CRA LEGISLATION / HISTORY
eRA
Legislation/History
.. - - - - .. .. ... ... -. -. -. - - I
'r
a~t;i .
OJ ~ ~ e-5:rg.; ~S'; f . . . . . . . ~~ :s;~~ ~
~ n {IJ
.~ n s'~ a ~ n ~i11 [an llJ 0.... OQ n -. .
,<' ~ ~ .. ~ 0. i
gQ ~~.~t; g ~ n c."O n ~
3" tt~ <i= =
~ <:n"'n 0. e-nflo ~ "'Q n .. ~m)o~~~~ o . ~. ["R c..
n~n{IJ ~ Na~- ..
-. C ~ I>> ,<::l<Si::l"'nn ]2. -.
n :s' n ~c:T - ~. ~. ~ 8 [6: ~
a~~3:8i 5.g"Q.i' "'Q ~:s
g-=:::r: ~ ~og.~- n n~ aon~ <
= ~. ~ S' i ~ ~~. ["2- ... ~ ~ '= 8 e: (') m a. a a -~-
[~g" c: ~n~.[~g~ "tl:::2 ~~~.;
= Co _'( = S!. "R -0 ~ - -0
onQ. n ... I>> 0. E. 0 0 "tl "tl ~ :2. ~
'''::In .n- ~~f ..
8. i. [~ -. g - ~ SO 0 ~. ~ g: n
n e. a . 5-"2- = 00.
< e. -. n ~ ::I -. 2 Q g. n ~! ::l ~ ~
n e. OQ n ~ e-Q "'Q "R e- en
s;r"S Q. ~ g. 0. ~ ~ g" I. ~ n _ e. ~ ~ :s a g. n::ln~
. ... Q
!~~~~ ~. ~ ~~ 9 0. ~~ t'D
2~ a ::l n 5<' =
~ _ _.lJQ {IJ ~ ;3~' n 0. e. . ~~. ~ ~ ~
a..g 0. $' ::l n ~ f~' c:>
o n 0 n ~'"R -< an ~. ~ ....
.P9a;- _. 0. .~ g. S ~ g"
en S' ~ po e.~ 0 -r:l ~
n -. ... ~ OQ~ ::l n ...
.a a e.n] - ~ 0 -
t; c -' ~ S' tt - -. .. n =~~O -.
S @l '8 ~ ~. n Q. n Q :s.g ::l'" =: 0. lJQ
n - =-
~ 0. "'Q n rnQ.n ~~ Z (D' ~ ~ ~ 2. ~ go
"'Q E. 0. ~ {IJ. {IJ {IJ n
n ~ - "'Q-~-
~ ... e? {IJ - Q.b~O n ::l 0Cl' 0 -::l"'nO .,
0..2 -. n ::l'" ~ - . - "'Q ~ a s ~ =-
~~ ::l'" 0. ~
Q. n' 0 n ~oai' g- g
~. a-.P s..- en 9 e-~ ~
-. ... - n ~... ... n ::l c..
o _ S' e- ~ ~ ::l'" S. - ~ n n n
::l::l'" -. o ~ ... fl t; 8 0 ~ '< Q::l 0. a
e:.~-{lJ""" - -.....:1 a: &. R Q . - n
- ::l"'''8 0 -~. n ~I ~~~~
- n 3 ~~O::l {IJ -=
8 ~.... =: -
n ~ a. n . a-.. -c:nO ~
-n.Q ~ S n"'8~"'Q
Q. :: 0. e. )0 ~. ~ e:. ~
"'Q ~ ~ ~ :s ~ :3 ~
~ 9 ~ _.0 < Q. {IJ "'Q
- n "'Q {IJ::l n n ... 9"0 ~ 0. n
~ _ n_ ::l ::l 8 0 n"O _~Q.::l
g:asoa C e. "R ::l ... ::l"'Q. -
- -0 - ~O~"tl
lJQCi]e.- $' e.E.~ "Eo ~. ::l'" .... -0 .........
C _::l'" "'QQ. ~. e- g. ~ ~
2 ::l'" non ~g"~ ~ ~ ~
.O::l~~ n::lg"n
fijC- "'Q- Q s.. 3-~
{IJ - !il8~ ..,tt "R
~ -. ~ ::l'" ~ 0'< ~ ~-
o~nnn _9 "8- ::l ~.~ ~.
E.8~::l"'~ ~ n 0.
0. _.0 N9~ ~ g >C.
O"::2{IJ~o "'Q
~ 2. ~ {IJ ~ ~ t;~~;'
n 0. -. -. -Q "'Q 2. a: n
~':3 ::2 ::l'" Q. -. n n n 0.
"0 -. "8 lJQ _. ~S~ g {IJ ... ~ ~ R ~
no lJQ n
~ ~ -. :r '0 ~
='~ g ~~ ~ I 0 OQ- 0. - a e.
:re:[ ~ ~ n _0 0
g:~ {IJ O"'Q - .
n=-n~ :ge: e- 90"'Q
e:g"S~~ e _a
... 0. 9 i.: n .n ::rn
::l n ~. n n 1 :::. a n 0.
- n e- ~ (D' ~~n OQ
a "tl 0 Ef
~8nsY' n -'9 ~~ ~j~"'Q
~~n :s
a~~g"S" :s...e: nO a.
0 -n -< ~. e. '< ;;. i ~
0 ~ i:c~ e-6:S
~ ~a ~ 1~ s..
0 ~ 2. "'Q . nnQ. . n
. s~ ... :s n 0_ _. ~ ~ t;
~ n --3~'!."R fl :::.~ ~~ a- stnnQ.
~OO"n~ a: e. -. n 0. ~
~ ~ e'=Q. n~~ fl~ ~ :s 0 ~ n
~ o ::t ~ ~ -' :s .... n - -
:::. 5- n : ~ ~ OQ~no
S.::l'" 0 ~ -"'Q
~ Q.n _0 e. ~. ~. ,<.g 9
O"~ n'" C . ~9g. S.fl f < ~ 9 n
Q.n;'~
~i' :sn =:;.; n C :s !l- n n::l
Cll~ ~~e:aa ~ c:: c. -<0. a' -.a-
::?i ~ ~~ {IJ ~ "'Q ~. ~ g
S.{IJ -
"b~ a~-~~ C .~. ~ a~ne-
Qj 'lJQ ::I. ~ ~ - -- ca:S
~ ~ fijnll~S!. :r '< ::r n a . ... ~ n
-
o
o
~
0-
~
:D
~
~
o~
"0 a-
i~
~i=
~a-
:::J Q
-
-
-
-
tx:J
:D
~~
. . . . . . . .
5'
~
~~~e-Q~==~
~~QQO.go!!.
~ g ~ ~ 5' W s. g
~ tit "Q ~ OQ ~ OQ C'.
~ g.~ ~ Q ~ Q g
2" sa. ~ _ ~ a ~ ~
3 e:::s ~ ::s-
S~fit~ o~....
- - C:c.~
(j "Q 5' ~ S'
o ~ OQ::J~
~ :3 "Q 5: o'
_ ~ ~~::s
t:l:l ::S:3 ::s c:r
~ fit ~ [-<
-. ::s e-
~ fit==~
CIl 0 "tl
~ S'-
~ OQ ~
Q 5.
CIlOQ
fit 0
~
"Q
~
~
::s
-
-
~
I\)
-
g~
~I'
~.
~
~
....
n
[
e.
o
::s
"Q
j
~
~
e-
~
....
S'
....
(;
CIl
0:
~
::s
-
et
o
....
::s
o
::s
,
....
~
CIl
0:
~
::s
-
et
....
~
0"
S
-
o'
~
~
8
~
0:
~
....
~
~
....
Q
~
~
~
[
o.
::s
-
e-Er~e-
~~~Er
::!2Q::S~
ic:~n
::s-<
.~ (j g
OQ ~~-
~n_e-
cr- I>>
i ~.~i
80(;2
n::S~~
;a ~ ~. e.
:; n 0
c.~~
~ 5= ~
~n~
. ........
n n
>::s~
~ ~ ~.
-~
(; c.
g ~~
_ ::s
o~
P~
8 !!. c:
32-
"'Q~O
n e.
~ g 3
- ~ "'Q
g: g 8
M
~.
~. -
CIl ::r
- 0 n
~ -....
(") ::r ~
n~c.
.... ~
"'Q (") <
.... 0 ~
03-
~"'Q.g
3 n 3
~~!
~-< -
~j~
~~Q
g~a
_ ::s a
~ fit E;
e- e.
So~~
na~
~nn
n c.
_n
o ~
-....-
~Q.g
o ~ 3
~~~
::rc.Ea
-
-
-
;'
~
CD
-
..
Q
::I
~
==
~
o ~ ~ ~~ ;
"Q~c.~~n
g.~~~a:~
~.... ~n =:n
(")n ......~~
c:r sa. . CIl
= C. ~. 0 0
=-=n'< n ~~
e:;;ctc.e:So
::s CIl a n OQ ~
~ g-::H sa. ~ ....
~:::(")~""2..
,....; n O. n :! n
-.... .... ,....,.. <
(") I>> a S' sa. !!.
~8~afi".g
o ~ g. ~ a. 3
I>> oP =e.S
~ =. c. -
3 3 ;::2.::s ~ "'Q
o 0 ="'Q ~ -
@ @ =.a ~.~
::s <: _.
~1>>"'Qnno
< ::s.... fil::S
g C. ~ Er 5. ....
c:rc:rnn ~
cr ('ll . .c - -.
- =::rc.
~o"!:.l>>n~
=....c::;.:::::sa
S. ~ is ~ 0
....-.. :11>>
o 0 _. 0 !:r c.
3 "'Q ::s ~ n .....
n ]. ~ ~ ~ R
::s (JQ ~ ::s
1'"'"' tIlC"'Q-
; 2.. ~. ~ 0
n (; 5'0 So
CIl-(JQ~n
:; ~. c. _ ....
n .:- ~< ::s- ~
~CIl~~c.
!j;~-tlt~
s~oc~
"'Q ::. "'Q c.-
~~~,<.g
a~Ea~~
~~~1"a
~ ~;.~~
"'Q ~ 3 ~ I>>
~ ~ ~ ~.~.
"'" ~ ~ e. ==
~ S. v. d6 ~
n __
~ ~~~-g
g..... ~ c.~.
I>>nn~=r
::s ~ I>> n
~ <.... .
a!!.2..~m
g.g~n~
fit ~ S- (; "Q
~a"ias.
c. ~ "Q e.....
3. ~ g.~. Er
"Q I>> ~ (JQ ~
.... ~ (")
~ == [ ~~
3 ~g:~~.
S 0 -.a -
fit a. ~ ~ 2..
-
- -
- -
~ 5' !j;' 0 tit c: ~ ::r ~ ..
~. e: 8 ~ ~ :I - ~ it
~ S: ~ c: 5 ~ ~ 5' 3'
c. c: fj;' "8 (") 0 g. lJ'Q "'Q
n e-::s~ Q.~ g!....
~'.B a g. ~ i i ~ ~
g. ~. ~. e. "'Q g '< ~ ~
cr ~. ::s- E e: e. c:r ~. a
-. ~ Co (") 0 ('ll e- CIl
a~g~o~~~_~
::s ,....,n_!no
~ ~fi"~ ~ ~-g
~ a 2.. ~ ~. g ~ ~
Eo;- ~ 6" ~~.. = 0.
g. 0"] S' ~ Er 0 ~
~"'Qne- nso.
~~an~Q~~
o a ~ ~.g a !:i 8
E. Oo.oa-=
C.::!21~0.E;8......
So p !!. (; e..... ~
n 0 _~ n n
I>> CIl "'Q g 0" 5'
~.B ~ 3 _ ~ S _
c: "'Q n _. c. e. ::r
-.... ::s 0 _ 0 ~
CIl _. - ::s < 0
g" a: ~ ~"'Q n !" (;
8o-~o- c.
::s n g :::.g _ ~
3~~_~3=~
~o<::r_ns:lO"
5' E. !!. e ~ a lil "'Q
e. o.~ 5" ~ ~ ~ ~
~g-ri1Ci~n~a
0..... ~ c:r _.::s ::r "'Q
.. ~o~g~~~
~ -g E.::s ~- n ?
~ ~ c. - ~ (j~ ~ 5.
::s- _. ~ ~ "'" < (")
~c:roOQ ~-
::J::: n ---=
.:;.' "'Q =- - ~ ~ 0.
o ~ ('ll ,~ 0 ;::2 ~ _.
2.0~0.~=3d6
'<......~S'e-~S~
-_o""~O-::s
o ::r.c I>> .... '<
n n = .B ~ "'""'0 .
~ o.~: 5. 2.. ~..g ~
n ~< -. CIl ~ =- 0 -
C. o~.<-rlJ-
_. ~ ::J -. ~ C. ~ -
.,. -- Q -- ~ ..,
n 0 ~ ::s 0 ~ CIl 0
- "'Q "'Q < ~
::s- ~ ~ 3 ~ ~ 5.
~. ...._no~QQ
.a O;.5a] 8 ~
Ii.~ !T ~ ~ - a. ".
~: ~: j~ _ ~ 0,. i ~
~ 5 ;. ~ :~. 2:
c.g I>>Y Er_
....~=;= 0
!!. e- e. ; Er Er =.
2 0 n O.~ ~ ~ ::s
~ ~ "'Q.... =. "'0 "'Q
=t. C. "Q a ~ ::s - a
g B~ 2.. ~]. ~ ~
5' E. CIl So ~ 0 ~ So
~re~o~o.~
-
-
-
-
-
-
-
-
-
-
-
-
-
-
.
.
to ETfta;3 l!I!.l o.(jo.= ~ C 5. ~ 8 0 ;3 ~ -o.-~Q; ~
::0 3. n ~ n Q n Q .....
-~ ~ 0 g n ~ ~~ ~ g. ET 8 ~ ~ n n a - . - n 8"
.. ~ 50 ::-fit::-
_CO"'O a - ~ n' n ~
= n = ~ "'"
5" ::- ~ e:s. ~. o I 0 ::s OQ o.~ .n -
::I "'0 0 "'0 n ~ ~ . = 0. ~o.~o~o.
~ ~-f;- .. ('""j l!I!.l
a n n a "'" - an5!J=en~ R = ::-.....o.~
""'<nl!. .. .. a
$E ~ w ~ ~ o ~ =.. ~ ~~g~~5- ~ o.~~~~5-
::I
~ n S, n - "'" Q - n ~ = -
~ ET] ~ ~. "'"' a>fit8a] - a -< ~ $ .g] r
0._ 8 0 - ~
~ -
"'" = ,0 n""'o._ gg;~as-n .. "'O~o-ag
~sfi~ (j "'0 "'" S' ~ ::I
= a - _. 0. - ~ = ::I -
~ ~~~i 8- 2-- ~aa8g-
5'g 0 a - a -. c:r c. -"'0
.. ~ g 0 $l ~. "2-
.~. 0 4 = ~ 9- ~ ~. ~ ~
s- OQ 0. "'" ~ ~ ::I .~a g.::~
..
n n_ e-:.g _ 4 @-~=Qa~ c~o.fit~8
enY' 0 n 0. _. ~
2"S"~n "'0 a 2 ~ . ~o="'O ~ 0. e. '::c c
~ - 0 ~ <s,s-8Cii .... 0 ~ --
-n~ ~ e. 0 - 0 0.
n o.~. g"o ~ ;~&,nCi8"
.. o.g~~~5
-
n::::tl 0 - "'" .. nl!.on]"'"
n_n - =I!.~o.<<
~.~ ~ 3 .. ~ C ~ "'"
~~ _. ~ n = - n n~_nnn
n ~ ~ ~Q::--o.a $E n ::- Ci .."'" ~
::-nnn ~
o 0. "'" 0 ~ ~ $l::l~g~o o::-n_-
c _ n "'0 0. ::I o' ::r ~ 0. S. S. o 0::-
-~::-I!. ~ - n Q. o 0 ~ n-'
~..c a~aa~~ o -"'0] a
- -.,< ~ I 2" "'0 0. ~ "'0
g"~ ~ 8 o R c ~s. o.~en ~ "'" 0- ~
n.. ~ 3. ~ 0 0 ~ ~ $l
"'" e 9 0 OQ -'0 6"::-;0~::::tl _. 0. ts. 2-
~ g' ~ ~ g. &.- n f;-~a2aQ
~ =-~n~~V1
e ~ 0 ~ o.n"'O o' ;g = ~ ~ .n 0
~~[ S' e. 0 0. .. ~
n - a ~a~~~- I!. ~. -< ~. ~ g.
- 2 n
"'0 0. _ - ::-~n o.~2:i._ ~ o.c:~~~8
an::-::- n _ - ~ en s- ~. ~o-V1c~-
0."",-
n ~ ~ n nn::- oi nnO n n ~ 2 n n
= _. - "'" ~ c n (i"n~8~en 0' "'" C fit' _. ~
_~ "'0 n
"'0 . g. f;- n "'0 0 ~g~5.n~ "'Ono. =0
a R n -'"8 =
- -OQ - < n ~ n n ~ n _.0 = a
~ ~ c n o ~ n o~l!.~o.-=- g<fit--
~-- .....0.0. n ::- n n
c." . n 0 ... n CIl ::leOo.n ~o.-nO::l
e - "'0 ~ CIl 0 OQ '::l <::r ::- --
. ::r 3 ~oOQ~~o ::r ~ ... -.
o n n ""00..... -en_ 03 o-nl!.o.
5!?~a o ... -. - ::r -'""0 3 8 g. 6" ~
a ... ~ ~ ~ ~ aY' -
~ n ~ _.n 0. ::- c - -
o-'2..n n n >""0 n :r-nCQ
a ~ n ::.:~< 3-CIl<~en n 0. 0 ~._
~ () ~ -'R n o ~ - n - ~~..~~g"
o _. ~ - "'o.~o~~
"'" ~ CIl 0 n ncOo ::l ~c""O
8"3""0
-~- ... g 3 ""0 - fit n OQ ~.~ 2.0
0_::- 2.g"~~~S' -'::l 0. - -
~:i'n _. _ n ""0 n CIl n
&. ~.",a ~ ... ~ -.0
OQ ~ ~en=>~a _~"",CIl_
::;~a ~=I!. -no- n n_n"'a
~] ~ ::!.8n~~CIl o.ncn
20-- ~ 0 CIl n ....:~ -. 0. ~ ;- 8"
n ::r Q.Q~-- ~::r . C'. "'"
n Q. 0 n "'" 0 ... Q Ci::r
-~g: c n c ~5!?~og-3 n 3 n _ _.
~-- ... ..c ~ ~ -< '< OQ
.~. ~ -'"", 0
n c S. n n :r B ~ n:r-CIlg"
g~;3 _.
....., ~ ~ao.nao. S.n 0 a "'"
an::r
""0 0. n ~ ~""O e.. 8 ~g~~f;-
0 ~ := n ~~~
0 ~.~ 0. ~ a ~~. ~ ::r!.-~a
~ 8 ::1. a.
~.o a n 0 ~ 8 0. ETOQ 0. n 0. o-"t:l .
0- -g~~ ~ ~ - - _. C "'" n
~ o ~ 2 ~~n~~a ~ e. 0 I CIl
"R n S. n 0. C 0. g CIl . S'
::0 ==0- ~~ ~ _n~ ... ~I!.g. S-
~ c-c:.: 0. i ~ ~ e
g ~ n =. ~ nno~::;n o~oon
o -
~ fit 0. n S- ~_. ~ 0. ..... ....: ~ _. ~ . -'< =
O"~ - ~2. n CIl ~. _ ~;: a 3:~;:~
"OCi)' o a fit ""O"'O~ ~O,<nn~ _::-nog"
3~ ~ ~~. ~ n ~ c:r a. ~
~ ~~~ . 0 n ~gn~~
-~ ooqtl n~5:3E.3 n_[n-
~~. 0- ..... ..... CIlo.o.
"00 :r~~ ~~n_~n o.o"",E~
i:b . =::r-O Con 0 n
::J ~ ~ OQ g n,< o fit n S; tii n_::lOQ~
--
.-
.-
.-
:.-
..
~
..
-
-
-
-
-
-
..
l
OJ SQ;'- "'=
:0 ::s n c:r 3 ~
.~ 0. e :3. "2- ~
;=;: 5' (') n ..
5" f")
o' OQ 0 3 !.
~ i;l -. n
"0 _ ::s 1:0
= ::r- =
~. g: n ~. Q.
=;. ~ 0 ~
n ::s
g.o.no
o ~v-. ..
~ = ~ ... 1:0
-
~ ~ fi. ~ 10
=
...'O~~ 1:0
::rog-n =:
~ ~..., ~ ~
~g::r::c =:>
...
_.,< 0 ~ -
~~8.o- ::r
a Y' 0 n
_. .., ~
e. 5' C/) 0
~ Q = 0 ~
S n ~ ~ ~
c:r3n -
-'n ~... =:>
- ~o
~. a E: ~ "Cl
a
o 0..., :;lO n
-'On =
... =o.n -
::r ~. n Q. i
n < n
::s-n<
-n
n_o-
_. ::r "0 0 'l-
OQ ~ 3 "0
g~g~ ..
~
- .., -::s go
::r ...
~ g c:r~. "t'l
"'" a.
p..n=~ g
="0
~ ., ~ Q.
no.
0. S. =
O'~g-
.., ...... <
::ron
o c:r ~
~ 0
-'''0 0
::s "0 <
OQ 0 ~
3Ze.
5' 2.';-
... =.0
n n ~.
::s ~ ...
~ ~ ~.
~ Q. 3'
"0 5' "0
0 .., Q ~
0 ~n~
~ ~ ~ ~
0
~ . "0 ::r
a n
:0 - "0 "0
~ 3ni
~ ~_.
dS ~ eL
o-~ n <
"O(j) o.E-~
i'<" :rno.
~~ o ~
= ... ~
"a- f!!. ::r 8
Q) = = .
:3 ~ OQ.Yle.
~
Based upon two altemativeemployment growth scenarios. countywide demands for new office space could
reach 3.7 million to 5.6 million square feet during the 1995-2005 decade. During the past 2-3 years, the
GatewayMid-Pinellas area has captured roughly 50% of the total office absorption within Pinellas County.
A continuation of this rate is not an unreasonable assumption because of the established development
momentum in the area. Therefore, it is estimated that the Gateway/Mid-Pinellas area could capture 1.8-2.8
million square feet of the projected office demand during the 1995-2005 period.
The Gateway/Mid-Pinellas area includes Largo, Pinellas Park, and those areas extending eastward to
Tampa Bay. Although Largo has several scattered multi-tenant office buildings, the primary office
concentrations in central Pinellas County are situated in the vicinity of Ulmerton Road, 1-275. and Gandy
Boulevard. This is commonly known as the Gateway Area. A well developed road system, and available
vacant land specifically, will help the Gateway Area to capture the bulk of traditional office development
in central Pinellas County during the coming decade.
4. Residential DeveloDment Potentials
Associated with its proximity to growing employment centers, the Greater Largo Area can expect future
residential growth. Existing housing in the Greater Largo Area is available at prices affordable by most
income groups in the county. However, a large proportion of the housing stock was built for retirees, and
more than 40 percent of the units are occupied by households that are greater than 65 years old. One-
and two-person households, closely associated with demands for retirement housing, comprise 77 percent
of the nearly 45,000 households in the Greater Largo Area.
In addition, the age composition of the area and its proximity to extensive health care facilities can be a
strong factor in creating demands for housing to meet the needs of the elderly.
a. Significance of Retirement Housing Market
Housing specifically designed for retirees will find a compatible setting in the Greater Largo Area.
Although a large percentage of the local over-65 households live in regular "market" homes,
condominiums and rental apartments, the area also contains 29 adult congregate living facilities
(ACLFs) with a capacity of 1,106 persons. The combined Largo-Clearwater-Seminole area has 114
ACLFs that can accommodate 3,699 persons, or 40.5% of the countywide capacity.
b. Future Retirement Housing Demands
It should be emphasized that localized absorption rates for retirement housing can be materially
influenced by competition of large areas. Retirees are mobile when looking for housing and are
frequently attracted to projects that meet their lifestyle and affordability needs regardless of location;
but existing concentrations of elderly residents tend to attract other retirees because of the availability
of social and physical support systems, as well as housing that meets their needs. All major
indicators of retirement honsing demands in the Greater Largo Area point toward significant capture
potentials in the future
c. Projected Housing Demands
These are projections of overall housing demands, but it is expected that elderly households will
absorb a substantial proportion of these new units. Housing demand projections made recently for
the Housing Authority of Pine lias County point toward a total increase of approximately 9.500
housing units in central Pinellas County (almost 1,900 units per year) during the five years until the
3.9
LA~~'5
West Bay Drive Redevelopment Plan
I
I
Year 2000. This amounts to 44% of the countywide projection. The Greater Largo Area alone is
expected to capture 350-400 units per year. This amounts to almost 20% of the total for central
Pinellas County.
I
A number of demographic and economic conditions support the findings presented here. Some of the
most salient of them are discussed in Development Strategy for City Owned Property. They should be
carefully considered as important contributory information that helps place specific market findings and
recommendations within the overall context of factors that shape them.
I
I
F. GENERAL FACTORS THAT AFFECT MARKET CONDITIONS
I
1. Accessibilitv
Largo is highly accessible from and to markets that are already established, stable, and moderately affluent.
This means in-place buying power that can be captured today instead of waiting for future growth.
I
2. Ma ior Routes
I
The Greater Largo Area in general and the subject property in particular, is well-served by an established
network of major thoroughfares and local streets. Largo sits astride a key route (East Bay I West Bay
Drive) to some of the most important beach recreation areas in the metropolitan area This route also
provides a good linkage with the east side of Tampa Bay. While East Bay I West Bay Drive has been
used primarily as a means for going through Largo in the past. it provides an effective means of giving
this "Central Area" area a significant amount of ex.posure to travellers from a larger urban area.
I
I
I
3. Lon2-term Growth
I
Largo has experienced a stable long-term growth pattern and is projected to continue this trend through
the end of the 1990's, with minimal impacts from extreme cyclical fluctuations. Recent (1995) Pinellas
County Planning Department projections suggest that the population of the Greater Largo Area could grow
at an annual rate of 0.66% or slightly more than 600 people per year through 2000. Through 2005.
Pinellas County Planning Department projections indicate a 0.40% average annual growth rate for the
Greater largo Area during the first five years after the century's turn. By comparison. this agency projects
a somewhat higher average annual growth rate of 0.66% for Pinellas County overall through 2010. If
these projections are realized, Largo should continue to experience solid and steady, if not dramatic market
growth.
I
I
I
4. Proximitv to Emulovment Centers
I
Largo is in close proximity to two of Pinellas County's most important employment centers - the Gateway
area to the southeast and Clearwater to the north. The Gateway area, situated east of US Highway 19
roughly between Gandy Boulevard and Roosevelt Boulevard. is being developed as a center of large
business parks that will meet many of the demands for general suburban office and light industrial
facilities in the future. Clearwater already functions as the primary business center of central and northern
Pine lias County. The concentration of new jobs in these nearby areas will create conditions that should
further strengthen the market conditions in the Greater Largo Area In addition. the Greater Largo Area
is a significant center for medical and related services in its own right.
I
I
West Bay Drive Redevelopment Plan
I
3.10
Within this general sector, the highest growth of revenues occurred in home health care services
(19.2%), kidney dialysis centers (18%), specialty outpatient facilities (17.4%), and nursing and
personal care facilities (15.7%). Further, hospitals experienced a revenue increase of 10.8%, and the
offices and clinics of doctors grew by 7.2%.
The 1990-1993 employment trends of health care professionals shows equally strong growth.
Overall, health care employment increased by approximately 4% annually, with those working in
offices and clinics of medical doctors increasing at 4.5-5.0% each year. Nursing and personal care
facilities grew at about a 4.5% rate, while hospitals increased their employment at about 2% yearly.
It should be remembered, however, that hospitals employ more than half of the health care workers
in America. Finally, provision of home health care services has exploded since 1990, averaging an
employment growth rate of almost 18% yearly. In 1990, home health care services incorporated only
3.2% of all health care workers, and this share had expanded to 4.6% by 1993.
. Mid-PinellaslGateway demands for office space at a quarter-million square feet annually is a large
amount. regardless of the types of users. Further, the concentration of population in older age groups
that consume most medical services indicates that a significant share of this new office space will
be used by health care professionals. The Largo area can be expected to command a strong
competitive position for new medical office space to serve future health care services associated with
the hospitals.
3. Potential Caoture
The potential capture is high because of location, accessibility to and from nearby hospitals, surrounding
neighborhood environment. and the physical characteristics of the City Hall complex. An annual capture
rate in excess of the 25,000 square feet discussed for general office development is not an unreasonable
expectation with a strong marketing program that targets the specific needs of physicians and other health
care practitioners. The total absorption of office space in the Mid-PineUaslGateway area was 207,800
square feet during 1994-95.
J. RETIREMENT HOUSING MARKET
i. Analvsis of Comoetitive Settio2
The competitive setting market area for retirement housing is materially different from that for residential
development oriented toward younger households. Retirees are not limited by the important constraint
of commuting times to work and can locate any affordable place that pleases them. Although a large
percentage of the households in the Greater Largo Area that contain persons over 65 years old are
residents of regular "market" homes, condominiums, and rental apartments, the area does contain 29
congregate living facilities (ACLF) with a capacity of 1,106 persons. The combined Largo-Clearwater-
Seminole area has '114 ACLFs that can accommodate a total of 3,600 persons. These 114 facilities
amount to 40.5% of the countywide capacity, indicating a strong market for housing that meets the needs
of elderly households.
The small number of ACLFs with either Extended Congregate Care (ECC) or Limited Nursing Services
(LNS) is particularly interesting. The total ECC capacity in Pinellas County as a whole is only 192
persons. with only 32 of them being located in the Greater Largo Area. However, a combination of this
total. with that located in the Clearwater area. amounts to 78% of the county total. Increasing life
expectancies and greater numbers of widows living past seventy years old will increase the need for both
ECCs and LNSs during the next decade.
West Bay Drive Redevelopment Plan
3.18
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-
II
II
II
The most outstanding example of retirement housing with some congregate attributes (including some
meals. weekly housecleaning, linen and towel service. schedule transportation, and assisting living
services) is the Palms of Largo. This residential project draws people from outside of the Greater Largo
Area to take advantage of its quality living environment.
,I
2. Proiected AbsorDtion of Retirement Housin!!
,I
I
Area-specific absorption rates for retirement housing can be affected by numerous factors. The availability
of supply is particularly important because the special needs of older households will stimulate them to
relocate to projects that can serve them. Further. retirees who move to Pine lias County from elsewhere
lack strong commitments to particular neighborhoods and can be attracted to various locations that fulfill
their lifestyle desires and affordability needs.
I
Projections of countywide housing demands call for construction of 21,650 units during the 1995-1999
period and 14,450 units in the 2000-2004 time frame. In comparison, an area representative of "Central
Pine lias County" was examined by assembling sectors delineated by the County Planning Department.
This ar~a is projected to capture 9,480 (44%) of the countywide total. Annually, this amounts to an
average absorption of approximately 1,900 units. The rate of housing development is expected to decline
after the Year 2000, to a total of 14,450 units by 2005. The central area of the county is projected to
absorb the same share of the county total, but it w{ll be only 1,200-1,250 units per year.
I
I
I
3. Potential CaDture
I
The size and location of the City Hall complex is highly suited for multifamily development. It has a
strong potential for establishing a major position in the retirement housing market of Pinellas County.
Although it cannot compete effectively with waterfront locations, it should be emphasized that the success
of Largo Palms is a track record that paves the way for further high-quality retirement housing in the area
II
K. MARKET ANALYSIS CONCLUSIONS FOR CITY OWNED PROPERTY
~
Certain factors have key impacts on the overall strength of a market area. Most are "economic" and can
be measured as components of supply and demand Others are classed as "non-economic" because they
cannot be assessed in terms of hard dollar values, but they are nonetheless important as indicators of the
vitality of the marketplace. The following conclusions include some of each, and recommendations
include appropriate consideration of their importance. The key fmdings of this research and analysis are
summarized in the following paragraphs. .
I
I
1. Primary Conclusions:
I
The Largo City Hall property offers an unusual development opportunity for both offices and residential
development. Sites of comparable size and locational attributes are rare in central Pinellas County, and
a high level of interest by real estate developers would not be an unreasonable expectation if the subject
property was placed on the market within the near future.
I
I
West Bay Drive Redevelopment P1an
3.19
II
I
I
I
I
I
I
I
I
I
I
'I
I
,j
I
I
I
I
II
CHAPTER 10
WEST BAY DRIVE REDEVELOPMENT AREA
NEIGHBORHOOD ELEMENT
Neighborhoods represent the smallest unit of community organization. The neighborhood is where people
live, play, and socialize together. In addition, neighborhoods are supportive of non-residential
development and therefore are considered an essential ingredient to any successful redevelopment effort.
Each individual neighborhood within the redevelopment area provides a rich and diverse neighborhood
character that must be preserved. Consequently, housing conservation, public infrastructure improvements,
and concentrated code enforcement becomes the keystone upon which a successful Neighborhood
Preservation Strategy is based.
Historical Downtown
Essentially, two neighborhoods are located within the West Bay Drive Redevelopment Area. The first
is the .historical downtown. The historical downtown comprises all residential areas bounded by the
railroad tracks to the east; Eighth Avenue to the south; the Pinellas Trail to the west; and Ponce de Leon
to the north.
Much of the housing stock is vernacular or bungalow style and was built in the 1930's. Several of the
units date back to the original Largo settlement. The 1986 Historic Survey revealed 171 sites had some
historical value, many of which were located in the downtown. Currendy, the average value of a housing
unit in this area is approximately $46,600. The internal street system is mostly brick, which adds charm
and lowers the speed of traffic moving throughout the neighborhood. Several neighborhood parks and
community centers are located in this area. They include Woodrow Park, the Community Center, and
Club Center. In addition, the Pinell&'!l County School Board building and Fire Station 41 is located in the
neighborhood. Finally, the old downtown area has historically been the center of town activity. The
redevelopment of City Hall property will fill the vacuum left by the departing City Hall and will
undoubtedly lend new form to this neighborhood.
Howard Drive Nei~hborhood
The second identifiable neighborhood is located to the west of Clearwater-Largo Road; it runs north of
West Bay Drive to 4th Avenue NW. This residential area is not &'!l old &'!l the historical downtown. It is
nestled in between Clearwater-Largo Road, a main north-south thoroughfare, and the Pinell&'!l Trail to the
west, which is a highly utilized and successful recreational trail in Pinellas County.
The Howard Drive neighborhood is made up of three subdivisions, all of which have a land use
designation of Residential Low. These subdivisions are Largo Central, Ridge Crest Subdivision, and
Ridgecrest Subdivision - 1st. Addition. These residential uses are for the most part single-family homes.
Along intersecting thoroughfares in the area (West Bay Drive and Clearwater-Largo) are a number of
commercial establishments which serve residents of the immediate area &'!l well &'!l those simply passing
through Largo.
Homes in this neighborhood are valued at approximately $46,700 which are in line with homes located
in the historical downtown neighborhood. Residents have ready access to the Pinellas Trail which runs
in a north/south direction and connects either side of Pinellas County. Both neighborhoods serve to
provide affordable housing to households with limited income.
.[
West Bay Drive Redevelopment Plan
Neiehborhood Effects of WBn RedeveloDment Plan
The West Bay Drive Redevelopment plan is minimalist in scope. Its seeks to facilitate redevelopment
through coordination of several public works projects (widening of West Bay Drive, construction of a
downtown stormwater retention facility, and street improvements to First Avenue NWand First Avenue
SW), identifies eleven strategic nonresidential sites having high individual redevelopment potential as well
as spin off potential. Each of these three major activities have their fOlmdation in four development
strategies applicable to the downtown. The fifth strategy is residentially based and designed to preserve
and protect the Downtown and Howard neighborhoods.
Relocation
Any direct residential displ as a result of the West Bay Drive
Redevelopment Plan shall c ply with County Ordinance 93-50. Dire or indirect displacement funded
by federal resources shall co .th the Unifonn Relocation (URA). The plan ensures, to the
maximum extent possible, that no non-rest en cents into residential areas will occur. The
Downtown Stonnwater District has been ongoing and has caused the preparation of this Redevelopment
Plan; therefore, it is not considered subject to the relocation requirements contained in County Ordinance
93-50. Of the eleven sites having redevelopment potential, several are located in close proximity to
primarily residential areas; however, none of them. will have the effect of displacing residential property
owners. One residential property will be affected by the extension of 1st Avenue NW and will comply
with URA.
Traffic Circulation
Redevelopment occurring in any part of Largo is subject to constraints imposed by the City's Concurrency
Management System. All public facilities must. be available prior to pennitting redevelopment of a
particular site. This includes potable water, sewer, solid waste, and transportation facilities.
Implications of redevelopment for transportation facilities surroWlding the subject site will be analyzed
to ensure that existing capacity of roads will not be negatively effected. In addition, traffic circulation
patterns will be oriented in such a way that the internal continuity of neighborhoods is not disturbed.
Environmental Oualitv
The residential neighborhoods immediately contiguous to the downtown are seen as providing a solid
foundation for the entire area. The physical, social, and economic environment will not be pennitted to
deteriorate as a result of redevelopment In fact, the reason for redevelopment in this area is to
qualitatively improve the physical, social, and environmental living and working conditions in the West
Bay Drive corridor. The West Bay Drive Redevelopment Plan will not eliminate the substantive review
necessary for the siting of new projects in the downtown. This includes provisions to mitigate negative
environmental consequences of a redevelopment project
Community Facilities and Services
As mentioned, there are several community facilities located within the downtown. These include the
Community Center and Club Center located immediately north of West Bay Drive along 1st Avenue NW.
West Bay Drive Redevelopment F1an
10.2
II
II
II
II
I
II
I
II
II
I
I
I
,
I
I
I
I
I
I
I .
II
, I
Each facility is open to the public and provides a number of recreational activities designed for every age
group. Both of these recreational centers are located within walking distance of downtown neighborhoods.
Neither will be negatively impacted by downtown redevelopment activities.
Although the City Hall complex will be relocating to another area of Largo, all services will continue to
be offered by various City departments. The only difference will be that in order to receive public
services, those interested will have to travel easterly approximately 1-2 miles in order to receive them at
the new location.
I
Two other recently redeveloped features of the downtown which are currently drawing individuals and
families from throughout Pinellas County are Largo Central Park and the Largo Cultural Center. Both
facilities are located at the intersection of Missouri Avenue/Seminole Boulevard and East Bay Drive, and
within walking distance of the historical downtown neighborhood. Planned public improvements.
particularly the widening of West Bay Drive and other street improvements, will improve pedestrian access
to these facilities easier.
School PODulation
There are no schools located within redevelopment boundary; however, a high school, two elementary
schools, and a middle school are located on the periphery of the redevelopment area The Pinellas County
School Board also maintains an administrative building which lies in the midst of the downtown. The
West Bay Drive Redevelopment Plan will have no detrimental effect on the actual school population of
the area, but should enhance pedestrian travel to and from these schools.
I
NeilZhborhood Preservation
Neighborhoods provide character and definition to the downtown, and therefore are supportive of
non-residential developmenL The plan seeks to preserve neighborhoods through housing conservation,
home ownership promotion, public improvements, and concentrated code enforcemenL These residential
areas are seen as strengths to the downtown, and any redevelopment which occurs will be designed to
enhance, rather than detract. from the existing neighborhood structure. Table 8-1 depicts the goals of this
Neighborhood Preservation Strategy and the programs by which these goals are to be achieved.
Table 10.1
Neighborhood Preservation Strategy
I
Goal
Eliminate substandard housing conditions
Program
Oemolitiorv'Replacement
Code Enforcement Board
Funding Source
COBG
I
General Fund
I
Owner Occupied Rehabilitation SHIP
Sold on Largo HOME
Urban Homesteading COBG
Ensure availability of adequate rental housing Rental Rehabilitation COBG
Improve the Public Infrastructure Capital Improvement Program COBGlSales Tax
Improve the environmental conditions Code Enforcement General Fund
I
I
West Bay Drive Redevelopment Plan
10.3
H!
\..~
en. e~-2~1 ~n.
,&v;yt:e,. ~ /J-P1h/w;p ~
ffiJ;f;}V~ - .
'Mb~:!Z = ;p~~~
-
jE. :=:://~~~
tk>>J~~ )tJUl?fY ~
..'
I
I
CHAPTER 84-:J.i?
hearing, impose a fin
)f the provisions o~
!r upon any nurseryman
1e, .when paid, shall b~
!et~on Trust Fund. The
In may be in addition
.on of a certificate of
CHAPTER 84-355
LAWS OF FLORIDA
CHAPTER 84 355
Became a law without the Governor's approval.
CHAPTER 84-356
'1&
~JIlI m j'iet--
O~
Filed in Office Secretary of State June 25, 1984.
~s, is amended to read:
House Bill No. 1218
,rson who shall viOlate
of the rules made
'reto; who shall forge
gfully or improperl~
agreement provided for
ereto; or who shall
horized representative
ies shall be deemed
except that any person
ories, or countries
Plant Industry, plant~
Aurantioideae (after
f citrus) is guilty of
son who has in his
s or propagative plant
f the first degree,
3, or s. 775.084.
Florida Statutes, is
An act relating to community redevelopment; amending s.
163.335, F.S.; providing findings; amending s. 163.340,
F.S.; changing certain definitions; amending ss. 163.358,
163.360, 163.380, 163.390, 163.395, 163.400, 163.445,
F.S.; conforming certain provisions to such definition
changes; amending s. 163.350, F.S.; providing for
community redevelopment programs to include affordable
housing for certain people; amending s. 163.355, F.S.;
providing additional circumstances for a finding of
necessity for community redevelopment; amending s.
163.357, F.S.; .providing requirements for a governing
body as a communIty redevelopment agency; amending s.
163.356, F.S.; :equiring a community redevelopment agency
to a~nually dIstribute certain financial reports;
creatIng s. 163.359, F.S.; requiring notice to certain
taxing authorities under certain circumstances; amending
s. 163.362, F.S.; providing for additional contents of a
community redevelopment plan; amending s. 163.370, F.S.;
prohi~iting certain pr~jects from being undertaken using
certaIn revenues; amendIng s. 163.375, F.S.; providing
for approval of exercise of eminent domain; amending s.
163.385, F.S.; providing a maximum maturity for certain
bonds~ .r~moving cer~ain provisions providing for
negotIabIlIty of certaIn bonds; amending s. 163.387,
F.S.; providing requirements for establishing a
redevelopment trust fund and contributing funds to such
trust fund; providing penalties; requiring certain
surplus moneys in the trust fund to be disbursed for
certain purposes; requiring an annual audit of the trust
fund a~d an audit report; amending s. 200.065, F.S.;
excludIng from determinations of the rolled back rate
cert~i~ increases in ~ssessed value of certain property;
provIdIng for certaIn purposes of taxing authorities or
speci~l districts; providing exceptions to application of
certaIn sections under certain circumstances; s. 159.27,
F.S.; ~o~forming a definition; amending s. 166.231, F.S.;
auth~rIzIng an exem~tion from the municipal public
serVIce tax for electrIcal energy used in an enterprise
zon~ by certain. qualified businesses; providing for
expIratIon; amendIng ss. 193.077, 193.085, 195.073, and
195.099, F.S:; conforming language and extending repeal
dat~s; amendIng s. 196.012, F.S.; redefining "new
busIness" and "expansion of an existing business" and
defining "enterprise zone"; amending s. 196.1995, F.S.;
authorizing a referendum on economic development ad
valorem tax exemption to grant said exemption in an
enterprise zone; amending s. 205.022, F.S., and creating
s. 205.054, F.S.; authorizing an exemption from the
occupational license tax for businesses located in an
enterprise zone; providing penalties; providing for
expiration; amending s. 212.02, F.S.; defining
5, is amended to read:
noneys received by the
1apter, other than
State Treasury to the
lnt Industry aeeOtlnt
I shall be used by the
It the duties imposed
ties provided in this
,aring, impose a fine
. of the provisions of
against a beekeeper
ed and paid, shall be
Industry Ntl~ge~y
ieu of this fine, the
or certificate of
or producer of honey
lation of, any of the
ted thereunder.
r 1, 1984.
2023
--r
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
~
"enterprise zone"; amending s. 212.08, F.S.; providing
that building materials purchased for use in the
rehabilitation of real property located in an enterprise
zone shall be exempt from the sales and use tax;
providing application to governmental agencies under
certain circumstances; providing requirements and
limitations; providing that business property used in an
enterprise zone shall be exempt from the sales and use
tax under certain conditions; providing requirements and
limitations; providing for certain deductions from
amounts deposited in the Local Government Half-cent Sales
Tax Clearing Trust Fund; providing that charges for
electrical energy used by qualified businesses in an
enterprise zone in municipalities exempting said
businesses from the municipal utility tax shall be exempt
from the sales and use tax for a specified period;
providing for penalties; providing for expiration of said
sales tax exemption provisions; creating s. 212.096,
F.S.; providing a credit for job creation in enterprise
zones against the sales and use tax; providing
requirements and limitations; providing that a business
claiming the credit shall not be eligible for a specified
credit against the corporate income tax; providing a
penalty for fraudulent claims; providing for expiration;
amending ss. 220.02, 220.03, and 220.13, F.S., relating
to credits against the corporate income tax for certain
businesses located in or employing residents of
enterprise zones; conforming language; revising
definitions; extending repeal dates; amending s. 220.181,
F.S.; renaming the credit against the corporate income
tax for establishment of jobs employing residents of
enterprise zones; providing that businesses located in
enterprise zones are eligible for an extended credit;
providing requirements and limitations; providing that a
business claiming the credit shall not be eligible for a
specified credit against the sales and use tax; providing
a penalty for fraudulent claims; extending the repeal
date; amending s. 220.182, F.S., and repealing subsection
(9) thereof; renaming the credit against the corporate
income tax for establishment of a new business or
business expansion or rebuilding in an enterprise zone;
providing that the credit shall apply to all ad valorem
taxes; revising requirements and providing procedures;
extending the repeal date; deleting provisions relating
to approval by the Department of Community Affairs;
amending s. 220.183, F.S., relating to the community
contribution tax credit; providing limitations; revising
sponsor and project location requirements; revising
application requirements; providing for review by the
Department of Community Affairs; extending the repeal
date; amending ss. 290.001, 290.002, 290.003, 290.004,
290.006, 290.007, 290.008, and 290.009, F.S., relating to
the Florida Enterprise Zone Act; extending certain repeal
dates and conforming language; providing for issuance of
identifying numbers for enterprise zones; providing for
assistance of Department of Health and Rehabilitative
Services; creating ss. 290.0055 and 290.0065, F.S.;
providing procedures and requirements for local
authorization of enterprise zones and for approval by the
department; providing for repeal; creating s. 290.013,
F.S.; requiring state agency rules to provide certain
2024
CHAPTER 84-356
)8, F .S.; providing
~d for use in the
:ed in an enterprise
;ales and use tax;
1tal agencies under
requirements and
property used in an
rom the sales and use
ing requirements and
~in deductions from
1ment Half-cent Sales
19 that charges for
j businesses in an
ies exempting said
f tax shall be exempt
a specified period;
Jr expiration of said
:reating s. 212.096,
~tion in enterprise
use tax; providing
ing that a business
~ible for a specified
tax; providing a
iding for expiration;
.13, F.S., relating
1come tax for certain
ring residents of
language; revising
amending s. 220.181,
the corporate income
loying residents of
~usinesses located in
an extended credit;
Jns; providing that a
Jt be eligible for a
1d use tax; providing
Ktending the repeal
repealing subsection
ainst the corporate
a new business or
an enterprise zone;
~ly to all ad valorem
roviding procedures;
~ provisions relating
Community Affairs;
ing to the community
imitations; revising
luirements; revising
for review by the
extending the repeal
, 290.003, 290.004,
:J9, F.S., relating to
ending certain repeal
iding for issuance of
Jnes; providing for
th and Rehabilitative
and 290.0065, F.S.;
rements for local
j for approval by the
creating s. 290.013,
to provide certain
1
I
I
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
encouragements and incentives with respect to enterprise
zones; requiring state agencies to waive, modify or
minimize the adverse impacts of certain rules on
enterprise zones; providing for an annual report;
providing for expiration; creating s. 290.014, F.S.;
providing for annual reports on enterprise zones by
counties, municipalities, and the department; providing
for expiration; creating s. 290.015, F.S.; providing for
a research design; providing duties of Auditor General;
providing for legislative reviews of the Florida
Enterprise Zone Act and its components; providing for
expiration; amending s. 290.034, F.S.; providing that the
amount of the Community Development Support and
Assistance Fund that may be used each year for
administrative expenses shall be determined by the
General Appropriations Act; specifying priority for use
of the fund; creating s. 624.5105, F.S.; providing a
community contributions tax credit against the insurance
premium tax; providing limitations and requirements;
providing for expiration; repealing s. 162.012, F.S.,
relating to a legislative review of the Florida
Enterprise Zone Act; providing for the dissolution of
certain existing enterprise zones; providing multiple
effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (4) and (5) are added to section 163.335,
Florida Statutes, to read:
I
!
,I
;1
Ci
~
'I
11
163.335 Findings and declarations of necessity.--
(4) It is further found and declared that the preservation or
enhancement of the tax base from which a taxinq authority realizes
tax revenues is essential to its existence and financial health; that
the preservation and enhancement of such tax base is implicit in the
purposes for which a taxinq authority is established; that tax
increment financinq is an effective method of achievinq such
preservation and enhancement in areas in which such tax base is
declininq; that community redevelopment in such areas. when complete.
will enhance such tax base and provide increased tax revenues to all
affected taxinq authorities, increasinq their ability to accomplish
their other respective purposes; and that the preservation and
enhancement of the tax base in such areas throuqh tax increment
financinq and the levyinq of taxes by such taxinq authorities
therefor and the appropriation of funds to a redevelopment trust fund
bears a substantial relation to the purposes of such taxinq
authorities and is for their respective purposes and concerns.
(5) It is further found and declared that there exists in
counties and municipalities of the state a severe shortaqe of housinq
affordable to residents of low or moderate income. includinq the
elderly; that the existence of such condition affects the health.
safety, and welfare of the residents of such counties and
municipalities and retards their qrowth and economic and social
development; and that the elimination or improvement of such
condition is a proper matter of state policy and state concern. for a
valid and desirable public purpose.
q
J
,
2025
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER~
Section 2. Subsections (2), (9), (10), and (11) of Sect'
163.340, Florida Statutes, are amended and subsections (21) and (~~n)
are added to said section to read:
163.340 Definitions.--The following terms, wherever used
referred to in this part, shall have the following meanings:
Or
(2) "Public body" or "taxing authority" means the state or a
county, municipality, author~ty, special district as defined in ~~
165.031(5), or other publlc body of the state~ e~cept schoOl
districts, library districts, water manaqement dlstrlcts created
under s. 373.069, any special district which levies ad valorem taxe;
on taxable real property in more than one county, or any special
district whose sole available source of revenue is ad valorem tax~
at the time an ordinance is adopted pursuant to s. 163.387.
(9) "Conununity redevelopment 1'1"ojeet:" or "redevelopment" means
undertakingsL 6fta activities, or proiects of a county, munlcipality
or conununity redevelopment agency in a conununity redevelopment are~
for the elimination and prevention of the development or spread of
slums and blight or for the provision of affordable housinq, whether
for rent or for sale, to residents of low or moderate income
includinq the elderly, and may include slum clearance and
redevelopment in a conununity redevelopment area, rehabilitation or
conservation in a conununity redevelopment area, or any combination or
part thereof in accordance with a conununity redevelopment plan and
may include the preparation of such a plan.
(10) "Conununi ty redevelopment area" means a slum area or a
blighted area or an area in which there is a shortaqe of housing
affordable by residents of low or moderate income, includinq the
elderly, or a combination thereof which the governing body designates
as appropriate for 6 conununity redevelopment 1'1"ojeet:.
(11) "Conununity redevelopment plan" means a plan, as it exists
from time to time, for a conununity redevelopment area 1'1"ojeet:.
(21) "Debt service millaqe" means any millaqe levied pursuant to
s. 12, Art. VII of the State Constitution.
(22) "Increment revenue" means the amount calculated pursuant to
s.163.387(1).
Section 3. Section 163.350, Florida Statutes, is amended to read:
163.350 Workable program.--Any county or municipality for the
purposes of this part may formulate for the county or municipality a
workable program for utilizing appropriate private and public
resources to eliminate and prevent the development or spread of slums
and urban blight, to encourage needed conununity rehabilitation, to
provide for the redevelopment of slum and blighted areas, to provide
housinq affordable by residents of low or moderate income, includinq
the elderly, or to undertake such of the aforesaid activities or
other feasible county or municipal activities as may be suitably
employed to achieve the objectives of such workable program. Such
workable program may include provision for the prevention of the
spread of blight into areas of the county or municipality which are
free from blight through diligent enforcement of housing, zoning, and
occupancy controls and standards; the rehabilitation or conservation
of slum and blighted areas or portions thereof by replanning,
removing congestion, providing parks, playgrounds and other public
2026
CHAPTER 84-32&.
0), and (11) of section
subsections (21) and (22)
terms, wherever used
ollowing meanings:
ity" means the state ?r any
istrict as defined in s.
the state, except school
aqement districts created
ich levies ad valorem taxes
county, or any special
revenue is ad valorem taxes
nt to s. 163.387.
or "redevelopment" means
of a ~ounty, municipality,
ommunlty redevelopment area
development or spread of
affordable housinq, whether
low or moderate income~
clude slum clearance and
area, rehabilitation or
area, or any combination or
y redevelopment plan and
means a slum area or a
s a shortaqe of housinq
erate income, includinq the
e governing body designates
nt l'f'o;eel:.
means a plan, as it exists
opment area l'f'o;eel:.
millaqe levied pursuant to
ount calculated pursuant to
atutes, is amended to read:
y or municipality for the
e county or municipality a
riate private and public
elopment or spread of slums
ommunity rehabilitation, to
blighted areas, to provide
moderate income, includinq
aforesaid activities or
tivities as may be suitably
workable program. Such
for the prevention of the
or municipality which are
ent of housing, zoning, and
bilitation or conservation
ns thereof by replanning,
grounds and other public
or
1
LAWS OF FLORIDA
CHAPTER 84-356
QlAPTER 84-356
improvements, encouraging voluntary rehabilitation, and compelling
the repair and rehabilitation of deteriorated or deteriorating
structures; and the clearance and redevelopment of slum and blighted
areas or portions thereof.
Section 4. Section 163.355, Florida Statutes, is amended to read:
163.355 Finding of
county or municipality
part until after the
finding that:
necessity by counties or municipalities.--No
shall exercise the authority conferred by this
governing body shall have adopted a resolution
(1) One or more slum or blighted areas, or one or more areas in
which there is a shortaqe of housinq affordable by residents of low
or moderate income, includinq the elderly, exist in such county or
municipality; and,
(2) The rehabilitation, conservation, or redevelopment, or a
combination thereof, of such area or areas is necessary in the
interest of the public health, safety, morals, or welfare of the
residents of such county or municipality.
Section 5. Subsection (1) of section 163.357, Florida Statutes,
is amended to read:
,I
,j
~
163.357 Governing body as the community redevelopment agency.--
(1) 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 under s. 163.355, or at any
time thereafter by adoption of a resolution, declare itself to be an
agency, in which case all the rights, powers, duties, privileges, and
immunities vested by this part in an agency shall be vested in the
governing body of the county or municipality, subject to all
responsibilities and liabilities imposed or incurred. The members of
the qoverninq body shall be the members of the aqency, but such
members shall constitute the head of a leqal entity, separate,
distinct, and independent from the qoverninq body of the county or
municipality. If the qoverninq body declares itself to be an aqency
which already exists, the new aqency shall be subiect to all of the
responsibilities and liabilities imposed or incurred by the existinq
aqency. A governing body which consists of five members may appoint
two additional persons to act as members of the community
redevelopment agency. The terms of office of the additional members
shall be for 4 years, except that the first person appointed shall
initially serve a term of 2 years. Persons appointed under this
section are subject to all provisions of this part relating to
appointed members of a community redevelopment agency.
Section 6. Subsection (1) of section 163.356, Florida Statutes,
and paragraph (c) of subsection (3) of said section are amended to
read:
j
,
j
1
i
.,
'I
163.356 Creation of community redevelopment agency.--
(1) Upon a finding of necessity as set forth in s. 163.355, and
upon a further finding that there is a need for a community
redevelopment agency to function in the county or municipality to
carry out the community redevelopment purposes of this part, any
county or municipality may create a public body corporate and politic
to be known as a "community redevelopment agency." Each such agency
2027
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 3~
shall be constituted as a public instrumentality, and the exercise by
a community redevelopment agency of the powers conferred by this
shall be deemed and held to be the performance of an essential pub~rt
function. The community redevelopment agency of a county shall h iC
the power to function within the corporate limits of a municipal~~e
only as, if, and when the governing body of the municipality has ibY
resolution concurred in the community redevelopment plan 6~cl-~~6jee~
proposed by the governing body of the county.
(3 )
(c) The governing body of the county or municipality shall
designate a chairman and vice cha~rman.from among th~ commissioners.
An agency may employ an executive director, technical experts, and
such other agents and employees, permanent and temporary, as it may
require, and determine their qualifications, duties, and
compensation. For such legal service as it may require, an agency
may employ or retain its own counsel and legal staff. An agency
authorized to transact business and exercise powers under this part
shall file with the governing body and with the Auditor General, on
or before March 31 of each year, a report of its activities for the
preceding fiscal e6!e~cl6~ year, which report shall include a complete
financial statement setting forth its assets, liabilities, income
and operating expenses ex~e~se as of the end of such fiscal ea!e~cl6~
year. At the time of filing the report, the agency shall publish in
a newspaper of general circulation in the community a notice to the
effect that such report has been filed with the county or
municipality and that the report is available for inspection during
business hours in the office of the clerk of the city or county
commission and in the office of the agency.
Section 7. Subsection (1) of section 163.358, Florida Statutes,
is amended to read:
163.358 Exercise of powers in carrying out commun~ty
redevelopment p~6;eet and related activities,--The communlty
redevelopment powers assigned to a community redevelopment agency
created under s. 163.356 shall include all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of
this part, except the following, which shall continue to vest in the
governing body of the county or municipality:
(1) The power to determine an area to be a slum or blighted area,
or combination thereof; to designate such area as appropriate for 6
community redevelopment ~~6;eet; and to hold any public hearings
required with respect thereto.
Section 8. Section 163.359, Florida Statutes, is created to read:
163.359 Notice to taxing authorities.--Before the governing body
adopts any resolution or enacts any ordinance required under ss.
163.355, 163.356, 163.357, or 163.387, creates a community
redevelopment agency, or approves, adopts, or amends a community
redevelopment plan, the governing body shall provide public notice of
such proposed action pursuant to s. 125.66(2) and (4) or s.
166.041(3), and, at least 15 days before such proposed action shall
mail by registered mail a notice to each taxing authority which
levies ad valorem taxes on taxable real property contained within the
geographic boundaries of the redevelopment area.
2028
CHAPTER 84-3~
ty, and the exercise by
conferred by this part
of an essential public
)f.a county shall have
LmIts.o~ a ~unicipality
! munICIpalIty has by
lpment plan a~d-~~ojee~
or municipality shall
'ng the commissioners
technical experts, and
temporary, as it may
tions, duties, and
require, an agency
egal staff. An agency
wers under this part
he Auditor General, on
s activities for the
all include a complete
liabilities, income
f such fiscal ealeftae~
ency shall publish in
, nunity a notice to the
ith the county or
for inspection during
the city or county
358, Florida Statutes,
'~ng out community
:Ies.--The community
, redevelopment agency
powers necessary or
lses and provisions of
Itinue to vest in the
lum or blighted area,
s appropriate for e
d any public hearings
is created to read:
re the governing body
required under ss.
creates a community
amends a community
vide public notice of
(2) and (4) or s.
Jroposed action shall
ing authority which
contained within the
1
I
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
Section 9. Subsections (1), (6), and (9) of section 163.360,
Florida Statutes, and paragraph (a) of subsection (7) of said section
are amended to read:
163.360 Community redevelopment plans.--
(1) A Community redevelopment in ~~ojee~--fo~ a community
redevelopment area shall not be planned or initiated unless the
governing body has, by resolution, determined such area to be a slum
area or a blighted area, or an area in which there is a shortaqe of
housinq affordable by residents of low or moderate income, includinq
the elderly, or a combination thereof, and designated such area as
appropriate for a community redevelopment ~~ojee~.
(6) Following such hearing, the governing body may approve the a
community redevelopment ~~ojee~ and the plan therefor if it finds
that:
(a) A feasible method exists for the location of families who
will be displaced from the community redevelopment area in decent,
safe, and sanitary dwelling accommodations within their means and
without undue hardship to such families;
(b) The community redevelopment plan conforms to the general plan
of the county or municipality as a whole;
(c) The community redevelopment plan gives due consideration to
the provision of adequate park and recreational areas and facilities
that may be desirable for neighborhood improvement, with special
consideration for the health, safety, and welfare of children
residing in the general vicinity of the site covered by the plans;
and
(d) The community redevelopment plan will afford maximum
opportunity, consistent with the sound needs of the county or
municipality as a whole, for the rehabilitation or redevelopment of
the community redevelopment area by private enterprise.
(7) If the community redevelopment area consists of an area of
open land to be acquired by the county or the municipality, such area
shall not be so acquired unless:
(a) In the event the area is to be developed for residential
uses, the governing body determines:
1. That a shortage of housing of sound standards and design which
is decent, safe, affordable by residents of low or moderate income,
includinq the elderly, and sanitary exists in the county or
municipality;
2. That the need for housing accommodations has eeeft-o~-will-ee
increased in the area as-a-~estll~-of-~he-elea~aftee-ef-sltlms-ift--e~he~
a~eas;
3. That the conditions of blight in the area or afta the shortage
of decent, safe, affordable, and sanitary housing cause or contribute
to an increase in and spread of disease and crime or e~d constitute a
menace to the public health, safety, morals, or welfare; and
2029
. I
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER 84 356
4. That the acquisition of the area for residential
. f d.' uses is an
integral part 0 an 1S essent1al to the program of the
municipality. county or
(9) Notwithstanding any other provisions of this part, when the
governing body certifies that an area is in need of redevelopment or
rehabilitation as a result of an emergency under s. 252.34(2)
respecting which the Governor has certified the need for emergenc'
assistance under federal law, that area may be certified as ~
"blighted area," and the governing body may apprc;>ve a communit
redevelopment plan and a commun1ty redevelopment ~~o,eet with respec~
to such area w1thout regard to the prov1s1ons of this section
requiring a general plan for the county or municipality and a public
hearing on the community redevelopment ~~ojeet.
Section 10. Subsections (1), (3), (4), and (8) of section
163.362, Florida Statutes, are amended and subsections (9), and (10),
are added to said section to read:
redevelopment
plan.--Every
163.362 Contents of community
community redevelopment plan shall:
(1) Contain a legal description of
community redevelopment area and the reasons
boundaries as shown in the plan.
boundaries of
establishinq
the
such
the
for
(3) If the redevelopment area contains low or moderate income
housing, contain a neighborhood impact element which describes in
detail the impact of the redevelopment ~~ojeet upon the residents of
the redevelopment ~~ojeet area and the surrounding areas in terms of
relocation, traffic circulation, environmental quality, availability
of community facilities and services, effect on school population,
and other matters affecting the physical and social quality of the
neighborhood.
to
(8) Provide
area if such use
or if the lan is intended to remed
b residents of low
(10)
financed b
later than
approved or
all redevelo ment
shall occur no
which the lan is
Section 11.
read:
section 163.370, Florida Statutes, is amended to
163.370 powers; counties and municipalities; agencies.--
2030
)A
CHAPTER 84-356
~a for residential uses is an
program of the county or
isions of this part, when the
in need of redevelopment or
mergency under s. 252.34(2),
ied the need for emergency
area may be certified as a
y may approve a community
elopment ~rojee~ with respect
provisions of this section
. or municipality and a public
~ojee~.
(4), and (8) of section
Ind subsections (9), and (10),
redevelopment
plan.--Every
of
asons
the
for
boundaries of
establishinq
the
such
ontains low or moderate income
element which describes in
~rojee~ upon the residents of
surrounding areas in terms of
onmental quality, availability
ffect on school population,
.ical and social quality of the
.cly funded capital pro;ects to
.edevelopment area. Beseribe
lnein~-~he-reeeveio~men~-of-~he
~ntial use in the redevelopment
ior to the adoption of the plan
shortaqe of housinq affordable
~ includinq the elderly.
t of the pro;ected costs of the
be expended on publiclY funded
: redevelopment area and any
pment aqency, the county, ~r
urred for such redevelopment lf
increment revenues.
,r completinq all redevelopment
time certain shall occur no
.seal year in which the plan is
"lorida Statutes, is amended to
:ipalities; agencies.--
1
f,
!i
LAWS OF FLORIDA
CHAPTER 84 356
fBAPTER 84-356
(1) Every county and
necessary or convenient to
provisions of this part,
to others herein granted:
(a) T? make and execute contracts and other instruments necessary
or convenlent to the exercise of its powers under this part;
municipality shall have all the powers
carry out and effectuate the purposes and
including the following powers in addition
(b) To disseminate slum clearance and community redevelopment
information; aRe
(c)l. To undertake and carry out community redevelopment ~re;ee~s
and related ac~ivities within the community redevelopment area i~s
area-of-o~era~~oR, such redevelopment ~ro;ee~s to include:
a.i. Acquisition of a slum area or a blighted area or portion
thereof.
~2. Demolition and removal of buildings and improvements.
.f+3: Installation, construction, or reconstruction of streets,
utlll~les, park~, playgrounds, and other improvements necessary for
carrYlng out In. th~ community. redevelopment area the community
redeve~opment obJectlves of thlS part in accordance with the
communlty redevelopment plan.
~4. Disposition of any property acquired in the community
redevelopment area at its fair value for uses in accordance with the
community redevelopment plan.
~5. Carrying out plans for a program of voluntary or compulsory
repalr and rehabilitation of buildings or other improvements in
accordance with the community redevelopment plan.
~6. Acquisition of rea~ property in the community redevelopment
area which, under the communl~y redevelopment plan, is to be repaired
or rehabilitated for dwelllng use or related facilities, repair or
rehabilitation of the structures for guidance purposes, and resale of
the property.
~~. Acquisition of any other real property in the community
redevelopment area when necessary to eliminate unhealthful
unsanitary or unsafe conditions, lessen density eliminate obsolet~
or other uses detrimental to the public welfare: or otherwise to
remo~e or prevent the spread of blight or deterioration, or to
provlde land .for needed public facilities.
~8. Acquisition, without regard to any r~quirement that the area
be.a ~lum or blighted.are?, of air .rights ln an area consisting
prlnclpally of land ln hlghways, rallway or subway tracks, bridge or
~unnel entrances, or othe: similar facilities which have a blighting
lnfluence on the surroundlng area and over which air rights sites are
to be develope~ ~or the elimi~ation of such blighting influences and
for. the pro~l~lon of houslng (and related facilities and uses)
deslgned speclflcally for, and limited to, families and individuals
of low or moderate income.
~9: const:uct~on of foundations and platforms necessary for
provlslon of alr rlghts sites of housing (and related facilities
~se~). designed specifically for, and limited to, families
lndlvlduals of low or moderate income.
the
and
and
2031
I
~
i
,
~
j I dlIHJljlUHHU1H.U~.,. "".. "u~~J.""'.".., "',i' Hilj j i
-----,
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
shall not be paid for or f
inanced gy
2. The followinq pro;ects
increment revenues:
a. Construction or
ublic bodies or olice
authority aqrees to such
expansion~
expansion of administrative buildinq f
and fire buildin s unless each tS .or
f . . fax 1 n
method of inanCinq or such constructio
n oL
operatinq
out of a communit
unrelated to the
ment plan.
(dlfb+ To provide, or to arrange or contract for, the furnishing
or repair by any person or agency, public or private, of services,
privileges, works, streets, roads, public utilities or other
facilities for or in connection with a community redevelopment
~~ojee~; to install, construct, and reconstruct streets, utilities
parks, playgrounds, and other public improvements; and to agree t;
any conditions that it may deem reasonable and appropriate attached
to federal financial assistance and imposed pursuant to federal law
relating to the determination of prevailing salaries or wages or
compliance with labor standards, in the undertaking or carrying out
of a community redevelopment ~~ojee~ and related activities, and to
include in any contract let in connection with such redevelopment a
~~ojee~ and related activities provisions to fulfill such of said
conditions as it may deem reasonable and appropriate.
~fe+ within the community redevelopment area i~~--a~e8--of
o~e~8~iol'l:
1. To enter into any building or property in any community
redevelopment area in order to make inspections, surveys, appraisals,
soundings, or test borings and to obtain an order for this purpose
from a court of competent jurisdiction in the event entry is denied
or resisted.
personal
any
3. To hold, improve, clear, or prepare for redevelopment any such
property.
4. To mortgage, pledge, hypothecate, or otherwise encumber or
dispose of any real property.
2032
CHAPTER 84-3~
paid for or financed Qy
istrative buildinqs for
>, unless each taxin-
Eor such construction o~
truction, repair, or
)ve~ents or proiects not
rrYlnq out the community
rovem~nts are ~ormally
5 or lf such prOlects or
ructed, reconstructed
)proval of the community
~uant to a previously
lect schedule or plan of
ty redevelopment plant
1ses unrelated to the
{elopment plan.
ract for, the furnishing
private, of services,
ic utilities or other
:ommunity redevelopment
ruct streets, utilities
ents; and to agree t~
~nd appropriate attached
ursuant to federal law
ing salaries or wages or
taking or carrying out
lated activities, and to
h such redevelopment a
to fulfill such of said
)priate.
ent area i~s--a~e6--of
)perty in any community
ns, surveys, appraisals,
n order for this purpose
event entry is denied
n, gift, grant, bequest,
1 property (or personal
s), together with any
y redevelopment aqency
main unless specifically
or municipality which
r redevelopment any such
or otherwise encumber or
~PTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
5. To insure or provide for the insurance of any real or personal
property or operations of the county or municipality against any
risks or hazards, including the power to pay premiums on any such
insurance.
6. To enter into any contracts necessary to effectuate the
purposes of this part.
(f)fd+ To invest any community redevelopment funds held in
reserves or sinking funds or any such funds not required for
immediate disbursement in property or securities in which savings
banks may legally invest funds subject to their control; and to
redeem such bonds as have been issued pursuant to s. 163.385 of this
part at the redemption price established therein or to purchase such
bonds at less than redemption price, all such bonds so redeemed or
purchased to be canceled.
19lfe+ To borrow money and to apply for and accept advances,
loans, grants, contributions and any other form of financial
assistance from the Federal Government or the state, county, or other
public body, or from any sources, public or private, for the purposes
of this part, and to give such security as may be required and to
enter into and carry out contracts or agreements in connection
therewith; and to include in any contract for financial assistance
with the Federal Government for or with respect to 6 community
redevelopment ~~ojee~ and related activities such conditions imposed
pursuant to federal laws as the county or municipality may deem
reasonable and appropriate and which are not inconsistent with the
purposes of this part.
iQlff+ Within its area of operation, to make or have made all
surveys and plans necessary to the carrying out of the purposes of
this part and to contract with any person, public or private, in
making and carrying out such plans and to adopt or approve, modify
and amend such plans, which plans may include, but not be limited to:
1. Plans for carrying out a program of voluntary or compulsory
repair and rehabilitation of buildings and improvements.
2. Plans for the enforcement of state and local laws, codes, and
regulations relating to the use of land and the use and occupancy of
buildings and improvements and to the compulsory repair,
rehabilitation, demolition, or removal of buildings and improvements.
3. Appraisals, title searches, surveys, studies, and other plans
and work necessary to prepare for the undertaking of community
redevelopment ~~ojee~s and related activities.
lilfg+ To develop, test, and report methods and techniques, and
carry out demonstrations and other activities, for the prevention and
the elimination of slums and urban blight and developing and
demonstrating new or improved means of providing housing for families
and persons of low income.
iilfh+ To apply for, accept and utilize grants of funds from the
Federal Government for such purposes.
~fi+ To prepare plans for and assist in the relocation of
persons (including individuals, families, business concerns,
nonprofit organizations and others) displaced from a community
redevelopment area, and to make relocation payments to or with
2033
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-~
respect to such persons for moving expenses and losses of prop
for which reimbursement or compensation is not otherwise m:~ty
including the making of such payments financed by the Feder:i
Government.
ill+;t To appropriate such funds and make such expenditures as
may be necessary to carry out the pu~P?ses.of this part; to zone or
rezone any part of the county or munIcIpalIty or make exceptions fr
building regulations; and to enter into agreements with a hOUSi~m
authority, which agreements may extend over any period9
notwithstanding any provision or rule of law to the contrar'
respecting action to be taken by such county or municipality pursua~t
to any of the powers granted by this part.
(m)+kt To close, vacate, plan, or replan streets,
sidewalks, ways or other places; and to plan or replan any
the county or municipality.
(n)+lt Within its area of operation, to organize, coordinate, and
direct the administration of the provisions of this part, as they may
apply to such county or municipality in order that the objective of
remedying slum and blighted areas and preventing the causes thereof
within such county or municipality may be most effectively promoted
and achieved, and to establish such new office or offices of the
county or municipality or to reorganize existing offices in order to
carry out such purpose most effectively.
roads
part of
(o)+mt To exercise all or any part
herein granted or to elect to have such
community redevelopment agency.
or combination of powers
powers exercised by a
(2) With the approval of the governing body, a community
redevelopment agency may:
(a) Prior to approval of a community redevelopment plan or
approval of any modifications of the plan, acquire real property in a
community redevelopment area, demolish and remove any structures on
the property, and pay all costs related to the acquisition,
demolition, or removal, including any administrative or relocation
expenses.
(b) Assume the responsibility to bear any loss that may arise as
the result of the exercise of authority under this subsection, in the
event that the real property is not made part of the community
redevelopment ,area pro;eet.
Section 12. Subsection (1) of section 163.375, Florida Statutes,
is amended to read:
163.375 Eminent domain.--
(1) Any county or, municipality, or any community redevelopment
agency pursuant to specific approval of the qoverninq body of the
count V or municipality which established the aqencv. as provided by
any county or municipal ordinance shall have the right to acquire by
condemnation any interest in real property, including a fee simple
title thereto, which it may deem necessary for, or in connection
with, 8 community redevelopment projeet and related activities under
this part. Any county or, municipality, or any community
redevelopment agency pursuant to specific approval bv the qoverning
body of the count V or municipality which established the aqencv, as
2034
A
LnA~l~~ Oq-j~6
enses and losses of property
n is not otherwise made
s financed by the Federai
nd make such expenditures as
s of this part; to zone or
lity or make exceptions from
agreements with a housing
xtend over any period,
of law ~o. th7 contrary,
Inty or mun1c1pal1ty pursuant
or replan streets,
Ilan or replan any
roads,
part of
to organize, coordinate, and
lns of this part, as they may
I order that the objective of
!venting the causes thereof
be most effectively promoted
office or offices of the
existing offices in order to
!rt or combination of powers
Jch powers exercised by a
Jverning body, a community
unity redevelopment plan or
n, acquire real property in a
and remove any structures on
lated to the acquisition,
administrative or relocation
ar any loss that may arise as
under this subsection, in the
t made part of the community
on 163.375, Florida Statutes,
,r any commu~ity redevelopment
the qovern1nq body of the
,ed the aqency. as provided by
have the right to acquire by
.perty, including a fee simple
:ary for, or in connection
and related activities under
lality, or any community
.fic approval by the qoverninq
I established the aqency. as
provided by any county or municipal ordinance may exercise the power
of eminent domain in the manner provided in chapters 73 and 74 and
acts amendatory thereof or supplementary thereto, or it may exercise
the power of eminent domain in the manner now or which may be
hereafter provided by any other statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use m~y be acquired. in like manner. However, no real property
belong1ng to the Un1ted States, the state, or any political
subdivision of the state may be acquired without its consent.
Section 13. Subsections (1) and (4) of section 163.380, Florida
Statutes, are amended and subsection (5) is added to said section to
read:
163.380 Disposal of property in community redevelopment area.--
(1) Any county, municipality, or community redevelopment agency
may sell, lease, dispose of, or otherwise transfer real property or
any interest therein acquired by it for 6 community redevelopment
p~ojeet-o~ in.a community redevelopment area to any private person,
or may reta1n such property for public use, and may enter into
contracts with respect thereto for residential, recreational,
commercial, industrial, educational, or other uses, in accordance
with the community redevelopment plan, subject to such covenants,
conditions, and restrictions, including covenants running with the
land, as it may deem to be necessary or desirable to assist in
preventing the development or spread of future slums or blighted
areas or to otherwise carry out the purposes of this part. However,
such .sale, lease, other transfer, or retention, and any agreement
relat1ng thereto, may be made only after the approval of the
community redevelopment plan by the governing body. The purchasers
or lessees and their successors and assigns shall be obligated to
devote such real property only to the uses specified in the community
redevelopment plan, and may be obligated to comply with such other
requirements as the county, municipality, or community redevelopment
agency may determine to be in the public interest, including the
obligation to begin any improvements on such real property required
by the community redevelopment plan within a reasonable time.
(4) Any county, municipality, or community redevelopment ~gen~y
may temporarily operate and maintain real property acquired by 1t 1n
a community redevelopment area for or in connection with a community
redevelopment plan p~ojee~ pending the disposition of the property as
authorized in this part, without regard to the provisions of
subsection (1), for such uses and purposes as may be deemed
desirable, even though not in conformity with the community
redevelopment plan.
(5) If any conflict exists between the provisions of this section
and s. 159.61, the prOV1S1ons of this section shall qovern and
supersede those of s. 159.61.
Section 14. Subsections (1), (4), and (5) of section 163.385,
Florida Statutes, are amended to read:
163.385 Issuance of revenue bonds.--
(1) when authorized or approved by resolution or ordinance of the
governing body, every county, municipality, or community
redevelopment agency shall have power in its corporate capacity, in
its discretion, to issue Re9o~iahie redevelopment revenue bonds from
2035
1
-11,
Pi'l
'tP'I.
I::
ii,
I,.,
r'i
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER~
time to time to finance the undertaking of any comm .
redevelopment ~rejee~ under this part, including, without li Unlty
the generality thereof, the payment of principal and interes~ltlng
any advances for surveys and plans or preliminary loans, and ~pon
have power to issue refunding bonds f~r the payment or retireme~tall
bonds or other obllgatlons prevlously lssued. The security for of
bonds may be based upon the anticipated assessed valuation Ofs~ch
completed community redevelopment ~rejee~ and such other revenues he
may be legally available. In anticipation of the sale of s a~
revenue bonds, the county, municipality, or community redevelopmuc
agency may issue ftege~iable bond anticipation notes and may renew ~~t
same from time to time, but the maximum maturity of any such not e
including renewals thereof, shall not exceed 5 years from the date ~f
issue of the original note. Such notes shall be paid from an
revenues of the county, municipality, or agency available therefoY
and not otherwise pledged or from the proceeds of sale of the revenu~
bonds in anticip~tion of which they.were, issued. Any bond, note, or
other form of lndebtedness pledqlnq lncrement revenues to the
repayment thereof shall mature no later than the end of the thirtieth
fiscal year after the fiscal year in which increment revenues are
first deposited into the redevelopment trust fund.
(4) In case any of the public officials of the county,
municipality, or community redevelopment agency whose signatures
appear on any bonds or coupons issued under this part shall cease to
be such officials before the delivery of such bonds, such signatures
shall, nevertheless, be valid and sufficient for all purposes, the
same as if such officials had remained in office until such delivery.
Afty--~revi3ieft--ef-afty-law-~e-~fte-eeft~rary-fte~wi~ft3~6ftdift9,-afty-bend3
i33tled-~tlr3tlaft~-~e-~fti3-~art-3ft6ll-be-ftllly-ftege~iable~
(5) In any suit, action, or proceeding involving the validity or
enforceability of any bond issued under this part, or the security
therefor, any such bond reciting in substance that it has been issued
by the county, municipality, or community redevelopment agency in
connection with a community redevelopment ~rejee~, as herein defined,
shall be conclusively deemed to have been issued for such purpose,
and such project shall be conclusively deemed to have been planned,
located, and carried out in accordance with the provisions of this
part.
Section 15. Subsections (1), (2), (3), and (6)
163.387, Florida Statutes, are amended and subsections
are added to said section to read:
of
(7)
section
and (8)
163.387 Redevelopment trust fund.--
(1) There shall be established for each community redevelopment
agency created under s. 163.356 a redevelopment trust fund. Funds
allocated to and deposited into this fund shall be used by the agency
to finance or refinance ~ eaeft community redevelopment ~rejee~ it
undertakes pursuant to the approved community redevelopment plan. No
community redevelopment agency shall receive or spend any increment
revenues pursuant to exerei3e--6fty--eemmtlftity-redevele~meft~-~eWer3
tlftder this section unless and until the governing body has, by
ordinance, provided for the funding of the redevelopment trust fund
for the duration of a community redevelopment plan ~rejee~. Such
ordinance may be adopted only after the qoverninq body has approved a
community redevelopment plan. The annual funding of the
redevelopment trust fund shall be in an amount not less than that
increment in the income, proceeds, revenues, and funds of each taxing
2036
~
CHAPTER 84-3~
~rtaking of any community
1cluding, without limiting
principal and interest upon
liminary loans, and shall
the payment or retirement of
Jed. The security for such
~d assessed valuation of the
and such other revenues as
Jation of the sale of such
Jr community redevelopment
:ion notes and may renew the
lturity of any such note,
~ed 5 years from the date of
shall be paid from any
)r agency available therefor
:eeds of sale of the revenue
issued. Any bond, note, or
increment revenues to the
1an the end of the thirtieth
:h increment revenues are
Jst fund.
officials of the county,
agency whose signatures
ier this part shall cease to
;uch bonds, such signatures
lcient for all purposes, the
office until such delivery.
'-fto~wi~hs~aftdift~,-afty-boftds
:y-fte~o~iabie,
Ig involving the validity or
1 is part, or the secur i ty
Ince that it has been issued
redevelopment agency in
~rojee~, as herein defined,
issued for such purpose,
leemed to have been planned,
.h the provisions of this
(3 ) , and ( 6 )
l subsections
of
(7)
section
and (8)
,ach community redevelopment
'pment trust fund. Funds
shall be used by the agency
. redevelopment ~rojee~ it
.ity redevelopment plan. No
ve or spend any increment
~tlfti~y-redeveio~meft~-~owers
governing body has, by
he redevelopment trust fund
ment plan ~rojee~. Such
verninq body has approved a
annual funding of the
n amount not less than that
s, and funds of each taxinq
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
authority ~he--eotlft~y--or--mtlftiei~aii~y derived
connection with the i~s undertaking and carrying
redevelopment ~rojee~s under this part. Such
determined annually and shall be that amount equal
the difference between:
from or held in
out of community
increment shall be
to 95 percent of
(a) The amount of ad valorem taxes levied each year by each aii
taxing authority, exclusive of any amount from any debt service
millaqe, atl~hori~ies-exee~~-sehooi-dis~~ie~s on taxable real property
contained within the geographic boundaries of a community
redevelopment area ~rojee~; and
(b) The amount of ad valorem taxes which would have been produced
by the rate upon which the tax is levied each year by or for each ali
taxing authority, exclusive of any debt service millaqe. atl~hori~ies
exee~~-sehooi-dis~~ie~s upon the total of the assessed value of the
taxable real property in the community redevelopment area ~ro;ee~ as
shown upon the most recent assessment roll used in connection with
the taxation of such property by each taxing authority prior to the
effective date of the ordinance providing for the funding of the
trust fund.
(2)(a) Except for purposes of fundinq the trust fund pursuant to
subsectiOn (3), upon the adOPtion of an ordinance providinq for
fundinq of the es~ablishmeft~-of-a redevelopment trust fund as herein
provided, each taxing authority exee~~--sehooi--dis~~ie~s shall~
January I of each year, aftfttlaiiy appropriate to such fund for so lonq
as any indebtedness pledqinq increment revenues to the payment
thereof is outstandinq but not to exceed 30 years a sum which is no
less than the increment of-ad-vaio~em-~ax--revefttles as defined and
determined in subsection ~ara~ra~hs (l)fat-aftd-fbt accruing to said
taxing authority. If the community redevelopment plan is amended or
modified pursuant to s. 163.361(1)(b), each such taxinq authority
shall make such annual appropriation for a period not to exceed 30
years after the date the qoverninq body amends the plan. No taxinq
authority shall be exempt from the provisions of this section.
(b) Any taxinq authority which does not pay the increment to the
trust fund by January I shall pay to the trust fund an amount equal
to 5 percent of the amount of the increment and shall pay interest on
the amount of the increment equal to I percent for each month the
increment is outstandinq.
(3) Notwithstandinq the provisions of subsection (2). the
obligation of the a--ioeai governing body which established the
community redevelopment aqency to fund the redevelopment trust fund
annually shall continue until all loans, advances, and indebtedness,
if any, and interest thereon, of a community redevelopment agency
incurred as a result of redevelopment in a community redevelopment
area ~rojee~ have been paid,--btl~-oftiy-~o-~he-ex~eft~-~ha~-~he-~ax
ifteremeft~-deseribed-ift-~his-see~ioft-aee~tles.
(6) Moneys in the redevelopment trust fund may be expended from
time to time for the following purposes, when directly related to ~he
financing or refinancing of redevelopment in a community
redevelopment area pursuant to an approved a community redevelopment
plan ~~ojee~:
(a) Administrative and overhead expenses necessary or incidental
to the ~re~ara~ioft-aftd implementation of a community redevelopment
plan adopted by the agency;
2037
,,'l./.l~.wjj
CHAPTER 84-356
CHAPTER 84 3~
(b) Expenses of redevelopment planning, surveys, and financi
analysis; provided, moneys in the trust fund may be used to reimb al
the qoverninq body or the community redevelopment aqency for ur~
. f d - such
expenses lncurred be ore the re evelopment plan was apprOved an-_d
adopted;
LAWS OF FLORIDA
(c)
The acquisition of real property in the redevelopment
area;
(d) The clearance and preparation of any redevelopment area for
redevelopment and relocation of site occupants as provided in s.
163.370;
(e) Repayment of principal and interest or any redemption premiu
for loans, advances, bonds, bond anticipation notes, and other form~
of indebtedness; and
(f) All expenses incidental to or connected with the issuance
sa17, .red7mption, retirement, or purc~ase of age~cy bonds, bond
antlclpatlon notes, or other forms of lndebtedness lncludinq fundi~
of any reserve, redemption, or other fund or account provided for in
the ordinance or resolution authorizinq such bonds, notes, or other
forms of indebtedness.
(7) On the last day of the community redevelopment aqency'S
fiscal year, any money which remains in the trust fund after payment
of expenses pursuant to subsection (6) for such year shall be:
(a) Returned to each taxinq authority which paid the increment in
the proportion such taxinq authority's payment bears to the total
amount paid into the trust fund by all taxinq authorities within the
redevelopment area for that year;
(b) Used to reduce the amount of any indebtedness to which
increment revenues are pledqed; or
(c) Deposited into an escrow account for the purpose of later
reducinq any indebtedness to which increment revenues are pledqed.
(8) Each community redevelopment aqency shall provide for an
independent financial audit of the trust fund each fiscal year and a
report of such audit. Such report shall describe the amount and
source of deposits into and the amount and purpose of withdrawals
from the trust fund durinq such fiscal year and the amount of
principal and interest paid durinq such year on any indebtedness to
which is pledqed increment revenues and the remaininq amount of such
indebtedness. The aqency shall provide a copy of the report to each
taxinq authority.
Section 16. Section 163.390, Florida Statutes,
read:
is amended to
163.390 Bonds as legal investments.--All banks, trust companies,
bankers, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies,
and other persons carrying on a banking or investment business; all
insurance companies, insurance associations, and other persons
carrying on an insurance business; and all executors, administrators,
curators, trustees, and other fiduciaries may legally invest any
sinking funds, moneys, or other funds belonging to them or within
their control in any bonds or other obligations issued by a county or
municipality pursuant to this part or by any community development
2038
HDA
CHAPTER 84-356
------=.
Lanning, surveys, and financial
~ fund may be used to reimburse
{ redevelopment aqency for s~
Jment plan was approved a~
~y in the redevelopment area;
1 of any redevelopment area for
Jccupants as provided in s.
~rest or any redemption premium
ipation notes, and other forms
Jr connected with the issuance
:hase of agency bonds, bond
indebtedness inclu~inq fundi~
lnd or account provIded for in
inq such bonds, notes, or other
Jmmunity redevelopment aqency'S
1 the trust fund after payment
for such year shall be:
ity which paid the increment in
payment bears to the total
l taxinq authorities within the
of any indebtedness to which
:count for the purpose of later
~ement revenues are pledqed.
aqency shall provide for an
;t fund each fiscal year and a
: shall describe the amount and
and purpose of withdrawals
fiscal year and the amount of
1 year on any indebtedness to
ld the remaininq amount of such
~ a copy of the report to each
~ida Statutes, is amended to
;.--All banks, trust companies,
ltions, building and loan
:iations, investment companies,
~ or investment business; all
Jciations, and other persons
all executors, administrators,
:iaries may legally invest any
Jelonging to them or within
ligations issued by a county or
JY any community development
".'--r---.
Q!APTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
agency vested with community redevelopment projee~ powers. Such
bonds and other obligations shall be authorized security for all
public depo~i~s. It i~ ~h~ purpose of ~his sectio~ to authorize any
persons, polItIcal subdIvISIons, and offIcers, publIC or private, to
use any funds owned or controlled by them for the purchase of any
such bonds or other obligations. Nothing contained in this section
with regard to legal investments shall be construed as relieving any
perso~ ~f any duty of exercising reasonable care in selecting
securItIes.
Section 17. Subsection (1) of section 163.395, Florida Statutes,
is amended to read:
163.395 Property exempt from taxes and from levy and sale by
virtue of an execution.--
(1) All property of any county, municipality, or community
redevelopment agency, including funds, owned or held by it for the
purposes of this part shall be exempt from levy and sale by virtue of
an execution, and no execution or other judicial process shall issue
against t~e same nor shall judgment against the county, municipality,
or communIty redevelopment agency be a charge or lien upon such
prop~r~y. How~ver, the pro~isions of this section shall not apply to
or lImIt the rIght of oblIgees to pursue any remedies for the
enforcement of any pledge or lien given pursuant to this part by the
county or municipality on its rents, fees, grants, or revenues from
community redevelopment projee~g.
Section 18. Subsections (1), (3), and (4) of section 163.400,
Florida Statutes, are amended to read:
163.400 Cooperation by public bodies.--
(1) For the purpose of aiding in the planning, undertaking, or
carrying out of 6 community redevelopment projee~ and related
activities authorized by this part, any public body may, upon such
terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey, or lease any of its interest in any
property or grant easements, licenses, or other rights or privileges
therein to a county or municipality.
(b) Incur the entire expense of any public improvements made by
such public body in exercising the powers granted in this section.
(c) Do any and
planning or carrying
related activities.
all things necessary to aid or cooperate in the
out of a community redevelopment plan and
(d) Lend, grant, or
borrow money; and apply
contributions, or any
Federal Government, the
other source.
contribute funds to a county or municipality;
for and accept advances, loans, grants,
other form of financial assistance, from the
state, county or other public body, or any
(e) Enter into agr~e~ents, which may extend over any period,
notwithstanding any provIsIon or rule of law to the contrary, with
the Federal Government, a county or municipality, or other public
body respecting action to be taken pursuant to any of the powers
granted by this part, including the furnishing of funds or other
2039
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER 8~
assistance in connection with a community redevelopment p~ejee~
related activities. and
(f) Cause public buildings and public facilities, includ'
parks, playgrounds, recreational, community, educational, wat~~g
sewer, or drainage facilities, or any other works WhiCh it i~
otherwise empowered to undertake to be furnished; furnish, dedicate,
close, vacate, pave, install, grade, regrade, plan, or repl
streets, roads, sidewalks, ways, or other places; plan or replan an
zo~e ,or rezone, any part of the p~b~ic body or make exceptions fr~~
bUildin9 regulations; and cause a?minis~rat1ve and other services to
be furn1shed to the county or munic1pal1ty.
If at any time title to or possession of any property in a communit
redevelopment area p~6;ee~ is held b~ any ~ublic ~ody.or governmental
agency, other ~han the countY,or mun1c1~al1ty, Wh1Ch 1~ ~uthorized by
law to engage 1n the undertaking, carrY1ng out, or adm1n1stration of
community red~velopment ~~6jee~3 and,related activities, ~ncluding
any agency or 1nstrumental1ty of the Un1ted States, the prOVisions of
the agreements referred to in this section shall inure to the benefit
of and may be enforced by such public body or governmental agency.
As used in this subsection, the term "county or municipality" shall
also include a community redevelopment agency.
(3) For the purpose of aiding in the planning, undertaking, or
carrying out of any community redevelopment pr6;ee~ and related
activities of a community redevelopment agency or a housing authority
hereunder, any county or municipality may, in addition to its other
powers and upon such terms, with or without consideration, as it may
determine, do and perform any or all of the actions or things which,
by the provisions of subsection (1), a public body is authorized to
do or perform, including the furnishing of financial and other
assistance.
(4) For the purposes of this section, or for the purpose of
aiding in the planning, undertaking, or carrying out of 6 community
redevelopment pr6;ee~ and related activities of a county or
municipality, such county or municipality may, in addition to any
authority to issue bonds pursuant to s. 163.385, issue and sell its
general obligation bonds. Any bonds issued by the county or
municipality pursuant to this section shall be issued in the manner
and within the limitations prescribed by the applicable laws of this
state for the issuance and authorization of general obligation bonds
by such county or municipality. Nothing in this section shall limit
or otherwise adversely affect any other section of this part.
Section 19. Section 163.445, Florida Statutes,
read:
is amended to
163.445 Assistance to community redevelopment by state
agencies.--State agencies may provide technical and advisory
assistance, upon request, to municipalities, counties, and community
redevelopment agencies for 6 community redevelopment pr6;ee~ as
defined in this part. Such assistance may include, but need not be
limited to, preparation of workable programs, relocation planning,
special statistical and other studies and compilations, technical
evaluations and information, training activities, professional
services, surveys, reports, documents, and any other similar service
functions. If sufficient funds and personnel are available, these
services shall be provided without charge.
2040
CHAPTER 84-32&
edevelopment ~~6jeet and
ic facilities, including
ity, educational, water
other works which it i~
ished; furnish, dedicate
egrade, plan, or repla~
laces; plan or replan or
jy or make exceptions from
ive and other services to
ny property in a community
ublic body or governmental
ty, which is authorized by
out, or administration of
ated activities, including
States, the provisions of
shall inure to the benefit
or governmental agency.
nty or municipality" shall
cy.
planning, undertaking, or
ent ~~6jeet and related
ncy or a housing authority
in addition to its other
t consideration, as it may
actions or things which,
blic body is authorized to
of financial and other
on, or for the purpose of
rying out of a community
ivities of a county or
ay, in addition to any
63.385, issue and sell its
ssued by the county or
11 be issued in the manner
e applicable laws of this
f general obligation bonds
this section shall limit
tion of this part.
Statutes, is amended to
redevelopment by state
technical and advisory
s, counties, and community
redevelopment ~~ojeet as
y include, but need not be
ms, relocation planning,
nd compilations, technical
activities, professional
any other similar service
el are available, these
-r
I
I
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
Section 20. Subsection (1) of section 200.065, Florida Statutes,
is amended to read:
200.065 Method of fixing millage.--
(1) Upon completion of the assessment of all property pursuant to
s. 193.023, the property appraiser shall certify to each taxing
authority the taxable value within the jurisdiction of the taxing
authority. This certification shall include a copy of the statement
required to be submitted under s. 195.073(3), as applicable to that
taxing authority. In making the certification, the property
appraiser shall not delete from the tax roll the value of any
exemption or fractional assessment for which the taxing authority is
entitled to replacement revenues pursuant to state law. Separate
certifications shall be made to school districts for the purpose of
taxes levied pursuant to s. 236.02(6) and for other levies. The form
on which the certification is made shall include instructions to each
taxing authority describing the proper method of computing a millage
rate which, exclusive of any increase in the assessed value of
taxable real property by which a tax increment is measured for such
taxinq authority pursuant to s. 163.387. new construction, additions
to structures, deletions, and property added due to geographic
boundary changes, will provide the same ad valorem tax revenue for
each taxing authority as was levied during the prior year. That
millage rate shall be known as the "rolled-back rate." The
information provided pursuant to this subsection shall also be sent
to the tax collector by the property appraiser at the time it is sent
to each taxing authority.
Section 21. Notwithstanding any other provision of general or
special law, the purposes for which any taxing authority, as defined
in s. 163.340(2), Florida Statutes, 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
furthering of the purposes of such taxing authority as provided by
law.
Section 22. Section 163.335(4) as created by section 1 and the
provisions of section 2 excluding library districts from the
definition of "public body" or "taxing authority" shall not apply in
those jurisdictions where the community redevelopment agency
validated bonds as of April 30, 1984. Section 10 shall not apply to
any governing body of a county or municipality or to a community
redevelopment agency if such governing body has approved and adopted
a community redevelopment plan pursuant to s. 163.360, Florida
Statutes, before this act becomes a law. Sections 10, and 14 shall
not apply to any governing body of a county or municipality or to a
community redevelopment agency if such governing body or agency has
adopted an ordinance or resolution authorizing the issuance of any
bonds, notes, or other forms of indebtedness to which is pledged
increment revenues pursuant only to a community redevelopment plan as
approved and adopted before this act becomes a law.
Section 23. Subsection
is amended to read:
(19) of section 159.27, Florida Statutes,
159.27 Definitions.--The
context clearly indicates
following meanings:
following words and terms, unless the
a different meaning, shall have the
2041
'....""........
CHAPTER 84-m
(19) "Commercial project in an enterprise zone" means b' .
building additions or renovations, or other structures to ~1Id1ngS,
constructed and suitable for use by a commercial enter e newly
includes the site on which such building or structures arepr~se, and
located either in an area designated as an enterprise zone ~~ated,
to s. 290.005 and approved by the secretary of the Depart~ Suant
Community Affairs pursuant to s. 290.006 or in an area author~ntd of
be an enterprise zone pursuant to s. 290.0055 and approved ~ze to
secretary of the Department of Community Affairs pursuantYt t~
290.0065. For the purposes of this section, the term "enter o~
zone" shall have the same meaning as in s. 290.004(1). prlSe
CHAPTER 84-356
LAWS OF FLORIDA
Section 24. Subsection (8)
Statutes, to read:
is added to section 166.231, Florida
166.231 Municipalities; public service tax.--
(8)(a) A municipality may by ordinance exempt not less than 50
percent of the tax imposed under this section on purchasers of
electrical enerqy who are determined to be eliqible for the exemption
provided by s. 212.08(~2~ by the Depa~tmen~ of. Revenue. The
exemption shall be admln1stered as prov1ded 1n sa1d section. Not
less than 14 days prior to its effective .date, a copy of any
ordinance adopted pursuant to thlS subsectlon shall be provided to
the Department of Revenue.
(b) In the event an area authorized to be an enterprise zone
pursuant to s. 290.0055 has not yet been approved pursuant to s
290.0065, a municipality may enact an ordinance for said exemPtion:
however, the ordinance shall not be effective until such area i~
approved pursuant to s. 290.0065.
(c) This subsection shall expire and be void on December 31
1994, except that any qualified business which has satisfied th~
requirements of this subsection prior to said date shall be allowed
the full benefit of the exemption allowed under this subsection as if
this subsection had not expired on said date.
Section 25. Subsections (11, (3) and (4) of section 193.077,
Florida Statutes, are amended to read:
193.077 Notice of new, rebuilt, or expanded property.--
(1) The property appraiser shall accept notices on or before
April 1 of the year in which the new or additional real or personal
property acquired to establish a new business or facilitate a
business expansion or restoration is first subject to assessment.
The notice shall be filed, on a form prescribed by the department, by
any business seeking to qualify for an enterprise zone property
eeeftem~e--~ev~~a~~~a~~eft tax ~fteeft~~ve credit as a new or expanded
business pursuant to s. 220.182(3).
(3) Within 10 days of extension or recertification of the
assessment rolls pursuant to s. 193.122, whichever is later, the
property appraiser shall forward to the department a list of all
property of new businesses and property separately assessed as
expansion-related or rebuilt property pursuant to s. 193.085(6)(a).
The list shall include the name and address of the business to which
the property is assessed, the assessed value of the property, the
total seftee~ taxes levied against the property, the identifying
2042
.". t"';.6.
,OR IDA
CHAPTER 84-322.
nterprise zone" means buildings
other structures to be newl'
.by a commercial enterprise, an~
lng or structures are located
d as an enterprise zone pursuant
cretary of the Department of
.006 or in an area authorized to
290.0055 and approved by the
ommunity Affairs pursuant to S-
section, the term "enterpri~
in s. 290.004(1).
dded to section 166.231, Florida
rvice tax.--
rdinance exempt not less than 50
his section on purchasers of
to be eliqible for the exemption
Department of Revenue. The
s provided in said section. Not
fective date, a copy of any
subsection shall be provided to
horized to be an enterprise zone
been approved pursuant to s.
an ordinance for said exemptiont
effective until such area is
re and be void on December 31,
ness which has satisfied the
or to said date shall be allowed
owed under this subsection as if
id date.
and (4) of section 193.077,
r expanded property.--
11 accept notices on or before
or additional real or personal
new business or facilitate a
first subject to assessment.
prescribed by the department, by
an enterprise zone property
ive credit as a new or expanded
on or recertification of the
122, whichever is later, the
to the department a list of all
operty separately assessed as
ty pursuant to s. 193.085(6)(a).
jdress of the business to which
essed value of the property, the
the property, the identifying
",
!
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
number for the property as shown on the assessment roll, and a
description of the property.
(4) The provisions of this section shall expire and be void on
December 31, 1994 1986.
Section 26. Subsection (6) of section 193.085, Florida Statutes,
is amended to read:
193.085 Listing all property.--
(6)(a) Beginning in the year in which a notice of new, rebuilt,
or expanded property is accepted and certified pursuant to s. 193.077
and for the 9 years immediately thereafter, the property appraiser
shall separately assess the prior existing property and the
expansion-related or rebuilt property, if any, of each business
having submitted said notice pursuant to s. 220.182(3). The listing
of expansion-related or rebuilt property on an assessment roll shall
immediately follow the listing of prior existing property for each
expanded business. However, beginning with the first assessment roll
following receipt of a notice from the department that a business has
been disallowed an enterprise zone property eeoftomie-revitalizatioft
tax ifteefttive credit, the property appraiser shall singly list the
property of such business.
(b) The provisions of this section shall expire and be void on
December 31, 1994 1986.
Section 27. Subsection (5) of section 195.073, Florida Statutes,
is amended to read:
195.073 Classification of property.--All items required by law to
be on the assessment rolls shall receive a classification based upon
the use of the property. The department shall promulgate uniform
definitions for all classifications. The department may designate
other subclassifications of property. No assessment roll may be
approved by the department which does not show proper
classifications.
(5)(a) Rules adopted pursuant to this section shall provide for
the separate identification of property as prior existing property of
an expanded or rebuilt business, as expansion-related property of an
expanded or rebuilt business, and as property of a new business, in
the event the business qualifies for an enterprise zone property
eeoftomie-revitalizatioft tax ifteefttive credit pursuant to s. 220.182,
in addition to classification according to use.
(b) The provisions of this subsection shall expire and be void on
December 31, 1994 1986.
Section 28. Subsection (1) of section 195.099, Florida Statutes,
is amended to read:
195.099 Periodic review.--
(1)
(b) The provisions of this subsection shall expire and be void on
December 31, 1994 1986.
2043
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 35
~
subsection (15)
and subsection
Section 29. Paragraph (b) of subsection (14) and
of section 196.012, Florida Statutes, are amended,
(18) is added to said section to read:
196.012 Definitions.--For
following terms are defined as
clearly indicates otherwise:
the purpose of
follows, except
this chapter, the
where the context
(14) "New business" means:
(b) ~ A business located in aft-a~ea-desi9ft6ted-6s an enterpr'
zone that first beqins operation on a site clearly separate from ~se
other commercial or industrial operation owned by the same buslne~
~tl~stlaftt te s. 298.885. Fe~ the-~tl~~ese ef this -seetieft,--the--te s
lleftte~~~ise_~eftell-h6s-the-same-meaftift9-as-ift-s~-298~884fl+. ~m
(15) "Expansion of an existing business" means:
(a)l. A business establishing 10 or more jobs to employ 10 or
more full-time employees in this state, which manufactures
processes, compounds, fabricates, or produces for sale items of
tangible personal property at a fixed location and which comprises an
industrial or manufacturing plant; or
~fb+ A business establishing 25 or more jobs to employ 25 or
more full-time employees in this state, the sales factor of which, as
defined by s. 214.71(3), for the facility with respect to which it
requests an economic development ad valorem tax exemption is less
than 0.50 for each year the exemption is claimed;
provided that such business increases operations on a site co located
with a commercial or industrial operation owned by the same business
resulting in a net increase in employment of not less than 10 percent
or an increase in productive output of not less than 10 percent.
(b) Any business located in an enterprise zone that increases
operations on a site co located with a commercial or industrial
operation owned by the same business.
(18) "Enterprise zone" means an area either desiqnated pursuant
to s. 290.005 and approved by the secretary of the Department of
Community Affairs pursuant to s. 290.006 or authorized to be an
enterprise zone pursuant to s. 290.0055 and approved by the secretary
of the Department of Community Affairs pursuant to s. 290.0065.
Section 30. Subsection (4) of section 196.1995, Florida Statutes,
is amended, subsections (3), (4), (5), (6), (71, and (8) of said
section are renumbered as subsections (4), (5), (6), (7), (8), and
(9), respectively, and a new subsection (3) is added to said section
to read:
196.1995 Economic development ad valorem tax exemption.--
(3) The board of count
of any municipality which
.urisdiction to determine
commissioners or the
calls a
whether
2044
(14) and
lmended,
CHAPTER 84-322.
subsection (15)
and subsection
of
:ept
this chapter, the
where the context
ligna~ed-ag an enterprise
_early separate from
d a~
{n~ by th~ same business
~h~g--gee~~en,--~he--~e~m
-g,-2ge,eeHH.
means:
nore jobs to employ 10 or
which manufactures
iuces for sale items of
)n and which comprises an
nore jobs to employ 25 or
;ales factor of which as
with respect to which it
tax exemption is less
imed;
cions on a site co located
1ed by the same business
not less than 10 percent
~ss than 10 percent.
)rise zone that increases
)mmercial or industrial
ither desiqnated pursuant
of the Department of
6 or authorized to be an
~pproved by the secretary
~nt to s. 290.0065.
6.1995, Florida Statutes,
(7), and (8) of said
, (5), ( 6), ( 7), ( 8 ), and
is added to said section
tax exemption.--
r the qoverninq authority
endum within its total
spective iurisdiction may
exemptions may vote to
thority to qrant economic
sses and expansions of
se zone. In the event an
I
I
I
f
!
t
i
~PTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
Shall the board of count commissioners of this count (or the
g9verninq authority of this municipality, or both) be authorized to
rant ursuant to s. 3 Art. VII of the State Constitution property
tax exem tions for new businesses and ex ansions of exist in
businesses which are located in an enterprise zone?
Yes - For authority to qrant exemptions.
No - Aqainst authority to qrant exemptions.
121+4+ Upon a majority vote in favor of such authority, the board
of county commissioners or the governing authority of any
municipality, at its discretion, by ordinance may exempt from ad
valorem taxation 100 percent of the assessed value of all
improvements to real property made by or for the use of a new
business and all tangible personal property of such new business, or
100 percent of the assessed value of all added improvements to real
property made to facilitate the expansion of an existing business and
of the net increase in all tangible personal property acquired to
facilitate such expansion of an existing business. However, if the
authority to qrant exemptions is approved in a referendum in which
the ballot question contained in subsection (3) appears on the
ballot. the authority of the board of county commissioners or the
Qoverninq authority of the municipality to Qrant exemptions shall be
limited soleI to new businesses and ex ansions of existin
businesses which are located in an enterprise zone. property
acquired to replace existing property shall not be considered to
facilitate a business expansion. The exemption shall apply only to
taxes levied by the respective unit of government granting the
exemption. The exemption shall not apply, however, to taxes levied
for payment of bonds or to taxes authorized by a vote of the electors
pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution.
Any such exemption shall remain in effect for up to 10 years with
respect to any particular facility, regardleSS of any change in the
authority of the county or municipality to grant such exemptions.
The exemption shall not be prolonged or extended by granting
exemptions from additional taxes or by virtue of any reorganization
or sale of the business receiving the exemption.
Section 31. Subsection (7) is added to section 205.022, Florida
Statutes, to read:
205.022 Definitions.--when used in this chapter, the following
terms and phrases shall have the meaning ascribed to them in this
section, except when the context clearly indicates a different
meaning:
zone" means an area
ursuant to s. 290.0055 and a
2045
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER 84-356
of the Department of Community Affairs pursuant to s. 290.0065
subsection shall stand repealed on September 30, 1994. . Th~
Section 32.
read:
Section
205.054,
Florida
Statutes,
is
created to
205.054 Occu ational licenses'
zones. -
artial exem tion in enter rise
15
located
(3 )
munici
such
havinq the
( 6 ) Th i s
no license shall be issued with the exem
any period beqinninq on or after October
2046
CHJ
Sti
th
ex,
~
se
29
19
se
sa
(1
tc
tt
c(
al
Q.
or
1.
1
g
!.
~
.1
~
!
~
!
and
for
,OR
.S
,pt
or
p
0
a
r
0
i
s
a
t
i
s
n
I
e
i
t
l
l
3
<
-
L
L
I
!
1
1
I
I
IDA
CHAPTER 84-356
pursuant to s. 290.0065. This
ember 30, 1994.
ida Statutes, is created to
artial exemption in enterprise
ns of s. 205.033(1)(a) or s.
county or municipality m~
ordinance, adopted pursuant to
32 or s. 205.042, the exemPtion
an occupational license tax for
nq any business, profession or
diction when such privileqe is
tion or branch office located
o all classifications for which
red in a iurisdiction.
an enterprise zone as elsewhere
issued with the exemption
the same qeneral form as other
I expire at the same time as
xpire. Any license issued with
on shall be nontransferable.
section shall not apply to any
inq authority of a county or
uthorized herein shall issue to
id exemption a license pursuant
efore issuinq a license with
shall be provided in each case
he applicant is entitled to
be made by means of a statement
nq authority which indicates
on or branch office of the
zone of a iurisdiction which
herein.
exemption authorized herein by
nq authority shall be deemed
as fraudulently obtained such
any business, profession or
color thereof shall be subiect
siness or occupation without
laws of the state.
orized to be an enterprise zone
een approved pursuant to s,
ounty or municipality may enact
on authorizinq the exemption
ance or resolution shall not be
pursuant to s. 290.0065.
aled on September 30. 1994, and
emption authorized herein for
er 1, 1994.
l'
i
.
!
I
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
Section 33. Subsection
Statutes, to read:
(23) is added to section 212.02, Florida
212.02 Definitions.--The following terms and phrases when used in
this chapter shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning:
(23) "Enterprise zone" means an area of
be an enterprise zone pursuant to s. 290.0055
secretary of the Department of Community
290.0065. This subsection shall expire and be
1994.
the state authorized to
and approved by the
Affairs pursuant to s.
void on December 31.
Section 34. Paragraphs (f) and (g) are added to subsection (5) of
section 212.08, Florida Statutes, a new subsection (12) is added to
said section, and present subsection (12) is renumbered as subsection
(13), to read:
212.08 Sales, rental, use, consumption, distribution, and storage
tax; specified exemptions.--The sale at retail, the rental, the use,
the consumption, the distribution, and the storage to be used or
consumed in this state of the following tangible personal property
are hereby specifically exempt from the tax imposed by this chapter.
(5) EXEMPTIONS; ACCOUNT OF USE.--
(f) Buildinq materials used in the rehabilitation of real
property located in an enterprise zone.--
1. Buildinq materials used in the rehabilitation of real property
located in an enterprise zone shall be exempt from the tax imposed by
this chapter upon an affirmative showinq to the satisfaction of the
department that said items have been used for the rehabilitation of
real property located in an enterprise zone. Except as provided in
subparaqraph 2., this exemption shall inure to the owner, lessee or
lessor of the rehabilitated real property located in an enterprise
zone only throuqh a refund of previously paid taxes. To receive a
refund pursuant to this paraqraph. the owner, lessee. or lessor of
the rehabilitated real property located in an enterprise zone shall
file an application under oath which shall include:
a. The name and address of the person claiminq the refund.
b. The refund permit number assiqned pursuant to s. 212.095 to
such person.
c. An address and assessment roll parcel number
rehabilitated real property in an enterprise zone for which a
of previously paid taxes is beinq souqht.
of the
refund
d. A description of the improvements made to accomplish the
rehabilitation of the real property.
e. A copy of the buildinq permit issued for the rehabilitation of
the real property.
f. A sworn statement. under the penalty of per;ury, from the
qeneral contractor licensed in this state with whom the applicant
contracted to make the improvements necessary to accomplish the
rehabilitation of the real property which lists the buildinq
materials used in the rehabilitation of the real property. the actual
2047
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-~
cost of the buildinq materials and the amount of sales tax
this state on the buildinq materials.. In the event that noP~~~e~
contractor has been used, the appllcant shall provide t~
information in a sworn statement, under the penalty of periu ~
copy of the invoices evidencinq the purchase of the burid'~
materials used in such rehabilitation and the payment of sales t lQg
the buildinq materials shall be attached to the sworn stat:x QD
provided by the qeneral contractor or by the applicant. Unlessm~~
actual cost of buildinq materials used in the rehabilitation of r ~
property and the payment of sales taxes due thereon is documentedeS-
a qeneral contractor or by the applicant in said manner. the cost 7
such buildinq materials shall be an amount equal to 40 percent of tS-
increase in assessed value for ad valorem tax purposes. ~
q. Either the identifyinq number assiqned pursuant to s. 290.0065
to the enterprise zone in which the rehabilitated real property is
located, or such alternative proof as may be prescribed by the
department. with the concurrence of the secretary of the Department
of Community Affairs, that rehabilitated real property is located i~
an enterprise zone.
h. A certification by the property appraiser that the
improvements necessary to accomplish the rehabilitation of the real
property are substantially completed and that the assessed value for
ad valorem tax purposes is, or on the next ad valorem tax roll will
be, 30 percent or more qreater than the assessed value for ad valorem
tax purposes of the real property on the prior year assessment roll.
2. This exemption shall inure to a city. county or other
qovernmental aqency throuqh a refund of previously paid taxes if the
buildinq materials used in the rehabilitation of real property
located in an enterprise zone are paid for from the funds of a
community development block qrant or similar qrant or loan proqram.
To receive a refund pursuant to this paraqraph, a city. county or
other qovernmental aqency shall file an application which shall
include the same information required to be provided in subparaqraph
1. of an owner. lessee, or lessor of rehabilitated real property. In
addition. said application shall include a sworn statement siqned by
the chief executive officer of the city, county or other qovernmental
aqency seekinq a refund statinq that the buildinq materials for which
a refund is souqht were paid for from the funds of a community
development block qrant or similar qrant or loan proqram.
3. The provisions of s. 212.095(4) shall not apply to any refund
applic~tion made pursuant to this paraqraph. No more than one
exemptlon throuqh a refund of previously paid taxes for the
rehabilitation of real property shall be permitted for anyone parcel
of real property. No refund shall be qranted pursuant to this
paraqraph unless the amount to be refunded exceeds $500. No refund
qranted pursuant to this paraqraph shall exceed the lesser of 97
percent of 5 percent of the cost of the buildinq materials used in
the rehabilitation of the real property as determined pursuant to
subparaqraph l.f. or $5.000. A refund approved pursuant to this
paraqraph shall be made within 30 days of formal approval by the
department of the application for the refund.
4. The
of refund
requisites
under this
department shall adopt rules QoverninQ the manner and form
applications and may establish quidelines as to the
for an affirmative showinq of qualification for exemption
paraqraph.
2048
DA
CHAPTER 84-~
nount of sales tax paid in
In the event that no qener-y
:ant shall provide th~
h . 1S
~r t e penalty of perlury. ~
purchase of the buildin-
j the payment of sales tax ~
~d to the. sworn statemenf
JY the appl1cant. Unless the
~ the rehabilitation of rear
?ue t~ereon is documented ~
1n sa1d manner, the cost of
~t equal to 40 percent of the
n tax purposes. --
i9n~d pursuant to s. 290.0065
)llltated real property 15
~s may be prescribed by the
;ecretary of the Department
j real property is located in
)perty appraiser that the
rehabilitation of the real
j that the assessed value for
<t ad valorem tax roll will
lssessed value for ad valorem
prior year assessment roll.
a city, county or other
)reviously paid taxes if the
)ilitation of real property
for from the funds of a
lmilar qrant or loan proqram.
lqraph, a city, county or
an application which shall
be provided in subparaqraph
lbilitated real property. In
a sworn statement siqned b~
county or other qovernmental
buildinq materials for which
'rom the funds of a community
or loan proqram.
;hall not apply to any refund
lqraph. No more than one
.ously paid taxes for the
permitted for anyone parcel
be qranted pursuant to this
!d exceeds $500. No refund
:hall exceed the lesser of 97
ruildinq materials used in
.ty as determined pursuant to
approved pursuant to this
lYS of formal approval by the
'und.
loverninq the manner and form
.ish quidelines as to the
qualification for exemption
T
i
!
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 356
5. The department shall deduct an amount equal to 10 percent of
each refund qranted under the provisions of this paraqraph from the
amount deposited in the Local Government Half-cent Sales Tax Clearinq
Trust Fund pursuant to s. 218.61 for the county area in which the
rehabilitated real property is located and shall transfer said amount
to the General Revenue Fund.
6. For the purposes of the exemption provided in this paraqraph:
a. ~Rehabilitation of real property" means the reconstruction,
renovat1on. restoration, rehabilitation, construction, or expansion
of improvements to real property such that when substantially
completed the assessed value for ad valorem tax purposes is 30
percent or more qreater than the assessed value for ad valorem tax
purposes of the real property on the prior year assessment roll.
b. "Substantially completed" has the same meaninq as provided in
s.192.042(1).
c. "Real property" has the same meaninq as provided in s.
192.001(12) .
d. "Buildinq materials" means tanqible personal property which
becomes a component part of improvements to real property.
7. The provisions of this paraqraph shall expire and be void on
December 31, 1994.
(q) Business property used in an enterprise zone.
1. Business property purchased for use by businesses located in
an enterprise zone which is subsequently used in an enterprise zone
shall be exempt from the tax imposed by this chaPter, if no less than
20 percent of the employees of the business are residents of an
~nterprise zone, .excludinq temporary employees. This exemption shall
1nure to the bus1ness only throuqh a refund of previously paid taxes.
A refund shall be authorized upon an affirmative showinq by the
taxpayer to the satisfaction of the department that the requirements
of this paraqraph have been met.
2. To receive a refund the business shall file under oath. after
the employment requirements of subparaqraph 8. have been satisfied,
an application which shall include:
a. The name and address of the business claiminq the refund.
b. The refund permit number assiqned pursuant to s. 212.095 to
such business.
c. Either the identifyinq number assiqned pursuant to s.
to the enterprise zone in which the business is located.
alternative proof as may be prescribed by the department,
concurrence of the secretary of the Department of Community
that the business is located in an enterprise zone.
290.0065
or such
wi th the
Affairs.
d. A specific description of the property for which a refund is
souqht, includinq serial number or other permanent identification
number.
e. The location of the property.
2049
--.,
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER ~
f. The sales invoice or other proof of purchase of the propert
showinq the amount of sales tax paid, the date of purchase, and~
name and address of the sales tax dealer from which the propert~
purchased. ~
q. The name and address of each permanent employee of the
business includinq, for each employee who is a resident of~
enterprise zone, the identifyinq number assiqned pursuant t~
290.0065 to the enterprise zone in which the employee resldes.~
such alternative proof as may be prescribed by the department, WG1
the concurrence of the secretary of the Department of CommunJ11
Affairs, that the employee is a resident of an enterprise zone.
3. The provisions of s. 212.095(4) shall not apply to any refund
application made pursuant to this paraqraph. The amount refunded ~
purchases of business property under this paraqraph shall be 97
percent of the sales tax paid on said business property. A refund
approved pursuant to this paraqraph shall be made within 30 days Of
formal approval by the department of the application for the refund:
No refund shall be qranted under this paraqraph unless the amount to
be refunded exceeds $100 in sales tax paid on purchases made within a
60-day time period.
4. The
of refund
requisites
under this
department shall adopt rules qoverninq the manner and form
applications and may establish quidelines as to the
for an affirmative showinq of qualification for exemption
paraqraph.
5. If the department determines that the business property is
used outside an enterprise zone within 3 years from the date of
purchase, the amount of taxes refunded to the business purchasinq
said business property shall immediately be due and payable to the
department by said business, toqether with the appropriate interest
and penalty, computed from the date of purchase. in the manner
provided by this chapter.
6. The department shall deduct an amount equal to 10 percent of
each refund qranted under the provisions of this paraqraph from the
amount deposited in the Local Government Half-cent Sales Tax Clearinq
Trust Fund pursuant to s. 218.61 for the county area in which the
business property is located and shall transfer said amount to the
General Revenue Fund.
7. For the purposes of this exemption, "business property" means
new or used property defined as "recovery property" in s. l68(c) of
the Internal Revenue Code of 1954, as amended. except:
a. Property classified as 3-year property under s. l68(c)(2)(A)
of the Internal Revenue Code of 1954, as amended;
b. Industrial machinery and equipment as defined in paraqraph
(b) 6 . a.; and
c. Buildinq materials as defined in paraqraph (f)6.d.
8. The employment requirements established by this paraqraph
shall be met durinq the time period beqinninq 90 days prior to the
date of the initial purchase for which a refund is souqht and endinq
90 days after the date of the last purchase for which a refund is
souqht under this paraqraph. However, if the business did not exist
or was not operatinq in the enterprise zone 90 days prior to the date
2050
IDA
CHAPTER 84-3~
f of purchase of the propert~
he date of purchase. and th
er from which the property w~
h permanent employee of t~
who is. a resident of an
mber asslqned pursuant to S-
h the employee resides. o~
cribed by the department, with
the Department. of Community
t of an enterprlse zone.
shall not apply to any refund
raph. The amount refunded on
r this paraqraph shall be 97
usiness property. A refund
hall be made within 30 days of
e application for the refund.
paraqraph unless the amount to
aid on purchases made within a
qoverninq the manner and form
blish quidelines as to the
~f qualification for exemption
that the business property is
3 years from the date of
jed to the business purchasinq
y be due and payable to the
with the appropriate interest
~f purchase. in the manner
amount equal to 10 percent of
s of this paraqraph from the
t Half-cent Sales Tax Clearinq
e county area in which the
11 transfer said amount to the
ion. "business property" means
ry property" in s. 168(c) of
nended. except:
~roperty under s. 168(c)(2)(A)
s amended:
~ment as defined in paraqraph
paraqraph (f)6.d.
stablished by this paraqraph
inninq 90 days prior to the
a refund is souqht and endinq
1ase for which a refund is
if the business did not exist
zone 90 days prior to the date
--~
I
I
I
I
I
,
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
of the initial purchase. the employment requirements established by
this paraqraph shall be met for not less than 90 days after the date
of the last purchase for which a refund is souqht.
9. The prOV1Slons of this paraqraph shall expire and be void on
December 31. 1994.
(12) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.--
(a) Charqes for electrical enerqy used by a qualified business at
a fixed location in an enterprise zone in a municipality which has
enacted an ordinance pursuant to s. 166.231(8) providinq for
exemption of municipal utility taxes on such businesses shall be
exempt from the tax imposed by this chapter for a period of 5 years
from the billinq period beqinninq not more than 30 days followinq
notification to the applicable utility company by the department that
an exemption has been authorized pursuant to this subsection.
(b) To receive this exemption. a business shall file an
application. on a form provided by the department for the purposes of
this subsection and s. 166.231(8). The application shall be made
under oath and shall include:
1. The name and location of the business.
2. Either the identifyinq number assiqned pursuant to s.
to the enterprise zone in which the business is located.
alternative proof as may be prescribed by the department.
concurrence of the secretary of the Department of Community
that the business is located in an enterprise zone.
290.0065
or such
with the
Affairs ,
3. The date on which electrical service is to be first initiated
to the business.
4. The name and mailinq address of the entity from which
electrical enerqy is to be purchased.
5. The date of the application.
6. The name of the city in which the business is located.
7. The name and address of each permanent employee of the
business includinq, for each employee who is a resident of an
enterprise zone, the identifyinq number assiqned pursuant to s.
290.0065 to the enterprise zone in which the employee resides. or
such alternate proof as may be prescribed by the department. with the
concurrence of the secretary of the Department of Community Affairs.
that the employee is a resident of an enterprise zone.
(c) If, in a subsequent audit conducted by the department. it is
determined that the business did not meet the criteria mandated in
this subsection, the amount of taxes exempted shall immediately be
due and payable to the department by the business. toqether with the
appropriate interest and penalty, computed from the due date of each
bill for the electrical enerqy purchased as exempt under this
subsection. in the manner prescribed by this chapter.
(d) The department shall adopt rules qoverninq applications for.
issuance of. and the form of applications for. the exemption
authorized in this subsection: provisions for recapture of taxes
2051
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84~
exempted under this subsection; and may establish quidelines
qualifications for exemption. as ~
(e) For the purpose of the exemption provided in this subsect'
"qualified business" means a business for which not less thaniO~
~
percent of its employees are residents of an enterprise
excludinq temporary employees, for the 5 year duration of z~~~
exemption, except as provided in paraqraph (f), and which is:
1. First occupyinq a new structure to which electrical service
other than that used for construction purposes, has not be~
previouslY provided or furnished;
2. Newly occupyinq an existinq, remodeled, renovated 0
rehabilitated structure to which electrical service, other than thai
used for remodelinq, renovation or rehabilitation of said structure
has.not been provided or furnished in the three precedinq billing
periods; or
3. Occupyinq a new, remodeled, rebuilt, renovated or
rehabilitated structure for which a refund has been qranted pursuant
to paraqraph (5)(f).
(f) The employment requirements established by this subsection
shall be satisfied, without exception, for the first 6 months of the
exemPtion period authorized in this subsection. Subsequently, any
qualified business which fails for a period of 30 consecutive days to
maintain such employment requirements shall be ineliqible for the
remainder of the exemption authorized in this subsection.
(q) This subsection shall expire and be void on December 31,
1994. except that:
1. Paraqraph (c) shall not expire; and
2. Any qualified business which has been qranted an exemption
under this subsection prior to said date shall be allowed the full
benefit of this exemption as if this subsection had not expired on
said date.
Section 35. Section 212.096, Florida Statutes, is created to
read:
212.096 Sales, rental, storaqe, use tax; credit aqainst tax for
;ob creation in enterprise zones.--
(1) For the purposes of the credit provided in this section:
(a) "Eliqible business" means any sole proprietorship, firm,
partnership. corporation, bank, savinqs association, estate, trust,
business trust, receiver, syndicate or other qroup or combination, or
successor business, which has not claimed the credit permitted under
s. 220.181 for any new business employee first beqinninq employment
with the business after January 1, 1987,
(b) "New employee" means a person residinq in an enterprise zone
who beqins employment with an eliqible business after January lL
1987. A new employee also means a recipient of aid to families with
dependent children for the 3 months prior to his employment if the
eliqible business employinq such person is located in an enterprise
zone and the employment beqins after January 1, 1987. A person shall
2052
CHAPTER 84-3~
tablish quidelines
as 12
rovided in this subsection
which not less than 20
s of an enterprise zone-
5 year duration of th~
(f), and which is: --
o which electrical service~
purposes, has not been
remodeled, renovated QI
1 service, other than that
ilitation of said structure
three precedinq billi~
rebuilt, renovated or
has been qranted pursuant
lblished by this subsection
the first 6 months of the
;ection. Subsequently. any
I of 30 consecutive days to
;hall be ineliqible for the
lis subsection.
~ be void on December 31,
been qranted an exemption
all be allowed the full
,sect ion had not expi red on
Statutes, is created to
ax: credit aqainst tax for
ided in this section:
ole proprietorship. firm.
ociation, estate, trust,
r qroup or combination, or
he credit permitted under
first beqinninq employment
jinq in an enterprise zone
,iness after January 1,
lt of aid to families with
) his employment if the
located in an enterprise
r 1. 1987. A person shall
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
be deemed to be so employed if he performs duties in connection with
the operations of the business on a reqular, full-time basis,
provided he is performinq such duties at least 36 hours per week, or
a part-time basis, provided he is performinq such duties at least 20
hours per week throuqhout the year. Except as provided in subsection
(5), a new employee shall not be a person who has been previously
employed or who was hired to replace a person who had been employed
within the precedinq 12 months by the eliqible business, or a
successor eliqible business, claiminq the credit allowed by this
section.
(c) "Aid to families with dependent children" means the proqram
authorized in s. 409.235.
(d) "Month" means either a calendar month or the time
any day of any month to the correspondinq day of the next
month or, if there is no correspondinq day in the next
month, the last day of the succeedinq month.
(2) It is the leqislative intent to encouraqe provision of
meaninqful employment opportunities which will improve the quality of
life of those employed and encouraqe economic expansion of enterprise
zones and the state. Therefore, upon an affirmative showinq by a
business to the satisfaction of the department that the requirements
of this section have been met, the business shall be allowed a credit
aqainst the tax remitted under this chapter. The credit shall be
$130 per month of employment for each new full time employee or $65
per month of employment for each new part-time employee. The credit
shall be allowed for up to the followinq terms beqinninq with the
second tax return due pursuant to s. 212.11 after employment of the
new employee:
period from
succeedinq
succeedinq
(a) Twenty-four consecutive months. if the business is located in
an enterprise zone: or
(b) Twelve consecutive months.
(3) In order to claim this credit, an eliqible business, in
coniunction with its first tax return due pursuant to s. 212.11 after
the employment of a new employee. shall provide under oath a
statement includinq:
(a) For each new employee for whom this credit is claimed. his or
her name and place of residence on the last day of business of the
reportinq period for which the tax return applies.
(b) If applicable, anyone of the followinq:
1. The identifyinq number assiqned pursuant to s. 290.0065 to the
enterprise zone in which the new employee resides:
2. A certification. which includes the identifyinq number. from
the Department of Labor and Employment Security that the new employee
is a resident of an enterprise zone: or
3. Such alternative proof as may be prescribed by the department,
with the concurrence of the secretary of the Department of Community
Affairs and the secretary of the Department of Labor and Employment
Security, that the new employee is a resident of an enterprise zone.
2053
It i 1 i! lij ill, " ; ; 1 I j .l j ~ i ll4.U.4-.t.l. i j I I j. "., j ~ .I . l. II . j I i j , l.l,j,.,1.4 i j ,
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 3~
(c) If applicable, the identifyinq number assiqned pursuant t
290.0065 to the enterprise zone in which the business is located 0 ~
such alternative proof as may be prescrlbed by the department, 'Wi~
the concurrence of the secretary of the Department of Communi~
Affairs, that the business is located in an enterprlse zone. U
(d) I~ ,app~icable, ,a certification from the Department of Health
a~d Rehabl~l~atlv~ Servlces that the new employee was a recipient Of
ald to famllles wlth dependent chlldren for the 3 months prior to hiS
employment by an eliqible business. --
(4 )
credit
notify
return
In the event the application is insufficient to support the
authorized herein, the department shall deny the credit and
the business of said fact prior to the time the second tax
is due. The business may reapply for this credit.
(5)(a) If a new employee no lonqer meets the requirements for the
credit prior to havinq been employed by an eliqible business for 12
consecutive months, the business shall be allowed to employ a
replacement new employee who may qualify as a new employee only for
the unused portion of the oriqinal 12 consecutive month time period
of the credit. This paraqraph shall not apply more than once for
each iob. In order to claim credit for a replacement new employee
an eliqible business shall supply the information required pursuant
to subsection (3) with the first tax return due after his or her
employment.
(b) Notwithstandinq paraqraph (a), if a new employee of an
eliqible business located in an enterprise zone no lonqer meets the
requirements for this credit, the business shall be allowed to employ
a replacement new employee who may qualify as a new employee only for
the unused portion of the oriqinal 24 consecutive months of this
credit. This paraqraph shall not apply more than twice for each iob.
(6) The credit provided in this section shall not apply for any
new employee who is an owner, partner or stockholder of an eliqible
business. This credit shall not apply for any new employee whose
actual monthly waqes exceed $1,500 per month. The amounts paid as
waqes to new employees shall be the compensation paid to such
employees which are subiect to unemployment tax. This credit shall
not apply for any new employee who is employed for any period less
than one full calendar month. The credit provided in this section
shall not be allowed for any month in which the tax due for such
period or the tax return required pursuant to s. 212.11 for such
period is delinquent.
(7) In the event an eliqible business has a credit larqer than
the amount owed the state on the tax return for the time period in
which the credit is claimed, the amount of the credit for that time
period shall be the amount owed the state on said tax return.
(8) Any business which has claimed this credit shall not be
allowed any credit under the provisions of s. 220.181 for any new
employee beqinninq employment after January 1, 1987.
(9) It shall be the responsibility of each business to
affirmatively demonstrate to the satisfaction of the department that
it meets the requirements of this section.
2054
RIDA CHAPTER 84-~
number assiqned pursuant to
ch the business is located ~
.b d . Or
scr1 e bv the department, with
.the Departm~nt of Communi~
1n an enterpr1se zone. ~
1 from the Department of Health
:w employee was a recipient Of
1 for the 3 months prior to hIS
is insufficient to support the
It shall deny the credit and
: ior to the time the second tax
Ly for this credit.
meets the requirements for the
r an eliqible business for 12
lall be allowed to employ a
y as a new employee only for
: consecutive month time period
It apply more than once for
or a replacement new employee
nformation required pursuant
ax return due after his or her
, if a new employee of an
ise zone no lonqer meets the
~ss shall be allowed to emplo~
1fy as a new employee only for
24 consecutive months of this
more than twice for each iob.
ection shall not apply for an~
r stockholder of an eliqible
DIy for any new employee whose
nonth. The amounts paid as
1e compensation paid to such
nent tax. This credit shall
5 employed for any period less
it provided in this section
in which the tax due for such
lnt to s. 212.11 for such
.ness has a credit larqer than
:urn for the time period in
It of the credit for that time
:e on said tax return.
led this credit shall not be
of s. 220.181 for any new
lary I, 1987.
lilitv of each business to
ction of the department that
~
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
(10) The followinq persons shall be deemed not to have been hired
to replace a person who had been employed within the precedinq 12
months by the business claiminq this credit:
(a) Each person hired in excess of the averaqe employment
reported by the business for unemployment compensation tax purposes
for the 4 quarters precedinq the beqinninq of the taxable year.
(b) Each person hired who does not represent an increase in
employment as calculated under paraqraph (a), if one of the followinq
is true:
1. The person is employed at a location more than 100 miles from
the location at which the prior employee was employed:
2. The person is employed in a position that has a different
classification for workers' compensation insurance purposes from the
position of the prior employee:
3. The person performs duties substantially different from those
of the prior employee; or
4. Such other indications are present, as may reasonably be
deemed sufficient bv the department.
(11) Anv person fraudulently claiminq this credit shall be liable
for repayment of the credit plus a mandatory penalty of 100 percent
of the credit, plus interest at the rate provided in this chapter.
and shall be Quilty of a misdemeanor of the second deqree, punishable
as provided in s. 775.082. s. 775.083. or s. 775.084.
(12) The provisions of this section, except for subsection (11),
shall expire and be void on December 31, 1994.
Section 36. Paragraphs (a) and (c) of subsection
paragraphs (a) and (c) of subsection (8) of section 220.02,
Statutes, are amended to read:
( 7) and
Florida
220.02 Legislative intent.--
(7)(a) It is the intent of the Legislature that the enterprise
zone eeoftomie-~evi~6liz6~ioft jobs e~e6~ioft-ifteeft~ive credit provided
by s. 220.181 be applicable only to those businesses which employ
residents of enterprise zones and those businesses in enterprise
zones which employ recipients of aid to families with dependent
children. It is further the intent of the Legislature to provide an
incentive for the increased provision of such employment
opportunities as will lead to the improvement of the quality of life
of those employed and the positive expansion of the economy of the
state as well as the economy of present enterprise zones.
(c) The provisions of this subsection shall expire and be void on
June 30, 1994 1986.
(8)(a) It is the intent of the Legislature that the enterprise
zone property eeoRomie-~evi~aliza~ioR tax -ifteeft~ive credit provided
by s. 220.182 be applicable only to those new or expanded businesses
located in enterprise zones which make a positive expansionary
contribution to the economy of this state and to the economy of their
local communities in terms of new jobs for residents of enterprise
2055
1
zones and improvements
enterprise zones.
LAWS OF FLORIDA CHAPTER 8~
to real and personal property located 1n
CHAPTER 84-356
(c) The provisions of this subsection shall expire and be void
December 31, 1994 ~986. On
Section 37. Paragraphs (al, (c), (d), (f), (i), (j), (kl, (0)
(p), (q), (t), (u), and (x) of subsection (1) of ~ection 220.03'
Florida Statutes, are amended, and paragraph (ccl 1S added to said
subsection, to read:
220.03 Definitions.--
(1) SPECIFIC TERMS.--When used in this code, and
otherwise distinctly expressed or manifestly incompatible
intent thereof, the following terms shall have the
meanings:
when not
wi th the
following
(a) "Ad valorem gehee~ taxes paid" means 96 percent of p~operty
taxes levied for operatinq gehee~ purposes and does not 1nclude
interest, penalties, or discounts forgone. In addition, the term "ad
valorem gehee~ taxes paid," for purposes of the credit in s. 220.182
means the ad valorem tax fer--geheei--~tlr~egeg paid on new o~
additional real or personal property acquired to establish a new
business or facilitate a business expansion, including pollution and
waste control facilities, or any part thereof, and including one or
more buildings or other structures, machinery, fixtures, and
equipment. The provisions of this paragraph shall expire and be void
on December 31, 1994 ~9B6.
(c) "Business" or "business firm" means any business entity
authorized to do business in this state as defined in paragraph (y),
and any bank or savings and loan association as defined in s. 220.62,
subject to the tax imposed by the provisions of this chapter. The
provisions of this paragraph shall expire and be void on June 30,
1994 i9B6.
(d) "Community contribution" means the grant by a business firm
of any of the following items:
1. Cash or other liquid assets.
2. Real property.
3. Goods or inventory.
4. Other physical resources as identified by the department.
The provisions of this paragraph shall expire and be void on June 3D,
1994 ~9B6.
(f)l. "Department" means the Department of Revenue of this state.
2. "Department," for the purposes of s. 220.183, means the
Department of Community Affairs. The provisions of this subparagraph
shall expire and be void on June 30, 1994 ~986.
(i) "Emergency," as used in s. 220.02 and in paragraph (u) of
this subsection, means occurrence of widespread or severe damage,
injury, or loss of life or property proclaimed pursuant to s. 14.022
2056
DA
CHAPTER 84-3?&
personal property located in
In shall expire and be void on
(d), (fl, (i), (j), (k), (0)
.on (1) of section 220.03;
lragraph (cc) is added to said
this code, and
!stly incompatible
shall have the
when not
with the
following
, means 96 percent of property
loses and does not include
Ie. In addition, the term "ad
i of the credit in s. 220.182,
li--~tl~~egeg paid on new or
:quired to establish a new
Ision, including pollution and
lereof, and including one or
i, machinery, fixtures, and
Jraph shall expire and be void
means any business entity
as defined in paragraph (y),
ltion as defined in s. 220.62,
iions of this chapter. The
!xpire and be void on June 30,
the grant by a business firm
:ified by the department.
!xpire and be void on June 30,
lent of Revenue of this state.
of s. 220.183, means the
'ovisions of this subparagraph
!i 1986.
!20.02 and in paragraph (u) of
.despread or severe damage,
)claimed pursuant to s. 14.022
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
or declared pursuant to s. 252.36. The provisions of this paragraph
shall expire and be void on December 31, 1994 1986.
(j) "Enterprise zone" means an area in
designated pursuant to s. 290.005 and approved by
the Department of Community Affairs pursuant
authorized to be an enterprise zone pursuant to
approved by the secretary of the Department of
~ursuant to s, 290.0065, as an area appropriate for
the credits provided in ss. 220.181 and 220.182.
this paragraph shall expire and be void on December
the state either
the secretary of
to s. 290.006L-2L
s. 290.0055 and
Community Affairs
the purposes of
The provisions of
31, 1994 1986.
(k)l. "Expansion of an existing business," for the purposes of
the gasohol development tax incentive credit, refers to capital
investment in a productive business operation, not defined as a new
business, which results in a net increase in the amount of real or
tangible personal property owned by it or, in the case of government-
owned real property, leased by it, for the purpose of engaging in the
distillation of ethyl alcohol for use in motor fuels or in the
manufacture of equipment for the processing and distillation of ethyl
alcohol for use in motor fuels.
2. "Expansion of an existing business," for the purposes of the
enterprise zone property eeenemie--~evitaiizatien tax ineentive
credit, means any business entity authorized to do business in this
state as defined in paragraph (y), and any bank or savings and loan
association as defined in s. 220.62, subject to the tax imposed by
the provisions of this chapter, located in an enterprise zone, which
expands by or through additions to real and personal property and
which establishes five or more new jobs to employ five or more
additional full-time employees in this state,-a-majerity-ef-whem-are
~egidentg-ef-an-enter~rige-zene. The provisions of this subparagraph
shall expire and be void on December 31, 1994 1986.
(0) "Local government" means any county
municipality in the state. The provisions of this
expire and be void on ~une 30, 1994 i986.
(pl1. "New business," for the purposes of the gasohol development
tax incentive credit, means a productive business operation, which
heretofore did not exist in this state, engaged in the distillation
of ethyl alcohol for use in motor fuels or in the manufacture of
equipment for the processing and distillation of ethyl alcohol for
use in motor fuels.
or incorporated
paragraph shall
2. "New business," for the purposes of the enterprise zone
property eeenemie-revitaiizatien tax ineentive credit, means a~y
business entity authorized to do business in this state as defined ln
paragraph (y), or any bank or saving~ and loan associat~o~ as defin~d
in s. 220.62, subject to the tax lmposed by the prOV1S10nS of thlS
chapter, first beginning operations on a site located i~ an
enterprise zone and clearly separate from any other comm~rclal or
industrial operations owned by the same entity, bank, or savlngs and
loan association ,-a-majerity-ef-the-em~ieyeeg-ef-whieh-are-residents
ef-an-enter~~ise-zene. The provisions of this subparagraph shall
expire and be void on December 31, 1994 1986.
(q) "New btlsinesg employee" means a person residing in an
enterprise zone who begins employment in the operations of a business
after July 1, 1980. A new employee also means a recipient of aid to
families with dependent children for 3 months prior to his employment
2057
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-32&.
if the eliqible business employinq such person is located in
enterprise zone and the employment beqins after July I, 1984.~
person shall be deemed to be employed by such a business if h
performs duties in connection with the operations of the business on~
~. a re9tliar, full-time basis, provided he is performinq su~
duties at least 36 hours per week, or
2. a part-time basis, provided he is performing such duties at
least 20 hours per week throughout the year.
Except as provided in s. 220.181(1)~fb+, a new btlsiReSS employee
shall not be a person who has been previously employed or who was
hired to replace a person who had been employed within the preceding
12 ea~eRdar months by the business, or a successor business, claiming
the credit allowed by s. 220.181. The provisions of this paragraph
shall expire and be void on June 30, 1994 ~986.
(t) "Project" means any activity undertaken ~y an eligible
sponsor, as defined in s. 220.183(4)(c), which 1S designed to
construct, improve, or substantially rehabilitate housing or
commercial, industrial, or public resources and facilities or to
improve entrepreneurial and job-development opportunities for low-
income persons. The provisions of this paragraph shall expire and be
void on June 30, 1994 ~986.
(u) "Rebuilding of an existing business" means replacement or
restoration of real or tangible property destroyed or damaged in an
emergency, as defined in paragraph (iI, in an enterprise zone, bya
business entity authorized to do business in this state as defined in
paragraph (y), or a bank or savings and loan association as defined
in s. 220.62, subject to the tax imposed by the provisions of this
chapter, located in the enterprise zone,-a-ma;ori~y-of-~he-em~ioyees
of-whieh-are-resideR~s-of-aR-eR~er~rise-EoRe. The provisions of this
paragraph shall expire and be void on December 31, 1994 i986.
(x) "Secretary" means the secretary of the Department of
Community Affairs. The provisions of this paragraph shall expire and
be void on June 30, 1994 ~986.
(cc) "Aid to families with dependent children" means the proqram
authorized in s. 409.235. This paraqraph shall stand repealed on
June 30, 1994.
Section 38. Paragraph (a) of subsection (1) of section 220.13,
Florida Statutes, is amended to read:
220.13 "Adjusted federal income" defined.--
(l) The term "adjusted federal income" means an amount
the taxpayer's taxable income as defined in subsection (2),
taxable income of more than one taxpayer as provided in s.
for the taxable year, adjusted as follows:
equal to
or such
220.131,
(a) Additions.--There shall be added to such taxable income:
1. The amount of income tax paid or accrued as a liability to
this state under this code which is deductible from gross income in
the computation of taxable income for the taxable year.
2058
IDA
CHAPTER 84 - 3~
such person is located in an
ns after July 1. 1984. A
oyed by such a business if he
operations of the business on~
provided he is performinq such
e is performing such duties at
year.
slfbt, a new b~si"ess employee
'iously employed or who was
I employed within the preceding
a successor business, claiming
Ie provisions of this paragraph
194 1986.
, undertaken by an eligible
l)(c), which is designed to
illy rehabilitate housing or
)urces and facilities or to
~lopment opportunities for low-
; paragraph shall expire and be
business" means replacement or
ty destroyed or damaged in an
i) in an enterprise zone, by a
es~ in this state as defined in
and loan association as defined
ed by the provisions of this
ne--a-ma;o~ity-of-tke-em~loyees
e-~o"e. The provisions of this
December 31, 1994 1986.
retary of the Department of
this paragraph shall expire and
,ent children" means the proqram
'aph shall stand repealed on
Ibsection (1) of section 220.13,
lef ined.--
income" means an amount
led in subsection (2),
)ayer as provided in s.
Lows:
equal to
or such
220.131,
jed to such taxable income:
aid or accrued as a liability to
eductible from gross income in
the taxable year.
9i!'PTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
2. The amount of interest which is excluded from
under s. 103(a) of the Internal Revenue Code or any
laW, less the associated expenses disallowed in the
taxable income under s. 265(2) of the Internal Revenue
other law.
3. In the case of a regulated investment company or real estate
investment trust, an amount equal to the excess of the net long-term
capital gain for the taxable year over the amount of the capital gain
dividends attributable to the taxable year.
taxable income
other federal
computation of
Code or any
4. That portion of the wages or salaries paid or incurred for the
taxable year which is equal to the amount of the credit allowable for
the taxable year under s. 220.181. The provisions of this
subparagraph shall expire and be void on June 30, 1994 1986.
5. That portion of the ad valorem sekool taxes paid or incurred
for the taxable year which is equal to the amount of the credit
allowable for the taxable year under s. 220.182. The provisions of
this subparagraph shall expire and be void on December 31, 1994 1986.
6, The amount of
liability to this state
from gross income in
taxable year.
emergency excise
under chapter 221
the computation
tax paid or accrued as a
which tax is deductible
of taxable income for the
7. That portion of assessments to fund a guaranty association
incurred for the taxable year which is equal to the amount of the
credit allowable for the taxable year.
8. That portion of the taxes paid under part II of chapter 212
which is equal to the amount of the credit allowable for the taxable
year under s. 220.189.
Section 39. Section 220.181, Florida Statutes, is amended to
read:
220.181 Enterprise zone Beoftomie--~evitali~atioft jobs e~eatioft
tfteefttive credit.--
(1) (a) There shall be allowed a credit against the tax imposed by
this chapter to any business which establishes one or more jobs to
employ one or more new b~siftess employees who are residents of an
enterprise zone. The credit shall be computed as 25 percent of the
actual monthly wages paid in this state to each new b~siftess employee
for a period of up to 12 consecutive months.
(b) If a business eliqible under paraqraph (a) is located in an
enterprise zone, the business shall be allowed this credit for 24
consecutive months.
(clfbtl. If a new b~siftess employee no 10nQer meets the
requirements beeomes-ifteligible for this tke credit ~~ovirlerl-ift--tkis
seetioft prior to having been employed by the business tax~aye~ for 12
consecutive months, the business tax~aye~ shall be allowed to employ
a replacement new b~siftess employee who may qualify as a new employee
only skall-be-eligible for the unused portion of the original 12-
consecutive-month time period of the credit. This subparagraph shall
not apply more than once for each job e~eaterl--fo~--a--ftew--b~si"ess
em~loyee-fo~-wkiek-e~erlit-kas-beeft-elaimerl.
2059
CHAPTER 84-356
CHAPTER 84 3~
2. Notwithstandinq subparaqraph 1., if a new aR employee of a
business located In. an enterprise zone no, ~onqer meets th
reqUlrements for thlS ,credlt vaeateg-tfte-reg~t~eR fer-~ftieft-fte-~a;
effirieye~-as--a--Re~--btls~RegS--effirieyee--aR~--~ees--Ret--~tlaiifY--fer
tlReffirieYffieRt--eeffireRsat~eR,-e~eert-fer-reageRS-ef-fteaitft,-ag-etltiiR d
iR-S7-4437i8iti+tat, the business shall be allowed to employe
replacement new btlsiRegS employee fer-tfte-resitieR who may qualify aa
a new employee only sftaii-be-eii9ibie for the unused portion of thS
oriqinal 24 ere~it-rrevi~e~-iR-tftig-seetieR-fer-a-rerie~-ef-tlr-te-l~
consecutiv~ months of , the credit. Tftis-stlbrara9rarft-gftaii-arrly-eRly
te__these_jebs_fer_~ft~eft_a_ere~~t_ftas_beeR_aile~e~_tlR~er-thig-geetieR
fe~_i~_ffieRtftS7--Ne-btlsiReSS-sftail-be-aiie~e~-a-ere~it--fe~--tfte--gaffie
Re~__btlsiRegg--effirleyee--fe~--aRY--re~ie~--e~eee~iR9-i~-ffieRtftS7 This
subparagraph shall not apply more than twice eRee for each jOb
ere6te~__fer__a__Re~__btlsiReSS-effirleyee-fer-~ftieh-tfte-ere~it-ftas-beeR
eiaiffie~.
LAWS OF FLORIDA
fR__Re__eveRt__sftali__~__btlgi~ess--be--aiie~e~~aRy-~~e~it-fe~-aRy-jeb
ere6te~-rtlrgtlaRt-te-tft~s-seet~eR-fer--aRY--re~~e~--~R--e~eesg--ef--24
ffieRtftS7
i9lte+__The__affietlRts-rai~-ag-~6ges-te-Re~-btlsiResg-effirieyees-gftall
be-the-eeffireRsatieR-rai~--te--stleh--effirleyeeg--Re~iY--effirieye~--bY--6
btlsiReSS--~tl~iR9--the--t6~abie--year-aR~-stlbjeet-te-tlReffirleYffieRt-t6~7
The This credit shall apply only to waqes subiect to unemployment tax
and rrevi~e~--iR--this--seetieR shall not apply for any new btlsiReSS
employee whose wages exceed $1,500 per eaieR~6r month. This credit
shall not apply for any new employee who is employed for any period
less than one full month.
(e)t~t If this the credit 9~aRte~-rtlrStlaRt-te-tftis-geetieR is not
ful~used in anyone year, the unused amount may be carried forward
for a period not to exceed 5 years. The ca~ryover credit may be used
in a subsequent year when the tax imposed by this chapter for such
year exceeds the credit for such year tlR~er-thig-geetieR after
applying the other credits and unused credit carryovers in the order
provided in s. 220.02(9).
(2)t6+ When filing for an enterprise zone eeeReffiie-~evitaii~atieR
jobs ereatieR-iReeRtive credit, a business shall provide under oath a
statement includinq:
(a) For each new employee for whom this credit is claimed, his or
her name and place of residence durinq the taxable year.
(b) If applicable, one of the followinq:
1. The identifyinq number assiqned pursuant to s. 290.006 or
290.0065 to the enterprise zone in which the new employee resides;
2. A certification, which includes the identifyinq number, fron
the Department of Labor and Employment Security that the new employeE
is a resident of an enterprise zone; or
3. Such alternative proof as may be prescribed by the department,
with the concurrence of the secretary of the Department of Communit.
Affairs and the secretary of the Department of Labor and Employmenl
Security, that the new employee is a resident of an enterprise zone
iReitl~e--6--eery-ef-tfte-regeitltieR-re~tli~e~-iR-g7-~98788S-~egi9RatiR'
tfte_a~ea_iR_~hieh_a_Re~_btlgiRegg-effirieyee-regi~eg--ag--aR--eRte~rrisl
2060
CHAPTER 84-3~
if a new aft employee of a
Ie no. ~onqer meets the
\e-~eg~t~eft-fe~ wftieft-fte~w8S
Iftd--deeg--ftet--qtiaiifY--fe~
1geftg-ef-fteaitft,-ag-etitiifted
be. ~llowed to employ a
-~eg~t~eft who may qualify
the unused portion of thas
. f. e
tOft- o~ a-pe~~ed of tip-tO-i2
jbpa~a9~apft-gftaii-appiY-Ofti
'-aiiewed-tiftde~-tftig-geetieY
ted-a-e~edit--fe~--tfte--galllft
d. e
--e~eee ~ft9-i2-mofttftg. This
tWlce oftee for each jOb
,~-wftieft-tfte-e~edit-ftag-beeft
iowed~afty-~~edit-fe~-afty-job
--pe~~ed--~ft--exeegg--of--24
ftew-btigiftegg-em~ioyeeg-gftaii
yeeg--ftewiy--empioyed--by--a
gtibjeet-to-tiftempieymeftt-tax-
subiect to unemployment ta~
t apply for any new btigiftegg
ieftda~ month. This credit
o is employed for any period
gtiaftt-to-tftig-geetieft is not
ount may be carried forward
carryover credit may be used
by this chapter for such
ar tiftde~-tftig-geetioft after
dit carryovers in the order
zone eeoftelllie-~evitaiizatieft
;s shall provide under oath a
lis credit is claimed, his or
Ie taxable year.
Jl91.
I pursuant to s. 290.006 or
the new employee resides;
the identifyinq number. from
!curity that the new employee
)rescribed by the departmentL
the Department of Community
tment of Labor and Employment
ident of an enterprise zone.
~ed-ift-g.-2ge.ee5-degi9ftatift9
~-~egideg--ag--aft--eftte~p~ige
CHAPTER 84-356
;.----
LAWS OF FLORIDA
CHAPTER 84-356
~one__aftd__a__eopy--ef--tfte--app~ovai-of-gtleft-by-tfte-gee~eta~y-of-the
gepa~tllleftt_ef_EOmmtlftitY-Affai~g-ptl~gtlaftt-to-g.-2ge.ee6.
iflfb+ If applicable. the identifyinq number assiqned pursuant to
s. 290.006 or s. 290.0065 to the enterprise zone in which the
;D ible business is located or such alternative proof as may be
rescribed b the de artment with the concurrence of the secretar
of the De artment of Communit Affairs that an eli ible business is
located in an enterprise zone. Wfteft--fiiift9--fo~--aft---eeoftomie
revitaiizatioft---jobg---e~eatioft---ifteefttive---e~edit---pti~gtiaftt---to
Stlbpa~a9~aph-fi+fb+2.,--a--btigiftegg--ghaii--ifteitide--a--eopy--ef--the
regoititioft__~eqtii~ed--ift-g.-2ge.ee5-degi9ftatift9-the-a~ea-ift-whieh-the
btlsiftegg_ig_ioeated-ag-aft-eftte~p~ige-zofte-aftd-a-eopy-of-the--ap~~ovai
of__gtieh__by__the__gee~eta~y--of--the-Bepa~tllleftt-of-Eemmtiftity-Affai~g
ptl~gtiaftt-to-g.-2ge.ee6.
(d) If applicable. a certification from the Department of Health
and Rehabilitative Services that the new em 10 ee was a reci ient of
aid to families with dependent children for the 3 months prior to his
~ployment by an eliqible business.
(3) Wheft__fiiift9--fO~--aft--eeoftolllie--~evitaiizatieft-jebg-e~eatioft
ineefttive_e~edit,-a-btigiftegg-ghaii-ifteitide-a-~tatellleftt-ag--get--fe~th
in__thig__gtibgeetioft--whieh--ghaii--be--fiied-tiftde~-Oath-with-the-tax
retti~ft_oft_whieh-the-e~edit-ig-eiaillled.--~he-gtatellleftt-ghaii-get-fe~th
the__ftallle_aftd_piaee-of-~egideftee-ef-eaeh-ftew-btisiftegg-empioyee-oft-the
iagt_day_of_btigiftegg-ift-the-tax-yea~-fe~-whieh-the-e~edit-ig--eiaimed
o~,__if_the_elllpiOyee-ig-fte-iOftge~-elllpieyed-o~-eii9ibie-fo~-the-e~edit
on_that_date,-the-iagt-eaienda~-day-ef-the-iagt-ftiii--eaieftda~--moftth
the__empieyee__ig_elllpieyed-o~-eii9ibie-fo~-the-e~edit. It shall be a
condition precedent to the granting of the credit that each employee
for whom the credit is claimed be a resident of an enterprise zone
during the period the credit is claimed or have been a recipient of
aid to families with dependent children.
(4) It shall be the responsibility of the taxpayer to
affirmatively demonstrate to the satisfaction of the department that
he meets the requirements of this act.
followinq persons shall be deemed not
erson who had been em 10 ed within
business claiminq this credit:
averaqe employment
ur oses
year.
(b) Each person hired who
ern 10 ment as calculated under
is true:
represent an increase in
if one of the followin
1. The person is employed at a location more than 100 miles from
the location at which the prior employee was employed;
2. The person is employed in a position that has a different
classification for workers' compensation insurance purposes than the
position of the prior employee;
3. The person performs duties substantiallY different from those
of the prior employee; or
2061
,I j di...U.UJ.U~A. j U J I
...
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 8~
be deemed
4. Such other indications are resent as ma
sufficient by the department.
purpose of this section,
eriod from an
means either a
month to the
lf there is no
the last day of the
month
(7 )
allowed an
business em
claimed this credit shall not be
of s. 212.096 for an new
after Januar 1 1987.
No business which files an amended return
for a taxable year shall be allowed any amount
ursuant to s
of credit o~
/
f5+__~he_de~a~~men~_shaii-~~emtli9a~e-any-~tlieS-neeessa~y-~e-enstl~e
~he_e~de~iy_im~iemen~a~ien-and-adminis~~a~ien-ef-~his-ae~~
f6+__~he__see~e~a~y__ef__~he-Be~ar~men~-ef-Eemmtlni~y-Affai~s-shail
a~~~eYe_e~eas_a~~~e~~ia~e-fe~-~he-~tl~~eses-ef-~his--see~ien--~tlrstlan~
~e-s~-2ge~ee6~
1lQlf~+ The provisions of this section, except subsections (1) (e)
and (9) ~a~a9~a~h-fi+fd+, shall expire and be void on June 30, 1994
Ba6.
Section
as amended
repealed,
(4), (5),
to read:
40. Subsection (9) of section 220.182, Florida Statutes.
by chapters 82-119 and 83-55, Laws of Florida, is hereby
and paragraph (a) of subsection (1) and subsections (2).
(6), (10), (11). (12), and (13) of said section are amended
220.182 Enterprise zone property Eeenemie--~eYi~aii~a~ien tax
ineen~iYe credit.--
(l)(a) There shall be allowed a credit against the tax imposed by
this chapter to any business which establishes a new business as
defined in s. 220.03(1)(p)2., expands an existing business as defined
in s. 220.03(1)(k)2., or rebuilds an existing business as defined in
s. 220.03(1)(u) in this state. The credit shall be computed annually
as ad valorem seheei taxes paid in this state, in the case of a new
business; the additional ad valorem seheei tax paid in this state
resulting from assessments on additional real or tangible personal
property acquired to facilitate the expansion of an existing
business; or the ad valorem seheei taxes paid in this state resulting
from assessments on property replaced or restored, in the case of a
rebuilt business, including pollution and waste control facilities.
2062
.IDA
CHAPTER 84-3~
nt as may reasonably be deem~
,ction, "month" means either a
any day of any month to the
,edinq month or, if there is no
lq month, the last day of the
.med this credit shall not be
of s. 212.096 for any new
after January 1, 1987.
amended return pursuant to s.
)wed any amount of credit or
;ection in excess of the amount
11 return for the taxable year.
L not apply to increases in the
:tion on an amended return due
liously carried forward for the
any eliqible prior year under
inq this credit shall be liable
jatory penalty of 100 percent
te provided in chapter 214, and
e second deqree, punishable as
s. 775.084.
e-e~y-rtlieS-~eeessery-~o-e~stlre
~re~io~-of-~his-ee~.
me~~-of-€ommtl~i~y-Affeirs-skeii
oses-of-~kis--see~io~--~tlrstle~~
tion, except subsections (l)(e)
and be void on June 30, 1994
tion 220.182, Florida Statutes,
,5, Laws of Florida, is hereby
,ection (1) and subsections (2),
13) of said section are amended
Beo~omie--revi~e1ize~io~ tax
.edit against the tax imposed by
;tablishes a new business as
an existing business as defin~d
!xisting business as defined 1n
:edit shall be computed annually
is state, in the case of a new
!m sehooi tax paid in this state
lal real or tangible personal
:he expansion of an exist~ng
Kes paid in this state result1ng
~d or restored, in the case of a
and waste control facilities,
~PTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
or any part thereof, and including one or more buildings or other
structures, machinery, fixtures, and equipment.
(2) The credit shall be available to a new business for a period
not to exceed the year in which ad valorem sekooi taxes are first
levied against the business and the 9 years immediately thereafter.
The credit shall be available to an expanded existing business for a
period not to exceed the year in which ad valorem sekooi taxes are
first levied on additional real or tangible personal property
acquired to facilitate the expansion or rebuilding and the 9 years
immediately thereafter. No business shall be entitled to claim the
credit authorized by this section, except any amount attributable to
the carryover of a previously earned credit, for more than 10
consecutive years.
(4) When filing for
revi~e1iz6~io~ tax i~ee~~ive
shall include a copy of its
sehool taxes for the current
an enterprise zone property eeo~omie
credit as a new business, a business
receipt indicating payment of ad valorem
year.
(5) When filing
revi~aiiz6~io~ tax
business, a business
payment of ad valorem
existing property and
for an enterprise zone property eeo~omie
i~ee~~ive credit as an expanded or rebuilt
shall include copies of its receipts indicating
sekooi taxes for the current year for prior
for expansion-related or rebuilt property.
/
(6) The receipts described in subsections (4) and (5) shall
indicate the assessed value of the property, the property sekooi
taxes paid, a brief description of the property, and an indication,
if applicable, that the property was separately assessed as
expansion-related or rebuilt property.
12l+ie+--f~--~ke--eese--of--6--btlsi~ess--qtl6iifyi~g--by--reeso~-of
es~abiishi~g-five-or-more-~ew-jobs-em~loyi~g-five-or-more--eddi~io~ei
ftlii-~ime--em~ioyees,--e--s~6~eme~~--es--se~-for~k-i~-~his-stlbsee~io~
skaii-be-fiied-tl~der-oe~k-wi~h-~he-i~eome-~ex--re~tlr~--o~--wkiek--~he
eredi~--is-eieimed.--The-ste~eme~~-skaii-set-for~h-~ke-~eme-e~d-~leee
ef-reside~ee-of-eaek-em~ioyee-o~-tke-ias~-dey-of-btlsi~ess-of-~ke--tax
yeer-for-whieft-~ke-eredi~-is-eieimed-or,-if-tke-em~ioyee-is-~o-lo~ger
em~ioyed-o~-~ket-d6te,--tke--i6s~--eeie~d6r--day--of--tke--iest--ftl1i
eaie~dar--mo~tk--the-em~ioyee-is-em~ioyed-e~-~fte-reieve~~-site. When
filing for an enterprise zone property eeo~omie--revitaiizetio~ tax
i~ee~~ive credit as an expansion of an existing business, it shall be
a condition precedent to the granting of each annual tax credit that
there shall have been, throughout each year during the 10-year
period, no fewer than five more employees than in the year preceding
the initial granting of the credit. Ptlr~ker,-i~-sha11-be-a-eo~ditio~
~reeede~~-~o-gr6~~i~g-of-~ke--eredi~--thet--e--me;ority--of--eli--~ew
em~loyees-be-reside~~s-of-6~-e~~er~rise-zo~e.
(10)+11+ To be eliqible for an enterprise zone property tax
credit, a new, expanded or rebuilt business shall provide a
statement, under oath, o~ the form prescribed by the department for
claiminq the credit authorized by this section. that no less than 20
percent of its employees are residents of an enterprise zone,
excludinq temporary employees. It shall be a condition precedent to
the qrantinq of each annual tax credit that the employment
requirements established by this subsection be fulfilled throuqhout
each year durinq the 10-year period of the credit. Whe~-fi1i~g-for
a~-eeo~omie-revite1izatio~-~ax-i~ee~~ive-eredit-es-e-~ew--or--rebtli1~
btlsi~ess,--a-~ew-or-rebtli1t-btlsi~ess-she11-i~e1tlde-a-ste~eme~t-es-se~
2063
1
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER 84-~
forth_in_thi~-~eetion-Whieh-~hall-be-filed-tlnder-oath--with--th
rettlrn_on_whieh-the-eredit-i~-elaimed~ The statement shall sete~-ta~
the name and place of residence of each permanent employee 0 orth
last day of business of the tax year for which the credit is c~ ,the
or, if the employee is no longer employed or eligible for the c~lmed
on that date, the last calendar day of the last full calendar edlt
the employee is employed or eligible for the credit at the relmonth
site. When__filin9__for--an--eeonomie--revitali~ation-ta~-ineee~ant
eredit_a~_a__new--or--rebtlilt--btl~ine~~---it--~hall--be--a-- R ~Ve
, ' . eOR~~t~Oft
~reeedent__to__t~e--9raRt~R9--of--the--ered~t--that-a-majority-of-all
em~lOyee~_be_re~~dent~-of-an-enterpr~~e-~one~
to
or such
with the
(12)tl3t The provisions of this section shall expire and be void
on ~e~ember 31, 1994 1986, and no business shall.be al~owe~ to begin
clalmlng such enterprlse zone property eeonom~e-rev~tal~~atioR tax
ineentive credit after that date; however, the expiration of this
section shall not affect the operation of any credit for which a
business has qualified under this section prior to December 31, 1994
1986, or any carryforward of unused credit amounts as provided in
paragraph (l)(b).
Section 41. Subsections (3), (4), (5), (6), and (7) of section
220.183, Florida Statutes, are amended to read:
220.183 Community contribution tax credit.--
(3) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX CREDITS;
LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM SPENDING.--
(a) There shall be allowed a credit of 50 percent of a community
contribution against any tax due for in a taxable fi~eal year under
this chapter.
(b) No business firm shall receive more than $200,000 in annual
tax credits for all approved community contributions.
(c) The total amount of the tax credit which may be granted for
~ programs approved under this section and s. 624.5105 aet is
$3,000,000 annually.
(d) All proposals for the granting of the tax credit shall
require the prior approval of the secretary.
(e) If the credit granted pursuant to this section is not fully
used in anyone year, the unused amount may be carried forward for a
period not to exceed 5 years. The carryover credit may be used in a
subsequent year when the tax imposed by this chapter for such year
exceeds the credit for such year under this section after applyinS
the other credits and unused credit carryovers in the order provide'
in s. 220.02(9).
2064
~ CHAPTER 84-356
-
~-~nde~-oatft--witft--the-_tax
he statement shall set forth
Der~anent empl?ye~ on the
Wh1Ch the cred1t 1S claimed
or eligible for the credit
the last full calendar month
the credit at the relevant
~eYitaiiEation-tax-ineentiye
-it--shaii--be--a--eondition
edit--that-a-ma;o~ity-ef-aii
~ne.
prise zone property eeenomie
usiness shall include the
s. 290.006 or s. 290.0065~
ness is located, or such
by the department, with the
tment of Community Affairs
erprise zone. a-eopy-of-th~
tin9-the-a~ea-in--whieft--the
.
ion shall expire and be void
s shall be allowed to begin
eeenomie-~eyitaiiEatien tax
, the expiration of this
on of any credit for which a
prior to December 31, 1994
redit amounts as provided in
(5), (6), and (7) of section
read:
edi t.--
TY CONTRIBUTION TAX CREDITS;
GRAM SPENDING.--
of 50 percent of a community
taxable fiseai year under
more than $200,000 in annual
ntributions.
dit which may be granted for
and s. 624.5105 aet is
g of the tax credit shall
ry.
to this section is not fully
ay be carried forward for a
over credit may be used in a
his chapter for such y~ar
this section after applY1ng
overs in the order provided
Q!APTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
(4) ELIGIBILITY REQUIREMENTS.--
(a) All community contributions by a business firm shall be in
the form specified in s. 220.03(1)(d).
(b) All community contributions must be reserved exclusively for
use in projects as defined in s. 220.03(1)(t).
(c) The project must be undertaken by an "eligible sponsor,"
defined here as:
1. A community action program;
2. A community development corporation;
3. A neighborhood housing services corporation;
4. A local housing authority, created pursuant to chapter 421;
5. A community redevelopment agency, created pursuant to s.
163.356;
6. The Florida Industrial Development Corporation;
7. An historic preservation district; o~
8. A private industry council; or
9.8. Such other agency as the secretary may, from time to time,
designate by rule.
In no event shall a contributing business firm have a financial
interest in the eligible sponsor.
(d) Except as provided below, the project shall be located in one
of the following areas, subject to approval of the secretary:
1. An area designated as blighted under s. 163.355.
2. A community development block qrant proqram nei9ftbo~ftood
st~ate9Y area.
3. A neighborhood housing services area.
4. An historic preservation district.
5. Such other area as the secretary may from time to time
designate by rule.
6. Any area designated as an enterprise zone pursuant to s.
290.005 or s. 290.0055.
Any project designed to construct or rehabilitate low-income housing
is exempt from the area requirement of this paragraph.
(5) APPLICATION REQUIREMENTS.--
(a) Any eliqible sponsor b~siness-fi~m wishing to participate in
this program must submit a proposal to the department which sets
2065
Wl
CHAPTER 84-356
CHAPTER 84~
forth the sponsor, the project, the area in which the pro' .
located, and such supporting information as may be prescri~e~t 1S
rule. ~he__gpoftgo~--ghall--ve~~fy--the--te~mg--of--the-p~opoge1_ by
~ftdieate-w~ll~ft~ftegg-to--~eeeive--the--p~opoged--eoftt~ibtitioft--~ ~aftd
., . ~, h' .. A ' 'o(nteh
ve~tfteattoft--gnalr--oe--tft--w~tttft~-afto-aeeompafty-the-p~opOgal~ Th
pr?po~al shall.also conta1n a resolut1on from the local government e
un1t 1n Wh1Ch 1t 1S located cert1fY1ng that the proJect is consist al
with local plans and regulations. ent
LAWS OF FLORIDA
(b) Any business wishinq to participate in this proqram must
submit an application for tax credit to the department which sets
forth the sponsor, the prolect, and the type, value and purpose of
the contribution, and such sponsor shall verifY. the terms of the
application and indicate willinqness to rece1ve the contribution
which verification shall be in writinq and shall accompany th~
application for tax credit.
(c)fbt The business firm must submit a separate application for
tax-credit p~opoga1 for each individual contribution p~ojeet--fo~
which it proposes to contribute to each individual prolect.
(6) ADMINISTRATION.--
(a) The department is authorized to promulgate all rules
necessary to administer this section, including rules for the
approval or disapproval of proposals by business firms.
(b) The decision of the secretary shall be in writing, and, if
approved, the proposal shall state the maximum credit allowable to
the business firm. A_eopy_of_the_dee~g~oft-ghal1-gtate-the-max~mtim
e~edit-a1lowable-to-the-btigiftegg-fi~m~ A copy of the decision shall
be transmitted to the Executive Director of the Department of
Revenue, who shall apply such credit to the tax liability of the
business firm ift_that_yea~~_No_e~edit-app~oved-ift-6fty-ye6~-gh611-be
exteftded-to-gtlbgeqtieftt-yea~g.
(c) The department shall periodically monitor all projects in a
manner consistent with available resources to ensure that resources
are utilized in accordance with this section; however, each prolect
shall be reviewed no less than once every 2 years.
(d) The Department of Revenue shall promulgate any rules
necessary to ensure the orderly implementation and administration of
this section.
(7) EXPIRATION.--The provisions of this section, except paragraph
(3)(e), shall expire and be void on June 30, 1994 1986.
Section 42. Section 290.001, Florida Statutes, is amended to
read:
290.001 Florida Enterprise Zone Act of-1982; short title of ss.
290.001-290.015 29a~a12.--
(1) Sections 290.001-290.015 29a~a12 may be cited as the "Florida
Enterprise Zone Act of-1982."
(2) This section shall stand repealed on December 31, 1994 1986.
Section 43. Subsection (2) of section 290.002, Florida Statutes,
is amended to read:
2066
CHAPTER 84~
rea in which the project is
as may be prescribed b
te~mg--6f--the-~~6~6ga!_a ~
~ .b. fta
~6gea--e6ftt~~ tlt~6ft,--whieh
=e6m~afty-the-~~e~ega!. The
rom the l~cal .governmental
t the proJect IS consistent
ipate in this proqram must
1e department which sets
tY~e, value and purpose of
lerlfy. the terms of the
) receIve the contribution
and shall accompany th~
a separate application for
contribution ~~ejeet--fo~
lividual pro;ect.
to promulgate all rules
including rules for the
; i ness firms.
lall be in writing, and, if
.mum credit allowable to
:6n-gha!!-gtate-the-maximtlm
:opy of the decision shall
:or of the Department of
Ie tax liability of the
l~6ved-in-any-yea~-gha!!-be
: monitor all projects in a
to ensure that resources
.ion; however, each pro;ect
: years.
,11 promulgate any rules
ion and administration of
section, except paragraph
, 1994 !986.
Statutes, is amended to
I f-1982; short title of ss.
y be cited as the "Florida
on December 31, 1994 1986.
290.002, Florida Statutes,
]
1
giAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
290.002 Legislative findings.--
(2) This section shall stand repealed on December 31, 1994 1986.
Section 44. Section 290.003, Florida Statutes,
read:
is amended to
290.003 POlicy and purpose.--
(1) It is the policy of this state to provide the necessary means
to assist local communities, their residents, and the private sector
in creating the proper economic and social environment to induce the
investment of private resources in productive business enterprises
located in severely distressed areas and to provide jobs for
residents of such areas. In achieving this objective, the state will
seek to provide appropriate investments, tax benefits, and regulatory
relief of sufficient importance to encourage the business community
to commit its financial participation. The purpose of ss. 290.001-
290.015 299.912 is to establish a process that clearly identifies
such severely distressed areas and provides incentives by both the
state and local government to induce private investment in such
areas. The Legislature, therefore, declares the revitalization of
enterprise zones, through the concerted efforts of government and the
private sector, to be a public purpose.
(2) This section shall stand repealed on December 31, 1994 1986.
Section 45. Section 290.004, Florida Statutes, is amended to
read:
290.004 Definitions; terms used in ss. 290.001-290.015 299.912.--
(1) As used in ss. 290.001-290.015 299.912, the term:
(a) "Enterprise zone" means:
1. An area in which there is a predominance of buildings or
improvements, whether residential or nonresidential, which by reason
of dilapidation; deterioration; age or obsolescence; inadequate
provision for ventilation, light, air, sanitation, or open space;
high density of population and overcrowding; the existence of
conditions which endanger life or property by fire or other causes;
or any combination of such factors is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, or
crime and is detrimental to the public health, safety, morals, or
welfare; or
2. An area in which there are a substantial number of slum,
deteriorated, or deteriorating structures 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
impair or arrest the sound growth of a county or municipality 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
accessibility, or usefulness.
relation
size,
adequacy,
to
c. Unsanitary or unsafe conditions.
2067
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 35
~
d. Deterioration of site or other improvements.
e. Tax or special assessment delinquency exceeding the fair value
of the land.
f. Diversity of ownership or defective or unusual conditions
title which prevent the free alienability of land within t~ef
deteriorated or hazardous area.
(b) "Department" means the Department of Community Affairs.
(c) "Secretary" means the Secretary of Community Affairs.
(d) "Governing body" means the councilor other legislative body
charged with governing the county or municipality.
I
I
1
(2) This section shall stand repealed on December 31, 1994 1986.
Section 46. Section 290.0055,
read:
Florida Statutes,
is created to
290.0055 Local authorization of enter rise zones after Januar
1986' re uirements' a lication for state a rova1.--
(1) An
creation of
adoption by
(a) Finds that an area exists in such count or
both which exhibits the characteristics of an enter
or
(b) Determines that the rehabilitation. conservation or
redeve1o~ment. or a combination thereof of such area is necessary in
the interest of the public health. safety, morals and welfare of the
residents of such county or municipality, or both; and
(c) commits to
participation in the
s. 290.0065 that is to be considered
the a 1ication of the count or
of the area under s. 290.0065.
ro ram of local
under
in evaluatinq
f or a roval
(2) The qoverninq body of counties defined in s. 125.011(1) shall
authorize the creation of all enter rise zones within such counties.
ether
However
creation of
(4) Each area authorized to be an enterprise zone shall have:
(a) A continuous boundary;
2 500 or 10
or both
(c) Not less than 40 ercent of
commercial or industrial uses and not less than
land area available for residential uses
2068
DA
CHAPTER 84-356
~
.provements.
ency exceeding the fair value
tive or unusual conditions of
bility of land within the
t of Community Affairs.
of Community Affairs,
cil or other legislative bOdy
icipality.
ed on December 31, 1994 1986.
ida Statutes, is created to
rprise zones after January l~
e approval.--
both toqether, may authorize
January 1, 1986, throuqh
of a resolution which:
ch county or municipality, or
of an enterprise zone:
litation, conservation or
of such area is necessary in
ty, morals and welfare of the
, or both: and
articular proqram of local
r said area is received under
the department in evaluatinq
ality, or both. for approval
efined in s. 125.011(1) shall
zones within such counties.
oth toqether. shall authorize
zone. However. any county
ize creation of up to four
terprise zone shall have:
ed the qreater of 2,500 or 10
or municipality, or both,
se zone: and
the land area available for
ss than 40 percent of the
as determined by the zoninq
@PTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
of the area, excludinq the land area used for public facilities,
grior to ~he passaqe of the resolution authorizinq the creation of
!he enterprIse zone.
(5) The total population of all areas authorized to be enterprise
zones in a county defined in s. 125.011(1) shall not exceed 10
~rcent of the total population of such a county. The population of
a county, other than a county defined in s. 125.011(1), shall be the
~incorporated area population of such a county.
(6) Upon adOPtion of a resolution authorizinq the
enterprise zone meetinq the requirements of this
gpverninq body or bodies shall make application to the
such form as the department may require, for approval
Rursuant to s. 290.0065.
(7) This section shall stand repealed December 31, 1994.
creation of an
section, the
department, in
of said area
Section 47. Subsection (3) of section 290.006, Florida Statutes,
is renumbered as subsection (5), and new subsections (3) and (4) are
added to said section to read:
290.006 State approval of designated enterprise zones.--
(3) Upon approval by the secretary of a resolution desiqnatinq an
area as an enterprise zone pursuant to subsection (2). the department
shall assiqn a unique identifyinq number to each resolution. The
department shall provide the Department of Revenue and the Department
of Labor and Employment Security with a copy of each resolution
approved pursuant to subsection (2), toqether with its identifyinq
number. The provisions of this subsection shall also apply to any
area approved pursuant to subsection (2) prior to January 1, 1987.
(4) No area shall be approved pursuant to this section after June
30, 1984.
Section 48. Section 290.0065, Florida Statutes, is created to
read:
290.0065 State approval of areas authorized to be enterprise
zones.--
(1) Upon application of the qoverninq body
municipality, or both iointly, pursuant to s.
department shall determine which areas authorized
bodies are the most appropriate for the purposes of
enumerated in s. 290.007. The department shall
approve up to 5 areas within each of the cateqories
subsection (3)(a): however, such approval shall
prior to January 1, 1987.
of a county or
290.0055, the
by said qoverninq
the incentives
be authorized to
established in
not be effective
(2) Each application made pursuant to s. 290.0055 shall be ranked
competitively within the appropriate cateqory established pursuant to
subsection (3) based on economic, social, physical and fiscal
distress and local qovernment participation in community
redevelopment. Economic, social. physical and fiscal distress shall
be weiqhted 65 percent. Local qovernment participation shall be
weiqhted 35 percent.
(3)(a) Any areas authorized to be an enterprise zone pursuant to
s. 290.0055 shall be placed in one of the fOllowinq four cateqories:
2069
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 3.?&
1. Communities consistinq of census tracts ln urbanized
with a total population of 150,000 or more. are~
2. communities consistinq of census tracts in urbanized
with a total population of 50,000 or more but less than l50,OOO.areas
7 500 or
3. Communities consistin
more but less than 50 000 and
of cities with a 0 ulation of less
4. Communities consistin
than 7,500.
(b) Areas
and a munici
established
munici~alit
that no less than 60 percent of the population
to be an enter rise
authorized to be
125.011(1) shall be laced in the
the municipality in which the area
considered had the municipality authorized
enter rise zone. Areas authorized to
county defined in s. 125.011(1) which are located
munici alities shall be laced in the
a_~lication b the munici alit with the hi hest
residents in said area would have been
munici alit authorized said area to be an
county defined in s. 125.011(1) shall be allowed more than one
a lication in each of the cate ories established in paraqraph (a).
( 4 ) ( a ) The
the approval by
rules necessar for
section.
(b) Such rules shall rovide for the
Conservation Index which shall be used to
h sical and fiscal distress. Said index
shall be constructed usin data from the 1980 census.
use but shall not be limited to the followin
1. The percentaqe of housinq units in the area built more than 30
years aqo.
2. The percentaqe of year-round housinq units in the area that
are vacant rental housinq units.
3. The percentaqe of housinq units in the area that lack some or
all plumbinq facilities.
4. The per capita income in the area.
5. The percentaqe chanqe in per capita income in the area from
the prior year to the current year.
6.
a e of
in the area that is over the
the a e of 18.
7.
The unemployment rate in the area.
8. The percentaqe of the population in the area with incomes
below the poverty level.
2070
CHAPTER 84-3~
tracts in urbanized
are~
-'-
tracts in urbanized areas
but less than 150.000.
th a population of 7.500 or
.ed census places.
with a population of less
.prise zone by. both a count~
the appropr~ate. cateqory
lich an applIcatIon by the
ld it acted alone. provided
ltion of the area authorized
said municipality. Areas
by a county defined in s.
, in which an application by
.s located would have been
.zed said area to be an
be an enterprise zone by a
located in two or more
:he cateqory in which an
:he hiqhest percentaqe of
been considered had said
an enterprise zone. No
be allowed more than one
lblished in paraqraph (a).
late any rules necessary for
ler th is sect ion.
construction of a Community
determine economic, social.
to the extent appropriate,
.980 census. The index may
.owinq factors:
the area built more than 30
Isinq units in the area that
I the area that lack some or
>ita income in the area from
In the area that is over the
: the aqe of 18.
>n in the area with incomes
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 356
9. The per capita taxable value of property in the area.
10. The percentaqe chanqe in per capita taxable value of property
in the area from the prior year to the current year.
11. The per capita local taxes levied in the area.
In communities consistinq of census tracts in urbanized areas with a
t?tal pop~lation of 50.000 or more, economic. social. physical and
fIscal dIstress for each area authorized to be an enterprise zone
shall be determined by averaqinq the Community Conservation Index
score for each census tract in the area authorized to be an
enterprise zone. In communities with a population of less than
50.000. economic. social. physical and fiscal distress shall be
determined throuqh the use of the Community Conservation Index.
(c) Such rules shall provide for the evaluation of the level of
local qovernment participation authorized by qoverninq bodies
gursuant to s. 290.0055(1)(c) based on the followinq factors:
1. The.adoPtion of the local option economic development property
tax exemptIon referendum pursuant to s. 196.1995 and a commitment
from the applyinq qoverninq body or bodies to qrant such exemptions
in the area authorized to be an enterprise zone.
2. The adoPtion of occupational license fee abatement pursuant to
s. 205.054.
3. The adoPtion
166.231(8).
of utility tax abatement pursuant to s.
4. The tarqetinq of locally qenerated funds to be expended for
capital pro;ects in specified amounts to the area authorized to be an
ent~r~ris~ zone in a manner ~emonstratinq the priority the county or
munIcIPalIty places on communIty redevelopment in said area.
5. The eliqibility of the area authorized to be an enterprise
zone for the Urban Development Action Grant Proqram.
6. The commitment of specific additional local qovernment
services to the area authorized to be an enterprise zone in a manner
demonstratinq the priority the county or municipality places on
community redevelopment in said area.
7: .The tarqetinq of federal community
specIfIed amounts to the area authorized to be
a manner demonstratinq the priority the county
on community redevelopment in said area.
development funds in
an enterprise zone in
or municipality places
8. The adoPtion of a community redevelopment plan pursuant to s.
163.360 and an ordinance fundinq a community redevelopment trust fund
for the area authorized to be an enterprise zone pursuant to s.
163.387.
9. A commitment to reduce the impact of specific local qovernment
requlations within the area authorized to be an enterprise zone in a
manner demonstratinq the priority the county or municipality places
on community redevelopment in said area.
2071
,i jjllHHHlilllll,
idl
"""'-""-'1
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
-------=.
bonds for proie
zone. ~
10. A commitment to issue industrial revenue
located in the area authorized to be an enterprise
These rules shall assiqn relative weiqht to each of said factors .
the order listed, from most important to least important; however Ul
factor shall be weiqhted qreater than 20 percent of the t~t~
allocated for local qovernment participation under subsection (2) ~
no factor shall have the same weiqht as any other factor ;~
department may provide for a variation of the value of a particul e
factor, where appropriate, based on expenditures or revenues foreqO~r
per resident of the area authorized to be an enterprise zone. e
(5) In the event the department determines that one or more
census tracts in an area authorized to be an enterprise zone in a
community with a population of 50,000 or more is inconsistent With
the intent expressed in s. 290.002, the department may, on a case b~
case basis, exclude from such an application one or more census
tracts, or Qortion thereof, which are not within the top 20 percent
of the most distressed communities ranked on the Community
Conservation Index pursuant to paraqraph (4)(b). In the event the
department determines that a portion of an area authorized to be an
enterprise zone in a community with a population of less than 50,000
is inconsistent with the intent expressed in s. 290.002, the
department may, on a case by case basis, exclude from such area any
portion thereof which does not exhibit hiqher levels of economic
social, physical or fiscal distress than those which exist for th~
communit as a whole based on the factors set forth in ara ra h
(4 }(b).
(6) The department shall be authorized to rescind the approval of
any area previously approved under this section if it determines that
the county or municipality, or both, which authorized such area to be
an enter rise zone ursuant to s. 290.0055 have not com lied with
commitments made in the resolution re uired in said section.
action taken to rescind a roval for an area shall be sub'ect to the
~rovisions of cha ter 120. Such action shall not act to den credits
or exemptions previously qranted or affect any bonds that have been
issued.
(71 U on
area to be
department
resolution.
an
the
(8) No area shall be approved pursuant to this section after
January 1. 1987.
(9) This section shall stand repealed December 31, 1994.
Section 49. Section 290.007, Florida Statutes,
read:
is amended to
290.007 Incentives and programs available in enterprise zones.--
(1) STATE INCENTIVES AND PROGRAMS.--The following incentives and
programs are provided by the state to encourage the revitalization of
enterprise zones:
2072
CHAPTER 84-~
,1 revenue bonds for proiec~
!nterprise zone.
~
It to e~ch of said factors in
least important; however, no
In 20 percent of the total
:ion under subsection (2) and
It as any other factor. The
, the value of a particular
Iditures or revenues foreqone
! an enterprise zone.
determines that one or more
! an enterprise zone in a
or more is inconsistent with
jep~rtm~nt may, on a case bV
JPlication one or more census
t within the top 20 percent
ranked on the Community
(4)(b). In the event the
f an area authorized to be an
Julation of less than 50,000
ressed in s. 290.002, the
exclude from such area any
it hiqher levels of economic,
those which exist for the
actors set forth in paraqraph
ed to rescind the approval of
section if it determines that
ch authorized such area to be
55 have not complied with the
equired in said section. Any
area shall be subiect to the
shall not act to deny credits
ct any bonds that have been
f a resolution authorizinq an
uant to this section. the
identifyinq number to said
e the Department of Revenue
yment Security with a copy of
its identifyinq number.
,ursuant to this section after
'd December 31. 1994.
da Statutes, is amended to
lable in enterprise zones.--
'-The following incentives and
Icourage the revitalization of
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
(a) The enterprise zone eeoRomie--revitaii~atioR jobs ereatioR
ineeRtive credit provided in s. 220.181.
(b) The enterprise zone property eeoRomie--revitaii~atioR tax
ineeRtive credit provided in s. 220.182.
(c) The community contribution tax credit provided in s. 220.183.
(d) The community development corporation support and assistance
program provided in ss. 290.0301-290.038.
(e) The sales tax exemption for buildinq materials used in the
rehabilitation of real property in enterprise zones provided in s.
212.08(5)(f).
(f) The sales tax exemption for business equipment used in an
enterprise zone provided in s. 212.08(5)(q).
(q) The sales tax exemption for electrical enerqy used in an
enterprise zone provided in s. 212.08(12).
(h) The credit aqainst the sales tax for iob creation in
enterprise zones provided in s. 212.096.
(2) LOCAL INCENTIVES.--The following incentives are available
from local governments to encourage the revitalization of enterprise
zones:
(a) Economic development ad valorem tax exemption 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.
(d) Municipal utility tax exemPtion pursuant to s. 166.231(8).
(e) Occupational license tax exemption pursuant to s. 205.054.
(3) This section shall stand repealed on December 31, 1994 1986.
Section 50. Section 290.008, Florida Statutes, is amended to
read:
290.008 Federal enterprise zone programs; application.--
(1) Upon enactment of enterprise zone legislation by the Congress
of the United States and approval by the President of the United
States, the department shall prepare and submit, in a timely fashion,
all information and forms necessary to permit eligible enterprise
zones approved pursuant to s. 290.006 or s. 290.0065 to be considered
as eligible areas under any similar federal program.
(2) This section shall stand repealed on December 31, 1994 i986.
Section 51. Section 290.009, Florida Statutes, is amended to
read:
290.009 Assistance of certain departments required.--
CHAPTER 84-356 LAWS OF FLORIDA CHAPTER 84-12&
(1) The Department of Commerce, the Department of Labor
Employment Security, the Department of Health and Rehabilitatand
Services, the Department of Revenue, and the Department of Commun~~
Affairs shall assist in the implementation of this chapter toget~ty
with the incentives and programs listed in s. 290.007, to the ext er
that such assistance, including the provision of information abent
ss. 290.001-290.015 298,812 and its components to interested perso~ut
is consistent with the powers and duties of such departments s,
established by general law. as
(2) This section shall stand repealed on December 31, 1994 1986.
section 52. Section 290.013, Florida Statutes, is created to
read:
290.013 Requlatory relief; state
required; procedures; annual report.--
aqency reviews of rules
(1) Each state a enc rule ado ted after Januar 1 1987 where
applicable, shall provide encouraqements and incentives which will
increase rehabilitation renovation restoration, improvement, or new
construction of housinq and which will increase the economic
viability and profitability of business and commerce located within
areas authorized to be enterprise zones pursuant to s. 290.0055 and
a roved b the secretar ursuant to s. 290.0065. In addition, each
state a enc shall review the rules which it administers which ma
ne ativel im act u on the rehabilitation renovation restoration
im rovement or new construction of housin or u on the economic
viability and profitability of business and commerce located within
areas authorized to be enterprise zones pursuant to s. 290.0055 and
approved by the secretary pursuant to s. 290.0065, and shall take the
necessary steps to waive, modifY, or otherwise minimize the adverse
effects of such rules u on the rehabilitation, renovation,
restoration im rovement or new construction of housin or u on the
economic viability and profitability of business and commerce located
in areas authorized to be enterprise zones pursuant to s. 290.0055
and approved by the secretary pursuant to s. 290.0065.
(2 )
waive
is:
Nothin
modif
in this section shall authorize an
rovide exce tions or otherwise alter
re uired to im lement or enforce an
leqislative intent thereof;
protect persons aqainst discrimination on the
reli ion sex marital status, national oriqin,
(b) Desiqned to
basis of race color
aqe, or handicap; or
(c) Likely to present a siqnificant risk to the public healthL
public safety, or the environment of the state.
(3) The modification or waiver of an rule
section shall be accom lished in accordance with
chapter 120.
ursuant to this
rovisions of
2074
CHAPTER 84-3~
Department of Labor and
ealth and Rehabilitative
he Department of Community
of this chapter together
s. 290.007, to the extent
on of information about
nts to interested persons,
of such departments as
n December 31, 1994 %986.
Statutes, is created to
aqency reviews of rules
ter January 1, 1987, where
d incentives which will
ation, improvement, or new
increase the economic
nd commerce located within
suant to s. 290.0055 and
0.0065. In addition, each
t administers which may
, renovation, restoration,
q or upon the economic
nd commerce located within
suant to s. 290.0055 and
'0.0065, and shall take the
'ise minimize the adverse
,habilitation, renovation.
on of housinq or upon the
,iness and commerce located
pursuant to s. 290.0055
'. 290.0065.
horize any state aqency to
'wise alter any rule which
or enforce any statutory
~
linst discrimination on the
11 status, national oriqin,
risk to the public health,
:ate.
any rule pursuant to this
! with the provisions of
:ate aqency shall. no later
.dent of the Senate and
)y letter of the activities
:t ion. The letter shall
)Pted durinq the prior year
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
which contains provisions or excePtions desiqned to accomplish the
obiectives of this section and a list of each previously existing
aqency rule modified or waived pursuant to this section durinq the
prior year.
(5) This section shall stand repealed on December 31, 1994.
Section 53. Section 290.014, Florida Statutes, is created to
read:
290.014 Annual report on enterprise zones.--
(1) Each county or municipality, or both toqether. which
authorizes the creation of an enterprise zone pursuant to s. 290.0055
which is approved pursuant to s. 290.0065 shall submit an annual
report to the department, in such form as the department may require.
on or before March 1 of each year, which shall include, but not be
limited to:
(a) A list of local incentives for community redevelopment
available in said area durinq the prior year.
(b) The usaqe and revenue impact of the local incentives the
qoverninq body committed to provide in the area in the resolution
required in s. 290.0055.
(c) The number of business establishments located in the area
durinq the prior year and the number of business establishments
located in said area the year prior to the approval of the area as an
enterprise zone.
(d) A COpy of the report required pursuant to s. 103 of the
Internal Revenue Code of 1954, as amended. for all industrial revenue
bonds issued to finance proiects located in said area durinq the
prior year.
(e) A copy of the list required pursuant to s. 193.077(3),
(f) Information required pursuant to the research desiqn provided
for in s. 290.015(1).
(2) The department shall submit an annual report to the Governor
and the Leqislature by March 1 of each year detailinq the information
provided pursuant to subsection (1) and includinq information on the
usaqe and revenue impact of the state incentives listed in s.
290.007(1).
(3) This section shall stand repealed on December 31. 1994.
Section 54. Section 290.015, Florida Statutes, is created to
read:
290.015 Evaluation and review.--
jj
(1) Prior to January 1, 1986, the department shall prescribe by
rule. subiect to the approval of the Auditor General. a research
desiqn for the review and evaluation of ss. 290.001-290.015 toqether
with the incentives and proqrams listed in s. 290.007. The research
desiqn shall set forth the types of additional information necessary
to effectuate the research desiqn. Such information shall be
provided in the report required pursuant to s. 290.014(1).
2075
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
-
(3) Prior to the 1990 Reqular Session of the Leqislature, the
Auditor General shall perform a review and evaluation of ss. 290.001~
290.015 toqether with the incentives and proqrams listed in s
290.007 usinq the research desiqn promulqated pursuant to subsectio~
(1). A report of the findinqs and recommendations of the Auditor
General shall be submitted to the Speaker of the House of
Re resentatives and the President of the Senate rior to the 1990
Reqular Session.
(4) Prior to the
appropriate substantive
Re resentatives and the
President res ectivel
review and evaluation
incentives and ro rams listed in
recommendations of the committees
and the President for distribution
the
of
(5) This section shall stand repealed on December 31, 1994,
except that subsection (2) shall stand repealed on June 3D, 1986.
section 55. Section 290.034, Florida Statutes,
read:
is amended to
290.034 Community Development Support and Assistance Fund.--There
is established in the State Treasury a separate fund known as the
Community Development support and Assistance Fund to be administered
by the department as a grant and loan fund for carrying out the
purposes of this act. Any funds deposited therein not needed for
immediate disbursement may be invested pursuant to s. 215.535, with
the interest earned to be deposited in the fund. Administrative
costs of the program shall be funded from the fund herein created, in
an amount to be set each year in the General APpropriations Act not
to-exeeed-$l88,888-annttaiiy. The department shall qive priority in
the use of the fund to those communit develo ment cor orations whose
service area includes an enter rise zone a roved ursuant to s.
290.0065.
Section 56. Section 624.5105, Florida Statutes,
read:
is created to
(1) LEGISLATIVE FINDINGS.--The Leqislature finds that:
(a) There exist in the counties and municipalities
bli ht evidenced b extensive deterioration of ublic
facilities abandonment of sound structures and hi h
2076
CHAPTER 84-3~
ion of the Leqislature, the
e House of Representatives
he Speaker and pre~iden~
completion of a revIew of
IS desiqnated pursuant to s.
:uant to s. 290.006 and an
IS for the incentives listed
l areas. A report of the
be submitted to the Speaker
:0 the 1986 Reqular Session.
;ion of the Leqislature, the
1 evaluation of ss. 290.001-
and proqrams listed in s.
lted pursuant to subsec~ion
I :ommendations of the AudItor
Jeaker of the House of
the Senate prior to the 1990
sion of the Leqislature, the
~f both the House of
ssiqnment by the Speaker and
ible for the completion of a
-290.015 toqether with the
90.007. A report of the
be submitted to the Spe~ker
to the 1994 Reqular SessIon.
aled on December 31, 1994,
pealed on June 30, 1986.
B Statutes, is amended to
and Assistance Fund.--There
'parate fund known as the
:ance Fund to be administered
'und for carrying out the
,sited therein not needed ~or
Irsuant to s. 215:5~5, w~th
in the fund. Admlnlstratl~e
n the fund herein created, In
~neral APpropriatio~s ~ct "~t
nent shall qive prIorIty In
~velopment corporations whose
~ approved pursuant to s.
ida Statutes, is created to
credit: leqislative ~indinqs~
limitations: requIrements,
lature finds that:
municipalities conditions of
ion of public and private
tures, and hiqh unemployment~
-,
CHAPTER 84-356
CHAPTER 84-356
LAWS OF FLORIDA
which conditions impede the conservation and development of healthy,
safe, and economically viable communities.
(b) Deterioration of housinq and industrial, commercial, and
public facilities contributes to the decline of neiqhborhoods and
communities: reduces the value of property comprisinq the tax base of
local communities: discouraqes private investment: and requires a
disproportionate expenditure of public funds for the social services,
unemployment benefits, and police protection required to combat the
social and economic problems found in slum communities.
(c) In order to ultimately restore social and economic viability
to enterprise zones, it is necessary to renovate or construct new
housinq, water and sewer infrastructure, and transportation
facilities and to specifically provide mechanisms to attract and
encouraqe private economic activity.
(d) The various local qovernments and other redevelopment
orqanizations now undertakinq physical revitalization pro;ects are
limited by tiqhtly constrained budqets and inadequate resources.
(e) In order to siqnificantly improve revitalization efforts by
local qovernments and community development orqanizations. it is
necessary to provide additional resources, and the participation of
private enterprise in revitalization efforts is an effective means
for accomplishinq that qoal.
(2) POLICY AND PURPOSE.--It is the pOlicy of this state to
encouraqe the participation of insurers in revitalization pro;ects
undertaken by public redevelopment orqanizations. The purpose of
this section is to provide an incentive for such participation by
qrantinq partial state insurance premium tax credits to insurers that
contribute resources to public redevelopment orqanizations for the
revitalization of enterprise zones for the benefit of low-income and
moderate-income persons. The Leqislature thus declares this a public
purpose for which public money may be borrowed, expended, loaned, and
qranted.
(3) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX CREDITS:
LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM SPENDING.--
I
I
1
~
11
:1
(a) There shall be allowed a credit of 50 percent of a community
contribution aqainst any tax due for a calendar year under s. 624.509
or s. 624.510.
(b) No insurer shall receive more than $200,000 in annual tax
credits for all approved community contributions.
(c) The total amount of tax credit which may be qranted for all
proqrams approved under this section and s. 220.183 is $3 million
annually.
(d) All proposals for the qrantinq of the tax credit shall
require the prior approval of the secretary.
J
~
'4
"l
.1
'J
(e) If the credit qranted pursuant to this section is not fully
used in any 1 year, the unused amount may be carried forward for a
period not to exceed 5 years. The carryover credit may be used in a
subsequent year when the tax imposed by s. 624.509 or s. 624.510 for
such year exceeds the credit for such year under this section.
2077
;i
J
.~
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 3:
(4) ELIGIBILITY REQUIREMENTS.--
(a) All community contributions by an insurer shall be in tt
form specified in subsection (7).
(b) All community contributions must be reserved exclusively fc
use in proiects as defined in subsection (7).
(c) The proiect must be undertaken by an "eliqible sponsor
defined as:
1. A community action proqram;
2. A community development corporation;
3. A neiqhborhood housinq services corporation;
4. A local housinq authority, created pursuant to chapter 421;
5. A community redevelopment aqency, created pursuant to
163.356;
6. The Florida Industrial Development Corporation;
7. An historic preservation district;
8. A private industry council; or
9. Such other aqency as the secretary may, from time to tirr
desiqnate by rule.
In no event shall a contributinq insurer have a financial interest
the eliqible sponsor.
(d) Except as provided below, the proiect shall be located in (
of the followinq areas, subiect to approval of the secretary:
1. An area desiqnated as bliqhted under s. 163.355.
2. A community development block qrant area.
3. A neiqhborhood housinq services area.
4. An historic preservation district.
5. Such other area as the secretary may, from time to t iJ
desiqnate by rule.
6. Any area desiqnated as an enterprise zone pursuant to
290.005 or s. 290.0055.
Any proiect desiqned to construct or rehabilitate low-income hous
is exempt from the area requirement of this paraqraph.
(5) APPLICATION REQUIREMENTS.--
(a) Any
must submit a
sponsor , the
eliqible sponsor wishinq to participate in this proq
proposal to the department which sets forth
proiect, the area in which the proiect is located,
2078
CHAPTER 64-~
3n insurer shall be in
t~
e reserved exclusively f~
L.
bV an "eliqible sponsor~
oration;
, ursuant to chapter 421;
created pursuant to s.
orporation;
,rv may. from time to time.
lve a financial interest in
!ct shall be located in one
of the secretary:
s. 163.355.
area.
h
rv may. from time to time.
rprise zone pursuant to s.
bilitate low-income housinq
s paraqraph.
participate in this proqram
nt which sets forth the
the pro;ect is located. and
QiAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84-356
such supportinq information as may be prescribed bv rule. The
Qfoposal shall also contain a resolution from the local qovernmental
unit in which it is located certifvinq that the pro;ect is consistent
~th local plans and requlations.
(b) Anv insurer wishinq to participate in this proqram must
submit an application for tax credit to the department which sets
forth the sponsor. the pro;ect. and the type, value and purpose of
the contribution. and such sponsor shall verify the terms of the
~Plication and indicate willinqness to receive the contribution.
wBich verification shall be in writinq and shall accompany the
~plication for tax credit.
(c) The insurer must submit a separate application for tax credit
for each individual contribution which it proposeS to contribute to
each individual pro;ect.
(6) ADMINISTRATION.--
(a) The Department of Community Affairs is authorized to adopt
all rules necessary to administer this section. includinq rules for
the approval or disapproval of proposals bv insurers.
(b) The decision of the secretary shall be in writinq. and. if
approved. the proposal shall state the maximum credit allowable to
the insurer. A COpy of the decision shall be transmitted to the
Executive Director of the Department of Revenue. who shall apply such
credit to the tax liability of the insurer.
(c) The Department of Community Affairs shall periodically
monitor all pro;ects in a manner consistent with available resources
to ensure that resources are utilized in accordance with this
section; however. each pro;ect shall be reviewed no less than once
every 2 years.
(d) The Department of Revenue shall adopt any rules necessary to
ensure the orderly implementation and administration of this section.
(7) DEFINITIONS.--For the purpose of this section:
(a) "Community contribution" means the qrant bv an insurer of any
of the followinq items:
1. Cash or other liquid assets.
2. Real property.
3. Goods or inventory.
4. Other physical resources as identified bv the department.
means
any
count v or incorporated
(b) "Local qovernment"
municipality in the state.
(c) "Pro;ect" means any activity undertaken bv an eliqible
sponsor. as defined in subsection (4), which is desiqned to
construct. improve or substantiallY rehabilitate housinq or
commercial. industrial. or public resources and facilities or to
improve entrepreneurial and ;ob-development opportunities for low-
income persons.
2079
CHAPTER 84-356
LAWS OF FLORIDA
CHAPTER 84 356
the
De artment
(d) "secretar"
Community Affairs.
means
the
secretar
of
(8) EXPIRATION.--The rovisions of this section exce
(3)(e) , shall expire and be void on June 30, 1994.
created by
Section 57. Section 162.012, Florida Statutes,
chapter 82-119, Laws of Florida, is hereby repealed.
as
Section 58. Every enterprise zone a~proved pursuant to s.
290.006, Florida Statutes, shall cease to eXlst on December 31, 1986.
Section 59. This section and sections 25, 26, 27, 28, 29 30 42
43, 44, 45, 47, 50, 51, 54, 55, 57, and 58 shall take effect'Jul~ l'
1984. Sections 36, 37, 38, 39, ~O, an~ 41 shall take effect July 1:
1984, and shall apply to corporatlons wlth taxable years beginning on
or after said date. Sections 33, 34, 35, 52, and 53 shall take
effect January 1, 1987. Sections 23-24, 31, 32, 46, 48, 49, and 56
shall take effect January 1, 1986. sections 1-22 shall take effect
October 1, 1984.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 25, 1984.
CHAPTER 84-357
House Bill No. 10
An act relating to the code of ethics for public officers
and employees; amending s. 112.3143, Florida Statutes,
relating to voting conflicts, to provide for prior
disclosure of conflicts of interest and abstention from
voting in certain cases; providing exceptions; reenacting
s. 286.012, Florida Statutes, to incorporate the
amendment to s. 112.3143, Florida Statutes, in a
reference thereto; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 112.3143, Florida Statutes, is amended to
read:
112.3143 Voting conflicts.--
(1) Except as provided in subsection (2)L no public officer shall
be prohibited from voting in his official capacity on any matter.
However, any public officer voting in his official capacity upon any
measure in_Whieh_he-h6S-6-~e~sonai,-~~iV6~e,-O~-~~OfeSSion6i-in~e~es~
and which inures to his special private gain or the special gain of
any principal by whom he is retained shall, within 15 days after the
vote occurs, disclose the nature of his interest as a public record
in a memorandum filed with the person responsible for recording the
minutes of the meeting, who shall incorporate the memorandum in the
minutes.
other local ublic officer shall
measure which inures to his
vote in his official ca acit
2080
of
,
QW
~
~
ret,
0ili
~
ill
@t
~
~
~
~
<W-
se
28
Nc
c(
a<
t.
d
e
m
u
s
CHAPTER 83-230
LAWS OF FLORIDA
CHAPTER 83-22Q
or other operating and maintenance expenses of the facility or of the
owner, operator, employee, or any other person for the payment of
mortgages or liens. The owner shall retain the right to sell or
mortgage any facility under receivership, subject to approval of the
court which ordered the receivership. Receivership imposed under the
provisions of this chapter shall be subject to the Patient Protection
Trust Fund pursuant to s. 400.063. The owner of a facility placed in
receivership by the court shall be liable for all expenses and costs
incurred by the Patient Protection Trust Fund which occur as a result
of the receivership.
Section 14. Subsection (1) of section 400.063, Florida Statutes,
is amended to read:
400.063 Patient Protection Trust Fund.--
(1) The Department of Administration shall establish a Patient
Protection Trust Fund for the purpose of collecting and disbursing
funds generated from the license fees and administrative fines as
provided for in ss. 393.0671(2), 400.062(3)(b), 400.121(2), and
400.23(4). Such funds shall be directed to the Department of Health
and Rehabilitative Services to pay for the appropriate alternate
placement, care, and treatment of patients who are removed from a
ft~~e~R~ ft6Me facility licensed under this part or a facility
specified in s. 393.0673(1) in which the department determines that
existing conditions or practices constitute an immediate danger to
the health, safety, or security of the R~~e~R~ ft6Me patients. If the
department determines that it is in the best interest of the
patients' health, safety, or security to provide for an orderly
removal of the patients from the facility, the department may utilize
such funds to maintain and care for the patients in the facility
pending removal and alternativ~ placement. The maintenance and care
of the patients shall be under the direction and control of a
receiver appointed pursuant to s. 400.126(1) or s. 393.0673(1).
Section 15. Sections 1 through 3 of this act shall take effect
October 1, 1983, and sections 4 through 9 and section 15 of this act
shall take effect July 1, 1983.
Approved by the Governor June 24, 1983.
Filed in Office Secretary of State June 24, 1983.
.tffOu
JIU!ft~~
CHAPTER 83-231
Senate Bill No. 1050
An act relating to community redevelopment; amending s.
163.356(2), Florida Statutes; specifying membership of a
community redevelopment agency; amending s. 163.357(1),
Florida Statutes; authorizing the governing body of a
county or municipality which declares itself to be the
community redevelopment agency to appoint additional
members to the agency in certain circumstances; providing
terms of office; amending s. 163.340(1), (2) and (9),
Florida Statutes, redefining the terms "agency," "public
body" and "community redevelopment project"; amending s.
163.345, Florida Statutes, providing that consideration
be given to use of the Florida Enterprise Zone Act of
1200
f
~
~
CHAPTER
IS
an
St
rE
rE
Fl
rE
C
rE
tl
<'
c(
a'
gc
er
al
d,
tl
al
0:
p:
Be It E;
Sect
is amenl
163.
~1
i-
f
y
;:
1'/
,"
)
~.
~
~
(2 )
need fo
ordinan
redeve1
more t
shall b
appoint
respect
members
date of
be fi 11
Sect
is amen
163.
(1 )
nor mor
the ti
time tt
agency,
immuni t
governi
responf
body "
personf
Terms
except
of 2 YE
all pre
communi
nDA
CHAPTER 83-230
~nses of the facility or of the
)ther person for the payment of
~tain the right to sell or
1ip, subject to approval of the
Receivership imposed under the
)ject to the Patient Protection
~ owner of a facility placed in
ible for all expenses and costs
,t Fund which occur as a result
:ion 400.063, Florida Statutes,
md.--
ltion shall establish a Patient
)f collecting and disbursing
,es and administrative fines as
lO.062(3)(b), 400.121(2), and
;ed to the Department of Health
>r the appropriate alternate
)atients who are removed from a
,r this part or a facility
the department determines that
.tute an immediate danger to
~H~e~ft~ fieme patients. If the
l the best interest of the
ty to provide for an orderly
ty. the department may utilize
.r the patients in the facility
,nt. The maintenance and care
Ie direction and control of a
26(1) or s. 393.0673(1).
of this act shall take effect
9 and section 15 of this act
83.
une 24, 1983.
31
1050
development; amending s.
cifying membership of a
amending s. 163.357(1),
governing body of a
eclares itself to be the
to appoint additional
circumstances; providing
.340(1), (2) and (9),
terms "agency," "public
t project"; amending s.
iding that consideration
nterprise Zone Act of
CHAPTER 83-231
LAWS OF FLORIDA
CHAPTER 83-231
I
1982 and its incentives in community redevelopment areas;
amending s. 163.360(3), (4), (5) and (6), Florida
Statutes, eliminating reference to community
redevelopment project and substituting therefor community
redevelopment plan; amending s. 163.361(1) and (3),
Florida Statutes, relating to modification of community
redevelopment plans; amending s. 163.362(1), (3), (4),
(7) and (8), Florida Statutes, providing that community
redevelopment plans apply to redevelopment areas rather
than to project areas; amending s. 163.367(1), (2) and
(4), Florida Statutes, providing that officers,
commissioners and employees of community redevelopment
agencies are subject to the provisions of the law
governing the code of ethics for public officers and
employees; amending s. 163.387(1), (4), Florida Statutes,
and adding subsection (6) thereto; prescribing method for
determining the tax increment; deleting provisions that
the trust fund received the tax increment only as, if,
and when such taxes are collected; providing for the uses
of funds in community redevelopment trust funds;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (2) of section 163.356, Florida Statutes,
is amended to read:
163.356 Creation of community redevelopment agency.--
(2) When the governing body adopts a resolution declaring the
need for a community redevelopment agency, that body shall, by
ordinance, appoint a board of commissioners of the community
redevelopment agency, which shall consist of not less than five nor
more than seven commissioners. Terms of office of the commissioners
shall be for 4 years, except that three of the members first
appointed shall be designated to serve terms of 1, 2, and 3 years,
respectively, from the date of their appointments, and all other ~we
members shall be designated to serve for terms of 4 years from the
date of their appointments. A vacancy occurring during a term shall
be filled for the unexpired term.
Section 2. Subsection (1) of section 163.357, Florida Statutes,
is amended to read:
163.357 Governing body as the community redevelopment agency.--
(1) As an alternative to the appointment of not less than five
nor more than seven members of the agency, the governing body may, at
the time of the adoption of a resolution under s. 163.355, or at any
time thereafter by adoption of a resolution, declare itself to be the
agency, in which case all the rights, powers, duties, privileg7s, and
immunities vested by this part in an agency shall be vested ~n the
governing body of the county or municipality, subject to ~ll
responsibilities and liabilities imposed or incurr7d. A go~e~n~ng
bOdy which consists of five members may appo~nt two add~tlonal
persons to act as members of the community redevelopment agency.
Terms of office of the additional members shall be for 4 years,
except that the first person appointed ~hall i~itially serve ~ term
of 2 years. Persons appointed under thls sect~on shall be sub1ect to
all provisions of this part relating to appointed members of a
community redevelopment agency.
1201
"J- ""
"'! lIT
CHAPTER 83-231
LAWS OF FLORIDA
CHAPTER 83-211
Section 3. Subsections (1), (2) and (9) of section 163.340,
Florida Statutes, are amended to read:
163.340 Definitions.--The following terms, wherever used or
referred to in this part, shall have the following meanings:
(1) "Agency" or
agency created by, or
163.357.
"community redevelopment agency" means a public
designated pursuant to, s. 163.356 or s.
(2) "Public body" or "taxing authority" means the state or any
county, municipality, authority, special district, or any other
public body of the state.
(9) "Community redevelopment project" means undertakings and
activities of a county, municipality, or community redevelopment
agency in a community redevelopment area for the elimination and
prevention of the development or spread of slums and blight and may
include slum clearance and redevelopment in a community redevelopment
area, rehabilitation or conservation in a community redevelopment
area, or any combination or part thereof in accordance with a
community redevelopment plan including the preparation of such a
plan.
Section 4. Section 163.345, Florida Statutes, is amended to read:
163.345 Encouragement of private enterprise.--
ill 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, consistent with the sound
needs of the county or municipality as a whole, to the rehabilitation
or redevelopment of 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 of community
redevelopment plans, communitywide plans or programs for community
redevelopment, and general neighborhood redevelopment plans
(consistent with the general plan of the county or municipality), the
exercise of its zoning powers, the enforcement 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 giving consideration to the objectives outlined in
subsection (1), the county or municipality shall consider making
available the incentives provided under the Florida Enterprise Zone
Act of 1982.
Section 5. Subsections (3), (4), (5) and (6) of section 163.360,
Florida Statutes. are amended to read:
163.360 Community redevelopment plans.--
(3) The county, municipality, or community redevelopment agency
may itself prepare or cause to be prepared a community redevelopment
plan, or any person or agency, public or private, may submit such a
plan to a community redevelopment agency. Prior to its consideration
of a community redevelopment plan, the community redevelopment agency
shall submit such plan to the local planning agency of the county or
municipality for review and recommendations as to its conformity with
1202
CBAPTER 83-231
---
the comprehensive
l1lunicipali ty as a
written recommenda
proposed community
agency wi thin 60 da
receipt of the re
nO recommendations
such recommendatic
with its considerat
I'i'e;ee~ .
( 4) The communi
redevelopment plan
wri tten recommend,
shall then procee(
redevelopment plan
(5) The govern
redevelopment plan
in a newspaper ha.
of the county or m
date, place, and
community redevelo
general scope of
consideration.
(6) Following
community redevelo
that:
(a) A feasibl
will be displaced
safe, and sani ta
without undue hare
(b) The commur
of the county or n
(c) The COmInl
the provision of ,
that may be de:
consideration fo:
residing in the
and
(d) The
opportunity,
municipali ty
the community
com:
cons
as
red
Section 6. SU
Statutes, are ame
163.361 Modii
(1) If at
redevelopment pla
desirable to ame
such plan upon
recommendation 1
.LORIDA
CHAPTER 83-231
) and (9) of section 163.340,
.d:
owing terms, wherever used
the fOllowing meanings:
or
evelopment agency" means a public
ursuant to, s. 163.356 or s.
authority" means the state or any
pecial district, or any other
roject" means undertakings and
ty, or community redevelopment
ent area for the elimination and
ead of slums and blight and may
ne~t in a community redevelopment
1n a community redevelopment
t thereof in accordance with a
~g the preparation of such a
ida Statutes, is amended to read:
enterprise.--
(, to the greatest extent it
1 out the provisions of this
:unity, consistent with the sound
is a whole, to the rehabilitation
, redevelopment area by private
.ty shall give consideration to
lowers under this part, including
1m, the approval of community
plans or programs for community
,hborhood redevelopment plans
the county or municipality), the
lforcement of other laws, codes
If land and the use and occupancy
, disposition of any property
:ary public improvements.
:0 the objectives outlined in
ipality shall consider making
nder the Florida Enterprise Zone
(5) and (6) of section 163.360,
lans.--
r community redevelopment agency
pared a community redevelopment
ic or private, may submit such a
ncy. Prior to its consideration
e community redevelopment agency
lanning agency of the county or
ations as to its conformity with
f!!APTER 83-231
LAWS OF FLORIDA
CHAPTER 83-231
the comprehensive plan for the development of the county or
municipality as a whole. The local planning agency shall submit its
written recommendations with respect to the conformity of the
proposed community redevelopment plan to the community redevelopment
agency within 60 days after receipt of the plan for review. Upon
receipt of the recommendations of the local planning agency, or, if
no recommendations are received within said 60 days, then without
such recommendations, the community redevelopment agency may proceed
with its consideration of the proposed community redevelopment plan
,,!'e;ee~.
(4) The community redevelopment agency shall submit any community
redevelopment plan it recommends for approval, together with its
written recommendations, to the governing body. The governing body
shall then proceed with the hearing on the proposed community
redevelopment plan ,,!'e;ee~ as prescribed by subsection (5).
(5) The governing body shall hold a public hearing on a community
redevelopment plan ,,!'e;ee~ after public notice thereof by publication
in a newspaper having a general circulation in the area of operation
of the county or municipality. The notice shall describe the time,
date, place, and purpose of the hearing, identify generally the
community redevelopment area covered by the plan, and outline the
general scope of the community redevelopment plan ,,!'e;ee~ under
consideration.
(6) Following such hearing, the governing body may approve a
community redevelopment project and the plan therefor if it finds
that:
(a)
will be
safe,
without
A feasible method exists for the location of families who
displaced from the community redevelopment area in decent,
and sanitary dwelling accommodations within their means and
undue hardship to such families;
(b) The community redevelopment plan conforms to the general plan
of the county or municipality as a whole;
(c) The community redevelopment plan gives due consideration to
the provision of adequate park and recreational areas and facilities
that may be desirable for neighborhood improvement, with special
consideration for the health, safety, and welfare of children
residing in the general vicinity of the site covered by the plans;
and
community redevelopment plan will afford maximum
consistent with the sound needs of the county or
as a whole, for the rehabilitation or redevelopment of
redevelopment area by private enterprise.
( d ) The
opportunity,
municipality
the community
Section 6. Subsections (1) and (3) of section 163.361, Florida
Statutes, are amended to read:
163.361 Modification of community redevelopment plans.--
(1) If at any time after the approval of a community
redevelopment plan by the governing body it becomes necessary or
desirable to amend or modify such plan, the governing body may amend
such plan upon the recommendation of the agency. The agency
recommendation to amend or modify a redevelopment plan may include a
1203
~
II! !l
CHAPTER 83-231
LAWS OF FLORIDA
CHAPTER 83 -ll!
change in the boundaries of the redevelopment ~~ejee~ area to add
land to or exclude land from the redevelopment ~~ejee~ area.
(3) If a community redevelopment plan is modified by the county
or municipality after the lease or sale of real property in the
community redevelopment ~~ejee~ area, such modification may be
conditioned upon such approval of the owner, lessee, or succeSsor in
interest as the county or municipality may deem advisable and, in any
event, shall be subject to such rights at law or in equity as a
lessee or purchaser. or his successor or successors in interest, may
be entitled to assert.
Section 7. Subsections (1), (3), (4), (7) and (8) of section
163.362, Florida Statutes, are amended to read:
163.362 Contents of community
community redevelopment plan shall:
redevelopment
plan.--Every
(1) Contain a legal description of the boundaries of the
community redevelopment ~~ejee~ area.
(3) If the redevelopment ~~ejee~ area contains low or moderate
income housing, contain a neighborhood impact element, which
describes in detail the impact of the project upon the residents of
the project area and the surrounding areas, in terms of relocation,
traffic circulation, environmental quality, availability of community
facilities and services, effect on school population, and other
matters affecting the physical and social quality of the
neighborhood.
(4) Describe generally the proposed method of financing the
redevelopment of the redevelopment ~~ejee~ area.
(7) Provide assurances that there will be replacement housing for
the relocation of persons temporarily or permanently displaced from
housing facilities within the community redevelopment ~~ejee~ area.
(8) Provide an element of residential use in the redevelopment
~~ejee~ area if such use exists in the area prior to the adoption of
the plan.
Section 8. Subsections (1), (2) and (4) of section 163.367,
Florida Statutes, are amended to read:
163.367 Public officials, commissioners, and employees subject to
code of ethics ~~efi~B~~ea f~e~ ae~~~~~R~ aR ~R~e~ee~.--
(1) The officers, commissioners, and employees of a community
redevelopment agency created by, or designated pursuant to, s.
163.356 or s. 163.357 shall be subject to the provisions and
requirements of part III of chapter 112. Ne ~~Bl~e eff~e~al e~
e~~leyee ef a ee~R~Y e~ ~~R~e~~al~~y; e~ bea~d e~ ee~~~ee~eR ~fie~eef;
aRa Re ee~~~ee~eRe~ e~ e~~leyee ef a ee~~~R~~y ~eaevele~~eR~ a~eRey
wfi~efi fiae BeeR vee~ea BY aRY ee~R~y e~ ~~R~e~~al~~y w~~fi ee~~~R~~y
~eaevele~~eR~ ~ewe~e ~Rae~ e~ ~63~356 e~ e~ ~63~35~; efia~l
vel~R~a~~ly e~ ~Rvel~R~a~~ly ae~~~~e aRY ~e~eeRal ~R~e~ee~; a~~ee~ e~
~Ra~~ee~; ~R aRY ee~~~R~~y ~eaevele~~eR~ ~~ejee~; ~R aRY ~~e~e~~y
~Rel~aea e~ ~laRRea ~e Be ~Rel~aea ~R aRY ee~~~R~~y ~eaevele~~eR~
~~ejee~ ef e~efi ee~R~y e~ ~~R~e~~al~~y; e~ ~R aRY eeR~~ae~ e~
~~e~eeed eeR~~ae~ ~R eeRRee~~eR w~~fi e~efi ee~~~R~~y ~eaevele~~eR~
~~ejee~~
1204
.H
~
ae!
~e!
~e'
prE
prf
wh:
re(
lE..
~e'
ef
e~J
~~J
~ef
reI
eel
th.
ve,
Mtll
ee:
St
re
ag
a1
to
un
co
th
re
re
fu
in
de
ou
in
to
au
co
re
by
ta
aE
re
UE
au
tt
I'~
CHAPTER 83-2~
t ~~e;eet area to add
nt ~~e;eet area.
is modified by the. county
real property 1n the
~h modification may be
lessee, or successor in
~em advi~able and, in any
~w or 1n equity as
:cessors in interest, ma~
(7) and (8) of section
id:
!velopment
plan.--Every
the boundaries of the
contains low or moderate
.mpact element, which
!ct upon the residents of
.n terms of relocation
lvailability of communit~
population, and other
social quality of the
lethod of financing the
"ea.
replacement housing for
lanently displaced from
~lopment ~~e;eet area.
u~e in the redevelopment
r10r to the adoption of
4) of section 163.367,
and employees subject to
Il.te~eet.--
employees of a community
na ted pursuant to, s. ~
to the provisions and f
Ne ~~Bi~e- eff~e~ai e~ I
a e~ eeMm~ee~ell. tfte~eef, ~
y "~ea~veie~Mell.t a~ell.ey ~
~e~~ai~ty w~tft eeMm~Il.~ty I~'..,
e~ i&3~35~, eftaii
ell.ai ~ll.te~eBt, a~~ee~ e~
;eet, ~Il. all.Y ~~e~e~ty
eeMM~Il.~ty ~eaeveie~Mell.~
p ~Il. all.Y eell.~~ae~ e~
eeMM~Il.~~y ~eaeveie~Mell.~
~ER 83-231 LAWS OF FLORIDA CHAPTER 83-231
(2) ;Il. ~fte evell.~ ef ~ll.vei~ll.~a~y ae~~~e~~~ell., ~fte ~1l.~e~eB~
ae~~~ea !lftaii ee ~Mmea~a~eiy a~eeie!lea ~Il. W~~~~Il.~ ~e ~fte ~eve~Il.~Il.~
~eay, ell.a e~eft a~Beiee~~e !lfteii Be ell.~e~ea ~~ell. ~fte M~a~~e!l ef ~fte
,eve~Il.~Il.~ Beay~ If any such official, commissioner, or employee
presently owns or controls, or owned or controlled within the
preceding 2 years, any interest, direct or indirect, in any property
which he knows is included or planned to be included in a community
redevelopment area ~~e;ee~, he shall immediately disclose this fact
in the manner provided in part III of chapter 112 ~a w~~~~a~ ~e ~fte
~ve~Il.~Il.~ eeay, all.a e~eft a~!leieB~~e !lftaii Be ea~e~ea ~~ea ~fte M~Il.~~ee
ef ~fte ~eve~Il.~Il.~ Beay, eaa eay B~eft eff~e~ai, eeMm~Be~ell.e~, e~
eM~ieyee eftaii Il.e~ ~a~~~e~~e~e ~a aay ee~~ell. BY ~fte ee~a~y e~
M~Il.~e~~ei~~y, e~ eea~a e~ eeMm~eB~ea ~fte~eef, e~ eeMm~a~~y
~eaeveie~Mell.~ a~ell.ey affee~~a~ e~eft ~~e~e~~y. Any disclosure
required to be made by this section ~e ~fte ~eve~a~a~ eeay shall
eell.e~~~ea~iy be made prior to taking any official action pursuant to
this section ~e e eeMm~Il.~~y ~eaeveie~Mea~ a~ell.ey wfi~eft fiae Beea
vee~ea W~~ft eeMm~a~~y ~eaeveie~Mell.~ ~ewe~8 ey ~fte ee~a~y e~
M~Il.~e~~ai~~y ~~~8~aa~ ~e ~fte ~~ev~e~ell.e ef e~ i&3~35& e~ e~ i&3~35~.
f4t Aay v~eia~~ea ef ~fte ~~ev~8~eae ef ~ft~8 eee~~ea 8ftaii
eell.e~~~~~e M~eeell.a~e~ ~Il. eff~ee~
Section 9. Subsections (1) and (4) of section 163.387, Florida
statutes, are amended and subsection (6) is added to said section to
read:
163.387 Redevelopment trust fund.--
(1) There shall be established for each community redevelopment
agency created under s. 163.356 a redevelopment trust fund. Funds
allocated to and deposited into this fund shall be used by the agency
to finance or refinance each community redevelopment project it
undertakes. No community redevelopment agency shall exercise any
community redevelopment powers under this section unless and until
the governing body has, by ordinance, provided for the funding of the
redevelopment trust fund for the duration of a community
redevelopment project. The annual funding of the redevelopment trust
fund shall be in an amount not less than that increment in the
income, proceeds, revenues, and funds of the county or municipality
derived from or held in connection with its undertaking and carrying
out of community redevelopment projects under this part. Such
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 levied each year by all taxing
authorities except school districts on taxable real property
contained within the geographic boundaries of a community
redevelopment project; and
(b) The amount of ad valorem taxes which would have been produced
by the rate upon which the tax is levied each year by or for all
taxing authorities except school districts upon the total of the
assessed value of the taxable real property in the community
redevelopment project as shown upon the most recent assessment roll
used in connection with the taxation of such property by each taxing
authority prior to the effective date of the ordinance providing for
the funding of the trust fund a~~~ev~ll.~ ~fie eeMm~a~~y ~eaeveie~Mell.~
~iall..
1205
CHAPTER 83-231
LAWS OF FLORIDA
CHAPTER 83-2:g
(4) The revenue bonds and notes of every issue under this part
shall be payable solely out of revenues pledged to and received by a
community redevelopment agency and deposited to its redevelopment
trust fund. The lien created by such bonds or notes shall not attach
until the revenues referred to herein are deposited in the
redevelopment trust fund at the times, and to the extent that, such
revenues accrue. The holders of such bonds or notes shall have no
right to require the imposition of any tax or the establishment of
any rate of taxation in order to obtain the amounts necessary to pay
and retire such bonds or notes. ~fie ~eaeveie~Me~t t~~et ~~~a efiaii
~eee~ve tfie taK ~~e~eMe~t aeee~~eea ~~ tfi~e eeet~e~ e~iy ae, ~f, a~a
wfie~ e~efi taKes a~e eeiieetea~
(6) Moneys in the redevelopment trust fund may be expended from
time to time for the following purposes, when directly related to the
financing or refinancing of a community redevelopment project:
(a) Administrative and overhead expenses necessary or incidental
to the preparation and implementation of a community redevelopment
plan adopted by the agency;
(b) Expenses of redevelopment planning, surveys, and financial
analysis;
(c) The acquisition of real property in the redevelopment area;
(d) The clearance, and preparation of any redevelopment area for
redevelopment and relocation of site occupants as provided in s.
163.370;
(e) Repayment of principal and interest for loans, advances, bond
anticipation notes, and other forms of indebtedness; and
(f) All expenses incidental or connected with the
redemption, retirement, or purchase of agency
anticipation notes, or other forms of indebtedness.
sale,
bond
issuance,
bonds,
Section 10. This act shall take effect upon becoming a law.
Approved by the Governor June 24, 1983.
Filed in Office Secretary of State June 24, 1983.
CHAPTER 83-232
Senate Bill No. 1149
An act relating to the Department of Transportation;
amending s. 334.21(9), Florida Statutes, 1982 Supplement;
authorizing the department to amend its final annual
program budget and 5-year construction plan during the
fiscal year by adding certain projects, and by adding to,
deleting from, or rescheduling certain projects in said
plan; requiring notification to legislative committees
and members under certain circumstances; amending 5.
334.2105, Florida Statutes; providing for a single cash
control account for charges incurred by certain budget
entities to other budget entities; requiring adequate
records and reports; providing an effective date.
1206
CHAPTER 8
Be It Ena
Sectio
1982 Supp
334.21
amendment
(9) A
shall hav
5-year c
follows.
(a) T
or any po
(b) T
or betwe
restricti
funds, an
(c) E
anticipat
the total
(d) S
for any c
any sucr.
construct
$500,000,
committee
committee
the di st
notificat
any proje
resul t of
~
available
the addi
project c
wi th stat
.ii.L-1
construct
public t
governmer
reschedul
phases oj
notificat
Sectic
read:
334.2:
funds, e1
ill
which fUl
Departmer
the Govel
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
long as the land meets the criteria set forth in s.
193.461.
History.-s. 12. ch. 75-257; s. I, ch. 77-174; s. 2, ch. 77-223; s. 12, ch. 80-358;
s. 69, ch. 81-259.
163.3197 Legal status of prior comprehen-
sive plan.-Where, prior to the effective date of this
act, a local government had adopted a comprehensive
plan or element or portion thereof, such adopted plan
or element or portion thereof shall have such force
and effect as it had at the date of adoption and until
appropriate action is taken to adopt a new compre-
hensive plan as required by this act. The prior adopt-
ed plan or element or portion thereof may be the ba-
sis for meeting the requirement of comprehensive
plan adoption set out in this act, provided all require-
ments of this act are met.
History.-s. 13, ch. 75-257.
163.3201 Relationship of comprehensive
plan to exercise of land development regulatory
authority.-It is the intent of this act that adopted
comprehensive plans or elements thereof shall be im-
plemented, in part, by the adoption and enforcement
of appropriate local regulations on the development
of lands and waters within an area. It is the intent of
this act that the adoption and enforcement by a gov-
erning body of regulations for the development of
land or the adoption and enforcement by a governing
body of a land development code, as defined in s.
163.3194(2)(b), for an area shall be based on, related
to, and a means of implementation for an adopted
comprehensive plan as required by this act.
History.-s. 14. ch. 75-257.
163.3204 Cooperation by state and regional
agencies.- The Interdepartmental Coordinating
Council on Community Services created by s.
20.18(5), the Division of Resource Management of
the Department of Natural Resources or its succes-
sor, and any ad hoc working groups appointed by the
division, and all regional agencies involved in the ad-
ministration and implementation of this act shall co-
operate and work with units of lo~a1 government and
technical advisory committees in the preparation and
adoption of comprehensive plans or elements or por-
tions thereof.
History.-s. 15, ch. 75-257; s. 3, ch. 79-65.
163.3207 Technical advisory committees.
-In order to coordinate technical elements of a com-
prehensive plan and to advise local planning agencies
and local governing bodies, each unit of local govern-
ment shall appoint one person to a technical advisory
committee to be established within the jurisdictional
boundaries of a single county. Special districts which
include within their jurisdictions land that is within
the boundary of one or more counties may appoint
one person to the technical advisory committee in
each county. Members of each committee shall be ap-
pointed on the basis of their professional or technical
background, and each committee shall elect a chair-
man from among its membership. Committees shall
meet from time to time in order to achieve the re-
quired coordination and cooperation required by this
act.
History.-s. 16. ch. 75-257.
~
163.3211 Conflict with other statutes.
-Where this act may be in conflict with any other
provision or provisions of law relating to local gov-
ernments having authority to regulate the develop-
ment of land, the provisions of this act shall govern
unless the provisions of this act are met or exceeded
by other provision or provisions of law relating to lo-
cal government. Nothing in this act is intended to
withdraw or diminish any legal powers or responsibil-
ities of state agencies or change any requirement of
existing law that local regulations comply with state
standards or rules.
History.-s. 17, ch. 75-257.
~1A1f;
COMMUNITY REDEVELOPMENT PJ{}fvJ
Short title. ~
Findings and declarations of necessity. 'rIJ
Definitions. :---
Encouragement of private enterprisY-iJ I. \ ~ '" t1
Workable program. VfI{) r JVYJr
Findi?~ of necessity by counties or munici- J I
pahtJes. 8
163.356 Creation of community redevelopment
agency.
163.357 Governing body as the community redevel-
opment agency.
163.358 Exercise of powers in carrying out commu-
nity redevelopment project and related
activities.
163.360 Community redevelopment plans.
163.361 Modification of community redevelopment
plans.
163.362 Contents of community redevelopment
plan.
163.365 Neighborhood and communitywide plans.
163.367 Public officials, commissioners, and em-
ployees prohibited from acquiring an in-
terest.
163.370 Powers; counties and municipalities; agen-
cies.
163.375 Eminent domain.
163.380 Disposal of property in community rede-
velopment area.
Issuance of revenue bonds.
Redevelopment trust fund.
Bonds as legal investments.
Property exempt from taxes and from levy
and sale by virtue of an execution.
Cooperation by public bodies.
Title of purchaser.
Exercise of powers in counties with home
rule charters.
163.415 Exercise of powers in counties without
home rule charters.
163.430 Powers supplemental to existing communi-
ty redevelopment powers.
163.445 Assistance to community redevelopment
by state agencies.
163.450 Municipal and county participation in
neighborhood development programs
under Pub. L. No. 90-448.
PART III
163.330
163.335
163.340
163.345
163.350
163.355
163.385
163.387
163.390
163.395
163.400
163.405
163.410
787
Ch.163
INTERGOVERNMENTAL PROGRAMS
F.S.19
163.330 Short titIe.-This part shall be known
and may be cited as the "Community Redevelopment
Act of 1969."
History.-s. 1. ch. 69-305.
163.335 Findings and declarations of neces-
sity.-
(1) It is hereby found and declared that there ex-
ist in counties and municipalities of the state slum
and blighted areas which constitute a serious and
growing menace, injurious to the public health, safe-
ty, morals, and welfare of the residents of the state;
that the existence of such areas contributes substan-
tially and increasingly to the spread of disease and
crime, constitutes an economic and social liability
imposing onerous burdens which decrease the tax
base and reduce tax revenues, substantially impairs
or arrests sound growth, retards the provision of
housing accommodations, aggravates traffic problems
and substantially hampers the elimination of traffic
hazards and the improvement of traffic facilities; and
that the prevention and elimination of slums and
blight is a matter of state policy and state concern in
order that the state and its counties and municipali-
ties shall not continue to be endangered by areas
which are focal centers of disease, promote juvenile
delinquency, and consume an excessive proportion of
its revenues because of the extra services required for
police, fire, accident, hospitalization, and other forms
of public protection, services, and facilities.
(2) It is further found and declared that certain
slum or blighted areas, or portions thereof, may re-
quire acquisition, clearance, and disposition subject
to use restrictions, as provided in this part, since the
prevailing condition of decay may make impractica-
ble the reclamation of the area by conservation or re-
habilitation; that other areas or portions thereof may,
through the means provided in this part, be suscepti-
ble of conservation or rehabilitation in such a manner
that the conditions and evils enumerated may be
eliminated, remedied, or prevented; and that salvage-
able slum and blighted areas can be conserved and
rehabilitated through appropriate public action as
herein authorized and the cooperation and voluntary
action of the owners and tenants of property in such
areas.
(3) It is further found and declared that the pow-
ers conferred by this part are for public uses and pur-
poses for which public money may be expended and
the power of eminent domain and police power exer-
cised, and the necessity in the public interest for the
provisions herein enacted is hereby declared as a
matter of legislative determination.
History.-s. 2. ch. 69-305.
163.340 Definitions.-The following terms,
wherever used or r.eferred to in this part, shall have
the following meanings:
(1) "Agency" or "community redevelopment agen-
cy" means a public agency created by s. 163.356 or s.
163.357.
(2) "Public body" means the state or any county,
municipality, authority, district, or any other public
body of the state.
F.S. 1981
(3) "Governing body" means the council or other
legislative body charged with governing the county or
municipality.
(4) "Mayor" means the mayor of a municipality
or, for a county, the chairman of the board of county
commissioners or such other officer as may be consti-
tuted by law to act as the executive head of such mu-
nicipality or county.
(5) "Clerk" means the clerk or other official of the
county or municipality who is the custodian of the of-
ficial records of such county or municipality.
(6) "Federal Government" includes the United
States or any agency or instrumentality, corporate or
otherwise, of the United States.
(7) "Slum area" means an area in which there is a
predominance of buildings or improvements, whether
residential or nonresidential, which by reason of di-
lapidation, deterioration, age, or obsolescence; inade-
quate provision for ventilation, light, air, sanitation,
or open spaces; high density of population and over-
crowding; the existence of conditions which endanger
life or property by fire or other causes; or any combi-
nation of such factors is conducive to ill health, trans-
mission of disease, infant mortality, juvenile delin-
quency, or crime and is detrimental to the public
health, safety, morals, or welfare.
(8) "Blighted area" means either:
(a) An area in which there are a substantial num-
ber of slum, deteriorated, or deteriorating structures
and conditions which endanger life or property by
fire or other causes or one or more of the following
factors which substantially impairs or arrests the
sound growth of a county or municipality and is a
menace to the public health, safety, morals, or wel-
fare in its present condition and use:
1. Predominance of defective or inadequate street
layout;
2. Faulty lot layout in relation to size, adequacy,
accessibility, or usefulness;
3. Unsanitary or unsafe conditions;
4. Deterioration of site or other improvements;
5. Tax or special assessment delinquency exceed-
ing the fair value of the land; and
6. Diversity of ownership or defective or unusual
conditions of title which prevent the free alienability
of land within the deteriorated or hazardous area; or
(b) An area in which there exists faulty or inade-
quate street layout; inadequate parking facilities; or
roadways, bridges, or public transportation facilities
incapable of handling the volume of traffic flow into
or through the area, either at present or following
proposed construction.
However, for purposes of qualifying for the tax cred-
its authorized in chapter 220, "blighted area" means
an area described in paragraph (a).
(9) "Community redevelopment project" means
undertakings and activities of a county, municipality,
or community redevelopment agency in a community
redevelopment area for the elimination and preven-
tion of the development or spread of slums and blight
and may include slum clearance and redevelopment
in a community redevelopment area, rehabilitation or
conservation in a community redevelopment area, or
any cor
commu
(10)
slum aJ
which
for a c.
(11)
plan, a
redeve
(12)
(a)
al neig
aratiO!
progra
(b)
dispos
(13)
impro
any n
tion t
use, It
ited t,
mortg
(14
ing b.
indeb
(15
er, ag
demi:
in cO!
ass1gJ
part
a par
ity.
(H
ners.
stod
trust
simil
(1'
area
mun
the]
(1
thor
ter'
(1
com
otht
(~
chaJ
mer
fire
ing
Hi
1
pri
ext
pro
tun
orl
de'
by
sh~
788
..d
"1
:.19,81 , i
r other
unty or
:ipality
county
consti-
ch mu-
I of the
the of-
Jnited
rate or
~re is a
hether
of di-
inade-
tation,
i over-
:langer
~ombi-
trans-
delin-
public
[num-
.ctures
rty by
lowing
ts the
d is a
,r wel-
street
~uacy,
nts;
(ceed-
lUsual
lbility
'ea; or
nade-
ies; or
:ilities
~ into
owing
cred -
neans
neans
lality,
unity
even-
!>light
'ment
ion or
ea, or
~
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
any combination or part thereof in accordance with a
community redevelopment plan.
(10) "Community redevelopment area" means a
slum area or a blighted area or a combination thereof
which the governing body designates as appropriate
for a community redevelopment project.
(11) "Community redevelopment plan" means a
plan, as it exists from time to time, for a community
redevelopment project.
(12) "Related activities" means:
(a) Planning work for the preparation of a gener-
al neighborhood redevelopment plan or for the prep-
aration or completion of a communitywide plan or
program pursuant to s. 163.365; and
(b) The functions related to the acquisition and
disposal of real property pursuant to s. 163.370(4).
(13) "Real property" means all lands, including
improvements and fixtures thereon, and property of
any nature appurtenant thereto or used in connec-
tion therewith and every estate, interest, right and
use, legal or equitable, therein, including but not lim-
ited to terms for years and liens by way of judgment,
mortgage, or otherwise.
(14) "Bonds" means any bonds (including refund-
ing bonds), notes, interim certificates, certificates of
indebtedness, debentures, or other obligations.
(15) "Obligee" means and includes any bondhold-
er, agents or trustees for any bondholders, or lessor
demising to the county or municipality property used
in connection with community redevelopment, or any
assignee or assignees of such lessor's interest or any
part thereof, and the Federal Government when it is
a party to any contract with the county or municipal-
ity.
(16) "Person" means any individual, firm, part-
nership, corporation, company, association, joint
stock association, or body politic and includes any
trustee, receiver, assignee, or other person acting in a
similar representative capacity.
(17) "Area of operation" means, for a county, the
area within the boundaries of the county, and for a
municipality, the area within the corporate limits of
the municipality.
(18) "Housing authority" means a housing au-
thority created by and established pursuant to chap-
ter 421.
(19) "Board" or "commission" means a board,
commission, department, division, office, body or
other unit of the county or municipality.
(20) "Public officer" means any officer who is in
charge of any department or branch of the govern-
ment of the county or municipality relating to health,
fire, building regulations, or other activities concern-
ing dwellings in the county or municipality.
History.-s. 3, ch. 69-305; s. I, ch. 77-391; s. I, ch. 81-44.
163.345 Encouragement of private enter-
prise.-Any county or municipality, to the greatest
extent it determines to be feasible in carrying out the
provisions of this part, shall afford maximum oppor-
tunity, consistent with the sound needs of the county
or fuunicipality as a whole, to the rehabilitation or re-
development of 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 of community
redevelopment plans, communitywide plans or pro-
grams for community redevelopment, and general
neighborhood redevelopment plans (consistent with
the general plan of the county or municipality), the
exercise of its zoning powers, the enforcement of oth-
er laws, codes and regulations relating to the use of
land and the use and occupancy of buildings and im-
provements, the disposition of any property ac-
quired, and the provision of necessary public im-
provements.
History.-s. 4, ch. 69-305.
163.350 Workable program.-Any county or
municipality for the purposes of this part may formu-
late for the county or municipality a workable pro-
gram for utilizing appropriate private and public re-
sources to eliminate and prevent the development or
spread of slums and urban blight, to encourage need-
ed community rehabilitation, to provide for the rede-
velopment of slum and blighted areas, or to under-
take such of the aforesaid activities or other feasible
county or municipal activities as may be suitably em-
ployed to achieve the objectives of such workable
program. Such workable program may include provi-
sion for the prevention of the spread of blight into ar-
eas of the county or municipality which are free from
blight through diligent enforcement of housing, zon-
ing, and occupancy controls and standards; the reha-
bilitation or conservation of slum and blighted areas
or portions thereof by replanning, removing conges-
tion, providing parks, playgrounds and other public
improvements, encouraging voluntary rehabilitation,
and compelling the repair and rehabilitation of dete-
riorated or deteriorating structures; and the clear-
ance and redevelopment of slum and blighted areas
or portions thereof.
History.-s. 5, ch. 69-305.
163.355 Finding of necessity by counties or
municipalities.-No county or municipality shall
exercise the authority conferred by this part until af-
ter the governing body shall have adopted a resolu-
tion finding that:
(1) One or more slum or blighted areas exist in
such county or municipality; and,
(2) 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.
History.-8. 6, ch. 69-305.
163.356 Creation of community redevelop-
ment agency.-
(1) Upon a finding of necessity as set forth in s.
163.355, and upon a further finding that there is a
need for a community redevelopment agency to func-
tion in the county or municipality to carry out the
community redevelopment purposes of this part, any
county or municipality may create a public body cor-
porate and politic to be known as a community rede-
velopment agency. Each such agency shall be consti-
tuted as a public instrumentality, and the exercise by
789
, . , . , , , , f. "11111
j.i ,
Ch.163
INTERGOVERNMENTAL PROGRAMS
~
F,S.1981
calendar year, which report shall include a complete
financial statement setting forth its assets, liabilities
income, and operating expense as of the end of such
calendar year. At the time of filing the report, the
agency shall publish in a newspaper of general circu-
lation in the community a notice to the effect that
such report has been filed with the county or munici-
pality and that the report is available for inspection
during business hours in the office of the clerk of the
city or county commission and in the office of the
agency.
(d) At any time after the creation of a community
redevelopment agency, the governing body of the
county or municipality may appropriate to the agen-
cy such amounts as the governing body deems neces-
sary for the administrative expenses and overhead of
the agency.
(4) The governing body may remove a commis-
sioner for inefficiency, neglect of duty, or misconduct
in office only after a hearing and only if he has been
given a copy of the charges at least 10 days prior to
such hearing and has had an opportunity to be heard
in person or by counsel.
HistorY.-8. 2, ch. 77-391.
e:
p
1<
b
o
s
n
q
r
r
a community redevelopment agency of the powers
conferred by this part shall be deemed and held to be
the performance of an essential public function. The
community redevelopment agency of a county shall
have the power to function within the corporate lim-
its of a municipality only as, if, and when the govern-
ing body of the municipality has by resolution con-
curred in the community redevelopment plan and
project proposed by the governing body of the coun-
ty.
(2) When the governing body adopts a resolution
declaring the need for a community redevelopment
agency, that body shall, by ordinance, appoint a
board of commissioners of the community redevelop-
ment agency, which shall consist of five commission-
ers. Terms of office of the commissioners shall be for
4 years, except that three of the members first ap-
pointed shall be designated to serve terms of 1, 2, and
3 years, respectively, from the date of their appoint-
ments, and two members shall be designated to serve
for terms of 4 years from the date of their appoint-
ments. A vacancy occurring during a term shall be
filled for the unexpired term.
(3)(a) A commissioner shall receive no compensa-
tion for his services, but shall be entitled to the nec-
essary expenses, including traveling expenses, in-
curred in the discharge of his duties. Each commis-
sioner shall hold office until his successor has been
appointed and has qualified. A certificate of the ap-
pointment or reappointment of any commissioner
shall be filed with the clerk of the county or munici-
pality, and such certificate shall be conclusive evi-
dence of the due and proper appointment of such
commissioner.
(b) The powers of a community redevelopment
agency shall be exercised by the commissioners
thereof. A majority of the commissioners shall consti-
tute a quorum for the purpose of conducting business
and exercising the powers of the agency and for all
other purposes. Action may be taken by the agency
upon a vote of a majority of the commissioners pres-
ent, unless in any case the bylaws shall require a larg-
er number. Any persons may be appointed as com-
missioners if they reside or are engaged in business,
which shall mean owning a business, practicing a pro-
fession, or performing a service for compensation, or
serving as an officer or director of a corporation or
other business entity so engaged, within the area of
operation of the agency, which shall be coterminous
with the area of operation of the county or munici-
pality, and are otherwise eligible for such appoint-
ments under this part.
(c) The governing body of the county or munici-
pality shall designate a chairman and vice chairman
from among the commissioners. An agency may em-
ploy an executive director, technical experts, and
such other agents and employees, permanent and
temporary, as it may require, and determine their
qualifications, duties, and compensation. For such le-
gal service as it may require, an agency may employ
or retain its own counsel and legal staff. An agency 163.358 Exercise of powers in carrying out
authorized to transact business and exercise powers community redevelopment project and related
under this part shall file with the governing body and activities.- The community redevelopment powers
with the Auditor General, on or before March 31 of assigned to a community redevelopment agency cre-
each year, a report of its activities for the preceding ated under s. 163.356 shall include all the powers nec-
790
163.357 Governing body as the community
redevelopment agency.-
(1) As an alternative to the appointment of five
members of the agency, the governing body may, at
the time of the adoption of a resolution under s.
163.355, or at any time thereafter by adoption of a
resolution, declare itself to be the agency, in which
case all the rights, powers, duties, privileges, and im-
munities vested by this part in an agency shall be
vested in the governing body of the county or munici-
pality, subject to all responsibilities and liabilities
imposed or incurred.
(2) Nothing in this part shall prevent the govern-
ing body from conferring the rights, powers, privi-
leges, duties, and immunities of a community rede-
velopment agency upon any entity in existence on
July 1, 1977, which has been authorized by law to
function as a downtown development board or au-
thority or as any other body the purpose of which is
to prevent and eliminate slums and blight through
community redevelopment plans. Any entity in exis-
tence on July 1, 1977, which has been vested with the
rights, powers, privileges, duties, and immunities of a
community redevelopment agency shall be subject to
all provisions and responsibilities imposed by this
part, notwithstanding any provisions to the contrary
in any law or amendment thereto which established
the entity. Nothing in this act shall be construed to
impair or diminish any powers of any redevelopment
agency or other entity as referred to herein in exis-
tence on the effective date of this act or to repeal,
modify, or amend any law establishing such entity,
except as specifically set forth herein.
HistorY.-8. 2, ch. 77-391; 8. 75, ch. 79-400,
?S. 1981
complete
liabilities,
d of such
lport, the
,ral circu-
ffect that
,r munici-
nspection
~rk of the
ce of the
,mmunity
ly of the
the agen-
ns neces-
erhead of
commis-
lsconduct
has been
> prior to
be heard
nmunity
lt of five
, may, at
under s.
tion of a
in which
, and im-
shall be
r munici-
iabilities
e govern-
rs, privi-
ity rede-
tence on
'y law to
'd or au-
which is
through
y in exis-
with the
lities of a
ubject to
I by this
contrary
;ablished
ltrued to
llopment
I in exis-
o repeal,
h entity,
ring out
related
t powers
mcy cre-
'Vers nec-
1 1 " '111 J I
...
F.S. 1981
INTERGOVERNMENT AL PROGRAMS
Ch.163
essary or convenient to carry out and effectuate the
purposes and provisions of this part, except the fol-
lowing, which shall continue to vest in the governing
body of the county or municipality:
(1) The power to determine an area to be a slum
or blighted area, or combination thereof; to designate
such area as appropriate for a community redevelop-
ment project; and to hold any public hearings re-
quired with respect thereto.
(2) The power to grant final approval to commu-
nity redevelopment plans and modifications thereof.
(3) The power to authorize the issuance of reve-
nue bonds as set forth in s. 163.385.
(4) The power to approve the acquisition, demoli-
tion, removal, or disposal of property as provided in
s. 163.370(2) and the power to assume the responsi-
bility to bear lossas provided in s. 163.370(2).
History.-s. 2. ch. 77-391; s. 70, ch_ 81.259.
163.360 Community redevelopment plans.-
(1) A community redevelopment project for a
community redevelopment area shall not be planned
or initiated unless the governing body has, by resolu-
tion, determined such area to be a slum area or a
blighted area, or a comhination thereof, and desig-
nated such area as appropriate for a community rede-
velopment project.
(2) The community redevelopment plan shall:
(a) Conform to the comprehensive plan for the
county or municipality as prepared by the local plan-
ning agency under the Local Government Compre-
hensive Planning Act of 1975.
(b) Be sufficiently complete to indicate such land
acquisition, demolition and removal of structures, re-
development, improvements, and rehabilitation as
may be proposed to be carried out in the community
redevelopment area; zoning and planning changes, if
any; land uses; maximum densities; and building re-
quirements.
(3) The county, municipality, or community re-
development agency may itself prepare or cause to be
prepared a community redevelopment plan, or any
person or agency, public or private, may submit such
a plan to a community redevelopment agency. Prior
to its consideration of a community redevelopment
plan, the community redevelopment agency shall
submit such plan to the local planning agency of the
county or municipality for review and recommenda-
tions as to its conformity with the comprehensive
plan for the development of the county or municipal-
ity as a whole. The local planning agency shall submit
its written recommendations with respect to the con-
formity of the proposed community redevelopment
plan to the community redevelopment agency within
60 days after receipt of the plan for review. Upon re-
ceipt of the recommendations of the local planning
agency, or, if no recommendations are received with-
in said 60 days, then without such recommendations,
the community redevelopment agency may proceed
with its consideration of the proposed community re-
development project.
(4) The community redevelopment agency shall
submit any community redevelopment plan it recom-
mends for approval, together with its written recom-
mendations, to the governing body. The governing
body shall then proceed with the hearing on the pro-
posed community redevelopment project as pre-
scribed by subsection (5).
(5) The governing body shall hold a public hear-
ing on a community redevelopment project after pub-
lic notice thereof by publication in a newspaper hav-
ing a general circulation in the area of operation of
the county or municipality. The notice shall describe
the time, date, place, and purpose of the hearing,
identify generally the community redevelopment
area covered by the plan, and outline the general
scope of the community redevelopment project under
consideration.
(6) Following such hearing, the governing body
may approve a community redevelopment project
and the plan therefor if it finds that:
(a) A feasible method exists for the location of
families who will be displaced from the community
redevelopment area in decent, safe, and sanitary
dwelling accommodations within their means and
without undue hardship to such families;
(b) The community redevelopment plan con-
forms to the general plan of the county or municipali-
ty as a whole;
(c) The community redevelopment plan gives due
consideration to the provision of adequate park and
recreational areas and facilities that may be desirable
for neighborhood improvement, with special consid-
eration for the health, safety, and welfare of children
residing in the general vicinity of the site covered by
the plans; and
(d) The community redevelopment plan will af-
ford maximum opportunity, consistent with the
sound needs of the county or municipality as a whole,
for the rehabilitation or redevelopment of the com-
munity redevelopment area by private enterprise.
(7) If the community redevelopment area consists
of an area of open land to be acquired by the county
or the municipality, such area shall not be so ac-
quired unless:
(a) In the event the area is to be developed for
residential uses, the governing body shall determine:
1. That a shortage of housing of sound standards
and design which is decent, safe, and sanitary exists
in the county or municipality;
2. That the need for housing accommodations has
been or will be increased as a result of the clearance
of slums in other areas;
3. That the conditions of blight in the area and
the shortage of decent, safe, and sanitary housing
cause or contribute to an increase in and spread of
disease and crime and constitute a menace to the
public health, safety, morals, or welfare; and
4. That the acquisition of the area for residential
uses is an integral part of and is essential to the pro-
gram of the county or municipality.
(b) In the event the area is to be developed for
nonresidential uses, the governing body shall deter-
mine that:
1. Such nonresidential uses are necessary and ap-
propriate to facilitate the proper growth and develop-
ment of the community in accordance with sound
planning standards and local community objectives;
and
791
!!, 1'" lll111'
F.S. 1981
F.S. 1981
Ch. 163
INTERGOVERNMENTAL PROGRAMS
2. Acquisition may require the exercise of govern-
mental action, as provided in this part, because of:
a. Defective, or unusual conditions of, title or di-
versity of ownership which prevents the free alien-
ability of such land;
b. Tax delinquency;
c. Improper subdivisions;
d. Outmoded street patterns;
e. Deterioration of site;
f. Economic disuse;
g. Unsuitable topography or faulty lot layouts;
h. Lack of correlation of the area with other areas
of a county or municipality by streets and modern
traffic requirements; or
i. Any combination of such factors or other condi-
tions which retard development of the area.
(8) Upon the approval by the governing body of a
community redevelopment plan or of any modifica-
tion thereof, such plan or modification shall be
deemed to be in full force and effect for the respec-
tive community redevelopment area, and the county
or municipality may then cause the community rede-
velopment agency to carry out such plan or modifica-
tion in accordance with its terms.
(9) Notwithstanding any other provisions of this
part, when the governing body certifies that an area
is in need of redevelopment or rehabilitation as a re-
sult of a flood, fire, hurricane, earthquake, storm, or
other catastrophe, respecting which the Governor has
certified the need for disaster assistance under feder-
allaw, that area may be certified as a "blighted area,"
and the governing body may approve a community
redevelopment plan and a community redevelopment
project with respect to such area without regard to
the provisions of this section requiring a general plan
for the county or municipality and a public hearing
on the community redevelopment project.
History.-s. 7. ch. 69-305; s. 3. ch. 77-391.
163.361 Modification of community redevel-
opment plans.-
(1) If at any time after the approval of a commu-
nity redevelopment plan by the governing body it be-
comes necessary or desirable to amend or modify
such plan, the governing body may amend such plan
upon the recommendation of the agency. The agency
recommendation to amend or modify a redevelop-
ment plan may include a change in the boundaries of
the project area to add land to or exclude land from
the project area.
(2) The governing body shall hold a public hear-
ing on a proposed modification of a community rede-
velopment plan after public notice thereof by publi-
cation in a newspaper having a general circulation in
the area of operation of the agency.
(3) If a community redevelopment plan is modi-
fied by the county or municipality after the lease or
sale of real property in the community redevelop-
ment project area, such modification may be condi-
tioned upon such approval of the owner, lessee, or
successor in interest as the county or municipality
may deem advisable and, in any event, shall be sub-
ject to such rights at law or in equity as a lessee or
purchaser, or his successor or successors in interest,
may be entitled to assert.
History.-s. 4, ch. 77-391.
163.362 Contents of community redevelop-
ment plan.-Every community redevelopment plan
shall:
(1) Contain a legal description of the boundaries
of the community redevelopment project area.
(2) Show by diagram and in general terms:
(a) The approximate amount of open space to be
provided and the street layout.
(b) Limitations on the type, size, height, number,
and proposed use of buildings.
(c) The approximate number of dwelling units.
(d) Such property as is intended for use as public
parks, recreation areas, streets, public utilities, and
public improvements of any nature.
(3) If the project area contains low or moderate
income housing, contain a neighborhood impact ele-
ment, which describes in detail the impact of the
project upon the residents of the project area and the
surrounding areas, in terms of relocation, traffic cir-
culation, environmental quality, availability of com-
munity facilities and services, effect on school popu-
lation, and other matters affecting the physical and
social quality of the neighborhood.
(4) Describe generally the proposed method of fi-
nancing the redevelopment of the project area.
(5) Contain adequate safeguards that the work of
redevelopment will be carried out pursuant to the
plan.
(6) Provide for the retention of controls and the
establishment of any restrictions or covenants run-
ning with land sold or leased for private use for such
periods I)f time and under such conditions as the gov-
erning body deems necessary to effectuate the pur-
poses of this part.
(7) Provide assurances that there will be replace-
ment housing for the relocation of persons temporari-
ly or permanently displaced from housing facilities
within the community redevelopment project area.
(8) Provide an element of residential use in the
project area if such use exists in the area prior to the
adoption of the plan.
History.-s. 5, ch. 77-391.
A general
the deten
the gener
workable
(2) Ai
body aut1
pare or c
for comn
to the g~J
or mUlllC
be limite
measure;
needed a
tion of )
con temp
opment
(3) f.
and mm
time to .
ment of
due reg
round in
commis:
municit:
and to 1
History
163.365 Neighborhood and communitywide
plans.-
(1) Any municipality or county or any public
body authorized to perform planning work may pre-
pare a general neighborhood redevelopment plan for
a community redevelopment area or areas, together
with any adjoining areas having specially related
problems, which may be of such scope that redevel-
opment activities may have to be carried out in
stages. Such plans may include, but not be limited to,
a preliminary plan which:
(a) Outlines the community redevelopment activ-
ities proposed for the area involved;
(b) Provides a framework for the preparation of
community redevelopment plans; and
(c) Indicates generally the land uses, population
density, building coverage, prospective requirements
for rehabilitation and improvement of property and
portions of the area contemplated for clearance and
redevelopment.
163.:
emplo~
est.-
(1)
munici
commli
opmen
or mUll
ers une
involm
indire<
any pI
any co
ty or
contra
opmeI
(2)
terest
writ in
shall
body.
prese]
withil
indin
or ph
ment
in wr
shall
body
ee sh
mun
coml
prop
secti
mad
has
POwi
pro\
792
rmrffnmnllrmnHl11lrn
1981
elop-
, plan
iaries
to be
mber,
tits.
mblic
, and
[erate
t ele-
.f the
d the
c cir-
com-
)OPU-
I and
, of fi-
Irk of
) the
d the
run-
such
, gov-
pur-
.Iace-
>rari-
lities
'ea.
1 the
o the
wide
ublic
pre-
n for
~ther
lated
evel-
It in
,d to,
lCtiv-
m of
Ition
lents
and
and
11111 I
F.S.1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
A general neighborhood redevelopment plan shall, in
the determination of the governing body, conform to
the general plan of the locality as a whole and the
workable program of the county or municipality.
(2) Any county or municipality or any public
body authorized to perform planning work may pre-
pare or complete a communitywide plan or program
for community redevelopment which shall conform
to the general plan for the development of the county
or municipality as a whole and may include, but not
be limited to, identification of slum or blighted areas,
measurement of blight, determination of resources
needed and available to renew such areas, identifica-
tion of potential project areas and types of action
contemplated, and scheduling of community redevel-
opment activities.
(3) Authority is hereby vested in every county
and municipality to prepare, adopt, and revise from
time to time a general plan for the physical develop-
ment of the county or municipality as a whole (giving
due regard to the environs and metropolitan sur-
roundings), to establish and maintain a planning
commission for such purpose and related county or
municipal planning activities, and to make available
and to appropriate necessary funds therefor.
History.-s. 8, ch. 69-305.
163.367 Public officials, commissioners, and
employees prohibited from acquiring an inter-
est.-
(1) No public official or employee of a county or
municipality, or board or commission thereof, and no
commissioner or employee of a community redevel-
opment agency which has been vested by any county
or municipality with community redevelopment pow-
ers under s. 163.356 or s. 163.357, shall voluntarily or
involuntarily acquire any personal interest, direct or
indirect, in any community redevelopment project, in
any property included or planned to be included in
any community redevelopment project of such coun-
ty or municipality, or in any contract or proposed
contract in connection with such community redevel-
opment project.
(2) In the event of involuntary acquisition, the in-
terest acquired shall be immediately disclosed in
writing to the governing body, and such disclosure
shall be entered upon the minutes of the governing
body. If any such official, commissioner, or employee
presently owns or controls, or owned or controlled
within the preceding 2 years, any interest, direct or
indirect, in any property which he knows is included
or planned to be included in a community redevelop-
ment project, he shall immediately disclose this fact
in writing to the governing body, and such disclosure
shall be entered upon the minutes of the governing
body, and any such official, commissioner, or employ-
ee shall not participate in any action by the county or
municipality, or board or commission thereof, or
community redevelopment agency affecting such
property. Any disclosure required to be made by this
section to the governing body shall concurrently be
made to a community redevelopment agency which
has been vested with community redevelopment
powers by the county or municipality pursuant to the
provisions of s. 163.356 or s. 163.357.
(3) No commissioner or other officer of any com-
munity redevelopment agency, board, or commission
exercising powers pursuant to this part shall hold any
other public office under the county or municipality
other than his commissionership or office with re-
spect to such community redevelopment agency,
board, or commission.
(4) Any violation of the provisions of this section
shall constitute misconduct in office.
History.-s. 6, ch. 77-391; s. 76, ch. 79-400.
163.370 Powers; counties and municipali-
ties; agencies.-
(1) Every county and municipality shall have all
the powers necessary or convenient to carry out and
effectuate the purposes and provisions of this part,
including the following powers in addition to others
herein granted:
(a) To make and execute contracts and other in-
struments necessary or convenient to the exercise of
its powers under this part; to disseminate slum clear-
ance and community redevelopment information;
and to undertake and carry out community redevel-
opment projects and related activities within its area
of operation, such projects to include:
1. Acquisition of a slum area or a blighted area or
portion thereof.
2. Demolition and removal of buildings and im-
provements.
3. Installation, construction, or reconstruction of
streets, utilities, parks, playgrounds, and other im-
provements necessary for carrying out in the commu-
nity redevelopment area the community redevelop-
ment objectives of this part in accordance with the
community redevelopment plan.
4. Disposition of any property acquired in the
community redevelopment area at its fair value for
uses in accordance with the community redevelop-
ment plan.
5. Carrying out plans for a program of voluntary
or compulsory repair and rehabilitation of buildings
or other improvements in accordance with the com-
munity redevelopment plan.
6. Acquisition of real property in the community
redevelopment area which, under the community re-
development plan, is to be repaired or rehabilitated
for dwelling use or related facilities, repair or rehabil-
itation of the structures for guidance purposes, and
resale of the property.
7. Acquisition of any other real property in the
community redevelopment area when necessary to
eliminate unhealthful, unsanitary or unsafe condi-
tions, lessen density, eliminate obsolete or other uses
detrimental to the public welfare, or otherwise to re-
move or prevent the spread of blight or deterioration,
or to provide land for needed public facilities.
8. Acquisition, without regard to any requirement
that the area be a slum or blighted area, of air rights
in an area consisting principally of land in highways,
railway or subway tracks, bridge or tunnel entrances,
or other similar facilities which have a blighting in-
fluence on the surrounding area and over which air
rights sites are to be developed for the elimination of
such blighting influences and for the provision of
housing (and related facilities and uses) designed
793
~ .",'IPll1!ITTI
r~
F.S. 1981
F.S. 19~
Ch.163
INTERGOVERNMENTAL PROGRAMS
specifically for, and limited to, families and individu-
als of low or moderate income.
9. Construction of foundations and platforms
necessary for the provision of air rights sites of hous-
ing (and related facilities and uses) designed specifi-
cally for, and limited to, families and individuals of
low or moderate income.
(b) To provide, or to arrange or contract for, the
furnishing or repair by any person or agency, public
or private, of services, privileges, works, streets,
roads, public utilities or other facilities for or in con-
nection with a community redevelopment project; to
install, construct, and reconstruct streets, utilities,
parks, playgrounds, and other public improvements;
and to agree to any conditions that it may deem rea-
sonable and appropriate attached to federal financial
assistance and imposed pursuant to federal law relat-
ing to the determination of prevailing salaries or wag-
es or compliance with labor standards, in the under-
taking or carrying out of a community redevelopment
project and related activities, and to include in any
contract let in connection with such a project and re-
lated activities provisions to fulfill such of said condi-
tions as it may deem reasonable and appropriate.
(c) Within its area of operation:
1. To enter into any building or property in any
community redevelopment area in order to make in-
spections, surveys, appraisals, soundings, or test bor-
ings and to obtain an order for this purpose from a
court of competent jurisdiction in the event entry is
denied or resisted.
2. To acquire by purchase, lease, option, gift,
grant, bequest, devise, eminent domain, or otherwise,
any real property (or personal property for its admin-
istrative purposes), together with any improvements
thereon.
3. To hold, improve, clear, or prepare for redevel-
opment any such property.
4. To mortgage, pledge, hypothecate, or otherwise
encumber or dispose of any real property.
5. To insure or provide for the insurance of any
real or personal property or operations of the county
or municipality against any risks or hazards, includ-
ing the power to pay premiums on any such insur-
ance.
6. To enter into any contracts necessary to effec-
tuate the purposes of this part.
(d) To invest any community redevelopment
funds held in reserves or sinking funds or any such
funds not required for immediate disbursement in
property or securities in which savings banks may le-
gally invest funds subject to their control; and to re-
deem such bonds as have been issued pursuant to s.
163.385 of this part at the redemption price estab-
lished therein or to purchase such bonds at less than
redemption price, all such bonds so redeemed or pur-
chased to be canceled.
(e) To borrow money and to apply for and accept
advances, loans, grants, contributions and any other
form of financial assistance from the Federal Govern-
ment or the state, county, or other public body, or
from any sources, public or private, for the purposes
of this part, and to give such security as may be re-
quired and to enter into and carry out contracts or
agreements in connection therewith; and to include
,TITfll'l", I! 11' 11!! '111 T!lT'l'TTTT.
,'ill
in any contract for financial assistance with the Fed-
eral Government for or with respect to a community
redevelopment project and related activities such
conditions imposed pursuant to federal laws as the
county or municipality may deem reasonable and ap-
propriate and which are not inconsistent with the
purposes of this part.
(f) Within its area of operation, to make or have
made all surveys and plans necessary to the carrying
out of the purposes of this part and to contract with
any person, public or private, in making and carrying
out such plans and to adopt or approve, modify and
amend such plans, which plans may include, but not
be limited to:
1. Plans for carrying out a program of voluntary
or compulsory repair and rehabilitation of buildings
and improvements.
2. Plans for the enforcement of state and local
laws, codes, and regulations relating to the use of
land and the use and occupancy of buildings and im-
provements and to the compulsory repair, rehabilita-
tion, demolition, or removal of buildings and im-
provements.
3. Appraisals, title searches, surveys, studies, and
other plans and work necessary to prepare for the un-
dertaking of community redevelopment projects and
related activities.
(g) To develop, test, and report methods and
techniques, and carry out demonstrations and other
activities, for the prevention and the elimination of
slums and urban blight and developing and demon-
strating new or improved means of providing housing
for families and persons of low income.
(h) To apply for, accept and utilize grants of
funds from the Federal Government for such pur-
poses.
(i) To prepare plans for and assist in the reloca-
tion of persons (including individuals, families, busi-
ness concerns, nonprofit organizations and others)
displaced from a community redevelopment area,
and to make relocation payments to or with respect
to such persons for moving expenses and losses of
property for which reimbursement or compensation
is not otherwise made, including the making of such
payments financed by the Federal Government.
(j) To appropriate such funds and make such ex-
penditures as may be necessary to carry out the pur-
poses of this part; to zone or rezone any part of the
county or municipality or make exceptions from
building regulations; and to enter into agreements
with a housing authority, which agreements may ex-
tend over any period, notwithstanding any provision
or rule of law to the contrary, respecting action to be
taken by such county or municipality pursuant to
any of the powers granted by this part.
(k) To close, vacate, plan, or replan streets, roads,
sidewalks, ways or other places; and to plan or replan
any part of the county or municipality.
(1) Within its area of operation, to organize, coor-
dinate, and direct the administration of the provi-
sions of this part, as they may apply to such county
or municipality in order that the objective of remedy-
ing slum and blighted areas and preventing the
causes thereof within such county or municipality
may be most effectively promoted and achieved, and
to estab
municir
to carry
(m)
powers
exercisf
(2)
commu
(a)
ment p
plan, a,
opmen1
the pro
tion, dl
trative
(b)
that m
ty und
proper
opmen
Histor
163
(1)
develo
mumc
by CO!
cludin
neces.
devel(
part.
velop!
nicipf
doma
and a
to, or
the II
byar.
the p
voted
HOWl
State
state
(2)
tion I
teres
emin
mon:
miss
pens
mon
(a
sucb
subj
corr
mea
poli
sud
dare
hea
(l
any
of t
tior
tiOI
794
1981
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
Fed-
mity
such
I the
i ap-
I the
to establish such new office or offices of the county or
municipality or to reorganize existing offices in order
to carry out such purpose most effectively.
(m) To exercise all or any part or combination of
powers herein granted or to elect to have such powers
exercised by a community redevelopment agency.
(2) With the approval of the governing body, a
community redevelopment agency may:
(a) Prior to approval of a community redevelop-
ment plan or approval of any modifications of the
plan, acquire real property in a community redevel-
opment area, demolish and remove any structures on
the property, and pay all costs related to the acquisi-
tion, demolition, or removal, including any adminis-
trative or relocation expenses.
(b) Assume the responsibility to bear any loss
that may arise as the result of the exercise of authori-
ty under this subsection, in the event that the real
property is not made part of the community redevel-
opment project.
History.-s. 9, ch. 69-305; s. 7, ch. 77-391.
have
-ying
with
-ying
and
l not
ltary
lings
local
Ie of
I im-
lita-
Im-
and
! un-
and
163.375 Eminent domain.-
(1) Any county, municipality, or community re-
development agency as provided by any county or
municipal ordinance shall have the right to acquire
by condemnation any interest in real property, in-
cluding a fee simple title thereto, which it may deem
necessary for, or in connection with, a community re-
development project and related activities under this
part. Any county, municipality, or community rede-
velopment agency as provided by any county or mu-
nicipal ordinance may exercise the power of eminent
domain in the manner provided in chapters 73 and 74
and acts amendatory thereof or supplementary there-
to, or it may exercise the power of eminent domain in
the manner now or which may be hereafter provided
by any other statutory provisions for the exercise of
the power of eminent domain. Property already de-
voted to a public use may be acquired in like manner.
However, no real property belonging to the United
States, the state, or any political subdivision of the
state may be acquired without its consent.
(2) In any proceeding to fix or assess compensa-
tion for' damages for the taking of property, or any in-
terest therein, through the exercise of the power of
eminent domain or condemnation, evidence or testi-
mony bearing upon the following matters shall be ad-
missible and shall be considered in fixing such com-
pensation or damages in addition to evidence or testi-
mony otherwise admissible:
(a) Any use, condition, occupancy, or operation of
such property, which is unlawful or violative of, or
subject to elimination, abatement, prohibition, or
correction under, any law, ordinance, or regulatory
measure of the state, county, municipality, or other
political subdivision, or any agency thereof, in which
such property is located, as being unsafe, substan-
dard, unsanitary, or otherwise contrary to the public
health, safety, morals, or welfare;
(b) The effect on the value of such property, of
any such use, condition, occupancy, or operation, or
of the elimination, abatement, prohibition, or correc-
tion of any such use, condition, occupancy, or opera-
tion.
and
ther
n of
1I0n-
.sing
s of
pur-
oca-
!Usi-
,ers)
.rea,
pect
s of
tion
lUch
. ex-
our-
'the
rom
mts
ex-
sion
) be
t to
ads,
>lan
:>or-
ovi-
IDty
,dy-
the
lity
and
~,
n n 1"11' i"T 11 ,'tl n n
(3) The foregoing testimony and evidence shall
be admissible notwithstanding that no action has
been taken by any public body or public officer to-
ward the abatement, prohibition, elimination, or cor-
rection of any such use, condition, occupancy, or op-
eration. Testimony or evidence that any public body
or public officer charged with the duty or authority
so to do has rendered, made, or issued any judgment,
decree, determination, or order for the abatement,
prohibition, elimination, or correction of any such
use, condition, occupancy, or operation shall be ad-
missible and shall be prima facie evidence of the exis-
tence and character of such use, condition, or opera-
tion.
Hi.tory.-s. 10, ch. 69-305; s. 8, ch. 77-391.
163.380 Disposal of property in community
redevelopment are a.-
(1) Any county, municipality, or community re-
development agency may sell, lease, dispose of, or
otherwise transfer real property or any interest there-
in acquired by it for a community redevelopment
project or in a community redevelopment area to any
private person, or may retain such property for pub-
lic use, and may enter into contracts with respect
thereto for residential, recreational, commercial, in-
dustrial, educational, or other uses, in accordance
with the community redevelopment plan, subject to
such covenants, conditions, and restrictions, includ-
ing covenants running with the land, as it may deem
to be necessary or desirable to assist in preventing
the development or spread of future slums or blight-
ed areas or to otherwise carry out the purposes of this
part. However, such sale, lease, other transfer, or re-
tention, and any agreement relating thereto, may be
made only after the approval of the community rede-
velopment plan by the governing body. The purchas-
ers or lessees and their successors and assigns shall be
obligated to devote such real property only to the
uses specified in the community redevelopment plan,
and may be obligated to comply with such other re-
quirements as the county, municipality, or communi-
ty redevelopment agency may determine to be in the
public interest, including the obligation to begin any
improvements on such real property required by the
community redevelopment plan within a reasonable
time.
(2) Such real property or interest shall be sold,
leased, otherwise transferred, or retained at not less
than its fair value for uses in accordance with the
community redevelopment plan and in accordance
with such reasonable competitive bidding procedures
as any county, municipality, or community redevel-
opment agency may prescribe. In determining the
fair value of real property for uses in accordance with
the community redevelopment plan, the county, mu-
nicipality, or community redevelopment agency shall
take into account and give consideration to the uses
provided in such plan; the restrictions upon, and the
covenants, conditions, and obligations assumed by,
the purchaser or lessee or by the county, municipali-
ty, or community redevelopment agency retaining
the property; and the objectives of such plan for the
prevention of the recurrence of slum or blighted ar-
eas. The county, municipality, or community redevel-
795
Pn.
.~ It
Ii
\ i
I !
II
. '
~ i
I j
!!
11
j
i'
t,
f:
i ~
it:
HI
~ ~,;
Ch.163
INTERGOVERNMENTAL PROGRAMS
F.S. 1981
opment agency may provide in any instrument of
conveyance to a private purchaser or lessee that such
purchaser or lessee shall be without power to sell,
lease, or otherwise transfer the real property without
the prior written consent of the county, municipality,
or community redevelopment agency until he has
completed the construction of any or all improve-
ments which he has obligated himself to construct
thereon. Real property acquired by the county, mu-
nicipality, or community redevelopment agency
which, in accordance with the provisions of the com-
munity redevelopment plan, is to be transferred,
shall be transferred as rapidly as feasible in the pub-
lic interest, consistent with the carrying out of the
provisions of the community redevelopment plan.
Any contract for such transfer and the community
redevelopment plan, or such part or parts of such
contract or plan as the county, municipality, or com-
munity redevelopment agency may determine, may
be recorded in the land records of the clerk of the cir-
cuit court in such manner as to afford actual or con-
structive notice thereof.
(3) Prior to disposition of any real property or in-
terest therein in a community redevelopment area,
any county, municipality, or community redevelop-
ment agency shall give public notice of such disposi-
tion by publication in a newspaper having a general
circulation in the community, at least 30 days prior
to the execution of any contract to sell, lease, or oth-
erwise transfer real property and, prior to the deliv-
ery of any instrument of conveyance with respect
thereto under the provisions of this section, invite
proposals from, and make all pertinent information
available to, private redevelopers or any persons in-
terested in undertaking to redevelop or rehabilitate a
community redevelopment area or any part thereof.
Such notice shall identify the area or portion thereof
and shall state that proposals shall be made by those
interested within 30 days after the date of publica-
tion of said notice and that such further information
as is available may be obtained at such office as shall
be designated in said notice. The county, municipali-
ty, or community redevelopment agency shall consid-
er all such redevelopment or rehabilitation proposals
and the financial and legal ability of the persons
making such proposals to carry them out, and may
negotiate with any persons for proposals for the pur-
chase, lease, or other transfer of any real property ac-
quired by the county, municipality, or community re-
development agency in the community redevelop-
ment area. The county, municipality, or community
redevelopment agency may accept such proposal as it
deems to be in the public interest and in furtherance
of the purposes ofthis part; however, a notification of
intention to accept such proposal shall be filed with
the governing body not less than 30 days prior to any
such acceptance. Thereafter, the county, municipali-
ty, or community redevelopment agency may execute
such contract in accordance with the provisions of
subsection (1) and deliver deeds, leases, and other in-
struments and take all steps necessary to effectuate
such contract.
(4) Any county, municipality, or community re-
development agency may temporarily operate and
maintain real property acquired by it in a community
redevelopment area for or in connection with a com-
munity redevelopment project pending the disposi-
tion of the property as authorized in this part, with-
out regard to the provisions of subsection (0, for
such uses and purposes as may be deemed desirable,
even though not in conformity with the community
redevelopment plan.
History.-s. 11, ch. 69-305; s. 9, ch. 77-391.
163.385 Issuance of revenue bonds,-
(1) When authorized by resolution or ordinance
of the governing body, every county, municipality, or
community redevelopment agency shall have power
in its corporate capacity, in its discretion, to issue ne-
gotiable redevelopment revenue bonds from time to
time to finance the undertaking of any community
redevelopment project under this part, including,
without limiting the generality thereof, the payment
of principal and interest upon any advances for sur-
veys and plans or preliminary loans, and shall have
power to issue refunding bonds for the payment or
retirement of bonds or other obligations previously
issued. The security for such bonds may be based
upon the anticipated assessed valuation of the com-
pleted community redevelopment project and such
other revenues as may be legally available. In antici-
pation of the sale of such revenue bonds, the county,
municipality, or community redevelopment agency
may issue negotiable bond anticipation notes and
may renew the same from time to time, but the maxi-
mum maturity of any such note, including renewals
thereof, shall not exceed 5 years from the date of is-
sue of the original note. Such notes shall be paid from
any revenues of the county, municipality, or agency
available therefor and not otherwise pledged or from
the proceeds of sale of the revenue bonds in anticipa-
tion of which they were issued.
(2) Bonds issued under this section shall not con-
stitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restric-
tion, and shall not be subject to the provisions of any
other law or charter relating to the authorization, is-
suance, or sale of bonds. Bonds issued under the pro-
visions of this part are declared to be issued for an es-
sential public and governmental purpose and, togeth-
er with interest thereon and income therefrom, shall
be exempted from all taxes, except those taxes im-
posed by chapter 220 on interest, income, or profits
on debt obligations owned by corporations.
(3) Bonds issued under this section shall be au-
thorized by resolution or ordinance of the governing
body; may be issued in one or more series; and shall
bear such date or dates, be payable upon demand or
mature at such time or times, bear interest at such
rate or rates, be in such denomination or denomina-
tions, be in such form either with or without coupon
or registered, carry such conversion or registration
privileges, have such rank or priority, be executed in
such manner, be payable in such medium of payment
at such place or places, be subject to such terms of re-
demption (with or without premium), be secured in
such manner, and have such other characteristics as
may be provided by such resolution or ordinance or
by a trust indenture or mortgage issued pursuant
thereto. Bonds issued under this section may be sold
796
T
F.S. 1981
in such m1
for such p
will effect\
(4) In I
ty, munici
cy whose ~
issued Ull(
before thl
shall, nevI
poses, the
office unt
the contll
suant to t
(5) In
the validi
der this {:
reciting i
county, r
agency II
ment pro
deemed '
such pro
been pIal
with the
History.~
s. 77, ch. 79-.
163.3;
(1) 1
ty redev
redevelo
posited
finance
project i
agency !
powers
erning t
ing of t]
of a COI
funding
an amo
come, p
munici)
its und,
velopm
shall t I
amoun' ,
(a)
year b~
on tax
graphi,
projec1
(b)
have b
levied
school
the ta
ment
ment
such)
effecti
nity r,
(2)
trust
excep
..._."~.~~
..
'.S. 1981
.h a com-
, disposi-
1rt, with-
I (1), for
lesirable,
mmunity
,rdinance
pality, or
.e power
issue ne-
1 time to
mmunity
Icluding,
payment
I for sur-
lall have
rment or
reviously
Je based
the com-
md such
n antici-
~ county,
t agency
Jtes and
he maxi-
renewals
lte of is-
aid from
r agency
I or from
mticipa-
not con-
g of any
r restric-
IS of any
ltion, is-
the pro-
or an es-
, togeth-
1m, shall
!lXes im-
r profits
11 be au-
Jverning
nd shall
mand or
at such
nomina-
;coupon
istration
cuted in
>ayment
ns of re-
cured in
'istics as
lance or
,ursuant
, be sold
T
..
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
in such manner, either at public or private sale, and
for such price as the governing body may determine
will effectuate the purpose of this part.
(4) In case any of the public officials of the coun-
ty, municipality, or community redevelopment agen-
cy whose signatures appear on any bonds or coupons
issued under this part shall cease to be such officials
before the delivery of such bonds, such signatures
shall, nevertheless, be valid and sufficient for all pur-
poses, the same as if such officials had remained in
office until such delivery. Any provision of any law to
the contrary notwithstanding, any bonds issued pur-
suant to this part shall be fully negotiable.
(5) In any suit, action, or proceeding involving
the validity or enforceability of any bond issued un-
der this part, or the security therefor, any such bond
reciting in substance that it has been issued by the
county, municipality, or community redevelopment
agency in connection with a community redevelop-
ment project, as herein defined, shall be conclusively
deemed to have been issued for such purpose, and
such project shall be conclusively deemed to have
been planned, located, and carried out in accordance
with the provisions of this part.
History.-s. 12. ch. 69-305; s. 12. ch. 73-302; s. 2, ch_ 76-147; s_ 10, ch. 77-391;
s. 77, ch. 79-400.
such fund a sum which is no less than the increment
of ad valorem tax revenues as defined and deter-
mined in paragraphs (l)(a) and (b) accruing to said
taxing authority.
(3) The obligation of a local governing body to
fund the redevelopment trust fund annually shall
continue until all loans, advances, and indebtedness,
if any, and interest thereon, of a community redevel-
opment agency incurred as a result of a community
redevelopment project have been paid, but only to
the extent that the tax increment described in this
section accrues.
(4) The revenue bonds and notes of every issue
under this part shall be payable solely out of reve-
nues pledged to and received by a community rede-
velopment agency and deposited to its redevelop-
ment trust fund. The lien created by such bonds or
notes shall not attach until the revenues referred to
herein are deposited in the redevelopment trust fund
at the times, and to the extent that, such revenues ac-
crue. The holders of such bonds or notes shall have
no right to require the imposition of any tax or the
establishment of any rate of taxation in order to ob-
tain the amounts necessary to pay and retire such
bonds or notes. The redevelopment trust fund shall
receive the tax increment described in this section
only as, if, and when such taxes are collected.
(5) Revenue bonds issued under the provisions of
this part shall not be deemed to constitute a debt, lia-
bility, or obligation of the local governing body or the
state or any political subdivision thereof, or a pledge
of the faith and credit of the local governing body or
the state or any political subdivision thereof, but
shall be payable solely from the revenues provided
therefor. All such revenue bonds shall contain on the
face thereof a statement to the effect that the agency
shall not be obligated to pay the same or the interest
thereon except from the revenues of the community
redevelopment agency held for that purpose and that
neither the faith and credit nor the taxing power of
the local governing body or of the state or of any po-
litical subdivision thereof is pledged to the payment
of the principal of, or the interest on, such bonds.
History.-s. 11, ch. 77-391; s. 78, ch. 79-400.
163.387 Redevelopment trust fund.-
(1) There shall be established for each communi-
ty redevelopment agency created under s. 163.356 a
redevelopment trust fund. Funds allocated to and de-
posited into this fund shall be used by the agency to
finance or refinance each community redevelopment
project it undertakes. No community redevelopment
agency shall exercise any community redevelopment
powers under this section unless and until the gov-
erning body has, by ordinance, provided for the fund-
ing of the redevelopment trust fund for the duration
of a community redevelopment project. The annual
funding of the redevelopment trust fund shall be in
an amount not less than that increment in the in-
come, proceeds, revenues, and funds of the county or
municipality derived from or held in connection with
its undertaking and carrying out of community rede-
velopment projects under this part. Such increment
shall be determined annually and shall be that 163.390 Bonds as legal investments.-All
amount equal to the difference between: banks, trust companies, bankers, savings banks and
(a) The amount of ad valorem taxes levied each institutions, building and loan associations, savings
year by all taxing authorities except school districts and loan associations, investment companies, and
on taxable real property contained within the geo- other persons carrying on a banking or investment
graphic boundaries of a community redevelopment business; all insurance companies, insurance associa-
project; and tions, and other persons carrying on an insurance
(b) The amount of ad valorem taxes which would business; and all executors, administrators, curators,
have been produced by the rate upon which the tax is trustees, and other fiduciaries may legally invest any
levied each year by or for all taxing authorities except sinking funds, moneys, or other funds' belonging to
school districts upon the total of the assessed value of them or within their control in any bonds or other
the taxable property in the community redevelop- obligations issued by a county or municipality pursu-
ment project as shown upon the most recent assess- ant to this part or by any community development
ment roll used in connection with the taxation of agency vested with community redevelopment proj-
such property by each taxing authority prior to the ect powers. Such bonds and other obligations shall be
effective date of the ordinance approving the commu- authorized security for all public deposits. It is the
nity redevelopment plan. purpose of this section to authorize any persons, po-
(2) Upon the establishment of a redevelopment litical subdivisions, and officers, public or private, to
trust fund as herein provided, each taxing authority use any funds owned or controlled by them for the
except school districts shall annually appropriate to purchase of any such bonds or other obligations.
797
r!!lflln
Ch.163
F.S.1981
,...
INTERGOVERNMENTAL PROGRAMS
F.~
Nothing contained in this section with regard to legal
investments shall be construed as relieving any per-
son of any duty of exercising reasonable care in se-
lecting securities.
History.-s. 13, ch. 69-305; s. 12, ch. 77-391.
163.395 Property exempt from taxes and
from levy and sale by virtue of an execution.-
(1) All property of any county, municipality, or
community redevelopment agency, including funds,
owned or held by it for the purposes of this part shall
be exempt from levy and sale by virtue of an execu-
tion, and no execution or other judicial process shall
issue against the same nor shall judgment against the
county, municipality, or community redevelopment
agency be a charge or lien upon such property. How-
ever, the provisions of this section shall not apply to
or limit the right of obligees to pursue any remedies
for the enforcement of any pledge or lien given pur-
suant to this part by the county or municipality on
its rents, fees, grants, or revenues from community
redevelopment projects.
(2) The property of the county, municipality, or
community redevelopment agency acquired or held
for the purposes of this part is declared to be public
property used for essential public and governmental
purposes, and such property shall be exempt from all
taxes of the municipality, the county, or the state or
any political subdivision thereof. However, such tax
exemption shall terminate when the county, munici-
pality, or community redevelopment agency sells,
leases, or otherwise disposes of such property in a
community redevelopment area to a purchaser or les-
see which is not a public body entitled to tax exemp-
tion with respect to such property.
History.-s. 14, ch. 69-305; s. 13, ch. 77-391.
of funds or other assistance in connection with a
community redevelopment project and related activi-
ties.
(f) Cause public buildings and public facilities,
including parks, playgrounds, recreational, communi-
ty, educational, water, sewer, or drainage facilities, or
any other works which it is otherwise empowered to
undertake to be furnished; furnish, dedicate, close,
vacate, pave, install, grade, regrade, plan, or replan
streets, roads, sidewalks, ways, or other places; plan
or replan or zone or rezone any part of the public
body or make exceptions from building regulations;
and cause administrative and other services to be fur-
nished to the county or municipality.
as
le~
f
h(
ad
th
m
b<
n
gl
c(
if
S
Sl
If at any time title to or possession of any community
redevelopment project is held by any public body or
governmental agency, other than the county or mu-
nicipality, which is authorized by law to engage in the
undertaking, carrying out, or administration of com-
munity redevelopment projects and related activities,
including any agency or instrumentality of the Unit-
ed States, the provisions of the agreements referred
to in this section shall inure to the benefit of and may
be enforced by such public body or governmental
agency. As used in this subsection, the term "county
or municipality" shall also include a community rede-
velopment agency.
(2) Any sale, conveyance, lease, or agreement pro-
vided for in this section may be made by a public
body without appraisal, public notice, advertisement,
or public bidding.
(3) For the purpose of aiding in the planning, un-
dertaking, or carrying out of any community redevel-
opment project and related activities of a community
redevelopment agency or a housing authority hereun-
der, any county or municipality may, in addition to
its other powers and upon such terms, with or with-
out consideration, as it may determine, do and per-
form any or all of the actions or things which, by the
provisions of subsection (1), a public body is author-
ized to do or perform, including the furnishing of fi-
nancial and other assistance.
(4) For the purposes of this section, or for the
purpose of aiding in the planning, undertaking, or
carrying out of a community redevelopment project
and related activities of a county or municipality,
such county or municipality may, in addition to any
authority to issue bonds pursuant to s. 163.385, issue
and sell its general obligation bonds. Any bonds is-
sued by the county or municipality pursuant to this
section shall be issued in the manner and within the
limitations prescribed by the applicable laws of this
state for the issuance and authorization of general
obligation bonds by such county or municipality.
Nothing in this section shall limit or otherwise ad-
versely affect any other section of this part.
History.-s. 15. ch. 69-305; s. 14. ch. 77-391; s. 79, ch. 79-400,
c:
p
c
~
f
B
1
I
163.400 Cooperation by public bodies.-
(1) For the purpose of aiding in the planning, un-
dertaking, or carrying out of a community redevelop-
ment project and related activities authorized by this
part, any public body may, upon such terms, with or
without consideration, as it may determine:
(a) Dedicate, sell, convey, or lease any of its inter-
est in any property or grant easements, licenses, or
other rights or privileges therein to a county or mu-
nicipality.
(b) Incur the entire expense of any public im-
provements made by such public body in exercising
the powers granted in this section.
(c) Do any and all things necessary to aid or coop-
erate in the planning or carrying out of a community
redevelopment plan and related activities.
(d) Lend, grant, or contribute funds to a county
or municipality; borrow money; and apply for and ac-
cept advances, loans, grants, contributions, or any
other form of financial assistance, from the Federal
Government, the state, county or other public body,
or any other source.
(e) Enter into agreements, which may extend 163.405 Title of purchaser.-Any instrument
over any period, notwithstanding any provision or executed by any county, municipality, or community
rule oflaw to the contrary, with the Federal Govern- redevelopment agency and purporting to convey any
ment, a county or municipality, or other public body right, title, or interest in any property under this part
respecting action to be taken pursuant to any of the shall be conclusively presumed to have been executed
powers granted by this part, including the furnishing in compliance with the provisions of this part insofar
798
PIT!' ;111111("nHrl-
.. i' j j i j id.,.tolHHl.U.H1H..LilHUHJ1..i.l.4.l.H1Ul!Jl
S. 1.981
with a
d activi-
lcilities,
mmuni-
Iities, or
vered to
e, close,
r replan
es; plan
! public
Ilations;
) be fur-
Imunity
body or
or mu-
'e in the
of com-
tivities,
Ie Unit-
'eferred
nd may
1m ental
'county
;y rede-
lOt pro-
public
lement,
ng, un-
edevel-
munity
lereun-
tion to
r with-
Id per-
by the
lUthor-
g of fi-
for the
ing, or
project
pality,
to any
;, issue
nds is-
to this
lin the
of this
:eneral
pality.
.se ad-
ument
nunity
~y any
is part
~cuted
nsofar
l ijjJi ,
, '
T
\
..
F.S. 1981
INTERGOVERNMENTAL PROGRAMS
Ch.163
as title or other interest of any bona fide purchasers,
lessees, or transferees of such property is concerned.
History.-s. 16. ch. 69-305; s. 15, ch. 77-391.
163.410 Exercise of powers in counties with
home rule charters.-In counties which have
adopted home rule charters, the powers conferred by
this part shall be exercised exclusively by the govern-
ing body of such county. However, the governing
body of any such county which has adopted a home
rule charter may, in its discretion, by resolution dele-
gate the exercise of the powers conferred upon said
county by this part within the boundaries of a munic-
ipality to the governing body of such a municipality.
Such a delegation to a municipality shall confer only
such powers upon a municipality as shall be specifi-
cally enumerated in the delegating resolution. Any
power not specifically delegated shall be reserved ex-
clusively to the governing body of the county.
History.-s. 17. ch. 69-305.
163.415 Exercise of powers in counties
without home rule charters.- The powers con-
ferred by this part upon counties not having adopted
a home rule charter shall not be exercised within the
boundaries of a municipality within said county un-
less the governing body of the municipality expresses
its consent by resolution. Such a resolution consent-
ing to the exercise of the powers conferred upon
counties by this part shall specifically enumerate the
powers to be exercised by the county within the
boundaries of the municipality. Any power not spe-
cifically enumerated in such a resolution of consent
shall be exercised exclusively by the municipality
within its boundaries.
History.-s. 18. ch. 69-305.
163.430 Powers supplemental to existing
community redevelopment powers.- The powers
conferred upon counties or municipalities by this
part shall be supplemental to any community rede-
velopment powers now being exercised by any county
or municipality in accordance with the provisions of
any population act, special act, or under the provi-
sions of the home rule charter for Dade County, or
under the provision of the charter of the consolidated
City of Jacksonville.
History.-s. 21. ch. 69-305.
163.445 Assistance to community redevelop-
ment by state agencies.-State agencies may pro-
vide technical and advisory assistance, upon request,
to municipalities, counties, and community redevel-
opment agencies for a community redevelopment
project as defined in this part. Such assistance may
include, but need not be limited to, preparation of
workable programs, relocation planning, special sta-
tistical and other studies and compilations, technical
evaluations and information, training activities, pro-
fessional services, surveys, reports, documents, and
any other similar service functions. If sufficient funds
and personnel are available, these services shall be
provided without charge.
History.-s. 25, ch. 69-305; s. 16. ch. 77-391.
163.450 Municipal and county participation
in neighborhood development programs under
Pub. L. No. 90-448.-Nothing contained herein
shall be construed to prevent a county or municipali-
ty which is engaging in community redevelopment
activities hereunder from participating in the neigh-
borhood development program under the Housing
Act of 1968 (Pub. L. No. 90-448) or in any amend-
ments subsequent thereto.
History.-s. 26, ch. 69-305.
PART IV
REGIONAL TRANSPORTATION AUTHORI-
TIES
163.565
163.566
163.567
163.568
163.569
163.570
163.571
163.572
Short title.
Definitions.
Regional transportation authorities.
Purposes and powers.
Exemption from regulation.
Special region taxation.
Issuance of bonds.
Expansion of area.
163,565 Short title.-This part shall be known
and may be cited as the "Regional Transportation
Authority Law."
History.-s. I, ch. 71-373; s. I, ch. 73-278.
163.566 Definitions.-As used in this part, and
unless the context clearly indicates otherwise:
(1) "Authority" means a body politic and corpo-
rate created pursuant to this part.
(2) "Member" means the municipality, county, or
political subdivision which, in combination with an-
other member or members, comprises the authority.
(3) "Board of directors," hereinafter referred to as
the board, means the governing body of the authori-
ty.
(4) "Director" means a person appointed to the
board by a member. No person who serves without
salary as a director or in any other appointed position
of the authority shall be in violation of s. 99.012(2) by
reason of holding such office.
(5) "Regional transportation area" means that
area the boundaries of which are identical to the
boundaries of the political subdivisions or other legal
entities which constitute the authority.
(6) "Municipality" means any city with a popula-
tion of over 50,000 within the regional transportation
area.
(7) "County" means any county within the region-
al transportation area.
(8) "Public transportation" means transportation
of passengers by means, without limitation, of a
street railway, elevated railway or guideway, subway,
motor vehicle, motor bus, or any bus or other means
of conveyance operating as a common carrier within
the regional transportation area, including charter
service therein.
(9) "Public transportation system" means, with-
out limitation, a combination of real and personal
property, structures, improvements, buildings, equip-
ment, plants, vehicle parking or other facilities, and
799
. ", , , , "lInn
fYlapi Urpd~J
floJ()){..ftJ (Jf!jJ k)?'
CHAPTER 77-390
LAWS OF FLORIDA
CHAPTER 77-390
Approved by the Governor June 28, 1977.
Filed in Office Secretary of State June 28,
CHAPTER 77-391
1977 .
:J%ifi1t'
House Bill No. 36-A
AN ACT relating to community redevelopment~ amending s.
163.340(1) and (9), Florida Statutes, redefining the
terms "agency" or "community redevelopment agency" and
the term "community redevelopment project"~ creating
ss. 163.356 - 163.358, Flor~da Statutes~ providing for
the creation of a community redevelopment agency~
providing that the governing body may act as a
community redevelopment agency~ providing for
conferring the powers and duties of a community
redevelopment agency upon certain existing boards or
authorities~ providing that certain powers continue to
vest in the governing body~ amending s. 163.360,
Florida Statutes, providing requirements relating to
community redevelopment plans~ creating s. 163.361,
Florida Statutes, providing for the modification of
community redevelopment plans~ creating s. 163.362,
Florida Statutes, providing for the contents of
community redevelopment plans~ creating s. 163.367,
Florida Statutes, restricting acquisition of interest
in a community redevelopment project~ amending s.
163.370 (3), (4), (11), and (14), Florida Statutes~
providing community redevelopment agencies with certain
powers~ deleting provisions relating to imposition of
restrictions under certain statutory provisions~
amending s. 163.375(1), Florida Statutes, providing
that a community redevelopment agency may exercise the
power of eminent domain~ amending s. 163.380, Florida
Statutes~ providing for disposal of property in a
community redevelopment area~ including community
redevelopment agencies~ amending s. 163.385, Florida
Statutes, 1976 Supplement, providing for the issuance
of revenue bonds by a county, municipality or community
r~dAv€!opment agency~ creating s. 163.387, Florida
Statutes, providing for the establishment of a
redevelopment trust fund~ amending s. 163.390, Florida
Statutes, relating to conditions under which such bonds
~r~ considered legal investments~ amending s. 163.395,
Florida Statutes, relating to exempt property, to
include community redevelopment agencies~ amending s.
163.400(1), Florida Statutes, relating to cooperation
by public bodies~ amending ss. 163.405 and 163.445,
Florida Statutes, relating to title of purchaser and
assistance by state agencies, to include community
redevelopment agencies~ repealing ss. 163.420 and
163.425, Florida Statutes, 1976 Supplement, relating to
powers of counties and municipalities in carrying out
community redevelopment projects and to creation of
community redevelopment agencies, and s. 163.435,
Florida Statutes, relating to prohibitions against
acquiring interest in community redevelopment projects~
I
l
1630
)RIDA
CHAPTER 77-3iQ
9!APTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
.977.
June 28, 1977.
providing a severability clause; providing an effective
date.
.391
36-A
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (1) and (9) of section 163.340, Florida
statutes, are amended to read:
163.340 Definitions.--The following terms, wherever used or
referred to in this part, shall have the following meanings:
(1) "Agency" or "community redevelopment agency" means a public
agency created by s. 163.356 or s. 163.357 %63.4~5.
(9) "Community redevelopment project" means undertakings and
activities of a county, or municipality, or community redevelopment
a~ency, in a communTty redevelopment area for the elimination and
prevention of the development or spread of slums and blight, and may
include slum clearance and redevelopment in a community redevelopment
area, rehabilitation or conservation in a community redevelopment
area, or any combination or part thereof in accordance with a
community redevelopment plan.
Section 2. Sections 163.356, 163.357, and 163.358, Florida
Statutes, are created to read:
edevelopment; amending s.
tatutes, redefining the
redevelopment agency" and
ment project"; creating
a Statutes; providing for
y redevelopment agency;
ng body may act as a
ency; providing for
duties of a community
~in existing boards or
~rtain powers continue to
am~nding s. 163.360,
requIrements relating to
creating s. 163.361,
for the modification of
creating s. 163.362,
for the contents of
cre~t~n~ s. 163.367,
acquIsItIon of interest
project; amending s.
(14), Florida Statutes'
,nt agencies with certai~
'elating to imposition of
,statutory provisions;
Ida Statutes, providing
agency may exercise the
ding s. 163.380, Florida
sal of property in a
a; including community
g s. 163.385, Florida
oviding for the issuance
unicipality or community
~ s. 163.387, Florida
establishment of a
jing s. 163.390, Florida
3 under which such bonds
ts; amending s. 163.395,
) exempt property, to
1t a~encies; amending s.
~latlng to cooperation
~s. 163.405 and 163.445,
ltle of purchaser and
to include community
ling ss. 163.420 and
~u~ple~ent, relating to
.ltles In carrying out
~ts and to creation of
es, and s. 163.435
prohibitions against
redevelopment projects;
163.356 Creation of community redevelopment agency.--
upon a
(2)
need for a
commissioner shall compensation for his
shall be entitled to expenses, including
travel in ex enses, incurred in the dischar e of his duties. Each
commISSIoner s all hold offIce untIl hIS successor as een apPoInte
and has qualified. A certificate of the appointment or reappointment
of any commissioner shall be filed with the clerk of the county or
1631
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-~
and such certificate shall be conclusive evidence of the
appoIntment of suc commIssIoner.
I
I
.
~
~
~
~
~
f
~
.
~
I
I
(b) The
exercrsed b
163.357 Governing body as the community redevelopment agency.--
1632
!\
CHAPTER 77-391
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
.unty or municipality shall
1m among the comm~ss~oners.
:tor, technical experts, and
: and temporary, as it maa
~f~cat~ons, dut~es, an
.t may require, an agency
and legal staff. An agency
.se powers under th~s part
'ith the Auditor General, on
of its activities for the
shall ~nclude a complete
ets, liabilities, income,
such calendar year. At the
1 publish ~n a newspaper of
ice to the effect that such
unicipality and that the
ring business hours ~n the
y commission and in the
in this
e conclusive evidence of the
s~oner.
powers in carrying out community
activities.--The term "communit
powers ass~gne to a commun~ty re eve opment agency
s. 163.356 shall include all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of
this part except the following which shall continue to vest ~n the
governing bodies of the county or municipality:
or
or blighted area
appropriate for
ublic hearin s
(2) The ~ower to grant final approval to community redevelopment
plans and mod~fications thereof.
(3) The power to authorize the issuance of revenue bonds as set
forth in s. 163.385.
f a community redevelopment
unty or municipality may
as the qovern~ng body deems
and overhead of the agency.
mmissioner for inefficiency
only after a hearing and
he charges at least 10 days
~rtun~ty to be heard ~n
(4) The power to approve the acquisition, demolition, removal or
disposal of property as provided in s. 163.370(4) and the power to
assume the responsibility to bear loss as provided in s. 163.370(4).
Section 3. Section 163.360, Florida Statutes, is amended to read:
(Substantial rewording of section. See
s. 163.360, F.S., for present text.)
163.360 Community redevelopment plans.--
y redevelopment agency.--
nent of five members of the
e of the adopt~on of a
e thereafter by adoption of
lC~, in which case all the
j ~mmun~t~es vested by this
)verning body of the county
lsibilities and liabilities
(1) A community redevelopment project for a community
redevelopment area shall not be planned or initiated unless the
governing body has, by resolution, determined such area to be a slum
area or a blighted area, or a combination thereof, and designated
such area as appropriate for a community redevelopment project.
(2) The community redevelopment plan shall:
(a) Conform to the comprehensive plan for the county or
municipality as prepared by the local planning agency under the Local
Government Comprehensive Planning Act of 1975.
(b) Be sufficiently complete to indicate such land acquisition,
demolition and removal of structures, redevelopment, improvements,
1633
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 7~
and rehabilitation as may be proposed to be carried out in the
community redevelopment area, zoning and planning changes, if any
land uses, maximum densities, and building requirements. '
(3) The county, municipality, or community redevelopment agency
may itself prepare or cause to be prepared a community redevelopment
plan, or any person or agency, public or private, may submit such a
plan to a community redevelopment agency. Prior to its consideration
of a community redevelopment plan, the community redevelopment agency
shall submit such plan to the local planning agency of the county or
municipality for review and recommendations as to its conformity with
the comprehensive plan for the development of the county or
municipality as a whole. The local planning agency shall submit its
written recommendations with respect to the conformity of the
proposed community redevelopment plan to the community redevelopment
agency within 60 days after receipt of the plan for review. Upon
receipt of the recommendations of the local planning agency, or if no
recommendations are received within said 60 days, then without such
recommendations, the community redevelopment agency may proceed with
its consideration of the proposed community redevelopment project.
(4) The community redevelopment agency shall submit any community
redevelopment plan it recommends for approval, together with its
written recommendations, to the governing body. The governing body
shall then proceed with the hearing on the proposed community
redevelopment project as prescribed by subsection (5).
(5) The governing body shall hold a public hearing on a community
redevelopment project after public notice thereof by publication in a
newspaper having a general circulation in the area of operation of
the county or municipality. The notice shall describe the time,
date, place, and purpose of the hearing, identify generally the
community redevelopment area covered by the plan, and outline the
general scope of the community redevelopment project under
consideration.
(6) Following such hearing, the governing body may approve a
community redevelopment project and the plan therefor if it finds
that:
(a) A feasible method exists for the location of families who
will be displaced from the community redevelopment area in decent,
safe, and sanitary dwelling accommodations within their means and
without undue hardship to such families;
(b) The community redevelopment plan conforms to the general plan
of the county or municipality as a whole;
(c) The community redevelopment plan gives due consideration to
the provision of adequate park and recreational areas and facilites
that may be desirable for neighborhood improvement, with special
consideration for the health, safety and welfare of children residing
in the general vicinity of the site covered by the plans; and
(d) The community redevelopment plan will afford maximum
opportunity, consistent with the sound needs of the county or
municipality as a whole, for the rehabilitation or redevelopment of
the community redevelopment area by private enterprise.
1634
,j j,.i.U.i..i.H.i..i..H..l.JUJl.J.,uJ..i..t, j,.u."J.U.l.i.'~l. j j, i I i j U
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-3~
(2) The governing bOdy
modification of a communit
Section 5. Section 163.362, Florida Statutes, is created to read:
163.362 Contents of community
communIty redevelopment plan shall:
redevelopment plan.--Every
(1) Contain a legal description of the boundaries of the
communIty redevelopment proJect area.
(2) Show by diagram and in general terms:
(a) The approximate amount of open space to be provided and the
street layout.
(b) Limitations on type, size, height, number, and proposed use
of buildings.
(c) The approximate number of dwelling units.
(d) Such property as is intended for
recreation areas, streets, public utilties, and
of any nature.
(3) If the project area contains. low or moderate income housing,
contain a neiqhborhood impact element, which describes in detail the
impact of the proJect upon the residents of the project area and the
surrounding areas, in terms of relocation, traffic circulation,
environmental quality, availability of community facilities and
services, effect on school population, and other matters affecting
the physical and social quality of the neighborhood.
use as public parks,
public improvements
(4) Describe generally the proposed method of financing the
redevelopment of the project area.
(5) Contain adequate safeguards that the work of redevelopment
will be carried out pursuant to the plan.
(6) Provide for the retention of controls and the establishment
of any restrictions or convenants running with land sold or leased
for private use for such periods of time and under such conditions as
1636
CHAPTER 77-391
f!!APTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
~pproval of a communit~
It beco~es necessary or
Ie governIng body may amend
the agency. The agency
!lopment plan may include a
lrea to add land to or
deems necessar to effectuate the ur oses of this
for
Iblic hearing on a proposed
)lan after public notice
19 a general circulatIon In
(8) Provide an element
such use exists in the area
if
Section 6. Section 163.367, Florida Statutes, is created to read:
the boundaries of the
Section 7. Subsections (3), (4) , (11), and (14) of section
163.370, Florida Statutes, are amended to read:
I is modified by the county
If real property in the
;uch modification may be
:, lessee, or successor In
deem advisable and, in any
law or in equity as a
;uccessors In lnterest, may
Itutes, is created to read:
:edevelopment plan.--Every
IS:
,ace to be provided and the
", number, and proposed use
units.
for use as public parks,
and public improvements
,r moderate income housing,
'h descr ibes in detail the
,f the project area and the
on, traffic circulation,
community facilities and
other matters affecting
hborhood.
method of financing the
l63.370 Powers; counties and municipalities.--Every county and
municipality shall have all the powers necessary or convenient to
carry out and effectuate the purposes and provisions of this part,
including the following powers in addition to others herein granted:
(3) Within its area of operation:
(a) To enter into any building or property in any community
redevelopment area in order to make inspections, surveys, appraisals,
soundings, or test borings and to obtain an order for this purpose
the work of redevelopment
rols and the establishment
ith land sold or leased
d under such conditions as
l637
CHAPTER 77-39l
LAWS OF FLORIDA
CHAPTER 77-391
CHAPT
l6
from a court of competent jurisdiction in the event entry is denied
or resisted;
(b) To acquire by purchase, lease, option, gift, grant, bequest,
devise, eminent domain or otherwise, any real property (or personal
property for its administrative purposes) together with any
improvements thereon;
(l
~enc
the
inch
or j
act i\
rede\
ordil
prov:
supp:
in
stat
prop
mann
stat
with
(c) To hold, improve, clear or prepare for redevelopment any such
property;
(d) To mortgage, pledge, hypothecate or otherwise encumber or
dispose of any real property;
(e) To insure or provide for the insurance of any real or
personal property or operations of the county or municipality against
any risks or hazards, including the power to pay premiums on any such
insurance; and
(f) To enter into any contracts necessary to effectuate the
purposes of this part.
~
Hewevef7--fle--seaeHeefY--~fev~s~efl--W~eft--feS~ee~-ee-efte-ae~H~S~e~e"7
e~earaftee-of-d~s~es~tieft-of-prepefty-ey-pHeiie-eodies-sfteii--festriee
a--eeHftey--ef--mHftie~~aiiey--ef--eeftef--~Hei~e-eedy-eHefe~S~ft~-~eWefs
ftefeH"def-~"-tfte--eHefe~se--ef--5Heft--fHftet~e"s--w~eft--fes~eee--te--a
eemmHft~eY--fedeveiepme"t--pfe;eet--aftd--feiated-aet~vit~es-Hftiess-tfte
ie~~sia~Hfe-Sftaii-5~ee~f~eaiiY-5e-5eaee7
may
any
pro
or
con
com
wit
cor
lar
pre
are
su(
re:
COI
or
de"
re
re
ag
ob
re
(4) with the approval of the governing body:
(a) Prior to approval of a community redevelopment plan, or
approval of any modifications of the plan, a community redevelopment
agency may ee acquire real property in a community redevelopment
area, demolish and remove any structures on the property, and pay all
costs related to the acquisition, demolition, or removal, including
any administrative or relocation expenses; and
(b) A community redevelopment agency may ~e assume the
responsibility to bear any loss that may arise as the result of the
exercise of authority under this subsection in the event that the
real property is not made part of the community redevelopment
project;
(ll) To appropriate such funds and make such expenditures as may
be necessary to carry out the purposes of this part; to zone or
rezone any part of the county or municipality or make exceptions from
building regulations; and to enter into agreements with a housing
authority ef--a-eemmH"~eY-fedeveie~mefte-a~eftey-Yested-w~tft-eemmHft~ey
fedeYeie~meftt-pewefS-Hftdef-5~-i63~4ie-ef-tftis-paft (which agreements
may extend over any period, notwithstanding any provision or rule of
law to the contrary), respecting action to be taken by such county or
municipality pursuant to any of the powers granted by this part;
ot
fc
a<
aI
pi
il
m'
a.
r
a
o
(l4) To exercise all or any part or combination of powers herein
granted or to elect to have such powers exercised by a community
redevelopment agency.
Section 8. Subsection (l) of section 163.375, Florida Statutes,
is amended to read:
1638
, ~! 11 1 r
CHAPTER 77-3~
event entry is denied
f!!APTER 77-39l
LAWS OF FLORIDA
CHAPTER 77-39l
l63.375 Eminent domain.--
redevelopment any such
(l) Any countYL ef municipality, or commun ty redevelopment
agency as provided by any county or municIpalIty ord nance shall have
the right to acquire by condemnation any interest n real property,
including a fee simple title thereto, which it may deem necessary for
or in connection with a community redevelopment project and related
activities under this part. Any countYL ef municipality, or community
redevelopment agency as provided by any county or municipality
ordinance may exercise the power of eminent domain in the manner
provided in chapters 73 and 74 and acts amendatory thereof or
supplementary thereto, or it may exercise the power of eminent domain
in the manner now or which may be hereafter provided by any other
statutory provisions for the exercise of the power of eminent domain.
property already devoted to a public use may be acquired in like
manner. However, no real property belonging to the United States, the
state, or any political subdivision of the state may be acquired
without its consent.
n, gift, grant, bequest,
property (or personal
es) together wi th any
lr otherwise encumber or
,surance of any real or
or municipality against
'ay premiums on any such
ssary to effectuate the
Section 9. Section l63.380, Florida Statutes, is amended to read:
eee-~e-the-ae~~~S~e~e"7
-eed~es-sheii--restriee
-eedy-eHefe~S~"~-~ewers
!--wieh--fespeee--te__a
l-aee~Yit~es-u"iess-the
(Substaqtial rewording of section. See
s. l63.380, F.S., for present text.)
l63.380 Disposal of property in community redevelopment area.--
tion of powers herein
sed by a community
(l) Any county, municipality, or community redevelopment agency
may sell, lease, dispose of, or otherwise transfer real property or
any interest therein acquired by it for a community redevelopment
project or in a community redevelopment area to any private person,
or may retain such property for public use, and may enter into
contracts with respect thereto for residential, recreational,
commercial, industrial, educational, or other uses, in accordance
with the community redevelopment plan, subject to such covenants,
conditions, and restrictions, including covenants running with the
land, as it may deem to be necessary or desirable to assist in
preventing the development or spread of future slums or blighted
areas or to otherwise carry out the purposes of this part. However,
such sale, lease, other transfer, or retention, and any agreement
relating thereto, may be made only after the approval of the
community redevelopment plan by the governing body. The purchasers
or lessees and their successors and assigns shall be obligated to
devote such real property only to the uses specified in the community
redevelopment plan, and may be obligated to comply with such other
requirements as the county, municipality, or community redevelopment
agency may determine to be in the public interest, including the
obligation to begin with a reasonable time any improvements on such
real property required by the community redevelopment plan.
(2) Such real property or interest shall be sold, leased,
otherwise transferred, or retained at not less than its fair value
for uses in accordance with the community redevelopment plan and in
accordance with such reasonable competitive bidding procedures as
any county, municipality, or community redevelopment agency may
prescribe. In determining the fair value of real property for uses
in accordance with the community redevelopment plan, the county,
municipality, or community redevelopment agency shall take into
account and give consideration to the uses provided in such plan; the
restrictions upon, and the covenants, conditions, and obligations
assumed by, the purchaser or lessee or by the county, municipality,
or community redevelopment agency retaining the property; and the
rede~elopment plan, or
'mmunl~y redevelopment
ommunlty redevelopment
property, and pay all
or removal, including
~ ~e assume the
as the result of the
in the event that the
nmunity redevelopment
:h expenditures as may
; part; to zone or
. make exceptions from
,nts with a housing
'Yested~wieh-eemmu"~ty
1rt (WhICh agreements
provision or rule of
ken by such county or
ed by this part;
75, Florida Statutes,
l639
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-3~
CHAP~
objectives of such plan for the prevention of the recurrence of slum
or blighted areas. The county, municipality, or community
redevelopment agency in any instrument of conveyance to a private
purchaser or lessee may provide that such purchaser or lessee shall
be without power to sell, lease, or otherwise transfer the real
property without the prior written consent of the county,
municipality, or community redevelopment agency until he has
completed the construction of any or all improvements which he has
obligated himself to construct thereon. Real property acquired by
the county, municipality, or community redevelopment agency which, in
accordance with the provisions of the community redevelopment plan,
is to be transferred, shall be transferred as rapidly as feasible in
the public interest consistent with the carrying out of the
provisions of the community redevelopment plan. Any contract for
such transfer and the community redevelopment plan (or such part or
parts of such contract or plan as the county, municipality, or
community redevelopment agency may determine) may be recorded in the
land records of the clerk of the circuit court in such manner as to
afford actual or constructive notice thereof.
SE
is an
-U
s.
IE
(:
body,
shal:
rede\
final
this
paym(
planl
bond:
prev:
anti,
rede'
avai:
counl
negol
to t
rene,
the.
co un-
pled.
anti,
(3) Prior to disposition of any real property or interest therein
in a community redevelopment area, any county, municipality, or
community redevelopment agency shall give public notice of such
disposition by publication in a newspaper having a general
circulation in the community, at least 30 days prior to the execution
of any contract to sell, lease, or otherwise transfer real property
and prior to the delivery of any instrument of conveyance with
respect thereto under the provisions of this section, invite
proposals from, and make available all pertinent information to,
private redevelopers or any persons interested in undertaking to
redevelop or rehabilitate a community redevelopment area, or any part
thereof. Such notice shall identify the area, or portion thereof,
and shall state that proposals shall be made by those interested
within 30 days after the date of publication of said notice and that
such further information as is available may be obtained at such
office as shall be designated in said notice. The county,
municipality, or community redevelopment agency shall consider all
such redevelopment or rehabilitation proposals and the financial and
legal ability of the persons making such proposals to carry them out,
and may negotiate with any persons for proposals for the purchase,
lease, or other transfer of any real property acquired by the county,
municipality, or community redevelopment agency in the community
redevelopment area. The county, municipality, or community
redevelopment agency may accept such proposal as it deems to be in
the public interest and in furtherance of the purposes of this part;
provided, however, that a notification of intention to accept such
proposal shall be filed with the governing body not less than 30 days
prior to any such acceptance. Thereafter, the county, municipality,
or community redevelopment agency may execute such contract in
accordance with the provisions of subsection (1) and deliver deeds,
leases, and other instruments and take all steps necessary to
effectuate such contract.
(
inde:
debt
prov
issu
this
gove
ther
impo
obli
reso
one
dema
rate
eith
regi
such
plac
prem
char
or t
unde
priv
will
(4) Any county, municipality, or community redevelopment agency
may temporarily operate and maintain real property acquired by it in
a community redevelopment area for or in connection with a community
redevelopment project pending the dispositon of the property as
authorized in this part, without regard to the provisions of
subsection (1), for such uses and purposes as may be deemed desirable
even though not inconformity with the community redevelopment plan.
(
muni
appe
be s
1640
UDA
CHAPTER 77-391
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
Itio~ ~f t~e recurrence of slum
munIcIpalIty, or community
lent of conveyance to a private
Ich purchaser or lessee shall
or otherwise transfer the real
consent of the county
op~ent agency until he ha~
1 Improvements which he has
on. Real property acquired by
redevel~pment agency which, in
communIty. redevelopment plan,
red as rapIdly as feasible in
h the carrying out of the
nt plan. Any contract for
elopment plan (or such part or
he ,county, municipality, or
ermIne) may be recorded in the
t court in such manner as to
ereof.
Section 10. Section 163.385, Florida Statutes, 1976 Supplement,
is amended to read:
lmmunity redevelopment agency
, property acquired by it in
I ~onnection with a community
)Slton of the property as
lard to the provisions of
's as may be deemed desirable
Imunity redevelopment plan.
(Substantial rewording of section. See
s. 163.385, F.S., 1976 Supp., for present text.)
163.385 Issuance of revenue bonds.--
(1) When authorized by resolution or ordinance of the governing
body, every county, municipality, or community redevelopment agency
shall have power in its corporate capacity to issue negotiable
redevelopment revenue bonds from time to time, in its discretion, to
finance the undertaking of any community redevelopment project under
this part, including, without limiting the generality thereof, the
payment of principal and interest upon any advances,for surveys ~nd
plans or preliminary loans, and shall have power to Issue refundIng
bonds for the payment or retirement of bonds or other obligations
previously issued. The security for such bonds may be based upon ~he
anticipated assessed valuation of the completed communIty
redevelopment project and such other revenues as may be legally
available. In anticipation of the sale of such revenue bonds~ the
county, municipality, or community redevelopment agency may 1s~ue
negotiable bond anticipation notes and may renew the same ~rom t~me
to time but the maximum maturity of any such note, IncludIng
renewal~ thereof, shall not exceed 5 years from the date of issue of
the original note. Such notes shall be paid from any revenues of ~he
county, municipality, or agency available therefor, and not otherwl~e
pledged, or from the proceeds of sale of the revenue bonds 1n
antic~pation of which they were issued.
(2) Bonds issued under this section shall not constitute an
indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction, and shall not be subject to the
provisions of any other law or charter relating to the authorization,
issuance, or sale of bonds. Bonds issued under the provisions of
this part are declared to be issued for an essential public and
governmental purpose and, together with interest thereon and income
therefrom shall be exempted from all taxes, except those taxes
imposed by chapter 220 on interest, income, or profits on debt
obligations owned by corporations.
(3) Bonds issued under this section shall be authorized by
resolution or ordinance of the governing body and may be issued in
one or more series and shall bear such date or dates, be payable upon
demand or mature at such time or times, bear interest at such rate or
rates, be in such denomination or denominations, be in such form
either with or without coupon or registered, carry such conversion or
registration privileges, have such rank or priority, be executed in
such manner, be payable in such medium of payment at such place or
places, and be subject to such terms of redemption (with or without
premium), be secured in such manner, and ha~e such, other
characteristics as may be provided by such resolutIon or ordl~ance,
or trust indenture or mortgage issued pursuant thereto. Bonds Issued
under this section may be sold in such manner, either at public,or
private sale, and for such price as the governing body may determIne
will effectuate the purpose of this part.
(4) In case any of the public officials of the county,
municipality, or community redevelopment agency whose signatures
appear on any bonds or coupons issued under this part shall,cease to
be such officials before the delivery of such bonds, such sIgnatures
1 property or interest therein
1Y ,county, municipality, or
gIve public notice of such
~spaper having a general
lO,days prior to the execution
:~lse transfer real property
Instrument of conveyance with
of this section, invite
all pertinent information to
lterested in undertaking t~
,development area, or any part
'area, or portion thereof,
1 be made by those interested
ltion of said notice and that
lable may be obtained at such
,aid notice. The county,
ent agency shall consider all
posals and the financial and
proposals to carry them out,
roposals for the purchase
perty acqui~ed by the county;
t a~e~cy ,In the community
munICIpalIty, or community
posal as it deems to be in
of the purposes of this part.
f intention to accept such
~g body not less than 30 days
r, the county, municipality,
{ execute such contract in
tion (1) and deliver deeds
~ke all steps necessary t~
1641
'i". j III i !!twJJ....UHH~ l'
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-3~
f!!APTER 77-
redevelopmE
tax incremE
shall, nevertheless, be valid and sufficient for all purposes, the
same as if such officials had remained in office until such delivery,
Any provision of any law to the contrary notwithstanding, any bonds
issued pursuant to this part shall be fully negotiable.
(4) Tr
shall be pc
community
trust fund,
until thE
redevelopmE
revenues
right to r<
any rate,
and retire
receive tl
when such
(5) In any suit, action, or proceeding involving the validity or
enforceability of any bond issued under this part, or the security
therefor, any such bond reciting in substance that it has been issued
by the county, municipality, or community redevelopment agency in
connection with a community redevelopment project, as herein defined,
shall be conclusively deemed to have been issued for such purpose and
such project shall be conclusively deemed to have been planned,
located, and carried out in accordance with the provisions of this
part.
Section 11.
read:
Section 163.387, Florida Statutes, is created to
(5) R
not be dee:
local gov
thereof, 0
body or t
payable so
bonds sha
that the a
interest
redevelopm
fai th and
of the sta
the paymer
Sectior
read:
163.387 Redevelopment trust fund.--
(1) There shall be established for each community redevelopment
agency created under s. 163.356 a redevelopment trust fund. Funds
allocated to and deposited into this fund shall be used by the agenc~
to finance or refinance each community redevelopment project it
undertakes. No community redevelopment agency shall exercise any
community redevelopment powers under this section unless and until
the governing body has, by ordinance, provided for the funding of the
redevelopment trust fund for the duration of a community
redevelopment project. The annual funding of the redevelopment trust
fund shall be in an amount not less than that increment in the
Income, proceeds, revenues, and funds of the county or municIpality
derived from or held in connection with its undertaking and carrying
out of communit redevelo ment ro'ects under this art. Such
Increment sha e determIne annua y an sha e that amount equa
to the difference between:
l63.39(
bankers,
associati(
and other
insurance
carrying c
curators,
sinking fl
their con
municipal
agency e.
project P'
aftd--etfie
iS5uef-aft
Berfew--f
te-lef\d-t
eBl~€jfle~e
lftef\eys-if
eft-~tlen-b
ef-stlefi-b
wh~eh--lfte
tl5ed-fef-
stleh--eell
other ot
deposits.
political
funds o~
or other
(al That amount of
taxing authorities except
contained within the
redevelopment proJect; and
ad valorem taxes levied each year by all
school districts on taxable real property
geographic boundaries of a community
(b) That amount of ad valorem taxes which would have been
produced by the rate upon WhICh the tax is levied each year by or for
all taxing authorities except school districts upon the total of the
assessed value of the taxable property in the community redevelopment
project as shown upon the assessment roll used in connection with the
taxation of such property by each taxing authority, last equalized
prior to the effective date of the ordinance approving the community
redevelopment plan.
(2) U on the establishment of a redevelo ment trust fund as
hereIn provl e , eac aXIng au orlty except school dIstrIcts shal
annually appropriate to such fund a sum which is no less than the
increment of ad valorem tax revenues as defined and determined in
subsectIon (1) (a) and (b) of thIS sectIon accruIng to saId taXIng
authority.
(3) The obliqation of a local governing body to annually fund the
redevelopment trust fund shall continue until all loans, advances,
and indebtedness, if an, and interest thereon, of a communit
re eve opment agency Incurre as a result 0 a communIty
1642
.ORIDA
CHAPTER 77-3~
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
su~ficie~t for all purposes, the
d In offIce until such delivery
trary notwithstanding, any bond'
fully negotiable. s
redevelopment project have been paid, and only to the extent that the
tax increment described in this section accrues.
'lor ida
(4) The revenue bonds and notes of every issue under this part
shall be payable solely out of revenues pledged to and received by a
community redevelopment agency and deposited to its redevelopment
trust fund. The lien created by such bonds or notes shall not attach
until the revenues referred to herein are deposited in the
redevelopment trust fund at the times and to the extent that such
revenues accrue. The holders of such bonds or notes shall have no
right to require the imposition of any tax or the establishment of
any rate of taxation in order to obtain the amounts necessary to pay
and retire such bonds or notes. The redevelopment trust fund shall
receive the tax increment described in this section only as, if, and
when such taxes may be collected.
eedin~ involving the validity or
er thIS part, or the securit
ub~tance that it has been issue~
unIty r:development agency in
nent ~roJect, as herein defined,
been Issued for such purpose and
{ ~eemed to have been planned
~ wIth the provisions of thi~
Statutes, is created to
(5) Revenue
not be deemed to
the provisions of this part shall
a debt, liability, or obligation of the
the state or any political subdivision
:or each community redevelopment
:velopment trust fund. Funds
~nd shall be used by the agenc
Ity redevelopment project i~
m:nt ag:ncy shall exercise any
hIS ~ectlon unless and until
provlde~ for the funding of the
,duratIon of a community
dIng of the redevelopment trust
than that inc~ement in the
s ~f the count~ or muniCIpalIty
~ Its undertakIng and carrying
ects under this art. Such
an s a be that amount equa
Section 12.
read:
Section 163.390, Florida Statutes, is amended to
ling body to annually fund the
until all loans, advances
:est thereon, of a communit;
result of a community
163.390 Bonds as legal investments.--All banks, trust companies,
bankers, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies,
and other persons carrying on a banking or investment business; all
insurance companies, insurance associations, and other persons
carrying on an insurance business; and all executors, administrators,
curators, trustees, and other fiduciaries may legally invest any
sinking funds, moneys, or other funds belonging to them or within
their control in any bonds or other obligations issued by a county or
municipality pursuant to this part or by any community development
agency ef--heHS~"~--a~ehef~ty vested with community redevelopment
project powers H"def-5~-i63~4~97-~fev~dee7-"eWeYef7-that--s~eh--ee"ds
a"d--etfief--eBl~~at~e"S--5hail-ee-seeHred-ey-a"-a~feeme~t-eetwee"-the
~55~ef-aftd-tfie-Pedefai-6eYef~me"t---i"--wh~eh--the--~ssHef--a~fees--te
Befrew--ffem-the-Pedefal-6eYef~me~t-a"e-the-Pedefai-6eYer"me~t-a~rees
te-ieftd-te-the--iss~er7-pr~ef-te-the-mat~rity-ef-5ueh-eo"ds--er--ether
eei~~ae~e"S7--me"eys--~"--a"--ame~~t--w"~eh7--te~ethef-w~th-a~y-ether
mef\eys-~ffeveeaely-eemm-itted-te-tAe-paymef\t-ef-~f-if\e-i~ai-a~d-~~tefest
oft-stteh-ee~ds-or-ether-oBi-i~at-io~s7-w-iii-s~ff-iee-te-pay-the-pr-i~e-ipai
ef-s~eh-ee"ds-ef-et"ef-eBi~~atie"s-with-i"tefese-te-met~rity-thefee"7
wh~eh--mef\eys--H"def--the--tefms-ef-5a~d-6~feeme"t-6fe-fe~~~fed-te-ee
~sed-fer-the-p~rpese-ef-pay~~~-the-Pf~~e~pai-ef-6"e-the--~"tefest--e"
sue"--ee"dS--ef--eehef--eBl-i~etie"s-at-the~f-m6t~f~ey. Such bonds and
other obligations shall be authorized security for all public
deposits. It is the purpose of this section to authorize any persons,
political subdivisions, and officers, public or private, to use any
funds owned or controlled by them for the purchase of any such bonds
or other obligations. Nothing contained in this section with regard
, taxes levied each year by all
lCtS on t~xable real property
boundarIes of a community
~axes ,which would have been
,IS ~evled each year by or for
I~strlcts upon the total of the
In the c~mmunity redevelopment
11 used In connection with the
~ authority" last equalized
Inance approvIng the community
a redevelopment trust fund as
except schoo dIstrIcts shall
sum which is no less than the
defined and determined in
ectlon accruIng to saId taxIng
1643
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-l2l
f!!APTER 7'
the fede
body resp
granted
assistanc
related a
to legal investments shall be construed as relieving any person of
any duty of exercising reasonable care in selecting securities.
Section 13.
read:
Section 163.395, Florida Statutes, is amended to
163.395 Property exempt from taxes and from levy and sale by
virtue of an execution.--
( f)
parks, p
sewer or
otherwise
close, va
roads, si
rezone c
regulatic
furnishec
(1) All property of any countYL er municipality, or communiS(
redevelopment agency, including funds, owned or held by it for the
purposes of this part shall be exempt from levy and sale by virtue of
an execution, and no execution or other judicial process shall issue
against the same nor shall judgment against the countYL er
municipality, or community redevelopment agency be a charge or lien
upon such property. However, the provisions of this section shall not
apply to or limit the right of obligees to pursue any remedies for
the enforcement of any pledge or lien given pursuant to this part by
the county or municipality on its rents, fees, grants or revenues
from community redevelopment projects.
If at al
project :
the COUI
the undE
redevelol
or instrl
agreemen'
and may :
used in
include
Ye~ted-w
flfey-is-ie
(2) The property of the countYL ef municipality, or community
redevelopment agency acquired or held for the purposes of this part
is declared to be public property used for essential public and
governmental purposes, and such property shall be exempt from all
taxes of the muniCipality, the county, the state or any political
subdivision thereof. However, such tax exemption shall terminate when
the countYL ef municipality, or community redevelopment agency sells,
leases, or otherwise disposes of such property in a community
redevelopment area to a purchaser or lessee which is not a public
body entitled to tax exemption with respect to such property.
Secti
read:
Section 14. Subsection (1) of section 163.400, Florida Statutes,
is amended to read:
163.4
countYL
purpor ti
under th
in com!;
other ir
of such
163.400 Cooperation by public bodies.--
(1) For the purpose of aiding in the planning, undertaking, or
carrying out of a community redevelopment project and related
activities authorized by this part, any public body may, upon such
terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey, or lease any of its interest in any
property or grant easements, licenses, or other rights or privileges
therein to a county or municipality.
Sect:
read:
(b) Incur the entire expense of any public improvements made by
such public body in exercising the powers granted in this section.
163. .
agenc ie:
assistal
communi'
project
need no
plannin'
technic
profess
similar
availab
(c) Do any and all things necessary to aid or cooperate in the
planning or carrying out of a community redevelopment plan and
related activities.
(d) Lend, grant, or contribute funds to a county or municipality,
and borrow money, and apply for and accept advances, loans, grants,
contributions, and any other form of financial assistance, from the
federal government, the state, county or other public body, or from
any other source.
(e) Enter into agreements, which may extend over any period,
notwithstanding any provision or rule of law to the contrary, with
Sect
amended
Florida
1644
~DA
CHAPTER 77-391
r~ed as relieving an -
In selecting securiiiPerson
es.
lor ida St
a tutes, is amended to
lxes
and from 1
evy and sale by
~ e1' municipality, 0
,owned or held by ,r communi~
:r~m 1, evy and sale It for the
J d . by virtue of
u IClal process shall '
lent against the cou ISSue
~agen<:y' be a char e ntYL ,61'
:lons of th' . g or hen
, to IS sectIon shall not
, pursue any remedies
gIVen pursuant to th' for
fees, grants or IS part by
revenues
61.' mun i' l'
Or th clpa 1 ty, or communi ty
e purposes of this
yU~~~liorbessential PUblicP:~~
t e exempt from all
e~~ th~ state or any political
t mptlon shall terminate when
1; redevelopment agency sells
c property in a comrnu' t'
r lessee which is not a pU~~i~
pect to such property.
ion 163.400, Florida Statutes,
::l.--
l the planning, undertaking or
I~pment ,project and rel~ted
. ~ publIC body may, upon such
) It may determine:
lse any of its interest in any
Ir other rights or privileges
'y public improvements made by
s granted in this section.
:y to aid or cooperate in the
Ity redevelopment plan and
~ a county or municipality
It ad~ances, loans, grants;
nanclal assistance, from the
other publ ic bOdy, or from
may extend over any per iod,
law to the contrary, with
f!0PTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
the federal government, a county or municipality, or other public
body respecting action to be taken pursuant to any of the powers
granted by this part, including the furnishing of funds or other
assistance in connection with a community redevelopment project and
related activities.
(f) Cause public buildings and public facilities, including
parks, playgrounds, recreational, community, educational, water,
sewer or drainage facilities, or any other works which it is
otherwise empowered to undertake to be furnished; furnish, dedicate,
close, vacate, pave, install, grade, regrade, plan or replan streets,
roads, sidewalks, ways, or other places; plan or replan or zone or
rezone any part of the public body or make exceptions from building
regulations; and cause administrative and other services to be
furnished to the county or municipality.
If at any time title to or possession of any community redevelopment
project is held by any public body or governmental agency, other than
the county or municipality, which is authorized by law to engage in
the undertaking, carrying out, or administration of community
redevelopment projects and related activities (including any agency
or instrumentality of the united States), the provisions of the
agreements referred to in this section shall inure to the benefit of
and may be enforced by such public body or governmental agency. As
used in this subsection, the term "county or municipality" shall also
include a community redevelopment agency ef--a--heHS~"~--a~ehef~ey
veeted-with-ali-ef-the-eemmU"~tY-fedevelepme"t-~ewers-pure~a"t-te-~he
pfev~e~e"s-ef-s~-163~4~e.
Section 15.
read:
Section 163.405, Florida Statutes, is amended to
163.405 Title of purchaser.--Any instrument executed by any
countYL ef municipality, or community redevelopment agency and
purporting to convey any right, title, or interest in any property
under this part shall be conclusively presumed to have been executed
in compliance with the provisions of this part insofar as title or
other interest of any bona fide purchasers, lessees, or transferees
of such property is concerned.
Section 16.
read:
Section 163.445, Florida Statutes, is amended to
163.445 Assistance to community redevelopment by state
agencies.--State agencies may provide technical and advisory
assistance, upon request, to municipalitiesL a"d counties~
community redevelopment agencies for a community redevelopment
project as defined in this part. Such assistance may include, but
need not be limited to, preparation of workable programs, relocation
planning, special statistical and other studies and compilations,
technical evaluations and information, training activities,
professional services, surveys, reports, documents, and any other
similar service functions. If sufficient funds and personnel are
available, these services shall be provided without charge.
Section 17. Sections 163.420 and 163.425, Florida Statutes, as
amended by chapter 76-147, Laws of Florida, and section 163.435,
Florida Statutes, are hereby repealed.
1645
CHAPTER 77-391
LAWS OF FLORIDA
CHAPTER 77-391
---
Section 18. If any clause, sentence, paragraph, section, or part
of this act shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered. ~
Section 19. This act shall take effecc:~ 1, ~977~
Approved by the Governor June 28, 1977.
Filed in Office Secretary of State June 28, 1977.
CHAPTER 77-392
Senate Bill No. 30-A
AN ACT relating to educational funding; creating s. 236.088,
Florida Statutes, creating the "Florida Compensatory
Education Act of 1977"; providing legislative intent;
providing for fund allocation to school districts;
providing criteria for distribution of funds to school
districts; providing for administration of the program
by the Department of Education; providing for the
adoption of rules by the State Board of Education;
providing for an annual report; providing for
evaluation of program cost effectiveness; repealing s.
236.081(2), Florida Statutes, relating to the
compensatory education supplemental cost factor;
providing an appropriation; providing an effective
date.
WHEREAS, the "Educational Accountability Act
development by the State Board of Education
performance and literacy standards in the
reading, writing, and mathematics, and
of 1976" requires the
of minimum student
basic skills areas of
WHEREAS, the act also requires the testing of all public school
students in grades 3, 5, 8, and 11 to determine the extent to which
minimum standards are being met, and
WHEREAS, the act further requires that each district school board
establish a program for pupil progression with emphasis to be placed
upon the student's mastery of the basic skills before he is promoted,
thereby effectively curtailing the practice of social promotion, and
WHEREAS, beginning in 1978-1979 the achievement of minimum levels
in reading, writing, and mathematics, along with the demonstrated
ability to functionally apply these basic skills to everyday living,
will also be required as a prerequisite for high school graduation,
thereby restoring credibility in public school diplomas, and
WHEREAS, it is the announced goal of the Legislature
each student in this state an equal opportunity to an
education commensurate with his or her individual
abilities, and
to guarantee
appropriate
needs and
1646
"1
e
~Clearwater
()
City Attorney's Office
Memorandum
TO:
Geraldine Campos, Assistant Director, Economic Development
FROM:
Pamela K Akin, City Attorney
RE:
Community Redevelopment Agency
DATE:
February 27,2003
You have asked the following question: "Now that we have expanded our CRA
boundaries, what is our timeframe for existence (and TIF)? Do we only have the 30
years from 1981 on the existing portion or we do we start over with new boundaries?"
I have reviewed Florida Statutes, Chapter 163, Part III Community Redevelopment; SOCC
Resolutions 81-466 and 81-795; and City Ordinance 2779-82.
In review of the relevant Statutes, County Resolutions and City Ordinances and
Resolutions, I find nothing that limits the number of years the CRA may exist. There are
however, limitations on the time for completing redevelopment financed by incremental
revenues and limitations on timeframes for issuance and maturity of bonds.
Section 163,362(10) provides that a Community Redevelopment Plan contain, "...a time
certain for completing all redevelopment financed by incremental revenues, Such time
certain shall occur no later than 30 years after the fiscal year in which the plan is approved,
adopted or amended, (italics added) pursuant to F.S. 163.361 (1). However, for any agency
created after July 1, 2002, the time certain for completing all redevelopment finance by
incremental revenues must occur within 40 years after the fiscal year in which the plan is
approved or adopted." Therefore, a Redevelopment Agency may amend its redevelopment
plan to provide for redevelopment financed by increment revenues for a 3D-year period
after amendment of the plan,
Additionally, Florida Statutes 163.385(1 la, relating to the issuance of revenue funds
provides in part that:
For any agency created before July 1, 2002, any redevelopment revenue bonds or
other obligation issued to finance the undertaking of any community redevelopment
under this part shall mature within 60 years after the end of the fiscal year in which
the initial Community Redevelopment Plan was approved or adopted. ... However
in no event shall any redevelopment revenue bonds or other obligations issued to
finance the undertaking of any community redevelopment under this part mature
later than the expiration of the plan in effect at the times such bonds or obligations
were issued,..
.
.
Based on the above sections of the Florida Statutes, a CRA may issue revenue bonds or
other obligations so long as they mature within 60 years of 1981, Le. no later than 2041,
and so long as it is also within a 30 year period after amendment of the plan as provided in
163.362(10) discussed above. However, this outcome is modified by City Ordinance
2779-82 which established the Redevelopment Trust Fund. That ordinance provides in
relevant part:
Section 3. Duration of the Fund
"The County and City shall annually appropriate 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 tax increment only as, if and when such taxes are collected. The
County and City's obligation to annually appropriate to the Fund shall commence
immediately upon effective date of this ordinance and continue until all loans,
advances, indebtedness and obligations incurred as a result of the community
redevelopment project have been paid or for five years from the effective date of this
ordinance, if there has not been at the end of that five year period a pledge of the
tax increment funding granted by this ordinance through a formal commitment to
expend funds or the issuance, sale or delivery of an instrument of indebtedness
such as bonds or tax anticipation notes described in Section 163.385, Florida
Statutes (1981). Beginning with the twentieth year after the date of the sale 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 bodies."
Margie Simmons, Finance Director, informs me that the CRA sold its initial bonds August 1,
1986, pledging tax increment funding. Therefore, the CRA may sell new bonds or
indebtness pledging the increment until 2005.
Effective July 1, 2002, certain sections of Florida Statutes, Chapter 163, Part III, relating to
Community Redevelopment were amended. The 2002 changes have relatively little impact
on our CRA generally. However, the amendments have some impact on the expanded
boundaries, which were recently approved by the County for the purposes of the
authorizing the City to develop a Community Redevelopment Plan for that area. . Section
163.362(10) which contains the 30 year provision has not changed. Additionally
163.385(1)a, addressing agencies created before July 1, 2002 which would include ours,
has also not changed.
Section 163.463, Applicability of Chapter 2002-294, specifically addresses the applicability
of the amendment to existing and new community redevelopment areas.
(1) Amendments to this part, as provided by this act, do not apply to any
ordinance or resolution authorizing the issuance of any bond, note, or other
form of indebtedness to which are pledged increment revenues pursuant to
a community deva>ment plan, or amendment or ~tion thereto, as
approved or adopllJ' before July 1, 2002.
(2) Amendments to this part, as provided by this act, shall not apply to any
ordinance, resolution, Interlocal agreement, or written agreement effective
before July 1, 2002, that provides for the delegation of community
redevelopment powers.
(3) The amendments to ss. 163.340, 163.355, 163.361, and 163.362 by this
act do not apply to or affect, directly or indirectly, any community
development agency created before July 1, 2002, unless the community
redevelopment area is expanded on or after July 1, 2002, in which case only
the amendments to ss. 163.340 and 163.355 by this act shall apply only to
such expanded area.
(4) The amendments to ss. 163.340, 163.355, 163.361, and 163.362 by this
act do not apply to or affect, directly or indirectly, any municipality that has
authorized a finding of necessity study by May 1, 2002, or has adopted its
finding of necessity on or before August 1, 2002, and has adopted its
community redevelopment plan on or before December 31, 2002.
(5) The amendments to ss. 163.340, 163.355, 163.361, and 163.362 by this
act do not apply to or affect, directly or indirectly, any municipality that has
submitted before August 1, 2002, its finding of necessity, or application for
approval of a community redevelopment plan, or an application to amend an
existing community redevelopment plan to a county that has adopted a home
rule charter.
(6) The amendments to ss. 163.355, 163.362, 163.385, and 163.387 by this
act do not apply to or affect, directly or indirectly, any county as defined in s.
125.011(1) or any municipality located therein.
Section 3 specifically addresses our situation. Only the amendments to 163.340 and
163.345, apply to the expanded area. Section 163.340 contains the definitions and criteria
for slum and blight. Section 163.355 addresses the findings of necessity, which must be
made and contained in the resolution for the expanded area.
In summary, the CRA is not limited to 30 years. Provided that any new bonds or
indebtedness supported by the increment issued after 2005 are approved by the City and
the County, the CRA may issue bonds so long as they mature before 2041 and so long as
all redevelopment financed by incremental revenues occurs no later than 30 years after the
fiscal year in which the plan is adopted or amended.
PKA:lb
~~ 10 ·
~ I~~ :j~2 &>>;Ju;/fr q ~1ft?41
'-~Pn??n#r~ /~~.~~2(?)
~ /I;Y /J~. /Jn~ dun~
.
fJ!/h< ~I<<k/IJt /~~ - ~ ~~ ~
. Ih j/~ t7J ;:1~
"
f#;, tollr:-- 2~? k, ~- ?97JVJJ~ c/o) /J/4:
. ,
iJh.11~, 'Z/)~ k?~
t1h . 1~: Z{J/t? k, ~
()n. 9d;~ k.1O V
&c Zz, V
;t:1J.
~,4.
I t/;. 8~-'.~p/ ,A r ~
..,
ttJ. 11~P'l1 k. ~ y
--