' \' \ \ .,' . 1\ " I 'I \ I' , , ' ,,". " I' . \ -
'1.'/ I \ \ \ ,J, "',. " I \ . I I /',' .", ~ '. ., . ':'.. I " " '/ . ,i..>t \\ ~. .' . I
.' ' , , \ . '.. ')'" \ \ '; ,". '/ \'. . '. " ,,' { , ':". " . '. ' . , . ):." , '.' \ " '( ,'. ~ '.1 .'
. ' ",. / " ( . .\,' ,I'~.'/ ' . . \, \ ,\" " I: \ " 'J. I /" "1 I' . . , / , I,' /' . ./' '.
. . I \. \ J." I' ,\ ", '\/ ,. , .' ., .
,. . ,...,. ,.:. ....,., . .'1..... '.' .c. .~.' / I'" ',' '_ ' I, ...L:.-. 'J '. ....,
~~, '",t.\' _,--r.. /', ' ,f'.. .'" . '-Ii,'. "\ _"'"
, I I "'I I I 1 I ' . I" ;. I I I I \ , \ 1 \ I
t'.~.'-,.~;.,:::,<"'y~",';'}'r!'Ii.';t~,:'q,';"'""';'~:~'"<l .,.rki,......'h4 >k'....,..... .
~. ".' h~" '.'V.....",..- ," '" ,
,'~ "
ATTACH~IENT A
EZ 5305
LEGAL DESCRIPTION OF ENTERPRISE ZONE
(Including Boundary Change)
Clearwater Census Tract 259.02 North of Chestnut and Court Streets,
Clearwater Census Tract 262 except that portion of Tract 262 northeast
of Stevenson's Creek. Clearwater Census Tract 261, except that part
north of Cedar Street, and Clearwater Census Tract 2S9~Ol, except that
part west of Garden Avenue and South of Cleveland Street. This is the
eastern downtown area and the residential commercial/industrial area
inunediately to the north and east of the old downtOlYn area.
Page 7
>,
" ., . I . \ . ". \ ' I' , . ,). . /' \
, ,', 1'.', "'1' ',/ \. "", : I,"', '.I)\,/~, 1. ",' ""'./';. \'.' . " .I-~ /, I' /, ,-/'., ' ,(
/ /, . " \', . \ . \ /; , ,\ \ / . \" '\:,. "", I ~, , I' I. , I " .1 '. I /' / '. ' . '" ,I, I " /
. ,",. ,./, l",~,' ,.,.,....1 \"\.~ I"~ ,~'" >'.:!"'.://i~, . "_.' ,.'.\' I ,1( ,.' ~.,\.,',""
. . ,',,' . .' I -".c" '. / , " . (. / \ " /, '.. . '\ ' ,. ",'. .
, , \.' I ' , . I ' ~ . I 'I'f \ . ,I .
'., ~",.'."'; \'''",''~ \' I'^/j\' .,11,. 1/'.\.'\' '-," . /.., ..."..../ ,.' \,." "'\
/ ' '.' ,\ .':....... . ., ..... '/ \', / '.",;,./ \ ..~""'/' \ I . . ,I,'" . . ./ ~.. I.:
. , ' ' \. u \ II ,_ \ \ r ~':i'1 \ I I 'I~ \ I ~ . ~q .. \ - \ . ':. .
. :!,' -;: ~' fl." -
ATT ACHl--IE:--JT B
. CZ 5305
EX ISTI~G
ENTERPRISE ZONE STREET ADDRESSES
All street numbers furnished are inclusive unless noted
as follows:
* = odd numbers only
** = even numbers only
Street
Alden Avenue
Betty Lane North
Booth Avenue
Brownell Street
Browns Court
Carlton Street
Chestnut Street
Cleveland Street
Cleveland Street Northeast
Court Street
Drew Street
Eastmoor Avenue
Eldridge Street
Engman Street
Ewing Avenue
Fairburn Avenue
Franklin Street
Greenwood Avenue North
Greenwood Avenue South
Gould Street
Grant Street
Grove Street
Harbor Drive
Holt Avenue
Joness Street
Jurgens Street
LaSalle Street
Laura Street
Madison Avenue North
Madison Avenue South
Maple Street:
Narshall Street
Hartin Luther King Avenue
Netto Street
Missouri Avenue North
Missouri Avenue South
Monroe Avenue
Myrtle Avenue North
Myrtle Avenue South
Nicholson Street
.,;-"
Numbers
600 - 712
1000 - 1300 **
9 - 132
1106 - 1196
1183 - 1195
609 - 1133
800 - 900 **
801 - 1198
1121 - 1199
800 - 915 & 100 - 1192 **
622 - 710 * & 801 - 1187 *
1000 - 1045
700 - 1168
802 - 1278
109 - 414
1000 - 1223
806
103 - 1500
5 - 425
1107 - 1195
803 - 1133
801 - 1199
1404 - 1508 **
1101 - 1221 *
625 - 711 *
798 - 914
703 - 1165
931 - 1030
1000 - 1514
6 - 430
706 - 1168
601 - 1175 *
1201
800 - 1014
600 - 900 ** & 1000 - 1044
10 - 400 **
1400 - 1415
200 - 1111 & 1208 - 1210 **
& 1301 - 14 11 *
23 - 105 *
701 - 919
Page 8
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EZ 5305
EXISTING
ENTERPRISE ZONE STREET ADDRESSES - Page 2
Street:
Numbers
'"
Park Street
Palm Bluff Street
Palmetto Street
Pennsylvania Avenue
Pierce Street
Prospect Avenue North
Prospect Avenue South
Roosevelt Avenue
Russel Street
Seminole Street
Tangerine Street
Vine Avenue
Washington Avenue South
West Avenue
801 - 1007
703 - 1164
901 - 1199 & 1200 - 1250 **
600 - 1500
805 - 1161
135
103 - 409
1202 - 1413
1150 - 1181
700 - 1168
1104 - 1201
600 - 1017
6 - 319
1001 - 1045 *
Page 9
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EJ
60
Legal D~scription Pursuant to Chapter 290, Florida Stat~
Clearwater Census Tract 259.02 North of Chestnut ar~ Cou~t Streets, Clearwater
Census Tract 262 except that portion of Tract 262 northeast of Stevenson's
Creek. Clea~ater Census Tract 261, except that part north of Cedar Street,
and Clea~ater Census Tract 259.01, except that part west of Gard~n Avenue and
South of Cleveland Street. This is the eastern downtown area and the
residential commercial/industr.ial area immediately to the north and east of
tha old downtown area.
In specific "street" detail this is the area enclosed as follows:
- Stevenson's Creek at Douglas Avenue
(5) Harbor Drive
(W) Marshall
(5) Myrtle Avenue
(5) SeL Railroad
(W) Cedar Street
(5) Intracoastal Watevway
(E)' 'Drew Street
(5) Garden Avenue
(E) Cleveland
( S) "'y rtlo Avenue
(E) Chestnut & Court Streets
(N) Missouri Avenue
(W) Drew Street
(N) Myrtle Avenue
(E) SCL Railroad
(N) IHssouri Avenue
(Ill Missouri Avenue
(E) Palmetto
(N) Detty Lane
(1M) Stevenson I s Creek to Douglas /We
(E) East
(tI) '~or th
(5) South
(\~) West
(1M) Northwl!st
Rf::vI.SED 1969
Page 11.
'l. .
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. -'-',' f'.. \.. '.; ,,",:,,::. "f '~,':. \ " y">.. _' -, ~.: :' '. ':""'.'. '/: ,:,'.. ,J.: :/ .~'.,' .'.\"., '\. .': ,''''~ '/ . :.~ .:. .I~....~-
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'.: ,"~' ~.,,: I'~' ., ....f'.. ':'. "'. \ "-.,, /". ,:':'.. / ....,.... '~",: '......' .' .'.',,'.' "': ...../
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,. ", ' . . ",' ., .. ~ .
,
ATTACHNENT 0
EZ 5305
h .\
:y
Legal Description
CITY OF CLEARWATER
ENTERPRISE ZONE
Pursuant to Chapter 290,
\
Florida Statutes
if
, 1
II
I,
II
II
II
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II
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II
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II
I I
II
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Clearwater Census Tract
259.02 North of Chestnut
and court Streets, Clear-
water Census Tract 262
except that portion of
Tract 262 northeas~ of
Stevenson's Creek.
Clearwater Census Tract 261,
except that part north of
Cedar Street, and
Clearwater Census Tract
259.01, except that part
west of Garden Avenue and
South of Cleveland Street.
This is the eastern I
downtown area and the I
residential commercial/I
industrial area immediately I
to the north and eas t of 'I
the old downtown area. ,
I
,
,
I I
1 I
I I
-'/'
In
~L
Specific "street" detail this is the area enclosed as follows:
- Stevenson's Creek at Douglas AVenue
'.
(S) Harbor Drive
(W) Marshall Street
(S) Myrtle Avenue
(S) SCL Railroad
(W) Cedar Street
( s ) i n t r a co a s tal I II ate nl a 'I
(E) Drew Street .
(S) . Garden Avenue
(E) Court Street
(S) Myrtle Avenue
(E) Chestnut & Court Streets
eN) Missouri Avenue
(ll) Drew Street
(1l) . Il"rtle l\venue
eE) SCL Railroad
(N) Missouri Avenue
(E) Palmetto Street
(N) Betty Lane
(UW) Stevenson's Creek to Douglas Ave
(E)
East
(N)
Nor th
(S)
South
(101) West (NW) Northwest
revised 1989
~i'~.~-;.
,_......."';:.._. ".__ I
~.....
, ;1 - Existing Boundaries
. ,_', - Proposed Expanded Boundaries
Page 12
'/. "1". ...' .', '\', I'.: ",.' "I' .'.'~ ", I'....' .-.,.\,.... . . ....... :'1... ,," .,...'. \".'. ,;1:' ': \". . \.... ,.". .'. . .'.....' : ':." ,I.h. ..'
I ' '/ I . . .' . \ . / / " . .. / '.. I I ., . . \ I,.
. . ' . . . . ~ . . " .' r , _ . . . ~ ., .... ' ~ ... './' . ',' . . I', . . . I 1\\
, ..' .' .. . .... .,' ,,-. . " '. , '. . . /...",. .~I . \' \ / . I,.., " ~'., \, / / /. I. '. (
. . , . \ . . .," / . . . ,.. " 'I . . . I ,.> I
i., '_' /1\ \ ; '. ,'",'./,,' , /... /..\~' . . ", ," . ~- '\ . ,/ ,. \ . \ ~'. /. '\.',' '\-
-:;' 'v~ '; ".\.:;. .~ '\ "", ',:", ,...' .... I,. ..' I~., ..,"......'.\.' ", ~~I,.. ,'. ,~..::.' . r;": I' '" ""\'~ ': \:~.::
'I. , . '.' '. \ ."..;,... .J:l. cJ." /../..1:: ,.", I .' I ~. ,./ .,...., '
EZ 5305
ATI'AQ-IMENT E
IOCAL PARrICIPATIOO I'miS
The City commits to continue to tar-get local funds for capital projects in the
Enterprise Zone. Some recent projects include he Clearwater Square
office/retail project (9 story new construction), the streetscape (sidewalk
landscaping with trees, grates, planters, and plant materials), and the
Bandshell (new construction). These were all public/private pr-ojects. Public
projects have included paving Art Alley and stocm sewer improvements.
The city commits to continue additional services in the Enterprise Zone.
Additional services which have already been provided include intensified
police coverage including foot patrol, special dediGated parks maintenance
including maintenance of the streetscape, and the provisions and maintenance
of public sidewalk trash containers. The city recently created the Department
of Economic Development and hired a director and staff. This department is
charged with coordinating and stimulating all development and redevelopment in
the downtown and Enterprise Zone area.
The city commits to continue to spend all Federal Community Development Funds
received in the Enterprise Zone.
The city will continue to maintain a Carmunity Redevelopment Trust Fund which
will be earmarked for- use in the Enterprise Zone.
. The reduced zoning regulation for the areas of the Enterprise Zone that lies
within the downtcwn redevelopnent district will continue t.p 00 applied.
When circumstances require the use of Industrial Revenue Bonds and the use of
such bonds is appropriate pursuant to Section 163.385 Florida Statutes, such
bonds will be issued.
Page 13
U:::K1'~r'lCATION
Application is hereby made for Enterprise Zone bou.n.1al:y c.hange p..tt'SUant to
O1.apter 290, F. S., as amen::ied. I, the un::1e.rsigned, certify that to the best
of my knowledge an:i belief, data in thiS application is true an:i a:Jrrect.
SUbmission of the application has been duly authorizoo. by resolution by the
gove.:rn.ing bcxiy of the applicant arrl the applicant will i1nplement the local
partici tion items listed in :the local government resolution.
* . Mayor-Commissioner
Title
12/14/89
Date
IF JOmT APPI.J:CATION:
Signature of OUe.f Elected Official Title
rate
signa~ of Olief J:;lected O~ficial Title
rate
*SEE LETTER DATED 9/13/89 FROM CITY f.-lANAGER RON H. RABUN
Page 14
,
REVISED
HWORAflOUH TO
TIll C!TY COr1llI 55 IOfl OF HIE CITY OF CLEMH/A TER
Agenda No.
Heeting Date: 10/19/89
SUBJ~CT: Enterprise Zone Boundary Change,~ Resolution 89-54
RECOflMEfIDATIOff: The boundaries of the existing Enterprise Zone be changed to make them
more consistent with the eRA boundaries and approve Resolution 89-54 and forward to the
Florida Department of Community Affairs.
UQU And that the appropriate officials be authorized to execute same.
BACKGROUND: Enterprise Zone eligibility criteria are established by states and are geared
toward economically needy sections of cities. Poverty levels, unemployment rates, and
other indexes of economic decline are used to substantiate zone eligibility. States
determine which sites will receive enterprise zone status through either competitive or
noncompetitive processes.
The designation or expansion of enterprise zones have a better chance of success I'/hen they
are part of a comprehensive economic development program of a city. For this reason, the
Ci ty of Cl eaJ>olater has deci ded to pl ace its Enterpri se Zone under the aegi s of the
C1 ea J>olater Offi ce of Economi c Deve 1 opment. Zone bounda ry changes are th~refore requested
in order to'make the boundaries of the zone more closely parallel the boundaries of the
eRA. The boundari es cannot be expanded to exact ly conform to CRA boundari cs because of
distress rating criteria and supporting census tract characteristics. That portion of the
Enterpri se Zone whi ch is wi thi n the boundary of the CRA shares the less restri ct i ve zoni ng
and other land development regulations that are in force within the CRA. As the
boundaries of the enterprise zone change ~nd more closely parallel the eRA boundaries, the
benefits of less restrictive land development regulations 'will be expanded. The reduced
regulations are:
*Allowable density of 70 units/acre, 2.5 times greater than in other areas of the City
*Allo\~able height of 160 feet, 2 times greater than in other areilS of City
*No setback requirements
*Parking requirement approximately one-third less than otherwise required
A well-planned and well marketed enterprise zone with realistic, long-term goals can be an
effective tool for local development if other conditions exist such as solid
infrastructure, a relatively healthy regional economy and the availability of job
training.
I Uhen outside companies decide to locate businesses in a deClining section of a city, their
presence acts as a magnet for other forms of commercial activity. Any increase in
migration or expansion of business into the Enterprise Zone will have a complementary
effect on the eRA district.
Exhibit A (attached) illustrates the present and proposed Enterprise Zone, while Exhibit n
(attached) illustrates the present eRA district and the proposed new Enterprise Zone.
Commission Disposition:
Follow-up Action:
Submitted by:
-(jJ
OAffected
Parties
Notified
of Meeting
Costs: N/^ rnAttochmenfs:
Funding Source: R 1 t. 89 S4
. - eso U Ion -
o Capital Improve- -Enterprise Zone
ment Budget Brochure and ~1ap
o Operating Budget -eM flap
o Other
Advertised:
Dale:
Paper:
'C Not Required
ONel Required
" Oct e a 5 e que n t i a I
Reference
Originating Deportment:
Economic Development gr,$
o None
..
Appropriation Code
N/^
\
nESOLUIIU~ "0. 09-51
^ nESOLUflOII or TilE CI TV cur.vHSSlull or lllE CITY ur
CLEAIlH^,ER, rLOIlJU^, CIIMlGIIIG lllE OOlJllUMY or lllE ME^
UESICiIlMEO ^S TIlE CITY or CLEAnWMF.n El/fERPRISE lOUE
PUIlSUMIT 10 CII^P1EIl 290, FlUnIO^ ST^IUIES: RE{!UESTlflG
S I ME ^prRUV^L UF TilE CIIMGE III lIlE OUUUUMlY or 1I1E
EIHEIlPnl SE lOllE, MD OEseRI DlflG TilE rnOGIlMl or LOC^L
PMTICIP^TlOfl III TilE EHlEnpnlSE WilE; nESCIIIUIrIG
nESOLUTlOII OG-BO OIl TilE SNIE SUBJECT; rnOVIOlllG Nt
EFrECTlVE D^TE.
WIIEIlE^5, the City of Clearwater Is a unit of local general purpose
government with political jurisdiction over the area described In Exhibit ^,
which describes the revised boundary of the City of Clearwater Enterprise lone,
as previously desIgnated by Resolution 06-00 011 November 20, 1906; and
HIIEIlE^S, the at"ea descr I bed In Exh III It ^, Ine Iud Ing the area to be added
to the enterprise zone, is an area In which there are cOllditions which are a
menace to the public health, safety, morals, or welfare, lncludillg but not
limited to a substantial number" of slum, deteriorated or deteriorating
structures and other deterioration of site or other improvements, iI predominance
of defective or inadequate street layout, faulty lot layout, and diversltY,of
ownership, and because of such co~ditlons the area exhibits the characteristics
of an "enterprise zone" as defined in Section 290.00~(1)(a), Florid~ Statutes,
and meets the requirements of Section 290.0055(3), (4) and (5), Florida
Statutes; and
WIIEIlE^S, the City Commission finds that the rehabflltatfol1, conservation
or redevelopment, or a combination thereof, of the area described in ElI:ldbit ^,
including the area to be added to the enterprise zone, is necessary in the
interest of the public health. safety, morals, or welfare of the residents of
the city; and
WIIERE^S, there is a need to change the boundaries of the enterprise zone
because the InclusIon of the additional areas will diversify the composition of
the enterprise zone by adding a mixture of residential, commercial and
institutiont11 uses, including parking facilities, thereby mnkillg the zone more
attractive for public and private investment; iJnd
WIIEnE^S. the City Commission des Ires to continue to participate in the
Florida Enterprise ZOlle Program as described in Chapter 290, Florida Statutes:
now, there r ore
BE IT nESOLVED BY lllE CllY C0I1H1SS10I1 or TilE CllY OF
CLE^RW^TER, FLOnlO^:
1
4
Seclion 1. Ihe area described In Exhibit ^ attached to lids ,'esolutloll,
IlIclt/dlng th~ areas i\dded to the existing enterprise lone, is hereby declared
to be the Clly or Cleilrwater Enterprise lone f1ur'suant to Section 290.0U55(1).
Florida Statutes.
\
\
.
Section 2. The City Commission does hereby request approval by the
Florida Department or Commun I ty Mfa Irs of the change {n the lJoundary of the
enterprise zone as shown in Exhlbl t ^.
Sec tf on 3.
The City COITnnlssfofl will follow a prograrn or local
participation In the enterprise zone, Including:
(a) The enterprise zone ~ill continue to Ile a targeted area for the
expenditure of locally generated funds for capital projects;
(b) ^ddftlonal local services will be provided In the enterprise zone;
(c) lhe enter'prise zone will cont inlle to be a target area for the
expenditure of federal community development funds administered by the city;
(d) The approved community redevelopment' plan and the supporting
cOl11llunity redeve lopment trust fund wi 11 cont inue to, be applied in the enterpr ise
I
zone;
(e) The City will continue to apply reduced local governrnent regulation
tb the enter'prise zone as appropriate;
(r) The City will continue to issue redevelopment revenue bonds in the
enterprise lone as requested and as appropriate, pursuant to Section 163.385,
Florida Statutes; and
. (g) Emphasis will continue on maintaining a balance of comrnerclal!1ight
Industrial and residential uses 111 the enterprise zone.
Section 4. Itesolution 06-80, adopted on f10vember 20, 190G, Is hereby
rescinded.
Section S. Ihls resolution shall take effect hmnediately upon adoption.
"^SSEU ^rlU ADUPTED this
day of October, 1909.
iti ta Garvey
Nayar-Commlssloner
Mtest:
~fiTa E. Goudeau
C fly Clerk
2
A
. .
"
Lcqol DCGcriptioll
EXHIBIT ^
CITY of:' CLEAnW (\TEn
ENTEnpnlSE ZONE
i/ I hI ,:,,~..:~. ........, ; I!!: ' "' ~9/~ ~..'.,:~~. . ,; : .:::...
If ,:1' ,'" ~"~,..' . ,rAIRMONr.s' ,,'" ~I ..._~.
, , .....L. '... .........,. . . .......{I~ ,~ ." ("...~
I: -='J' . i '~:'!!' J ~!t \ -.-."-' <, '1~ ....-.....
" I ::;~~.. '1 '.'"'i,:-,': JI.,' \ '''''' '~:~.5 .-1""h'
I, L...~,. ._..~..I 1:-0' ~ \.....
I , . "~Jt:.t:: ::.::, k\ il\ " !. ..,..........
:lel\rwater CellSUR Trnet: ,'I r" ,1 fl;!I-i'!~ ::S'.~.;...:-U' '11 ~'~ .
'59.02 tlorth of Ch'!!!t""!:.'t III JT'.t,::I...;!~_. ...'=".J.i....,'..t_....!.- "I !..'~'!'I
"HI C.,u r t 5 t:rp. '! I:s, C Ie I\r - !; "tZ""~ ~:V=- .JI~=II ::~ .""..:~..~-:.'!.:;\I;--.-~ "~"!'~~ 1')--
I"to.r Cen!lU9 Trnct 7.G2 't :'l J'- "'b'- II~ '-:-:=-"'.=-''''''''-'1'1 lOll
I, ~ ~ I ".....1. I' "
. ~ClJr t: tha t po r tioll 0 f , I l", .~,!t.;Z'; dh~: ......-... I: l' tI" 1
.( I ~I ~~. ../' 'i --!!,! ..... fl. - ....J. i \'1 1'\
("tAct 262 Il0rthp.nRt: of.f ~ ~/-=- _'=':,~~::"...,. 0 ';~'!'Ii'l !1262 !".. t.
;t:tlV'!IIS0ll' S Creek. t f......, 0 ~4""!.~~.,.".1 0 11.t{",~JI' ~ a I ";i fl'
:!anrwlll:ec CP.II!lU!J Tract 261 :f'...."~.:. ,!;.J...~ ...... _ -:'!~~I.~~'..I 0 lll::'''I\~'tl\P,n.~l. jll .)1.
'xcept thnt: pnrt: lIorth of " ... . [t' #! :~' 'j'l-=t'l-"-f I Irr..................~... rro:"'\-'
':!:!nnr Strc~t, Alld /)C'x. ~~ ':l,.i'~~JUJ -';~~..!!:'I lli ~l 1. ..;;!~~~,.,-
-: 1 f! ., r w n t ere (I " S U 11 j rite t . ,., ~." - f}J l,~ ~ JI I n: fl. h ~I\ '
':~:~o~~ ~~~:~~ ~~:~U:n:~d I: .~)L ..~l3~ ~W ,~i~~~'II~ ~l~~:.. 1~ ~fl=~:~-"- ~~t
-o\ll:h of Cleve1l\lId Street, I: 291 !~iIL I ~I! ~1I II ...... ".' h-';--'-=,.~I~
r h i !l i s tile ens t e r II t j' I ~.~I ~Il~ ..- ~ ... '" "r~'1.~ r'1jP;i1 ~jFhI;;l ~II 1'1' -I'll ~j'l : r-
'Iown town n rea nnd I:hf,! 1 p" J~L::I!- . :
:~ ~i de 11 t i;) 1 .comme rein 11 ,f ,.. ( ...j '-~, 1::=J111~: ~.\ .,,~.! _.!l .._! ~! :!J:;' ~~~ .
~~d~~:r~~~t~r:~di::::i:~e f I II~ ~:~rJ i' ~~ ~11'-11.1IjL:,.. -~.. ~I' f.1 t' ~ r. ~ (
thl! old downtown aren. ! ~~ II ~ '\ .....1 II I I. i I <0 o.
// ....r (~J I ' ........ !jL- ". ,\.~~~~-ii . ~ltlT J "I-'r;-
~ /,/ ....?.2~..Q..LP.. fi'!'.'~,tli -=- "'-----<11'-. ~:.;:ft;r;. ~ .._lJ'~[,,] ~ jl I
EXISTING E>rrERrRISE ZONE 7~. mVEJ~~ tL!..:' :: =jii,"\Q'''''-''-- ~,"- .=. 'l-~f-~ t~.__~._
,',' . ~m JL ~JL...!!..-..... -!!.JL.. ~-- 11\~.1= .IIE, ~ll.::-~II.! fl; \il~' .
" ':0 -:Jb~ ... -- I; ~ Cil'-' l-'\I~ ~ tll \I.
PROPOSED ENTERPRISE ,II ""....-=<::~ n~, '!l , I~~ PJnrtL-.:_ "lS'~ ,,~t.::!/1...nH",
ZONE EXPANSION . " . rn i'l- ==-;11 N'" ~ =- f-==jJ -. .---;\ -iC--- "'1.;'" t ~ ", L
/ . ~ tll =-1,..':-,,' ~: _J[L.-." ~ 11\\ :1~' ,..~;l.:~ \.L "__
~.~~R~II II II J'~ -,It.~ ~ ~~~tl"fI ~I-!r- .=r.'
lIt ;..." - .~~ -I[: '~~::::-1~~'':-.
!} !CHESTNU II(:T' ::~::lh!.-~ '--11:0.. 'cou T
. ~l'ft I -f" ~"'''''JII '-'" '"".....""......
4f-i~11 11 II" 13 !il . \1:;;) "_._ I L\.
In Specific "st:reet:" detail thi9 i9 t:he nrea enc:lo!Jed as follows:
- Stevennon's Creek nt: Douqlns nve/lue
,rSulInt to Chapter 290,
\
Florida statutes
(5) lIarhor Drive
(\of) f1arshall street
(S) lIyrtlc "ven\1e
(S) SC~ nailroftd
(W) C!!dnr fotrent:
IS) 1 /I I: r n COli S t n 1 . ' tI t'l t: e r \, 0 Y
( E lOr t' ~I !H r Po '! t:
(51.(jnrdc/1'lIvcnuc
IE) Court Street:
(5) "yrUe 1\venue
l~) Chestnut: ~ Court streets
( N ) , Ii 9 ~ 0 IJ r i 1\ v '! 11 U e
(\I) DrCHI street
( II ) '.,,, r t 1 e 1\ v l! 11 U e
IE) SCL nlll.lrol111
UiS90uri 1\venue
rallllct:.t:o street
Betty L3ne
Stevenson's Cree~
( II )
I E)
(U)
(1111 )
to Douglns 1\\
(E) Enst:
( tl ,
lIor th
(5)
Sou t:1t
(H)
West (lIW) Ilorthwt!!lt
rev i s e t1 "I 9 8 9
.
, I
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,~
CITY OF CLEARW A TER
r~~RPRISE ZONE
n~~~~ -~ ZONE
I
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w
.' .
!!1 SOl llllillUill:..JJ 2;: 51
A OESOl.llflO1l Of TilE CIIY COI,II-1ISSIOU or lIIE CITY OF
CLEAIH/ATCIl, FLOHIU^, CIIArIGIfIG lilt: UOllflllMY Of 1111: MEA
OESICit!^JEU AS IlIe CITY OF O[J\llHAHn EIHEllPnlSE ZIlIlE
PUflSlJAtlT 10 ClIArlEn 290, FlOIlIU^ SlAllIHS; IlEl/tJESlltlG
SlATE APPIlOVAl Of lifE CHAUGE Itl TilE UoUtllMRY Of lIlE
ENTERPRISE WilE, AflU !JESCRIUJUG TIlE I'ROGIMI-IOr I.OCAl
PARTICIPATION Itl TIlE fI/TfnrlllSE ZONE; llESCIfW/UG
RESOI.UT lOti 06-80 Oil TilE SAHE SlJIlJECT; I'IHlVIOlllG AN
EFFECTIVE DATE.
\'IIIEIlEAS, the City of Clearwater is a IIllit of local general purposc
government wilh political jurisdiction over the area t.lcscribed ill Exhiuit A,
which desc,-iucs the revised boundary of the City of rlearwater Enlcrprise Zonc,
as previously designated by Resolution 85-130 on JlovclII~er 20, 1906; and
\llImEAS, the area described in Exhibit A, including the area to be added
to the enterprise 20ne, is an area ill which there are conditions which are a
IIIenace to the public health, safety, \IIorals, or welfare, including but not
limited to a sulJstalltial numher of ShUll, deteriorateu or dclerioratillg
structures and other deterioration of site or other improvements I a preuominance
of defective or inadequate street layout. faulty lot layout, 'amJ diversity of
ownership, and because of sllch conditions tile area exhil.dts the characteristics
of an "enterprise zone" as defined ill Section 290,004(I)(a). Florida Statutes,
and meets the requirements of Section 290.0055(3), (4) amI (5). Florida
Statutes; and
HIIEnEAS, the CityCollllllission finds that the rehabilitation, conservation
or redevelopmellt. or a comlJinat ion thereof, of the area described in Exhibit A,
inc1ud ing the area to be aLldeu to the ellteqlr ise zone, i ~ necessary ill. the
interest of the puulic health, safety, morals, or welfare of the residents of
the city; and
\/IIEREAS. there is a need to change the lJoII'llJilr ies 0 f the enter"pr i se zone
because the inclusion of the additional areas will diverSify the composition of
the enterprise zone lJy addiug a llIixture of residential, cOlluncrcial and
institutional uses, including parking facilities, thereby makillg tile zone I/Iore
allractive fOl' public and privale investmenl; 01111
HI/EnEAS, lite CHy COIIUllissioll lI~sires to cOIlLilllle lo parLicipale ill the
Florida Enterpr'isc Zone Pro~ralll as dcscril.Jt!d ill Chillll()r 190, F lo,-illa StaluLes;
flOW, therefore
DE IT liE SOLVED 13'1' TilE CiTY COr"'''1551011 Of lllE CITY Of
CI.EAlUlATEIt I f1.ClHIIJA:
<' ~;-- ,,- y
. .
. .,/.
Section 1. The area described in Exhibit A attached to this resolution,
including the areas added to the existing enterprise zone, Is hereby declared
to be the City of Clearwater Enterprise Zone pursuant to Section 290.0055(1),
Florida Statutes.
Sect ion 2. The City Commlss ion does hereby request approva 1 by the
Florida Department of Community Affairs of the change in the boundary of the
enterprise zone as shown in Exhibit A.
,
Section 3. The City COllUnission will follow a program of local
participation in the enterprise zone, including:
{a} The enterprise zone will continue to be a targeled area for the
expenditure of locally generated funds for capital projects;
{b} Additional local services will be provided in the enterprise zone;
'(c) The enterprise zone will continue to be a target area (or the
expenditure of federal community development funds administered by the citYi
(d) The approved commun ity reqeve lopmen t plan and the support i ng
community redevelopment trust fund will continue to lJe applied in the enterprise
zonei
{e} The City will continue to apply reduced local govermnent regulation
to the enterprise zone as appropriatei
(f) The City will cont inue to issue redevelopment revenue bonds in the
enterprise zone as requested and as appropriate, pursuant to Section 163.305,
Florida Statutes; and
(9) Emphasis will continue on maintaining a balance of conll1lercial/11ght
industrial and residential uses in the enterprise zone.
Sect ion 4. fleso lution 86-80, adopted on November 20 I 1906. is heteby
rescinded.
Section 5. This resolution shall take effect inunediately upon adoption.
PASSED AND ADOPTED this 19th
d2;fr.1989.
fllta Garvey
Mayor-~onMIl i S5 ioner
I he~~~y carlify IImt Ihis ;!i illru!? t!nj
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of:!cbl :;1:::2! 1)1 Ihe City of C.': '~.
. :>~-nl <w ~. /Ct~f\',Cller.
T~'S~~~ ___ 1 _~f...
2 Deputy Cily Clerk
Attest:
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ynt lA E. Gou P.ilU
City Clel'~
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M E M 0 RAN DUM
COPIES TO:
COMMISSION
PRESS
JJate JUN 07 18~.:J
CITY ClERJ{
'0
f""
TO:
SUBJECT:
ttayor and City Commi s5i on; DO'tmtovln Development Board
i-1ichael ~'/right, ~ant City j'lanager/Community Services
Comparative AnalY~~-Of the Downtown Development Board and the
Community Redevelopment Agency
. FROM:
DATE:
VIA:
June 7, 1989 .~ .
Ron H. Rabun, City r1anager/fl.?f~
Bo"Ch the Cl ean-/ater Do\vntown De'lelopment Board (008) and, the Cl earwater
Community Redevelopment Agency (eRA) were created at different times with the
overall goal of improving the economlC vitality of the downtown area. The DDS
and the C R A are s e par ate 1 e gal e n tit i e s, vii t h d i s tin c tan d d iff ere n t r e 'I e n u e
raising ability and identical jurisdictions. (Please refer to the attached
ma p. )
The DOS '"as creclted by special act of the legisl::1ture in 1970, ratified at
referer1dum by the district freeholders and subsequem:ly transferred to the
jurisdiction of a local ordinance in 1977. It is charged with certain
functions ~ncludina:
oJ
. To act as a catalyst to see that governmental services are performed
Jut wi~hout che authority to provide such services.
. To assist the City in preparing and maintaining an analysis of the
economic conditions and changes occurring in the downtown area.
, To assist the City in formulating and maintaining short and long range
pians for improving the attractiveness and accessibility to tile pUblic
dO\'Jntm'm facilfties, promoting the efficient use -::hereof, remedying the
deterioration of downtown property values and developing the downtown
area in genera 1 .
. To recommend to the City action for implementing any do\'Jnto\,m
development plans, including removal, razing, repair, renovation,
reconstruction, remodeling and improvement of existing structures,
addition of new structures and facilities, relocation of existing
structures and changes in roadway facilities.
. To participate in the implementation and execution or down"Cown
development plans.
, To carry out additional undertakings related to the do\.mtm-m area as
might be assigned by the City Commission.
~
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Page -2-
Comparative Analysis of DDS and eRA
June 7, 1989
The DDS consists of seven ~e~bers elected for three year terms by freeholders
...lithin the district. Board members are not compensated and must be either
property owners, or have his or her principal place of business or employment
in the downtown area.
Operating revenues for the DDS are derived from the levy of up to one mill of
property taxes in the district. That equates to between $135,000 to 5145,000.
The total taxable value estimate of the district is $181 mil lion that
theoretically could generate some $180,000 in revenue. However, more than S38
mill ion i n val u e s are c 1 ass i f i ed as do u b t f u 1 co 1 1 e c t ion s, res u 1 tin gin act u a 1
maximum revenues of $135,000 to $145,000.
The CRA It/as created by resolution in 1981 as a tax increment financing
di strTCt. The City Commi ssi on \,~as desi gnated as the governi ng board and
granted certain powers by statute that included, but ~,ere not limited to:
. To prepare and follow a redevelopment plan for the district.
. The ability to execute contracts.
o To undertake community redevelopment activities including the
acquisition of slum or blighted areas, de~olition, construction of
streets, parks and other ir:1provements, dispose of property, carry out
plans for voluntary or compulsive repair and rehabilitation of
buildings, acquisition of real property ilnd air rights by negor.iated
purchase or eminent domain, with approval by City Com~ission.
t To borrow money, accept grants or other financial assistance.
. To develop, test, report methods and techniques, and carr:.' out
demonstrations and other activities, for the prevention and the
elimination of slums and urban blight and developing and demonstrating
new and improved means of providing housing for families and persons of
1 a\,? i nCOr:1e.
The CRA cannot use its funds to construct or exoand administrative, fire or
police buildings unless agreed to by each taxing authority; construct capital
ir.Jprover.1ents that are not part of the redevelopment plan; or pay general
operating expenses unrelated to the redevelopr:1ent plan.
Fundi ng for the CRA comes from the i ncreas ed di stri ct property va 1 ues that
have occurred since the base :/ear. Property O\mers in the district pay the
same overall taxes as do other residents of the City, excludi ng any DDB
millage. The difference is, the money from property taxes the City and County
general fund \'lOuld norr.1ally receive rror.1 the dO\'mtmm area are essentially
frozen in t i~e. Any revenues as a result of increases in the tax -base are
diverted into the eRA trust fund for its purposes.
~~'
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Page -3-
Comparative Analysis of DDS and CRA
June 7) 1989
Tax revenues have increased incrementally since the base year and are expected
to be approximately $770,000 in the upcoming fiscal year. By law, these funds
must be expended within the fiscal year in which they are received or
committed to a limited number of options including prepayment of debt. Funds
cannot be held without commitment into the next fiscal year.
Thi s bri ef compari son bet\'Jeen the DDS and eRA is not intended to be all'
inclusive. The statute that outlines the duties of the eRA extends for some
fourteen pages and addresses a number of issues. Cop; es of the statute as
well as the DDS ordinance are attached for background information.
In summary, the ~ has fairly broad governmental powers that ~llow it to take
actions that are consistent with its adopted redevelopment plan. The language
in the ODS ordinance speaks specifically to its acting lias a catalystll and
assisting--or recommending specific actions in implementing the downtown
development plan.
Please advise if there are any questions.
MW/kd
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...uJMINISTRA TIO N
S 22.40
ARTICLE III. HISTORICAL COMMITTEE
Sec. 22.30. Created.
. There is hereby created a historical committee. (Code 1962, g 2.70)
Sec. 22.31. Com. position.
The historical committee shall be composed' of eleven (11) members. (Code 1962~ S
2-70)
Sec. 22.32. Terms.
The members of the historical committee shall have three-year staggered terms.
(Code 1962~ 9 2.70)
Sec. 22.33. Powers and duties.
The historical committee shall compile historical data, accumulate documents,
items and emblems of historical significance; shall establish for them a permanent
place in the library; shall attempt to preserve objects and sites of historical interest in
the city; and shall make recommendations to the city commission. (Code 1962, ~ 2-70)
ARTICLE rv. DOWNTOWN DEVELOPMENT BOARD'"
Sec. 22.40. Dermitions and rules oC construction.
Unless qualified in the text, the following definitions and rules of construction
shall apply in this article:
-
Board means the Clearwater Downtown Development Board hereby created. and
any successor to its functions, authority, rights md obligations.
Downtown. and downtown. area mean the area established by section 22.42 and any
areas added thereunder.
Elector shall be defined as in Article VII, Section 2 of the Florida Constitution.
Freeholder for the purposes of this article, means any elector who is an owner of
real property in the downtown area not wholly exempt from ad valorem taxation
including those claiming homestead.
Including shall be construed as merely introducing illustrative examples and not
as limiting in any way the generality of the inclusive term.
~
-Editor's note-This article which consists of the provisions of Laws of Florida,
Ch. 70-635. as amended, was converted to an ordinance by Laws of Florida, Ch.
77.637.
Cross reference-Downtown redevelopment plan, ~ 131.156.
Supp. No.4
225
. . g 2~.40
CLEARWATER CODE
,.....~
1
l'dajority with qualification means a majority of a quorum. (Laws of Fla., Ch.
70-635, g 2)
Cross references-Definitions and rules of construction generally, 3 1.02; finance
and taxation generally, Tit. IV.
Sec. 22.-11. Statement of policy and legislative findings.
(a) It is the policy of the city to make it possible for the city to revitalize and
preserve property values and prevent deterioration in the central business district by a
system of self help to correct the blight of such deterioration as has developed there. It
is a purpose of this art.icle to provide the means whereby property owners within the
district and benefiting directly from the result of such a progI'am will bear the
substantial cost thereof and thereby local problems may be solved on a local level.
(b) The city commission hereby declares that among the many causes of
commercial alight in the downtown area are the following: Automobile traffic now is
impeded by outmoded street patterns, a proliferation of uncoordinated uses and
parking area, unsuitable topography, faulty lot layouts, fragmentation of land uses and
parking areas necessitating frequent automobile movement, lack of separation of
vehicle traffic lanes and railroad traffic and air pollution. ''; oluntary cooperation for-
coordina.ted development has limitations because of fragmentary ownership, distant
absentee ownership and unusual conditions of title and other condit.ions.
(c) The downtown area is plagued with vacant and deteriorating buildings which
are neglected and produce a depressing atmosphere. Similarly there is much vacant
land area in the downtown area :md these factors tend to combine to put the downtown
area at 3. competitive disadvantage to modern offices and shopping centers developing
in the area. These factors tend to develop an image of the down town area which is
unrepresentative of its economic vitality and out-oi-place with the growth of the city,
thus producing a tarnishing effect on the overall image of the city.
(d) The area now hss few residences and many of the resIdences which do exist are
of inferior construction which would not be permitted for new construction under the
city's building code. It is in some instances a proper function of government to remove
blight and blighting inrluences from commercial areas. The police power may be
inadequate to accomplish this purpose. One effective device for removal of the blight of
the downtown area is the planning and implementation of planning for appropriate
land use, beautification. continuity of planning and aesthetic and technical design
concepts, the removal of deteriorated and obsolescent structures.
(e) The city commission declares that the powers created hereby are desired to
guide and accomplish the coordinated, balanced and harmonious development of the
downtown area in accordance with existing and future needs, to promote the health,
safety and general welfare of the area, and its inhabitants, visito~. property owners
and workers, to establish, maintain, and preserve aesthetic values and preserve and
. foster the development and display of attractiveness, to prevent overcrowding and
congestion. to improve auto traffic and provide pedestrian safety, and to provide a way
/'~
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ADMINISTRA nON
9 22.4 2
of life which combines the conveniences and amenities of modern living with the
traditions and pleasures of the past. (Laws of Fla., Ch. 70-635, ~ 3)
-
Sec. 22.42. Downtown a.rea description.
The downtown area included in this article shall be all those properties which lie
within the perimeter des(:ribed as follows: Beginning where Jones Street ends at
Clearwater Bay running east on Jones Street to My-rtle Avenue: thence south on Myrtle
Avenue to Drew Street; then east on Drew Street to Prospect Street; then south on
Prospect Street to Grove Street; then east on Grove Street to Greenwood Avenue; then'
south on Greenwood Avenue to Laura Street; then east (to include those properties
fronting on Cleveland Street) to Fredrica Avenue; then south on Fredrica Avenue to the
southerly boundaries of the 'properties fronting on Cleveland Street; then west on those
southerly boundary lines to Madison Avenue; then south on Madison Avenue to
vacated Park Street; then west to Washington Avenue: then south on Washington
Avenue to G,~uld Street; then west on Gould Street to Greenwood Avenue; then north
on Greenwood A venue to southerly boundary ('If Lots 24 and 9 of Block "Bn of
Coachman Heights Subdivision; then west on the south lot lines of Lots 24 and 9 to
Ewing A.venue; then south on Ewing Avenue to Court Street; then east on Court Street
to Greenwood Avenue; then south on Greenwood Avenue to the southerly boundaries of
these properties fronting on Chestnut Street; then west on those southerly boundaries
to ~lyrtle :\ venue; then south on !Y!YTtle A venue to Turner Street; then west on Turner
Street to East Avenue; then north on East Avenue to the southerly boundarie~ of those
properties fronting on Chestnut Street; then west on those southerly property lines to
old .-\CL Railroad right-of.way; then north on that right-of-way to Chestnut Street;
then west on Chestnut Street to alley; then south on alley to Rogers Street; then west
on Rogers Street to South Fort Harrison Avenue; then north on South Fort. Harrison
Avenue to Chestnut Street; then west on Chestnut Street to Clea....-water Bay. The board
created in :section 22.43 shall have the power from time to time by the following
procedure to alter or amend the boundaries of the downtown area. The board shall first
set a date for public hearing on the adoption of a resolution amending the description
of the downtown area and shall cause a notice of the public hearing to be published in
a newspaper of general circulation published in the city, which notice shall be
published four (4) times, not less than thirty (30) nor more than sixty (60) days from
the date of the hearing. The notice shall set forth the date, time and place of the
hearing and shall describe the boundaries of the existing downtown area as defined
herein and shall describe the changes to be made thereto. Additionally, the board shall
cause to be mailed to each owner of the property, a(:cording to the tax collector's
records existing in the county, a copy of the notice as published in the paper. After the
public hearing, the board shall adopt a. resolution- defining the changes in the
downtown area. The board shall not incorporat~ land into the district not included. in
the description contained in- the notice of. public hearing, but it may eliminate any
lands from the area. A freeholders' referendum, as set out in section 22.51, shall then
be held in connection. with any additions to the ares detined in this section. with only
those voting tn the new area being eligible to vote. However. if any deletion shall be
Supp. ~o. 31
227
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CLEARWATER CODE
made in the area defined in this section. then all the freeholders. within the area
defined in this section shall be entitled to vote in the freeholders' referendum. (Laws of
Fla., Ch. 70-635. g 4)
Sec. 22.43. Creation of the board; composition and provisions relating to members.
(a) There is hereby created a board composed of seven (7) members to be known as the
"Clearwater Downtown Development Board."
(b) Seven (7) members of the board shall be elected for three-year terms, with two (2) or
three (3) members being elected each year. at a date specified in the bylaws. by the electors
and by the designated voting representatives of any corporations or other artificial legal
entities owning property 'Nithin the ta..dng district and by any other persons owning property
within the district. Corporations or other mificiallegal entities desiring to designate a voting
representative with the board shall do 50 within two (2) weeks prior to the mailing of the
ballots, in the form and manner specified in the bylaws. In any election, each qualified voter
. shall have the right to write in any additional person on the ballot for each office. Any
returned ballot postmarked two (2) weeks later than the date the ballots were mailed shall be
null and void. Any ballot containing fewer votes than the number of seats to be filled shall be
null and void.
(c) Reserved.
(d) Two (2) board members shall be elected at each annual election except that three (3)
board members shall be elected in 1989 and ~ver"] third year thereafter. For each election, a
number of persons equal to twice the number of seats to be filled shall be nominated. Each
qualified' voter shall vote for a number of nominees equal to the number of seats to be filled.
The two (2) or three (3) nominees receiving the greatest number of votes, depending upon the
number of seats to be filled shall be elected as board members and shall serve for three-yea.x
.
terms.
(e) To qualify for service on the board and to remain qualified for serrice on it, the board
member shall have his or her pri.ncipal place of business or employment in the dO\'w'1ltovm area
or shall hold property in the downtown area.
(t) Any vacancies in office shall be filled after the nomination of at least two (2) individu.
als for that oInce, .:..nd the mailing of ballots to the freeholders in the downtown area wi.thin
thirty (30) days of the occurrence of that vacancy.
(g) Each member of the board shall serve without compensation .for services rendered as a
member, but may be reimbursed by the board for necessary and reasonable expenses actually
incurred in the performance of duty. The board may require that all its members or any or all
of its officers or employees be required to post bond for faithful performance of duty; r,he board
shall require such bond of all persons authorized to sign on accounts of the board, and .he
board shall pay bonding costs. No member of the board shall be personally liable for any
action taken in attempting in good faith to perform his or her duty, or for a decision not to act;
except in instances of fraud or willful neglect of duty. (Laws of Fla., Ch. 70-B35, ~ 5; Laws of
Supp. No. 31
228
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.I-
ADMINISTRATION
~ 22.44
.
Fla., Ch. 75-358, 9 1; Ord. No. 3085, ~ ~ 1, 2, 6-16-83; Ord. No. 3488, ~ 1,4-19-84; Ord. No. 4549,
~ 1, 3-3-88)
. Sec. 22.44. Board bylaws and internal governance.
(a) The board shall formulate and may amend its own rules of procedure and
written bylaws, not inconsistent herewith, but such rules of procedure and written
bylaws, and amendments thereto, shall become effective only after the approv~ of the
freeholders in the downtown area by written ballots.
(b) Four (4) voting members of the board shall constitute a quorum for the
transaction of business, but fewer than a quorum may adjourn from time to time arid
may compel the attendance of absent members. All action shall be taken by vote of at
least a majority present and voting. The board shall select one of its members as
chairman and another as vice.chainnan, and shall prescribe their duties, powers and
terms of serving_ It shall hold regular meetings at least once a month and shall provide
in its byb.ws for holding special meetin;;;s. All freeholders in the downtown area shall
SUppa No. 31
228.1
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ADMINISTRATION
S 22.46
be notified by mail of the time and place of all regular or special meetings and shall
have the right to attend and voice opinions at such meetings. (Laws of Fla., Ch.
70-635, S 6)
Sec. 22.45. Functions of the board..
The board shall perform the following functions:
(1) The board shall not provide city governmental services, but shall act as a
catalyst to see that such services are properly planned for within the
downtown area and are provided in a proper and full manner within that
area;
(2) Assist the city in preparing and maintaining on a current basis an analysis
of the economic conditions and changes occurring in the downtown area~
including the effect thereon of such factors as metropolitan growth, traf~c
congestion, lack of adequate parking and other access facilities, and
structural obsolescence and deterioration;
(3) Assist the city in formulating and maintaining on a current basis both
short range and long range plans for improving the attractiveness and
accessibility to the public of downtown facilities, promoting €,,fficient use
thereof, remedying the deterioration of downtown property values and
developing the downtown area in general;
(-0 Recommend to the city for its consideration and approval the actions
deemed most suitable for implementing any downtown devdopment plans,
including removal, razing, repair, renovation, reconstruction, remodeling
and improvement of existing structures, addition of new structures and
facilities, relocation of those e~isting. and changes in facilities for getting
thereto and therefrom;
(5) Participate actively. in the implementation and execution of downtown
development plans, including establishment, acquisition. construction.
ownership, financing, leasing, licensing, operation and management of
publicly owned or leased facilities deemed feasible and beneficial in
effecting implementation for public purposes, bU1: chis paragraph shall not
give the boaxd any power or control over any city property unless and
until assigned to it by the city commission under the provision of
subsection (6) of this section;
(6) Carryon such additional lawful projects and undertakings related to the
downtown area as the city commission may assign to the board with its
consent. (Laws of Fla., Ch. 70-635, g 7)
Sec. 22.46. Powers of the board.
1n the performance of the functions vesud in or assigned to the board under
section 22.45, it is hereby granted the following powers:
229
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~. 22.46
CLEARWATER CODE
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(1) To enter into contracts and agreements t{) accomplish the functions set forth in
section 22.45, and to sue and be sued as a body corporate;
(2) To have and use a corporate seal;
(3) To accept grants and donations of any type of property, labor, or other thing of
value from any public or private source;
(4) To receive the proceeds of the tax hereby imposed;
(5) To receive the revenues from any property or facility owned, leased, licensed, or
operated by it or under its control, subject to the limitations imposed upon it by
tru.'3ts or other agreements validly entered into by it;
(6) To have exclusive control of funds legally available to it, subject to limitations
imposed upon it by law or by any agreement validly entered into by it;
(7) To cooperate and enter into agreements with other governmental agencies or
other public bodies, e:tcept that nothing in this article shall be construed as
authorization to initiate a federally subsidized urban renewal program and any
such urban renewal program is hereby specifically prohibited;
(8) To issue and sell revenue certificates as hereinafter provided, or in any other
manner permitted by law and not. inconsistent with the provisions hereof, and
to take all steps necessary for efficient preparation and marketing of the
certificates at public or private sale at the best price cbtainable, including the
entry into agreements with corporate trusrees, underwriters and ~he holders of
the certificates, anq. the employment and payment as a necessary expense of
issuance, for the service of consultants on valuations, costs and feasibility of
undertaking, revenues to be anticipated and other financial matters,
architecture, engineering, legal mattars, accounting matters, and any other
fields in which expert advice may be needed to effectuate advantageous
issuance and marketing. (Laws of Fla., Ch. 70-635, S 8)
~.
Sec. 22.47. Lt!vy of ad valorem tax.
For the fiscal year to be specified in the bylaws beginning after the approval of
this article by the freeholders, the CO\L."'lty shall levy an ad valorem tax in addition to
all other ad valorem taxes th;:u may be levied annually by the county on all properties
within the area described in section 22.42, except those properties qualifying for
homestead exemption, and shall administer such levy as a special taxing district levy
authorized by freeholders vote under Article VII Section 9 of the Florida Constitution.
The rate shall not exceed one mill on each dollar of tax base and the downtown
development board shall establish its budget for the coming fiscal year prior to the
time the t8-"'C collector of the county shall prepare the ta.'t hills and communicate by
written notice to the county ta:'t assessor what millage rate. within the one mill limit,
shall be in effect foJ:' each year's billing. provided, however. that the one mill limitation
can be increased in a freeholders referendum called by the board and held in
accordance with section 22.51. Such a referendum shall be solely 011 the question of any
~~
230
, " , ' ; . \ . , ~' '\ ....,' \ ~ . I . _ I " .; . I ,I, " '. , ' (J \ f : 1 ' . I , " \',... I
ADMINISTRATION
9 22.49
increase in millage and shall not be construed to be a repeal of the original
referendum. (Laws of Fla.. Ch. 70-635, S 9)
Sec. 22.48. Board records and fiscal management.
(a) The funds of the board snail be maintained under a separate account and shall
be used for the purposes herein authorized and shall be distributed only by direction of
or with the approval of the board pursuant to requisitions signed by the director or
other designated chief fiscal officer of the board and countersigned by at least one
other persoi 1 who shall be a member of the board.
(b) The board bylaws shall provide for maintenance of minutes and other official
records of its proceedings and actions, for preparation and adoption of an annual
budget for each ensuing fiscal year, for internal supervision and control of its
accoun ts, which function the appropriate city fiscal officers may perform for at its
request, and for an external audit at least annually by an independent certified public
accountant who has. no personal interest, direct or indirect, in its fiscal affairs. A copy'
of the ex.ternal audit shall be filed with the city clerk within ninety (90) days after the
end of each fiscal year. The bylaws shall specify the means by which each of these
functions is to be ;Jerformed, and, as to those functions assigned to board personnel.,
the manner and schedule of performance.
(c) No member or employei"' of the board shall participate by vote or otherwise on
behalf of the board in any matter in which he has a direct financial interest or an
indirect financial interest other than of the benefits to be derived generally from the
development of the downtown area. Participation with knowledge of such interest shall
constitute malfeasance and shall result. as regards a member, in automatic forfeiture
of office, or as regards an employee, in prompt dismissal. (Laws of Fla., Ch. 70-635, ~
10)
Sec. 22.49. Provisions governing issuance of certificates.
Issuance of revenue certificates by the board shall be governed by the following
general provisions:
(1) Revenue certificates for purposes hereof are limited to obligations that are
secured solely by pledge of revenues produced by ~he facility or facilities ror the
benefit of which the certificates are issued and the sale proceeds used, that do
not constitute a lien or encumbrance, legal or equitable, on any real property of
the board or on any of its personal property other than the revenues pledged to
secure payment of the certificates.
(2) The faith and credit of the city shall not be pledged and the city shall not be
obligated directly or indirectly to make any payments on or appropriate any
funds for certificates issued by the board.
(3) Before issuing any revenue certificates the board shall as to each issue:
a. Prepa:re or procure from a reputable source det:ailed estimates of the total
cost of the undertaking for which the certificates are conU!mplated and of
231
. 5 22.49
CLEARWATER CODE
........
the annual revenues to be obtained therefrom and pledged as security for
payment of the certificates;
b. Determine that the anticipated net proceeds from the sale. together with
any other funds available and intended for the purposes of the issue. will
be sufficient to cover all costs of the undertaking and of preparing and
marketing the issues or connected therewith;
c. Determine that the annual revenues anticipated from the undertaking will
be sufficient to pay the estimated annual cost of maintaining, repairing,
operating and replacing, to any necessary extent, not only the undertaking
but also the punctual payment of the principal of, and interest on. the
contemplated certificates; and
d. Shall specify these determinations in and include the supporting estimates
as parts of the resolution providing for the. issue.
(4) The board may, as to any issue of revenue certificates, engage the services of a
corporate trustee for the issue and may treat any or all costs of carrying out
the trust agreen:;ent as part of the operating costs of the undertaking for which
the certificates are issued.
(5) The board shall from time to time establish such rent.? ~5 rates, and char~es. or
shall by agreement maintain such control thereof, as to meet punctually all
payments on the undertaking and its maintenance and repair, including
reserves therefor and for depreciation and replacement.
(6) Revenue certificates may be issued for the purposes of funding, refunding or
both.
.' --..,
f
.
'(
'.
J
.
(7) All revenue certificates issued pursuant hereto shall be negotiable instruments
for all purposes.
(8) Validation of bonds shall be in accordance with Florida Statutes, Chapter 75.
(Laws of Fla., Ch. 70-635, ~ 11)
Sec. 22.50. Transfer upon cessation of the board.
Should the board cease to exist or to operate for whatever reason, all property of
whatever kind shall forthwith become the property of the city, subject to the
outstanding obligations of the board incurred in conformity with all of the foregoing
provisions, and the city shall use this property to the maximum ~xtent then practicable
for effectuating the purposes hereof and shall succeed to and exercise only such powers
of the board as shall be necessary to meet outstanding obligations of the board and
effect an orderly cessation of its powers and functions. however. under no
circumstances shall the city directly or indirectly be obligated to pledge or use any of
its tax monies to accomplish these functions. (Laws of Fla., Ch. 70.35, S 12)
Sec. 22.51. Freeholders' referendum.
No powers shall be exercised by the board, nor shall any special taxing district be
established. until such time as the freeholders not wholly exempt from taxation in the
1/'
~
232
: < . '\_. '; ~ \ . \ ~ J' I I ,'" 1'. , 'r," ' ,', I " I \" ~ / r' I \ ,'.; I If f , } . ~ I I, ,', II ~
;j
ADMINISTRATION --
g 22.51
downtown area approve this article In accordance with the referendum provisions
provided hereinbelow:
(1) Election supervisor. For the purposes of this referendum, the city clerk shall act
as election supervisor and do all things necessary to carry out the provisions of
this section.
(2) Registration. Within thirty (30) days from this article becoming a law or the
state, the clerk of the city shall compile a list of the names and the last known
addresses of the freeholders in the downtown area. from the t:.ax assessment
rolls of the county and the same shall constitute the registration list for the
purposes of the freeholders referendum herein, except as hereinafter provided.
(3) Notification. Within the time period specified in subsection (2) above, the clerk
shall notify each freeholder or the general provisions of this article, and send
him a certified copy of same, the dates of the upcoming referendum and the
method provided for additional registration should the status of the freeholder
have changed from that obtained from the county ~ assessor. Notification
hereunder shall be by United States mail and in addition thereby by
publication one time in the Clearwater Sun or other major newspaper of
general circulation within the time period provided in subsection (2) above.
(4) Additional registracion. Any freeholder whose name does not appear on the tax
rolls may register with the city clerk at the city hall, Clearwater, Florida.')r by
mail in accordance with regulations promulgated by the clerk. The registration
lists shall remain open until ;.hirty (30) days after the notiiication provided in
subparagraph (3) above.
(5) Voting. 'Nithin thirty (30) d,lYS alter the closing of the registration List;, the clerk
shall have a secret and direct ballot of the freeholders by providing a certified
voting machine at the city hall of the City of Clearwater, between the legal
hours of voting and normal elections, and shall place t~e date of this election
in the original notification and additionally the day after the regist;ration list is
closed, shall mail to all eligible voters additional notificat;ion of the time and
place of said election.
.Within one day after holding said election, the clerk shall certify the results
thereof to the city commission. Any person voting who has knowledge that he
is not a freeholder, shall be guilty of perjury and shall be prosecuted and upon
conviction, punished in accordance with the provisions of the laws of this
state.
(6) Passage of the article. The freeholders shall be deemed to have approved the
passage of this article at such time as the clerk certifies to the city commission
that ill excess of fifty (50) per cent of those voting were in favor of the
establishment of the downtown development board.
(7) For the purposes of this article, one vote shall be allowed for each individual
who is a freeholder or elector within the downtown areas and by the
~. -
233
. S 22.51
CLEARWATER CODE --
.",
constitution of the state. Joint and several owners of property shall be allowed
to cast one ballot each.
(8) Should the freeholders fail to approve of the provisions of this article as
provided herein, an additional election procedure under this section shall be
held as if the city commission had repassed this article at that time. Should the
freeholders fail to initially approve this article as provided herein after two (2)
such referendums, all provisions of this article shall be null and void, and this
article shall be repealed.
(9) Additional freeholders' elections called after increasing or decreasing the
boundaries of the downtown area in accordance with section 22.42 shall be
held in accordance with the referendum provisions for initial approval of this
article; provided, however, that no provision of this article shall require the
approval of freeholders in an area which has previously approved of the
provisions of this article by any referendum held hereunder, unless there is
involved a decrease in the boundaries of the downtown area.
234
(lO) A repeal referendum may be called by petition of the freeholders representing
at least thirty (30) per cent of the freeholders in the downtown area, for the
purpose of abolishing the board and repealing this article. Upon thn receipt of
such a petition for a repeal referel1dum by the city clerk, a freeholder
referendum election shall be called by the city clerk and shall be held under the
proceduxes as specified in section 22.51. If the repeal shall fail, there shall be
no additional repeal referendum made by petition at any time until aiter one
year from the certification of the re~JUlts of the previous repeal referendum by
the clerk.
(11) 'The elections to be held under this article shall be held in accordance with the
election laws of the city insorar as possible. The Downtown A3sociation of
Clearwater, Inc., will bear the cost of the initial elections should the question
fail, otherwise the board shall :')e billed for the cost of the el~ction by the city.
(Laws of Fla., Ch. 70-635, ~ 13)
Sec. 22.52. Owner electors only electors eligible to vote.
In order to further the policies and purposes or this article, as is specified in section
22.-H, it is determined that those most directly and u.niquely interested in the
establishment of this article are the freeholders that may have to pay taxes in
connection with the establishment hereoi. Therefore. these freeholders including those
with homesteads, are the only electors eligible to 'Iote as provided in this article. (Laws
of Fla.. Ch. 70-635, g 14)
Sec. 2:2.53. Millage limitations.
This article provided for the establishment of a special ta=ting district under Article
VII, Section 9, of the Florida Constitution and the millage limitations are specified (
within this article as authorized by the constitution. However, should any court ;:'.,;.
"
ADMLNISTRA TION
9 22.61
construe this article to be within the ten (10) mill limitation of the city or ten (l0) mill
limitation of the county, then all provisions of this article shall be null and void, and this
article shall be repealed. (Laws of Fla., Ch. 70.635, ~ 15)
Sec. 22.54. Liberal construction and severability.
The provisions of this article. being desirable for the welfare of the city and its inhabi.
tants, shall be liberally construed to effectuate the purposes herein set forth. (Laws of Fla.,
Ch. 70.635,.916)
Sec. 22.55. Ef-fective date.
This article shall become effective only when the same shall be approved by a majority of
the votes cast by the qualified electors at the city at a primary or general election. (Laws of
Fla., Ch. 70-635, ~ 17) .
-0;;, .
....
".
- ARTIC~V-:-MUNICIP
ORCE:MEN'1' BOARD*
Sec. 22.60. Creation and membership.
There is hereby created within the city a Clearvrater Code Eniprcement Board which
/
shall be composed of seven (7) members, all of whom shall be re~nts of the city. (Ord. No.
2169, ~ 1, 8-21-80; Ord. No. 2876, ~ 1, 11-18-82) //
/
Sec. 22.61. Function, appointment and term of offiJre.
(a) The Clearwater Code Enforcement Board s~ have the purpose of conducting hear-
/
ings :elating to the enforcement,of codes andlidinances in force in Clearwater, where a
pentllrlg or repeated violation continu,es to e:cist, including but not limited to occupational
, /
license, fire, building, zoning and sign cOdzr:
/ '
(b) Appointments to the code enfoF~m~?it,!JQaxd shall be :Dade by the city commission,
/ '
and appointment of a majority of th~'membership'~all be made on the basis of experience or
interest in the fields of zoning, building and developnt~t control.
/' ",
(c) The initial tenI13 ofmembeM of the board shall be ~follows: Two (2) members shall be
appointed for a term of on~ear; three (3) members shall h~''ap'pointed for a term of two (2)
years; and two (2) mem~ shall be appointed for a term of three'(a) years.
/ "
(d) Thereafter, ~pointments shall be for a term of three (3) i€>ar~. ?vlembers may be
reappointed for on,e successive term upon the concurrence of the city commission. Appoint.
ments to fill anf~acancy on th_e board shall be for the remainder of the un'exI?ired ter:n of
/1 . '-.'.....,
-Editor;! note-Ord. No. 2169, ~ I. adopted A'-4:. 21, 198Q, amended the 1962-cooe
by addini Art. IX. ~~ 2-133-2-143, which the editor has included herein as Ch."22~
Art. V:/~~ 22.~22.70. ~
Supp. No. 30
234.1
"
9 22.61
CLEARW ATER CODE
."
office. COrd. No. 2169, g 1,8-21-80; Ord. No. 2876. ~ 2, 11-18-82; Ord. No. 4034, g 1,9-5.85; Ord.
No. 4513, ~ 1, 12-3.87)
Cross references-Licenses. eh. 71; tire prevention code, ~ 93.20 et seq.; zoning, Ch. 131
et seq.; signs. Ch. 134; building code, Ch. 138.
Sec. 22.62. Attendance; removal from office.
. (a) Any member of'the board who fails to attend two (2) ~ut of three (3) successive
meetings without cause and without prior approval of the chairman of the board shall
automatically forfeit such appointment and the city commission shall promptly fill
such vacancy.
(b) The members of the board shall serve subject to the provisions of sect.ion 22.06
of the- Clearwater Code of Ordinances relating to attendance at m~tings. (Ord. No.
2169, 9 1,8-21-80)
Sec. 22.63. Organization; expenses.
(a) At the first mee'ting of the board, the members shall elect one of the members to
be chairman. The person so elected shall function as chairman for a one-year term.
(b.l Four (4) or more members of the board present at any meeting shall constitute
a Quorum in order for the board to conduct tts bWiincss.
(CI ~fembers of the board shall serve without compensar.ion but shall be entitled to
be reim bursed for such mileage expenses and per diem expenses as the city commission
sha)] by ordinance authorize. (Ord. No. 2169, S 1, 8-21-80)
Cross reference-Travel. ~9 27.01-27.11.
..
I
Sec. 22.64. Enforcement procedure.
Except where the inspectCIr t:harged with enforcing a particular code or ordinance id~nti-
lied herein has reason to believe that il code violation presents a serious threat to the publ~
health. safety and welfare. the code er...!orcement procedure under this article shall be as
follows:
(1) It shall be the duty of ~he code inspector to initiate enforcement proceedings with
respect to each code or ordinance.
(2) \Vher~ the code inspE:ctor finds or :s made aware or a code ..iolation. the code inspec,
tor ~hn.ll nor.ify the violator and such notice shall provide a reasonable time to corr~t
the violation. Should ~he violation continue beyond t.he time specified in the notice.
the code in:;pec~or shall notify the: code enforcement hoard and request a hearing. 'The
code ,mforcement board. through its cleric:)l stall. :)nall schedule a hearing. and
v.Tftten notice of such hearing shall b~ n:lnc deli\'ered or mailed as provided by this
article to said violator. If the violation is corrected and then r-ecurs, tohe case shail be
presented to the board e,,'E'n if the violation is corrected prior to the board hearing at
which the rectlT:-ing violation is scheduled to bt:: heard. The notice of the hearing shall
(
---
Supp. ~ o. 30
234.2
. ,~'
.'
Ch. 163
INTERGOVERNMENTAL PROGRAMS
1=.5. 19B7
-
163.3231 Consistency with the comprehensive
plan and land deveiopment regulations.-A develop.
ment agreement and authorized development shall be
consIstent with lhe local government's comprehensive
fJlan and land development regulatIons.
~/laIOry.-s. :.s, en. 8&-191
163.3233 Local laws and policies governing a de-
velopment agreement.-
(1) The iocal government's laws and policies gov-
erntng the development of the land at the time of the ex-
ecution of the de'/elopment agreement shall govern the
development of the land for the duration of tne develop-
ment agreement.
(2) A local government may apply subseauently
adcoted laws and policIes to a development that is sub-
Ject to a develooment agreement only if the local govern-
ment has held a public hearing and determined:
(a) They are not In conflict with the laws and poliCies
governrng the develooment agreerr.ent and do not pre.
'lent develoement of the land uses. intensities. or c:!=nsj.
ties In the cevelooment agreement;
(b) ihey are essential to the pUDlic health. safety. or
welfare, and expressiy state that they shall apply to a
development that is subject to a development agree.
ment;
(e) They are soecificaily anticipated and provided
for In tM ce'lelopment agreement;
(d) 'I'ne local gover~ment demonstrates tr.at sub-
stantial ct1anges have oc~urrea in oertlnent ccnd:tions
eXisting at t;ie ~Ime of approval of the development
aareement: or
-(e) The de'leloDment agreement is based on sub-
stantIally Inaccurate information supplied by the devel-
oper.
(3) ThiS sp.ction coes not abrogate any rights that
mav vest oursuant to common law.
HI~IO~.-~. 25. en. 95-191.
163.3235 P~riodic review of a development agree-
ment.-A lccal government snaIl review land subject :0
a develoomen: agreement at least once every 12
montns to determne It :here has been demonstratec
good faith comoiiance with the terms at the ceveloo-
ment agreement. if the local government findS. on me
basis of substantIal comoetent e'lldence. that there has
been a failure to comoly WIth the :erms of the aevelcp-
ment agreement. :ne .agreement may De re'/oKed or
modified by the local government.
Kislory.-S. 27, en. :6-191.
163.3237 Amendment or cancellation of a develop.
ment agreement.-A development agreement may be
amenced or canceled by mutual consent of the :James
to the aGreement or GY thelT successors In Interest.
History.-s. ~g. en cO-l9t
163.3239 Recording at a development agreement.
-Withm 1~ cays after a local gO\iemmeot enters IntO a
cevelooment aGreement. tne local government snail rec'
ord me agreement 'Nltn the Clerk of the CirCUit court :n
me county wnere tile local government IS located. A
coDy of:he recorcea oevelODment agreement si1all be
suomrtted to the state land olannlng agency within 14
days aiter the agreement is recorded. The burdens of
the develooment agreement shall be binding upon. and
ttle ben.eflts of the agreement shall inure to. all succes-
sors In lnt~est .to the cartles to the agreement.
HI.tery.-s. .~. en. 06-191.
163.3241 Modification or revocation of a develop-
ment agreement to comply with subsequently enacted
state and federallaw.-If state or federal laws are en-
acted after the execution of a development agreement
wnlch are applicable t(, and preclude the parties' com.
pliance with the term~ of a develcoment agreement.
such agreement s'~3il be modified or revokeo as IS nec-
essary to comoly ;, ,th the relevant state or leoerallaws.
Hlalory.-s,:iJ, en. B6-\g1.
PART III
163.3243 ~n1orcement.-Any party. any aggrieved
or adversely affected person as defined In s.
163.3215(2). or the state land clanning agency m:3Y file
an action for InjUnctive relief in the circuit court wnere
the local government is located to enforce the terms of
a development agreement or to cnallenge ccmoliance
of the agreement With the provislo;iS of ss. i 63.3220-
163.3243.
Hi.tory.-~, 31. C:'l. :J6-191.
COMMUNITY REDEVELOPMENT
Short title.
i=inaings and dec!arations of necessity
Deiinltlons.
::ncouragement :;i 8f1Vate enter8rtSe.
:-.lonce to ;axmg authOrllles.
WorKable orog:-am,
::lower of taxing aurhonty to tax or aoorocnate
funds to a rece'/elooment trust :una In or-
aer :0 creser'le ana ennar.ce me ,ax ::ase
of the aurl'omy
=:ndir.Q of r;ecesslty by county or mUnlc;cali.
tV.
::reation of communIty rece'/eiocment ager,.
'CY.
30vernlng :::Ody as :he community reae'lelOO'
ment agene'!,
::,XerCIse of :Jowers ;n carr~/lng cut ::ommunlry'
redevel08ment anc ~elatea actiVities.
:ommunl\Y 'ecevelooment plans.
~..1cdification of communIty rede'leloorr.ent
clans.
:ontents of community redevelocment clan
~c!ghcorncoc and communlt:/wlde ::llans.
::JuOilC oHic:als, cOr:1missloners. ana emc:oy.
ees SUD!eC~ to CGce 0: ethics.
?owers: counties and munlc:oalitles: c::mmu.
nlty recevetooment agencIes.
=mlnent aoman
Jisoosal ct orooerty !n ccmmunlt~1 reoe'/eI08'
ii',ent area.
:ssuance oi revenue bonds.
:;eaevelooment :rust funa.
30nas as legal investments.
- i'l1' . ~ ,-'??!'~~t!!-'?~~..~.. '7.~"""....~"".i~.1.~~~~. -.' - _~~~-ef"~~~'1.:"~]
"?;:1.r":J. ,~c'<;:_.i'f';"'A..:.~.-t:':.,;,:,~;;.~;;;-, ...;I(.:.,'fi~:.f..r.~~,,;;,iJ.- :,.1i$~} 'I-I:r".!;' ,;:;J;;. r.j,.:o'~'.,~~.:..;:f.l,::,'>~:~;".~l."';;:_....~ t!:J..~":' ~}.ih'!__-. ~~!.?.;~,.tAY~';'; :'J&"A, :1 ~ ~:..'IJ":' -;',
,_,,~,. ,,_. ">../" ..~.." ;,~", ';>'''''''.,:.' :1r',;j~"-'~' .. - "l.~ 'C:t,t ":-"~'.!"~'-' -. -"~-,,~ "'"',0;.;:" .~.. .~~;.~ - ";J.oi.l\:.'''Li;'~.ld'~'~' ~ ."
~';-~I~':::5;'F~~~~i:;;1i~~~~~:~..h'ii:~Y': ,i:~~~;'tt!,~;;'''~';'r.~"'i ':'Ji':;~"~' ;.. .~.l1!:!'r~' q~I:~.j:..!;~~.t1..'J.~;~i~..t-.~J~'.?i!::--r.::.tEt. . "'~':.....""~~~~1' ';'~.:-;.::..... . ~. .:.,~ t..:. i.':r.'.~lf.{!.~
..,-.+, .....""'""~.~~i\."~:}j... """ .;'..' 'il'< .. ;.".!X':, r..' 'j" "J1,y"~:.r.: (!'''I;''',,,,,~ ;~""~.-:oc:. -."",~,: i" 1t~2.~"" Y. '!A~''''''':'''' ':.. .............'r~:f.
.. ". ~\ 'iV',; '~,-i..... ,.,5:.\,."" "-:r~l"~ '~"""'~~r-:1.\. i;<,,APo;;....:-. ;r~~~.,..........,.. · ......,...-,.;:. V;..;;. -'" ~ .. "t~.. ,;r,.. '~"-"""'1:'~' .
.' ; f .~~~."' ~'J ~1~.t'!.~~, ~:~t:: "'.~:~~~~~~' .:~~....~~rJ~~~~rot;.)i;'" l''i!:~;{{.~:-~:_ l~"?-;~~ .... ".' S.;- ~':....r".:-~~~~r,1til _ .. ~rR! " ~-. ~~~:".:'.
l\,~"~~>;,}o'oOo~~~", ''^-.........:I.''-~.,:'''. ~..... " \lr..:,:.:....~.'. ,.;....I'...:...:JI. .".....' .t.?;j~(:~.. ~-:";"i"" J1L.~-=~..::..;~..::\..;=.. "!rI:'=-.' 3r.. ~ ,~t:.'.'
....,...:.,,:._.............,.. "". ',tI :.j,JoJI . -, ., .,,,::;'""[, .... ,.. ~- .........~.......~....'"_~~ ~~~~ ~.r,'ll.:~.:..~-~.;;,j' ,~- ~D- \AI>""'(~'"''''
4~.:5:'~~.~..c.~:~:....,.~:~~,1~...... ".~~~f;...__:'"_.__-_:_~. ~.:__~~_...- __-~"";-._ _-,.......,r-N;C'".,...~c;. _ '.' _...._.~~l..t: ...'
......-...;.._.._..~...'.'n.....'..........,'......... .... ..........'. to..' ,." "" .. .. . '
163.330
163.335
163.340
163.345
~ 63.346
163.350
163.353
, 63.355
.......,.. ""'l.......
I O';'.~:JO
~ 63.357
-: 63.;::8
~ 62.360
1 e3.361
~ 63262
163.365
i63,36i
163.370
1....." -7-
,o~..; .::
163,380
1 -"" -8-
I C~.~ :>
163.387
163,390
926
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Cn. 163
163.395
Prcperty exempt trom taxes and from levy and
sale by wtue ot an execution.
Ccoper:won b,/ puoilc beales.
Title at purc~aser.
ExercIse of powers In countl~s with heme rule
cnarters.
Exercise of powers In ':8untteS without home
rule charters.
Powers supplemental to eXisting community
redevelopment :Jowers.
ASSIstance to ccr,lmunilY redevelopment by
state agenc:es.
Munic:cal ana county part!c:oatloil in ~elgh.
bornood development progr:llTls under
Pub. L. No. 90-448.
163.4DO
163.'405
163.410
163.415
163.430
163.445
1 63.450
163.330 Short titte.- ThIS part shail be known and
may be cited as the "Communlty Redevelopment Act of
1969:
HIIIOI"f.-s. I. ::"1. cg...3()5.
163.335 Findings and declarations of necessity.-
(1) It is hereoy found and Gec!3red ttlat there eXIst
in ::ounties and mUnlc:palitles of the state 51ulTl and
blignted areas whicr. cons~ltute a senous and gro..../Ing
menCice. 1T1lufloUS to the puolic health. saietv. morals.
and ''veltare of the residents or the state: :hat :ne ex:st.
ence of such areas ::ontnQutes suostanuaily and in.
creaslngly to the s~read af disease and cnme. consti-
tutes an economic .and soclalli201iity Imposing onercus
burdens whlC:1 decrease :he tax jase and reduce '.lX
revenues. subs tan (tally lmcalrs or arrests souna growcn.
retarCs ,he provISion of nouslng ar;::ommcdaoor.s. ago
gravates tr3ttic proclems. and 3t.:sstantiallv hamoers
the elimInation ot traffic hazaras and the :moro'lement
rA traffic fac:iities: and t"at tne oreventlon ana elimina-
tion ot slums and blignt IS a matter of state pOlicy and
state concern In order that the state 2.!;tj its countIes and
:'T1unlc;callties shail not contlnu,..: to be enaangered ty ar-
eas Wnlc:1 are fOC3J centers cf disease. promote luvenlie
celinquenc'/, and consume an excessive proportion ot
its revenues because of ~he extra services required fcr
~o!jce. fire. 3cc:cent. :losoltaliz3tlon. and other forms of
;:ublic protection. services. and fac:iities.
(2) It IS rurtner fauna ana declared that certain slum
.Jr blit;ntea areas. or oanlons therecf. may require 3CQUI-
sltion..c!earance. and dispcsltion subject to use resmc.
tlons, as orovlded In thiS part. Since ihe prevailing canci-
tien of :::ecay may make rmoracticaDle lhe reclamatIon
ot the area by ccnser/atlOn or rehaDllitation: that other
areas or porttons tl"lereot may. througn the means pro-
'/laed in tt~IS par1. be susceptible of conservation or rena.
bllitatlon In sucn a manner :hat tne conditions and eVlis
enumerated may be eliminated. remeaied. or prevented:
and that salvageacle slum ana 'olighted areas can oe
conserved and rehaoJiitated thrcugn approCfiare puotic
aCllon as herein authorized and the cooperaticn ano VOl-
untary action of the owners and tenants ot prooeny In
such areas.
(3) It IS runner found and declared that tile powers
conferred by thiS :Jart are for public uses ana puraoses
for Which Dublic money may be exoenced ana tne pow-
er of eminent domam and pOlice power exerCIsed. ana
the necessity in the public interest tor the proviSions
here:n enacted is herecy declared as a matter of legisla-
tIve determtnatlon.
(4) ItlS it~rther found and declared that the preserva-
tion or enna .cement or the tax base fram which a taxing
autr;ortty reJ.llzes tax revenues IS essentIal to its eXist.
ence 2.nd :inar,'~:al r.~alth: that the preservation and en.
hancement of :.iucn tax base is impliCit In the purposes
for wnlerl a taxing authority is establisned: that tax incre.
ment finanCing :s an etfectlve methoa of achieving such
preser/atlon and enhancement in areas in which sucn
tax base is declining; that community redevelopment in
such areas. ,'men complete. 'NliI ennance sucn tax base
and crovlce increased tax revenues to all affected tax.
ing authofltles. Increasing their acliity to accomplisn
their other respec!lve purposes; and that the preserva-
tion and enhancement of the tax case in such areas
through tax Increment financ:ng ar~d the levying of taxes
'JY such taxing authorities thereror anr' the appropriation
of funds to a redevelooment trust funa bears a suostan-
tial relatIOn to the purcoses aT sucn taxing authoflties
and .. tor t/1elr reScectlve puq:oses and concerns. 7hls
sUbscc~lon does not aopiy In an'l JUflscicllon wnere the
community ~9de'lelooment <3.gency validated ~onds as
cr Apnl 30. 1984.
(5) It is further found and decial ed that there exists
in countIes and munlc:oalitles of the state a severe
snorlage of hOUSing affardacle to resiaents of low or
moderate Income. incluaing the elderly: (n.1t tne eXIst.
ence or SUC:1 concition affects the healtn. safety, and
welfare of the reSidents of such countres ana munlc:cali.
ties and retards their gro'.....th and economIc and soc:al
develooment: ana il1at ,he elimlnarlon or Imorovement
ot sucn condition is a Droper mattu of state co!icy and
state ccncern ana :s for a valla and :::eslraole ptJclic cur.
Dose.
HlsIOI"f.-!. 2. Cr1. 5S-JUS; 53. 1. ?2. :;). ~-6.
163.340 Oefinitions.-7'he fOllOWing ~erms. where'I'
er usee cr referrea :0 .n thiS par:. nave me foilow1n<;
meanings:
(1) .Agenc'( Jr '::8m~unlty rece'lelccment agenc'(
means a puolic agency createa 8'1. ::;r r::esignatea oursu.
ant to, 5. 163.356 or s. ~ 63.357.
(2) 'Puoiic Dec'!' cr '~axlng authOrity' means the
state or any county. munlc:cality. 3UInOflty. scec:al Gis.
triC! as aeiinea In s. ~55.':3~(5), ,Jr OIner :JuDJic coc'/ of
the SI3.te. ~xcePt a SC:lCO! clsIncr,ibrary C:S\rICt. nelg:"l-
bornccd Imorovement :::smc~ c~eatea =ursuant :0 ,;:e
SaTe :'-Jelgnbornooas t'<.ct. ;r.etroDolltan !rar,SDonatlon
authonty. ','Jater management aistflct createa uncer s.
373.069. a spec:al district wnlcn leVies ad valorem taxes
on taxaole real proceny in more than one scunty. or a
spec:al aistr:ct the sate avaliaole source of revenue .JT
wnlC:1 is ad 'Jalcrem taxes 3.t tr.e t:me an orainance is
aCooted pursuant to s. 163.387 The ~xc:uSlcn ot :i li-
brar! aistnct from the cerin/tlon of <:ublic tcay' cr .tax.
ing authonty' does not aaply in any jUrisdiction 'IInere
the community redevelopment at;ency validated boncs
as of Aprtl 30. 1984.
(3) 'Governing DOCY' :11eans the councilor other ~eg.
islatlve coay cnarged '.'11th governing the county or mu.
nlcloality.
927
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1987
(4) 'Hayo" mean~ the m~lor of a munic:ca1ity or. for
a count./, tM chalfman of the boare cf coun::1 commIs-
sioners or such other officer as may te ccnstltuted by
taw to act as :l1e t!xecutive nead of such munIcipality or
county.
(5) .Clerk" means the clerk or other oHic:al of the
county or mUnicIpality who 15 tr,e cus:odlan of the oHlcial
records of such county or municIpality.
(6) -Federal Government. Includes the United States
or any a<.;ency or Instrumentality. corporate or otherwIse.
of the United States.
(7) .Slum area" means an area in wnlch there is a
predominance of bUIldings or improvements, whether
residential or nonresidential, whIch by reason of dilapi-
datIon. deterioratIon, age, or obsolesc ;lce: inadec:uate
provIsion tor ventilation. light. air. ~.'lr"talJon. or ooen
scaces: hIgh denSity 0f pooulatlon ,:.10 overc:owding:
the eXIstence of ccnditions wnlcn endanger lite or prop-
erty by fire or other causes: or an'l combInation of such
factors is conducIve to ill health. tranSml:3SIOn of dis-
ease, infant mortality, juvenlie delinquency. or cnme and
is cetnmental Ie the publIC health. sately. morals. or wel.
fare.
(8) "Slighted area" means '2lther:
(a) An area in 'Nnlch there are a substantial numoer
of sium. deteriorated, or de.eflQrating structures and
conditions wnlcn endanger life or orooerty by fire or eth-
er causes ir one or mere of trle :ollcwlng :aclcrs wnlCh
substantl311y ::Tlca/rs or arrests the souna ;jrDwth of a
county or munlcloality ana IS :) menace to the oubJic
health. safety, moraiS, or weifare I" Its present conaition
ana use:
i. Predcm:n ce of cefective or Inadequate street
layout;
2. '=aulty lot !c:.yout in relatlC:J !O sIze. acecuacy. ac-
cesslOdit'f. or usefulness:
3. Unsanltarl cr unsafe cor.::::ittons:
.1 C)etenorallon at slle or other Imorovements;
5. Tax or soeclal assessn'ent eelinquency exceed-
InQ :he fair value of the land: and '.
6. DiverSity 01 ownersnlc::Jr ceiectlve or unusual
conaitlons ot title which prevent the free alienaOiiity of
iand within the detericrated or nazardous area: or
(b) An area In wnlcn there eXists faulty or Inaaequate
street layout: Inadequate parking facilitIes: or roaaways.
ortcqes. or ouohc transcortatlon faCliitles Incaoaole of
:1anchng the volume of tranic flow into or tl1rougn the
area, ellner at present or follOWing procosed ccnstruc-
:Ion.
~o'Never. for .8urposes of cualifying for the tax crealts
authorized In cna:Jter 220. "bhghree 3rea" means an area
eescnbea In oaragraon (aL
(9) "Community reaevelooment" or "redevelcoment"
means undertakings. actIVitIes. or oro!ects of a county.
mUnlcloality. or community reaevelocment agency In a
community redevelopment area tor the ellmmatlon and
preventIon of the cevelooment or scread of slums and
blIght or tor the provISIon at atforcaole nouslng. '.....nether
for rent or for sale. to residents of low cr mocerate In.
come. Including :ne elaerly, ana may IncluOe slum c!ear-
ance ana reaevelocment In a cornmunWI redevelocmenl
area or renaollltatlon or C::Jnser/ation :n a communIty re-
~-~,~~..--- .
. ._1. ~ ."........ .;.,\~~'~':::'~~l:~.., ., _!,,""'.-
_"_: ..;...."':" 11 .....~...';"~ .:t:::.1:.. . ~r;~...'::; _~..I-.:.
development area, or any combination or part thereof
in accordance with a community redevelooment pla~
and may Include the preoaration of such a olano
(10) 'Community redevelopment area" means a slum
area, a blighted area, or an area In which there is a short-
age of hOUSing that is affordable :0 residents of low or
moderate Income, incluaing the elderly, or a comoina-
lIon thereof whIch the governing body designates as ap-
propriate for community redevelopment.
(11) "Community redevelopment plan- means a plan.
as il eXists from time to time, for a community redevelOp"
ment area.
(12) "Related actIvities' means:
(a) Planning work for the preparation of a general
nelghbornood redevelopment plan or for the oreoaratlon
or completion of a commun:tywlae plan or program pur-
suant to s. 163.365: and
(b) The functIons related to the aCQuisition and dis"
posal of real property pursuant to's. 163.370(3).
(13) 'Real oroperty- means all lands. including im.
provements and fixtures thereon. and property ot any
nature appurtenant thereto o~ used In connectIon there.
wIth and every estate. interest. right. ana use. legal or
equitable. tnereln. inc!uolng but not limited to terms fcr
years and liens 0'1 way of ;Lcgment. mortgage. or o.her-
wise.
(14) "Sonds' means am bonds (incluclng refunding
Cones). nOles. Interim cer:1ilcates. certificates af Incebt.
eeness. cet:enrures. or otr.er cOllg:.:tlons.
(i 5) .Obligee" means ana Inc:uces any bonCholC1er.
agents or ~rusrees fer any conchc:ae's. or lesser OEmIS.
Ing to me county or munlcloality prcceny useO in con.
nectlon wIth community receveloorT'.~nt. or any assign-
ee or asslcnees of such lessors Interest or anv part
tnereoi. ana the receral Government vmen It :s a' oarty
:c any comrac: with :ne county or mUnlc:callty.
(16) -oerson - means ar,y inCIVlaUal. firm. :::;artnersnIC.
ccroorallon .:omoany. asscc:allon. ;Olnt s.oex assoc:a.
tlon. or COC',I ooil tic ana Ir1Cluaes any trustee. reC21V. :r.
assIgnee. or other cerson acting In a similar reo~ese(1~a-
!Ive cacaclty.
(17) 'Area of cceratlon' means. ~or a county :he area
Nltnln the ccuncanes of ::1e s:::unty. and for a rm.:n:clcau"
:'1. t~e area Wltt1Jn :ne ::CrDor3!e ilmlls ;)f me ~unlc:oau-
t'l
: 18) 'HOUSing autncrrty' means a nouslng autnomy
::::reated 0'1 and es.ao!isnea 8ursuant to C:l3oter ..t2i.
(19) "SoarO" cr 'commisSIon' ;neans a ooare. c~mmls-
slon. ::eDar.rr.ent. CIViSlon. ofilce. coay or otner unit of
;ne county ar munlc:oailiy
(20) 'au:Jllc officer" Toeans any officer 'Nno IS In
c~arc::e of any cecartment cr :Jranc~ of the covernment
01 the c:::un1'1'or munlCloallt'l re!atlna :0 nealtn. fire. ::JUlio.
Inc reculattons. or otner activities concernIng awelllngs
In :ne county cr mUnlc:oality.
(21 )'Seol service rr'ilage. means any millage levlec
pursuant ,05. ;2. An. "ill of tne State ConstItution.
(22) -:nc:emen: revenue' means tile amount C3lculat.
eo cursuar.i to s. 163.387(1).
HiSlory.-1 J.;:"I ':;"2':5 S . :.' ~~-:gl s : ::-: 31 ~ s J. c:'\ ::,3-231: :IS
:. :2 c:'\ ~-3::=. s 33. c., :5-:30 s 7:: ::'\ a;-2.t3
'NOI..-7~~ re'e/ence I:>'S :~.:;j:i:;\' ...as suCst.luleC tv me eOrlors 10/ a re'er.
enCL! to's " SJ ::-:(4)"":) c:nrorm ~o ,~nIJ!T:cettnr; Cv tr~ ,e\"lser tr,c:oenl ~o c:mc'ung
':"e ':'Crlca .5!31iJle~ !9i7 ln~ ~r'1e :;84 5~cclerrtenr !o r.~e ;:'Oflca SJa'u,es ,;aJ
929
~~;;"'-~I''-l.:...~'''''''~l
. 'F.S. 1987
INTERGOVERNMENTAL PROGRAMS
Ch. 163
, 63.345 Encouragement of private enterprise.-
(1) Any caunty cr munlClpallty. to the greatest eXlent
It determines 10 oe feasIble In c8rr'.J1nq cut the prOVIsions
of this part. snail afford maximum opportunity. consist.
ent with the sound neecs 01 the county or munlcloal'ty
as a wnole. ~o the rehaollitalion or rede'/elopmen: of the
community redevelopment area by private entcroflse.
Any county or rr.unlc:oaltty snail gl'Je conSlceratlcn to
:hlS oDlectlve in exerc:slng Its powers under thiS part. in-
cluding the formulation of a workable program: the ao.
provaf of community redevelopment plans, community'
wIde plans or programs for community redevelcpment.
and general nellJtlborhood redevelopment plans
(consistent with the general plan 01 the county or munlCl'
~3Iity): tne exerCIse at its zoning powers: the enforce-
ment 01 ether laws. COdes. ::md regulations relating :0
the use of land and the use and oc::uoanq of buildinGS
ar.d impro'/ements; the diSpositIon of any prooeny ac-
quir~d: and the proviSion of necessary public Improve'
ments.
(2) in glvmg can~lderatlon to the oblecllves oullinec
in suoseC:l0n (i). tr,e count'l cr fT',unlc:pality snail cns:c-
er mak:ng avadable the incenll'les orovlcea uncer :;,e
;:10(103 i:nterpnse Zone ACl of i~'82.
HIIIQry. -so 4 C:i. 59- '.:J5: ~. 4, :!'l, ;,)-231
c/.-iS. Z91JCOl-2':Q 01~ F'onaa ~n'erOf1SQ lene Act 01 1';82.
163.346 Notice to taxing authorities.-2erore the
governing ::ocy :lOOOIS 3ny reSOlution or enact~ an'! or.
CJnance requlrea unaer s. 16':;.~55. 5. 163.356, s.
1133.357, Qr S. ~63.287: :reates a community redevelOP'
ment agonc';: or :lDorcwes. adoots. or amenos a commu.
nity reaevelooment ;:::.n. the gO'Jernlng body must pro.
vice puCIiC notice or . JC:1 orooosetJ aCllon pursuant to
s. 125.66(2)<::no (~)or 5.166.041(3) and. at least :5cays
berore suer! ::)rooosea aC:lon. mad by re,;\stered mail a
notIce to eac:, ~axlr.g 3urhcnt'l WOlen leVies 30 valorem
taxes on taxable real proceny contained ''''Ithln the geo-
graonlC bounc:;lfIE:s ot the rede'/elcomen t area.
l1isrory.-l. 3. ::n. 34-~6.
163.350 Workable program.-Any county or :T1unlc:
patity lor ,ne purcoses at thiS can may formulate for :he
county or n.,unlc:aality a workaole oroc;ram for utllizmg
appropnate pnvate and pualic ;esources :0 eliminate
and prevent the aevelopment or smead of slums and ur.
ban olignt. :0 €ncoura<;e f1eeced commumt'l renabliita-
lion. :0 prOVide lor the reaeveiopment of slum ana blignt.
ed areas. to prOVide hOUSing anord30le to res:oems of
low ~r mocerate Income. incluaing the elcerly. or to un.
dertake sucn or the aforesaId actiVities or Ollier feaSible
county or munlclPal actiVI[leS as may be SUitably em-
ployed to acnle'/e the oblectlves at such workaole pro-
gram. 3ucn workabie program may Include provISion for
the prevention or the soread at blignt Into areas ot the
county or municloallty wnich are free from olignt througn
diligent enforcement of hOUSing, zoning, and cccupanc'!
controls and standards: the renaoliilatlOn or conserva-
tion of slum ana blignted areas or portions tl"lereof by re-
plannIng, removing congestion. providing parks, play-
grouncs, and other puolic Imorovements. ~ncouragtng
'/oluntary rehabilitatIon. and comoelling the repaH and
renaOllitallOn oi deteriorated or ceteTlorallng structures:
and :he Clearance ::lnd redevelooment 01 slum ana
bllgnted areas or 80rtlons !hereof.
H'ItOry.-i. 5. en. 53.305. s. J, c., ~-j:1i
163.353 Power of laxing outhority to tax or appro-
priate funds to a redevelopment trust fund in order to
presenre and enhance the lax base of the authority.-
~~ot'.vlthstandlng any other prOVision of general or spe.
~:al law, the ;:urposes for wnlch a taxing aUlhonty may
levy taxes or aoprcp(l3le funds to a redevelopmenl :rust
fl...md include tne preseNatlon ana ennancement ci the
12X base of such taxmg autnoflty and the furthering of
the purposes of sucn taxing authority as provldea by
law.
;;'Slory.-i.:' .:;, 1>4-3.56.
"13.355 Finding at necessity by county or munici-
pa .lty.-t"Jo C8L!nty or munlcloality snail exercIse the au-
th,.(Ity ccnierrea 'cy thiS part untIl Cifler the governing
bod'! has aaooted a resolution finding th"!:
(1) One or more sluri1 or blignte(] areas. or one or
;nore areas :n whlcn there is a snortageJf hou3tng af.
foreable to reSidents or low or mOderate Income. me Iud.
Ing the elderlY, eXIst In such COUnty or munlc:pality; and.
(2) The renabditatlOn. conSef'/lltJon. or rece'leioo.
ment. or a comClnatlon thereat. cf suer! area or areas is
necessary In the Interest at the iJU01iC :Jealth. safety,
morals. or '.velfare of thf: reSIdents of SUC:1 county or mu.
nlc:oatlty.
Hi.tory.-s.7. .:n. 59-.N5; s. ~. ::1 3-4-3:6.
163.356 Cieation ot community redevelopment
agency.-
(1) Uoon a fincing of necessity as set fcrth in s.
163.355. and uc:on a further fi"dlng tnat there is a ne"lC
fer a community recevelocn ,?nt ac;enc'! to f;JnC~lon In
the county or mumcioality to C3rrj out :ne ccmmunllY re-
(;e'lelocn-:ent surcoses ot thIS cart. Clny cc~nt'! or munlc,
;paiity m3',I create a puolic ::Joay ..;8rccrale ana cclltic :0
be :"nown as a 'commwillY rede'lelooment 3genC'f.'
=3Cil SUC:1 ac;enq snail .; ccnstHutea as a ouoilc ,n.
stTumentality. ana the exE.:: c;~e cy a ccmmunlCy redevel-
opment ac;enc~1 of ihe Gowers c.:;nterrec 8'1 thiS ;Jar!
snail be c:eemeo ana i'1ela to be tne ceriormance of an
essential CUCIIC function. ihe:::;mmunlt'( reae'leIOo'
ment agenc'f of 3. C8unty rJS tne sower tel funcl:an ','lIlh.
in the ccroorate iirr.lts -:1 ::1 mUillc:c31lty sni'j as, Ii. 3.nd
'linen the ';o'Jernlng ooe. cf :he munlc:catitv ::as by res.
olutlon c::ncurred In the ,:xnmumty rece'lelocment olan
proccsed '8y :he governing CCQ'! oi the COUnl'l.
(2) 'Nhen tl",e ,;oveTnlng bea'! acects a ~eSOIUlion
dec!arrn,] :heieea ;ar a :::::mmunlty iece'leiocment
agenc~/, :hat bocy snail. cy crClnance. ac::clllt a Goarc
Qt commiSSIoners at :ne communl:'I rece'lelODrnent
agenc'/. wnlen snaIl consist ci not 7ewer :han five or
more ihan seven commISSioners. -;-he terms of oHice ct
the commISSioners snail 'ce fer ~ '/ear3, -=xceot that tnre,:
of the memcers first aocomtec snail ce ceslgnated to
serJe terms or 1, 2. and 3 ',Iears. ;escectlveIY. from the
date af :l1etr aOCollltments. ana all '::u;er rnemcers snail
be deslc;natea to serve tor terms of ~ fears trom tr.e cate
of !he" 3oooJntments. A '/acanC'f cc::~mng dUflng ::I
term snail be filled for the unexDHeC term.
(3)(a) A commiSSioner snaIl receIve ;":0 comoensa.
tlon Tor filS services. But IS entltlea to the necessary ex.
::J"G
wG_
,
I.
'1 !
. ,
.
J
--.--
~.
,-
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1987
penses. including traveling expenses. Incurred in the
dIscharge of his duties. =ach commiSSioner sha.1l held of-
fice until his successor has been apoclt1ted and has
qualified. A certificate of the appointment or reappoint.
ment of any commissioner shall be filed with the clerk
of tho county or municIpality, and such cenificate is con-
clusive eVidence of the due and prooer ap~ointment of
such commiSSIoner.
(b) The powers of a ")mmunity redevelopment
agency shall be exercised cy the commISSIoners mere-
of. A majority of the commissioners constitutes a quo'
rum for the ~urpose at conducting business and exercis-
ing the powers of the agency and fer all other purposes.
Action may be taken by the agency upon a vote at a ma-
Jority of the commiSSioners present. unless in any case
me bylaws require a larger number. Any person may be
appointed as commissIoner if he resides or IS engaged
in bus mess. which means owning a business. oractlctng
a profession. or performmg a service tor comoensation.
or se0ilng as an otiicer or airectcr of a corocration or oth-
er business entity so engaged. within tne area of opera-
tion ot the agency. whicn shall be cotermInous With the
area c! operation 01 tne county or munlcloality. 3nd is
other.vise eligible lor such appointment under ths oart.
!e) The governing bcdy of the county or mun:~:loalit'/
shall designate a Cil31rman and 'lice cnalrman from
amcng the cornmJSSloners. An agency may emDloy an
-:xecutlve cirector. tecnmcal experts. and sucn other
agents ana emoloyees. permanent and temoGrary, as it
reC~.JIfes. and ce!ermme theIr qualifications. aUlIes. and
comcensatlon. For such legal service as It reqUires. an
agency may employ or retam Its own counsel and legal
stan. An agenc'f autnomed to transact hl,lSlneSS ana ex.
erclse Dowers uncer thIS pan snail file wltn the ~overn.
;ng :Joay and With the Al'sitcr General. an or before
,vlarcn 31 of eacn :lear. a report of its aCtlvllles for me
orececing liscal year. '.vnlch reoort shall inc:uce a com.
plete financIal statement setting fonh its assets. :iaoiii-
ties. mccme. ana ooeratmg e:<.oenses as at the end of
sucn fiscal year. At the rime of ~iling the recert. the agen-
cy snail ouclisn In a newsoaper ot general clfcuiatlon In
the community a notice to tne effect that sucn reoon nas
been filed With me county or municipality and :hat tne
reoort IS avaliable tor tnsoection CUring bUSiness nours
In the office ot me c!erk at the cIty or county commiSSion
and in the office of the 3gency.
(d) ..4.t any time after the creation of a community re-
develooment agency. thE': governing coay of the ccunty
or munlclcallty may aO:Jrooflate to the agency sucn
amounts as tt'1e governing oody ceems necessary for
:he aCml!llstratlve exoenses ana overnead of t!le agen.
cy.
(4) The governIng body may remove a commiSSioner
lor Inetfic:ency. neglect of duty. or misconduct In oHice
only after a nearing and only If he nas ceen given a coPY
at the cnarges at least 10 cays prIor :0 s..ucn nearIng anc
has had an opponuf1Ity to De nearO In oerson or oy ccur..
se!.
Hi.IDry.-~. 2,:n ~7-:l91 s. ~ ~n 83-231: S 0, en. .3-l-J.56
163.357 Governing body as the community rede-
velopment agency.-
(1 )(a) As an alternative to the appointment of not
fewer than five or more than seven members of the
agency, the governing body may. at the time of the
adoptIon of a resolution un, 2r s. , 63.355. or at any time
thereaiter by adoption of ~: resolution. declare itself to
be an agency. in 'Nhich case all the rights. powers. duo
ties. pflvileges. and immunities vested by thiS part in an
agency will be vested in the governing body of the coun-
ty or municl:Jahty, subject to all responsibilities and liabil-
ities imposed or incurred.
(b) The members of the governing body shall be the
members of the agency, but such members constitute
the !lead of a legal entity, separate. distinct. and
mdeoendent from the governing body of the county or
mUnlcloality. It the governmg body declares itself to be
an agency which already eXists. the new agency is sub-
ject to all of the resoonslbliittes and liabilities Ifnoosed
or incurred by the existing agency,
(c) A c:overning COdy whIch consists of five mem-
bers may appoint two additloflal oersons to act as memo
bers of the community rediJvelopment agency. ihe
terms of c/tice of the additIonal ,'Iemcers shall be for 4
years. exceot that tile first cerson i3op0;nted snail Initial-
1'1 serve a term of 2 years. ;)erscns aooolnted unaer thiS
section are sUoiect to all urovis:ons of this part relating
to aopolnted members of a community reoeveicpment
agency.
(2) Nothing In ti1IS cart crevents the governing boa~1
from conferring the r1c;nts. :cwers. :JrI'Ilieges. autles.
and immunities cf a community reaevelODment agenc'J
~pon any entity In eXistence on July 1. 191'- wnlch nas
been au:nonzea by iaw to function as a d,)lmtown ce.
velooment ~oard or autnorllY cr as any otner bCdy :~~e
our~cse of wn:C:lIS to orevenr ana ellm:nate slums and
alignt ::;rouC;n communIty rede'leicpm~:1t ;Jlans. Any en.
:ity Iii eXistence on JUlY 1, ' 977. 'Nnlcn :las been vested
"Ylth :::e !:gnts, :Jowers. ~nvlieges. CUl1es. and Immunl-
:Ies of a ccmmunlty receve!coment agency IS suoject :0
all :)rO'.lls:on5 ana resoonslbJiitJes ::noosed by thiS oart.
notwlt~standlng an'/ orovlslons to tne contrarf !n any
law or amenarnent :nereto wnlC:1 estaolisned me entity.
,\lotntng :n mls a:: snail te c::::nsrrued to :rr.oair or Clmln.
Isn any Gowers :)1 any receveloement agency or orner
entity as referrec :0 nereln In eXistence on tr,e effective
aate of tnlS act cr :0 reoeal. moclfy, or amend any jaw
estaollsnlng SU::1 enllty, exceot as soecifically set form
herem.
HIIIOry.-s 2. ::1 77-391 , ~5.::1 7s-:.co: s. 2,::1 ~-Z31. s. 5.::1 34-:;SO
163.353 Exercise at powers in carrying out commu-
nity redevelopment and related activities.- 'The c::::m.
munlt'l reaevelcoment :owers assigned to a community
reae'le!ooment agency createa under s. 163.356 incluae
all the cO'....erS" necessary or ::onvenlent to carrf out ana
::tfecruare :r:e ourcose5 ana :::rovl510ns of tnlS oart, ex-
ceel me fellowlng. wnlCi1 c::::ntlnue to 'lest In me govern.
Ing cce'! at (lie county or .-nunlcloallty'
( 1 ) 7;,e Dewer 10 cetermlne an area to t::e a sluf'1 or
bligmec area. or ccmClnatlon tnereot: to ceslgnale Suc:1
area as aoorcorlate fer community iedevelo~menr ana
to nOIC an~.. p~cllc near;ngs re~Lllrec ','11th rescect mere-
:0.
930
~
F.S. 1987
INTERGOVERNMENTAL PROGRAMS
Ch. 163
(2) The power :0 grant final approval to ccmmunlty
redevelocment plans and mOClficallons thereat.
(3) The power to authOrize tne issuance of re'/enue
bonds as set torth In s. 163.385.
(4) The co'....er to aoprove the acqUisItIon. demoli.
tion. removal. or disoosal of property as provided in 1 s.
163.370(3) and the power to assume the responsIbility
to tear less as Drovlced :n 's. 163.37C(3).
HIIIOrv.-i. 2. ::n. n-::J'.l1' ~.:') cn 31-Z59: 3. 7. ~.~, .34-350.
'Nol..-:11" 'er~enc:' 10 's. '(,3.::i7C(J\, -as 3U03111lJlll<l 'J'f Ina edl'Ol3 101 a. "fel.
~nce fO 'S. 163 ;J7lJ(2),!O conlolm 10 Ina Ief"JIl"O<!(lng c., In" 'eVI3()I II'(;:Cenl 10 com.
;:d.nq :ne I~ SuoplemeOllo lr.e Fiona.. ;itatules 1S8J.
16:3.360 Community redevelopment plans.-
(1) Community redevelopment In a communtty rede-
velopment area shall not be planned or initiated unless
the governing cody has. by resolutIon, determined sucn
area to be a SIUn13rea. a ':Jlighted area. or an area In
which there is a shortage of hOUSing dHordable to resI-
dents of low or mcderate Income, including the elderly,
or a combination thereot. and designated such area as
approprrate lor community redevelooment.
(2) The community recevelopment plan shall:
(a) Conform to me comorehenslve plan for the coun-
ty or municipalIty as preoared by the local qlannlng
agency under the Local Government CQmorenenslve
Planning and Land Oevelooment riegu(atlo[1 Act.
(b) Be suffiCIently complete to Inc/cat:: such land ac-
qUIsition. demolition and removal of 3trtJctures. recevel-
cpment, impro'/ements, and rehaoliitatlon as may be
prooosed to oe camed cut In the community reoe'leloo-
iTient area: zonmglnd o:annlng cnanges. if any; land
uses: maxImum censl!ies: and bUilding reqlllrements.
(3) 'The county, munlc:oatity. or c::::mmunlty redevel-
ooment 30enC'l may itself :::;re02.' e cr cause to t:e pre-
parea 3 c':nrnunlt'l reCe'/elooment :Jlan, or any qerson
or agenc'/, puelic or private, may SUCmlt sucn a plan :0
a community rec~veiocrnent agenc'l. ::::ncr:o Its ccnSia.
~ratlon or a community reaevelopmem clan. :he commu.
nlty receveloorrent agenc'l snail submit such plan to the
lecal planning agenc'l of the county or munlcloalit'l for
reVlevv and recommencatlons as to Its conform:ty With
the comorenenSlve plan for :r.e deveiopment of :he
county cr munlc:c8.!ity as a 'Nnole. The local planning
agenc',I snail suomlt I [S 'Nntten :-ecommerdatlons WI tn
r.:=spect to the confcrmlrl of the proccsed community re-
ceveiopmentplan to the community rede'lelooment
agen::'1 WIthin 60 cays after receipt at the plan far re-
'/Iew. Uoon receipt of the reccmmencations of the local
planning agency, or, it ,10 recommenoatlons are re-
celved withIn sucn cO cays. then Without sucn recom-
mendationS, the communHY reaeveJooment agenc'l may
proceed With Its conSideration of the oroposed commu-
nity redevefooment olan,
(4) The community redevelopment agency snail
suomlt any community redevelooment plan It recom-
menas for aoproval, together With Its wntten recommen-
dations. to the governing body. The governmg bad','
shall then proceea '.'11th the hearIng on the pro co sea
community redeveloomen t plan as preSCribed by sub.
section (5).
(5) The ..governIng body shall hold a oublic hearing
on a community reoe'lelooment plan after puolic notice
thereof by puolicatlon :n a newspaper haVing a general
931
c:rcuIJt!on in the area of operation of the county or mu.
n1c:pallty. The notice snail deSCribe the time. date.
~iace. Jnd puroose of the heaflng, identify generally the
community redevelopment area covered by the plan.
and outline tile general scope of the community redevel.
cpment clan under conSideration.
(6) Fallowing such heanng. the governing body may
aoprove the communlty redevelopment and the plan
therefcr If it finds that:
(a) A feaslcle method eXists for the loc3tion of laml-
:ies who ......Ii! be displaced trom the community redevel-
opment area in decent, safe, and samtary dwelling ac-
commodatlons Within their means and Without undue
hardship :0 such tamliies:
(b) The ccmmunity redevelopment plan conforms to
the general plan of the county or municipality as a whole;
(c) The community redevelooment plan gives due
conSideration to rhe proviSIon at adequate park and rec-
reational are~~ and fac:lities that may t:e desirable for
nelghborhooa Impro'/ement. WIth soecial conSideration
tor the neallh, safety, and welfare of children reSiding in
:he ger...;ral Vicinity of the sIte covered by the olans; and
(d) -he community redevelopment plan 'Nill afford
maximum opportunity, consIstent '.'11th tI1e sound needs
ot :he count'/ or munlc:pality as a 'Nhole, for the rehaotii.
tation or redevelopment ot the community redevelop.
ment area by private enteronse.
(7) If the community redeveiooment area consists ot
an area of open land :0 De acquired by the count'; or the
munlc:oality, such areJ may not be so acquired unless:
(a) In the event the area is to De ~e'leioQea fer resl'
centlal uses. the governing bOdY cetermtnes:
1 . That a shortage of nouslng of sound standards
ana design wnic:l is cecent, safe, atforaaole to resi.
denrs or 10'N or mocerate Income, Inciuding the elderiy.
anC sam tary exis ts in the c:Junty cr 11lUnlclOality;
2. That the need for hOUSing dC::::Jmmooallons has
~nc:-eased in the area:
3. That tlie conditions of cil<;nt :n the area or the
sronage of decent. saie. afierd&ole. and samtar/ [mus-
ing cause or contribute to an inCrease 'n c.;'ld screaa of
(Jisease and Cnf718 :r constitute _I menace to !:le ouatic
:'1ealth. 3arel'l. moralS, cr ''v8Itare: ana
~. -;-hat :he ac:ulsltion at :ne area 70r :eslcentlal
'Jses is an integral cart of and is essen::al to !he orog:-ar.l
ot the count'! or mundc3llty.
(b\ :n me event :he area is to oe cave/ooea tor non-
resicenr:al uses. the governing :ccy 'Jetermlnes that:
1. SUC:l nor.reslCentlallJSeS are necessar! ana 3D'
::;rooriate :0 fac;i1ta:e the crocer;rowth :ind (le'leioo,
ment of ~he community :n acc:::rcanca '.'11th 30und olan-
,1lng stancarcs and :oc31 commumt'/ '.JOlec~lves: ana
2. AC:JUISlllon :nay reqUire :he exercIse of govern-
llent31 action. as ::;rovlcea in :nls cart because of:
3. Cefec:lve. Jr unusual ::cndit:ons of. lItle or civer-
slty of QWnersnlp/tnlcn ore'lents the iree aiienabl!ity of
sucn land:
b. Tax delincuenc'/;
c. Imoroper suodivlslons:
d. Outmoded street oatterns:
o. Deteflorallon of sIte:
f. Economic cisuse:
g. LJnsultacle tocogracny or faulty lot layouts:
i:
,
I I
i
"'fll
Ch. 163
iNTERGOVERNMENTAL PROGRAMS
F.S. 1987
-
h. Lack at correlation of the area with other areas
ot a county or municIpality by streets ~nd modern traHic
reqUIrements; or
i. Any comornatlon of sucn factors or other condi.
tlons which retard cevelocment at the area.
(8) Upon the aDprovaf by the governIng body at a
community redevelopment plan or of any modificatIon
Il"lereof. sucn plan or moditicatlon shall be deemed to be
In full force and eHeet for the respectIve community re-
deveiopment area. and Ule county or municIpality may
then cause the community rede'lelopment agency to
carry out such plan or mOdificatIon In accordance wIth
its terms.
(9) Notwithstandi:lg any other proviSions of thIS par1,
wnen the governIng boay certifies that an area IS In need
of redevelopment or renab,litatlon as a result of an emer-
gency under s. 252.34(2), ...."ith respect to which the Gov-
ernor has certjfied tne need for emergency assistance
under federal law, that area may De certified as a "blignt-
ed area.' and the governtng body may approve a com-
mumty redevelopment plan and community redevelop-
mer.t with rescect to such area without re~ard to tr.e
provIsions of thIS section requlfIng a general plan for the
county or munlcloallty and a aUDile hearing on the com-
munit'l redeveloDment.
HlttorY.-~. i. en. 59-31"..5; 5.3. en. 77 -391' S. 5. en. S3-2J~: $. 6. en. aJ-.:().l' s.
3. en. :>4-350: 5. <:6. en. *55.
. !
. ,
,
163.361 Modification ot community redevelopment
plans.-
(1) If at any time alter the approval of a community
receveiopment ::)Ian oy the governing oody It oecomes
necessary or deslraole :0 amend or mooify st..lcn Qlan,
the governing May may amend SUC!l plan uoon the rec.
ommenoallon of tile agency. Thp. agency recommenoa-
tion to amena or mcdify a reaevelooment plan may in-
Clude a cnange In ttle bouncarles of the rede'.'elooment
area to aad lano to or excluae land from the reaeveloo-
ment area.
(2) 'The governing :::ody snail hold a public heanng
on a prooosed mOdificatIon of a community reeevelOD-
ment clan after auolle notice thereof by puolicatlon In a
newsoaoer navlng a general clrc~latJon In the area at 00-
eratlcn of the agency.
(3) If a community reaeveiooment ::;Ian is mOGliiec
by the county or munlcloallty aiter the lease or sale at
reai property In the ~ommunlty ieaevelopment at ~a.
sucn moolficatlon may oe concltJoned lJoon sucn 3D-
proval of tne OW:ler. lessee, or successor In Interest as
the county or municipality may deem aavlsaole anc. In
any event. snail be sUOleet to sucn ngnts at law or In eq.
uity as a lessee or ourcnaser. or hiS successor or suc.
cessors In Interest. mav be entitled to <:Issert.
Histo...,.-, ~. en ~7-j91 s. :i'-en 33-231
. i
, .
I ;
-, .
~'
.. ,
~:
Ii
l
,
163.362 Contents at community redevelopment
plan.-c'/ery community recevelopment plan snail.
(1) Contain a legal cescrlptlon of the boundafles of
the community receveloDment area and me reasons ier
establrshlng sucn bounaafles snown In the plan.
(2) Show by clagram and In ~eneral terms:
ta) The accroXlmate amount of aoen space to De
prOVided and :he SHeet layout.
,.
.~~ik: "
...,..~~~~
(b) limitations on the type, size, height. number.
and proposed use at buildings.
(c) The approximate number at dwelling units.
(d) Sucn propel iy as is intended for use as public
parKs, recreation are2S. streets, puolic utilities. and pub-
lic Impro'/8ments at any nature.
(3) If the redevelopment area contains low or moder.
ate Income housmg, contain a neighborhood Impact ele.
ment whIch descnbes in detail the Impact of tne redevel-
opmenl upon the residents at the redevelocment area
and the surrounding areas In terms of reiocation. traffic
CIrculation. environmental Quality, availability of commu.
nity f2cilities and services, eHect on scnool population,
and :"I!ner matters aHecting the physical and SOCIal quali.
ty of the neighborhood.
(4) Identify SDecitically any publicl/ funded capital
prolects to be undertaken within the community redevel-
opment area. .
(5) Contain adequate safeguards that the work of reo
development 'Nill be carnec :Jut pursuant to the plan.
(6) PrOVide tor the retenilon of controls and th. es-
tablishment of any restrictions or covenants running
With lana sold or leased tor oflvate use for such oeriods
of tIme and under SUCh conditions as ttl<1 governing
boay cecms 'lecessary to eHectuale the ::::urposes of
:hlS pan.
(7) ?rovide assurances that there 'Nil I be reolace-
ment rousing for ::ie relocation oi persons terTiDoranly
or oerrr,3nently dlso/aced from hOUSing rac:lIlles witnln
the communl1y reeevelcpment area.
i8) ?rovlde an element oi resloential use In the reee-
velocment area if sucn use eXists in the area Dner to the
aCOOllon of the plan or :i :i:':: Olan is Intenceo fO remedy
a snortage of :;ousmg arior::aCle to resrcent:; of low or
mOderate income. 'nc:uclng me elderl,!.
(9) :.:mlaln a cetatied statement of :he orolec:ed
costs ct the recevelOomenl. Inclualng the amount :0 oe
exoer.aec on pUOllcly :unaec :;aoltal :JrC)eC!5 in :~e
community redevelooment area anc any Indeo:ecness
ot me communlly recevelocment agency. :~e county _ ~r
the mun1c:aahty ::rcposed :0 8e Inc'-Jrrec :or suc~ rede-
'/elccment it sucn maeotecness IS :0 oe reoald Wllr. in-
crement revenues.
riO) ?rovloe a time cer:aln for COmDletlng all reae'le!-
cement rli1ancec cy Increment revenues. Suc~ time cer.
t31n snail occur 110 later :i'l2n 30 years aiter :ne flsc::!1 'lear
In wnlcn :ne ::;Ian :5 accrc'/ee ()r accotea.
I< j ~ Sussec:lons (1), :3). (~). ana (8). as amenaec by
s. iO. enaot,::r 34-356. ~aws of Fiortoa. ana sUDsec:lons
:9) and (10) co not :leolY :0 any ,;overnmg ooey :f a
COlJntv or munlCID31ity or t:l a communIty reaevelODrr-ent
agency Ii sucn ;overnlng cooy nas aooraved ana aoo::t-
ad a COmmUnll'l reaevelooment clan :Jursuant ::0 S
\ 63.260 befcre C:1aDler 84-356 became a law: nor :::0
thev a::olv to anv CO'lernlnc ::ocv of a cc~nt'l or mUf1ICl'
pail'ty cr t~ a co':"munllY re-aevelooment agenci' If suc:;
governmg ccoy or ,?~enc~1 nas aaooted an ordinance cr
reSOlution autnon::nc the Issuance of any oonds. notes.
or ct:1er forms of Inceotecness to wnlC:1 IS pleoged In-
crement revenues ~ursuan: only to a ccmmunlty Ieee.
'/elooment olan as aDoroved and aOODled befere :rac.
ter 24-356 became a law.
H..,ory.-S 5.~:1 7~.j91 S 7 en gJ-z:Jl 55 Ie :.2 :n 3-l-~5
~
.
932
~~'~. , ..
, . . ; ~..:R>\il'~'~~1.tl.'__1"'__'-" .._
.. F.S, 1987
INTERGOVERNMENTAL PROGRAMS
Ch.163
163.365 Neighborhood and communitywide plans.
(1) Any mUnicipalIty ar county or any public body
authorized to perform planmng work may preoare a gen-
eral neIghborhood redevelopment plan ter a community
redevelopment ilrea or areas. together '.'11th any adloln'
ing areas having specIally related problems. whIch may
be at such scope that redevelopment actl'llt\es may
have to be carned out In stages. Sucn plans may In-
clude. but nol be limited to. a preliminary plan willen:
(a) Outlines Ihe community redevelopment actIvities
proposed tor the area involved:
(b) Provides a framework for the preparation or com-
mUillty redevelcp(T1ent plans: and
(C) Indicates generally the I:1nd uses. papulatIon
density. building coverage. prospective reqUirements
iar renabllitatlon and improvement of property and por-
tions of the area contemplated tor clearance and rede.
velopment.
A general neighborhood redevelopment plansr.all. in
th~ determination of the governing body. conform to the
general plan of the locality as a whole and the workable
program of the county cr munIcipality.
(2) Any county or munic::)ality or any public body
authorized to perform planning .I-Jork may prepare or
complete a communltywlde pian or :Jrogram for commu-
(ilty redeveicpment ,..mien shail conform to the general
plan (or the eevelopment of the county or munlcrpality
as a wnole and may Include. but not be limited to. identi-
ticatlon of slum or blighted areas. measurement of
blignt. determlnat!on of resources needed and available
to renew such areas. iaentific3tlon of potential prolect
areas and types of actIon contemolated. and schedUling
of community redeveiooment actIvities.
(3) .-\utnonty IS hereoy 'Jested in cvery county and
muniCipality to :lrep2.re. adoet ana revIse from tIme to
time a general clan ier the physical CGvelooment of the
county or munlcloality as a whole (giving :::ue regard to
the environs and metropolitan surroundings), to eS120'
:isn and maintain a olannlng commiSSion tor sucn pur.
pose and ielated county or munic:oal clanlllng activities.
ana to make avaliaole and to aopropnate necessary
funas :tlereior.
HI'tl)ry.-~. 3.::1. c'J--:3CS.
163.~67 Public officials, commissioners, and em~
ployees subject to code at ethics.-
(1) The Officers. =cmmlssioners. and emoloyees ot
a ccmmunlty reoe'/elcpment agency created by, or des.
Ignated oursuant to. s. ~ 63.356 or s. 163.357 snail be
sUQJect to the prOVISions and reqUIrements of pan !II ot
~haDter 112.
(2) If any such offic:al. commiSSioner. or emoloyee
presently owns or contrOlS. or owned or conrrollec ',vlthin
the preceding :2 ye3rs. any Interest. direct or Inairect. In
any property wnlcn ne knows IS Included or ~Ianned to
be InclUded In a community redevelopment area. he
shalllmmeaiately disclose thiS tact In the manner ~rovld-
eo In part III at chacter 112. Any disclosure reqUIred :0
be made by thiS sectIon shall be made prior to taking
any ortictal action pursuant to thIS section.
(3) No commiSSioner or other officer of any commu.
nlly reaevelopment agency. board. or ccmmlSSlon exer-
clSlng power~ pursuant to thiS part shall hold any other
publiC Office under the county or munlc:pallty other thun
hiS commissionership or office With respect 10 sucn
community redevelopment agency. board. or commis.
Slon,
H'tIDry.-~. a. C:~. 77-391; I. 76. en. 1')-1()O; 5 8. en. aJ-;:Jl
163.370 Powers; counties and municipalities; com-
munity redevelopment agencies.-
(1) Every ccunty and mUllIc:paiity shall have all the
powers necess<:wj or convenient to carry out and eHec.
tuate the purposes and prOVISions of thiS part. including
the follOWing powers in addlllon to others herern grant-
ed:
(a) To make and execute contracts and other instru-
ments necessary or convenient to the exerCIse of its
powers cnder thiS part:
(b) Te disseminate slum clearance and community
redevelopment information:
(c) To undertake and carry out community redevel-
opment llnd ,elated aCtiVIties Within the community re-
development area. which redevelocment may Include:
1. Acquisltlcn o( a slum area or a blighted area or
portion thereof.
2. Demolition and removal ot buildings and im'
provements.
3. Installation. :onstructton. or reconstruction of
streets. utilities. parkS. playgrounds, and ether imorove-
ments necessary tor carrying out in the community rede-
'1eloomenl area the community r' .:1evelopment COlee.
tives ::,f thiS cart in acccrcJnce wllh the commumty reae.
velopment :::Ian.
4. Disposlllon of any prooerty acqUired in t~e c:)m-
munity reaevelooment area 3t Its :alr value for uses In
acc:)rcance '.'11th :ne community rede'lelcoment Olano
5. Carr(lng out clans fer a orogram or ',Icluntary or
comouisory reoal{ 3ra rehaotiilallon oi bulialngs or ether
jmorovernents In ac:::oraancs 'Nlth :he camrr.ur,lty rece-
'Ielooment oian.
O. AcqUISitIon ot real prOCE:rty In the community re-
devetooment area wr.:ch. under Ire c:::mml.;:llty recevel-
:oment plan. :3 :0 ce recalrea or renacditated lor dW811-
ing use or relatea fac:litles. recalr Qr r2nactiitatlon ot the
struc:ures for ;ulcance :::;urcoses. and resale of :ne
propen'l.
7. I~C~Uisllion of any other real orocerrjln the -:om-
rnunlty redevelccment area wnen r.ecessar! :0 :3!imlnate
'JnneaHhi:J1. '..msanltary. or unsafe :::mCltlons: lessen
dens"y: eliminate aOSOlete or other uses C:3tr:ment31 to
the cuoilc '.'ieliare: or otr.erwise to remove or orevent :ne
soread of ollgnt or ce!enoratlon or :0 oroVlae lane for
neeeed ouche tac:iitles.
3. AcqUlsll:on. 'Nl[hout iegard to any requirement
that the area ce a slum or bllgnted area. Ji aIr ngnts In
an area conslsllng ;::nnc:oatly ot land :n hrgnways. rad-
way or subway tracxs. oilage cr tunnel entrances.:Jr
other similar (ac:lItles 'NIlICh nave a blighling Influence
an the surrounolng area and over 'Nnlcn alr':gnts sites
are to be ceveiooea fer the elimination ot SUC:1 ollgntlng
influences ana tor the proviSion ot hOUSing (and related
tac:lItles and uses) deSIgned s;Jeclricaily for. and !imlted
to. :amliies and Inei'liauals oi 'Ow or mocerate Income.
933
.'~
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1987
9. Construction of foundations and platforms nec.
essar/'or the provIsion 01 aIr rights sites at hOUSing (and
related !ncllities and uses) deSigned specifically for, and
limited to, families and IndiViduals allow or moderJte In.
come.
(d) To provide, or :0 arrange or contract tor, the fur-
nishrng or repair by any person or agency. public or pri.
'late, of serllces. pmlleges, worKS, streets, roaes, pub.
lic utilities, or other facilities tor or in connection 'Nlth a
communIty redevelopment; to install, construct. and reo
construct streets, utilities. parks, playgrounds. and oth-
er publiC improvements: and to agree to any conditions
that it deems reasonable and appropriate which are at.
tached to federal financial assistance and imoosed pur.
suant to federal law relating to the determination of pre.
vailing salaries or wages or compliance With laoor stand.
ards, In the undertaking or carrying out of a community
reCe',elopment and related activities, and to in:::lude In
any contract let In conilectlon with such redeveiopment
and related activities proviSions to fulfill such of the con.
ditions as it deems reasonable and appropriate,
(8) Within tt1e community redevelooment ar~a;
1, To enter Into any building or praperT'Iln Jny com-
munity redevelopment are2. In Older to make inspec.
tlons, surveys, appraisals. soundings. or test tortngs
and to obtain an order for this purpose irom a coun of
competent )urlsdictlon in the event entr/ is denied or re-
sisted.
2. To acqUire by purchase. lease. ootion, gift, grant,
bequest. cevlse. eminent aomaln, or otherNlse any real
praoeny (or oersonal crooeny ior its admlnlstratl'/e pur.
oases), together .....:rn any ImO(OlIements ,hereon; ex.
::eot that a community recevelooment agenc'! may not
exercise any power of eminent aomaln uniess the exer.
cise has 8een soeclfically aD proved oy the governing
bedy of the county or muniCIpality whlcn estaolisneo :lie
agency.
3, To held. Imorove, clear. or preoare for iedevele:).
ment any sucn oroperty
4. To mangage. plt;cGe, hypothecate. or 8tl1erwlS(:
encumber or c:soose af any real prooerty,
5. 70 insure or previCe ior the Insurance of any u3al
or perscnal property or operations of the county or mu.
nlclpality against any rISKS or hazards, inciucing the
power to cay ~remiums on any suen Insurance,
6. To enter Into any contracts necessar! to eHectu.
ate the purooses of thiS oart.
(f) To Invest any community redevelocment funes
held in reserves or Sinking funas or any SUC:l funas ~ot
reqUIred for Immediate Clsoursement in oroceny or se-
cUrities In which savings banks may legally Invest funds
subject to their control and to reoeem SUC:l bonds as
have been issued pursuant to s. 163.385 at tne reoemo-
tlon price es tabllsned therein or to curchase sucn cones
at less than redemotion once, all sucn tonds so re-
deemea or purcnased to be canceled,
(g) To barrow money and to aooly for and ac:::eot ad-
vances. :oa(1s, grants. contributions. 3nd any other form
of financ:al assistance from the Federal Government or
the state, ::ounty, or other publiC bOdy or from any
sources. ouollc or private. for the purposes of thiS car.
and to give SUCh security as may be reqUired and to en.
ter Into ana carry out ccntracts or agreements In cen-
necLon thereWith; and to include in any contract ior fie
nanclal as,>.<;13nce With the Federal Government for or
With respect to community rpjevelooment and related
actiVitIes such conditions !moosed pursuant to lederal
laws as the county or muniCipality aeems reasonable
and appropriate which are not inconSIstent witt) the pur-
poses of this pan,
(h) Withm its area of operation, to make or have
made all surJeys and plans necessary to the carrying
cut of the purposes of thiS pan: to contract with any per-
son. public or prIVate. in making ana carr/'ng out such
plans; and to adopt or approve, modify, and amend such
plans, wnich plans may Include. but are not limited to:
1. Plans for carrying out a program of voluntary or
compulsory repaIr and renabilitatian of buildings and im-
provements.
2. Plans for tIle enforcement ot state and local laws.
cedes, and regulations relating to the use of land and
the use and occupanc'! of buiidings and Improvements
3nd to the compulsory reoalr. renaotlitatlon, demolitIon,
or removal of bUildings and Imorovcments.
3. Aporalsals, title searches, surveys, stUdies, and
other plans and work necessary :0 preoare for the un.
dertaklng oi community redevelopmenT. and related ac.
t:vitles,
(i) To cevelop. test. anc ;(~Dort mett10ds ana teen.
nloues. ana carry Gut cemC,"5trat!ons and other act/VI'
Les, for the prevention and :ne elimination of slums and
urban olignt and deveicolng and aemcnstratlng new or
improved means of crovlolng nouslng tor fa:nllles and
persons of low Income.
U) To aoply for, acceot, ,:!nd utilize grants :;r flmas
from the;: eaeral Government for sucn :Jurooses.
(k) To :Jreoare o!ans for and assist In me relocation
of ::ersons (InclUding Indlvlauals, families, cuslness con.
cerns, ~onDroi:t cr<;anl::3tlcns. ana others) .:Jls:Jl2.ced
frcm a ccmmt.;n,ty recevelopment area ana to make relo.
::ailon :::ayments LO or with resoect to suc~ cersons for
mOVing excenses and losses of ::;roceny 'cr 'IIhlcn relm.
:Jursement cr comcensation is not otnerwlse mace, In.
.:::t..;Clng :~e ma~lng cf SUC:l payments financed 'J'! tne
r=ederal Government.
(I) "To acorccr:ate sucn funcs anc r:laKe suer: ex.
;:encltures as are r.ecessar,: :0 :arr.' ::Jut me ::Jurcoses
ot ~nJs :Jan: :0 ::cne or :ezc~e any :;a(~ or ~ne ccun ty or
munlc:caiity or TlaKe exceotlcns from :Julic:ng reguia.
tlons: ana to enter Into agreements '.Vltn a noustng au.
thorlty, 'tmIC:l agreements may extenc over an'l penoe,
notwltnstanclng ~ny :rovlSlon or rule 'JT law :0 the con.
:rary. resoectlno;; aC~lon :0 oe :aKen cy sucn county or
;nunlc:oailly ::;~rsuant to any of tne powers granted oy
thiS oart
1m) To c:ose, vacate, plan, or re::;lan streets. ioaCS,
slcewalks, 'Nays, or otner olaces anO to Olan or rBolan
any ::art oi the county or munlc:oallty.
in) 'Nlthtn ItS area of ooeralian, to organize, c80ral~
nate. anC cirec: tile aamlnlstrallon of !ne prOVISions cr
!Ills ::ar~, 35 mev r.:av aDOI'! to SL:C:1 ccunt'l or munlc:oali.
ty, :n Grcer that :he ,'J0)8<::llIe of remec~/tng Slum and
D~lcnted areas ana :Jre'/entlnc the causes tnereoi 'Nltr,tn
s~cn countv or munlclcalit'/ ma'l oe mcst eHec:I'/el~/ C~O.
moted an::: 'acnleved and to est'aOllsn sucn new afTlce or
oHices ot the county or mun:c:oality or to reorganl:e ex.
934
F.S. 1987
INTERGOVERNMENTAL PROGRAMS
Ch. 163
Ist:ng orl:ces in 'Jrcer to c3rr/ cut such purpose most ef.
fectively.
(0) To exerc:se all or any p:lrt or combination of pow.
ers herein granted or to elect to have $ucn cowers exer.
c:sed by a communi ty rede';elccmenr agency
(2) The followmg pro\ects may not be paid fer or fi.
nanced by inCiement re'lenuE'~:
(a) Construction or expansion of administrative
buildings for public bodies or pOlice and fire buildings.
unless eaCil taxing authority agrees to sucn method of
financing for the construction or ex~anslon.
(b) Installation. COl1strUC:lon, reconstruction, reoal(.
or alteration of any pUblicly owned caDltal i'T1praVements
or projects wnJcn are not an integral ~art ot or necessar/
for carrYing out the community rede'Je!opment plan if
such projects or improvements are normall'y' financed by
the governing bedy '.\lith user fees or if such projec~s or
imDrovements wculd 8e installed. constructed. recon-
structed. repaired. orlltered within 3 years of the aD-
proval oi tr,e community receveloDment plan by tne gov-
erning body pursuant to a prevIously approved puolic
capItal improvement or proJect scr:eduie or plan at the
governIng body 'Nnlch acproved the commumty recevel-
oement plan.
(c) General govemment operating excenses urra-
!ated to ,Me ::;!annlng and C3r('/lng out of a community
redeveiocmenr plan.
(3) With the acproval of the governing boay. a com-
munity reaeveloolT1ent agenc'/ may:
(a) Prior to acproval of a community rede'le!oDmem
plan or aoproval oi any mr'oiticatlons of the clan. acqLilfe
real prooerty in a comrr. ..'llty reaevelooment area. ce-
moiisn and rerr:Clve any sl(\.;ctures on the prcoerty, ana
pay all costs related !O the aCQuIsition. demOlition. or re-
moval, Inclucing any acmlnlstrarlve or relocation e:~.
penses.
(b) ..l.sSIJme the resco:1slbility to bear any loss that
may anse as the reSUlt at :,1e exercIse ot authority under
this subsection. in trl . -3vem that the real orocerty is nct
..naee :Jart ot :ne commumtv recevelooment area.
Hi"tory.-1. 3. en. ;9-3C5; ;. i. .:t1. ,':'.131: 1. \ 1. :n.'::.4-356.
163.375 Eminent domain.-
(1) Any county or munic:pali t'l, or any community reo
cevelopment agency pursuant to soecific 3ooroval at
,he governmg COdy ot ~he counry' or mUnlcioality '.vnIC:1
estabtisned the agency, as prOVIded by any county or
:-nunlc:oal ordinance nas the ngnt to acqUire 0'1 concem.
:latlon any In teres t in reai proper!'!, incluaing a fee Slm.
pie title there~o. whicn it deems necessar'l for, or in con.
nec~icn 'NIt11. community redevelopment and related ac.
tivlties uncer this oart. Any county or munlc:paJity. or any
community redevelopment agency pursuant to soeclfic
aooroval by the governing body of the county or munlc:,
pality which estaolisned the agenq, as prOVided by any
county or rnunic:pal ordinance may exercIse the cower
oi eminent Comain in the manner prOVided in c;,\apters
73 and 7.\. and acts amendatory_thereot or sucplemema-
ry thereto. or it may exercise the power of eminent do.
mal11 in the manner now or '.....hich may be l'1ereaf~er:ro.
'Jided bv any other statutorY' crOVISlon for the exercise
- of the power of eminent domal'n. Proceny alreacl cevat.
ed to a pUblic use may te acculfed in like manner. How.
ever. nc real property belonging to the United Slates.
the state,'Jr any political subdiVISion of the state may be
acqUired without its consent.
(2) In any proceeding to fix or assess comoensation
for damages Jar the taking of property. or any interest
therein. through the exerCise ot the pO'.....er of eminent
domain or ccnaemnatlon, e"ldence or testimony oeaflng
UDon the following matters shall be admissible and shall
be conSIdered in fiXIng such compensation or damages
In aadltlon to eVidence or testimony otheM'lse admiSSI-
ble:
(a) Any use. condition, occuoancy. or ooeration of
sue." r:rocerty, ','/nlch IS unlawTt.;1 or violative ai. or sub-
Ject to elimination. abatement, orohibition. or correction
unde:r, any law, ordinance. or regulatory measure of the
state. county, muniCipality, or other political subdivision,
or any agenq thereof. in which such property IS located.
as being unsafe, sL:bstancard. unsanltaf'/. or otherNi~e
contrary to the public health. safety, morals. or welfare.
(b) The effect on the '/alue of sucn property of any
such use. condition, occupanC'/, or operation or of the
~1imlnation, abatement. prohibition. or correction oi any
sucn use, ccndition. occuoanc'/. or operation.
(3) The roregclng testimony and e'ildence shall be
aamlsslble notwlthstancing that no aC~lon has oeen tak'
-an by any public body or '.uolic oHicer toward the abate-
ment. ;Jronloltio:,. =llmlnaliCn, or correction ot any SUCil
IJse. condition. ~ccuDanc'l. or ooeratlon. TestImony or
eVlcence trlat any public body or pucllc orticer cnarged
With the duty er authority so to do has rendered. mace.
or issued any juoc;r:lent. decree. c:etermlnallon. or orCer
fer :he abatement. .")rohlblticn, Sllmlnatlon. or c::mec:lon
at any suc;, use.::onc:tlon. cc::uoanc~,'.:r .:ceratlcn
snail te aCr71lss:ble and snail te ;:r:ma Tac!e ';:vIdenC8 of
the eXistence and cnaracter ct such use. c8naitJon, or
ooeratlon.
HlsIOry.--;. '0.::1 :;;",;cS:;.:. ~~ 77-331 I. ~2. :n ~-~.
163.380 Disposal of property in ccmmunlty rede.
velopment area.-
(1) Any county. mu....oIc:oa1it'.l. or :ommunlty reaevef'
cement ac;enc'( may 5e,;. :ease. ::Iscose ot, or othervllse
transfer real crDDert'! or an~J Interest tnereln aCQUI(80 by
it for communlt'/ reae'/elocme;lt in a community race'/el-
cement area ;0 any ::lrIvate :::erson. or may retain 5ucn
praoert'f for ::UCltc IJse. and :nay -3nter Inco ccntrac~s
'.vlth resoec: :hereto :cr reSICentlal. recreatlonal. com.
merclal. :ncusmal. ~CUC3t:cnal. or other uses, in accord.
ance ',vlth :he community reaevelooment olano 3Uo\ect
to SUCh covenants. CCr.citlons. and restric~lons. includ-
in<;; covenants runnmg wlrh the land. as It deems neces-
sary or deslraole :0 assist .ncreventmg the develoo-
:Tlenl or scread ot :uture slums or :::Iignted areas 'Jr to
otr1erNlse carr/ out ttle ourposes of thiS Gart. However,
5ucn sale. :ease. Jther :ransier, or rerentlon. ana any
agreement relating :herero. may be mace only aiter the
3DOrO'lal oi the community recevelooment plan by rhe
governing cCdy. ihe ourC:1asers or ~essees and their
successors and assIgns snaIl :::e oDligared to devote
SL:cn real prccer!,! only to the uses soeclfied in the com-
munIty reaeveiacment plan and r.1ay be ocligated to
comoly with sucn ather requirements as the county. mu-
n1c:oality, or communIty recevelopment agenc'f may de-
,.
.\
I!
'J
,I
;1
,I
.'
"
~I
-c.1
~
~
935
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F,S. 1987
termlne to be In the public Inter~st. Including the obliga-
tion to begin any Improvements on such reat property re-
qUired by the community reaevelopment pian 'N1tr'lin a
reasonable lime.
(2) Such real property or In teres t snail be sold.
leased. otherwise transferred. or retained at not less
than its fair value for uses In accordance with the com-
munity redevelopment pian and In accordance with
such reasonable competlllve bidding procedures as any
county. municipality, or community rede'/elopmen'
agency may prescnoe. In determining the faIr value at
real property for uses in accordance with the communIty
redevelopment plan, the county, munIcipality. or com-
munity redevelopment agency shall take Into account
and give consicerat:on to the uses provlaed in such
plan; the restrlC:lons uoon, and the covenants, condi-
tions, and obligations assumed by, the purcnaser or !es-
see or by tne ccunty, municloality, or community reae-
'1elaoment agency retaining tne property: and the objec-
tIves of 3Ucn plan itJr the prevention at the recurrence
of slum or blighted areas. The county, munIcipality. or
community redevelopment agency may provide In any
instrument at conveyance to a private purcnaser or les-
see that sucn purcnaser or lessee IS wIthout oower to
se!l, lease. or otner'....lse transfer the real property with-
out the prior wntten consent of the county, munlclpallty,
or community redevelooment agenc'l until he has com-
pleted the constructIon of dny or all Improvements whiC:1
he has oDlIgaled nlmself to construct ~hereon. Meal
prooerty aCQUIred DY the county. munlCloatity, or com.
munlty reaevelooment agency wnlcn. In accoraance
With Ine prOVISions oi :he communIty redevelopment
plan. IS :0 be transierrea sr.all C.... :ransterred as raPlely
as feasible In the oualle Interest. ~:.JnSlstent ',\11th the car.
r/lng Gut of trle prOVISions ot the community receveloo-
ment 8lan. Any contract for sucn tranSfer and the corn-
munlty redevelccment plan, or suei1 Dart or oarts of sucn
contract or clan as :he county, munlcloaltty. cr comml.Jnl-
ty recevelooment agency :nay cetermme, may be r,:!c'
craed in the lane recores of tne ClerK ot lne WCUlt :ourl
In sucn manner as to aHord actual or constructive net Ice
~hereaf.
(3) ?nor to discoslt:on of any real oroperty or Interest
thereIn in a community reaeveiocment area. any county,
munic:pality, or communrry reaevelooment agency snail
give ::luOhc notice of sucn OISPOSltlOn by :::UOllcatlon In
a newspaoer navlnc a ceneral Clrcuiatron In tne commu-
nity, at least 30 cays c-nor to the executlon of any con-
tract to sell, lease. or otnerwlse transier real oroperty
and, pnor to the eellveri of any Instrument ot convey.
ance '.'11th resoect Hiereto under the prOVISions of :hls
section, InVite crooosals from. and make all pertrnent In.
formation avallaCle to. private reeevelooers or any oer-
sons IntereSled :n unoertaklng to reCevelop or rehabdl-
tate a community reaevelooment area or any part mere.
ct. Sucn notice snail iaentity t~e area or ~ortlon thereof
and shall state that oroposals must be maae by those
interested within 30 cays after me aate of cuollCJtlon of
the notice anC :roat suc:! further Information as IS avail-
aole may oe obtalnee at SLJc:l orfice as IS ceslgnateC In
the nOllce. The county, municipalIty. or communtty reae-
velaoment agency snail conSloer all sucn reaeve!OD-
ment or ref1aollltallon oroposals and Ine ftnanclal and le-
gal aollity of the persons making such proposals to carry
!/Iem oul: af~d the county. mUniCIpality. or community reo
development agency may llegotlate With any persons
for proposals for the purchase, lease. or other transfer
of any real property acqurred by it in the community re-
development area. The county, muniCIpality, or commu-
nIty redevelopment agency may accept such pro~')sal
as it deems to be In the public interest and in further-
ance of the purposes of thiS part: however, a notification
ot Intention to accept such proposal must be tiled with
the governrng bOdy nol less than 30 days pnor to any
Such ac:eplance, Ther:;atter, the county, munIcIpality,
or community reaevejo~ment agonel may execute sue;)
contract In accordance With the prOVisions of suosection
(1) and aeliver aeeds.leases. and other instruments and
take all steps necessary to effectuate such contract.
(4) Any -:ounty, munlc:pafity, or c:Jmmunity redevel-
ooment agency may tempora(lly ocerate and maintain
real prooeny acquired by It In a community redevelop.
ment area ior or In connection '.'lith a community reaevel-
aoment plan oending me dlSOoSltlon of the orooerty as
authonzed in thiS part. Without reg2rd to the prOVISions
of subsection (1), for:uc:n uses and ~urposes as may
be deemed deslraole. ~ven thcugn not In conformnj
','11th the community red~ ~'/e!ODment Clan,
(5) 1f any confhCI 9XIStS oetween tne ~ro\' IOns ot
thiS sec:lon and s, 159.01, :he orCViSlons ot thl~ sectIon
govern ane suoerseee these of s. 159.61
Hlatory.-s \1 en ~:t-3C5. s.~. e.'1 i7-~gl. $ 13.:.'1 ~-3~6
163.385 Issuance of revenue bonds.-
\ 1) When autncn:eo or aoprO'lee DY resolutIon or ':Jr-
Clnance cf :re ;over:OJng :::eoy, c ::;::;ur: t)', i.1l.mlc:oallty,
:r com;-nunlly reae'It?IOOmenl a~':;r.c'/ ~as oower In Its
coroorale ::acacit'..f. in Its olse:etlcn, :0 issue reaevelop-
ment revenue oones from ~lme to time to t:n2nce the un-
cert3.Klng ct af1y :::;",munllV r::m,;'Ie!comer: 'Jnaer t~,IS
8art.nc:ucil'.c;. 'N~:r.Out limiting :;:e ;ereraill'j :nerecr,
t;-.e oaY1T:en! ;)f ::;r:;;c:8al anc ..r.lerest ~oon any ao.
'/ancas for sur..evs Jr.c SI3r~s:::r ::;re!Ir:lIr.ar~1 loans. ana
rias cower to Isst,;e ~erunelr.g :::er,es tor :i1e ~ayr:len~ 'Jr
retirement oi bones cr ot0er OC:lg31lons ore'lIeusl:/ :s.
5uee. ine secuntv jor 5t,;C:', concs :-;lay :;e oaseo ~con
(:"Ie antlc:oatec assessee '/31L:atloil of :r.e comclelee
:ommunlty recevelcc~en! 3r.C sue:'. .Jtner revenues as
are !egaily avauacle. :n antlc::::attcn 8i ;ne sale Of 5UC:1
revenue Dones, :r.e c::::unlV. I.1Unlc:oailty, or comr.:unlt'l
reeeveloomenl agency :nav Issue Done antlC:8allon
;'1ote5 anc :nay renew sucn notes :rC;l1 !IITle to t::ne. out
:ne maximum r.;arurny of :mv sucn ~Gte. :nc:lJomg ~e-
"ewalS t:-.ereof. ~av ;-;ot exceee ~ years ~rom :ne Gate
or Issue oi :r:e crtgJr.al note. S~C:l :-',Oles snaIl De 8alC
from an" revenues ci :ne ccunt',I. ;nunlc:aallly. or agenc';
aVatiaOIE meretor anc not ctnerwlse olecceO cr from tile
oroceeas c: sale ~t :ne revenue Dones In- antlc:oatlon of
'NnIC~ tney were 'ssuee. Any Dond. ;1ote. or otner form
of Ineeotecness cieeolng Increment revenues to me re- -
caymen: tnerea! snail-mature no later man me enc of tne
30th fiscal ::ear ar~er the fiscal year 'n wnlcn Increment
revenues are flrSl cecosltec Into the reaevelcomen!
trust ;una,
(2) 50ndS Issuea uneer :rlls seC~lon cc not consti-
tute an Inaeotecness Within :ne meaning of any ccnSII-
a""~
.....;0
F.S. 1987
INTERGOVERNMENTAL PROGRAMS
Ch. 163
lutional or statutor/ debt limItatIon or restnction. and are
not sublect to the provIsions of any other law or charter
relatIng 10 the aUlhonlatlon. issuance. or s, !e of bonds.
Bonds Issued under lh~ provisIons of this part are ae-
dared to be issued tor an essential public and ~overn'
mental purpose and. together with interest t~ereon and
mcome therefrom. are exempted tram all taxes. e.x.ceot
those taxes imposed by chaPter 220 on Interes!. in-
come. or profits cn deb I obligat:ons owned ':Jy corpora-
tIons.
(3) Bonds issued under this secllGn shall be author-
ized by resolutIon or ordinance of the ~overnlng cady:
may be issued in one or more serles: and shall bear SUC:1
date or dates, be payable upon demand or mature at
such tIme or times. bear interest at such rate or rate~.
be in such denomination or denominations, be in such
torm either with or 'Nithout coupon or regIstered. carr;
sucn conversion or reglstratlon privileges. have sucn
rank cr ;:)fI0flty, be exect.:ted in such manner, be payable
In sucn meolum at payment at such place or :>Iaces. be
SUDlect to such terms of reder-lotion (with 'Jr WithOut
premium). be sec:.Jred m such manner. and have such
other cr.aract"'!f\slics as may be prOVided by such resolu.
tlon or ordinance or by a trust indenture or mort';;age 's-
suea r.'ursuant 1Ilereto Sands issued under Ih,s3ectron
may be sold In such manner. either at pUblic or ortVate
sale. ana for sucn p(l('.e :lS ~he ,;overnlng poo'/ may ceo
termine will effectuate the :Juroose of thiS cart.
(4) In case any of the publ:c offiCials of me county.
munlc:oality, or GOmmunlty recevelopment agenc,/
'",(1ose signatures accear on any bonds cr COUDons is.
suea under thiS part cease to be SUCh offiCIalS betore
the cehvery of 5ucn Cones. SUC:l Signatures are. ne'/er.
theless. 'Ialia ana sufficient for all Qurooses, the same
as If sur.:1 orticlals nad remainea in office until sucn dellv-
erf.
(5) In any SUIt. 3.C~lon. or proceeding Invoivlng the va-
liClty ::r enrorceaoliity of any cond issued under :hls Od1.
or the security :hereior, any sue:: cond rec:tlng In suo'
stance mat It has been issued by the county. .'i1UnIC:C3i1-
~'I. or communll'y' reaeveiocment agenc,/In .::onnec~lon
'81th community redeveiopmen!. :is hereIn defined. shall
be conc:uslvely deemt:;'J to nave ceen isst.:ea far such
purpese. ana sucn project snail be conc!uslvely ceemea
to have be~n piannea. located. and carnea .Jut tn ac.
ccrdance 'Nlth the prOVISions of thIS can.
(6) Subsec::ons (i), (4), and ~5J. as amenaed by s,
14. c:;aoter 34-356. Laws of Fionda. do not appiy to any
governing ccdy of a county or munic:pality or :0 a com-
munIty reaevelopment agency If such governing bOdy or
agency has aaopted an orainance or resolution authonz.
Ing tt1e Issuance 'Jr any canas. ,10tes. or :lther forms cf
Incebtecness to '....nlcn IS pledged Increment revenues
~utsuant only to a community redevelocment plan as
aocroved and adopted cefcre chapter 84-356 became
a law.
Hi"ory.-i. 1:, en. :i~3.::S. s. :2, en 7:J..J02:~. 2. en. 76-141. s. 'O,:;n ;7-;31.
S. 77, .:n 7~: ". 14, :2. en, a4-~6,
Into thiS tund shall be used by tho agency to finance or
refinance any community redevelopment It undertakes
pursuant to the approved community redevelopment
plan. ,'10 communIty redevelopment agency may receive
or spend any Increment revenues pursuant to this sec.
tlon unless and until the governing cody has. by ordi-
nance. ;::rovlded for the fundIng at the redevelopment
trust fund for the duration of a community redevelop-
ment plan. Such ordinance may be adopted only after
the governIng body has appro'led a community redevel-
opment plan. The annual funding oi the redevelopment
trust tuna snail be in an amount not less than that Incre-
ment in the Income. proceeds. revenues, and funds of
eacn taxing authonty deflved from or held in connection
With the unaertaklng and carrymg out ot community re-
development under this part. Sucn Increment shall be
determined annually and shall be that amount equal to
95 percent of the difference between:
(a\ The amount of ad valorem taxes :evied each year
b'! each la,>ong authority, exclUSive ot any amount from
any Qebt service mlilage. on ta,''(ac:e real property con-
tained Within the geograonlc bounaanes of a communIty
recevelooment area: anc
(b) The amount at ad '/alo,em taxes 'Nhich would
navp. been aroduced by the ra,e upon ',vnlc:, the t~iX IS
!evled each year oy or for eacn taxIng alJtho(lty. -:!xclu.
slve of any cebt service millage. uoon the total of the as-
sessea 'JaiL.. : of the taxao!e real property in the commu-
nity reCeve!coment area as sho'Nn \;~.~on :he most recent
assessment ,OIl usea In connection wI'n ::~e taxation cf
st.:cn proceny oy eacn ~axlng autnorlty pflor to the eifcc.
tive date ot the orcinance crovldlng tor the funding JT
the trust fund.
(2)(a) ::;<ceot for the ourcose af ::.JndHiC the trust
tuna pursuant ~o sucsectlon (3). !Jean :he 3co-ot:en of an
orolnance providing tor funding of tr.e ~ece'le!ocment
trust iund as ner~tn provlcea, eaC:1 :2..'(109 authctlty
snail, ':)'1 ";anuar; i 8t e2., ~ '.'ear. 2corOC(late :0 5ucn
tund for so :ong 3S anYllaeoreaness olecging ;irC, e-
.-nent revenues to :r.e8ayrnent tr.ereof !s :::u(stanarng
(but not :0 exceec 20 'Iears l a sum 'Nnlcn :s no less tnan
the Increment as ceiinea and ::::etermrr:ec in suosec:ion
(1) accr:.!Ing to SL.;cn :axlr.g authority. If :ne ::cmmunlty
receve!coment :Jlan IS amenceo cr mOdlfiea :.;ursuanr :0
's, 163,36111 '(b), eaC:1 sucn :axlng autl'iofllY snaIl maKe
sucn annual 300rccnallcn for a :Jefloc .,Ot to exceed 30
lears after :r.e cate :r.e ;overntn~ ::00'/ amer-cs :ne
plan, ~o taxIng autr.on:'/s exemot 'rcm :~e ."JrOVISlons
of :r:IS sec:lon.
(b) Any :,axJng 3tJtr.onrv ",rIC;) coes ;"lot :Jay :ne In-
crement :0 :he trust fun08Y ~3nuar/ 1 snail cay :0 the
trust funa an amount eaual :0 5 percent of ,he amount
of tne Increment and snail pay interest on :he amount
cf the Increment :::auai :0 1 cercent for eacn mont:i :ne
increment IS outstanding.
(3) ;\Jotwlthstanding the :JrCVISlons of subsec:!on (2),
the aol/gatlon of the c;overnlng coc'; wnlcn -astaolisned
the ccmmunlty reaeve,ooment ac;enc,/ to func :ne rede-
velopment trust fund annually snail ccntlnue unt!l all
loans. aavances. ana :nceoteaness, If any, ana Interest
thereon, oi a c:::mmunlty ~ece"elocrnent agenc'l in.
'::Jrrec as a result at ~eceve!CO;-;1ent :n a community reo
ae\Jelopment area nave ceen cala.
163.387 Redevelopment trust tund.-
(1) There snail be estactisnea for each commUnl ty
redevelopment agency created uncer s. 163.356 a rece.
velooment trust fund, Funds allocatea to ana aepOSlted
937
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F,S, 1987
(4) The rp.':anue bonds and notes of every issue un-
der this part are payable solely out of revenues pledged
to and receIved by a community rede'/elopment agency
and deoosited to Its redevelopment trust fund. The lien
created by such bonds or notes shall not attach until the
revenues referred to hereIn are deoosited in the redevel-
opment trust fund at the times, and to the extent that,
such revenues accrue. The holders of such bonds or
notes have no right to reqUire the Imposlticn of any tax
or the establishment of any rate of taxation rn oroer to
obtain the amounts necessary to pay and retire such
bonds or notes.
(5) Revenue :Jonds issued under the provlslons ot
this part snail r.ot be deemed to constitute a deol, liabili-
ty, or ooligation of the local governIng body or tno state
or any political subdiVISion thereof. or a pledge of the
faith and credit of the local governing bOdy or tne state
or any political subdiVISion thereof. but 5:1all be payable
solely from the revenues provlaed therefor. All such rev.
enue Donas snail contain on the face thereof a state-
ment to tne ~Hect that the agency shall not be obligated
to Day the saj.le or me Interest thereon except from the
revenues at :he community reoevelopment agency held
for that purpose and that neither the faith and credit nor
the taxing power of the local governing body or of the
s:ate or of any politic::.\ suOdiv\slon thereof IS Dledgee to
~he payment of :he pnnclpal at. or the interest on, SUCh
bonos_
(6) ,'}.oneys In the redevelocment trust fur.d may ~-)e
exoenaea from ~Ime to time tor me following :Jurposes.
wnen alrec~ly related ro tinanc:ng or refinancing at rede-
velopment In a ::ommunlty redevelopment area pursu-
ant to an 3:Jpiovea community reaeve/ooment plan:
(a) Admlnis.ratlve and overnead exoenses neces-
sary or Inc:dental to me imclemenratlon of a community
reee'lelooment :Jlan acopted by me agency.
(b) ~xcenses of reaeve!ocmen t olanntng, surve'.Is.
ana finanCial analysIs. ,ncluclng the rell;10ursemen, of
the ;overnlng ooay or the c:::mmunlty reaeve;opmem
agency tor wcn exoenses lncurred betore tne reaevel-
coment Olan was aooroved and 3.co:Jted.
{c) "The aCQUISitIon of real precerty In the rec:eveloo-
me:it area.
~;.::) The clearance ana oreoaratlon at any reae'/elop-
men! area ior reoeveiooment ana relocation of site occu-
pants as orovloed In s. 163.370.
(e) ihe repayment of pnncloal and Interest cr any reo
aemotlon cremlum for loans. aavances. conas. Done an-
tlcloatlon nOles. 3nd any other form of ;r.aemeoness.
(t).l.li exoenses InCIdental to or connectea with me
Issuance. sale, redemOtlon. retirement. or ourC:1ase ot
acenc''/ :::onas. bond antlc:oatlon notes. or other term of
lndeOreo:1ess. IncludIng funoing of any reserve. re-
cemotlon, cr orner funa or account prOVIded for In :he
orOlnance or resolution authoTlzlng such bonos. notes.
cr ctr.er farm ot :ndecteoness.
(7) On rne last aay OT t!ie fiscal year of me communi'
ty receve!opment agency. any money '......n:cn remains :n
tne trL.:S! ::Jnc aiter the cayment of exoenses oursuant
to sucsectlon (6) for sucn year snail be:
(a) Returnea to eacn taxing authoTlty wntc:i oald :he
Increment In tt1~ craconlon that t:-le amount of the pay.
rTlent of sucn taxln~ 3urtlOmy tears to the total amount
paid into the trust fund by alllaxjng authorities within the
reaevelopment area for that yenr;
(b) Used to reduce the amount of any indebtedness
to whlcn increment revenues are pledged: or
(c) Deposited Into an escrow account lor the pur.
pose of later reducing any indebtedness to whiCh incre.
ment revenues are pledged.
(8) Each community redevelopment agency shall
provide for an Incependent financial audit of the trust
fund each fiscal year and a report ot such audit. Such
report shall describe the amount and source of depOSIts
Into. and the amount and purpose of withdrawals from,
the trust fund during sucn fiscal year and the amount of
prinCIpal and interest paid dunng sucn year on any in.
debtedness to whicn is pledged incr~"'ment revenues
and the remaining amcunt of such inoebtedness. The
agency snail prOVide a copy of the reoort to ~'Jach taxing
authOrity.
Hllltory.-s. 11. en. 77-331: s. 72. c;:1. 79-l.:..Xl; s. 9. en. 5J-~31: s. 15. en 54-1.50:
s. 'li. en. 61-224 .
'Hot.,-"'-5 t:n:lcted; s. ; '.;J.361( 1 liS not CI.....Oeo Into c;.arac;racns.
163.390 Bonds as legal investments,-AII banks,
trust comoanles. :Jankers. s,wlngs :)anks and Institu-
tions. building and loan assoc:allons. 3avlngs and loan
aSSOCIatIons. Investment ccmoanles. and othEr persons
carrying on a banking or !nvestment bUSIness: ailinsur-
ance comoanies, Insurance aSSOCiations. anc Qlner Der.
sons carrying on an Insurance Olis:ness: ana all execu-
tors. aamln/Straters, curators. tr'.Js~~']s. and other fieu'
:::Ianes mZty I~gally Invest any SinKing tunes. :i1cneys. or
atner funes :::Je!ong!ng iO tr.em cr ','/IC,ln :neIT contrcl In
any conas cr oIlier obll~atlCns Issued '0'{ a county or mu.
n1c:oality :Jursuant ~o :n15 part cr :)y any c:Jmmunlty reo
aevelooment agency JeStea wltn communIty receve!oo-
ment cowers. SUCil oenas ana O!l1er oDli~allons snail be
3utnO('Zec securHy fer all CUC:IC ceccslts It 15 :he cur-
~cse at :nls section ,0 autr~Gr:ze 311 persons. .:IOiltlcal
sucoi',1islcns, 3nC enlcers. :L.;::;;iC cr ::r:vate. :0 'Jse any
tuncs owned ar ~:;ntrCtiea by ,i1em ~or :r.e :Jurcna$e 0j
any such :cnas or orner ccl:ca:lons. ~JOlntnC contained
In :i.IS sec~:on '.'11m re;arc to -'eg31 :r.'lesunents- snail oe
cor.:::;ruea as relieVing any oerson of dn:1 ClJty ot exercls,
'ne reasonaOle ::2.(er. se!ec:!rc ses'Jr:!les.
HI5tOry.-S . 3.:::1 :;;"'3.':)5. ~ - 2.:~ -~ -331 > ':. ::-. 34-~Q
163.395 Property exempt from taxes and trom levy
and sale ":Jy virtue of an execution.-
(1:, All ;:rcceI1Y at any caur.!y. munlc::)ailt'!. cr ::::m.
munw" reCel/elcr-men! agency. Inc:~clng funes. QwneO
or neld cv I: for :\1e Durcoses of :hlS ::ar": are exem:Jt from
levy ana sale 0'1 vlrtL.:e cf an eXeCL.:tlcn: and no exeC:":I:on
:lr ~ther ,ua:c:al orccess :nay Issue ~r;alnst :he same.
nor snail ;!Jcgr.:ent a<;;amst :he CCL.;r.ly. mLmlc:oallt'l or
cCmmunl[~1 reCe'lelccr:;ent agenc'/ be a c:iarge or lIen
ucon sue;": ::;rccerty ~':Jwe'ler. me crOVISlons ct thIS sec.
lion 00 no: aCC1V :0 cr limit :t1e (lent oi ool:cees te cur-
sue =.n'f remecl'~s fer ~iie ::niorcement of any oleoge or
lien given :ursuant :0 !I1IS car. '='y :ne county or rnunlCI-
:Jain,! en :is rents. ~ees. grants. or revenues -,rom :::m-
rnunrty receveiOOmeni
(2) ire orccerty of the county. munrc:ca!lty. or com'
munll'l receVe!OOmeni acenc',' aC~Ulred or neld for !Me
Duroo'ses o~ t:iIS oaTi 's aec:a'red :0 oe plJcirc prcoerty
938
.........,~..:::r...'>~1~~~_":"~;-.~~-r~.~~~~~~~~.... ~_ ~;~'\.,~:s
t' I ,; ", I: . "." ,. \ , I ,',. ':', " ' "I, . I ' . \ II '\.','
I.
F.S.1987 INTERGOVERNMENTAL PROG~\M~ . Ch.163
used for essential public and governmental purposes, subsection. t15m .county or municipality. also in-
and such property is exempt from all taxes of the munlel' cludes a com~ redevelopment agenc'l.
pality. the county, or the state or any po:itical subdivision (2) Any sale. conveyance. lease. or agreement pro-
thereof. However. such tax e;.:emptJon wiil ,ermtnate vided for in this section mtly be made by a puolie bOdy
when the county, munlclpalily, or community redevelop- wIthout aopralsal. puollc notIce, advertisement. or pub-
ment agencl sells. leases, or otherwise disooses ot lie bidding.
such property in a community redevelopment area to a (3) For the purpose of aiding in the planning. under-
purchaser or lessee which is not a public body entitled taking, or carrying out of any community reaevelopment
to tax exemption '.'11th respect to such property. and related activities of a community redevelopment
HIIIOry.-,. 1.t. en. 5~:{)S: s. lJ. e:1. :7-:91; s. Ii'. en. 3-&-356. agency or a housing authority hereunder, any county or
munic:oality may. in addition to its other powers and
upon SUC:1 terms, with or without consideration, as it de-
termines. do and perform any or all of the actions or
things which. by the prOVIsions of subsection (1 ). a pub-
lic body is authorized to do or perform. including the fur-
nishing of fin3nclal and other assistance.
(4) For the purposes of this section. or for the pur-
pose of aiding in the planning, unaertaklng, or carrying
out of community redevelooment and related activities
':It a county or municipality, :ucn county or municIpality
may, In addition to any authoflty to issue bonds pursuant
to s. 163.385. issue and sell its general obligation bonds.
Any bonds issued by the county or munlc:pality pursu-
ant to thiS section shall be Issued in the manner and
within the limltatlom orescnbed ::Jy the aoclicable laws
ot ~his state for the ISSU2nce and authoriza[(on of gener-
al obligation bonds by sucn county or mUnlc:oality. Noth-
ing In tl11S section snail limit or other.vlse adversely affect
any other section ot this part.
HI.tary.-s. ; 5. en. 59-305; 5. l~. Co'. i7-o39': s. i"3. en. 79-100: 5. 18. en 84-.;50.
163.400 Cooperation by public bodies.-
(1) For the ourpose of alaing In the planning, under-
taking, or carrying out of community redevelopment ana
related activities authorized by this part. any public
body may, upon such terms, with or Without consider-
ation, as it may determine:
(a) O&dicate. sell, convey. or lease any of its interest
in any propert'! or grant easements. licenses. or other
rights or pnvlleges therein to a c:Junty or muniCIpality.
(b) incur :he entlfe exoense ot any public imorove-
ments made oy such public ':Jooy In exercising the pow-
ers grantee in thIS sec::on
(c) 00 any and all things necessar'lto aid or coooer.
o~e In the planning or carr'fmQ out of a community rede-
velopment ~Ian and related actiVities.
(d) Lend. grant. or contflbute funds to a county or
muoJcipallly: borrow money; and aopJy for and accept
ad'/ances, loans. ;;iants. contributions. or any other :orm
oi lil:ancl21 assistance from the i=ederal Governnent,
me state. the county. another public body, or any other
sourC2.
(e) Enter into agreemems, wnlcn may extend over
any penod. notwithstanding 3ny orOVISlon or rule of law
to me contrary.Nlth the Federal Government. a county,
a munlc:callty,Jr another ouOlic :::oay resoectlng action
to be t3ken cursuant to any of t:le ~owers grantee by
ihis part. :nc!uding the furnishing ot funds or other as-
Sistance :n connection "'" th community redevelopment
and related ac:i\'ities.
(f) Cause pUblic oUtldings and publiC facilities. In.
eluding parks, playgrounds. recreational. communlCY.
educational. water. se'Ner. or 8rainage fac:lities. or any
other 'NarKS wnicn it is ':ItI1erNlse emcowered to under-
take to be furnished: f1..J(nisn, deaicate. c!ose. '/acate.
pave. install. grade. regraae. ptan. or reDlan streets.
~oads. sidewalks. 'Nays, or other places: plan or ~eplan
or zone or rezone any cart of the puolic boey or maKe
exceotlons from budaing regulations: and cause admin-
istrative and other services to be furnished to the c:Junty
or municipality.
if at any time title to or ~ossession of any property in a
C::mmunJty redeveiooment area is held by any public
bocy or governmental agency. other than the county or
mUniCipality, but including any agency or Instrumentality
of the United States. whtcn IS au thoflzed by law to en-
gage In the undertaking, carr/lng out. or administration
of community redevelocment and related ac~ivlties. the
prOVISions at the agreements reterredJo In thiS section
snail inure to the t:eneiit of and may ce enrorced by sucn
pUblic body or governmental agency. As used in thiS
163.405 Title of purchaser. -..~ny instrc;ment exe-
cutea cy any county. munlc:cality, Jr c:mmunlty rece-
'/eiocment agency and curpcrting ,0 Gonvey any f1(;;m.
title. or Interest in any cieoeny under this cart snail be
conclUSively cresumed to have teen executea in c:::m-
pliance '.'Ilt1 the prOVisions of thiS part Insofar as title or
other Interest ot any bona lice ::Jurc:;asers. ~essees. 'Jr
transferees cf 5ucn orocerty is c::;ncernec.
H1SIO"",--~, :5. :;1. S-~; 3. :5. :..,. :7-391
163A10 E.xerc:se 01 powers in counties with home
rule charters.--In any ,:ount'l 'NnlC:1 ~as 1coDted a
nome rule Crlarter. ::le :Jowers :onterred ':..'1 :hls :lan
snail be :xerc:sed eXClUSively cy trle ;cvern:ng boay of
suen c:)unty. However, :r.e ,;overntnc; DOC'! 'Ji ;ny SUCr1
county '.'InICrl nas :lComed :a nome rUle cnaner ~ay. :n
its aiscretlon, by resolu tIon delegate tr..e exerc:se or ,he
powers c:)nierred ucon :ne county by :hls Dart 'Nlthln the
boundaries ot a munrc:aa1it'l to the governing 000'1 ot
sucn a munlc:oality, Sucn a aele~allon to a munlclcality
shall conter only SUC:1 powers :..Joan a munlc:callty as
shall be soec:tic31ly -:numera.ed in the delegating reso.
lution. Any f::ower r10t soecltically delegateO snail be re-
ser/ed exclusively to the governing COdy ot :he county.
ThiS sec:lon does not atfec: any communlt'l redevelop.
ment ac;enc'f created by a mUnlcica1it'l pnor :0 the acoo.
tlon of a county home rule charter.
HI.lory.-,. 1 i--~' 5g.. 3C5; s. :. en. 33-29.
!I'.
I"
; ~ ;.
, .
163A15 Exercise ot powers in counties without
home rule charters.- 7he powers ccnferred by thiS part
UDon counties no! haVing aaccted a nome rule cnarter
snail not be exerc:seo Within the boundafles ot a munlCI'
j.
..'
l~
f"
I.;
!
939
"~.{
,.
': .
Ch. 163
INTERGOVERNMENTAL PROGRAMS
F.S. 1987
pality within saId county unless the governing body of
the mUnicIpality expresses Its consent by reSolution.
Such a resolution consenting to the exercise of the pow-
ers conferred upon counties by this part shall soecilical-
Iy enumerate the po.....ers to be exercised oy the county
within the bounaaries of the mUnlclOallty. Any pow,~r not
specifically enumerated In su::n a resolution of consent
shall be exercIsed exclusively by the municipality WIthin
its bounaaries.
HlllOr'f.-s. lB. en. 6;-JC6.
163.430 Powers supplemental to existing commu.
nity redevelopment powers.- The powers conferred
upon count:es or mumcloaldies by this part shall be sup.
plemental to any community redevelooment powers
now being exercised by any county or municipality in ac.
cordance With the provIsions of any population act, spe-
cial act, or under the provisions of the nome rule charter
for Dade County, or under the provIsIon of tr.e cnarter
of the consoliaated City of Jacksonvllie.
Hjltot'y.-~. 21.:n ::;9-.305
163.445 Assistance to community redevelopment
by state agencies.-State agencies may prOVide tech-
nical and adVIsory assistance. upon request. to munici-
palities. counties. and community redevelooment agen.
cles for community reaeveiooment as cefined in thiS
part. Sue:. assIstance may Include. but neea not be limit-
ed to, preoaralion of worKable programs. relocation
olannlng. special statistIcal and other studies and (:om.
pita nons. tecnnlcal evaluations and information. trainIng
aC:I,,,,ties, profeSSional services. surveys. reports. dOcu,
ments. and any Jtner simIlar service functions. If suHi-
elent funas and personnel are avalldote. these services
shall be orov.::led Wltr'lOUt cnarce.
History.-,.25 en oSo.30s. s. ~6.:n ~-:--391 s. '9. en 04-350
163,450 Municipal and county participation in
neighborhood de\lelopment programs under Pub. L.
No. 90-448.-Notnlng contained nereln snail oe .:on-
strued to pre'lent a county or municipality wrllcn IS en.
gal]lng 'n communlCy redevelopment aC:lvitles ner.::un-
aer from oartlclPatlng In the nelgllOorTioOa oevelooment
prcgram unaer :he HOUSIng ana Uroan Oevelocment
~ct oi '1963 ,"PUD. L. No. 90--148) or In any amenaments
sUDsequent thereto.
H,story.-s. 26. C~ ~9-3C5. s. ~9. en. BS-OO
PART IV
NEiGHSORHOCO IMPROVEMENT DISTRICTS
1 63.501
163.502
Short title.
Safe nelgnbornooas. ieglslatlve flnalngs ana
Duroose.
Sate nelgncorncods: cefJnltlons.
Sare nelgnoornooc Imcrovement CIStrlCtS:
plannIng funas.
Local government nelgnbornooa 'r.iDro':e'
ment alstnc:s: creation: ad'Jlsory councli:
Olssolutlon
Prooerty owners aSSOCiation nelgncornooa
:morovement aIStflC~S: creation. oowers
ana cutles. curatlon
1€33.503
163.504
, 63.506
163,508
163.511
. Special neighborhood improvement dis.
tricts: creation; referendum; board of di-
rectors; duration; extension.
Crime prevention through environmental de-
sign functions of neighborhood improve-
ment districts.
Powers of neighborhood improvement dis.
tricts.
;:iscal man,.gement: budget preoaration.
Safe neighborhood improvement pians.
Safe Neighborhoods Trust Fund.
Crime prevention through environmental de.
sign program.
Duties of Department of Community Affairs.
Nelglloorhood improvement district Inside
enterprise zone; funding.
State redevelopment programs.
163.513
163.514
163.5151
163.516
163.517
163.518
163,519
, 63,521
163.522
163.501 Short title.-Sections '163.501-163.522
may be cited as the .Safe Nelghoorhoods Act.-
H.uory.-s. 55. en. 37 -2.:J.
'Nota.-Secl,ons 163.501 :rvcuc,.' 153.:22 reCfesent .~~ C::lmO.lallon of SS. 55
lnrouc;n 70 CI en. 57-243. 5eCl1Of15"71 lllrougn 73. en 07 -.4,3. atle<:lea ana are -::om.
Cllea 'at ss. 290.007. 1 W.34<J. and: 77 SOD.
163.5Q2 Safe neighborhoods; legislative findings
and purpose.-
(1) The LegIslature hereoy finos and aeciares that
among the many causes aT ~e!enoratlon In the bUSiness
ana reSloentla1 ~e!Qnbornccas ot the state are the fal.
lowlnq: oroliferatlo'n oi crime, au!omobile !raffic flow
strancled':JY outmocec street :)aiterns. unsu:taole to-
pograony. faulty lot layouts. fragmentation of land uses
and ~arklr.g 2reas 16CeSSltatlng rrecuent 3utomooile
movement. iac~ at seoaratlon of :)ecestnan areas from
automcctle traffiC. jac!'. oi seoarat;on of '/enlCIG traffiC
lanes and ra,irc2.a tr~tiic. and excessIve nOIse le'/els
irvm aU!OmoOI:e traffic.
,:2) 7;"9 L..eglsl3ture fu::her fines and ceclares thai
saTe nelgnccrnocd5 are me orCCt;ct of olannmg ana 1m.
Dlement2t10n oi 2.8Croor:are environmental ceslgn con.
ceors. :omorenenslve cnme oreventlon Drograms. ianc
use recommer.oatlons. ana beautit:catlon lecnnlcues
(2) 7he '_eglslature :urtner :inds anc declares !nat
the orCVISlons OT SS. J 63.501- i 53.522 and me oowers
qrantec :0 iecal covernments. ::reoerty owners aSSOCla.
~ons. ana soec:al aeoenaent .:::ISU:C:S are aeslraole :0
,:ulce ana accomohsn :ne coorClnatea. ~alanc.::a, anc
narmonlous ae'leloomem oi sate nelgnDornoods: :0 pre.
'71ote me nealm. saietY. ana ceneral welfare of mese ar.
eas ana t:-:etr InnaOltant5. 'Jls~ors. orooerty owners. ana
wcrKers: :0 estaOlisn. :nalntaln. ana oreser'le orooerty
values ana :)reserve and foster t:>e cevelooment oi at.
tractIve nelcnocrnooa ana OUSlness envlrcnrnents: :c
prevent overcrowding ana congestion. to Imorave or re-
alree: autcmooJie traffiC and proVide peaestrlan salety:
to reaLice crime rates anc :~e OCDortUn\ttes for tne e:Jm'
miSSion of crime: ana to :rovlce environmental securI:Y
In nelgnoorncods so they are cefenslble against Crime. -
(4l it IS me Intent ot tne LegISlature to assist local
covernments In ImOlementlng effective crime preventlon
tecnnloues to estaClIsn sate ne!cnoornooas. The L8gJS'
lature, ;;;ereicre. ::ec:iares tna! ~'1e cevelooment. reae.
'1elccmen!.oreservatlon. ane re'lItalli:at:on oi ~elg(10::::r-
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PROPERTY APPRAISER
JIM SMITH
315 COURT STREET
CLEARWATER. FLORIDA 34616.5191
TO:
All Taxing Authorities
FROM:
Jim Smith, Property Appraiser
SUBJECT:
1989 Estimates of Taxable Values
DATE:
.May 19, 1989
The following are taxable value estimates for budget planning
purposes. If you have any questions concerning these estimates,
please contact Dick pauk, Director for Property Value Roll at 462-4293.
As indicated on the TRIM calendar previously mailed to you, we
expect to certify values on Monday, June 19, and have established
the deadline for all Taxing Authorities to return proposed millage
rates, rolled back millage rates, and public hearing information
(date, time, place) to my office by Noon, July 19, 1989.
If we .can be of further assistance to you, please do not hesitate
to contact my office.
1989 ESTIMATES OF TAXABLE VALUE
CLEARWATER DOWNTOWN DEVELOPMNT
Real' PrODerty
( 'Includes New Construction in the amount of
P~rBonal Property
1,646,200 )
150,513,300
30,716,040
Total Taxable Value Estimate
181,229,340
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:. MAY 2 6 1989
BUDGET OFFICE
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FROM:
SUBJECT:
DATE:
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MEMORANDUM
The City Commission .
Mie. Wright, City Manager
. ~mmunity Redevelopment Agency
COPIES TO:
COMMISSION
PRESS
Date iJAN 311992
CITY CLERK
January 31, 1991
Attached is informational material on the Community Redevelopment Agency. The
information was prepared in 1990, however it is still accurate.
If you have any. questions, please do not hesitate to contact me.
attachmentl
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MEMORANDUM
TO:
FROM:
VIA:
COPIES:
File
~lichael wr~ Assistant Ci ty Mana:er/community Services
Ron H. Rabun, City t1anager~~
Betty Deptula, Director of Administrative Services
Jerry Sternstein, Economic Development Director
SUBJECT:
DATE:
Communi.ty Redevelopment Agency
August 23, 1990
The Flori da Statutes cl ea rly defi ne the purpose of a Communi ty Redeve 1 opment Agency
as a program "for utilizing appropriate private and public resources to eliminate
and prevent the development or spread of slums and urban blight, to encourage needed
community rehabilitation, to provide for the redevelopment of slum and blighted
areas, to provi de a ffordab 1 e hou si n9 ...."
There are a series of steps a local government must follow and there are certain
minimum criteria that must be met before a district can be formed.
However, once a district is created, it is funded by a methodology commonly known as
tax increment financing (TIF).
Although the legal definition is somewhat complicated, the simple explanation of how
a TIF district works is as follows:
o For Ci ty and County general fund purposes, the taxable va 1 ue of the
district is frozen at the base year amount (in our case the year is 1982).
The amount of money the two general funds receive are the cllrrent millage
times the frozen base taxable value.
o The special eRA fund receives its money from the increase in taxable
values above the frozen 1982 base amount times the current millage rate of
the City and County Commissions. In 1982, the district had a value of
approximately $85 million as compared to today's assessed value of $160
mill ion. The CRA reve nu es are c a 1 cu 1 ated on the di fference between the
base year assessment and the current year's assessment, or about $75
million, times the current ad valorem tax rates set by the City and County
Commissions, less voter approved millages for debt service.
In other words, tile CRA receives the money that would have gone to the City and
County genera 1 funds as a resul t of taxes 1 evi ed on new constructi on and increased
values on propel~ty located in the district. The first year revenues of the CRA were
$49,450 and the district anticipates receiving approximately $755,000 next year.
The revenues of certain local government agencies are exempt from the TIF district
calculation. These agencies include, among others, the Pinellas County School
Board, the Southwest Flori da \~ater Management Di stri ct, the Pi nell as Suncoast
Transit Authority and the Juvenile Welfare Board. These local government agencies
receive the full benefit of any increased property values.
The CRA cannot exist for more than 30 years (2112), according to Florida Statutes.
I t can sunset ea rl i er by action of the City Commi s s i on. When the CRA sunsets, the
increased tax revenues automat i ca lly begi n fl owi ng back to the genera 1 fund and
other respective taxing authorities that had their funds frozen in the base year.
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ORDINANCE NO. Z 779 - 8 Z
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
PROVIDING FOR AND ESTABLISHING A REDEVELOPMENT TRUST
FUND AND APPROPRIATING FUNDS TO SUCH FUND PURSUANT
TO SECTION 163.387, FLORIDA STATUTES; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS'HEREOF; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR NOTICE OF PROPOSED
ENACTMENT; PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the Downtown Development Boord was formed by dual
referendum of City electors and freeholders in the Downtown Development District In
1970 to alleviate conditions of slum ond blight in Downtown Clearwater; and
WHEREAS, Chapter 163, Florida Statutes, has defined and provided for
conduct of redevelopment activities; and
WHEREAS, the Boord of County tommissioners of Plnellas County,
Florida, by Resolution No. 81-466 delegated to the City Commission of the City of
Clearwater, Florida, the power :-.,d outhorlty to conduct redevelopment activities os
defined in Chapter 163, Port lit Florida Statutes, referred to os the "Community
Redevelopment Act of 1969;" and
WHEREAS, the powers delegated by Resolution No.8 I -466 'include the
following:
a. Power to find and declare blighted or slum areas within the
Downtown Development District area;
b. Power to find and declare the necessity of rehabilitation,
conservation and/or redevelopment of said area;
c. Power to create the operational bosis including funding thereof
for the City of Clearwater City Council acting os the
redevelopment agency for the Downtown Development District
area;
d. Power to prepare, adopt and modify the redevelopment plan,
subject to approval of the Boord of County COrT"missioners of
Plnellas County;
e. Power to create the redevelopment trust fund and execute,
including issuance of revenue bonds, all funding considerations
thereunder, subject to opproval by the Boord of County
Commissioners of Pine lias County; and
f. Power for the redevelopment agency to exercise eminent
domain and to acquire, leose, and dispose of property.
WHEREAS, the City Commission of the City of Clearwater, by its
Resolution No. 81-67, declared an area of the City described in said resolution to be a
slum or blighte<;f area; .and
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WHEREAS, the City Commission of the City of Clearwater declared itself
to be a redevelopment agency to corry out the redevelopment of, the area determined
to be a slum end blighted oreal and
WHEREAS, the Boord ~f County Commi':;.:iloners by Resolution No. 81-795
h~ approved the Redevelopment Plan for Downtown Clearwater pursuant' to the
Community Re<levelapment Act of 1969; and
WHEREAS, the City ':ommission of the City of Clearwater by Ordinance
2576-81 has adopted the Redevelopment P Ion for Downtown Clearwater pursuant to
the Community Redevelopment Act of 1969; and
WHEREAS, the Community Redeveloprt:lent Project Schedule for Downtown
Clearwater provides specific proposals for community redevelopment projects and
guidelines for the implementation of public projects necessary to effect the removal
of slum or blighted conditions in Downtown Clearwater;
NOW THEREFORE, BE IT ORDAINED BY THE CITYCOMMISSION OF
THE CITY OF CLEARWA TER, FLDRIDA:
Section I" Creation and Puroose
There is hereby established and created, pursuant to Section 163.387,
Florida Statutes, 0 Redevelopment Trust Fund, hereinafter referred to os .
the "Fund," to be used exclusively to finance or refinance community
redevelopment projects by the City of Clearwater Community
Redevelopment Agency, pursuant to Chapter 163, Florida Statutes, Part Ill,
Community Redevelopment Act.
The funds allocated to, and deposited into, the Fund as provided in
this Ordinance ore hereby appropriated to the City of Clearwater
Community Redevelopment Agency, hereinafter referred to os "Agency,"
to finance the City of Clearwater community redevelopment projects
within the redevelopment area identified in Resolution No.8 t -67 of the
City of Cle<lrwater. The Agency shall utilize the funds and revenues paid
into and earned by the Fund for those community redevelopment!ur-
poses delegated to it os contained in the pion for redevelopment on os
provided by low, and such fund shall exist for the duration of the projects
within the redevelopment area, and for so long thereafter os indebtedness
continues to exist.
Section 2. Monies Approoriated To And Comprisinq the Fund
The Redevelopment Trust Fund shall consist of, and the City of
Clearwater hereby appropriates, commits and sets over far payment into
the Fund a sum equal to that increment from the income, proceeds, .
revenues and f~nds of the City derived from or earned in connection with
the community redevelopment project area, and agencies undertaking and
carrying out of the community redevelopment projects therein. Such tox
increment sholl be determined and appropriated annuc/ly, and sholl be on
amount equal t) the difference between:
(a) The amount of ad valorem taxes levied each year by the City and
County on taxable real property contained within the geographic
boundaries of the redevelopment area as defined in' the adopted
Redevelopment Plan for Downtown ClearwatedOrdinance No.
'2576-81; and
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(b) The amount of ad valorem taxes which would hove been produced by
the rote upon which the tax is levied each year by the County and
City upon the total of the assessed value of the taxable property in
the above-referenced redevelopment area os shown upon the most
recent assessment role used in connection with the taxation of such
property by the County and the City prior to the effective dote
(December 17, 1981) of Ordinance No. 2576-81 of the City of
Clearwater enacting the daw!1town redevelopment pion.
In colculot 1119 the increment, the orr" Jnt of od valorem taxes levied
based on county-wide debt service on general obligation County bonds or
city-wide debt service on general obligation City bonds sholl be excluded
from the calculatIon. All increments in this amount sholl continue to be
used for its voter-opproved purpose and sholl not be oppropriated in any
port to the Fund. In no year sholl the County or City obligotion to the
Fund ~xceed the amount of that year's tax increment as defined by this
ordinance.
Specifically excluded from the annual fundIng calculations are any
increments in ad volorem taxes received by the PinelJas County Planning
Council, the Juvenile Welfare Board, the West Coast Regional Water
Supply Authority, the South West Florida Woter Management District, the
Pinellas Anclote River Basin Board, Emergency Medical Board,
Environmentally Endangered Lands, the Central Pinellas Transit Authority,
the Clearwater Downtown Development Board, and any other such boards,
councils or authorities os may be duly established during the duration of
the trust fund.
The Agency is directed to establish and set up the Fund C:ld to
develop and promulgate rules, regulations and criteria whereby the Fund
may be promptly and effectively administered, including the establishment
and maintenance of books and records and adoption of procedures whereby
the Agency may, expeditiously and without undue delay, utilize such funds
for their allocated statutory purpose.
The Agency is faced with full responsibility for the receipt, custody,
disbursement, accountability, management and proper application of 011
monies paid i"to the Fund.
Section 3. Duration of the Fund
The County and City sholl annually opproriate to the Fund the tax
increment due the Fund at the beginning of the County and City fiscal
year. However, the Fund shall receive the tox increment only os, if and
when such toxes are collected. The County and City's obligation to
annually appropriate to the Fund sholl commence immediately upon
effective date of this ordinance and continue until all loans, advances,
indebtedness and obligations incurred os a result of the community
redevelopment project have been paid or for five years from the effective
dote of this ordinance, if there hos not been at the end of that five year
period a pledge of the tax increment funding grante<:! by this ordinance
through a formal commitment to expend funds or the issuonce, sole or
delivery of an instrument of indebtedness such os bonds or tax anticipation
notes described in Section 163.385, Florida Statutes (1981). Beginning with
the twentieth year after the dote of sole of the initial bonding or
indebtedness, no new sale of bonds or indebtedness supported by the
County's or the City's tax increment may occur nor may existing
indebtedness SO supported be refunded without approval by the respective
governing bodie~.
Section 4. Projects
The assets of the Redevelopment Trust Fund sholl be applied,
allocated, expended and invested or reinvested in furtheronce of the
projects c"'lined in the community redevelopment project schedule
attOt:hed to this ordinance os composite Exhibit A consisting of poges I
through 17, which project schedule is incorporated in this ordinance by
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reference and as If it was fully set out herein. Such appllcotion of the
funds sholl also be consistent with the provisions of Chapter 163, Florida
Statutes, Part III, Community Redevelopment Act.
Section S.
AII.ordinances or parts of ordinances in conflict herewith ore to the extent
of such conflict hereby repealed.
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Section 6.
Should any port or provision of this ordinance be declared by 0 court of
competent jurisdiction to be invalid, the some sholl not affect the validity
of the ordinance os a whole, or any port thereof other thon the port
declared to be invalid.
Section 7.
Notice of the proposed enactment of th;s ordinance hos been properly
advertised in a newspaper of general circulation in accordance with Section
166.041, Florida Statutes.
Section 8.
The provisions of this ordinance snail take effect immediately upon its
passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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S/Charles F. leCher
.Mayor-Commissioner
Sllucllle Williams
City Clerk
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ORDINANCE NO. ZS76-81
AN ORDINANCE OF THE CITY OF CLEARWA TER, FLORIDA,
ADOPTING A COMMUNITY REDEV ELOPMEN~ PROJECT
AND REDEVELOPMENT PLAN AS REQUIRED BY SECTION
163.360, FLORIDA STATUTES, TO APPLY TO THE
CLEARWATER REDEVELOPMENT AREA IDENTIFIED IN
THE PLAN; ACCEPTING THE ATTACHED EXHIBIT;
PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING'FOR THE EFFECTIVE
DA TE OF THIS ORDINA..iCE.
WHEREAS, the City Cornmi~sion of the City of C1eal"water, Florida,
by adopting Resolution No. 81-68 has declared the downtown development
distl"ict to be a blighted area; and
WHEREAS, pursuant to Part ill of Chapter 163, Florida Statutes,
a community redevelopment plan has '-een prepared for the Clearwater
Downtown Redevelopment Area; and
WHEREAS, such plan has been reviewed by Pinellas County and
the local pla.'1ning agency, the Pinellas County Planning Council, and been
approved by both goverrunental agencies, specifically as to Pinellas County
by passage of a Resolution: and
WHEREAS, such plan conforms with the City of Clearwater
Compl"ehensive Plan prepared under the Local Goverrunent Comprehensive
PIa.nning Act of 1975; and
WHEREAS, the Community Redevelopment Agency has revie\ved.
the plan and recommends it to the City Commission: and
WHEREAS, the public hearing required by Section 163.360 (5),
Florida Statutes, was held on December 17, 1981, anc;i notice of such
meeting was published in the Clearwater Sun on December 9 , 1981;
N9W. THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER. FLORIDA:
Section 1. That th'i! City Commission hereby makes the following
spediic findings:
(a) That a feasible method exists for the location of any
iamilies that might be displaced from the community
redevelopment area without causing undue hardship to
such families.
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(b) That the community redevelopment plan conforms with
the Clearwater Comprehen3ive Plan prepared pursuant to
the Local Government Comprehensive Planning Act of
1975 and Pinell.u County land use plan.
(c) That the community redevelopment plan provide3 consideration
to the provision of park and recreation areas desirable for
neigh!:>orhood improvement and does take into ~onsideration
the health, safety and welfare of children residing in the
vicinity of the site covered by the plan.
(d) That the redevelopment plan affords maximum opportunity
consistent with the needs of Clearwater for rehabilitation
or rede,,'clopment by priv~te enterprise.
Section 2. That the following undertakings and activities by the
City of Clearwater and/or the Community Redevelopment Agency shall constitute
a Community R.edevelopment Project in furtherance of the Gommun~ty
Redevelopment Plan for the Downtown Redevelopment Area:
(a) Street and road design, redesign, I.n1provement and repair;
(b) Parking improvements;
(c) Utility relocation, enlargement and repair s;
(d) Park and recreation inlpro~ernents;
(e) Land acquisition and redesignation;
(f) Code enforcement for rehabilitation; and
(g) Design and amenity improvements.
Section 3. That the Redevelopment Plan required by Part III
of Chapter 163, Florida Statutes, and particularly Section 163.360,
Florida Statutes, as set forth in the attached Exhibit A, described as:
Composite E:d1ibit A ~ Document entitled "R.edevelopment
Plan for Downtown Clearwater", consisting of 116 pages,
is hereby adopted and approved to apply co the entire community redevelopment
or blighted ar~a identified by the plan.
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Section 4. r;otice of the proposed enacanent of this ordinance
haa been properly advertised in a newspaper of general circulation in
accordance with Section 166.041, Flprida Statutes.
Section S. This ordinance shall become effective inlmediately
upon its. passage.
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PASSED ON FIRST READING
December 10, 1981
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 17, 1981
I s I Charles F. LeChe r
Mayor - Commis !lioner
Attest:
Is/ Lucille Williams
City Clerk
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