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CAO 02-04TO: FROM: SUBJECT: DATE: CITY OF MIAMI BEACH O~'FiCE OF THE CITY ATTORNEY MEMORANDUM Jorge M. Gonzalez City Manager CMO No. 2-11/01 CAO No. 02-04 Murray H. Dubbi~, ~ ~(~[ ~'~ City Attorney '~}k ~l~.',J'" ~ Lawrence A. Levy First Assistant City A~:or,~ey Amendment to the City Center Redevelopment Plan to Develop and Fund Community Policing Initiatives February 4, 2002 QUESTION: VVhat are the steps necessary to amend the City CentedHistofic Convention Village Redevelopment Plan (the "Redevelopment Plan"), adopted by the Mayor and City Commission and the Board of the Miami Beach Re:Jc-ve!oom~-~.t Agency (the "Agency" or "RDA") on February 12, 1993, to in~pi_~ment ,~C fund Community Policing Innovations within the City Center/Historic Convention Village Redevelopment Area (the "Area"). ANSWER: The procedures set forth in your Memorandum of November 8, 2001, are essentially correct. DISCUSSION: Section 163.340(23), Florida Statutes, defines "Community Policing Innovation" as "...a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patroL" In order to implement and fund Community Policing Innovations in the Area, Community Policing Innovations must be part of the Redevelopment Plan for the Area. See, §163.360, Florida Statutes. Section 163.361, Florida Statutes, specifically authorizes modification of the Redevelopment Plan to include development and implementation of Community Policing Innovations. The following are the steps necessaw to modify the Redevelopment Plan. They are essentially those noted in your Memorandum of November 8, 2001, however, we have clarified the process and added some additional detail to the steps outlined in your CAO request. Amend or modify the Redevelopment Plan to include development and implementation of a community policing plan. Section 163.410, Florida Statutes, provides that "In any county which has adopted a home rule charter, the powers conferred by this part shaft be exercised exclusively by the governing body of such county. However, the governing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by this part within the boundaries of a municipality to the governing body of such a municipality. Such a delegation to a municipality shaft confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution. Any power not specifically delegated shaft be reserved exclusively to the governing body of the county." Miami-Dade County is a home rule county. Thus, any changes to the Redevelopment plan would have to be approved by the Miami-Dade County Commission, since it has reserved such power to itself, as provided in the Interlocal Agreement discussed in paragraph 2, below. Section 163.361, Florida Statutes, provides that the "governing body" (i.e., the Mayor and City Commission) may amend the Redevelopment Plan upon recommendation of the Agency. Thus, the first step should be resolution from the Agency requesting the Mayor aEtd City Commission to amend the Redevelopment Plan to include development and implementation of Community Policing Innovations. The specific section of the City Center Historic Convention Village Redevelopment and Revitalization Area Plan adopted by the City Commission and the Agency on February 12, 1993 (the "Redevelopment Plan"), that must be amended is Section 104, the "Summary of Plan Objectives". The "Project Proposals" in Section 300 and the "Other Provisions" in Secfior', d00 of the Redevelopment Plan should be thoroughly reviewed by the Administration 2,~d may ~I.~o ,~u=d to be amended in order to fully update the Redevelopment Plan with regard to the proposed Community Policing Innovations. Amend or modify any interiocal agreements with the Miami-Dade County (the "County"). The City has an tnterlocal Agreement with the County, dated November 16, 1993 (the "lnterlocal Agreement"), with regard to the Area. Sections I.A and V. of the Interlocal Agreement require that the County approve any amendments to the Redevelopment Plan. We have reviewed the entire Interlocal Agreement and are of the opinion that no amendment to the Interlocal Agreement is necessary in order to amend the Redevelopment Plan in this particular case. Publish letter of intent to amend the City Center Redevelopment Plan. There is no letter of intent to be published. The applicable statutory requirement calls for public notice to be published in order to hold the public hearing for the Plan amendment discussed below in paragraph 4. Section 163.361(2), Florida Statutes, requires that "The governing body shaft hold a public hearing on a proposed modification of a community redevelopment plan after pubfic notice thereof by publication in a newspaper having a general circulation in the area of operation of the agency." Section 163.360(6) provides, with respect to the creation of community redevelQpment plans, that "The notice shaft describe the time, date, place, and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the general scope of the community redevelopment plan under consideration." The notice for an amendment should provide at least the same content, however, in this instance, the r;,ctice would outline the general scope of the amendment. 4. The City Commission/RDA Board must hold a public hearing. As stated above, the City Commission/RDA Board must hold a public hearing in accordance with Section 163.361(2), Florida Statutes, as described above. This is applicable even though the modification can be accomplished by resolution, rather than by ordinance. At the conclusion of the public hearing, the City Commission and RDA Board should adopt concurrent resolutions to amend the Redevelopment Plan. Upor~ approval by the City Commission/RDA Board, any amendment or modification will be reviewed by the County's CRA Committee. This is an administrative step that is a condition precedent to having the matter placed on the agenda of County Commission. Upon recommendation by the CPA Committee, the County must publish a retter of intent to amend the City Center Redevelopment Plan. This is a notice of public hearing, not a letter of ~,,,--,,,. The same notice requirements described in paragraph 3 are applicable to the County. County Commission holds a public hearing to approve amendment of thC Cit?' Ce;~+er ;':.'e~e'... elo p merit Plan. The statutory requirement for the County Commission to hold a public hearing to amend the Redevelopment Plan stems from Section 163.410, Florida Statutes, discussed above, and Sections I.A and V. of the Interlocal Agreement. also discussed above. This is a power that the County Commission has reserved to itself under those sections of the Interlocal Agreement. In summary., your Memorandum of November 8. 2001 is essentially correct. However. in order to avoid any potential issues with the County, we would recomrr,~e,qa ~na~ ~ne ma~er De submitted, along with drafts o.f the proposed City/RDA resolutions, for an initial informal review by the County CRA Committee prior to placing the issue on the City Commission/RDA agendas. Having such an informal review by that Committee will avoid the possibility of having to go back to the City Commission/RDA Board in the event that the County CRA Committee has any objections or requests any modification to the resolutions. First Assistant City Attorney Lawrence Levy spoke with Geri Bonzon-Keenan, Assistant County Attorney of the County Attorney's Office, on January 23, 2002, and she advised that there is precedent for a preliminary informal review, and that it is a good idea in order to assure approval when the matter is submitted to the County CRA Committee for its formal recommendation to the County Commission. CITY OF MIAMI BEACH Office of the City Manager Request for Legal Opinion C.M.O. Numoer:~- I¢C~I To: From: Subject: Murray ~ Duboin City A[torney Date: Novemeer 8, 2001 Jorce M. Gon.7. alez C~ty Manager AMENDMENT TO TN'E CITY CENTER REDEVELOPMENT PLAN TO DEVELOP AND FUND COM ..... MUNITY PO~-~,...,IG ;N~TIATIVES Recent changes to the Florida Statutes governing Community Development, Chapter 163, Part Ill (see attached) enable community redevelopment areas to implement and fund :ommunity poll_ding initiatives. The ~eceveiopment Agency would like to pursue this opportunity, subject to Board approval, for the City Center Community Redevelopment Area (City Center RDA). Our understanding of the procedure to impiement and fund community policing initiatives in City Center would require the following: 1) Amend or modiT*/ the ~-~¢~ ~ ,= * .=~_v_lopm.n, plan to include development and implementation of a community policing plan. ~-~,,'% ~. ~--~/ 3) 4) 5) 6) 2) Amend or modify any interlocai agreements with the County. Publish I~nt to amend City Center Redevelopment Plan. The City Commission/RDA Board must hold a public hearing. ~------~//~/~. ~.~,///~ Upon approval by the City Commission/RDA Board, any amendment or modification will be reviewed the County's CRA Committee. This board consists of: Herb Padato Tony Crapo Rene Rodriguez Villas Parsons Chuck Biorres Tom Marko Ged Keenen Prope~y Appraiser Director, OCED MD Housing Agency MD Finance Department MD Planning Department Office of Community and Economic Development (OCED) MD County Attorney's Office (305-876-7040) Upon recommendation by the CRA Committee, the County must publish a letter of intent to amend the City Center Redevelopment Plan. Request for Legal Opinion City Center Amendment Community Policing November 8, 2001 Page 2 " 7) County Commission holds a public hearing to approve amendment of the City Center Redevelopment Plan The process to modify the plan{s) was discussed wfth Geri Keenen, a County attorney, as wetl as with Haroid ~rigbasi, a staff member of OCED. Their phone numbers are: Ged Keenen Harald Brigbasi MD County Attorney's Office (305-876-7040) OCED (305) 375-3431 From a legal perspective, is there any other action that the Redevelopment Agency must pursue to properly implement community policing initiatives within the City Center RDA? JMG\C '~\sk - F:\DOHP\SALL\KJLROY~PROJECTS\COMMUNfT'Y .~OLIOING\LEGALOPINE 110601 .DOC attachment(s) c: Kent Bonde C/ty Center Redevelopment Coordinator EXCERPTS OF FLORIDA STATE STATUTES SUPPORTING COMMUNITY POLICING: 163.340 Definitions.--"The following terms, wherever used or referred to in t~is pa~, have the following meanings: . . .(23) "Community policing innovation'" means a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to. communitv mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol', neighborhood storefront police stations, field interrogation, or intensified motorized patrol." 163.350 W')rkabie program.--"Any county or municipality for the purposes of this part,. may formulate for the county or municipality a workable program for utilizing appropriate private and public resources . Such workable program may include . . . the implementation of community policing innovations... i53.356 Creation of community redevelopment agency.- . .... ': (d~, :At any time =,,.=,~"~- the creation of a community redevelopment agency, the governing body of the county or municipality may appropriate to the aoency such amounts as the governing body deems necessary for the administrative ex~nses and overhead of the aoency, including the development and implementation Of community policing innovations. !R3.360 Community redevelopment plans.-~(3) 7'he community redevelo?rF~er~: :";;---n .,z.:sy or~;vide for the development and implementation of commua;W policing innovations. 163.361 Modification of community redevelopment plans.--(1) if at any time after the spproval of a community redevelopment plan by the governing body it becomes necessary or desirable to amend or modifv such plan, the govdrning body may amend such plan upon the recommendation of t~e agency. The agency recommendation to amend or modify a redevelopment plan may include a change in the boundaries of the redevelopment area to add land to or exclude land from the redevelopment area, or may include the development and implementation of community policing innovations. 163.370 Powers; counties and municipalities; community redevelopment agencies.-(1) Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: . (p) To develop and implement community policing innovations. sOnline .,. . View Statutes Select Year: ~-~ Sear%h S~acu[e$ Ccr, s~i[ut;cn Laws of Florida Order The 2001 Florida Statutes Title X_l Chap,:er ~_63 V_ie_w._E~_tire County Organizal:ion And intergovernmental incergovernmenl:al Chapter Relations Programs i63._~40 Definitions:--The foIIc, wing terms, wherever used or referred to in this part, have the foliowing meanings': (l) Agenc, or"communitv -=~, -~- designated pursuant to, s, 163,356 or s. 163./57. (2) "Public body" or "taxing authority" means the sza~e or any county, municipality, authority, special district as defined in s. !65.031(5), or other puDiic boc~y of ~he state, except a school district. (3) "Governing_ body", means the council or other iecislative.~ body chorded_ with oovernino_ 'h~ e. county or municipality. (4) "Mayor" means the mayor of a municicality or, for a county, the chair of ~he board of county commissioners or s~:sh cth,~r c~:¢e~ ~ ma,/ be constituted by law to act as the executive head of such mb,ficipality or counW. (S) "Clerk" means the clerk or other affi:fal of the ~o,_ .n-v.. o~municipaiity ~ho is the custodian of the official records of such county or municipal ty (6) "Federal Government" includes zhe United Senses or any agency or instrumentality, corporate or otherwise, of '~= - ~,,~ Ual;ed ~.tates. (7) "Slum area" means an area in which there is a oredominance of buildinps or improvements, whether residentia! or nonresiden~iai, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; the existence of conditions which endanger life or property by fire or other causes; or any combination of such Factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to [he public health, safety, morals, or weffare. (8) "Blighted area" means either: (a) An area in which there are a substantial number of slum, deteriorated, or deteriorating structures and conditions tha~ lead to economic distress or endanger life or property by fire or o~her causes or one or more of the Following factors chac substantiaUy impairs or arrests the sound growth of a county or municipality and is a menace ~o the public health, safety, morals, or welfare in its present condition and use: 1. Predominance of defective or inadequate street layout; 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 3. Unsanitary or unsafe conditions; http :,//www.leg.state. fl.us/stamtes/ind.../S E C340.HTN[&Title=_>2001 ->Ch0163->S ection%2034 10/22/2'00 ........................... - ~,,~,~,J..,-~,j~..~,~pjli j..~j, k.2llllrle 5UFiSi.~tt-iC i--al~c d Oi' 2 4. Deterioration of site or other improvements; 5. [nadecluate and outdated building dens;fy patter,~s; 6. Tax or special assessment delin0uency exceeding the fair value of t~ !-~_~C; 7. Inadequate transportation and parking facilities; and 8. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (b) An area in which there exists faulty or ina~eouate street layout; inadequate parking facilities; or roadways, Pridges, or l~ubiic trans~o~ation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. However, for purposes of qualifying for the tax credits authorized in chapter' 220, "blighted area" means an area described in paragraph (a). (9) "Community redevelopment" or "redevelopment" means undertakings, activities, or projects of a county, municipality, or community redevelopment agency ~n a community redevelopment area for the eiimina:;.~n ar.~ prevention of the development or spread of slums and blight, or for the reduction or prevention of cr~me, or for the provis;on of affordable housing, whether for rent or for sale, to residents of Iow or moderate income, including the elderly, and may include slum clearance anq redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal reso~ and tourist areas that are deteriorating and economically distressed, or rehaPilitation or conservation in a community redevelopment area, or any combination or pa~ thereof, i~ accordance with a communiW redevelopment plan and may include the pre~aration of such a plan. (10) "Community redevelopment area" means a slum area, a blighted area, o,'an area in which there is a shortage of housing that is affordable to residents of Iow or moderate income, including the elderly, or a coastal and tourist area that is deterioratino and economically distressed due to outdated building density patterns, inadequate tran~po~ation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community re~evelopmenL (11) "Community redevelopment plan" means a plan, asit exists from time to time, fora community redevelopment area. (12) "Related activities" means: (a) Planning work for the preparation of a general neighborhood redevelopment plan or for the preparation or completion of a communitywide plan or program pursuant to s. 163.365. (b) The functions related to the acquisition and disposal of reai prope~y pursuant to s. Z__6_3.370(3). (c) The development of affordable housing for residents of the area. (d) The development of Community policing innovations. (13) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith and every estate, interest, right, and use, legal or equitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, or otherwise. (14) "Bonds" means any bonds (including refunding bonds), notes, interim certificates, htt~://www~e~.state.~.us/st~mtes/ind.../SEC34~.~TM&T~t~e=~>2~>Ch~63~>$¢ct~%2~34 ~ 0/£2/2007 certificates of indebtedness, debentures, or ot,~er obligations. (15) "Obligee" means and includes any bondholder, agents or trustees for any bondholders, or lessor demising to the county or municipality prope~y used in connection with commumty redevelopment, or any assignee or assignees of suc~ lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the county or municipality. (16) "~'erson" means a. ny individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative caoaoty. (].7) "Area of operation" means, fora county, the area within the boundaries of the county, and for a municipality, the area within the corporate limits of the municipality. (18) "Housing authority" means a housing authorfty created by and established 2ursuant to chapter 421. (19) "Board" or "commission" means a board, commission, department, division, office, body or other unit of the county or municipality. (20) "Public officer" means any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations, or other activities concerni_ng dwellings in the :ounty or municipality. (21) "Debt service millage" means any millage levied pursuant to s. 12, Art. Vt[ of the State Constitution. (22) "Increment revenue" means the amount calculated pursuant tbS. 1.{5_3.387(1). t23) "Co::-munii'v policing innovation" means a policing technique or strategy designed to reduce crime Dy reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighbor,toDd block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol. History.--s. 3, ch. 69-305; s. 1, ch. 77-39:~; s. ~, ch. 81-44; s. 3, ch. 83-231; ss. 2, 22, ch. 84-356; s. 83, ch. 85-180; s. 72, ch. 87-243; s. 33, ch. 91-45; s. !, ch. 93-286; s. 1, ch. 94- 23(5; s. 1447, ch. 95-147; s. 2, oh. 98-201; s. 1, ch. 98-314. _W_~£come · ~Session · Committees · L_er/slators · Information C_enter · Statutes and Cp~_~.s.~Lt_u_t_ioq · L_o.b.by~st~%f_o_r__m..a_tio.o_ Disclaimer: The information on ~,~is system is unverified, The journals or CdnteC bills of the res;e~ive chamoers should be consulte~ For offioal pu~oses. Copyright ~ 2000-2001 S~a~e of Florida. Cont~l_~, http ://vrw~v.leg.state.fl.us/statutes/ind.../SEC340.HTM&Title=_>200 l_>Ch0163_>Section%2034 10/22/2001 sOnline __. unshlne View Statutes Select Year: ~ The 2001 Florida Statutes T i__t I_e__X.I C_hep.ter 1_6.3 yj e_ _w_E n_t.i r_e County Organization And Intergovernmental Intergovernmental Chapter Relations Programs 163.3SO Workable program.--Any countyoi-mumcipality for the purposes of this part may formulate for the county or municipality a workable program for utilizing appropriate private and pubtic resources to eliminate and orevent the develooment or spread of slums and urban Wight, to encourage needed community rehnbiEtation, to' provide for the redevelopment of slum and blighted areas, to provide housing affordable to residents of Iow or moderate income, including the elderly, or to undertake such of the aforesaid activities or other feasible county or municipal activities as may be suitably employed to achieve the objectives of such workable program, Such workable program may include provision for the prevention of the spread of Wight into areas of the county or municipality which are free from blight through ditigent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum ahd blighted areas or portions thereof Py replanning, removing congestion, providing parks, playgrounds, and other public improvements, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; the development of affordable housing; the implementation of community policing innovations; and t,he clearance and redevelopment of slum and btighted areas or portions thereof. History.--s. 5, ch. 69-305; s. 3, ch. 84-356; s. 3, ch. 94-236; s. 3, ch. 98-3!4. W__eJc0me · Session . Committees_ · Lec~islators · Znformation Center · Statutes and CoostLtut on · Lobby.ist In,.or.at on Disclaimer: 1-ne informal:ion on this system is unverified. The journals or ~rinteC ~iJls of the respec'dve charnOers shoul~ be consulteO For o~clal purposes. Copyrign~ ~ 2000-2001 S~a~e of Florida. ¢onta~s. Pnvac/ S~atem~n¢ http://v`a~v~eg~state~f~us/statutes/~nd~/SE~35~HTM&Tit~e=~>2~>Ch~63~>Secti~n%2~35 10/22/200~ ~Online.~. unsnlne View Statutes Select Year: ~ Welcam. '~ Session [ Commit'[~es I, Lc.i., ..... ~ Information ~, ~obby[~l :: Search S~aEu~es ConsU~uUon Laws of Flor;da Or, er The 2001 Florida Statutes .Tj_t_l_e_X_~ Chapter_ 163 County Organization And Intergovernmental Intergovernmental Relations Programs :L63.356 Creation of Community redevelopment agency.-- View .E n ti Chapter ii) Opon a finomg of necessity as s~t fc~n ms. 163.355, and upon a further finding that there is a need for a Community redeve!cr, ment aoency to function in ese cpu+try or municil~ality to carry au,, the communitv redeve!c~men; purposes of this pa~, any county or municipality may create a public body c~rporate and politic ~o be known as a "community redevelopment agency." Each such agency shall be constituted as a public instrumentality, and the exercise by a ~ommunity redeveiogmen~ agency of :he powers confferred by this pa~ shall be deemed ~nd heic ~o ~e the ~e~ormance 3f an essential Du~iic function. The community redevelopment agency ~f a county has :me Dower ~o function within CRc corporate limits of a municipaliEy only as, if, and when the governina body of the municipality has by resolution concurred in the community redevelopmen~ pl~n proposed by the governing body of the county. (2) When the governing body adopts a resolution declaring the n2=d F,,r a community redevelopment agency, ,,r, at body shail, by ordinance, aDpoi~r a ~oaF~, or cor..m:~,~oners of the community redevelopment agency, which shall consist of not fewer than five or more than seven commissioners. The terms of office of the commissioners shall be for 4 years, except :hat three of the members firs-` aopain-.ed st, all De designated to serve terms of Z, 2, and .3 years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of 4 years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. (3)(a) Acommissionershalf receive no compensation for services, but is entitled to the necessary expenses, including travei expenses, incurred in the clincher_ce of duties. Each :~mm~ss;oner sna~, noic office un-.ii his or ncr successor nas Dean appareled and has qualified. A certificate of the appointment or reaboointment of any commissioner shall be filed with the clerk of the county or municipality, and such certificate is conclusive evidence of the due and proper appointment of such commissioner. (b) The powers of a Community redevelopment agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number. Any person may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the county or municipality, and is otherwise eligible for such appointment under this part. (c) The governing body of the county or municipality shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff. An agency authorized to htt~://ww~v.~e§.st~te.~.us/st~tutes/~nd.../SEC3$6.~T.¥~&Tit~e=~>2~->Ch~]63~>Secti~n%2~3~ l 0/22/200~ transact business and exercise powers under ~his part shall file with the governmg body, on or before March 3~. of each year, a report o1' its activities For the preceding fiscal year, Which report shall inciude a complete finanoai statemen~ setung forth ~ts assets, liabilil:ies, mcome, and operating expenses as of the end of such fiscal year. Al: the time of filing the report, l:he agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the county or municipality and that the report is available for inspection during business hours in the office of the clerk of the city or county commission ar:d in l:he office of l:he agency. (d) At any time after the creation of a community redevelopment agency, the governing body of the county or muniQpality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency, including the development and implementation of community policing innovations. (4) The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has .been given a copy of the charges at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsei. History.--~. 2, ¢-h. 77-391; s. 1, ch. 83-231; s. 8, ch. 84-356; s. 903, ch. 95-147; s. 4, ch. 98-314; s. 41, ch. 2001-266. Welcome · Session · Committees · ~.eqislators ° Information Center ° Statutes and Constitution · Lobbyist information Oisdaimer: The informa~on on t:ms system is unverified. The journals or print:ed bills of the respective chambers should be consulted Eot official purposes. Copyr~gnc ~ 2000-200~. Stat:e of Florida. Concoct us. ~ivQcv S C~ te rne ~_g~ hrtp://ww~v.leg.state.fl.us/statutes/ind.../SEC356.HTM&Title=_>200 l_>Ch0 163_>Section%2035 10/22/2001 s[a[u[cs-.~gcarcn ~ LaLL[LU:)-'~-iUt/ i --'~(._ ]](j [ o3->Sec[ion JO l ' Online S unshine Pa,,~ [ o ( I sOnline ~- u: s llne View Statutes Select Year: ~ .....~ .~ ~Leglsiolofs.~,. Cefller ~[,formQl~Oa ' Search SCa[utes Ccns:~tuCicn Laws of Florida Order The 2001 Florida Statutes TitLe_ XI Chapter 1_6_3. County Organization And Intergovernmental Intergovernmental Relations Programs 163.361 Modification of community redevelopment plans.-- _V].e._w._En_tir_e Chapter (!) If at any time after the approval of a community redevelopment plan by the governing/ body it becomes necessary or desirable to amer, c or modify such plan, the ~lovernin~ body .may amend such,,plan upon the recommendation of the a,oency. The agency recommendation to amend or modify a redevelopment Dian may ~n_,_~_ a chanoe in the boundaries of the redevelopment area ~o aG~ land to or exclude land from ~he redevelopment area, or may include the develo~men: and impiemen:a:ion of community policing innovations, (2) The o. oovemino body shall hold a gublic hearinc on a proposed modification of a community redevelopment plan after public notice thereof by p~blication in a newspaper having a general circulation in the area of operation of the agency. (3) If a community redevelopment plan is modified by the county or municipality after the lease ar sale of real prope~y in the csrnr':~,nr~' reoeve!o~ment area, such modification may be conditioned upon such approval cf t;me owner, 'lessee, or'successor in interest as the county or municipality may deem advisable and, in any event, shali be subject to such rights at law or in equity as a lessee or purcnaser, or his or her successor ar successors in interest may be entitled to asse~. History.--s. 4, ch. 77-391; s. 6, ~ 8~-=~_.; s. 904, ca. 95-147; s. 7, ch. 98-314. Welcome · Session . Committees · ~oislators - Information Center · Statutes and Const tut on · LOb_byist information Disclaimer: The information on this system is unverified. The journats or printed bills of the respective chambers should be consulted for official purposes. ~opymghl: © 2000-2001 S:ace o~ Florida. ~on:act us. P~vacv S~arement htt~://w~w~eg~state~us/~tamtes/ind~/SEC36~HTM&Tit~e=~>2~>Ch~63->Secti~n%2~36 10/22/2001," sOnline ~ . unsh!ne View Statutes Select Year: ~ ,om" l Search Statutes Const~u.t~on Laws of. Florida Order The 2001 Florida Statutes T_Lt!_e_×I Chapter 1_6~ View Entire CounW Organizati0n And Intergovernmental Zntergovernmentai Chapter Relations Programs :163.370 Powers; counties and municipalities; community redevelopment agencies.-- (1) Every county and municipality shall have all the powers necessary or_conveni~nt to carry out and effectuate the purposes and iUrovisions of this pa~, including the ~ollowing powers in addition to others herein granted: (a) To make and execute contracts and other instruments necessary or convenient'to the (P) To disseminata slum clearance ant community redevelopment information; (c) To unde~ake and carry out community redevelopment and related activities within the community redevelopment area, which recevelopment may inctude: i. Acduisition of a slum area or a blighteC area or portion tfiereof. 2. Demolition and removal of buildings and improvements. 3. Installation, constru~ion, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels thor. are cons:rutted ir, suppo,-: of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the communiW redeve!ogment area the community redevelopment obje~ives of this part, in accordance with the community redeveiopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value for uses in accordance with the community redevelopment plan. 5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. Acquisition of real property in the community redevelopment area which, under the - community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. Acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public weWare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in' highways, ra,lway or subway tracks, bridge or tunnel entrances, or other similar Facilities which have a blighting influence on the http://v~w, leg.state.fl.us/stamtes/ind.../SEC370.HTM&Title=_>200 l_>Ch0163_>Section%2037 10/22/2001 surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, Families and individuals of Iow or moderate income. 9. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and relaJ~ed Fac!iities and uses) designed specifically for, and limited to, families and individuals of Iow or moderate income. (d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a commum~y redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any candid, ions .~hat it deems reasonal~le and ap~;rol~riate which are attached to federal financial assistance and imposed ~ursuant to federal law relating to the determination of p~evailin~ saiarms or wages or compliance w~th la0or standards, ~ ~he unde~akinq or car~ing out of a community redevelopment and related activities, and to include in any contract let in connection wit~ such redevelopment and related activities provisions to fulfiti such of conditions as it deems *eascnable and appropriate. (e) Within the community redevelopment area: 1. To enter into any building or property in any communk~y-redevetopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from ~ cou~ of competent jurisdiction in the event entry is denied aP resisted. 2. To acquire by purchase, lease, option, giPc grant, bequest, devise, eminent domain, or otherwise any real property (or personal property for its administrative purposes), together ,with any improvements thereon; except that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by t.he governing body of the county or municipaii~y wmcn es~aoiished the agency. 3. T~ hold, improve, c:ear, or prepare for rcdevelopment any such property. 4. To mortgage, pledge, hypothecate, or othe.~vise encumber or dispose 0~'any real pro~erty. 5. To insure or provide for the insurance of any reap or personal property or operations of the counW or municipality against any risks or hazards, including the power to pay premiums on any such insurance. 6. To enter into any contracts necessary to effectuate the purposes of this part. 7. TO solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real prbperty by the community redevelopment agency. (f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required far immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to s. ;I6_3.38~ at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. (g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Go'v~rnment for or wi~h respect ~o community redevelopment and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable ht~p://www.~eg.state.~.us/statutes/ind.../SE~37~.HTM&Tit~e=~>2~~~~>~h~~63->Secti~n%2~37 10/22/200,[ and appropriate which are not inconsistent with the purposes of this paR. Page (h) Within its area of Operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modih/, and amend such plans, which plans may include, but are not limited to; 1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements. 2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, stu'di~s, and other plans and work necessary to prepare for the unde~aking of C~mmunity redevelopmer~ and r~lated activities. (i) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination af slums and urban blight and ' developing and demonstrating new or improved means of providing housing for families and persons of Iow income. (j) To apply for, accept, and utilize grants of f~¢s from the Federal Govemment'for such purposes. (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of soc~ p~_vm.~;nts financed by the Federal Government. (1) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any par~ of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. (m) To close, vacate, plan, or reblan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the county or municipality. (n) Within its area of operation, to organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. (o) To exercise all or any part or combination of powers herein granted or to elect to have such powers exercised by a community redevelopment agency. (p) To develop and implement community policing innovations. The following projects may not be paid for or financed by increment revenues: (a) Construction or expansion of administrative buildings for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construct on or expansion is contemplated as oar~ of a community_ _o~ing innova tio~. ~mp://w~w~v~eg~state~us/statutes/ind~/SE~37~HTM&Tit~e=.>2~>Ch~63~>Secti~n%2~37 I0/22/2001 lb) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects which are not an integral Dart of or necessarY for carrying out the community redevelopment plan if such projects or improvements are normally financed by the governing body with user fees or if such projects or improvements woulci be installed, constructed, reconstructed, repaired, or altered within 3 years of the appro,,a; cf the community redevelopment plan by the governing body pursuant to a previously ~pproved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan. lc) General government operating expenses unrelated to the planning and carrying out of a community redevelopment plan. (3) With the approval of th'e governing body, a community redevelopment agency may: la) Prior to approval of a community redevelopment plan or approval of any n:¢d!Fications of the plan, acquire real prope~y in a community redevelopment area, demolish and remove any sti'uctures on the property, and pay all costs related to the acffuisitJon, dem61ition, or removal, (b) Assume the responsibiliU to bear any loss that may arise as the result of the exercise of authority under this subsection, in the event that Ehe real prope~y is not made'pa~ of the community redevelopment area. History.--s. 9, ch. 69-305; s. 7, ch. 77-391; s. Il, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94- 236; s. 8, ch. 98-314. _W__e!.C;p_rn_e. · $~s~i_O_O . Commi~_e__e_s · _L._egis_la_~:O_Es · InFormi~Lon ~e_n.t_er_ · Sta_~p_t_e_s_and Constftut;ion · Lobbyist Information Disclaimer: The information on ~is system is unverified. The joumats or printed bills of t~e respective c~ambers si~ould be consulted for official pu~oses. Copyright © 2000-2.001 S:at:e of Florida. Contac~ us. Pri~a cv__S~a~e _m.. edt ht~p://w~w~eg~stat~f~us/statutes/~nd~/SEC3~HTM&Tit~=~>2~ ~>Ch~ ~ 63~>Secti~%2~3? I0/22/200!