HomeMy WebLinkAbout2009 02 23 Regular 604 City Attorney Presenting Florida Law Applicable to Municipal Economic Development IncentivesCOMMISSION AGENDA
Consent
ITEM 604 Informational
Public Hearing
February 23, 2009 ~ Regular I X
a ~i~° y
Mgr. / Att. / Dept.
REQUEST:
The City Attorney presents a general overview regarding several provisions of Florida law
specifically applicable to municipal economic development incentives.
PURPOSE:
The purpose of this Agenda item is to provide a general overview of several applicable
provisions of Florida law regarding a municipality's authority to directly provide economic
development incentives to attract and encourage new and expanding businesses and
redevelopment within the City.
This Agenda Item is not intended to be a comprehensive overview of economic development
incentives and programs in Florida. There are a myriad of state and federal laws, programs,
and agencies relative to the subject of economic development that are beyond the scope of
this agenda item.
APPLICABLE LAW AND PUBLIC POLICY:
1. The Florida Municipal Home Rule Powers Act.
2. Section 166.021(9), Florida Statutes.
Page 1 of 7
3. Section 196.1995, Florida Statutes.
4. Section 163.2517, Florida Statutes.
5. Section 288.075, Florida Statutes.
CONSIDERATIONS:
1. This agenda item is intended to be a very general overview of several provisions of
Florida law which are specifically applicable to a municipality's authority to expend public
funds for economic incentives to promote economic development.
2. Further, this agenda item is intended to bring to the City Commission's attention to the
possibility of seeking voter approval for the authority to offer ad valorem tax exemptions as
a means of attracting new and expanding businesses within the City of Winter Springs.
3. In addition, this agenda item touches upon the statutory authority which would allow the
City to designate an urban infill and redevelopment area for purposes of adopting a
package of financial incentives which maybe offered for new development, expansions of
existing development, and redevelopment within a geographically defined area.
4. Lastly, because attracting new businesses to a community can be extremely competitive,
and involves, from time to time, review and receipt of confidential and proprietary
information from businesses desiring to relocate to a community, this agenda item brings to
your attention a significant public records exemption related to economic development
programs.
EXPENDITURE OF PUBLIC FUNDS
5. Specifically related to municipalities, it is important to emphasize that the Florida
Legislature has provided a specific grant of authority for a municipality to expend public
funds for promoting economic development activities. Section 166.021 (9), Florida Statutes;
states:
(a) The Legislature fmds and declares that this state faces increasing
competition from other states and other countries for the location and
retention of private enterprises within its borders. Furthermore, the
Legislature finds that there is a need to enhance and expand economic activity
in the municipalities of this state by attracting and retaining manufacturing
development, business enterprise management, and other activities conducive
to economic promotion, in order to provide a stronger, more balanced, and
stable economy in the state, to enhance and preserve purchasing power and
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employment opportunities for the residents of this state, and to improve the
welfaze and competitive position of the state. The Legislature declares that
it is necessary and in the public interest to facilitate the growth and
creation of business enterprises in the municipalities of the state.
(b) The governing body of a municipality may expend public funds to
attract and retain business enterprises, and the use of public funds
toward the achievement of such economic development goals constitutes
a public purpose. The provisions of this chapter which confer powers and
duties on the governing body of a municipality, including any powers not
specifically prohibited by law which can be exercised by the governing body
of a municipality, shall be liberally construed in order to effectively carry out
the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to
expend public funds for economic development activities, including, but
not limited to, developing or improving local infrastructure, issuing
bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making
grants to private enterprises for the expansion of businesses existing in
the community or the attraction of new businesses to the community.
(d) Nothing contained in this subsection shall be construed as a limitation on
the home rule powers granted by the State Constitution for municipalities.
(bold emphasis added).
6. This grant of authority provides general standazds for granting economic incentives.
Nonetheless, these general standards are extremely important to justify granting economic
incentives. The City has a certain amount of discretion to negotiate more exacting standards
from developers and companies above and beyond the general standazds.
7. Typically, municipal economic incentives are negotiated on the basis of cost/benefit to
the city and the objectives of the city's economic development program. Furthermore, in
some cases, a city negotiates and coordinates the granting of economic incentives with the
host county and the state of Florida when county and state interests and programs are
involved. It is common for cities, counties, and the state of Florida to jointly coordinate and
leverage a comprehensive package of economic incentives when the targeted business is
significant for not only the local community, but the entire state. See, e.g., Burnham
Institutes recent expansion and relocation to Orlando, Florida; and Palm Coast Data's recent
expansion in the City of Palm Coast.
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AD VALOREM TAX EXEMPTION
8. From the vantage point of my experience, one important tool that some cities have found
helpful while competing to attract new businesses is the ability to exempt real and tangible
property from ad valorem taxes. However, because a municipality has no inherent authority
to levy taxes, the authority to abate taxes must be found in general law. See 50 Fla. Jur 2d
Taxation § 363.
9. The authority to abate ad valorem taxes for economic development purposes is set forth
under Florida law. Particularly, section 196.1995, Florida Statutes, provides that a
municipality is authorized to grant economic development ad valorem tax exemptions for
new businesses and expanding businesses. However, that authority must be generally
granted by the voters of Winter Springs in a duly held referendum. Id. To date, the City
Commission has never requested this authority from the voters of Winter Springs.
10. If the authority is granted, the authority is only good fora 10-year period of time, but it
maybe renewed for another 10-year period in a referendum.
11. In general, if the authority is granted by the voters of Winter Springs, the City
Commission, for a period of time not to exceed 10 years, "may exempt from ad valorem
taxation up to 100 percent of the assessed value of all improvements to real property
made by or for the use of a new business and of all tangible personal property of such
new business." Further, an exemption maybe granted "up to 100 percent of the assessed
value of all added improvements to real property made to facilitate the expansion of an
existing business and of the net increase in all tangible personal property acquired to
facilitate such expansion of an existing business." Id. (bold emphasis added).
12. The terms "new business" and "expansion of an existing business" are specifically
defined in sections 196.012(15) and (16), Florida Statutes.
(A) A "new business" means:
a. A business establishing 10 or more j obs to employ 10 or more full- time employees
in this state, which manufactures, processes, compounds, fabricates, or produces for
sale items of tangible personal property at a fixed location and which comprises an
industrial or manufacturing plant;
b. A business establishing 25 or more jobs to employ 25 or more full-tune employees
in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with
respect to which it requests an economic development ad valorem tax exemption is
less than 0.50 for each year the exemption is claimed; or
c. An office space in this state owned and used by a corporation newly domiciled in
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this state; provided such office space houses 50 or more full-time employees of such
corporation; provided that such business or office first begins operation on a site
clearly separate from any other commercial or industrial operation owned by the
same business.
d. Any business located in an enterprise zone or brownfield area that first begins
operation on a site clearly separate from any other commercial or industrial operation
owned by the same business.
e. A business that is situated on property annexed into a municipality and that, at the
time of the annexation, is receiving an economic development ad valorem tax
exemption from the county under s. 196.1995.
(B) An "expansion of an existing business" means:
a. A business establishing 10 or more jobs to employ 10 or more full-time employees
in this state, which manufactures, processes, compounds, fabricates, or produces for
sale items of tangible personal property at a fixed location and which comprises an
industrial or manufacturing plant; or
b. A business establishing 25 or more j obs to employ 25 or more full-time employees
in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with
respect to which it requests an economic development ad valorem tax exemption is
less than 0.50 for each year the exemption is claimed; provided that such business
increases operations on a site colocated with a commercial or industrial operation
owned by the same business, resulting in a net increase in employment of not less
than 10 percent or an increase in productive output of not less than 10 percent.
c. Any business located in an enterprise zone or brownfield area that increases
operations on a site colocated with a commercial or industrial operation owned by the
same business.
13. Once the authority is granted by the voters, each specific exemption granted under that
authority must be granted by Ordinance of the City Commission. Each exemption is limited
to a maximum 10-year period. There is also a detailed written applicarion requirement
provided for under the statute. Before the City Commission can act on the application, the
application is further required to be delivered to the Property Appraiser, who is responsible
for preparing a report which addresses the eligibility of the applicant and an estimate of the
amount of revenue that the city will lose because of the exemption.
Page 5 of 7
URBAN INFILL AND REDEVELOPMENT AREA
14. For years, the City has, informally and formally, identified and pursued a variety of infill
and redevelopment activities in the western pazt of the City. Redevelopment opportunities
within this area have also been raised during the current EAR process as a major issue.
Relative to economic incentives for this area, the city may want to study the possibility of
creating an urban infill and redevelopment area.
15. In general, the study would have to determine whether there aze certain census
geographic block groups within the City that: (i) reach a certain threshold poverty rate, (ii)
have an average rate of unemployment not less than the state average, and (iii) aze in general
distress as evidenced by high incidents of crime, abandoned structures, etc.
16. In particular, if a geographic block groups satisfy the criteria, a municipality may
designate that geographical area within its boundaries as an "urban infill and redevelopment
azea ("Area''). See attached section 163.2517, Florida Statutes. The purpose of the Area is
target economic development, job creation, housing, transportation; crime prevention,
neighborhood revitalization and preservation, and land use incentives to encourage urban
infill and redevelopment.
17. The creation of the Area requires a "collaborative and holistic community participation
process'' and requires the adoption of a plan which identifies the infill and redevelopment
objectives. A comprehensive plan amendment is also required in order for a local
government to designate an urban infill and redevelopment area.
18. From an economic incentive standpoint, once an Area is designated, the city can identify
and adopt a package of financial and local government incentives which the city will offer for
new development, expansion of existing development, and redevelopment within the Area.
Examples of such incentives include: (1) waiver of license and permit fees; (2) exemption of
sales made in said Area from local option sales surtaxes imposed under section 212.055,
Florida Statutes; (3) waiver of delinquent local taxes or fees to promote the return of property
to productive use; (4) expedited permitting; (5) lower transportation impact fees for
development which encourage more use of public transit, pedestrian, and bicycle modes of
transportation; (6) prioritization of infrastructure spending within the Area; and (7) local
government absorption of developer's concurrency costs.
19. Moreover, there are other statutory benefits that apply to such areas including the ability
to issue revenue bonds and employ tax increment financing for purposes of implementing the
plan. See § 163.2520, Fla. Stat. Urban infill and redevelopment areas also receive several
planning preferences under the Florida Growth Management Act.
Page 6 of 7
PUBLIC RECORDS EXEMPTION AND CONFIDENTIALITY
20. Section 288.075, Florida Statutes, provides a public record exemption for ``proprietary
confidential business information" that is collected by an economic development agency. With
respect to a municipality, a public economic development agency includes a specific agency of the
municipality, or if the municipality does not have a public economic development agency, the
municipal officers or employees assigned the duty to promote the general business interests or
industrial interests of that municipality.
21. Under this exemption, a business can request that its plans, intentions, or interests to locate,
relocate, or expand any of its business activities be kept confidential and exempt from public records
disclosure for a period of up to 24 months. Further, trade secrets, proprietary confidential business
information of the business, and other defined information held by the agency pursuant to
administering an economic incentive program for qualified businesses are confidential and exempt
from disclosure. Any agency employee who violates the confidentiality provisions commits a
misdemeanor of the second degree.
STAFF RECOMMENDATION:
The Ciry Commission should review the applicable law and provide direction as deemed
appropriate. Potential action items at this time:
1. Duect that an Ordinance be prepazed to seek voter approval for the authority to grant ad
valorem tax exemptions for new and expanding businesses. The date of any referendum
would be determined at a later date.
2. Direct that the City further explore census block group data to determine whether it is
possible for the City to create an urban infill and redevelopment area within any portion of
the western part of the City.
ATTACHMENT:
See Relevant Excerpts of Urban Infill and Redevelopment Area Statute.
COMMISSION ACTION:
The City Commission requested a general briefing on the City's authority to provide municipal
economic development incentives under Florida law.
Page 7 of 7
163.2511 Urban infill and redevelapment.-
(1) Sections 163.2511-163.2526 may be cited as
the "Growth Policy Act.„
(2) !t is declared that:
(a) Fiscally strong urban centers are beneficial to
regional and state economies and resources, are a
method far reduction of future urban sprawl, and should
be promoted by state, regional, and local governments.
(b) The health and vibrancy of the urban cores ben-
• efit their respective regions and the state; conversely,
the deterioration of those urban cores- negatively
• impacts the surrounding area and the state.
(c) 1n recognition of the interwoven destiny
between the urban center, the suburbs, the region, and
the state, the respective governments need to establish
a framework and work in partnership with communities
and the private sector to revitalize urban centers.
(d) State urban policies should guide the state,
regional agencies, local governments, and the private
sector in preserving and redeveloping existing urban
cores and promoting the adequate provision of infira-
structure, human services, safe neighborhoods, edu-
cational facilities, and economic development to sus-
tain these cores into the future.
(e) Successfully revitalizing and sustaining the
urban cores is dependent on addressing, through an
integrated and coordinated community effort, a range
of varied components essential to a healthy urban envi-
ronment, including cultural, educational, recreational
economic, transportation, and social service compo-
nents.
F,g, 2007 INTERGOVERNMENTAL PROGRAMS Ch. 163
Infill development and redevelopment are rec-
og~~zed to be important components and useful mech-
anismsfor promoting and sustaining urban cores. State
and regional entities and local govemments should
provide incentives to promote urban Infill and redevel-
opment. Existing programs and incentives should be
integrated to the extent possible to promote urban Infill
and redevelopment and to achieve the goals of the
state urban aosrsc-3 a
. History.
. 163.2514 Growth Policy Act; definitions.-As used
-m ss.163.2511-163.2526:
(1) "Local government" means any county or
municipality.
(2) "Urban Infill and redevelopment area" means an
area or areas designated by a local government where:
(a) Public services such as water and wastewater,
transportation, schools, and recreation are already
available or are scheduled to be provided in an adopted
6-year schedule of capital improvements;
(b) The area, or one or more neighborhoods within
the area, suffers from pervasive poverty, unemploy-
ment, and general distress as defined by s. 290.0058;
(c) The area exhibits a proportion of properties that
are substandard, overcrowded, dilapidated, vacant or
abandoned, or functionally obsolete which is higher
than the average for the local government;
(d) More than 50 percent of the area is within ~/<
mile of a transit stop, or a sufficient number of such
transit stops will be made available concurrent with the
designation; and
(e) The area includes or is adjacent to community
!: redevelopment areas, brownfields, enterprise zones,
or Main Street programs, or has been designated by
the state or Federal Government as an urban redevel-
opment, revitalization, or Infill area under empower-
: fient zone, enterprise community, or Brownfield show-
case community programs or similar programs.
-: _.Hlsfory.-s. ~. cn. ss-~e.
163.2517 Designation of urban infi[I and redevel-
opment area.-
:::(1) A local government may designate a geo-
graphic area or areas within its jurisdiction as an urban
infrll and redevelopment area for the purpose of target-
ing economic development, job creation, housing,
transportation, crime prevention, neighborhood revital-
ization and preservation, and land use incentives to
encourage urban Infill and redevelopment within the
urban core.
(2)(a) As part of the preparation and implementa-
tion of anurban Infill and redevelopment plan, a collab-
orative and holistic community participation process
must be implemented to include each neighbofiood
jvithin the area tazgeted for designation as an urban
_Infill and redevelopment area. The objective of the com-
munity participation process is to encourage communi-
tieswithin the proposed urban Infill and redevelopment
urea to participate in the design and implementation of
:fie. plan, including a "visioning" of the urban core,
before redevelopment.
~`ro)1. A neighborhood participation process must
6e developed to provide for the ongoing involvement of
stakeholder groups including, but not limited to, com-
munity-based organizations, neighborhood associa-
tions, financial•institutions, faith organizations, housing
authorities, financial institutions, existing businesses,
businesses interested in operating in the community,
schools, and neighborhood residents, in preparing and
implementing the urban Infill and redevelopment plan.
2. The neighborhood participation process must
include a governance structure whereby the local gov-
ernment shares decisionmaking authority for develop-
ing and implementing the urban Infill and redevelop-
ment plan with communitywide representatives. For
example, the local government and community repre-
sentatives could organize a corporation under s.
501(c)(3) of the Internal Revenue Code to implement
specific redevelopment projects.
(3) A local government seeking to designate a geo-
graphic area within its jurisdiction as an urban Infill and
redevelopment area shall prepare a plan that describes
the Infill and redevelopment objectives of the local gov-
ernment within the proposed area. In lieu of preparing
a new plan, the local government may demonstrate
that an existing plan or combination of plans associated
with a community redevelopment area, Florida Main
Street program, Front Porch Florida Community, sus-
tainable community, enterprise zone, or neighborhood
improvement district includes the factors listed in para-
graphs (a)-(n), including a collaborative and holistic
community participation process, or amend such exist-
ing plans to include these factors. The plan shall dem-
onstrate the Local government and community's com-
mitment to comprehensively address the urban prob-
lemswithin the urban Infill and redevelopment area and
identify activities and programs to accomplish locally
identified goals such as code enforcement; improved
educational opportunities; reduction in crime; neighbor-
hood revita!'rzation and preservation; provision of infra-
structure needs, including mass transit and multimodal
linkages; and mixed-use planning to promote
multifunctional redevelopment to improve both the resi-
dential and commercial quality of. life in the area. The
plan shall also:
(a) Contain a map depicting the geographic area or
areas to be included within the designation.
(b) Confirm that the Infill and redevelopment area is
within an area designated for urban uses in the local
govemments comprehensive plan.
(c) Identify and map existing enterprise zones,
community redevelopment areas, community develop-
ment corporations, Brownfield areas, downtown rede-
velopment districts, safe neighbofiood improvement
districts, historic preservation districts, and empower-
ment zones or enterprise communities located within
the area proposed for designation as an urban Infill and
redevelopment area and provide a framework for coor-
dinating Infill and redevelopment programs within the
urban core.
(d) Identify a memorandum of understanding
between the district school board and the local govern-
ment jurisdiction regarding public school facilities
located within the urban Infill and redevelopment area
to identify how the school board will provide priority to
enhancing public school facilities and programs in the
1443
Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 2007
designated area, including the reuse of existing build-
ings for schools within the area.
(e) Identify each neighborhood within the proposed
area and state community preservation and revitaliza-
tion goals and projects identified through a collabora-
tive and holistic commun'~ty participation process and
how such projects will be implemented.
(f) Identify how the local govemment and commu-
nity-based organizations intend to implement
affordable housing programs, including, but not limited
to, economic and community development programs
administered by federal and state agencies, within the
urban infill and redevelopment area.
(g) Identify strategies for reducing crime.
(h) If applicable, provide guidelines for the adoption
of land development regulations specific to the urban
infill and redevelopment area which include, for exam-
ple, setbacks and parking requirements appropriate to
urban development
(i) Identify and map any existing transportation
concurrency exception areas and any relevant public
transportation corridors designated by a metropolitan
planning organization in its long-range transportation
plans or by the local govemment in its comprehensive
plan for which the local govemment seeks designation
as a transportation concurrency exception area. For
those areas, describe how public transportation,
pedestrian ways, and bikeways will be implemented as
an alternative to increased automobile use.
(j) Identify and adopt a package of financial and
local govemment incentives which the local govem-
mentwill offerfornew development, expansion of exist-
ing development, and redevelopment within the urban
infill and redevelopment area. Examples of such incen-
tives include: '
1. Waiver of license and permit fees.
2. Exemption of sales made in the urban infill and
redevelopment area from local option sales surtaxes
imposed pursuant to s. 212.055.
3. Waiver of delinquent local taxes or fees to pro-
mote the return of property to productive use.
4. Expedited permitting.
5. Lower transportation impact fees for develop-
ment which encourages more use of public transit,
pedestrian, and bicycle modes.of transportation.
6. Prioritization of infrastructure spending within
the urban infill and redevelopment area.
7. Local govemment absorption of developers'
concur-ency costs.
In order to be authorized to recognize the exemption
from local option sales surtaxes pursuant to
subparagraph 2., the owner, lessee, or lessor of the
new development, expanding existing development, or
redevelopment within the urban infill and redevelop-
ment area must file an application under oath with the
governing body having jurisdiction over the urban infill
and redevelopment area where the business is located.
The application must include the name and address of
the business claiming the exclusion from collecting
local option surtaxes; an address and assessment roll
parcel number of the urban infill and redevelopment
area far which the exemption is being sought; a
description of the improvements made to accomplish
the new development, expanding development, or
redevelopment of the real property; a copy of the build-
ing permit application or the building permit issued for
the development of the real property; a new application
for a certificate of registration with the Department of
Revenue with the address of the new development,
expanding development, or redevelopment; and the
location of the property. The local govemment must
review and approve the application and submit the
completed application and documentation along with a
copy of the ordinance adopted pursuant to subsection
(5) to the Department of Revenue in order for the busi-
ness to become eligible to make sales exempt from
local option sales surtaxes in the urban infill and rede-
velopment area.
(k) Identify how activities and incentives within the
urban infill and redevelopment area will be coordinated
and what administrative mechanism the local govem-
ment will use for the coordination.
(I) Identify how partnerships with the financial and
business community will be developed.
(m) Identify the governance structure that the local
govemment wilt use to involve community representa-
tives in the implementation of the plan.
(n) Identify performance measures to evaluate the
success of the {oval govemment in implementing the
urban infill and redevelopment plan.
(4) In order for a local govemment to designate an
urban infill and redevelopment area, it must amend its
comprehensive land use plan under s. 163.3187 to
delineate the boundaries of the urban infill and redevel•
opment area within the future land use element of its
comprehensive plan pursuant to its adopted urban infill
and redevelopment plan. The state land planning
agency shall review the boundary delineation of the
urban infill and redevelopment area in the future land
use element under s. 163.3184. However, an urban
infill and redevelopment plan adopted by a local gov-
ernment is not subject to review for compliance as
defined by s.163.3184(1)(b), and the local govemment
is not required to adopt the plan as a comprehensive
plan amendment. An amendment to the local compre-
hensiveplan to designate an urban infill and redevelop-
ment area is exempt from thetwice-a-year amendment
limitation of s. 163.3187.
(5) After the preparation of an urban infill and rede-
velopment plan or designation of an existing plan, the
local govemment shall adopt the plan by ordinance.
Notice for the public hearing on the ordinance must be
in the form established ins. 166.041(3)(c)2. for munici-
palities, and s: 125.66(4)(b)2. for counties.
(6)(a) In order to continue to be eligible for the eco•
nomic and regulatory incentives granted with respect to
an urban infill and redevelopment area, the local gov-
ernment must demonstrate during the evaluation,
assessment, and review of its comprehensive plan
required pursuant to s. 163.3191, that within desig•
Hated urban infill and redevelopment areas, the amount
of combined annual residential, commercial, and insti-
tutional development has increased by at least 10 per-
cent.
(b) If the local govemment fails to implement the
urban Infill and redevelopment plan in accordance with
F.S. 2007 INTERGOVERNMENTAL PROGRAMS Ch. 163
the deadlines set forth in the plan, the Department of
Community Affairs may seek to rescind the economic
and regulatory incentives granted to the urban infill and
redevelopment area, subject to the provisions of chap-
ter 120. The action to rescind may be initiated 90 days
after issuing a written letter of warning to the local gov-
ernment.
History.-s. t, ch. 99-370; s. tB. rh. 2000317: s. 2a, ch. 2001-60.
163.2520 Economic incentives.-
(1) A local government with an adopted urban infill
and redevelopment plan or plan employed in lieu
thereof may issue revenue bonds under s.163.385 and
employ tax increment financing under s. 163.387 for
the purpose of financing the implementation of the
plan, except that in a charter county such incentives
shall be employed consistent with the provisions of s.
163.410.
(2) A local government with an adopted urban infill
and redevelopment plan or plan employed in lieu
thereof may exercise the powers granted under s.
163.514 for community redevelopment neighborhood
improvement districts, including the authority to levy
special assessments.
(3) Prior to June 1 each year, areas designated by
a local government as urban infill and redevelopment
areas shall be given a priority in the allocation of private
activity bonds from the state pool pursuant to s.
159.807.
History.-s. 1. ch. 99-378; s. 25. ch. 2001.60.
163.2523 Grant program.-An Urban Infill and
Redevelopment Assistance Grant Program is created
for local governments. A local government may allo-
categrant money to special districts, including commu-
nity redevelopment agencies, and nonprofit community
development organizations to implement projects
consistent with an adopted urban infill and redevelop-
ment plan or plan employed in lieu thereof. Thirty per-
cent of the general revenue appropriated for this pro-
gram shall be available for planning grants to be used
by local governments for the development of an urban
infill and redevelopment plan, including community par-
ticipation processes for the plan. Sixty peroerd of the
general revenue appropriated for this program shall be
available for fifty/fifty matching grants for implementing
urban infill and redevelopment projects that further the
objectives set forth in the local government's adopted
urban infill and redevelopment plan or plan employed in
lieu thereof. The remaining 10 percent of the revenue
must be used for outright grants for implementing proj-
ects requiring an expenditure of under $50,000. If the
volume of fundable applications under any of the allo-
cations specified in this section does not fully obligate
the amount of the allocation, the Department of Com-
munity Affairs may transfer the unused balance to the
category having the highest dollar value of applications
eligible but unfunded. However, in no event may the
percentage of dollars allocated to outright grants for
implementing projects exceed 20 percent in any given
fiscal year. Projects that provide employment opportu-
nities to clients of the WAGES program and projects
within urban infill and redevelopment areas that include
a community redevelopment area, Florida Main Street
program, Front Porch Florida Community, sustainable
community, enterprise zone, federal enterprise zone,
enterprise community, or neighborhood improvement
district must be given an elevated priority in the scoring
of competing grant applications. The Division of Hous-
ing and Community Development of the Department of
Community Affairs shall administer the grant program.
The Department of Community Affairs shall adopt rules
establishing grant review criteria consistent with this
section.
History.-s. 1, dt. 99.370; s. 20, ch. 2000317.
163.2526 Review and evaluation.-Before the
2004 Regular Session of the Legislature, the Office of
Program Policy Analysis and Government Accountabil-
ity shall perform a review and evaluation of ss.
1632511-163.2526, including the financial incentives
listed in s. 163.2520. The report must evaluate the
effectiveness of the designation of urban infill and rede-
velopmentareas in stimulating urban infill and redevel-
opment and strengthening the urban core. A report of
the findings and recommendations of the Office of Pro-
gram Policy Analysis and Government Accountability
shall be submitted to the President of the Senate and
the Speaker of the House of Representatives before
the 2004 Regular Session of the Legislature.
History.-s. t, ch. 99-378.
63.3161 Short title; intent and purpose.-
( This part shall be known and may be cited
the " cal Government Comprehensive Planning d
Land velopment Regulation Act °
(2) I conformity with, and in furtherance ,the
purpose the Florida Environmental Land an Water
Manageme Act of 1972, chapter 380, ft is the urpose
of this act to ilize and strengthen the exi 'ng role,
processes, an powers of focal govern nts in the
establishment a implementation of co prehensive
planning program o guide and control f ure develop-
ment.
(3) It is the intent this act that it adoption is nec-
essary so that local g vemments an preserve and
enhance present adva ages; courage the most
appropriate use of land, w ter, d resources, consist-
ent with the public interest, o rcome present handi-
caps; and deal effectively wit uture problems that may
result from the use and dev o ent of land within their
jurisdictions. Through t proc s of comprehensive
planning, R is intende at units f local government
can preserve, promot ,protect, an improve the public
health, safety, comfort, good or r, appearance,
convenience, law nforcement and fire revention, and
general welfare• prevent the overcrowds of land and
avoid undue ncentration of population; acilitate the
adequate d efficient provision of tran ortation,
water, se rage, schools, parks, recreationa facilities,
housing and other requirements and servic s; and
copse e, develop, utilize, and protect n tural
reso ces within their jurisdictions.
( It fs the intent of this act to encourage nd
as~ure cooperation between and among municipalifi$s
a d counties and to encourage and assure coordin~;
pop of planning and development activities of units of
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