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Florida Senate - 2025 CS for SB 1242 By the Committee on Rules; and Senator McClain 595-03806-25 20251242c1 1 A bill to be entitled 2 An act relating to community redevelopment agencies; 3 amending s. 163.356, F.S.; revising the structure of 4 community redevelopment agencies to require a 5 governing body to declare itself to be an agency; 6 authorizing a governing body to appoint additional 7 members of the agency under certain circumstances; 8 providing for terms of such additional members; 9 providing construction; repealing s. 163.357, F.S., 10 relating to the governing body as the community 11 redevelopment agency; amending s. 163.361, F.S.; 12 prohibiting a governing body from adopting any 13 modification to a community redevelopment plan which 14 expands the boundaries of the community redevelopment 15 area or extends the time certain set forth in the 16 redevelopment plan; amending s. 163.370, F.S.; 17 revising the authorized activities of community 18 redevelopment agencies; prohibiting community 19 redevelopment agencies from paying for or financing by 20 increment revenues certain projects; amending s. 21 163.3755, F.S.; revising the date on which community 22 redevelopment agencies must terminate; prohibiting a 23 community redevelopment agency from extending the 24 maturity date of outstanding bonds beyond a time 25 certain; amending ss. 112.3143, 163.340, 163.346, 26 163.360, 163.367, 163.380, and 163.512, F.S.; 27 conforming provisions to changes made by the act; 28 providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Subsections (2), (3), and (4) of section 33 163.356, Florida Statutes, are amended to read: 34 163.356Creation of community redevelopment agency. 35 (2)(a)When the governing body adopts a resolution 36 declaring the need for a community redevelopment agency, that 37 body shall, by ordinance, declare itself to be an agency. All 38 the rights, powers, duties, privileges, and immunities vested by 39 this part in an agency will be vested in the governing body, 40 subject to all responsibilities and liabilities imposed or 41 incurred. The members of the governing body shall be the members 42 of the agency, but such members constitute the head of a legal 43 entity, separate, distinct, and independent from the governing 44 body of the county or municipality. Members of an agency shall 45 receive no compensation for services, but may be entitled to the 46 necessary expenses incurred in the discharge of duties, 47 including travel expenses. 48 (b)A governing body that consists of five members may 49 appoint two additional persons to act as members of the 50 community redevelopment agency. The term of office of these 51 additional members is 4 years, except that the first person 52 appointed shall initially serve a term of 2 years appoint a 53 board of commissioners of the community redevelopment agency, 54 which shall consist of not fewer than five or more than nine 55 commissioners. The terms of office of the commissioners shall be 56 for 4 years, except that three of the members first appointed 57 shall be designated to serve terms of 1, 2, and 3 years, 58 respectively, from the date of their appointments, and all other 59 members shall be designated to serve for terms of 4 years from 60 the date of their appointments. A vacancy occurring during a 61 term shall be filled for the unexpired term. 62 (c)As provided in an interlocal agreement between the 63 governing body that created the agency and one or more taxing 64 authorities, one or more members of the board of commissioners 65 of the agency may be representatives of a taxing authority, 66 including members of that taxing authoritys governing body, 67 whose membership on the board of commissioners of the agency 68 would be considered an additional duty of office as a member of 69 the taxing authority governing body. 70 (d)This subsection does not amend, or require the 71 amendment of, the structure, membership, or bylaws of any board 72 of commissioners of an agency in existence on October 1, 2025. 73 (3)(a)A commissioner shall receive no compensation for 74 services, but is entitled to the necessary expenses, including 75 travel expenses, incurred in the discharge of duties. Each 76 commissioner shall hold office until his or her successor has 77 been appointed and has qualified. A certificate of the 78 appointment or reappointment of any commissioner shall be filed 79 with the clerk of the county or municipality, and such 80 certificate is conclusive evidence of the due and proper 81 appointment of such commissioner. 82 (b)The powers of a community redevelopment agency shall be 83 exercised by the commissioners thereof. A majority of the 84 commissioners constitutes a quorum for the purpose of conducting 85 business and exercising the powers of the agency and for all 86 other purposes. Action may be taken by the agency upon a vote of 87 a majority of the commissioners present, unless in any case the 88 bylaws require a larger number. Any person may be appointed as 89 commissioner if he or she resides or is engaged in business, 90 which means owning a business, practicing a profession, or 91 performing a service for compensation, or serving as an officer 92 or director of a corporation or other business entity so 93 engaged, within the area of operation of the agency, which shall 94 be coterminous with the area of operation of the county or 95 municipality, and is otherwise eligible for such appointment 96 under this part. 97 (c)The governing body of the county or municipality shall 98 designate a chair and vice chair from among the commissioners. 99 An agency may employ an executive director, technical experts, 100 and such other agents and employees, permanent and temporary, as 101 it requires, and determine their qualifications, duties, and 102 compensation. For such legal service as it requires, an agency 103 may employ or retain its own counsel and legal staff. 104 (d)An agency authorized to transact business and exercise 105 powers under this part shall file with the governing body the 106 report required pursuant to s. 163.371(2). 107 (e)At any time after the creation of a community 108 redevelopment agency, the governing body of the county or 109 municipality may appropriate to the agency such amounts as the 110 governing body deems necessary for the administrative expenses 111 and overhead of the agency, including the development and 112 implementation of community policing innovations. 113 (4)The governing body may remove a commissioner for 114 inefficiency, neglect of duty, or misconduct in office only 115 after a hearing and only if he or she has been given a copy of 116 the charges at least 10 days prior to such hearing and has had 117 an opportunity to be heard in person or by counsel. 118 Section 2.Section 163.357, Florida Statutes, is repealed. 119 Section 3.Subsections (1), (3), and (4) of section 120 163.361, Florida Statutes, are amended to read: 121 163.361Modification of community redevelopment plans. 122 (1)If at any time after the approval of a community 123 redevelopment plan by the governing body it becomes necessary or 124 desirable to amend or modify such plan, the governing body may 125 amend such plan upon the recommendation of the agency. The 126 agency recommendation to amend or modify a redevelopment plan 127 may include a change in the boundaries of the redevelopment area 128 to add land to or exclude land from the redevelopment area, or 129 may include the development and implementation of community 130 policing innovations. 131 (3)(a)The governing body may not adopt In addition to the 132 requirements of s. 163.346, and prior to the adoption of any 133 modification to a community redevelopment plan that expands the 134 boundaries of the community redevelopment area or extends the 135 time certain set forth in the redevelopment plan as required by 136 s. 163.362(10), the agency shall report such proposed 137 modification to each taxing authority in writing or by an oral 138 presentation, or both, regarding such proposed modification. 139 (b)For any community redevelopment agency that was not 140 created pursuant to a delegation of authority under s. 163.410 141 by a county that has adopted a home rule charter and that 142 modifies its adopted community redevelopment plan in a manner 143 that expands the boundaries of the redevelopment area after 144 October 1, 2006, the following additional procedures are 145 required prior to adoption by the governing body of a modified 146 community redevelopment plan: 147 1.Within 30 days after receipt of any report of a proposed 148 modification that expands the boundaries of the redevelopment 149 area, the county may provide notice by registered mail to the 150 governing body of the municipality and the community 151 redevelopment agency that the county has competing policy goals 152 and plans for the public funds the county would be required to 153 deposit to the community redevelopment trust fund under the 154 proposed modification to the community redevelopment plan. 155 2.If the notice required in subparagraph 1. is timely 156 provided, the governing body of the county and the governing 157 body of the municipality that created the community 158 redevelopment agency shall schedule and hold a joint hearing co 159 chaired by the chair of the governing body of the county and the 160 mayor of the municipality, with the agenda to be set by the 161 chair of the governing body of the county, at which the 162 competing policy goals for the public funds shall be discussed. 163 For those community redevelopment agencies for which the board 164 of commissioners of the community redevelopment agency are 165 comprised as specified in s. 163.356(2), a designee of the 166 community redevelopment agency shall participate in the joint 167 meeting as a nonvoting member. Any such hearing shall be held 168 within 90 days after receipt by the county of the recommended 169 modification of the adopted community redevelopment plan. Prior 170 to the joint public hearing, the county may propose an 171 alternative modified community redevelopment plan that meets the 172 requirements of s. 163.360 to address the conditions identified 173 in the resolution making a finding of necessity required under 174 s. 163.355. If such an alternative modified redevelopment plan 175 is proposed by the county, such plan shall be delivered to the 176 governing body of the municipality that created the community 177 redevelopment agency and the executive director or other officer 178 of the community redevelopment agency by registered mail at 179 least 30 days prior to holding the joint meeting. 180 3.If the notice required in subparagraph 1. is timely 181 provided, the municipality may not proceed with the adoption of 182 a modified plan until 30 days after the joint hearing unless the 183 governing body of the county has failed to schedule or a 184 majority of the members of the governing body of the county have 185 failed to attend the joint hearing within the required 90-day 186 period. 187 4.Notwithstanding the time requirements established in 188 subparagraphs 2. and 3., the county and the municipality may at 189 any time voluntarily use the dispute resolution process 190 established in chapter 164 to attempt to resolve any competing 191 policy goals between the county and municipality related to the 192 community redevelopment agency. Nothing in this subparagraph 193 grants the county or the municipality the authority to require 194 the other local government to participate in the dispute 195 resolution process. 196 (4)A modification to a community redevelopment plan that 197 includes a change in the boundaries of the redevelopment area to 198 add land must be supported by a resolution as provided in s. 199 163.355. 200 Section 4.Paragraph (c) of subsection (2) of section 201 163.370, Florida Statutes, is amended, and paragraph (d) is 202 added to subsection (3) of that section, to read: 203 163.370Powers; counties and municipalities; community 204 redevelopment agencies. 205 (2)Every county and municipality shall have all the powers 206 necessary or convenient to carry out and effectuate the purposes 207 and provisions of this part, including the following powers in 208 addition to others herein granted: 209 (c)To undertake and carry out community redevelopment and 210 related activities within the community redevelopment area, 211 which may include: 212 1.Acquisition of property within a slum area or a blighted 213 area by purchase, lease, option, gift, grant, bequest, devise, 214 or other voluntary method of acquisition. 215 2.Demolition and removal of buildings and improvements. 216 3.Installation, construction, or reconstruction of 217 streets, utilities, parks, playgrounds, public areas of major 218 hotels that are constructed in support of convention centers, 219 including meeting rooms, banquet facilities, parking garages, 220 lobbies, and passageways, and other improvements necessary for 221 carrying out in the community redevelopment area the community 222 redevelopment objectives of this part in accordance with the 223 community redevelopment plan. 224 4.Disposition of any property acquired in the community 225 redevelopment area at its fair value as provided in s. 163.380 226 for uses in accordance with the community redevelopment plan. 227 5.Carrying out plans for a program of voluntary or 228 compulsory repair and rehabilitation of buildings or other 229 improvements in accordance with the community redevelopment 230 plan. 231 6.Acquisition by purchase, lease, option, gift, grant, 232 bequest, devise, or other voluntary method of acquisition of 233 real property in the community redevelopment area which, under 234 the community redevelopment plan, is to be repaired or 235 rehabilitated for dwelling use or related facilities, repair or 236 rehabilitation of the structures for guidance purposes, and 237 resale of the property. 238 7.Acquisition by purchase, lease, option, gift, grant, 239 bequest, devise, or other voluntary method of acquisition of any 240 other real property in the community redevelopment area when 241 necessary to eliminate unhealthful, unsanitary, or unsafe 242 conditions; lessen density; eliminate obsolete or other uses 243 detrimental to the public welfare; or otherwise to remove or 244 prevent the spread of blight or deterioration or to provide land 245 for needed public facilities. 246 8.Acquisition, without regard to any requirement that the 247 area be a slum or blighted area, of air rights in an area 248 consisting principally of land in highways, railway or subway 249 tracks, bridge or tunnel entrances, or other similar facilities 250 which have a blighting influence on the surrounding area and 251 over which air rights sites are to be developed for the 252 elimination of such blighting influences and for the provision 253 of housing (and related facilities and uses) designed 254 specifically for, and limited to, families and individuals of 255 low or moderate income. 256 9.Acquisition by purchase, lease, option, gift, grant, 257 bequest, devise, or other voluntary method of acquisition of 258 property in unincorporated enclaves surrounded by the boundaries 259 of a community redevelopment area when it is determined 260 necessary by the agency to accomplish the community 261 redevelopment plan. 262 10.Construction of foundations and platforms necessary for 263 the provision of air rights sites of housing (and related 264 facilities and uses) designed specifically for, and limited to, 265 families and individuals of low or moderate income. 266 (3)The following projects may not be paid for or financed 267 by increment revenues: 268 (d)Sponsorship, whether direct or indirect, of concerts, 269 festivals, holiday events, parades, or similar activities. 270 Section 5.Section 163.3755, Florida Statutes, is amended 271 to read: 272 163.3755Termination of community redevelopment agencies. 273 (1)A community redevelopment agency in existence on 274 October 1, 2019, shall terminate on the time certain for 275 completing all redevelopment expiration date provided in the 276 agencys charter as required by s. 163.362(10) or as may have 277 been extended by ordinance or resolution before May 1, 2025 on 278 October 1, 2019, or on September 30, 2039, whichever is earlier, 279 unless the governing body of the county or municipality that 280 created the community redevelopment agency approves its 281 continued existence by a majority vote of the members of the 282 governing body. 283 (2)(a)If the governing body of the county or municipality 284 that created the community redevelopment agency does not approve 285 its continued existence by a majority vote of the governing body 286 members, A community redevelopment agency with outstanding bonds 287 as of October 1, 2025 2019, that do not mature until after the 288 time certain for completing all redevelopment termination date 289 of the agency or September 30, 2039, whichever is earlier, 290 remains in existence until the date the bonds mature. 291 (b)A community redevelopment agency operating under this 292 subsection on or after September 30, 2039, may not extend the 293 maturity date of any outstanding bonds beyond the time certain 294 for completing all redevelopment. 295 (c)The county or municipality that created the community 296 redevelopment agency must issue a new finding of necessity 297 limited to timely meeting the remaining bond obligations of the 298 community redevelopment agency. 299 Section 6.Paragraph (b) of subsection (3) of section 300 112.3143, Florida Statutes, is amended to read: 301 112.3143Voting conflicts. 302 (3) 303 (b)However, a commissioner of a community redevelopment 304 agency created or designated pursuant to s. 163.356 or s. 305 163.357, or an officer of an independent special tax district 306 elected on a one-acre, one-vote basis, is not prohibited from 307 voting, when voting in said capacity. 308 Section 7.Subsection (1) of section 163.340, Florida 309 Statutes, is amended to read: 310 163.340Definitions.The following terms, wherever used or 311 referred to in this part, have the following meanings: 312 (1)Agency or community redevelopment agency means a 313 public agency created by, or designated pursuant to, s. 163.356 314 or s. 163.357. 315 Section 8.Section 163.346, Florida Statutes, is amended to 316 read: 317 163.346Notice to taxing authorities.Before the governing 318 body adopts any resolution or enacts any ordinance required 319 under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates 320 a community redevelopment agency; approves, adopts, or amends a 321 community redevelopment plan; or issues redevelopment revenue 322 bonds under s. 163.385, the governing body must provide public 323 notice of such proposed action pursuant to s. 125.66(2) or s. 324 166.041(3)(a) and, at least 15 days before such proposed action, 325 mail by registered mail a notice to each taxing authority which 326 levies ad valorem taxes on taxable real property contained 327 within the geographic boundaries of the redevelopment area. 328 Section 9.Paragraph (b) of subsection (6) of section 329 163.360, Florida Statutes, is amended to read: 330 163.360Community redevelopment plans. 331 (6) 332 (b)For any governing body that has not authorized by June 333 5, 2006, a study to consider whether a finding of necessity 334 resolution pursuant to s. 163.355 should be adopted, has not 335 adopted a finding of necessity resolution pursuant to s. 163.355 336 by March 31, 2007, has not adopted a community redevelopment 337 plan by June 7, 2007, and was not authorized to exercise 338 community redevelopment powers pursuant to a delegation of 339 authority under s. 163.410 by a county that has adopted a home 340 rule charter, the following additional procedures are required 341 prior to adoption by the governing body of a community 342 redevelopment plan under subsection (7): 343 1.Within 30 days after receipt of any community 344 redevelopment plan recommended by a community redevelopment 345 agency under subsection (5), the county may provide written 346 notice by registered mail to the governing body of the 347 municipality and to the community redevelopment agency that the 348 county has competing policy goals and plans for the public funds 349 the county would be required to deposit to the community 350 redevelopment trust fund under the proposed community 351 redevelopment plan. 352 2.If the notice required in subparagraph 1. is timely 353 provided, the governing body of the county and the governing 354 body of the municipality that created the community 355 redevelopment agency shall schedule and hold a joint hearing co 356 chaired by the chair of the governing body of the county and the 357 mayor of the municipality, with the agenda to be set by the 358 chair of the governing body of the county, at which the 359 competing policy goals for the public funds shall be discussed. 360 For those community redevelopment agencies in existence on 361 October 1, 2025, for which the board of commissioners of the 362 community redevelopment agency are comprised as specified in s. 363 163.356(2), Florida Statutes 2024, a designee of the community 364 redevelopment agency shall participate in the joint meeting as a 365 nonvoting member. Any such hearing must be held within 90 days 366 after receipt by the county of the recommended community 367 redevelopment plan. Prior to the joint public hearing, the 368 county may propose an alternative redevelopment plan that meets 369 the requirements of this section to address the conditions 370 identified in the resolution making a finding of necessity 371 required by s. 163.355. If such an alternative redevelopment 372 plan is proposed by the county, such plan shall be delivered to 373 the governing body of the municipality that created the 374 community redevelopment agency and to the executive director or 375 other officer of the community redevelopment agency by 376 registered mail at least 30 days prior to holding the joint 377 meeting. 378 3.If the notice required in subparagraph 1. is timely 379 provided, the municipality may not proceed with the adoption of 380 the plan under subsection (7) until 30 days after the joint 381 hearing unless the governing body of the county has failed to 382 schedule or a majority of the members of the governing body of 383 the county have failed to attend the joint hearing within the 384 required 90-day period. 385 4.Notwithstanding the time requirements established in 386 subparagraphs 2. and 3., the county and the municipality may at 387 any time voluntarily use the dispute resolution process 388 established in chapter 164 to attempt to resolve any competing 389 policy goals between the county and municipality related to the 390 community redevelopment agency. Nothing in this subparagraph 391 grants the county or the municipality the authority to require 392 the other local government to participate in the dispute 393 resolution process. 394 Section 10.Subsection (1) of section 163.367, Florida 395 Statutes, is amended to read: 396 163.367Public officials, commissioners, and employees 397 subject to code of ethics. 398 (1)The officers, commissioners, and employees of a 399 community redevelopment agency created by, or designated 400 pursuant to, s. 163.356 or s. 163.357 are subject to part III of 401 chapter 112, and commissioners also must comply with the ethics 402 training requirements as imposed in s. 112.3142. 403 Section 11.Paragraph (a) of subsection (3) of section 404 163.380, Florida Statutes, is amended to read: 405 163.380Disposal of property in community redevelopment 406 area.The disposal of property in a community redevelopment area 407 which is acquired by eminent domain is subject to the 408 limitations set forth in s. 73.013. 409 (3)(a)Prior to disposition of any real property or 410 interest therein in a community redevelopment area, any county, 411 municipality, or community redevelopment agency shall give 412 public notice of such disposition by publication in a newspaper 413 having a general circulation in the community, at least 30 days 414 prior to the execution of any contract to sell, lease, or 415 otherwise transfer real property and, prior to the delivery of 416 any instrument of conveyance with respect thereto under the 417 provisions of this section, invite proposals from, and make all 418 pertinent information available to, private redevelopers or any 419 persons interested in undertaking to redevelop or rehabilitate a 420 community redevelopment area or any part thereof. Such notice 421 shall identify the area or portion thereof and shall state that 422 proposals must be made by those interested within 30 days after 423 the date of publication of the notice and that such further 424 information as is available may be obtained at such office as is 425 designated in the notice. The county, municipality, or community 426 redevelopment agency shall consider all such redevelopment or 427 rehabilitation proposals and the financial and legal ability of 428 the persons making such proposals to carry them out; and the 429 county, municipality, or community redevelopment agency may 430 negotiate with any persons for proposals for the purchase, 431 lease, or other transfer of any real property acquired by it in 432 the community redevelopment area. The county, municipality, or 433 community redevelopment agency may accept such proposal as it 434 deems to be in the public interest and in furtherance of the 435 purposes of this part. Except In the case of a community 436 redevelopment agency in existence on October 1, 2025, for which 437 the board of commissioners of the community redevelopment agency 438 is comprised as specified in s. 163.356(2), Florida Statutes 439 2024 governing body acting as the agency, as provided in s. 440 163.357, a notification of intention to accept such proposal 441 must be filed with the governing body not less than 30 days 442 prior to any such acceptance. Thereafter, the county, 443 municipality, or community redevelopment agency may execute such 444 contract in accordance with the provisions of subsection (1) and 445 deliver deeds, leases, and other instruments and take all steps 446 necessary to effectuate such contract. 447 Section 12.Paragraph (d) of subsection (1) of section 448 163.512, Florida Statutes, is amended to read: 449 163.512Community redevelopment neighborhood improvement 450 districts; creation; advisory council; dissolution. 451 (1)Upon the recommendation of the community redevelopment 452 agency and after a local planning ordinance has been adopted 453 authorizing the creation of community redevelopment neighborhood 454 improvement districts, the local governing body of a 455 municipality or county may create community redevelopment 456 neighborhood improvement districts by the enactment of a 457 separate ordinance for each district, which ordinance: 458 (d)Designates the community redevelopment board of 459 commissioners established pursuant to s. 163.356 or s. 163.357 460 as the board of directors for the district. 461 Section 13.This act shall take effect July 1, 2025.
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