HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 5_9/30/1996 Memorandum
To : Village Council
From: Thomas G. Bradford, Village Manager /7 -
Date : September 3, 1996
Subject : Village Council Priorities; Status Report
The top five priorities as established by the Village Council
appear below in their order of priority. Under each priority
appears a status report relative to the same. Should you have
any questions regarding each item, please feel free to contact
me .
1. Implement facilities for the Village office staff, police,
fire and how we are going to pay for it. This priority has
been assigned to Joann Manganiello. Please see the attached
memorandum from Joann Manganiello.
2 . Increase the cost of holding (vacant) land. This priority
has been assigned to the Village Manager. I am taking the
liberty of assuming that the Village Council ' s primary focus
here lies with that remaining vacant land within Tequesta ' s
Central Business District, the vast majority of which is
owned by the Dorner Trust . If incorrect, please correct my
assumption as soon as possible .
As a Florida local government, Tequesta has essentially three
alternatives available to it to increase costs to vacant land
and vacant land only. These alternatives are special
assessments, special districts , and the creation of a
community redevelopment agency. Attached herewith, you will
find copies of State Statutes pertaining to these three
alternatives that I am aware of .
It appears that the special assessment alternative is the
fastest and simplest approach to the problem. Please note
that the use of a community redevelopment agency may be
questionable for our purposes and would require the inclusion
of developed land that could be construed as blighted such as
Tequesta Plaza or certain properties along Bridge Road.
To receive Village Council input, I will schedule a meeting
of the Finance and Administration Committee or the Public
Works Committee in September, whichever is most appropriate,
in order to ascertain which option is preferred for
increasing the cost of holding vacant land.
•
Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS F.S. 1993 F.S. 1993
CHAPTER 170 (c) Nationally
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL or any combinatic
IMPROVEMENTS management, msuce
170.01 Authority for providing improvements and levy- walks; and in connection with any of the foregoing, pro- not authorizedistricts a
•
ing and collecting special assessments vide related lighting, landscaping, street furniture, sign- not n a
against property benefited. age, and other amenities as determined bythegovern- fund ongoing of
170.02 Method of prorating special assessments. ing authority of the municipality; °ch � . .�'
170.03 Resolution required to declare special assess- (b) Order the construction, reconstruction, repair, 5 ' `" 87 t63 `
ments. renovation, excavation, grading, stabilization, and
170.04 Plans and specifications,with estimated cost of upgrading of greenbelts,swales,culverts,sanitary sew- 170.02 Meth
proposed improvement required before ers, storm sewers, outfalls, canals, primary, secondary, Special assess
loc
adoption of resolution. and tertiary drains,water bodies, marshlands, and natu benefited by be
170.05 Publication of resolution. ral areas,all or part of a comprehensive stormwater man-
170.01
benefi, shall be
170.06 Preliminary assessment roll. agement system, including the necessary appurte benefited by the
170.07 Publication of preliminary assessment roll. nances and structures thereto and including, but not fits to be derive
170.08 Final consideration of special assessments; limited to, dams, weirs, and pumps; determined and
equalizing board to hear complaints and (c) Order the construction or reconstruction of water of the respect iv
adjust assessments; rebate of difference in mains, water laterals, and other water distribution facili improvement,o
cost and assessment. ties, including the necessary appurtenances thereto; body of the mu
170.09 Priority of lien; interest; and method of pay- (d) Provide for the construction or reconstruction of M1f°0^'.—` 2 "' V
ment. parks and other public recreational facilities and 170.03 Re'
170 10 Legal proceedings instituted upon failure of improvements, including appurtenances thereto;
property owner to pay special assessment or (e) Provide for the construction or reconstruction of assessments.
interest when due: foreclosure; service of seawalls, municipality mE
process. (f) Provide for the drainage and reclamation of wet. ment authorize
170 11 Bonds may be issued to an amount not low, or overflowed lands; any part of the
exceeding the amount of liens assessed for (g) Provide for offstreet parking facilities, parking said governinc
the cost of improvements to be paid by spe garages, or similar facilities; : stating the nat
cial assessment. (h) Provide for mass transportation systems; Hating the st•
(i) Provide for improvements to permit the passage
170 14 Governing authority of municipality required to improved, the
make new assessments until valid assess- and navigation of watercraft; and sewers, and c
meet is made if special assessment is omit-
(j) Provide for the payment of all or any part of the water laterals
ted or held invalid. costs of any such improvements by levying and collect location of the
t 70.15 Expenditures for improvements. ing special assessments on the abutting,adjoining,con- seawalls, the
tiguous, or other specially benefited property. location of the
170.16 Assessment roll sufficient evidence of assess-
ment and other proceedings of this chapter; However,offstreet parking facilities.parking garages,or assess-
nationally part c
variance not material unless party objecting other similar facilities and mass transportation systems and the c
materially injured thereby. must be approved by vote of a majority of the affected by special a
170.17 Denomination of bonds; interest; place of pay- property owners. Any municipality which is legally obli- assessments
ment; form; signatures; coupons; and deliv- gated for providing capital improvements for water or are to be fror
ery. sewer facilities within an unincorporated area of the be paid fro,
170.18 Notice required where no newspaper is pub- county may recover the costs of the capital improve- municipality;
lished in county in which municipality is situ- ments by levying and collecting special assessments for lands upon v�
dt
ated. the purposes authorized in this section on the specially ied, and in e
170.19 Construction and authority of chapter. benefited property; however, collections of the special describe the
170.20 Bonds negotiable. tiguous or b
9 assessment shall not take place until the specially bone 9
170.21 Provisions of chapter supplemental,additional, filed property connects to the capital improvement. meets or she
and alternative procedure. (2) Special assessments may be levied only for the nated by the
purposes enumerated in this section and shall be levied Such resolut
170.01 Authority for providing improvements and only on benefited real property at a rate of assessment of the impro
levying and collecting special assessments against based on the special benefit accruing to such property the cost of c
property benefited.— from such improvements when the improvements labor and mz
(1) Any municipality of this state may,by its govern- funded by the special assessment provide a benefit easements,
ing authority: which is different in type or degree from benefits pro- '1 interest pro
(a) Provide for the construction, reconstruction, vided to the community as a whole. I after complE
repair, paving, repaving, hard surfacing, rehard surfac- (3) Any municipality, subject to the approval of a special asse
ing, widening, guttering, and draining of streets, boule- majority of the affected property owners, may levy and r. - Lions, surve
yards,and alleys;for grading,regrading,leveling,laying, collect special assessments against property benefited r cost of en(
relaying, paving, repaving, hard surfacing, and rehard for the purpose of stabilizing and improving:
surfacing of sidewalks; for constructingor reconstruct ,, expenses
(a) Retail business districts, sibility or c
ing permanent pedestrian canopies over public side- (b) Wholesale business districts, or struction,
1224
0
F.S. 1993 F.S. 1993 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170
(c) Nationally recognized historic districts, expense as may be necessary or incident to the financ-
ing herein authorized.
or any combination of such districts,through promotion, relay.-s 3.ch 9298 1923.CGL 3024.a 2.ch 59-396 s 2.a 67-552 s 1
management, marketing, and other similar services in a' 78-330.s 2'cn 87-103,s 40.ch 91-45.I.2.ch 92-156
foregoing, pro- ` such districts of the municipality. This subsection does 170.04 Plans and specifications, with estimated
not authorize a municipality to use bond proceeds to cost ofproposed im improvement required before ad
furniture, sign- PoP-
by the govern- fund ongoing operations of these districts. tion of resolution.-At the time of the adoption of the
Matary.-s 1,ch 9296.1923.CGL 3022.s 1.cn 59-396.s 1 ch 67-552.s 1,
a, 76-390.s 32.ch 79-164.s 1.a, 82.196.s 32,ch 83-eo4.s. 1,a, s3-337. resolution provided for in s. 170.03,there shall be on file
-action, repair, $ '.ch e7-103:` 39,cn 9'+s ` ',cn 92 156 with the town or city clerk, or like officer, of the munici-
)ilization, and 170.02 Method of rorati s tar assessments. Parity adopting said resolution, an assessment plat
3. sanitary sew- p P� showing the area to be assessed,with plans and specifi-
try, secondary, Special assessments against property deemed to be cations, and an estimate of the cost of the proposed
:nds,and natu- benefited by local improvements, as provided for in s. improvement,which assessment plat,plans and specifi-
Jrmwater man- 170.01, shall be assessed upon the property specially cations and estimate shall be open to the inspection of
sary appurte- benefited by the improvement in proportion to the bene- the public.
ding, but not fits to be derived therefrom, said special benefits to be History.-s.4.ch 9298. 1923.CGL 3025.s.3,ch 59-396
• determined and prorated according to the foot frontage
fiction of water of the respective properties specially benefited by said 170.05 Publication of resolution.-Upon the adop-
tribution facili- improvement,or by such other method as the governing tion of the resolution provided for ins. 170.03,the munic-
ces thereto; body of the municipality may prescribe. ipality shall cause said resolution to be published one
.onstruction of civ•-• 2•ch V96.1923.coL 3323. time in a newspaper of general circulation published in
`acilities and said municipality, and if there be no newspaper pub-
;hereto; 170.03 Resolution required to declare special lished in said municipality, the governing authority of
onstruction of assessments.-When the governing authority of any said municipality shall cause said resolution to be pub-
municipality may determine to make any public improve- lished once a week for a period of 2 weeks in a newspa-
mation of wet, ment authorized by s. 170 01 and defray the whole or per of general circulation published in the county in
any part of the expense thereof by special assessments, which said municipality is located.
!ties, parking . said governing authority shall so declare by resolution H t0rt'--s 5,a' 9296 1923 CGL 3026
stating the nature of the proposed improvement, desig-
. 170.06 Preliminary assessment roll.-Upon the
stems; nating the street or streets or sidewalks to be so adoption of the resolution aforesaid, the governing
r the passage Improved, the location of said sanitary sewers, storm authority of the municipality shall cause to be made a
sewers, and drains, the location of said water mains, preliminary assessment roll in accordance with the
�y part of the water laterals, and other water distribution facilities, the method of assessment provided for in said resolution,
g and collect- location of the recreational facilities, the location of the which assessment roll shall be completed as promptly
:Jjoining,con- seawalls, the location of the drainage project, or the as possible,said assessment roll shall snow the lots and
erty. location of the retail or wholesale business districts or lands assessed and the amount of the benefit to and the
g garages,or nationally recognized historic districts to be improved, assessment against each lot or parcel of land, and, if
aion systems and the part or portion of the expense thereof to be paid said assessment is to oe paid in installments, the num-
' the affected by special assessments, the manner in which said ber of annual installments in which the assessment is
s legally obli- 1 assessments shall be made, when said assessments divided shall also be entered and shown upon said
for water or are to be paid, what part, if any, shall be apportioned to assessment roll.
3I area of the be paid from the general improvement fund of the hsstay.-s 6.ch 9298 '923 CGL 3027.s 3.ch 67-552 s 4 ch 87-'03
oital improve- I municipality;and said resolution shall also designate the 170.07 Publication of preliminary assessment roll.
3lands upon which the special assessments shall be lev-
essmentsfor Upon the completion of said preliminary assessment
the specially led, and in describing said lands it shall be sufficient to roll, the governing authority of the municipality shall by
)f the special describe them as'ail lots and lands adjoining and con- resolution fix a time and place at which the owners of the
:ecially bene- I tiguous or bounding and abutting upon such improve- property to be assessed or any other persons interested
Movement. ments or specially benefited thereby and further desig- therein may appear before said governing authority and
i only for the nated by the assessment plat hereinafter provided for.' be heard as to the propriety and advisability of making
nail be levied Such resolution shall also state the total estimated cost such improvements. as to the cost thereof, as to the
• assessment of the improvement. Such estimated cost may include manner of payment therefor, and as to the amount
Jch property ( the cost of construction or reconstruction, the cost of all thereof to be assessed against each property so
orovements labor and materials,the cost of all lands,property,rights, improved. Ten days' notice in writing of such time and
1e a benefit easements,and franchises acquired,financing charges, place shall be given to such property owners.The notice
oenefits pro- interest prior to and during construction and for 1 year shall include the amount of the assessment and shall be
after completion of construction,discount on the sale of served by mailing a copy to each of such property own-
Doroval of a special assessment bonds, cost of plans and specifica- ers at his last known address,the names and addresses
lay levy and tions, surveys of estimates of costs and of revenues, of such property owners to be obtained from the records
•ty benefited cost of engineering and legal services, and all other of the property appraiser or from such other sources as
g: j expenses necessary or incident to determining the lea- the city or town clerk or engineer deems reliable, proof
sibility or practicability of such construction or recon- of such mailing to be made by the affidavit of the clerk
struction, administrative expense, and such other or deputy clerk of said municipality,or by the engineer,
1225
Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS F.S. 1993
F993
-S_ 1—
levying of the s
said proof to be filed with the clerk,provided,that failure ment during such period prior to the time such financing rovi o by s.
to mail said notice or notices shall not invalidate any of costs are incurred as may be specified by the governing improvement `
the proceedings hereunder.Notice of the time and place authority.
of such hearing shall also be given by two publications s .:s h s929s�923.CGL 3029.s 5.ch.59-396.s 1.
a, 78-330 s 73 ity of the mur
a. authorize the
a week apart in a newspaper of general circulation in uthori ment bo
said municipality, and if there be no newspaper pub- 170.09 Priority of lien;interest;and method of pay- ss of the
lished in said municipality the governing authority of said ment.—The special assessments shall be payable at such
improve
municipality shall cause said notice to be published in the time and in the manner stipulated in the resolution a special ant
like manner in a newspaper of general circulation pub- providing for the improvement; shall remain liens, provementcialfu
fished in the county in which said municipality is located; coequal with the lien of all state, county, district, and solely for the
provided that the last publication shall be at least 1 week municipal taxes, superior in dignity to all other liens, said 'Improve
prior to the date of the hearing. Said notice shall titles,and claims,until paid;shall bear interest,at a rate other purpos
describe the streets or other areas to be improved and not to exceed 8 percent per year,or,if bonds are issued rate bank act
advise all persons interested that the description of pursuant to this chapter,at a rate not to exceed 1 per- city from the
each property to be assessed and the amount to be cent above the rate of interest at which the improvement liens shall b
assessed to each piece or parcel of property may be bonds authorized pursuant to this chapter and used for bonds iss
ascertained at the office of the clerk of the municipality. the improvement are sold,from the date of the accept-
assessed, as
Such service by publication shall be verified by the affi- ance of the improvement; and may, by the resolution ears after ?
davit of the publisher and filed with the clerk of said aforesaid and only for capital outlay projects, be made y yeas. Said
municipality. payable in equal installments over a period not to clerk the
c
w f.—s 7 ch 9298.1923.CGL 3028,s.4.ch 59-396:s 1,ch.77-102.s 5. exceed 20 years, to which, if not paid when due, there liens levied
�" 87 t°3 shall be added a penalty at the rate of 1 percent per
payment of
170.08 Final consideration of special assess- month, until paid. However, the assessments may be I bonds issv
ments;equalizing board to hear complaints and adjust paid without interest at any time within 30 days after the tractor in
assessments;rebate of difference in cost and assess- improvement is completed and a resolution accepting •
or private s
ment.—At the time and place named in the notice pro- the same has been adopted by the governing authority.
vided for in s. 170.07, the governingauthorityof the '—s 9 ' CGL 363Q s.8,rn 59 396 s ch 61-3.9.s • accrued ont
ch 67-552 s 3,a, 80-318.s 74 cn 81-259:s.s.a� 82-19s.s 2.cn 82-198 i the cost of
municipality shall meet and hear testimony from s 33 ch Ei3-20' obligation
affected property owners as to the propriety and advis-
ability170.10 Legal proceedings instituted upon failure of said asses
of making the improvements and funding them ro owner to pay special assessment or interest vided that.,
with special assessments on property. Following the when due; foreclosure; service of process.—Each nues that r-
testimony, the governing authority whether the municipality annual installment provided for in s. 170.09 shall be paid surplus rer-
asse make a final decision on oven to levy the special upon the dates specified in said resolution,with interest est therec'
assessments Thereafter, the governing authority shall upon all deferred payments, until the entire amount of municipa'
meet as an equalizing board to hear and consider any said assessment has been paid,and upon the failure of may be re•
and all complaints as to the special assessments and Imo° section.
shall adjust and equalize the assessments on a basis of any property owner to pay any annual installment due, �, wtpry._s
or any part thereof,or any annual interest upon deferred .` 1,a, 78-33C •
justice and right. When so equalized and approved by payments, the governing authority of the municipality ism&—Tne
resolution or ordinance of the governing authority,a final 92-156 See,
shall cause to be brought the necessary legal proceed-
assessment roll shall be filed with the governing author- ings by a bill in chancery to enforce payment thereof 170.14
ityt of the municipality, and such assessments shall with all accrued interest and penalties,together with all required t
stand confirmed and remain legal, valid, and binding legal costs incurred, including a reasonable solicitor's mantis m
first liens upon the property against which such assess- fee,to be assessed as part of the costs and in the event Invalid.—
of the are made until paid; however, upon completion of default in the payment of any installment of an assess- visions of
of the improvement,the municipality shall credit to each ment,or any accrued interest on said assessment,the Iltt
the exper
of the assessments the difference in the assessment as the interest and enalties *.-.,
whole assessment, with p whole or
originally made, approved, and confirmed and the pro- thereon,shall immediately become due and payable and judgmen
portionate part of the actual cost of the improvement to subject to foreclosure. In the foreclosure of any special
be paid by special assessments as finally determined any murn,
assessment service of process against unknown or non ment is s
upon the completion of the improvement,but in no event resident defendants may be had by publication,as now enforced
shall the final assessments exceed the amount of bene- ''"
provided by law in other chancery suits.The foreclosure municip=
fits originally assessed. Promptly after such confirms proceedings shall be prosecuted to a safe and convey .f. ment wh
tion,the assessments shall be recorded by the city clerk ance of the property involved in said proceedings as . ity of the
in a special book,to be known as the'Improvement Lien now provided by law in suits to foreclose mortgages;or, cause a
Book;and the record of the lien in this book shall consti- in the alternative,said proceeding may be instituted and any part
tute prima facie evidence of its validity. The governing prosecuted under chapter 173. benefits
authority of the municipality may by resolution grant a weory.—s.10,ch.9298.1923:CGL 31331,s.7.a, 59-396
discount equal to all or a part of the payee's proportion- `
_ may second
beate share of the cost of the project consisting of bond 170.11 Bonds may be issued to an amount not sewn rit
financing costs, such as capitalized interest, funded exceeding the amount of liens assessed for the cost .. assessr
.W. autho
reserves, and bond discount included in the estimated of improvements to be paid by special assessment.—
•, wan.
cost of the project, upon payment in full of any assess- After the equalization, approval and confirmation of the y:
1226
F
t •
F.S. 1999 F.S. 1993 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170
such financing levying of the special assessments for improvements as 170.15 Expenditures for improvements.—The goy-
,.
- the governing provided by s. 170.08 and as soon as a contract for said erning authority of any municipality may pay out of its
improvement has been finally let, the governing author- general funds or out of any special fund that may be pro-
' ch 78-330 s 73, A ity of the municipality may by resolution or ordinance vided for that purpose such portion of the cost of any
authorize the issuance of bonds, to be designated 'Im- improvement as it may deem proper.
method of pay- provement bonds, series No. ,' in an amount not in filstort'•—s 15.ch 9298,1923.CGL 3036,s 12.ch 59-396
be payable at excess of the aggregate amount of said liens levied for 170.16 Assessment roll sufficient evidence of
the resolution such improvements. Said bonds shall be payable from assessment and other proceedings of this chapter,
remain liens, a special and separate fund, to be known as the 'Im variance not material unless party objecting materially
district, and provement fund, series No. ,' which shall be used injured thereby.—Any informality or irregularity in the
311 other liens, solely for the payment of the principal and interest of proceedings in connection with the levy of any special
•crest, at a rate said 'Improvement bonds, series No. ' and for no assessment under the provisions of this chapter shall
-ids are issued other purpose. Said fund shall be deposited in a sepa not affect the validity of the special assessment where
exceed 1 per- • rate bank account:and all the proceeds collected by the the assessment roll has been confirmed by the govern-
e.improvement - city from the principal, interest, and penalties of said ing authority. The assessment roll as finally approved
and used for liens shall be deposited and held in said fund. Said and confirmed shall be competent and sufficient evi-
of the accept- bonds so issued shall never exceed the amount of liens dence that the assessment was duly levied, that the
the resolution , assessed, and said bonds shall mature not later than 2 assessment was duly made and adopted, and that all
?cts, be made r years after the maturity of the last installment of said other proceedings adequate to the adoption of the
period not to liens. Said bonds shall bear certificates signed by the assessment roll were duly had,taken, and performed as
-en due, there clerk of the municipality certifying that the amount of required by this chapter,and no variance from the direc
•
1 percent per liens levied, the proceeds of which are pledged to the tions hereunder shall be held material unless it be clearly
gents may be payment of said bonds, are equal to the amount of the shown that the party objecting was materially injured
lays after the bonds issued. The bonds may be delivered to the con- thereby. However, nothing in this section shall relieve
on accepting tractor in payment for his work or may be sold at public the governing authority from notifying the affected prop-
ing authority. . . or private sale for not less than 95 percent of par and erty owners of the special assessments as required by
ch 61-349 s 4 accrued interest, the proceeds to be used in paying for this chapter.
s 2,a, e2-198 the cost of the work. Said bonds shall not be a general waory.s ,s.ch 9296. 1923.CGL 3037 s 7 01'1 87-103.s 41,ch.91-45
obligation of the city, but shall be payable solely out of
Pon failure of • said assessments,installments,interest, 'penalties,pro- 170.17 Denomination of bonds; interest; place of
-It or interest vided that said bonds may be secured by any other reve- payment;form;signatures;coupons;and delivery.—All
:ess.—Each nues that may be legally available for such purpose.Any bonds issued under this chapter shall be the denomina-
snail be paid surplus remaining after payment of all bonds and inter- tion of $500, or some multiple thereof, and shall bear
with interest est thereon shall revert to the city and be used for any interest as provided in s.215.84 until paid in full,payable
amount of municipal purpose. Bonds issued under this section annually or semiannually,and both principal and interest
the failure of may be refunded from time to time as provided in this shall be cayable at such place or places as the govern-
'ailmentdue, section. ing authority may determine. The form of such bonds
oon deferred "*$tor'.—s 11 ch 9298,1923.CGL 1032 s 8.ch 59-396 s 5 cn 67-552.s shall be fixed by resolution of the governing authority of
1.ch 7s-330-,s 3.`h 92-156 the municipality,and said bonds shall be signed by the
municipality 'Nos.—fie word'and'preceding the word'penalhes'was stncken by s 3,ch
;al proceed- 92-156 See Journal of the Senate 1992 p 705 mayor or chief executive officer of the municipality and
-gent thereof the clerk or other like officers thereof, under the seal of
ether with all 170.14 Governing authority of municipality the municipality: the coupons, if any, shall be executed
e solicitor's required to make new assessments until valid assess- by the facsimile signatures of said officers.The delivery
in the event ment is made tf special assessment is omitted or held of any bond and coupon so executed at any time there-
of an assess- invalid.—If any special assessment made under the pro- after shall be valid although before the date of delivery
ssment, the visions of this chapter to defray the whole or any part of the person signing such bond or coupons shall cease to
d penalties the expense of any said improvement shall be either in hold office.
payable and 3 whole or in part annulled, vacated or set aside by the s _'95.5�+�1923,CGL 3038 s 13.ch 59-396.s 16.ch 73-302
• any special judgment of any court, or if the governing authority of
sown or non- any municipality shall be satisfied that any such assess- 170.18 Notice required where no newspaper is
:tion,as now ment is so irregular or defective that the same cannot be published in county in which municipality is situated.—
foreclosure enforced or collected, or if the governing authority of a Where, by any of the provisions of this chapter, any
and convey- i municipality shall have omitted to make such assess- notice is required to be given by publication in a newspa-
g ment when it might have done so,the governing author- per, if there be no newspaper published in the county
.tgages or, ity of the municipality shall take all necessary steps to in which the municipality is situated, then such notice
3tituted and cause a new assessment to be made for the whole or shall be posted for the prescribed period of time in at
any part of any improvement or against any property least five public places in the municipality,one of which
benefited byanyimprovement. followingas nearlyas
P shall be the city or town hall, or the place of meeting of
may be the provisions of this chapter and in case such the governing authority, if there be no city or town hall.
mount not second assessment shall be annulled, said governing ►*Iron•—s 18 ch 9298. 1923 CGL 3039
•or the cost authority of any municipality may obtain and make other
essment.— assessments until a valid assessment shall be made. 170.19 Construction and authority of chapter.—
::,on of the History.—s ,+.ch 9298 1923,CGL 30.1..s ,, ch ss ass This chapter shall, without reference to any other law of
1227
t
Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS F.S. 1993 F.S. 1993
Florida,be full authority for the issuance and sale of the irregularity or defect in the proceedings for the issue and
bonds by this chapter authorized, and shall be con- sale thereof, and shall be incontestable in the hands of
strued as an additional and alternative method for the bona fide purchasers or holders thereof for value.
financing of the improvements referred to herein. No w.emy.—s 20 cn 9296,1923.CGL 3041.s 15.eh 59-396
ordinance, resolution, election or proceeding in respect
of the issuance of any bonds hereunder shall be neces- 170.21 Provisions of chapter supplemental, addi- 171.021
sary,except such as is required by this chapter,and no tional, and alternative procedure.—This chapter shall 171.022
•
publication of any resolution,ordinance,election, notice not repeal any other law relating to the subject matter • 171.031
or proceeding relating to the issuance of the bonds pro- hereof,but shall be deemed to provide a supplemental,
vided for by this chapter shall be required,except such 171.0413
as required by this chapter. additional, and alternative method of procedure for the 171.042 •
His+on•—s 19.cn 9296.1923.CGL 3040.s 14.ch 59-396 benefit of all cities,towns,and municipal corporations of 171.043
170.20 Bonds negotiable.—Bonds issued under S. the state, whether organized under special act or the 171.044
170.11 shall have all the qualities of negotiable paper general law, and shall be liberally construed to effectu 171.045
ate its purpose. 171.046
under the law merchant,and shall not be invalid for any . rr.—s 2,,cn 9�96.1923.cG�3042;s 16,ch.59-396 171.051
wm
171.052
171.061
171.062
171.071
171.081
f., 171.091
171.011
and may
traction P:
►wry-
" 171.021
set forth :
municipa
corporate
when anise
to:
(1) Er.
modation
(2) Es'
out the sta•
(3) En;
to areas t-
(4) Ens
pal servicE
i MMmy.—s
1
C ' 171.022
(1) It
ble and L.
for adjus
state.
(2) TN
charter re
in effect c
erwise
Iwory.—:
171.031
following .
unless sc.
•
(1) .A
to the bo.
addition n
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1228
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F.S. 1993 F.S. 1993 SPECIAL DISTRICTS:GENERAL PROVISIONS Ch. 189
future needs CHAPTER 189
s 4 a+89-279.s SPECIAL DISTRICTS:GENERAL PROVISIONS
^'I P0'"Y OM as
189.401 Short title. counties and municipalities and that independent spe-
189.402 Statement of legislative purpose and intent. cial districts shall only be created by legislative authori-
189.403 Definitions. zation as provided herein.
189.4031 Special districts; requirements. (2) It is the intent of the Legislature through the
189.4035 Preparation of official list of special districts. adoption of this chapter to have one centralized location
189.404 Legislative intent for the creation of for all legislation governing special districts and to:
independent special districts; special act (a) Improve the enforcement of statutes currently in
prohibitions; model elements and other place that help ensure the accountability of special dis-
requirements;general-purpose local gov- tricts to state and local governments.
ernment/Governor and Cabinet creation (b) Improve communication and coordination
authorizations. between state agencies with respect to required special
189.4041 Dependent special districts created after district reporting and state monitoring.
September 30, 1989. (c) Improve communication and coordination
189.4042 Merger. between special districts and other local entities with
189.4043 Dissolution procedures. respect to ad valorem taxation,non-ad valorem assess-
189.4044 Special dissolution procedures. ment collection,special district elections,and local gov-
189.4045 Financial allocations. ernment comprehensive planning.
189.405 Elections; general requirements and proce- (d) Move toward greater uniformity in special district
dures. elections and non-ad valorem assessment collection
189.4051 Elections: special requirements and proce- procedures at the local level without hampering the effi-
dures for districts with governing boards ciency and effectiveness of the current procedures.
elected on a one-acre/one-vote basis. (e) Clarify special district definitions and creation
189.4065 Collection of non-ad valorem assessments. methods in order to ensure consistent application of
189.408 Special district bond referenda. those definitions and creation methods across all levels
189 4085 Bond issuance. of government.
189.409 Determination of financial emergency. (f) Specify in general law the essential components
189.412 Special District Information Program; duties of any new type of special district.
and responsibilities. (g) Specify in general law the essential components
189.413 Special districts; oversight of state funds of a charter for a new special district.
use (h) Encourage the creation of municipal service tax-
189 415 Special district public facilities report. ing units and municipal service benefit units for provid-
189.4155 Activities of special districts. local govern- ing municipal services in unincorporated areas of each
ment comprehensive planning. county.
189.4156 Water management district technical assist- (3) The Legislature finds that:
ance; local government comprehensive (a) There is a need for uniform,focused,and fair pro-
cedures in state law to provide a reasonable alternative
planning.
189.416 Designation of registered office and agent. for the establishment. powers, operation, and duration
189.417 Meetings; notice; required reports. of independent special districts to manage and finance
189.418 Reports; audits. basic capital infrastructure, facilities,and services;and
189.419 Effect of failure to file certain reports. that, based upon a proper and fair determination of
189.421 Failure of district to disclose financial applicable facts, an independent special district can
constitute a timely, efficient, effective, responsive, and
reports.
189.422 Action of the department. economic way to deliver these basic services, thereby
189.423 Purchase or sale of water, sewer, or waste- Providing a means of solving the slate's planning,man
water reuse utility by special district. agement, and financing needs for delivery of capital
189.425 Rulemaking authority. infrastructure,facilities,and services in order to provide
for projected growth without overburdening other gov-
189.427 Fee schedule;Special District Administrative ernments and their taxpayers.
Trust Fund. (b) It is in the public interest that any independent
189.401 Short title.—This chapter may be cited as special district created pursuant to state law not outlive
its usefulness and that the operation of such a district
the'Uniform Special District Accountability Act of 1989.'Mistory.-s 1,ct 89-169 and the exercise by the district of its powers be consist-
ent with applicable due process, disclosure, account-
189.402 Statement of legislative purpose and ability, ethics, and government-in-the-sunshine
intent— requirements which apply both to governmental entities
(1) It is the intent of the Legislature through the and to their elected and appointed officials.
adoption of this chapter to provide general provisions for (c) It is in the public interest that long-range plan-
the definition,creation,and operation of special districts. ning, management, and financing and long-term main-
It is the specific intent of the Legislature that dependent tenance, upkeep, and operation of basic services by
special districts shall be created at the prerogative of the independent special districts be uniform.
1311
Ch. 189 SPECIAL DISTRICTS: GENERAL PROVISIONS F.S. 1993 F.S. 1993
(4) It is the policy of this state: cial act, local ordinance,or by rule of the Governor and opment or app
(a) That independent special districts are a legiti- Cabinet.The special purpose or purposes of special dis- the special acr
mate alternative method available for use by the private tricts are implemented by specialized functions and -` ` ci-
and public sectors, as authorized by state law, to man- related prescribed powers.The term does not include a 189.403S F
age, own, operate, construct, and finance basic capital school district, a community college district, a special tricts.—
infrastructure, facilities, and services. improvement district created pursuant to s. 285.17, a (1) The De
(b) That the exercise by any independent special municipal service taxing or benefit unit as specified in pile the officia
district of its powers,as set forth by uniform general law s. 125.01, or a board which provides electrical service special distrac•'
comply with all applicable governmental comprehensive and which is a political subdivision of a municipality or state and shag
planning laws, rules, and regulations. is part of a municipality. status of each
(5) It is the legislative intent and purpose, based (2) "Dependent special district'means a special dis- be sorted by c
upon,and consistent with,its findings of fact and decla- trict that meets at least one of the following criteria: be the criteria
rations of policy, to authorize a uniform procedure by (a) The membership of its governing body is identi- dependent sta
general law to create an independent special district as cal to that of the governing body of a single county or list.The status
an alternative method to manage and finance basic capi- a single municipality. be independe'
tal infrastructure,facilities,and services. It is further the (b) All members of its governing body are appointed (2) The oft
legislative intent and purpose to provide by general law by the governing body of a single county or a single meet after the
for the uniform operation,exercise of power,and proce- municipality. trict that is c_
dure for termination of any such independent special (c) During their unexpired terms, members of the Department _
distract. special district's governing body are subject to removal 218.32, or th+
(6) The Legislature finds that special districts serve by the governing body of a single county or a single Upon not f cz
a necessary and useful function by providing services municipality. within 60 da;y
to residents and property in the state. The Legislature (d) The district has a oudget that requires approval urination s..o•'
finds further that special districts operate to serve a pub- eat with a..
lic purpose and that this is best secured by certain mini- through an affirmative vote or can be vetoed by the gov-
ernment a�
mum standards of accountabilitydesigned to inform the erning body of a single county or a single municipality.
9 tor Genera o.
public and appropriate general-purpose local govern- This subsection is for purposes of definition only. Noth- (3) The D•
meats of the status and activities of special districts. It ing in this subsection confers additional authority upon provide the d
is the intent of the Legislature that this public trust be local governments not otherwise authorized by the pro- districts repo'
secured by requiring each independent special district visions of the special acts or general acts of local appli the officia Scin the state to register and report its financial and other cation creating each special district, as amended. (4) If a .
activities. The Legislature further finds that failure of an (3) "Independent special district' means a special the depart me
independent special district to comply with the mini- district that is not a dependent special district as departure a <_
mum disclosure requirements set forth in this chapter defined in subsection (2). A district that includes more status of said
may result in action against officers of such district than one county is an independent special district is completed
board. unless the district lies wholly within the boundaries of a nation to Thean a
(7) Realizing that special districts are created to m) f
serve special purposes, the Legislature intends through single(4) municipality. completed b
the adoption of this chapter that special districts cooper- nity "Department'means the Department of Commu- meritt of specia
nnual
ate and coordinate their activities with the units of gener-
(5)Affairs. annuali.
al-purpose local government in which they are located. (5) "Local governing authority'means the governing distributed to
The reporting requirements set forth in this chapter shall body of a unit of local general-purpose government. General.tae C
be the minimum level of cooperation necessary to pro-
However, if the special district is a political subdivision Banking and
vide services to the citizens of this state in an efficient of a municipality, local governing authority" means the Services. co
and equitable fashion. municipality. appraisers. ta
(8) The Legislature finds and declares that: (6) 'Water management district'for purposes of this (6) Prepa•
(a) Growth and development issues transcend the chapter means a special taxing district which is a •
or the deterrr
boundaries and responsibilities of individual units of regional water management district created and oper- agency action
government,and often no single unit of government can ated pursuant to chapter 373 or chapter 61-691, Laws a special dust
plan or implement policies to deal with these issues of Florida, or a flood control district created and oper- the status s
without affecting other units of government. ated pursuant to chapter 25270, Laws of Florida, 1949, •
request the o
(b) The provision of capital infrastructure, facilities, as modified by s. 373.149. " setting forth
and services for the preservation and enhancement of History.—s.3,m e�'es s ' `" 92-314. Ktconsistenc
the quality of life of the people of this state may require tory er
189.4031 Special districts;requirements.—All spe- pursuantuant t to
thets e creation of multicounty and multijurisdictional dis- cial districts,regardless of the existence of other,more 1 special distn,
Mbtory._s 2,u, ,log specific provisions of applicable law, shall comply with shall apply to
the creation,dissolution,and reporting requirements set district for ar
189.403 Definitions.—As used in this chapter, the forth in this chapter. For a dependent special district specified def.
term: created by special act prior to October 1, 1989,nothing shall be forth
(1) "Special district" means a local unit of special- herein is intended to confer new power upon the gener- - between a d:
purpose, as opposed to general-purpose, government al-purpose local government,nor reduce the powers of it appears on
within a limited boundary, created by general law, spe- the dependent special district,relating to budget devel- as follows:
1312
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� • .,,, ': .•; -_ (!L: iiyq. .Y , k-A. �1.:' 4�#" y�r _•tee..•. is n 745a.
ti. :. .c:,..;;;.,..,.., .::"r'r.^. >c• "' ��t�f- :�. ,R ...�.• w�ti s �.^tocria •hd :.i � '.!?.---::`..4�y r,� .. ^��,, i,9Ys
.
F.S. 1993 F.S. 1993 SPECIAL DISTRICTS:GENERAL PROVISIONS Ch. 189
the Governor and a opment or approval in contradiction to the provisions of (a) In the event a special district was created by a
ses of special dis- a the special act. local general-purpose government or state agency and
d functions and ' Oft.—' 4.t 89-16 applies for an amendment to its charter to confirm its
toes not include a independence, said application shall be granted as a
d strict, a 189.4035 Preparation of official list of special dis-
special _ matter of right. If application by an independent district
trictsdt to S. 285.17, a is not made within 6 months of rendition of a declaratory
(1) The Department of Community Affairs shall corn-
,it as specified in '' statement, the district shall be deemed dependent and
pile the official list of special districts. The official list of
electrical service become a political subdivision of the governing body
special districts shall include all special districts in this n a municipality or which originally and shall indicate the independent or dependent 9 y established it by operation of law.
status of each district.All special districts in the list shall ( ff the Legislature created a special district, the
ans a special dis- be sorted by county. The definitions in s. 189.403 shall distrtr ict shall request,by resolution,an amendment to its
Charter bythe Legislature. Failure to applyto the Legis-
lature
owing criteria: be the criteria for determination of the independent or g
�g body is identi- dependent status of each special distract on the official for an amendment to its charter during the next
sin le coup or regular legislative session following rendition of a declar-
g county list.The status of community development districts shall atory statement or failure of the Legislature to pass a
be independent on the official list of special distncts. special act shall render the district dependent.
dy are appointed (2) The official list shall be produced by the depart- (7) The department
>unty or a single ment after the department has notified each special dis- shall furnish a copy of the first
official list of special districts to the President of the Sen-
trict that is currently reporting to the department, the ate and the Speaker of the House of Representatives by
"iembers of the Department of Banking and Finance pursuant to s. October 1, 1990, and annually thereafter on October 1.
..olect to removal 218.32, or the Auditor General pursuant to s. 11.45. today.—s 5.ch 89-189:s.78,ch.92-279,s.55.ch.92-326.
.,nty or a single Upon notification, each special district shall submit,
within 60 days,its determination of its status.The deter- 189.404 Legislative intent for the creation of
squires approval mination submitted by a special district shall be consist- independent special districts;special act prohibitions;
-toed by the gov- ent with the status reported in the most recent local gov- model elements and other requirements; general-
gle municipality. ernment audit of district activities submitted to the Audi- purpose local govemment/Govemor and Cabinet cre-
tor General pursuant to s. 11.45. Mort authorizations.—
-o,t,on only. Noth- (3) The Department of Banking and Finance shall (1) LEGISLATIVE INTENT.—It is the intent of the
ii authority upon provide the department with a list of dependent special Legislature that, after September 30, 1989, at a mini-
zed by the pro- districts reporting pursuant to s.218.32 for inclusion on mum,the requirements of subsection(3)must be sats-
ts of local appli- the official list of special districts. fled when an independent special district is created.
amended. (4) If a special district does not submit its status to (2) SPECIAL ACTS PROHIBITED.—Pursuant to s.
.ans a special # the department within the required time period,then the 11(aX21),Art.III of the State Constitution,the Legislat;.'e
-::,al district as department shall have the authority to determine the hereby prohibits special laws or general laws of local
ncludes more status of said district.After such determination of status application which:
oec al district is completed, the department shall render the determi- (a) Create independent special districts that do not,
oundaries of a nation to an agent of the special district. at a minimum, conform to the minimum requirements in
(5) The first official list of special districts shall be subsection (3):
lent of Commu- completed by October 1, 1990. Thereafter, the official (b) Exempt independent special district elections
list of special districts shall be updated by the depart- from the appropriate requirements in s. 189.405;
s the governing ment annually.The official list of special districts shall be (c) Exempt an independent special district from the
se government. distributed to independent special districts, the Auditor requirements for bond referenda in s. 189.408:
cal subdivision P- General,the Department of Revenue,the Department of (d) Exempt an independent special district from the
-ty' means the Banking and Finance, the Department of Management reporting, notice, or public meetings requirements of s.
Services, counties, municipalities, county property 189.4085, s. 189.415, s. 189.417, or s. 189.418;
urposes of this appraisers, tax collectors,and supervisors of elections. (e) Create an independent special district for which
(6) Preparation of the official list of special districts a statement has not been submitted to the Legislature
•Ct which is a or the determination of status does not constitute final that documents the following:
-aced and oper- agency action pursuant to chapter 120. If the status of 1. The purpose of the proposed district;
61-691, Laws a special district on the official list is inconsistent with 2. The authority of the proposed district;
-ated and oper- the status submitted by the district, the district may 3. An explanation of why the district is the best
f Florida, 1949, •
request the department to issue a declaratory statement alternative; and
setting forth the requirements necessary to resolve the 4. A resolution or official statement of the governing
inconsistency.If necessary,upon issuance of a declara- body or an appropriate administrator of the local jurisdic-
• tory statement by the department which is not appealed tion within which the proposed district is located stating
•ents.—AII spe- . pursuant to chapter 120, the governing board of any that the creation of the proposed district is consistent
of other, more special district receiving such a declaratory statement with the approved local government plans of the local
all comply with i
A shall apply to the entity which originally established the governing body and that the local government has no
awrements set ` district for an amendment to its charter correcting the objection to the creation of the proposed district.
special district specified defects in its original charter.This amendment (3) MINIMUM REQUIREMENTS.—General laws or
1989, nothing f shall be for the sole purpose of resolving inconsistencies special acts that create or authorize the creation of
aon the gener- T between a district charter and the status of a district as independent special districts and are enacted after Sep-
• the powers of it appears on the official list.Such application shall occur tember 30, 1989,must address and require the following
budget devel- as follows: in their charters:
1313
Ch. 189 SPECIAL DISTRICTS:GENERAL PROVISIONS F.S. 1993 F.S. 1993
(a) The purpose of the district. 2. Any combination of two or more counties or (2) The p.
(b) The powers,functions,and duties of the district municipalities may create a regional special district community a
regarding ad valorem taxation,bond issuance,other rev- which shall be established in accordance with s. ant to chapt•
enue-raising capabilities, budget preparation and 373.1962, or as otherwise authorized by general law. created and
approval,liens and foreclosure of liens,use of tax deeds 3. Any combination of two or more counties,munici- Mis1Ofy.-` ' .
and tax certificates as appropriate for non-ad valorem palities, or other political subdivisions may create a 189 4044
assessments, and contractual agreements. regional special district in accordance with s. 163.567, (1) The
(c) The methods for establishing and dissolving the or as otherwise authorized in general law. declare enact
district. Hlemry.-6 6.aee-ice:s los aeo-136
+N re Oft being
374 o7s does not exist
(d) The method for amending the charter of the dis- such special
trict. 189.4041 Dependent special districts created after finding:
(e) The membership and organization of the govern- September 30, 1989.—A charter for the creation of a (a) That t
ing board of the district. If a district created after Sep- dependent special district created after September 30, or elected a
tember 30, 1989, uses a one-acre/one-vote election 1989,shall be adopted only by ordinance of a county or ately preced
principle, it shall provide for a governing board consist- municipal governing body having jurisdiction over the I not operated
ing of five members. Three members shall constitute a area affected. (b) That
quorum. he•mn.—I 7.6h 89-169 been publish
(f) The maximum compensation of a governing of general c
board member. 189.4042 Merger.— wherein the
(g) governing (1) The merger of one or more municipalities or statingthe r
The administrative duties of the overnin board counties with special districts, or the merger of two or
of the district. P g which it was
(h) The applicable financial disclosure,noticing,and more special districts, may be adopted by passage of tion of the t,
reporting requirements. a concurrent ordinance or, in the case of special dis- stating that
(i) If a district has authority to issue bonds,the pro- trios,resolution by the governing bodies of each unit to or to any ae
cedures and requirements for issuing bonds. be affected. later than &.
(j) The procedures for conducting any district elec- (2Xa) Initiation of procedures for merger of special with the oe:
tions or referenda required and the qualifications of an districts as described in subsection (1) may be done (c) That
elector of the district. either by adoption of a resolution by the governing body tion date of
(k) The methods for financing the district. of an area to be affected or by a pet lion of 10 percent sustained
(I) If an independent special district has the author- of the qualified voters in the area (2) The
(b) If a petition has been filed with the governing cial inform
ity to levy ad valorem taxes, other than taxes levied for bodies concerned, the governing bodies shall immedi- pepartme'
the payment of bonds and taxes levied for periods not ately undertake a study of the feasibility of the merger Affairs any
longer than 2 years when authorized by vote of the elec- proposal and shall,within 6 months.either adopt a reso within the t
tors of the district, the millage rate that is authorized. lution under subsection(1)or reject the petition,specifi- s (3) If ar
(m) The method or methods for collecting non-ad cally stating the facts upon which the rejection is based. to this sec:
valorem assessments,fees, or service charges. (c) A copy of the proposed charter or merger agree- I tion, any
(n) Planning requirements. ment shall be filed within 30 days after the effective date belonged t
(o) Geographic boundary limitations. of the merger with the Special District Information Pro- be subject
(4) LOCAL GOVERNMENT/GOVERNOR AND CABI- gram and each local general-purpose government - After the pa
NET CREATION AUTHORIZATIONS.— within which the district is located. district, th,
(a) A municipality may create an independent spe- (d) The purpose of this subsection is to provide escheat tc
cial district which shall be established by ordinance in broad citizen involvement in both initiating and develop- If, however
accordance with s. 190.005,or as otherwise authorized ing special districts; therefore, establishment of appro- i such debt.
in general law. priate citizen advisory committees, as well as other territory or
(b) A county may create an independent special dis- mechanisms for citizen involvement, by the governing :::__ may be as
trict which shall be adopted by a charter in accordance bodies of the units affected is specifically authorized al-purpos€
with s. 125.901 or s. 154.331 or chapter 155, or which and encouraged. j and shall b
shall be established by ordinance in accordance with s. (3) The provisions of this section shall not apply to t ' and collet'
190.005, or as otherwise authorized by general law. community development districts implemented pursu- (4) Any
(c) The Governor and Cabinet may create an ant to chapter 190 or to water management districts cre- i ;-- of any sp,
independent special district which shall be established ated and operated pursuant to chapter 373. shall be re
by rule in accordance with s. 190.005, in accordance Nipe�,.—s.e.C Eis-1es cars of boa
with is. 374.075, or as otherwise authorized in general _ of inactive
law. The Governor and Cabinet may also approve the 189.4043 Dissolution procedures.— by s. 10,A
establishment of a charter for the creation of an (1) The charter of any existing special district may Legislatur€
independent special district which shall be in accord- be revoked and the special district dissolved by either: NreQr.-s
ance with s.373.1962,or as otherwise authorized in gen- (a) A special act of the Legislature; or
eral law. (b) A resolution of the governing body of the special .w 189.404
(d)1. Any combination of two or more counties may district,a copy of which shall be filed within 30 days after (1) Th,
create a regional special district which shall be estab- the effective date of the dissolution with the Special Dis- special d
lished in accordance with s. 950.001, or as otherwise trict Information Program and the local general-purpose receive ti
authorized in general law. government within which the district is located. special di`
1314
- • ••.---.11
a" ,ram • »yi
s
F.S. 1993 F.S. 1993 SPECIAL DISTRICTS:GENERAL PROVISIONS Ch. 189
Dre counties or (2) The provisions of this section shall not apply to ment shall provide for the determination of the proper
special district community development districts implemented pursu- allocation of the indebtedness so assumed and the man-
rdance with s. ant to chapter 190, or to water management districts ner in which said debt shall be retired.
y general law. created and operated pursuant to chapter 373. (2) The dissolution of a special district government
-aunties,munici• minory•-s 9.`" 89-169 shall transfer the title to all property owned by the preex-
may create a • 189.4044 Special dissolution procedures.— fisting special district government to the local general-
with s. 163.567, (1) The Secretary of State by proclamation shall Purpose government, which shall also assume all
'N declare inactive any special district in this state upon a indebtedness of the preexisting special district, unless
report being filed by the department which shows that otherwise provided in the dissolution plan.
such special district is no longer active, based upon a (3) The provisions of this section shall not apply to
cts created after finding: community development districts established pursuant
,e creation of a (a) That the special district has not had appointed to chapter 190 or to water management districts created
- September 30, or elected a governing body within the 4 years immedi- and operated pursuant to chapter 373.
:e of a county or ately preceding or as otherwise provided by law or has ►issorr•-s i, C 89-16e
fiction over the - not operated within the 2 years immediately preceding; 189 405 Elections; generalrequirements and(b) That a notice of the proposed proclamation has
pro-
been published once a week for 4 weeks in a newspaper cedures•—
• of general circulation within the county or municipality (1) If a dependent special district has an elected
:nicipalities or wherein the territory of the special district is located, governing board, elections shall be conducted by the
anger of two or stating the name of said special district, the law under supervisor of elections of the county wherein the district
by passage of which it was organized and operating,a general descrip- is located in accordance with the Florida Election Code,
of special dis- tion of the territory included in said special district, and chapters 97 through 106.
of each unitto stating that any objections to the proposed proclamation (2)(a) Any independent special district located
s or to any debts of said special district shall be filed not entirely in a single county may provide for the conduct
▪ ger of later than 60 days following the date of last publication of district elections by the supervisor of elections for that
special done with the department; and county. Any independent special district that conducts
may
governing done (c) That 60 days have elapsed from the last publica- its elections through the office of the supervisor shall
n of 10 percent tion date of the notice of proposed proclamation and no make election procedures consistent with the Florida
sustained objections have been filed. Election Code, chapters 97 through 106, for the follow-
(2)the governing The state agency charged with collecting finan- ing:ormaion
shall meth- cial inft from speca s s repo l districthall rt to the 1 Qualifying periods,in accordance with s.99.061:
;f the merger Department of State and the Department of Community 2 Petition format,in accordance with rules adopted
g Affairs any special district which has failed to file a report by the Ji'ision of Elections,
adopt a reso- within the time set by law.
-3 t.tion,specifi- 3. Canvassing of returns, in accordance with ss.
(3) If any special district declared inactive pursuant t101 5614 and 102.151;
on is based. to this section owes any debt at the time of proclama-
- merger agree- tion, any property or assets of such unit, or which 4. Noticing special district elections, in accordance
effective date with chapter 100; and
belonged thereto at the time of such proclamation, shall
Formation Pro-
be subject to legal process for payment of such debt. 5 Polling hours, in accordance with s. 100.011.
e government s' After the payment of all the debts,of said inactive special (b) Any independent special district not conducting
district, the remainder of its property or assets shall district elections through the supervisor of elections
is to provide escheat to the county or municipality wherein located. shall report to the supervisor in a timely manner the pur-
,g and develop- ' If, however, it shall be necessary, in order to pay any pose, date, authorization, procedures, and results of
-merit of appro- such debt,to levy any tax or taxes on the property in the each election conducted by the district.
well as other territory or limits of the inactive special district,the same (3Xa) If a multicounty special district has a popularly
the governing may be assessed and levied by order of the local gener- elected governing board, elections for the purpose of
:ally authorized al-purpose government wherein the same is situated electing members to such board shall conform to the
and shall be assessed by the county property appraiser Florida Election Code, chapters 97 through 106.
-all not apply to and collected by the county tax collector. (b) With the exception of those districts conducting
▪mented pursu- 4 (4) Any special act creating or amending the charter elections on a one-acre/one-vote basis, qualifying for
-nt districts cre- of any special district proclaimed inactive hereunder multicounty special district governing board positions
373. shall be reported by the Governor to the presiding offi- shall be coordinated by the supervisors of elections for
cers of both houses of the Legislature.The proclamation each of the counties within the district.
of inactive status shall be sufficient notice as required (4) With the exception of elections of special district
by s. 10,Art.III of the State Constitution to authorize the overnin board members conducted on a one-acre/
9
Legislature to repeal any special laws so reported. one-vote basis, in anyelection conducted in a special
Dived by either: wrory._s ,o,cr 89-169 p
Or district the decision made by a majority of those voting
:;of the special 189.4045 Financial allocations.— shall prevail.
n 30 days after (1) The government formed by merger of existing (5) The provisions of this section shall not apply to
ne Special Dis- special districts shall assume all indebtedness of, and community development districts established pursuant
eneral-purpose receive title to all property owned by, the preexisting to chapter 190 or to water management districts created
ocated. - special districts.The proposed charter or merger agree- and operated pursuant to chapter 373.
1315
Ch. 189 SPECIAL DISTRICTS:GENERAL PROVISIONS F.S. 1993
F.S. 1993
(6) Nothing in this act requires that a special district density of one single-family home per 2.5 acres with
governed by an appointed board convert to an elected access to improved roads or a minimum densityof one trio nd the
governing board. single-family homeper within the
._5 12,ch 1sy g y 5 acres within a recorded plat upon the
subdivision.Urban areas shall be designated by the gov- 2. W,
189.4051 Elections; special requirements and pro- erning board of the district with the assistance of all local process c
cedures for districts with governing boards elected on general-purpose governments having jurisdiction over
the area within the district. tors of tr•
a one-acre/one-vote basis.— within the
(1) ELECTION PROVISIONS SPECIAL DIS (c) "Governing board member means any duly board.
TRICTS WITH ELECTION
BOARDSFOR ELECTED DN - elected member of the governing board of a special dis-
ONE-ACRE/ONE-VOTE BASIS.—
board elected pursuant to this section, provided that any3. An,
board member elected by accuracy
ginf
(a) With the exception of those districts established popular vote shall be a district trio g boa
as single-purpose water control districts, and which elector and any board member elected on a one-acre/
one-vote basis shall meet the requirementserring boa
continue to act as single-purpose water control dis- for election to the board. of s.298.11 governing
tricts,pursuant to chapter 298,pursuant to a special act, (d) "Contiguous developed urban area" means any Prepare and
pursuant to a local government ordinance, or pursuant reasonably compact urban area located entirely within Such and
to a judicial decree, if a special district has a governing a special district. The separation of urban areas by a Such deter
board elected on the basis of one vote for each acre of publicly owned park, right-of-way, highway, road, rail- tamed witr
land owned and. road, canal, utility, body of water, watercourse, or other governing
1. Has a total resident population of more than minor geographical division of a similar nature shall not present th
2,500 according to the latest census or population esti- prevent such areas from being defined as urban areas. 4. Up
engineer, •
mate: (3) POPULAR ELECTIONS: REFERENDUM, DESIG-
2. Has more than 2.000 registered voters, and NATION OF URBAN AREAS.— submitted
a
3. Submits a petition signed by more than 70 per- (a) Referendum.— engineer
cent of the registered voters requesting conversion from 1. A referendum she be called by the governing maps toa
a one-acre/one-vote to a one-person/one-vote elec- board of a special district on the question of whether such map
tion principle to the supervisor of elections in the county certain members of a district governing board should be adopt the
in which all or most of the area of the district land is elected by qualified electors, provided each of the fol• meeting.
located, lowing conditions is satisfied: 5. An.
it may proceed in accordance with the provisions of sub- a. The district shall have a total population,accord- accuracy c
it yn(3)at in following the ef v date this ing to the latest official state census, a special census, within 30 ,
act. or a population estimate. of at least 500 qualified elec- court with
(b) With the exception of those districts established tors. determine:
ass) With the or controlfdistricts,istricts and which b. A petition signed by 10 percent of the qualified so filed she
continue to act as single-purpose water control dis- electorsoard the tre district shall be filed with the governing with
court.a
tricts,pursuant to chapter 298,pursuant to a special act, board of district. with amen.
2
pursuant to a local government ordinance, or pursuant Upon verification by the supervisor or n whic• 6. Upc
sons of elections of the county or counties withi n whic
to judicial decree, the governing board of any special h the court,t
district where the board is elected on a one-acre/one- district lands are located that 10 percent of the qualified official ma:
vote basis rerequestelectors of the district have petitioned the governing area withir
may the local legislative delegation board,a referendum election shall be called by the gov- board mer
which represents the area within the district to modify erning board at the next regularly scheduled election or by the one-
the district charter by special act to provide for a more within 6 months of verification, whichever is earlier. scheduled
equitable basis of election for governing board members 3. If the qualified electors approve the election pro- 7. Upc
than the present election procedure. If such request is cedure described in this subsection, the governing , area withir
enacted into law during the 1989 or 1990 Regular Ses- board of the district shall be increased to five members within the c
sion of the Florida Legislature,such law shall be the elec- and elections shall be held pursuant to the criteria boas in acc
lion charter for election of governing board members described in this subsection beginning with the next scant to pa•
within said district and shall exempt said district from regularly scheduled election or at a special election shah be de
the election provisions of this section. called within 6 months following the referendum and 8. The
(2) DEFINITIONS.—As used in this section,the term: final unappealed approval of district urban area maps as 5 years or
(a) "Qualified elector means any person at least 18 provided in paragraph (b), whichever is earlier. board.
years of age who is a citizen of the United States,a per- 4. If the qualified electors of the district disapprove I (4) GO%
manent resident of Florida,and a freeholder or freehold- the election procedure described in this subsection,
er's spouse and resident of the district who registers governing 1. r
9 elections of the members of the board shall 1. Merr
with the supervisor of elections of the county within continue as described by s.298.12 or the enabling legis- shall be ele
which the district lands are located when the registration lation for the district.No further referendum on the ques- minations c
books are open. Lion shall be held for a minimum period of 2 years. ' a. If urt
(b) "Urban area'means a contiguous developed and (b) Designation of urban areas.—
inhabited urban area within a district with a minimum 1. Within 30 days after approvaldistrict, one
average resident population density of at least 1.5per- y of the election , by the t
process described in this subsection by qualified elec- t bers shall b
sons per acre as defined by the latest official census, tors of the district, the governing board shall direct the one-vote pr
special census, or population estimate or a minimum district engineer to prepare and present maps of the dis- trict-enabler
1316 ,
•
•
=d • _`2:.: -' "..i. 1 .tY:.yy.:'a}.. j''tG' ''1 �i„�j. `45i••'.:5j �;i[} .' - it '',$' ,r,.7,-,i,,4 Y.:.IT... xgY+
-'♦ . . • F:440 4. C '''. 4 1;���v .":.. ' .. ^n13,:_.. i ._41. �.�,-�M. F., =7P' A7-.
g-
F.S. 1993 F.S. 1993 SPECIAL DISTRICTS:GENERAL PROVISIONS Ch. 169
er 2.5 acres with tnct describing the extent and location of all urban areas b. If urban areas constitute 26 percent to 50 per-
im density of one • within the district. Such determination shall be based cent of the district,two governing board members shall
n a recorded plat upon the criteria contained within paragraph (2Xb). be elected by the qualified electors and three governing
gnated by the gov- 2. Within 60 days after approval of the election board members shall be elected in accordance with the
;istance of all local process described in this subsection
3 jurisdiction over • by qualified elec- one-acre/one-vote principle contained within s. 298.11
tors of the district, the maps describing urban areas or the district-enabling legislation.
any duly within the district shall be presented to the governing c. If urban areas constitute 51 percent to 70 per-
meansd of special dis- board. cent of the district, three governing board members
prof a ed any •
3. Any district landowner or elector may contest the shall be elected by the qualified electors and two gov-
jrovie a that anyrict accuracy of the urban area maps prepared by the dis- erning board members shall be elected in accordance
-,shallon a one-acre/ tract engineer within 30 days after submission to the gov- with the one-acre/one-vote principle contained within
vents of S.-acre/ erning board.Upon notice of objection to the maps,the s. 298.11 or the district-enabling legislation.
governing board shall request the county engineer to d. If urban areas constitute 71 percent to 90 area' means any per-
prepare and present maps of the district describing the cent of the district,four governing board members shall
ad entirely within extent and location of all urban areas within the district. be elected by the qualified electors and one governing
urban areas by a Such determination shall be based upon the criteria con board member shall be elected in accordance with the
3hway, road, rail- . Within 30 days after the one-acre/one-vote principle contained within s.298.11
tained within paragraph(2Xb)
governing board request, the county engineer shall or the district-enabling legislation.
;rcourse, or other present the maps to the governing board. e. If urban areas constitute 91 percent or more of
• nature shall not 4. Upon presentation of the maps by the county the district, all governing board members shall be
t as urban areas. elected bythe qualified electors.
ENDUM; DESIG engineer, the governing board shall compare the maps
submitted by both the district engineer and the county 2. All governing board members elected by quali
engineer and make a determination as to which set of fed electors shall be elected at large.
maps to adopt. Within 60 days after presentation of all (b) Term of office.—All governing board members
-.y the governing elected by qualified electors shall have a term of 4 years
stion of whether such maps, the governing board may amend and shall except for governing board members elected at the first
board should be adopt the official maps at a regularly scheduled board election and the first landowners' meeting following the
each of the fol- g referendum prescribed in paragraph (3)(a). Governing
5. Any district landowner or elector may contest the board members elected at the first election and the first
culation,accord- accuracy of the urban area maps adopted by the board landowners' meeting following the referendum shall
special census, within 30 days after adoption by petition to the circuit serve as follows:
0 qualified elec- court with jurisdiction over the district.Accuracy shall be
determinedpursuant to paragraph (2Xb). 1. If one governing board member is elected by the
p g p Any petition qualified electors and four are elected on a one-acre/
of the qualified so filed shall be disposed of by summary proceeding of one-vote basis, the governing board member elected
n the governing the court, and the maps shall be certified to the board by the electors shall be elected for a period of 4 years.
with amendments, if necessary. Governing board members elected on a one-acre/one-
,sor or supervi- 6. Upon adoption by the board or certification by vote basis shall be elected for periods of 1, 2, 3, and 4
es within which the court,the district urban area maps shall serve as the years, respectively, as prescribed by ss. 298.11 and
- of the qualified official maps for determination of the extent of urban 298.12.
the governing area within the district and the number of governing 2. If two governing board members are elected by
ed by the gov- board members to be elected by qualified electors and the qualified electors and three are elected on a one-
•.jled election or by the one-acre/one-vote principle at the next regularly acre/one-vote basis, the governing board members
er is earlier. scheduled election of governing board members. elected by the electors shall be elected for a period of
ne election pro- 7. Upon a determination of the percentage of urban 4 years. Governing board members elected on a one-
the governing area within the district as compared with total area acre/one-vote basis shall be elected for periods of 1,2,
o five members within the district, the governing board shall order elec- and 3 years, respectively, as prescribed by ss. 298.11
to the criteria tions in accordance with the changed percentages pur- and 298.12.
with the next suant to paragraph(4)(a).The landowners'meeting date 3. If three governing board members are elected by
oecial election shall be designated by the governing board. the qualified electors and two are elected on a one-
eferendum and 8. The maps shall be updated and readopted every acre/one-vote basis, two of the governing board mem-
:n area maps as 5 years or sooner in the discretion of the governing bers elected by the electors shall be elected for a term
earlier. board. of 4 years and the other governing board member
'ict disapprove (4) GOVERNING BOARD.— elected by the electors shall be elected for a term of 2
,s subsection, (a) Composition of board.— years. Governing board members elected on a one-
ng board shall 1. Members of the governing board of the district acre/one-vote basis shall be elected for terms of 1 and
enabling legis- shall be elected in accordance with the following deter- 2 years, respectively, as prescribed by ss. 298.11 and
.m on the ques- minations of urban area: 298.12.
of 2 years. a. If urban areas constitute 25 percent or less of the 4. If four governing board members are elected by
district, one governing board member shall be elected the qualified electors and one is elected on a one-acre/
;f the election by the qualified electors and four governing board mem- one-vote basis, two of the governing board members
qualified elec- bers shall be elected in accordance with the one-acre/ elected by the electors shall be elected for a term of 2
shall direct the one-vote principle contained within s.298.11 or the dis- years and the other two for a term of 4 years. The gov
naps of the dis- trict-enabling legislation. erning board member elected on a one-acre/one-vote
1317
•
.0 t<4
... <, ,E':`:;. �i - .-.r._ "�": r< ..ram �fi•
Ch. 189 SPECIAL DISTRICTS:GENERAL PROVISIONS F.S. 1993 F.S. 1993
basis shall be elected for a term of 1 year as prescribed 189.4065 Collection of non-ad valorem assess- Banking anc
by ss. 298.11 and 298.12. ments.—Community development districts may and the State Boa'
5. If five governing board members are elected by other special districts shall provide for the collection of ment of the C
the qualified electors, three shall be elected for a term annual non-ad valorem assessments in accordance Division of Ac
of 4 years and two for a term of 2 years. with chapter 197 or monthly non-ad valorem assess- nue, and the
6. If any vacancy occurs in a seat occupied by a ments in accordance with chapter 170. required in s
governing board member elected by the qualified elec- Mfs1O^'"-5 14,rn B9-169 112.3149, 112
tors, the remaining members of the governing board and chapter -
189.408 Special district bond referenda.—Where
P�
shall,within 45 days of receipt of a resignation, appoint programs tha•
required by the State Constitution or general law, spe special distr c
a person who would be eligible to hold the office to the cal district bond referenda shall be conducted accord- t
unexpired term of the resigning member. of a list of spe
ing to ss. 100.211 and 100.221. The provisions of this information
(c) Landowners' meetings.— section shall not apply to community development dis comply with "
1. An annual landowners'meeting shall be held pur- tricts established pursuant to chapter •
190. nc
suant to s. 298.11 and at least one governing board Hisior,,-s 15,th 89-19 a ) y. m
member shall be elected on a one-acre/one-vote basis (3and de pee rr
pursuant to s. 298.12 for so long as 10 percent or more 189.4085 Bond issuance.—When no referendum is updated and
of the district is not contained in an urban area. In the required,within 5 business days after the closing of the state and loc
event all district governing board members are elected sale of bonds by a special district, the district shall pro- (4) The c•
by qualified electors, there shall be no further landown- vide evidence to the Special District Information Pro- conference. •
ers' meetings. gram of the Department of Community Affairs that the March 1, 199
2. At any landowners' meeting called pursuant to bonds met at least one of the following criteria at the (a) Expla
this section,50 percent of the district acreage shall not time of the closing: ments press•
be required to constitute a quorum and each governing (1) The bonds shall be rated in one of the highest (b) Des.:
board member shall be elected by a majority of the acre- four ratings by a nationally recognized rating service: affect the r-
age represented either by owner or proxy present and (2) The bonds were privately placed with or other- (c) Conc
voting at said meeting. wise sold to accredited investors; tion and too-
3. All landowners' meetings of districts operating (3) The bonds shall be backed by a letter of credit (d) Exam
pursuant to this section shall be set by the board within from a bank, savings and loan association, or other requirement
the month preceding the month of the election of the creditworthy guarantor, or by bond insurance, guaran- sion and usE
governing board members by the electors. teeing payment of principal and interest on the bonds; (5) The:
4. Vacancies on the board shall be filled pursuant or District Her,:
to s 298.12 except as otherwise provided in subpara- (4) The bonds shall be accompanied by an (a) A se
graph (b)6. independent financial advisory opinion stating that esti- districts anc
(5) QUALIFICATIONS.—Elections for governing mates of debt service coverage and probability of debt (b) A sec
board members elected by qualified electors shall be repayment are reasonable. This opinion shall be pro- tory provisic
nonpartisan.Qualifications shall be pursuant to the Flor- vided by an independent financial advisory, consulting, I tion, modif
•
ida Election Code and shall occur during the qualifying or accounting firm registered where professional regis- dures.
period established by s. 99.061. Qualification require- tration is required by law and which is in good standing (c) A s€:
ments shall only apply to those governing board mem- with the state and in conformance with all applicable requirement
ber candidates elected by qualified electors. Following professional standards for such opinions- as providec
the first election pursuant to this section,elections to the History.-5 16.a as 1es. (6) Whe
governing board by qualified electors shall occur at the 189.409 Determination of financial eme c A to special d
next regularly scheduled election closest in time to then y' cies in exis"
9 Y special district shall notify the Governor and Legislative tems.
expiration date of the term of the elected governing Auditing Committee when the health, safety, and wel- (7) The
board member. If the next regularly scheduled election fare of the citizens of the state are affected by the occur- tion• betwee
is beyond the normal expiration time for the term of an rence of one or more of the conditions described in s. information
elected governing board member,the governing board 218.503, or if said condition or conditions will occur if or The
member shall hold office until the election of a succes- action is not taken to assist the special district.The Gov- •
tricts.
sor. ernor may adopt rules to implement the provisions of (9) The:
(6) Those districts established as single-purpose this section. priate in th=
water control districts,and which continue to act as sin- m.wry.-s 17 ch.89-169. this chapte•
gle-purpose water control districts,pursuant to chapter ►way--s •-
298, pursuant to a special act, pursuant to a local gov- 189.412 Special District Information Program;
ernment ordinance, or pursuant to a judicial decree, duties and responsibilities.—The Special District Infor- 189.413
shall be exempt from the provisions of this section. All mation Program of the Department of Community Affairs use.—Any
other independent special districts with governing is hereby created and shall have the following special grams for .
boards elected on a one-acre/one-vote basis shall be duties responsible
subject to the provisions of this section. (1) The collection and maintenance of reports special dis
(7) The provisions of this section shall not apply to required in ss. 189.417 and 189.418. include, bL
community development districts established pursuant (2) Within an appropriate timeframe, the collection (1) Pet
to chapter 190. and maintenance of special district compliance status Special DIE
Nymry.—s 13.th 89-169 reports from the Auditor General, the Department of of Commu-
1318
F.S. 1993 F.S. 1993 SPECIAL DISTRICTS:GENERAL PROVISIONS Ch. 189
alorem assess- Banking and Finance, the Division of Bond Finance of (2) Submitting annually a list of special districts par-
stricts may and the State Board of Administration,the Division of Retire- ticipating in a state funding program to the Special Dms-
the collection of ment of the Department of Management Services, the trict Information Program of the Department of Commu-
in accordance Division of Ad Valorem Tax of the Department of Reve- nity Affairs. This list must indicate the special districts,
•valorem assess- nue, and the Commission on Ethics for the reporting if any,that are not in compliance with state funding pro-
required in ss. 11.45, 112.3144, 112.3145, 112.3148, gram requirements.
112.3149, 112.63, 200.068, 218.32, 218.34, and 218.38 History.—s 19.Ch es-iss.
Brenda.—Where and chapter 121 and from state agencies administering
eneraf law, spe- programs that distribute money to special districts.The 189.415 Special district public facilities report.—
programs accord special district compliance status reports shall consist (1) It is declared to be the policy of this state to fos
ovisions of this of a list of special districts used in that state agency and ter coordination between special districts and local gen
,vet information indicating which special districts did not eral-purpose governments as those local general-
opment dis comply with the reporting statutorily required by that purpose governments develop comprehensive plans
t agency. under the Local Government Comprehensive Planning
(3) The maintenance of a master list of independent and Land Development Regulation Act,pursuant to part
o referendum is and dependent special districts which shall be annually II of chapter 163.
e closing of the updated and distributed to the appropriate officials in (2) Beginning March 1, 1991,each independent spe-
iistrict shall pro- state and local governments. cial district shall submit annually to each local general-
nformation Pro-
(4) The organization and sponsorship of a biennial purpose government in which it is located a public facili-
Affairs that the conference, the first of which must be held prior to ties report. The public facilities report shall specify the
criteria at the March 1, 1990, for the purposes of: following information:
(a) Explaining special district reporting require- (a) A description of existing public facilities owned
of the highest ments prescribed by general law. and operated by the special district. This description
citing service; (b) Describing general statutory provisions that shall include the current capacity of the facility, the cur-
j with a other- affect the majority of special districts in the state. rent demands placed upon it,and its location.This infor-
(c) Conducting training sessions in budget prepara- mation shall be required in the initial report and updated
tion and bond issuance. every5 years
'titter of credit at least 12 months prior to the submission
aeon, of othet (d) Examining all aspects of special district reporting date of the evaluation and appraisal report of the appro-
ranee, other requirements in order to develop more efficient submis- prate local government required by s. 163.3191.At least
aran-
• on the bonds; sion and use of the reports. 12 months prior to the date on which each special dis-
(5) The publishing and updating of a"Florida Special trict's first updated report is due, the department shall
n
anied by an District Handbook- which shall contain, at a minimum: notify each independent district on the official list of spe-
:atinganie that ear (a) A section which specifies definitions of special cial districts compiled by the department pursuant to s.
:ability of debt • districts and status distinctions in the statutes. 189.4035 of the schedule for submission of the evalua-
, of pro- (b) A section or sections which specify current statu- tion and appraisal report by each local government
' shallco beltino- tory provisions for special district creation, implements- within the special district s Jurisdiction.
'ey, onal It s, 4 tion. modification, dissolution, and operating proce- (b) A description of each public facility the district is
9 dures. building,improving,
good standing (c) A section which summarizes the reporting pov or expanding,or is currently the next
all applicable requirements applicable to all types of special districts ing to build,improve, or expand within at least next
as provided in ss. 189 417 and 189.418. 5 years. For each public facility identified, the report
(6) When feasible, securing and maintaining access shad describe how the district currently proposes to
a i
A to special district information collected by all state agen- the facility.
?mef
may. cies in existing or newly created state computer sys- pc) If the
special district currently proposes to
end Legislative tems. replace anyfacilities identified in paragraph (a)or pare-
afety, and wel- (7) The facilitation of coordination and communica- graph(b)within the next 10 years, the date when such
y by the occur-
(7)between state agencies regarding special district facility will be replaced.
described in S. information. (d) The anticipated time the construction, improve-
-is will occur if (8) The conduct of studies relevant to special dis- ment, or expansion of each facility will be completed.
strct.The Gov- tricts. (e) The anticipated capacity of and demands on
provisions of (9) The provision of assistance related to and appro- each public facility when completed. In the case of an
priate in the performance of requirements specified in improvement or expansion of a public facility, both the
this chapter. existing and anticipated capacity must be listed.
tion Program; '� History.-s ,e.cn.e9 +ss.5 15 ch 9-5O2.s n.cn 92-Zre S ss.0 9�-azs. (3) A special district proposing to build, improve,or
expand a public facility which requires a certificate of
District Infor
189.413 Special districts; oversight of state funds need pursuant to chapter 381 shall elect to notify the
-imunity Affairs use.—Any state agency administering funding pro- appropriate local general-purpose government of its
awing special grams for which special districts are eligible shall be plans either in its 5-year plan or at the time the letter of
responsible for oversight of the use of such funds by intent is filed with the Department of Health and Rehabil-
ce of reports special districts. The oversight responsibilities shall itative Services pursuant to 's. 408.039.
include, but not be limited to: (4) Those special districts building, improving, or
the collection • (1) Reporting the existence of the program to the expanding public facilities addressed by a development
ollance status Special District Information Program of the Department order issued to the developer pursuant to s.380.06 may
Department of of Community Affairs. use the most recent annual report required by s.
• 1319
Ch. 189 SPECIAL DISTRICTS: GENERAL PROVISIONS F.S. 1993 F.S. 1993
380.06(15)and(18)and submitted by the developer, to (3) The provisions of this section shall not apply to county is publisr
the extent the annual report provides the information water management districts created pursuant to s. ther the legtslat
required by subsection (2). 373.069 or to regional water supply authorities created be one of generr.
(5) For each special district created after March 1, pursuant to s 373.1962. nity and not onf-
1990, the facilities report shall be prepared and submit- (4) Nothing in this section shall create or alter the chapter 50
ted within 1 year after the district's creation. respective rights of local governments or special dis- (2) All meets
(6) For purposes of the preparation or revision of tricts to provide public facilities or services to a particu- district shall be c
local government comprehensive plans required pursu- lar geographic area or location, nor shall this section provisions of ch
ant to s. 163.3161, a special district public facilities alter or affect the police powers of any local government (3) Meetings
report may be used and relied upon by the local gener- or the authority or requirements under chapter 163. district shall be r
N
al-purpose government or governments within which .Iprr,_S 21,c„ 8s-188 within the distric•
the special district is located.
(7) Any special district that has completed the con- 189.4156 Water management district technical which the district
struction of its public facilities,improvements to its facili- assistance; localgovernment comprehensiveplan- • accessible to th<
ties,or its development P ►sseorr--s 1c or
is not required to submit a public Wing.—Water management districts shall assist local i Nob•—Former s 1e9
facilities report, but must submit the information governments in the development of local government
required by paragraph (2Xa). comprehensive plan elements related to water resource 189.418 Rep(
(8) A special district plan of reclamation required issues as required by s. 373-0391. (1) At least 9i
pursuant to general law or special act,including,but not Mis+on.—s 22 ch 89-119 independent sp,
limited to, a plan prepared pursuant to chapter 298 other entity autr
which complies with the requirements of subsection(2), 189.416 Designation of registered office and provide the depa
shall satisfy the requirement for a public facilities report. agent.— which the distric
A water management and control plan adopted pursu- (1) Prior to October 1, 1979, or no later than 1 year after the receic-
ant to s 190.013, which complies with the requirements subsequent to its creation, each special district in the implementation
of subsection (2), satisfies the requirement for a public state shall designate a registered office and a registered department sha
facilities report for the facilities the plan addresses. agent and file such information with the local governing of the district as
(9) The Reedy Creek Improvement District is not authority or authorities and with the department. The notify the party •
required to provide the public facilities report as speci- registered agent shall be an agent of the district upon status
Pied in subsection (2). whom any process, notice, or demand required or per- (2) Subsequt
(10) Each deepwater port listed in s. 403.021(9)(b) mitted by law to be served upon the district may be any amendment
shall satisfy the requirements of subsection (2) by sub- served. A registered agent shall be an individual resi- ment by which
mitting to the appropriate local government a compre- dent of this state whose business address is identical filed with the de:
hensive master plan as required by s. 163.3178(2)(k).All with the registered office of the district The registered tion by the distr'
other ports shall submit a public facilities report as office may be, but need not be, the same as the place (3) Each yea
required in subsection (2). of business of the special district. shall file with tr
► .--Su tt `h �,e (2) The district maychange its registered office or ; authority or autr
'Nab.—Subsutcted by the editors for a reference to s.381.709 to conform to the g g
transter of a 381 709 to s.408.039 by s 15,ch 92-33 change its registered agent, or both, upon filing such district is locatec
information with the local governing authority or authori- (a) The local
189.4155 Activities of special districts; local gov- ties and with the department. by ss. 218.32 an
emment comprehensive planning.— FMIorry.—s 10,or 79-163 s. 15.at.81-167:s.23 oh e9-169 coin I(b) A pe
(1) Construction or expansion of a public facility, or No1..—Formers 189004 as provided in s
major alteration which affects the quantity or quality of
the level of service of a public facility, which is 189.417 Meetings; notice; required reports.— (c) A map of
undertaken or initiated by a special district shall be (1) The governing body of each special district shall (4) Each spe
consistent with the applicable local government corn- file annually a schedule of its regular meetings with the annual independr
prehensive plan adopted pursuant to part II of chapter local governing authority or authorities. The schedule Provided in s. 11
163; provided. however, the local government compre shall include the date, time,and location of each sched- with the local go
hensive plan shall not: uled meeting. The governing body of an independent (5) All reports
(a) Require an independent special district to con- special district shall advertise the day, time, place, and a local governin
struct,expand,or perform a major alteration of any pub purpose of any meeting other than a regular meeting or 189.417, 218.32.
lic facility; or any recessed and reconvened meeting of the governing (a) When the
(b) Require any special district to construct,expand, body,at least 7 days prior to such meeting,in a newspa be filed with the
or perform a major alteration of any public facility which per of general paid circulation in the county or counties Sinners.
would result in an impairment of covenants and agree- in which the special district is located.unless a bona fide (b) When the
merits relating to bonds validated or issued by the spe- emergency situation exists, in which case a meeting to with the cleric of 1
cal district. deal with the emergency may be held as necessary,with (c) When the
(2) When a local government has issued a develop- reasonable notice, so long as it is subsequently ratified t Pality, be filed at
ment order which approves the construction of public by the board. No approval of the annual budget shall be governing body.
facilities or has issued a development orderpursuant togranted at an emergency meeting. The advertisementMilitDDr•—s '0 `r, 79
P 9 YNob.—Former s 189
chapter 380, the local government shall not use the shall be placed in that portion of the newspaper where
requirements of this section to limit or modify the right legal notices and classified advertisements appear. It is 189.419 Effec
of an independent special district to construct, modify, the legislative intent that,whenever possible, the adver- (1) If a specia
operate, or maintain public facilities authorized by the tisement shall appear in a newspaper that is published under s. 11 45, •
development order. at least 5 days a week,unless the only newspaper in the 189.418, s. 218.3.
1320
•YeY'! .Sint ,R•,.:;" .aV• p�- °*'.':' -i..1 i",
x'S 'iirG' •
�
F.S. 1993 F.S. 1993 SPECIAL DISTRICTS: GENERAL PROVISIONS Ch. 189
•all not apply to county is published fewer than 5 days a week. It is fur- outstanding bonds as provided in s. 218.38(1)with the
Pursuant to s. • ther the legislative intent that the newspaper selected local governing authority, the person authorized to
norities created be one of general interest and readership in the commu- receive and read the reports shall notify the district's
nity and not one of limited subject matter, pursuant to registered agent and the appropriate local governing
ate or alter the I chapter 50. authority or authorities. At any time, the governing
or special dis- (2) All meetings of the governing body of the special authority may grant an extension of time for filing the
es to a particu- • district shall be open to the public and governed by the required reports,except that no extension shall exceed
311 this section provisions of chapter 286. 30 days.
:al government (3) Meetings of the governing body of the special (2) If at any time the local governing authority or
napter 163. district shall be held in a public building when available authorities or the board of county commissioners deter-
, within the district,in a county courthouse of a county in mines that there has been an unjustified failure to file the
trict technical which the district is located,or in a building in the county reports described in subsection (1), it may petition the
accessible to the public. department to initiate proceedings against the special
ahenslw plan- History.—s 10.ch 79-183;f.78.ch.81-259:s.24.ch.89-169 district in the manner provided in s. 189.421.
all assist local Nob•—Former s 183.005.
(3) If a special district fails to file the reports required
water resource
189.418 Reports;audits.— under S. 11.45,s.218.32,s.218.34,or s.218.38 with the
resource (1) At least 90 days prior to the implementation of an appropriate state agency, the agency may request the
independent special district, the local government or department to initiate proceedings against the special
other entity authorized to implement the district may district in the manner provided in s. 189.421.
ad office and provide the department with a copy of the document by 14story. s
e0
sc1 0
7 s 26,ch 89-169
which the district will be implemented. Within 60 days
ter than 1 year after the receipt of the document that proposes the 189.421 Failure of district to disclose financial
district in the implementation of the independent special district, the reports.—
,d a registered department shall make a determination as to the status (1) The department shall investigate all petitions
cal governing of the district as dependent or independent and shall filed pursuant to s. 189.419 and determine whether or
-cartment. The notify the party that requested the determination of its not the district board has made a good faith effort to file
a district upon status. the required reports.
squired or per- (2) Subsequent to the implementation of a district, (2) If the department determines that a good faith
strict may be any amendment, modification, or update of the docu- effort has been made,it shall grant a reasonable exten-
'idividual resi- ment by which the district was implemented must be sion of time for filing the required reports with the appro-
=ss is identical filed with the department within 30 days after its adop- prate bodies and notify the special district of the grant-
The registered tion by the district board. ing of the extension.
as the place (3) Each year, each independent special district (3) If the department determines that a good faith
shall file with the local general-purpose governing effort has not been made to file the report or that a rea-
•iaed office or authority or authorities in the jurisdiction of which the sonable time has passed and the reports have not been.
• :n filing such district is located a copy of: forthcoming, it may file a petition for hearing, pursuart
-•ty or authori- (a) The local government financial reports required to s. 120.57. on the question of the inactivity of the dis-
by ss. 218.32 and 218.34: trict. The proceedings and hearings required by ss.
...69 (b) A complete description of all outstanding bonds 189.416-189.422 shall be conducted by a hearing officer
as provided in s. 218.38(1); and assigned by the Division of Administrative Hearings of
reports.— (c) A map of the district. the Department of Management Services and shall be
al district shall (4) Each special district shall make provisions for an governed by the provisions of the Administrative Proce-
etings with the annual independent postaudit of its financial records as dure Act. Such hearing shall be held in the county :n
The schedule provided in s. 11.45. A copy of the audit shall be filed which the district is located, pursuant to all the apolica-
Tf each sched- with the local governing authority or authorities. ble provisions of chapter 120.Notice of the hearing snail
n independent (5) All reports or information required to be filed with be served on the district's registered agent and pub-
-he, place,and a local governing authority under ss. 11.45, 189.416, fished at least once a week for 2 successive weeks prior
.'ar meeting or 189.417, 218.32, and 218.34 and this section shall: to the hearing in a newspaper of general circulation in
• the governing (a) When the local governing authority is a county, the area affected.The notice shall state the time. place,
g.in a newspa- be filed with the clerk of the board of county commis- and nature of the hearing and that all interested parties
-'ty or counties sioners. may appear and be heard.Within 30 days of the hearing.
ass a bona fide (b) When the district is a multicounty district,be filed the hearing officer shall file his report with the depart-
-e a meeting to with the clerk of the county commission in each county. ment in the manner provided in chapter 120.
-•ecessary,with (c) When the local governing authority is a munici- Nlstory.-s 10.cr, 79-183;s.79.ch 81-259.s.27.ch.89-183:s 80.cr 32-2'9.
auently ratified
pality,be filed at the place designated by the municipal s 55c For32 r s ,890oe.
:Judget shall be governing body.
History.—s 10.ch 79-183:s. 16.ch 81-167;s.25,ch.89-168 189.422 Action of the department.—
vspaper where advertisement Noe•.—Fpmer s 189.00s. (1) If the department determines,after receipt of the
'ts appear.It is 189.419 Effect of failure to file certain reports.— report from the hearing examiner, that there is an mnac-
• ble,the adver- (1) If a special district fails to file the reports required tive district under the criteria established in s. 189.4044,
at is published under s. 11.45, s. 189.415, s. 189.416, s. 189.417, s. it shall file such determination with the Secretary of
wspaper in the 189.418, s. 218.32, or s. 218.34 and a description of all State pursuant to s. 189.4044.
1321
Ch. 189 SPECIAL DISTRICTS:GENERAL PROVISIONS F.S. 1993 F.S. 1993
(2) If the department determines that the failure to The special district shall prepare a statement showing
file the reports is a result of the volitional refusal of the that the purchase or sale is in the public interest,includ-
members of the governing body of the district, it shall ing a summary of the purchaser's experience in water,
seek an injunction or writ of mandamus to compel pro- sewer,or wastewater reuse utility operation and a show-
190.001
duction of the reports in the circuit court. ing of financial ability to provide the service,whether the 190 002
History.-s 10.ch 79-183 s 28 ch 89-169 purchaser is the special district or the entity purchasing
Note.-Former s 189009 the utility from the special district.The provisions of this 190.003
section shall not apply to community development dis- 190.004
189.423 Purchase or sale of water, sewer, or 190.005
icts estaa c
wastewater reuse utility by special district.-No tricts
�blished.cn e4 pus
29 dont to 139 189 sh, cnapter 190 93 s, . 190.006
dependent or independent special district may pur- Noes.-Former s 18930
chase or sell a water, sewer, or wastewater reuse utility 190.007
that provides service to the public for compensation, 189.425 Rulemaking authority.-Effective July 1, 190.008
until the governing body of the district has held a public 1989, the Department of Community Affairs shall adopt 190 009
hearing on the purchase or sale and made a determina- rules to implement the provisions of this chapter. 190.011
tion that the purchase or sale is in the public interest.In Nt' '-s `h 89-169 190.012
determining if the purchase or sale is in the public inter- 1189.427 Fee schedule;Special District Administra-
est, the district shall consider,at a minimum, the follow- tive Trust Fund.-Effective July 1, 1989, the Depart- 190.0125
ing: ment of Community Affairs, by rule, shall establish a
(1) The most recent available income and expense schedule of fees to pay one-half of the costs incurred 190.013
statement for the utility; by the department for the work related to administration 190.014
(2) The most recent available balance sheet for the of this act, except that in no event shall the fee exceed 190 015
utility, listing assets and liabilities and clearly showing $175 per district per year. The fees collected pursuant 190016
the amount of contributions-in-aid-of-construction and to this section shall be deposited in the Special District 190.017
the accumulated depreciation thereon: Administrative Trust Fund,which is hereby created and 190 021
190.022
(3) A statement of the existing rate base of the utility which shall be administered by the Department of Corn- 190.023
for regulatory purposes; munity Affairs. Any fee rule shall consider factors such
(4) The physical condition of the utility facilities as the dependent and independent status of the district
being purchased or sold; and district revenues for the most recent fiscal year as 190.024
(5) The reasonableness of the purchase or sales reported to the Department of Banking and Finance.For 190.025
price and terms; fiscal year 1990-1991 and thereafter, it is the intent of
(6) The impacts of the purchase or sale on utility the Legislature that general revenue funds will be made
customers, both positive and negative: available to the department to pay one-half of the cost 190 026
(7) Any additional investment required and the abil- of administering this act. 190 031
ity and willingness of the purchaser to make that invest- •-s 64 cr 89-159 s 41.cn 93-120
,History.
-Section 41.ch 93-120.amended s 189 se' effective July 1.1994 to
ment,whether the purchaser is the special district or the read 190.033
entity purchasing the utility from the special district: 169.E Fed schedule;Operating Trust Fund.-E`lectrve July 1, 1989 the
Department of community A"arrs by rule,shall establish a schedule of tees to pay 190.035
(8) The alternatives to the purchase or sale and the one-halt of the costs incurred by the department for the work related to admenstra
potential impact on utility customers if the purchase or tandIMs act.e`cep'that r, edevent shahtheleeexceedEt75perdistrictperyear
The tees collected pursuant to this section chap be deposited rn the Operating Trust
sale is not made; and Fund established pursuant tc s 290 034.wtuch Shai be administered by the Depart 190.036
(9) The ability of the purchaser to provide and main- inert of cwrt"u"A"airs Any fee rule shaft conside•factors such as the depen
dent and erdependent status of the dismal and district revenues fed thu most recent 190.037
tain high-quality and cost-effective utility service, fiscal year as reported tc the Department of Banking and Finance.For fiscal year 190.041
whether the purchaser is the special district or the entity funds wa be ma availablett thetwe mtent of aapar went to pa grx a halt ot thgeeneralotreadvemnutne
190.043
purchasing the utility from the special district. istenng this act. 190.044
190.046
190.047
190.048
190.049
190.001
'Uniform
190.002
(1) The
(a) The
cedures ir
for the est
independe
munity de'.
1322
1
INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
Ch. 163 t
velopme
t in
such agreement shall be modified or revoked as is nec- 163.450 Municipal ood development nty 'cipation in programs under1 such taxnbasec:
h-
essary to comply with the relevant state or federal laws. Pub. L. No. 90-448. affected tarn,
,,,.,,�,,.—s �o.� errtet accomplish the
163.3243 Enforcement.—Any party, any aggrieved 163.330 Short title.—This part shall be known and the mplish at,
Act
adversely affected person as defined in S. may be cited as the'Community Redevelopmentct of such areas t
levying taxe
b.
163.3215(2), or the state land planning agency may file 1969• the appropnat
an action for injunctive relief in the circuit court where w.mn.-s t cn 89-305 bears a of taxe
the local government is located to enforce the terms of 163 335 Findings and declarations of necessity.— ing authorities
ao development agreement or to challenge . 163.compliance0- (1) It is hereby found and declared that there exist ing author This
of the agreement with the provisions of ss 163.3220- in counties and municipalities of the state slum and con where the
163.3243. blighted areas which constitute a serious and growing dated bonds
History.—s 3t.c B6-t9t
menace, injurious to the public health, safety, morals, (5) It is ft/
and welfare of the residents of the state: that the exist- K' in counties a
PART III ence of such areas contributes substantially and age of tes
COMMUNITY REDEVELOPMENT increasingly to the spread of disease and cnme,consti- ate income.tutes an economic and social liability imposing onerous .k such condit.�
163.330 Short title. burdens which decrease the tax base and reduce tax the residents
163.335 Findings and declarations of necessity. revenues,substantially impairs or arrests sound growth, retards their
163.340 Definitions. retards the provision of housing accommodations,163.345 Encouragement of private enterprise. aggravates traffic problems, and substantially hampers ment; and the 163.346 Notice to taxing authorities. the elimination of traffic hazards and the improvement 4 condition is
cern and is •
163.350 Workable program.
of traffic facilities: and that the prevention and elimina- if•163 353 Power of taxing authority to tax or appropriate lion of slums and blight is a matter of state policy and teaar._s 163.-s
funds to a redevelopment trust fund in state concern in order that the state and its counties and .
ever used c•
order to preserve and enhance the tax base areas municipalities
a h are shall
ocal centers ofd cease prom to be ote veered y ` meanings
of the authority. (1) 'Age
163.355 Finding of necessity by county or municipal- of itsile erlevenuesybecause^of the extra servicesrequired means a put-
;fy. hospitalization, � ant to, s. t6:
163 356 Creation of community redevelopment for polpubice,
c protection,accident,
d and other forms t t 'Put
agency. 2) It is further found and declared that certain slum state or art
163 357 Governing body as the community redevelop or(blighted areas,or portions thereof,may require acqui- tact as def--
merit agency. the state, e
163 358 Exercise of powers in carrying out community lions,asea ante, and disposition part, ice the prep use restric-ondi • (3) •Go.-
redevelopment and related activities. .- islate boc
163 360 Community redevelopment plans tion of decay may make impracticable the reclamation murncipalit.
163.361 Modification of community redevelopment areas or portions thereof may,the area by conservation through tthe meanion; that s pro-
(4) 'Maj,
plans. a county, t�
163 362 Contents of community redevelopment plan vided in tnis part,be susceptible of conservation or reha- . s
163 365 Neighborhood and communitywide plans. bilitation in such a manner that the conditions and evils edied,or prevented; law sionersto act a
163.367 Public officials, commissioners, and employ- eandnthattsal age salvageable eliminated,
andr blighted areas can be county.
ees subject to code of ethics. (5) •Cfe-
163 370 Powers: counties and municipalities;commu- conserved
vedhe d rehabilitated
through hecooperationappropriate and public county or e
-
ally redevelopment agencies records of
163.375 Eminent domain. eatery action of the owners and tenants of property in (6) 'Fe.
163.380 Disposal of property in community redevelop- such arleas t is further found and declared that the powers or any age-
163
ment area. conferred by this part are for public uses and purposes of the Un
.387 Redevelopmentedve of revenue bonds. for which public money may be expended and the (7) •S:.-
163.390 aslegal
trust meatfund. power of eminent domain and police power exercised, predomina-
163 395 Bonds as legal investments. ublic interest
163 395 Property exempt from taxes and from levy and and he in enacted is herebydec a ed as aformatter the pof egi a- dation,de*,
sale
by virtue of an execution. live determination. • Provision r
163.405 Cooperation opurchaser public bodies (4) It is further found and declared that the preserve- spaces; h
163.410 ExerciseTle of opow
163.410 artof powers in counties with home rule authorey realizes etax revenues is e essentialto hits tex taxing
t-- the
by fi'e
charters.
163.415 Exercise of powers in counties without home enhancement nce and financial
(such health;
tlax base is implicit n ion the purr factors is
- ease,nfa-
•
rule charters. a that is detnrne-
163.430 Powersdeto supplemental ptal to existing community taxtases increment tor tf nano gas an effectivemethods of achiev • fare.
redevelopment powers (8) 'B -
163.445 Assistance to community redevelopment by ing such preservation and enhancement in areas in (a)
•
state agencies. which such tax base is declining, that community reds
1176
F.S. 1093 • '• F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
ion in neigh- '• ' velopment in such areas, when complete, will enhance of slum, deteriorated, or deteriorating structures and
;rams under E• such tax base and provide increased tax revenues to all conditions which endanger life or property by fire or
-' affected taxing authorities, increasing their ability to other causes or one or more of the following factors
f'
e known and a. accomplish their other respective purposes; and that which substantially impairs or arrests the sound growth
the preservation and enhancement of the tax base in of a county or municipality and is a menace to the public
•pment Act of such areas through tax increment financing and the health,safety, morals, or welfare in its present condition
levying of taxes by such taxing authorities therefor and and use:
the appropriation of funds to a redevelopment trust fund 1. Predominance of defective or inadequate street
necessity.— .- bears a substantial relation to the purposes of such tax- layout;
at there exist ing authorities and is for their respective purposes and 2. Faulty lot layout in relation to size, adequacy,
ate slum and • concerns.This subsection does not apply in any jurisdic- accessibility, or usefulness;
and rowing
lion where the community redevelopment agency vali- 3. Unsanitary or unsafe conditions;
g "� dated bonds as of April 30, 1984. 4. Deterioration of site or other improvements;
3fety, morals, 5. Tax or special assessment delinquency exceed-
that the exists (5) It is further found and declared that there exists P� q �Y
tantially and in counties and municipalities of the state a severe short- ing the fair value of the land; and
age of housing affordable to residents of low or moder- 6. Diversity of ownership or defective or unusual
crime,const9 conditions of title whichprevent the free alienabilityof
over ate income, including the elderly; that the existence of
)sing `''• such condition affects the health, safety,and welfare of land within the deteriorated or hazardous area; or
id reduce tax -, • - (b) An area in which there exists faulty or inadequate
ound gr the residents of such counties and municipalities and
t retards their growth and economic and social develop- street layout;inadequate parking facilities;or roadways,
•mmodatiortsr bridges, or public transportation facilities incapable of
tially hampert ment; and that the elimination or improvement of such handling the volume of traffic flow into or through the
condition is a proper matter of state policy and state con-
improvement f.' Cern and is for a valid and desirable public purpose. area, either at present or following proposed construc-
1 and elflion.
History.—s 2,cn 69-3:5 ss i.22.cr 64-356
ate policy • • ,• .' -
counties . • 163.340 Definitions.—The following terms, wher- However, for purposes of qualifying for the tax credits
-dangered t>& ever used or referred to in this part, have the following authorized in chapter 220,'blighted area'means an area
•'•:• described inparagraph a
promote juve, • meanings: ( )
:we proportion �``j' (9) "Community redevelopment' or'redevelopment'
P portion •..-i (1) Agency"or"community redevelopment agency
'ices requir . means a public agency created by,or designated pursu- means undertakings, activities, or projects of a county,
` •..� municipality, or communityredevelopment agency in a
rid other f ant to, s. 163.356 or s. 163 357 p y
a`'•'' community redevelopment area for the elimination and
es ` -' (2) "Public body' or 'taxing authority' means the prevention of the development or spread of slums and
at certain slur ,,,, state or any county, municipality, authority, special dis- blight or for the provision of affordable housing,whether
require acquit ,: . tact as defined in s. 165.031(5), or other public body of for rent or for sale, to residents of low or moderate
to use restno. ',; ,_ the state, except a school district. income, including the elderly, and may include slum
evailing con* - (3) "Governing body'means the council or other leg-
-.e reciamat ..?.1?'':::- - clearance and redevelopment in a communityredevel-
r'• " islative body charged with governing the county or opment area or rehabilitation or conservation in a corn-
'ion; that ott •y municipality.
qi, i, munity redevelopment area, or any combination or part
ne means pro•':: 4, (4) 'Mayor"means the mayor of a municipality or,for thereof,in accordance with a community redevelopment
'vation or r- ,t. • `;' , a county, the chairman of the board of county commis- plan and may include the preparation of such a plan.
Mons and = . sioners or such other officer as may be constituted by (10) 'Community redevelopment area'means a slum
1,or prevent 7 • law to act as the executive head of such municipality or area,a blighted area,or an area in which there is a short-
: areas can • • county. age of housing that is affordable to residents of low or
xopriate • • (5) 'Clerk" means the clerk or other official of the
combina-
eration and •1, -
moderate income, including the elderly, or a
county or municipality who is the custodian of the official tion thereof which the governing body designates as
of property • . records of such county or municipality. appropriate for community redevelopment.
hat the •• (6) 'Federal Government"includes the United States (11) 'Community redevelopment plan' means a plan,
or any agency or instrumentality,corporate or otherwise, as it exists from time to time,for a community redevelop-
s and pur•• • of the United States. ment area.
"nded and • • (7) 'Slum area' means an area in which there is a (12) "Related activities' means:
,wer exerci •
predominance of buildings or improvements, whether (a) Planning work for the preparation of a general
r the prove •_ residential or nonresidential, which by reason of dilapi- neighborhood redevelopment plan or for the preparation
natter of I.• Io ` dation, deterioration, age, or obsolescence; inadequate or completion of a communitywide plan or program pur-
provision for ventilation, light, air, sanitation, or open suant to s. 163.365; and
at the pre - •• spaces; high density of population and overcrowding; (b) The functions related to the acquisition and dis-
1 which a t: • ,. the existence of conditions which endanger life or prop- posal of real property pursuant to s. 163.370(3).
-•tial to its a erty by fire or other causes; or any combination of such (13) 'Real property' means all lands, including
-eservation factors is conducive to ill health, transmission of dis- improvements and fixtures thereon,and property of any
licit in the •• •
ease,infant mortality,juvenile delinquency,or crime and nature appurtenant thereto or used in connection there-
-stablished; ' is detrimental to the public health,safety,morals,or wel- with and every estate, interest, right, and use, legal or
ethod of a► ',7- fare. equitable, therein, including but not limited to terms for
ant in areas (8) 'Blighted area' means either: years and liens by way of judgment,mortgage,or other
jmmunity - - (a) An area in which there are a substantial number wise.
1177
0-
Ch. 183 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
(14) 'Bonds' means any bonds (including refunding ordinance required under s. 163.355, s. 163.356, s. morals, or WE
bonds), notes, interim certificates,certificates of indebt- 163.357,or s. 163.387; creates a community redevelop- municipality.
edness, debentures, or other obligations. ment agency; approves, adopts, or amends a commu- rasory-` e
(15) 'Obligee' means and includes any bondholder, nity redevelopment plan;or issues redevelopment reve- 163.356 C
agents or trustees for any bondholders,or lessor demis- nue bonds under s. 163.385, the governing body must agency.—
ing to the county or municipality property used in con- provide public notice of such proposed action pursuant (1) Uoon
nection with community redevelopment, or any to s. 125.66(2) and (4) or s. 166.041(3)and, at least 15 163.355, and
assignee or assignees of such lessor's interest or any days before such proposed action, mail by registered for a corn-nu'
part thereof, and the Federal Government when it is a mail a notice to each taxing authority which levies ad the county or
party to any contract with the county or municipality. valorem taxes on taxable real property contained within •
(16) 'Person'means any individual, firm, partnership, geographic op municiredeve opine•
the boundaries of the redevelopment area. municipaiirty rr
corporation, company, association, joint stock associa- roaory.-s 8.ob.e.4-356.s 2.on 33-286 tic to be kno.
tion, or body politic and includes any trustee, receiver, cy.' Each suc
assignee,or other person acting in a similar representa- 163.350 Workable program.—Any county or munici- instrumenialjt
five capacity. pality for the purposes of this part may formulate for the
velo(17) 'Area of operation'means,for a county,the area county or municipality a workable program for utilizing shall b er>~ ag
within the boundaries of the county,and for a municipal- appropriate private and public resources to eliminate shall be l ut
ity, the area within the corporate limits of the municipal- and prevent the development or spread of slums and essential put
ity. urban blight, to encourage needed community rehabili- s ment agency
within the cc
(18) 'Housing authority" means a housing authority tation, to provide for the redevelopment of slum and
created by and established pursuant to chapter 421. blighted areas, to provide housing affordable to resi- :ic and wher the
resolution cc
(19) 'Board"or'commission'means a board,commis- dents of low or moderate income. including the elderly, ., plan propose
sion, department, division, office, body or other unit of or to undertake such of the aforesaid activities or other (2) 1h`-e-
the county or municipality feasible county or municipal act .•ties as may be suit-
declaring .'•
(20) 'PuPic officer" means any officer who is in ably employed to achieve the objectives of s.;c work- agency, Mat
charge of any department or branch of the government able program.Such workable program may include pro-
1, of commas
of the county or municipality relating to health,fire,build- vision for the prevention of the spread of blight into v agency, whr
ing regulations, or other activities concerning dwellings areas of the county or municipality which are free from more than se
in the county or municipality. blight through diligent enforcement of housing zoning,
,� the omres
(21) 'Debt service millage" means any millage levied and occupancy controls and standards; the rehabilita- of thh rr+e emt
pursuant to s. 12, Art. VII of the State Constitution. tion or conservation of slum and blighted areas or por- serve ter-is
(22) 'Increment revenue" means the amount calcu- tions thereof by replanning, removing congestion, pro- date of the•
lated pursuant to s. 163.387(1). viding parks, playgrounds, and other public Improve
:r 63-305.s 1.rn n- be designate
History.—s 3 39, s t 24 9. 44 s . 1 ss r u merits, encouraging voluntary rehabilitation, and corn-
; of their a.,.
22.cn 84-356 s 93 cn 85-1e0 s 72.dt.87-243 s 33 ch.9,-45.s • or n�
zefi pelling the repair and rehabilitation of deteriorated or term shaaf DE
deteriorating structures; and the clearance and redevel- • (3xa) A ;
163.345 Encouragement of private enterprise.— opment of slum and blighted areas or portions thereof. tion for his
(1) Any county or municipality,to the greatest extent IMwry.—s s,en 59-305 5 3 94-356
it determines to be feasible in carrying out the provisions expenses r
part, shall afford maximum
of this opportunity, consist- 163.353 Power of taxing authority to tax or appro- charge of his
ent with the sound needs of the county or municipality priate funds to a redevelopment trust fund in order to until his s:;c
as a whole, to the rehabilitation or redevelopment of the preserve and enhance the tax base of the authority.— tied. A certif
community redevelopment area by private enterprise. Notwithstanding any other provision of genera or spe- of any commAny county or municipality shall give consideration to cm' law, the purposes for which a taxing authority may county or rr
this objective in exercising its powers under this part, levy taxes or appropriate funds to a redevelopment trust evidence o`
includingthe formulation of a workable fund include the preservation and enhancement of the commission program; the
approval of community redevelopment plans, communi- tax base of such taxing authority and the furtrering of (b) The
tywide plans or programs for community redevelop- the purposes of such taxing authority as provided by agency sha
ment, and general neighborhood redevelopment plans law _
thereof. A rr
•
(consistent with the general plan of the county or munici- )4.to y-s 21.`" 84-356 quorum for
exercising tr
pality); the exercise of its zoning powers; the enforce- 183.355 Finding of necessity by county or munici- purposes A.
ment of other laws,codes,and regulations relating to the pality.—No county or municipality shall exercise the - vote of a ma
use of land and the use and occupancy of buildings and authority conferred by this part until after the governing in any case t•
improvements; the disposition of any property acquired; body has adopted a resolution finding that: son may be
and the provision of necessary public improvements.
(2) In giving consideration to the objectives outlined (1) One or more slum or blighted areas, or one or is engaged
more areas in which there is
n subsection (1), the county or municipality shall con- a shortage of housing ness,practic
•
sider making available the incentives provided under the affordable to residents of low or moderate income, compensaUc
Florida Enterprise Zone Act of 1982. including the elderly, exist in such county or municipal- corporation
Mbsory.-s 4.cr 63-305.s 4.rn 83-231 ity; and, the area of o:
(2) The rehabilitation, conservation, or redevelop- urinous w th
163.346 Notice to taxing authorities.—Before the ment, or a combination thereof, of such area or areas is ipality, and
governing body adopts any resolution or enacts any necessary in the interest of the public health, safety. under tries p
1178
F.S. 1993 '.` F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
s. 163.356, s. 1p morals, or welfare of the residents of such county or (c) The governing body of the county or municipality
--Ay redevelop- municipality. shall designate a chairman and vice chairman from
rids a commu-
6 rn 69-3:6.s 4.di8{-356 among the commissioners. An agency may employ an
elopment reve- 183.358 Creation of community redevelopment executive director, technical experts, and such other
-,rig body must agents and employees, permanent and temporary, as it
." agency.— requires, and determine their qualifications, duties, and
action pursuant (1) Upon a finding of necessity as set forth in s.
:nd, at least 15 163.355, and upon a further finding that there is a need compensation. For such legal service as it requires, an
by registered 1 for a community redevelopment agency to function in agency may employ or retain its own counsel and legal
staff. An agency authorized to transact business and
vhich levies ad the county or municipality to carry out the community powers under this part shall file with the gov
g jntained within 'fi redevelopment purposes of this part, any county or exerciseerning body and with the Auditor General, on or before
elopment area. municipality may create a public body corporate and pol March 31 of each year, a report of its activities for the
tic to be known as a"community redevelopment agen- preceding fiscal year, which report shall include a com-
lunty or munici ' cy.' Each such agency shall be constituted as a public plete financial statement setting forth its assets, liabili-
instrumentality, and the exercise by a community rede ties, income, and operating expenses as of the end of
�rmulate for the ' velopment agency of the powers conferred by this part p g
am for utilizing shall be deemed and held to be the performance of an such fiscal year. At the time of filing the report, the
es to eliminate agency shall publish in a newspaper of general circula-
3 of slums and essential public function. The community redevelop tion in the community a notice to the effect that such
merit agency of a county has the power to function report has been filed with the countyor municipality and
munity rehabili- p y
nt of slum and
. - within the corporate limits of a municipality only as, if, that the report is available for inspection during business
)rdable to resi ° and when the governing body of the municipality has by hours in the office of the clerk of the city or county coin
resolution concurred in the community redevelopment mission and in the office of the agency.
ling the elderly, plan proposed by the governing body of the county.
:tivities or other (2) When the govern rig body adopts a resolution (d) At any time after the creation of a community
as may be suit
declaring the need for a community redevelopment redevelopment agency, the governing body of the
or municipality may appropriate to the agency
s of such work- agency, that body shall, by ordinance. appoint a board
ay include pro-
1 of commissioners of the community redevelopment such amounts as the governing body deems necessary
i of blight into t agency, which shall consist of not fewer than five or for the administrative expenses and overhead of the
:h are free from more than seven commissioners. The terms of office of agency.
ousing zoning, (4) The governing body may remove a commissioner
the commissionersrs shall appointed be for 4 years,shall be except that et
NJ areas or por- serve terms of 1, 2, and 3 years, respectively, from the for inefficiency, neglect of duty, or misconduct in office
:. the rehabilita the membe fi rst designated only after a hearing and only if he has been given a copy
of
:ongesthon, pro- date of their appointments, and all other members shall of the charges at least 10 days prior to such hearing and
public improve- to has had an opportunity to be heard in person or by coun-
p be designated serve for terms of 4 years from the date sel.
3Uon, and Coin of their appointments. A vacancy occurring during a History.—s 2 cn r-39- s 1 cn aa-r• s 6 cn 94-356
deteriorated or term shall be filled for the unexpired term.
'ce and redevel- (3Xa) A commissioner shall receive no compensa- 163.357 Governing body as the community rede-
)ortions thereof. i tion for his services, but is entitled to the necessary velopment agency.—
( expenses,including travel expenses,incurred in the dis- (1)(a) As an alternative to the appointment of not
to tax or appro- i charge of his duties.Each commissioner shall hold office fewer than five or more than seven members of the
fund in order to until his successor has been appointed and has quali- agency, the governing body may, at the time of the
the authority.— i
fled. A certificate of the appointment or reappointment adoption of a resolution under s 163.355,or at any time
general or spe of any commissioner shall be filed with the clerk of the thereafter by adoption of a resolution, declare itself to
g authority may county or municipality,and such certificate is conclusive be an agency, in which case all the rights, powers,
welopment trust 1 evidence of the due and proper appointment of such duties, privileges,and immunities vested by this part in
ancement of the commissioner. an agency will be vested in the governing body of the
the furthering of i (b) The powers of a community redevelopment county or municipality,subject to all responsibilities and
as provided by agency shall be exercised by the commissioners liabilities imposed or incurred.
Ithereof. A majority of the commissioners constitutes a (b) The members of the governing body shall be the
j quorum for the purpose of conducting business and members of the agency, but such members constitute
exercising the powers of the agency and for all other the head of a legal entity, separate, distinct, and
ounty or mined- purposes. Action may be taken by the agency upon a independent from the governing body of the county or
all exercise the f vote of a majority of the commissioners present, unless municipality. If the governing body declares itself to be
!er the governing in any case the bylaws require a larger number.Any per- an agency which already exists,the new agency is sub-
that: I son may be appointed as commissioner if he resides or ject to all of the responsibilities and liabilities imposed
areas, or one or is engaged in business, which means owning a busi- or incurred by the existing agency.
tage of housing ness,practicing a profession,or performing a service for (c) A governing body which consists of five mem-
Aderate income, compensation, or serving as an officer or director of a bers may appoint two additional persons to act as mem-
.nty or municipal- 1 corporation or other business entity so engaged, within bers of the community redevelopment agency. The
# the area of operation of the agency,which shall be coter- terms of office of the additional members shall be for 4
n, or redevelop- minous with the area of operation of the county or munic- years, except that the first person appointed shall ini-
n area or areas is I ipality, and is otherwise eligible for such appointment tially serve a term of 2 years. Persons appointed under
c health, safety, under this part. this section are subject to all provisions of this part relat-
1179
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
ing to appointed members of a community redevelop- proposed to be carried out in the community redevelop- (7) If the corr.
ment agency. ment area; zoning and planning changes, if any; land • an area of open .
(2) Nothing in this part prevents the governing body uses; maximum densities; and building requirements. municipality, suo
from conferring the rights, powers, privileges, duties, (3) The county, municipality, or community redevel- (a) In the ev
and immunities of a community redevelopment agency opment agency may itself prepare or cause to be pre- dential uses, ►h :
upon any entity in existence on July 1, 1977, which has pared a community redevelopment plan, or any person : 1. That a s-
been authorized by law to function as a downtown or agency,public or private, may submit such a plan to - and design wr
development board or authority or as any other body the a community redevelopment agency. Prior to its consid- • dents of low or
•
purpose of which is to prevent and eliminate slums and eration of a community redevelopment plan,the commu- and sanitary e>,
blight through community redevelopment plans. Any nity redevelopment agency shall submit such plan to the 2. That the
entity in existence on July 1, 1977, which has been local planning agency of the county or municipality for increased in th
vested with the rights, powers, privileges, duties, and review and recommendations as to its conformity with 3. That the
tt
immunities of a community redevelopment agency is the comprehensive plan for the development of the •' shortage of de:
subject to all provisions and responsibilities imposed by county or municipality as a whole. The local planning ing cause or cc
this part,notwithstanding any provisions to the contrary agency shall submit its written recommendations with disease and cr-
in any law or amendment thereto which established the respect to the conformity of the proposed community ';' health, safety
entity.Nothing in this act shall be construed to impair or redevelopment plan to the community redevelopment 4. That tre
diminish any powers of any redevelopment agency or agency within 60 days after receipt of the plan for x' uses is an inter•
other entity as referred to herein in existence on the review. Upon receipt of the recommendations of the of the county :
effective date of this act or to repeal, modify, or amend local planning agency, or, if no recommendations are • (b) In the e.
any law establishing such entity, except as specifically received within such 60 days,then without such recorn- residential use-
set forth herein mendations,the community redevelopment agency may 1. Such
History.—s 2.ch -391 s 75.ch 79-400 s 2,ch 83-231 s 5.ch 84-356 appropriate tc
•
proceed with its consideration of the proposed commu-
nity redevelopment plan. ment of the c
163.358 Exercise of powers in carrying out commu- (4) c Wing standar -
nity redevelopment and related activities.—The corn (4) The community redevelopment agency shall
submit any community redevelopment plan it recom 2 Acqu
munity redeveopment powers assigned to a community mental actic-
redevelopment agency created under s. 163 356 include mends for approval,together with is written recommen- Defect
necessaryor convenient to carryout and dations, to the governing body and to each taxing
all the
powers authority that levies ad valorem taxes on taxable real sity of owners
effectuate the purposes and provisions of this part, property contained within the geographic boundaries of such land;
except the following, which continue to vest in the gov the redevelopment area. The governing body shall then b. Tax e�
erning body of the county or municipality: c. Imprcc
(1) The power to determine an area to be a slum or proceed with the hearing on the proposed community d. Outm:
blighted area, or combination thereof;to designate such redevelopment plan as prescribed by subsection (5). e. Deter
(5) The governing body shall hold a public nearing
area as appropriate for community redevelopment; and on a community redevelopment plan after public notice f. Econ.
to hold any public hearings required with respect thereof by publication ,n a newspaper having a general g. Unst,t:
thereto circulation in the area of operation of the county or h Lack. _
(2) The power to grant final approval to community ... of a county or
municipality. The notice shall describe the time, date,
redevelopment plans and modifications thereof. place,and purpose of the hearing, identify generally the requirements
(3) The power to authorize the issuance of revenue community redevelopment area covered by the plan, AI
Any
bonds as set forth in s. 163.385. .. lions which -_
andoutline tline the general scopeof the communityredevel-
(4) The power to approve the acquisition, demoli- • (8) Upon •
lion, removal, or disposal of property as provided in s. opment plan under consideration. community
(6) Following such hearing,the governing body may
163 370(3) and the power to assume the responsibility approve the community redevelopment and the plan thereof,suc-
to bear loss as provided in s. 163.370(3). in full force
History.—s.2.cn "-391.s.70.ch 8,-259,s.7,ch.84-356.s 34.ch.91-45 therefor if it finds that redevelopme-
(a) A feasible method exists for the location of fami- then cause
163.360 Community redevelopment plans.— lies who will be displaced from the community redevel- { carry out s...:
(1) Community redevelopment in a community rede- opment area in decent, safe, and sanitary dwelling its terms.
velopment area shall not be planned or initiated unless accommodations within their means and without undue (9) Noty.
the governing body has,by resolution,determined such hardship to such families; when the ge
area to be a slum area, a blighted area, or an area in (b) The community redevelopment plan conforms to of redeveloc
which there .s a shortage of housing affordable to resi- the general plan of the county or municipality as a whole; s gency unde-
dents of low or moderate income, including the elderly, (c) The community redevelopment plan gives due Governor ha
or a combination thereof, and designated such area as consideration to the provision of adequate park and rec- ante undo' --
appropriate for community redevelopment. reational areas and facilities that may be desirable for 'blighted are
(2) The community redevelopment plan shall: neighborhood improvement, with special consideration community •-
(a) Conform to the comprehensive plan for the for the health,safety,and welfare of children residing in opment wit-
county or municipality as prepared by the local planning the general vicinity of the site covered by the plans;and provisions c'
agency under the Local Government Comprehensive (d) The community redevelopment plan will afford • county or rT
Planning and Land Development Regulation Act. maximum opportunity,consistent with the sound needs ' munity rede.
(b) Be sufficiently complete to indicate such land of the county or municipality as a whole,for the rehabili- History.—s -
acquisition, demolition and removal of structures, rede- tation or redevelopment of the community redevelop- 9,N 84-356
velopment, improvements, and rehabilitation as may be ment area by private enterprise. •on a
1180
- ?K� :r^.rif.`. ra r?,r'- -:; i. ° ',.i+:+ T:•..n i! •:f'?': }-� � 5-.1 :� (;y-.....:
'' y...:r{•'� ^l:% .. ti�:�
}.,r. .•7:� s."�i'i•..i;;.�..r.>ti '.iw 'Y:. .:Yij.:1::J. ! �':.•
F.S. 1993 F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
unity redevelop. (7) If the community redevelopment area consists of 163.361 Modification of Community redevelopment
ges, if any; land an area of open land to be acquired by the county or the plans.—
requirements. •
municipality, such area may not be so acquired unless: (1) If at any time after the approval of a community
mmunity redevel- lia (a) In the event the area is to be developed for resi- redevelopment plan by the governing body it becomes
cause to be pre- dential uses, the governing body determines: necessary or desirable to amend or modify such plan,
in, or any person 1. That a shortage of housing of sound standards the governing body may amend such plan upon the rec-
it such a plan to and design which is decent, safe, affordable to resi- ommendation of the agency. The agency recommenda-
-tor to its consid- dents of low or moderate income, including the elderly, tion to amend or modify a redevelopment plan may
,tan,the commu- ;;k and sanitary exists in the county or municipality; include a change in the boundaries of the redevelop-
such plan to the 2. That the need for housing accommodations has ment area to add land to or exclude land from the rede-
municipality for increased in the area; velopment area.
conformity with `i 3. That the conditions of blight in the area or the (2) The governing body shall hold a public hearing
lopment of the shortage of decent,safe,affordable,and sanitary hous- on a proposed modification of a community redevelop-
e local planning ing cause or contribute to an increase in and spread of ment plan after public notice thereof by publication in a
nendations with disease and crime or constitute a menace to the public newspaper having a general circulation in the area of
sed community health, safety, morals, or welfare; and operation of the agency.
redevelopment 4. That the acquisition of the area for residential (3) If a community redevelopment plan is modified
of the plan for uses is an integral part of and is essential to the program by the county or municipality after the lease or sale of
ndations of the of the county or municipality. real property in the community redevelopment area,
rnendations are (b) In the event the area is to be developed for non- such modification may be conditioned upon such
:ut such recom- residential uses, the governing body determines that: approval of the owner, lessee, or successor in interest
ant agency may 1. Such nonresidential uses are necessary and as the county or municipality may deem advisable and,
1Posed commu- appropriate to facilitate the proper growth and develop- in any event, shall be subject to such rights at law or in
merit of the community in accordance with sound plan equity as a lessee or purchaser,or his successor or suc-
t agency shall ping standards and local community objectives; and
Alan it reCOR1 4 2 Acquisition may require the exercise of govern- censors in interest, may be entitled to assert.
ten recommen-
'_5 4 `" n�' s 6 ch 83 23,
I mental action• as provided in this part, because of:
each taxing {' a. Defective or unusual conditions of, title or diver- 163.362 Contents of community redevelopment
on taxable real sity of ownership which prevents the free alienability of plan.—Every community redevelopment plan shall:
boundaries of such land; (1) Contain a legal description of the boundaries of
oody shall then b. Tax delinquency; the community redevelopment area and the reasons for
ed community c. Improper subdivisions: establishing such boundaries shown in the plan.
osect'on (5). d. Outmoded street patterns; (2) Show by diagram and in general terms:
public nearing e. Deterioration of site. (a) The approximate amount of open space to be
r pubic notice f Economic disuse; provided and the street layout.
ping a general 9 Unsuitable topography or faulty lot 'ayouts; (b) Limitations on the type,size.he;ght,number,and
:he county or h. Lack of correlation of the area withother areas proposed ...se of buildings.
-le time, date, of a county or municipality by streets and modern traffic (c) The approximate number of dwelling units.
generally the requirements: or
bythe plan, ; Any combination of such factors or other condi (d) Such property as ise intended for use as public
tons which retard development of the area. parks,recreation areas,streets,public utilities,and pub
-;unity redevel- P tic improvements of any nature.
(8) Upon the approval by the governing body of a (3) If the redevelopment area contains low or moder-
community;ng body may redevelopment plan or of any modification ate income housing,contain a neighborhood impact ele-
and the plan thereof,such plan or modification shall be deemed to be ment which describes in detail the impact of the redevel-
in full force and effect for the respective community opment upon the residents of the redevelopment area
cation of fami- redevelopment area,and the county or municipality may and the surrounding areas in terms of relocation, traffic
unity redevel- then cause the community redevelopment agency to
carry out such plan or modification in accordance with circulation,environmental quality,availability of commu
tary dwelling its terms. nity facilities and services, effect on school population,
vthout undue ( and other matters affectingthe q 9) Notwithstanding any other provisions of this part, physical and social ual-
n conforms to when the governing body certifies that an area is in need 'ty of the neighborhood.
of redevelopment or rehabilitation as a result of an emer- (4) Identify specifically any publicly funded capital
y as a whole; enc under 's. 252.34 3 with respectprojects to be undertaken within the communityredevel-
3n gives due g y ( ). to which the
park and rec- Governor has certified the need for emergency assist- lent area.
desirable for ance under federal law, that area may be certified as a (5) Contain adequate safeguards that the work of
desir:onsiable
f n "blighted area,"and the governing body may approve a redevelopment will be carried out pursuant to the plan.
community redevelopment plan and community redevel (6) Provide for the retention of controls and the
in residing in opment with respect to such area without regard to the establishment of any restrictions or covenants running
e plans;and provisions of this section requiring a general plan for the with land sold or leased for private use for such periods
:n will afford county or mur�cipality and a public hearing on the com of time and under such conditions as the governing
Sound needs munity redevelopment. body deems necessary to effectuate the purposes of
-the rehabili- History.—s.7.ch 69-305 s.3.ch.77-391.s 5.ch 83-231.s 6.ch.83-334.s this part.
a redevelop- 9 ch 84-356.s 26.ch 85-55.s 3.ch 93-286 (7) Provide assurances that there will be replace-
'NON.—Substituted by the editors fora reference to s 252 34(2)to conform to
redesignatton of subunits by s 10.ch.93-211 merit housing for the relocation of persons temporarily
1181
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
or permanently displaced from housing facilities within nity redevelopment which shall conform to the general 3. Insta'
the community redevelopment area. plan for the development of the county or municipality streets, utilit
(8) Provide an element of residential use in the rede- as a whole and may include,but not be limited to,identi- major hotels
velopment area if such use exists in the area prior to the fication of slum or blighted areas, measurement of tion centers
adoption of the plan or if the plan is intended to remedy blight, determination of resources needed and available ties, parking
a shortage of housing affordable to residents of low or to renew such areas, identification of potential project other imprioi E
moderate income, including the elderly, areas and types of action contemplated,and scheduling community re
(9) Contain a detailed statement of the projected of community redevelopment activities. opment obje:
costs of the redevelopment,including the amount to be (3) Authority is hereby vested in every county and community re
expended on publicly funded capital projects in the municipality to prepare, adopt, and revise from time to 4. Dispes
community redevelopment area and any indebtedness time a general plan for the physical development of the munity redev€
of the community redevelopment agency,the county,or county or municipality as a whole (giving due regard to accordance v,
the municipality proposed to be incurred for such rede- the environs and metropolitan surroundings), to estab- 5. Carry
velopment if such indebtedness is to be repaid with fish and maintain a planning commission for such pur- compulsory re
increment revenues. pose and related county or municipal planning activities, improvements
(10) Provide a time certain for completing all redevel- and to make available and to appropriate necessary velopment p 2
opment financed by increment revenues Such time cer- funds therefor. 6. Acqu
tam shall occur no later than 30 years after the fiscal year ►8story.—s B.rn cis-xis redevelopme-
in which the plan is approved,adopted,or amended pur- velopment p
suant to s. 163 361(1). 163.367 Public officials, commissioners, and dwelling use
(11) Subsections(1),(3),(4),and(8). as amended by employees subject to code of ethics.— of the strut'_
s. 10,chapter 84-356, Laws of Florida,and subsections (1) The officers, commissioners, and employees of the property
(9) and (10) do not apply to any governing body of a a community redevelopment agency created by,or des- f 7. Acq,. -
county or municipality or to a community redevelopment ignated pursuant to. s. 163.356 or s. 163.357 shall be munity rede.
agency if such governing body has approved and subject to the provisions and rec.xements of part Ill of unhealthful. .
adopted a community redevelopment plan pursuant to chapter 112. density; elim -
s. 163.360 before chapter 84-356 became a law; nor do (2) If any such official, commissioner, or employee the public we
they apply to any governing body of a county or munici- presently owns or controls,or owned or controlled within spread of ID; __
pality or to a community redevelopment agency if such the preceding 2 years,any interest.direct or indirect, in needed pub
governing body or agency has adopted an ordinance or any property which he knows is ncluded or planned to 8. Acq.. .
resolution authorizing the issuance of any bonds,notes, be included in a community redevelopment area, he j that the area
or other forms of indebtedness to which is pledged shall immediately disclose this fact in the manner pro- I an area tors
increment revenues pursuant only to a community rede- vided in part Ill of chapter 112. Any disclosure required i way or sub:.
velopment plan as approved and adopted before chap- to be made by this section shall oe made prior to taking other similar
ter 84-356 became a law any official action pursuant to tb s section. on the sumo_
►x.rory.—s 5 ch n-391,s. 7,ch 83-231;us 10 22 ch e4-356;s 5 �h (3) No commissioner or other officer of any commu- " are to be de.-
nity redevelopment agency,board,or commission exer- influences a-
183.365 Neighborhood and communitywide plans. cising powers pursuant to this part shall hold any other facilities and
(1) Any municipality or county or any public body public office under the county or municipality other than to, families a-
authorized to perform planning work may prepare a gen- his cornmissionership or office with respect to such i 9. Cons:-
eral neighborhood redevelopment plan for a community community redevelopment agency, board, or commis- essary for the
redevelopment area or areas, together with any adjoin- Sion. related facilr,
ing areas having specially related problems, which may miter,.--s s,a,.n-3s, s 76.a 7340e : 8 a as z31 limited to, fa
be of such scope that redevelopment activities may income.
163
have to be carried out in stages. Such plans may .370 Powers;counties and municipalities;coin (d) To pr=
include, but not be limited to, apreliminarymunity redevelopment agencies.—
plan which: n;shinf or re:
(a) Outlines the community redevelopment activities (1) Every county and municipality shall have all the vale,of serv.c
proposed for the area involved; powers necessary or convenient to carry out •and effec- • utilities,or ot--
(b) Provides a framework for the preparation of coin- tuate the purposes and provisions of this part, ,ncluding munity rede.
munity redevelopment plans; and the following powers in addit on to others herein struct streets
(c) Indicates generally the land uses, population granted. public imprc.
density, building coverage, prospective requirements (a) To make and execute contracts and other instru- that it deem
for rehabilitation and improvement of property and por- ments necessary or convenient to the exercise of its attached to
tions of the area contemplated for clearance and rede powers under this part; pursuant to `s
velopment. (b) To disseminate slum clearance and community prevailing sa
redevelopment information; standards, it
A general neighborhood redevelopment plan shall, in (c) To undertake and carry ot.t community redevel- munity rede.•
the determination of the governing body,conform to the opment and related activities within the community include in an.
general plan of the locality as a whole and the workable redevelopment area,which redevelopment may include: velopment a-
program of the county or municipality. 1. Acquisition of a slum area or a blighted area or of the condit -
(2) Any county or municipality or any public body portion thereof. ate.
authorized to perform planning work may prepare or 2. Demolition and removal of buildings and (e) Withir
complete a communitywide plan or program for commu- improvements. 1. To ems
1182
•
F.S. 1993 F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
n to the general 3. Installation, construction, or reconstruction of munity redevelopment area in order to make inspec-
t or municipality streets, utilities, parks, playgrounds, public areas of tions, surveys, appraisals, soundings, or test borings
+mited to, identi- major hotels that are constructed in support of conven- and to obtain an order for this purpose from a court of
leasurement of tion centers, including meeting rooms, banquet facili- competent jurisdiction in the event entry is denied or
d and available ties, parking garages, lobbies, and passageways, and resisted.
potential project other improvements necessary for carrying out in the 2. To acquire by purchase,lease,option,gift,grant,
and scheduling community redevelopment area the community redevel- bequest, devise,eminent domain, or otherwise any real
opment objectives of this part in accordance with the property(or personal property for its administrative pur-
cry county and community redevelopment plan. poses), together with any improvements thereon;
se from time to 4. Disposition of any property acquired in the com- except that a community redevelopment agency may
elopment of the munity redevelopment area at its fair value for uses in not exercise any power of eminent domain unless the
3 due regard to accordance with the community redevelopment plan. exercise has been specifically approved by the govem-
tings), to estab- 5. Carrying out plans for a program of voluntary or ing body of the county or municipality which established
in for such pur- compulsory repair and rehabilitation of buildings or other the agency.
.nning activities, improvements in accordance with the community rede- 3. To hold,improve,clear,or prepare for redevelop-
nate necessary velopment plan. ment any such property.
6. Acquisition of real property in the community 4. To mortgage, pledge, hypothecate,or otherwise
redevelopment area which, under the community rede- encumber or dispose of any real property.
velopment plan, is to be repaired or rehabilitated for 5. To insure or provide for the insurance of any real
ssioners, and dwelling use or related facilities, repair or rehabilitation or personal property or operations of the county or
- of the structures for guidance purposes, and resale of municipality against any risks or hazards, including the
i employees of the property. power to pay premiums on any such insurance.
ated by,or des- 7. Acquisition of any other real property in the corn- 6. To enter into any contracts necessary to effectu-
P3 357 shall be I munity redevelopment area when necessary to eliminate ate the purposes of this part.
nts of part III of unhealthful, unsanitary, or unsafe conditions; lessen (f) To invest any community redevelopment funds
density; eliminate obsolete or other uses detrimenta: to held in reserves or striking funds or any such funds not
r, or employee the public welfare;or otherwise to remove or prevent the required for immediate disbursement in property or
-ontrolled within i spread of blight or deterioration or to provide land for securities in which savings banks may legally invest
:t or indirect,in needed public facilities. funds subject to their control and to redeem such bonds
y or planned to 8. Acquisition, without regard to any requirement as have been issued pursuant to s. 163.385 at the
;ment area, he that the area be a slum or blighted area, of air rights in redemption price established therein or to purchase
ne manner pro- an area consisting principally of land ,n highways, rail- such bonds at less than redemption price, all such
'osure required way or subway tracks, bridge or tunnel entrances, or bonds so redeemed or purchased to be canceled.
prior to taking other similar facilities which have a blignting influence (g) To borrow money and to apply for and accept
Dn. on the surrounding area and over which air rights sites advances, loans, grants, contributions, and any other
of any commu- are to be deve'oped for the elimination of such blighting form of financial assistance from the Federal Govern-
:mmission exer- influences and for the provision of housing(and related ment or the state, county, or other public body or from
hold any other facilities and uses)designed specifically for, and limited any sources, public or private, for the purposes of this
ality other than to, families and individuals of low or moderate income. part and to give such security as may be required and
spect to such 9. Construction of foundations and platforms nec- to enter into and carry out contracts or agreements in
rd, or commis- essary for the provision of air rights sites of housing(and connection therewith: and to include in any contract for
related facilities and uses)designed specifically for and financial assistance with the Federal Government for or
-231 limited to, families and individuals of low or moderate with respect to community redevelopment and related
income. activities such conditions imposed pursuant to federal
cipalities;com- (d) To provide, or to arrange or contract for, the fur- laws as the county or municipality deems reasonable
nishing or repair by any person or agency,public or pri- and appropriate which are not inconsistent with the pur-
-all have all the vate,of services,privileges.works,streets,roads,public poses of this part.
i out and effec- .jtilities,or other facilities for or in connection with a corn- (h) Within its area of operation, to make or have
part, including munity redevelopment; to install, construct, and recon- made all surveys and plans necessary to the carrying
others herein struct streets, utilities, parks, playgrounds, and other out of the purposes of this part;to contract with any per-
public improvements; and to agree to any conditions son, public or private, in making and carrying out such
nd other instru- that it deems reasonable and appropriate which are plans;and to adopt or approve,modify,and amend such
exercise of its attached to federal financial assistance and imposed plans, which plans may include. but are not limited to:
pursuant to federal law relating to the determination of 1. Plans for carrying out a program of voluntary or
ind community prevailing salaries or wages or compliance with labor compulsory repair and rehabilitation of buildings and
standards, in the undertaking or carrying out of a corn- improvements.
-nunity redevel- munity redevelopment and related activities, and to 2. Plans for the enforcement of state and local laws,
ne community include in any contract let in connection with such rede- codes,and regulations relating to the use of land and the
nt may include: velopment and related activities provisions to fulfill such use and occupancy of buildings and improvements and
righted area or of the conditions as it deems reasonable and appropn- to the compulsory repair, rehabilitation, demolition, or
ate. removal of buildings and improvements.
ipuildings and (e) Within the community redevelopment area: 3. Appraisals, title searches. surveys, studies, and
1. To enter into any building or property in any corn- other plans and work necessary to prepare for the
1183
,11111111111111/111111.11111111111111111111111110111111
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
undertaking of community redevelopment and related the governing body which approved the community (3) The fo'
activities. redevelopment plan. admissible nc
(i) To develop, test, and report methods and tech- (c) General government operating expenses unre- taken by any
niques, and carry out demonstrations and other activi- lated to the planning and carrying out of a community abatement, pr
ties, for the prevention and the elimination of slums and redevelopment plan. such use,con:
urban blight and developing and demonstrating new or (3) With the approval of the governing body, a corn- or evidence '
improved means of providing housing for families and munity redevelopment agency may: charged with
persons of low income. (a) Prior to approval of a community redevelopment dered, made.
(j) To apply for, accept, and utilize grants of funds plan or approval of any modifications of the plan,acquire nation, or ord<_
from the Federal Government for such purposes. real property in a community redevelopment area, tion, or corre:
(k) To prepare plans for and assist in the relocation demolish and remove any structures on the property, panty, or op=
of persons(including individuals,families,business con- and pay all costs related to the acquisition, demolition, I prima facie e.
terns, nonprofit organizations, and others) displaced or removal, including any administrative or relocation such use. cor
from a community redevelopment area and to make relo expenses. IS*ov'_5 '0
cation payments to or with respect to such persons for (b) Assume the responsibility to bear any loss that 183.380 D.
movin expenses and losses of ro ert for which ream may arise as the result of the exercise of authority under
g P p p y this subsection,in the event that the real property is not velopment arc
bursement or compensation is not otherwise made, made part of the community redevelopment area. (1) Any c:
including the making of such payments financed by the waory._s 9 u, 69-305 5 7 ch 77-39, 5 ++.oh 84-356 5 7.ch 93-286 opment ages
Federal Government. transfer real :-
(I) To appropriate such funds and make such 163.375 Eminent domain.— it for commur
expenditures as are necessary to carry out the purposes (1) Any county or municipality, or any community opment area •
of this part to zone or rezone any part of the county or redevelopment agency pursuant to specific approval of property for ;
municipality or make exceptions from building regula- the governing body of the county or municipality which with respect
tions; and to enter into agreements with a housing established the agency, as provided by any county or mercial. indcs
authority, which agreements may extend over any municipal ordinance has the right to acquire by condem- ance with the
period, notwithstanding any provision or rule of law to nation any interest n real property, including a fee sim- to such cove-
the contrary, respecting action to be taken by such Ple title thereto,which it deems necessary for,or in con- rig covens^�=
county or municipality pursuant to any of the powers nection with, community redevelopment and related sary or des-:
granted by this part.
activities under this part. Any county or municipality, or
ment or sore:
(m) To close. vacate. plan, or replan streets, roads, any community redevelopment agency pursuant to spe- otherwise car
cific approval by the governing body of the county or
sidewalks. ways, or other places and to plan or replan such sale. le:
any part of the county or municipality municipality which established the agency as provided agreement re
(n) Wthin its area of operation, to organize, coordi- by any county or municipal ordinance may exercise the t approval of t-
nate, and direct the administration of the provisions of Power of eminent domain in the manner provided in governing be
chapters 73 and 74 and acts amendatory thereof or sup-
this part,as they may apply to such county or municipal- lementa thereto, may or it exercise the power of emir successors a
plementary ity, in order that the objective of remedying slum andsuch real pro:
Went domain in the manner now or which may be hereaf-
blighted areas and preventing the causes thereof within ter provided by any other statutory provision for the munity rede
such county or municipality may be most effectively pro exercise of the power •of ern Went domain. Property comply with
moted and achieved and to establish such new office or municipality
already devoted to a public use may be acquired in like
offices of the county or municipality or to reorganize manner. However, no real property belonging to the determine to
existing offices in order to carry out such purpose most United States, the state, or any political subdivision of gation to beg
effectively. the state may be acquired without its consent. required by
•
(o) To exercise all or any part or combination of pow- (2) In any proceeding to fix or assess compensation a reasonable
ers herein granted or to elect to have such powers exer- for damages for the taking of property, or any interest (2) Such
cised by a community redevelopment agency. therein, through the exercise of the power of eminent leased, othe'
(2) The following projects may not be paid for or domain or condemnation,evidence or testimony bearing determined
financed by increment revenues: upon the following matters shall be admissible and shall accordance
(a) Construction or expansion of administrative be considered in fixing such compensation or damages and in accorc
buildings for public bodies or police and fire buildings, in addition to evidence or testimony otherwise admissi- dures as any
unless each taxing authority agrees to such method of ble velopment a;
financing for the construction or expansion. (a) Any use, condition, occupancy, or operation of value of real :
(b) Installation, construction, reconstruction, repair, such property, which is unlawful or violative of, or sub- uses in acco'
or alteration of any publicly owned capital improvements ject to elimination, abatement, prohibition, or correction plan, the cot_
or projects which are not an integral part of or necessary under, any law, ordinance,or regulatory measure of the ment agency
for carrying out the community redevelopment plan if state,county,municipality,or other political subdivision, ation to the
such projects or improvements are normally financed by or any agency thereof,in which such property is located, county, mu--
the governing body with user fees or if such projects or as being unsafe, substandard, unsanitary, or otherwise agency resu
improvements would be installed, constructed, recon- contrary to the public health, safety, morals, or welfare. costs in the c
structed, repaired, or altered within 3 years of the (b) The effect on the value of such property of any vided in suc'
approval of the community redevelopment plan by the such use, condition, occupancy. or operation or of the nants,cond'
governing body pursuant to a previously approved pub- elimination, abatement, prohibition, or correction of any . chaser or le_
lic capital improvement or project schedule or plan of such use, condition, occupancy, or operation. munity rede
1184
F.S. 1993 F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
the community (3) The foregoing testimony and evidence shall be and the objectives of such plan for the prevention of the
admissible notwithstanding that no action has been recurrence of slum or blighted areas. In the event the
expenses unre- taken by any public body or public officer toward the value of such real property being disposed of is for less
- of a community abatement, prohibition, elimination, or correction of any than the fair value, such disposition shall require the
such use,condition,occupancy,or operation.Testimony approval of the governing body, which approval may
ng body, a corn- or evidence that any public body or public officer only be given following a duly noticed public hearing.
charged with the duty or authority so to do has ren- The county, municipality, or community redevelopment
/ redevelopment dered, made,or issued any judgment,decree,determi- agency may provide in any instrument of conveyance to
the plan,acquire nation, or order for the abatement, prohibition, elimina- a private purchaser or lessee that such purchaser or les-
elopment area, tion, or correction of any such use, condition, occu- see is without power to sell,lease,or otherwise transfer
3n the property, anc , oroperation shall be admissible and shall be the real r
tion, demolition, P y property without the prior written consent of the
prima facie evidence of the existence and character of county, municipality, or community redevelopment
ve or relocation such use, condition, or operation. agency until he has completed the construction of any
Ibs°ry. s i0.ch 8-m.s.8,ch.77-391,s.12.cn 84' or all improvements which he has obligated himself to
ar any loss that 9
authority under 163.380 Disposal of property In community reds- construct thereon. Real property acquired by the
:I property is not velopment area.— county, municipality, or community redevelopment
ment area. (1) Any county,municipality,or community redevel- agency which,in accordance with the provisions of the
-356 s 7 rn �a opment agency may sell,lease,dispose of,or otherwise sommuntry trreansferred
rapidlyant plan, is sit e in transferred
t apubli
transfer real propertyshall be transferred as as feasible the public
or any interest therein acquired by interest, consistent with the carrying out of the provi-
it3ny community for community redevelopment in a community redevel- sions of the communityredevelopment
opment area to any private person, or mayretain such P plan. Anye lop-
�ific approval of r tract for such transfer and the community redevelop
nice all which propertyfor public use, and may enter into contracts plan, partparts of such contract or plan
P tY ment or such or
with respect thereto ford
any county or residential, recreational, corn-
as the county, municipality, or community redevelop-
.ire by condem- mercial,industrial,educational,or other uses,in accord- ment agency may determine, may be recorded in the
iin
re a fee ern- ance with the community redevelopment plan, subject land records of the clerk of the circuit court in such man-
tor,or in con- to such covenants, conditions, and restrictions, includ- ner as to afford actual or constructive notice thereof.
-it and related n9 covenants running with the land,as it deems neces (3) Prior to disposition of any real property or interest
'nunicipality, or sary or desirable to assist in preventing the develop- therein in a community redevelopment area,any county,
irsuant to ment or spread of future slums or blighted areas or to municipality,or community redevelopment agency shall
the count otherwise carry out the purposes of this part. However, give public notice of such disposition by publication in
v.
as provided such sale, lease, other transfer, or retention, and any a newspaper having a general circulation in the commu-
•
v exercise the agreement relating thereto. may be made only after the nity, at !east 30 days prior to the execution of any con-
provided in approval of the community redevelopment plan by the tract to sell, lease, or otherwise transfer real property
-'ereof or sup- } governing body. The purchasers or lessees and their and prior to the delivery of any instrument of convey-
cower of emi- successors and assigns shall be obligated to devote ance with respect thereto under the provisions of this
"a, be hereaf- such real property only to t'•e uses specified in the corn- section, invite propcsais from, and make all pertinent
lion for the munity redevelopment plan and may be obligated to information available to,private redevelopers or any per-
a,n Property comply with such other requirements as the county, sons interested in undertaking to redevelop or rehabili-
:quired in like I municipality, or community redevelopment agency may tate a community redevelopment area or any part
•nging to the i determine to be in the public interest,including the obli- thereof. Such notice shall identify the area or portion
subdivision of I gation to begin any improvements on such real property thereof and shall state that proposals must be made by
sent. required by the community redevelopment plan within those interested within 30 days after the date of publica-
ompen j a reasonable time. tion of the notice and that such further information as is
r any interest i (2) Such real property or interest shall be sold, available may be obtained at such office as is desig-
er of eminent leased, otherwise transferred, or retained at a value nated in the notice.The county,municipality,or commu-
mony bearing • determined to be in the public interest for uses in nity redevelopment agency shall consider all such rede-
!ble and shall accordance with the community redevelopment plan velopment or rehabilitation proposals and the financial
or damages and in accordance with such reasonable disposal proce- and legal ability of the persons making such proposals
wise admissi- dures as any county, municipality, or community rede- to carry them out;and the county, municipality,or corn-
velopment agency may prescribe. In determining the munity redevelopment agency may negotiate with any
operation of value of real property as being in the public interest for persons for proposals for the purchase, lease, or other
e of. or sub- uses in accordance with the community redevelopment transfer of any real property acquired by it in the commu-
or correction plan,the county,municipality,or community redevelop- nity redevelopment area. The county, municipality, or
:asure of the ment agency shall take into account and give consider- community redevelopment agency may accept such
subdivision, ation to the long-term benefits to be achieved by the proposal as it deems to be in the public interest and in
ty is located, county, municipality, or community redevelopment furtherance of the purposes of this part;however,a noti-
or otherwise agency resulting from incurring short-term losses or fication of intention to accept such proposal must be
or welfare. costs in the disposal of such real property;the uses pro- filed with the governing body not less than 30 days prior
oerty of any vided in such plan;the restrictions upon, and the cove- to any such acceptance.Thereafter,the county,munici-
on or of the nants,conditions,and obligations assumed by,the pur- pality, or community redevelopment agency may exe-
ction of any chaser or lessee or by the county,municipality,or corn- cute such contract in accordance with the provisions of
m. munity redevelopment agency retaining the property; subsection (1) and deliver deeds, leases, and other
1185
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
instruments and take all steps necessary to effectuate (2) Bonds issued under this section do not consti- redevelopment.
such contract. tute an indebtedness within the meaning of any consti- velopment trust
(4) Any county, municipality, or community redevel- tutional or statutory debt limitation or restriction,and are into this fund sr
opment agency may temporarily operate and maintain not subject to the provisions of any other law or charter refinance any c
real property acquired by it in a community redevelop- relating to the authorization, issuance, or sale of bonds, pursuant to the
ment area for or in connection with a community redevel- Bonds issued under the provisions of this part are plan.No commu
opment plan pending the disposition of the property as declared to be issued for an essential public and govern- or spend any it
authorized in this part, without regard to the provisions mental purpose and, together with interest thereon and tion unless anc
of subsection (1), for such uses and purposes as may income therefrom, are exempted from all taxes, except nance, provide
be deemed desirable, even though not in conformity those taxes imposed by chapter 220 on interest, trust fund for t
with the community redevelopment plan. income,or profits on debt obligations owned by corpora- ment plan. Suc
(5) If any conflict exists between the provisions of tions. the governing t
this section and s. 159.61, the provisions of this section (3) Bonds issued under this section shall be author- opment plan. T'
govern and supersede those of s. 159.61. ized by resolution or ordinance of the governing body; trust fund shah!
rnswry.-s a ch 60-335.s 9 «, 77-391 s.13,di 84-366.s.1.ct 92-162 may be issued in one or more series;and shall bear such ment in the inc
163.385 Issuance of revenue bonds.— date or dates, be payable upon demand or mature at each taxing aut
such time or times, bear interest at such rate or rates, with the uncle'When authorized or approved by resolution or be in such denomination or denominations, be in such
ordinance of the governing body,a county,municipality, form either with or without coupon or registered, carry redevelopment
or community redevelopment agency has power in its such conversion or registration privileges, have such determined an
corporate capacity, in its discretion, to issue redevelop- rank or priority,be executed in such manner,be payable 1.4,4 95 percent of •
ment revenue bonds from time to time to finance the in such medium of payment at such place or places,be (a) The
undertaking of any community redevelopment under subject to such terms of redemption (with or without by each tax -
this part, including, without limiting the generality premium), be secured in such manner, and have such any debt se-.
thereof, the payment of principal and interest upon any other characteristics as may be provided by sucn resolu- tamed wit* - '
advances for surveys and plans or preliminary loans, tion or ordinance or by a trust indenture or mortgage redevelopme-
and has power to issue refunding bonds for the payment issued pursuant thereto. Bonds issued under this sec- (b) The a
or retirement of bonds or other obligations previously tion may be sold in such manner, either at public or pri- have been c':
issued.Any redevelopment revenue bonds or other obli- vate sale,and for such price as the governing body may levied each
gations issued to finance the undertaking of any commu- determine will effectuate the purpose of this part. sive of any
nity redevelopment under this part shall mature within (4) In case any of the public officials of the county, assessed .a _
60 years after the end of the fiscal year in which the ini- municipality, or community redevelopment agency munity redo.
tial community redevelopment plan was approved or whose signatures appear on any bonds or coupons recent assess-
adopted. However, in no event shall any redevelopment issued under this part cease to be such officials before tion of such
revenue bonds or other obligations issued to finance the the delivery of such bonds, such signatures are, never- the effect-.e
undertaking of any community redevelopment under theless, valid and sufficient for all purposes, the same . funding of the
this part mature later than the expiration of the plan in as if such officials had remained in office until such deliv- (2Xa) Exce
effect at the time such bonds or obligations were issued. ery. `und pursuant
The security for such bonds may be based upon the (5) In any suit, action, or proceeding involving the ordinance pr:
anticipated assessed valuation of the completed corn- validity or enforceability of any bond issued under this trust fund as
munity redevelopment and such other revenues as are part, or the security therefor, any such bond reciting in authority sha
legally available. In anticipation of the sale of such reve- substance that it has been issued by the county,munici- to the trust fur
nue bonds,the county,municipality,or community rede- pality, or community redevelopment agency in connec- ing incremer:
velopment agency may issue bond anticipation notes tion with community redevelopment, as herein defined, . standing(but
and may renew such notes from time to time, but the shall be conclusively deemed to have been issued for less than the
maximum maturity of any such note, including renewals such purpose, and such project shall be conclusively subsection (1
thereof, may not exceed 5 years from the date of issue deemed to have been planned, located,and carried out community re:
of the original note. Such notes shall be paid from any in accordance with the provisions of this part. . pursuant to s
revenues of the county, municipality, or agency avail- (6) Subsections (1), (4), and (5), as amended by s. shall make the
able therefor and not otherwise pledged or from the pro- 14,chapter 84-356, Laws of Florida,do not apply to any exceed 30 ye
ceeds of sale of the revenue bonds in anticipation of governing body of a county or municipality or to a coin- amends the :-
which they were issued Any bond, note, or other form munity redevelopment agency if such governing body or (b) Any ta
of indebtedness pledging increment revenues to the agency has adopted an ordinance or resolution authoriz- ment to the tr_
repayment thereof shall mature no later than the end of ing the issuance of any bonds, notes, or other forms of fund an amoL
the 30th fiscal year after the fiscal year in which incre- indebtedness to which is pledged increment revenues increment an:
ment revenues are first deposited into the redevelop- pursuant only to a community redevelopment plan as increment eG-
ment trust fund or the fiscal year in which the plan is sub- approved and adopted before chapter 84-356 became ment is outst:
sequently amended. However, any refunding bonds a law. (c) The is
issuedpursuant to this section maynot mature later Nttory.-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:,s 14 22.ch.84-366 s 6 or 93-296 created prior t
than the final maturity date of any bonds or other oblige- (a).
tions being paid or retired with the proceeds of such 163.387 Redevelopment trust fund.— 1. A spe
refunding bonds. (1) There shall be established for each community taxable real c
1186
F.S. 1993 '` F.S. 1 993 INTERGOVERNMENTAL PROGRAMS Ch. 183
o not consti- 4.: redevelopment agency created under s. 163.356 a rede- 2. A special district the sole available source of rev-
)f any consti- velopment trust fund. Funds allocated to and deposited enue of which is ad valorem taxes at the time an ordi-
:tion,and are i
into this fund shall be used by the agency to finance or nance is adopted under this section.
3w or charter i refinance any community redevelopment it undertakes 3. A library district,except a library district in a juris-
ale of bonds. pursuant to the approved community redevelopment diction where the community redevelopment agency
His part are plan.No community redevelopment agency may receive had validated bonds as of April 30, 1984.
and govern- l or spend any increment revenues pursuant to this sec- 4. A neighborhood improvement district created
thereon and tion unless and until the governing body has, by ordi- under the Safe Neighborhoods Act.
axes, except nance, provided for the funding of the redevelopment 5. A metropolitan transportation authority.
on interest, trust fund for the duration of a community redevelop- 6. A water management district created under s.
d by corpora- I merit plan. Such ordinance may be adopted only after 373.069.
the governing body has approved a community redevel (d)1. A local governing body that creates a commu-
all be author- nity redevelopment agency under s. 163.356 may
opment plan. The annual funding of the redevelopment
erring body; exempt from paragraph (a) a special district that levies
all bear such trust fund shall be in an amount not less than that incre
merit in the income, proceeds, revenues, and funds of ad valorem taxes within that community redevelopment
or mature at area.The local governing body may grant the exemption
rate or rates, + each taxing authority derived from or held in connection either in its sole discretion or in response to the request
be in such with the undertaking rig and carrying out of community of the special district. The local governing body must
stered, carry redevelopment under this part. Such increment shall be establish procedures by which a special district may
s, have such determined annually and shall be that amount equal to submit a written request to be exempted from para-
95 percent of the difference between: graph (a)within 120 days after July 1, 1993.
r,be payable (a) The amount of ad valorem taxes levied each year
or places, be ; y 2. In deciding whether to deny or grant a special
:h or without by each taxing authority, exclusive of any amount from district's request for exemption from paragraph (a), the
d have such any debt service millage, on taxable real property con- ocal governing body must consider
such resolu tamed within the geographic boundaries of a community a. Any additional revenue sources of the commu-
or mortgage redevelopment area, and nity redevelopment agency which could be used in lieu
der this sec- (b) The amount of ad valorem taxes which would of the special district's tax increment.
public or on-
have been produced by the rate upon which the tax is b. The fiscal and operational impact on the commu-
-1g body may levied each year by or for eacn taxing authority, exclu- nity redevelopment agency.
'is part. sive of any debt service millage, upon the total of the c. The fiscal and operational impact on the special
f the county, assessed value of the taxable real property in the corn- district.
ent agency munity redevelopment area as shown upon the most d. The benefit to the specific purpose for which the
or coupons recent assessment roll used in connection with the taxa- special district was created. The benefit to the special
ficials before tion of such property by each taxing authorty prior to district must be based on specific projects contained in
-s are, never- the effective date of the ordinance providing for the the approved community redevelopment plan for the
as, the same funding of the trust fund. designated community redevelopment area.
til such dehv- (2)(a) Except for the purpose of funding the trust e. The impact of the exemption on incurred debt
fund pursuant to subsection(3),upon the adoption of an and whether such exemption will impair any outstanding
nvolving the ordinance providing for funding of the rede'.elopment bonds that nave pledged tax increment revenues to the
ad under this trust fund as provided in this section, each taxing repayment of the bonds.
rid reciting in authority shall, by January 1 of each year, appropriate f. The benefit of the activities of the special district
)unty,munici- to the trust fund for so long as any indebtedness pledg- to the approved community redevelopment plan.
:y in connec- ing increment revenues to the payment thereof is out- 9 The benefit of the activities of the special district
rein defined, standing (but not to exceed 30 years) a sum that is no to the area of operation of the local governing body that
en issued for less than the increment as defined and determined in created the community redevelopment agency.
conclusively subsection (1) accruing to such taxing authority. tf the 3 The local governing body must hold a public
hearin on a
d carried out community redevelopment plan is amended or modified g special district's request for exemption
Dart. pursuant to s. 163 361(1), each such taxing authority after public notice of the hearing is published in a news
'ended by S. shall make the annual appropration for a per od not to paper having a general the circulationcommunityin the countym or
nt
• apply to any exceed 30 years after the date the governing body area.
municipality noticect created be theie,red aelop a e,
area. The must describe the time, date. place,
or to a corn- amends the plan. and purpose of the hearing and must identify generally
mning body or (b) Any taxing authority that does not pay the incre- the community redevelopment area covered by the plan
.ton authoriz- merit to the trust fund by January 1 shall pay to the trust and the impact of the plan on the special district that
ther forms of fund an amount equal to 5 percent of the amount of the requested the exemption.
ent revenues increment and shall pay interest on the amount of the 4. If a local governing body grants an exemption to
rent plan as increment equal to 1 percent for each month the incre- a special district under this paragraph,the local govern-
-356 became ment is outstanding. ing body and the special district must enter into an inter-
(c) The following public bodies or taxing authorities local agreement that establishes the conditions of the
- s 'o cr T-as'. created prior to July 1, 1993,are exempt from paragraph exemption, including, but not limited to, the period of
(a): time for which the exemption is granted.
1. A special district that levies ad valorem taxes on 5. If a local governing body denies a request for
1 community taxable real property in more than one county. exemption by a special district,the local governing body
1187
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
s
shall provide the special district with a written analysis agency for such expenses incurred before the redevel- be authorized
•
specifying the rationale for such denial.This written anal- opment plan was approved and adopted. purpose of this
ysis must include, but is not limited to, the following (c) The acquisition of real property in the redevelop- subdivisions, ar-
information: ment area. / funds owned or
a. A separate,detailed examination of each consid- (d) The clearance and preparation of any redevelop- r any such bonds
eration listed in subparagraph 2. ment area for redevelopment and relocation of site occu- in this section
b. Specific examples of how the approved commu- pants as provided in s. 163.370. construed as re
nityredevelopmentplan will benefit, and has already (e) The repayment of rinci al and interest or anying reasonable
P principal Hibtory.—s 13 cr
benefited,the purpose for which the special district was redemption premium for loans, advances, bonds, bond
created. anticipation notes,and any other form of indebtedness. 163.395 Pro
6. The decision to either deny or grant an exemp- (f) All expenses incidental to or connected with the and sale by vir
Lion must be made by the local governing body within issuance, sale, redemption, retirement, or purchase of (1) All prop
120 days after the date the written request was submit- agency bonds,bond anticipation notes,or other form of munity redeye.
ted to the local governing body pursuant to the proce- indebtedness, including funding of any reserve, or held by it for•
dures established by such local governing body. redemption,or other fund or account provided for in the levy and sale b.
(3) Notwithstanding the provisions of subsection(2), ordinance or resolution authorizing such bonds, notes, or other judic'=
the obligation of the governing body which established or other form of indebtedness. nor shall judge
the community redevelopment agency to fund the rede- (7) On the last day of the fiscal year of the commu- community red
velopment trust fund annually shall continue until all nity redevelopment agency, any money which remains upon such proi
loans, advances. and indebtedness, if any, and interest in the trust fund after the payment of expenses pursuant tion do not alp:thereon, of a community redevelopment agency to subsection (6) for such year shall be: sue any remed
incurred as a result of redevelopment in a community (a) Returned to each taxing authority which paid the I
lien given ours
redevelopment area have been paid. increment in the proportion that the amount of the pay- is patty on its re
(4) The revenue bonds and notes of every issue ment of such taxing authority bears to the total amount munity redeye
under this part are payable solely out of revenues paid into the trust fund by all taxing authorities within the , (2) The pr_
pledged to and received by a community redevelop- redevelopment area for that year munity redeye
ment agency and deposited to its redeveiopment trust (b) Used to reduce the amount of any indebtedness purposes of t-
fund. The lien created by such bonds or notes shall not to which increment revenues are pledged; used for esse
attach until the revenues referred to herein are depos- (c) Deposited into an escrow account for the pur- and such proc
ited in the redevelopment trust fund at the times,and to pose of later reducing any indebtedness to which incre- party,the coy
the extent that. such revenues accrue. The holders of ment revenues are pledged; or thereof. How,
such bonds or notes have no right to require the impose (d) Appropriated to a specific redevelopment proj- when the coin
tion of any tax or the establishment of any rate of taxa- ect pursuant to an approved community redevelopment ment agency
tion in order to obtain the amounts necessary to pay and plan which project will be completed within 3 years from such propert:,
retire such bonds or notes. the date of such appropriation. purchaser or
(5) Revenue bonds issued under the provisions of (8) Each community redevelopment agency shall • to tax exemp
History.—s 14
this part shall not be deemed to constitute a debt,liabil- provide for an independent financal audit of the trust
ity.or obligation of the local governing body or the state fund each fiscal year and a report of such audit. Such 163.400 C
or any political subdivision thereof, or a pledge of the report shall describe the amount and source of deposits (1) For th-
fa th and credit of the local governing body or the state into, and the amount and purpose of withdrawals from, taking,or car-
or any political subdivision thereof,but shall be payable the trust fund during such fiscal year and the amount of related activit
solely from the revenues provided therefor.All such rev- principal and interest paid during such year on any may, upon su
enue bonds shall contain on the face thereof a state- indebtedness to which is pledged increment revenues it may deters
ment to the effect that the agency shall not be obligated and the remaining amount of such indebtedness. The (a) Ded'c
to pay the same or the interest thereon except from the agency shall provide a copy of the report to each taxing in any prope•
revenues of the community redevelopment agency held authority. rights or pr•.
for that purpose and that neither the faith and credit nor v'�°ry.-5 ,1 a,.n-s91 s 75s =n 79-40Q s 9 Cr,e3-231;s is=�, 84 356. (b) Incur •
P P 5 zr.cn e�-zz. s.�,a, e,-as 5 , a, x�zee
the taxing power of the local governing body or of the ments made
state or of any political subdivision thereof is pledged to 163.390 Bonds as legal investments.—All banks, ers granted
the payment of the principal of,or the interest on, such trust companies, bankers, savings banks and institu- (c) Do ar
bonds. tions, budding and loan associations, savings and loan ate in the pia
(6) Moneys in the redevelopment trust fund may be associations, investment companies,and other persons • velopment p
expended from time to time for the following purposes, carrying on a banking or investment business;all insur- . (d) Lend
wnen directly related to financing or refinancing of rede- ance companies,insurance associations,and other per- municipality.
velopment in a community redevelopment area pursu- sons carrying on an insurance business;and all execu- advances,lc,
ant to an approved community redevelopment plan: tors, administrators, curators, trustees, and other fidu- of financial
(a) Administrative and overhead expenses neces- ciaries may legally invest any sinking funds, moneys,or the state, the
sary or incidental to the implementation of a community other funds belonging to them or within their control in ••
source.
redevelopment plan adopted by the agency. any bonds or other obligations issued by a county or (e) Enter
(b) Expenses of redevelopment planning, surveys, municipality pursuant to this part or by any community any period, r
and financial analysis, including the reimbursement of redevelopment agency vested with community redevel- to the contra
the governing body or the community redevelopment opment powers. Such bonds and other obligations shall a municipalit
1188
F.S. 1993 F.S. 1993 INTERGOVERNMENTAL PROGRAMS Ch. 163
re the redevel- be authorized security for all public deposits. It is the to be taken pursuant to any of the powers granted by
11.o
purpose of this section to authorize all persons,political this part, including the furnishing of funds or other
the redevelop- subdivisions, and officers, public or private, to use any assistance in connection with community redevelop-
funds owned or controlled by them for the purchase of ment and related activities.
any redevelop any such bonds or other obligations.Nothing contained (f) Cause public buildings and public facilities,
on of site occu in this section with regard to legal investments shall be including parks, playgrounds, recreational, community,
construed as relieving any person of any duty of exercis- educational, water, sewer, or drainage facilities, or any
inQ r�easonable care in selecting securities. other works which it is otherwise ern wered to under-
nterest or any 1'--s 13.ch.69-335.s 12.ch.77-391.s 16,ch.84-356
ems, bond take to be furnished; furnish, dedicate, close, vacate,
indebtedness. 163.395 Property exempt from taxes and from levy pave, install, grade, regrade, plan, or replan streets,
-,ected with the and sale by virtue of an execution.— roads, sidewalks,ways, or other places; plan or replan
or purchase of (1) All property of any county, municipality, or corn- or zone or rezone any part of the public body or make
or other form of munity redevelopment agency, including funds, owned exceptions from building regulations;and cause admin-
any reserve, or held by it for the purposes of this part are exempt from istrative and other services to be furnished to the county
•tided for in the levy and sale by virtue of an execution;and no execution or municipality.
bonds, notes, or other judicial process may issue against the same, If at any time title to or possession of any property in a
nor shall judgment against the county, municipality, or community redevelopment area is held by any public
f the commu community redevelopment agency be a charge or lien body or governmental agency,other than the county or
which remains upon such property.However,the provisions of this sec-
, municipality,but including any agency or instrumentality
:uses pursuant tion do not apply to or limit the right of obligees to pur of the United States, which is authorized by law to
sue any remedies for the enforcement of any pledge or engage in the undertaking, carrying out, or administra-
which paid the lien given pursuant to this part by the county or munici-
.;nt of the pay- pality on its rents, fees, grants, or revenues from corn- lion of community redevelopment and related activities,
munityredevelopment. the provisions of the agreements referred to in this sec-
total amountbenefit
tion shall inure to the bfit of and maybeenforced
-ties within the (2) The property of the county,municipality,or com- by
munity redevelopment agency acquired or held for the such oublic body or governmental agency. As used n
ndebtedness purposes of this part is declared to be public property this subsection, the term "county or municipality also
used for essential public and governmental purposes, includes a community redevelopment agency.
y' (2) Any sale, conveyance, lease, or agreement pro-
It for the pur- and such property is exempt from all taxes of the munici- vided for in this section may be made by a public body
-o which mere_ pality,the county,or the state or any political subdivision
thereof. However, such tax exemption will terminate without appraisal, public notice,advertisement,or pub
nt proj- when the county,municipality,or community redevelop- lic bidding.
oP (3) For the purpose of aiding in the planning,under-
development ment agency sells. leases, or otherwise disposes of
3 years from such property in a community redevelopment area to a taking,or carrying out of any community redevelopment
purchaser or lessee which is not a public body entitled and related activities of a community redevelopment
agency shall to tax exemption with respect to such property. agency or a housing authority hereunder. any county or
t of iestory.—s 14•ch 69-305 $ 13,ch 77-391 s 17.ch 84-356 municipality may, in addition to its other powers and
;t audit.fthe Such trust upon such terms, with or without consideration, as it
163.400 Cooperation by public bodies.— determines, do and perform any or all of the actions or
:e of deposits (1) For the purpose of aiding in the planning, under- things which,by the provisions of subsection(1),a pub-
-drawats from, taking,or carrying out of community redevelopment and lic body is authorized to do or perform,including the fur-
the amount of related activities authorized by this part,any public body nishing of financial and other assistance.
- year on any may, upon such terms,with or without consideration,as (4) For the purposes of this section, or for the pur-
-tent revenues it may determine: pose of aiding in the planning, undertaking, or carrying
otedness. The (a) Dedicate,sell,convey,or lease any of its interest out of community redevelopment and related activities
to each taxing in any property or grant easements, licenses, or other of a county or municipality, such county or municipality
3 rs rights or privileges therein to a county or municipality. may,in addition to any authority to issue bonds pursuant
(b) Incur the entire expense of any public improve- to s. 163.385,issue and sell its general obligation bonds.
ments made by such public body in exercising the pow- Any bonds issued by the county or municipality pursu-
ts.—All banks, ers granted in this section. ant to this section shall be issued in the manner and
"s and institu- (c) Do any and all things necessary to aid or cooper- within the limitations prescribed by the applicable laws
.ings and loan ate in the planning or carrying out of a community rede- of this state for the issuance and authorization of general
• other persons velopment plan and related activities. obligationby such county or municipality. Noth-
bonds
less;all insur- (d) Lend, grant, or contribute funds to a county or ing in this section shall limit or otherwise adversely affect
and other per- municipality; borrow money; and apply for and accept any other section of this part.
and an execu- advances,loans,grants,contributions,or any other form ►Mlay.s 15.cn.69-305,s 14,ch 77-391.s.79.ch 79-400:s 18.ch.84-356
:nd other fidu- of financial assistance from the Federal Government,
is,moneys,or the state, the county,another public body, or any other 163.405 Title of purchaser.—Any instrument exe-
their control in source. cuted by any county, municipality, or community rede-
Dy a county or (e) Enter into agreements, which may extend over velopment agency and purporting to convey any right,
:riy community any period, notwithstanding any provision or rule of law title, or interest in any property under this part shall be
unity redevel- to the contrary,with the Federal Government,a county, conclusively presumed to have been executed in corn-
oligations shall a municipality,or another public body respecting action pliance with the provisions of this part insofar as title or
1189
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1993 F.S. 1993
other interest of any bona fide purchasers, lessees, or 163.450 Municipal and county participation in (1) The Le
transferees of such property is concerned. neighborhood development programs under Pub. L amongthe a
1Miory.-s 16.ch.69-305.s 15.ch.77-391
m
No. 90-448.—Nothing contained herein shall be con- and residentia
163.410 Exercise of powers in counties with home strued to prevent a county or municipality which is lowing: prolife
engaging in community redevelopment activities here- strangled b•
rule charters.—In any county which has adopted a g 7
under from participating in the neighborhood develop- topography.
home rule charter, the powers conferred by this part ment program under the Housing and Urban Develop- j uses nd par.
shall be exercised exclusively by the governing body of ment Act of 1968(Pub. L. No.90-448)or in any amend- bile moveme-
such county. However,the governing body of any such ments subsequent thereto. from automoc
county which has adopted a home rule charter may, in History.—s 26.ch e9-335.s 19,ch.85-80
fic lanes and •
its discretion,by resolution delegate the exercise of the I from automot
powers conferred upon the county by this part within the PART IV (2) The Le
boundaries of a municipality to the governing body of
safe neighbor-
such a municipality.Such a delegation to a municipality NEIGHBORHOOD IMPROVEMENT DISTRICTS implementat.-
shall confer only such powers upon a municipality as concepts, co•-
shall be specifically enumerated in the delegating reso- 163.501 Short title. land use rec..:
lution. Any power not specifically delegated shall be 163.502 Safe neighborhoods;legislative findings and niques.
reserved exclusively to the governing body of the purpose. (3) The Le
county. This section does not affect any community 163.503 Safe neighborhoods; definitions. the provisions
redevelopment agency created by a municipality prior to 163.5035 Safe neighborhood improvement districts; local govern-
the adoption of a county home rule charter. compliance with special district prove- cial depende-•
rssory.-s 17.ch 69-305 s 1 ch.83-29 sions. neighborhooc
163.504 Safe neighborhood improvement districts: guide and ac_
163.415 Exercise of powers in counties without planning funds. harmonious c
home rule charters.—The powers conferred by this part 163 5055 Registration of district establishment; nonce mote the hea
upon counties not having adopted a home rule charter areas and
shall not be exercised within the boundaries of a munici- of dissolution and workers
party within said county unless the governing body of 163 506 Local government neighborhood improve erty values ti-
the municipality expresses its consent by resolution. disc districts; creation; advisory coups : attractive nee;
Such a resolution consenting to the exercise of the pow- dissolution. prevent over:
ers conferred upon counties by this part shall specifi- 163.508 Property owners' association neighborhood redirect aut=
improvement districts; creation; powers
sally enumerate the powers to be exercised by the safety; to rec-
county within the boundaries of the municipality. Any and duties; duration. the commiss-
ec
power not specifically enumerated in such a resolution 163 511 Special neighborhood improvement d s in neighoorn
of consent shall be exercised exclusively by the munici- tr creation; referendum; board of (4) It s tie
palely within its boundaries. direectct ors; duration; extension. governments
wssory.-s 18.a,.69-305 163.512 Community redevelopment neighborhood ' prevention thr
improvement districts; creation; advisory tal security,ar
163.430 Powers supplemental to existing commu- council; dissolution. i lish safe neig
nity redevelopment powers.—The powers conferred 163.513 Crime prevention through environmental declares that
upon counties or municipalities by this part shall be sup- design, environmental security, and vation, and re.
plemental to any community redevelopment powers defensible space functions of neighbor- and all the pur•
now being exercised by any county or municipality in hood improvement districts. . which public
accordance with the provisions of any population act, 163.514 Powers of neighborhood improvement tits- loaned, and e-
special act, or under the provisions of the home rule tricts. 0'v.-s 56
charter for Dade County, or under the provision of the 163.5151 Fiscal management; budget preparation. 163.503 Ss
charter of the consolidated City of Jacksonville. 163.516 Safe neighborhood improvement plans. (1) 'Safe
Nsrory.—s 21.m.69-305 163.517 Safe Neighborhoods Trust Fund.
9 trio; or 'nelg
163.445 Assistance to community redevelopment 163.519 Duties of Department of Legal Affairs. district locates
by state agencies.—State agencies may provide techni 163.521 Neighborhood improvement district inside of the land is
enterprise zone, funding. in which more
cal and advisory assistance,upon request,to municipal- 163 5215 Effect. commercial,
ities,counties,and community redevelopment agencies 163.522 State redevelopment programs. excluding the
for community redevelopment as defined in this part. 163.523 Safe neighborhood districts; cooperation where there is
Such assistance may include, but need not be limited
of
to, preparation of workable programs, relocation plan- and involvement of community organiza design,me v
tions. env;r.
ning, special statistical and other studies and compila- techniques. N
tions, technical evaluations and information, training 163.501 Short title.—This part may be cited as the inclusion of pt.
activities,professional services, surveys,reports,docu- "Safe Neighborhoods Act.' - district althouc
ments, and any other similar service functions. If suffi- Hlswry•—s.55.ch 87-243;s.1.a,.91-86. ities is exclude
cient funds and personnel are available, these services (2) 'Assoc
shall be provided without charge. 163.502 Safe neighborhoods; legislative findings
tion which is
Istory.—s 25,ch.69-305.s 16.cr.77-391 s 19 ch.91-356 and purpose.— and operating
1190