130518 - CRA Basics-Integrated Condensed Version Atlantic Beach Meeting 11-23-15CRA Basics
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Agenda
Why Redevelopment?
What are Community Redevelopment Agencies (CRAs)?
What can CRAs Do and Not Do?
What are the “Rules of Engagement”?
How to be an effective CRA Leader
What are the Best
Practices?
Getting started – What do we do next?
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Source: Florida Redevelopment Association, 2015
2
Ten Reasons for Redevelopment
Remove Slum & Blight
Create Clean and Safe Places
Prevent Crime
Encourage Economic Development
Build or Enhance Affordable Housing
Fund Streetscape and other Capital Improvements
Preserve
Historic Buildings/Resources
Retain and Recruit Business
Enhance Parks and Recreation
Increase the Tax Base
3
Source: Florida Redevelopment Association, 2015
3
What is Redevelopment?
ANY activity authorized under Chapter 163, Part III, Florida Statutes.
Relative to your CRA, activities are authorized by your approved Redevelopment Plan and funded by the increase
in assessed values over time, called increment.
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Source: Florida Redevelopment Association, 2015
4
What is a CRA?
Dependent Special District
Created to remove slum and blight conditions within a designated district
Board Members appointed by local government – may be elected officials or appointees
or both
Law generally says only one Community Redevelopment Agency (Board) per jurisdiction
CRA may have multiple CRA districts
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Source: Florida Redevelopment Association, 2015
5
Community Redevelopment Agencies (CRAs)
Authorization for CRAs was passed in the Redevelopment Act of 1969 which became Chapter 163 Part III of the Florida Statutes
Not in widespread use until after 1980 when State of Florida
v. Miami Beach was decided
As of last review there are 214 CRA Districts registered with the Florida Department of Economic Opportunity
Currently the only form of Tax Increment Districts
in widespread use in the State of Florida
CRAs may be created by a City or County to assist in the elimination of slum and/or blighting conditions
State is not involved in the creation
of CRAs
6
Source: Florida Redevelopment Association, 2015
FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE] – DIRECT TRAINEES TO APPENDIX
First let’s briefly review CRA facts and Legislative Intent
Authorization for CRAs
was passed in the Redevelopment Act of 1969 which became Chapter 163 Part III of the Florida Statutes
Not in widespread use until after 1980 when State of Florida v. Miami Beach was
decided
As of last review there are 212 CRA Districts registered with the Florida Department of Community Affairs
Currently the only form of Tax Increment Districts in widespread use
in the State of Florida
CRAs may be created by a City or County to assist in the elimination of slum and/or blighting conditions
State is not involved in the creation of CRAs
FOR TEST
TEACH – MENTION INTEGRATION WITH REDEVELOPMENT 101
Working Draft - Trainer's Guide
6
Budget, Funding, & Reporting
July 27, 2012 Version
CRA Legislative IntentEradication of Slum & Blighted Areas
constitutes a serious and growing menace, injurious to public health, safety, welfare of residents
contributes to spread of disease and crime
constitutes an economic and social liability,
decreasing tax base and revenues
impairs sound growth
retards provision of decent housing accommodations
aggravates traffic problems and traffic hazards
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Source: Florida Redevelopment Association, 2015
FRA01 – SLIDE NEEDS WORK, PHRASE IT
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE] – USE THIS TO INTRODUCE FS 163 PART III
CRA Legislative Intent
CRAs are created for
the Eradication of Slum & Blighted Areas, areas which:
constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state;
that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens
which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations, aggravates traffic problems, and
substantially hampers the elimination of traffic hazards and the improvement of traffic facilities;
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Budget, Funding, & Reporting
July 27, 2012 Version
Working Draft - Trainer's Guide
How is a CRA Created? All Local
Charter counties “delegate” authority to city CRAs.
Non charter counties can challenge the creation of city CRA by statutory process.
Finding of Necessity and “blight” as defined by
statute, and not the standard dictionary meaning.
CRA Board is established.
Redevelopment Plan is adopted.
Trust Fund is created.
No state approval required, but reporting requirements.
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Source: Florida Redevelopment Association, 2015
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The CRA Board
The Governing Body
A board of between 5 and 9 individuals appointed by the Governing Body
By interlocal agreement may include representatives of taxing authorities
If the Governing
Body is only 5 members then it can be the Governing Body + 2 individuals appointed by the Governing Body
Chair and Vice Chair of the CRA designated by Governing Body (not the CRA Board
members)
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Source: Florida Redevelopment Association, 2015
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The Redevelopment Plan is the Blueprint for CRA Activities
When writing a Community Redevelopment Plan it is important to remember:
If a program or project is contained in the Plan, it NEED NOT be undertaken.
But if a program or project is
NOT contained in the Plan it CANNOT be undertaken.
Put everything you might want to do in the Plan whether you think you will do it or not.
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Source: Florida Redevelopment Association, 2015
FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
ANYONE NOT HAVE A CRA PLAN?
JUST AS WHEN THE Community Redevelopment Plan was written, it is important to remember:
If
a program or project is contained in the Plan, it need not be undertaken.
But if a program or project is NOT contained in the Plan it CANNOT be undertaken.
Put everything you might want
to do in the Plan whether you think you will do it or not.
Working Draft - Trainer's Guide
10
July 27, 2012 Version
Budget, Funding, & Reporting
Even If Allowed By Statute……
Any project or program a CRA wishes to undertake must be outlined in the Community Redevelopment Plan (CRP)
IF IT IS NOT IN THE PLAN
YOU CAN’T DO IT !!!!!
11
Source: Florida Redevelopment Association, 2015
FRA01
At the End of the Fiscal Year
Funds left in the Redevelopment Trust Fund on the last day of the Fiscal Year shall be:
Returned to the taxing authorities
Used to reduce debt
Deposited
in an escrow account for reducing debt later
Appropriated to a specific project contained in the Redevelopment Plan that will be completed within three (3) years
ASK: WHO WANTS TO
DO THE FIRST?
ASK ATTENDEES TO SHARE EXPERIENCE OF HOW THEY DO THIS.
INTRODUCE THE NOVEMBER RECONCILIATION
Working Draft - Trainer's Guide
11
Budget, Funding, & Reporting
July 27, 2012 Version
What is Increment Revenue?
Often referred to as “tax increment financing” or “TIF”
Provides the principal source of funding for community redevelopment activities
Calculated from increases in taxes collected by
certain taxing authorities over what was collected in an established “base year
Not ad valorem tax – “amount equal to”
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Source: Florida Redevelopment Association, 2015
FRA01 - WORDING
[BRIEFLY ELABORATE ON EACH POINT, ACCORDING TO STUDY GUIDE/GLOSSARY]
INCREMENT REVENUE IS:
Often referred to as “tax increment financing” or “TIF”
Calculated from
increases in taxes collected by certain taxing authorities over what is collected in an established “base year” is remitted by those authorities to the CRA for use in financing redevelopment
activities.
[REFER TO STATUTE 163.387 – PAGE 35/36 ]
Such increment shall be determined annually and shall be that AMOUNT EQUAL TO 95 percent of the difference between:
STUDY GUIDE
REFERENCE: STRAND DECISION
Working Draft - Trainer's Guide
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Budget, Funding, & Reporting
July 27, 2012 Version
Calculating the Increment Revenue
All taxable properties within the CRA
50% to 95% of the difference in value between ad valorem revenues in current year and revenues calculated for base year when trust fund was established.
Generall
y limited to municipality and county and future ad valorem districts though some other districts may have to contribute
Does not include debt service millage
No longer than 40 years
(or 60 years if created before July 1, 2002)
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Source: Florida Redevelopment Association, 2015
FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
To CALCULATE INCREMENT REVENUE:
All taxable properties within the CRA
50% to 95% of the difference between ad valorem
revenues in current year and the revenues calculated for base year when trust fund was established. – EXPLAIN WHY THIS IS 50% TO 95%
Generally limited to municipality and county and
future ad valorem districts though some other districts may have to contribute
Does not include debt service millage
No longer than 40 years (or 60 years depending on date of creation)
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Budget, Funding, & Reporting
July 27, 2012 Version
Working Draft - Trainer's Guide
CALCULATING THE TAX INCREMENT
The general formula used to calculate
increment revenues is:
I = r(0.95n - i)
where:
I = the increment revenues
r = the tax rate (millage) in the current year
0.95n
= 95% of the assessed valuation for the current year
i = the assessed valuation in the base year
Source: Steven G. Lindorff, FAICP, 2014
1,000
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Use of Funds – FS 163 Part III
Money in the redevelopment trust fund may be expended for undertakings as described in the community redevelopment plan, including, but not limited to:
Administrative and overhead expenses
Redevelopm
ent planning, surveys, & financial analysis
Acquisition of real property
Clearance/preparation & relocation of occupants
Repayment of borrowed funds
Expenses related to bonds/other indebtedness
Devel
opment of affordable housing
Community policing innovations
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Source: Florida Redevelopment Association, 2015
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE] – added such as
The specific areas for expenses identified by Statute 163 include BUT ARE NOT LIMITED TO:
Administrative
and overhead expenses
Redevelopment planning, surveys, & financial analysis
Acquisition of real property in the CRA district
Clearance/preparation &relocation of occupants
Repayment
of borrowed funds
All expenses related to bonds/other indebtedness
Development of affordable housing
Community policing innovations
Working Draft - Trainer's Guide
15
Budget, Funding, & Reporting
July 27, 2012 Version
Administrative & Overhead Expenses
Executive Director and other staff
Technical experts
Other such agents & employees as required
Counsel and legal staff
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Source: Florida Redevelopment Association, 2015
FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
ADMINISTRATIVE AND OVERHEAD EXPENSES include:
Executive Director
Technical experts
Other such agents & employees
as required
Counsel and legal staff
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Budget, Funding, & Reporting
July 27, 2012 Version
Working Draft - Trainer's Guide
What Increment Revenues Can’t Pay For 163.370
Construction or expansion of administrative buildings for public bodies or police and fire buildings.
Each taxing authority can agree to allow this or if the construction or expansion
is contemplated as part of a community policing innovation.
Any publicly owned capital improvements or projects if such projects or improvements were scheduled and approved in a public
capital improvement plan of the governing body or unless and until it is removed from the plan of the governing body and 3 years have elapsed.
General government operating expenses
unrelated to the planning & carrying out of a community redevelopment plan.
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Source: Florida Redevelopment Association, 2015
FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
What Increment Revenues Can’t Pay For- 163.370 (3)
Construction or expansion of administrative buildings for public
bodies or police and fire buildings, unless each taxing authority agrees or unless the construction or expansion is contemplated as part of a community policing innovation.
Any publicly
owned capital improvements or projects if such projects or improvements were scheduled pursuant to a previously approved public capital improvement or project schedule or plan of the
governing body which approved the community redevelopment plan unless and until removed from such schedule or plan of the governing body and 3 years have elapsed.
General government
operating expenses unrelated to the planning & carrying out of a community redevelopment plan.
Working Draft - Trainer's Guide
17
Budget, Funding, & Reporting
July 27, 2012 Version
Other Expenses Increment Revenues Can’t Pay For
Uses not in plan
Pay Board Members/Commissioners for their service as a CRA Board member
Pay for any project or program outside of the Redevelopment Area (in general)
There MAY be
legal uses of funds outside the Redevelopment Area
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Source: Florida Redevelopment Association, 2015
FRA01
[BRIEFLY ELABORATE ON EACH POINT, ACCORDING TO STUDY GUIDE/GLOSSARY]
Other Expenses Increment Revenues Can’t Pay For
Uses not in plan
Pay Board Members/Commissioners for their
service as a CRA Board member
163.356(3)(a) A commissioner shall receive no compensation for services, but is entitled to the necessary expenses, including travel expenses, incurred
in the discharge of duties.
Repair utilities usually paid by a user fee
Pay for any project or program outside of the Redevelopment Area
[SAY – YOU MAY BE ABLE TO FIND LEGAL USES
OF FUNDS OUTSIDE THE REDEVELOPMENT AREA]
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Budget, Funding, & Reporting
July 27, 2012 Version
Working Draft - Trainer's Guide
Some of the Things TIF Can Be Used for
Capital expenditures
Incentives and grants
Code enforcement
Land acquisition
Cost sharing/allocation for services
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Source: Florida Redevelopment Association, 2015
INTEGRITY FRA01
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
Other expense, not specifically mentioned by statute, but reflecting Best Practices include:
Capital
expenditures
Promotion, marketing & events
Code enforcement
Incentives and grants
Cost sharing/allocation for services
REMEMBER CRA EXPENSES MUST PROVIDE A GREATER LEVEL OF SERVICE
WITHIN THE CRA DISTRICT IN ORDER TO MEET THE OBJECTIVES OF THE REDEVELOPMENT PLAN.
Budget, Funding, & Reporting
Working Draft - Trainer's Guide
July 27, 2012 Version
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Expenses Requiring Careful Consideration
Marketing/direct funding of events (AG-2010-40)
Funding non-profits or others to undertake activities in the CRA Plan (AG-2010-40)
Substitution of CRA funding for prior City/County
funding (must be after more than 3 years for CIP)
Maintenance and repair of CRA Projects
Community policing
Reimbursement to City/County of expenses
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Source: Florida Redevelopment Association, 2015
[BRIEFLY ELABORATE ON EACH POINT, ACCORDING TO STUDY GUIDE/GLOSSARY]
There are expenses that REQUIRE CAREFUL CONSIDERATION.
These include:
Marketing/direct funding of events
Funding
non-profits or others to undertake activities not in the CRA Plan
Substitution of CRA funding for prior City/County funding
Maintenance and Repair of CRA Projects
Community Policing
ELABORATE
ON EACH OF THESE – DISCUSSION WITH ATTENDEES
[STUDY GUIDE REFERENCES]
ATTORNEY GENERAL OPINION 2010-40
DECEMBER 2011 – Memorandum – Shepard, Smith & Cassady, P.A.
***
Working Draft - Trainer's Guide
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Budget, Funding, & Reporting
July 27, 2012 Version
Powers of a CRAChapter 163, Part III (highly recommended reading)
163.345 – Encouragement of private enterprise.
163.358 – Exercise of powers in carrying out redevelopment and related activities.
163.360(7)(d) Community Redevelopment Plans maximum
opportunity for rehabilitation and redevelopment by private enterprise.
163.370 (2)(c) Powers; counties and municipalities; community redevelopment agencies.
163.380 – Disposal of Real
Property.
163.400 Cooperation by public bodies.
163.410 Exercise of powers in counties with home rule charters.
163.415 Exercise of powers in counties without home rule charters.
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Source: Florida Redevelopment Association, 2015
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Interlocal Agreements
163.387 (3)(b) states: Alternate provisions contained in an interlocal agreement between a taxing authority and the governing body….may supersede the provisions of this section with
respect to that taxing authority. The Community Redevelopment Agency may be an additional party to any such agreement.
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Source: Florida Redevelopment Association, 2015
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Reporting Requirements – Remember all five of them
Copy of Proposed and Final Budgets posted on official website (two days prior/30 days after) (September/October)
Special district reporting to the Florida Department of Economic Opportunity
(DEO), Division of Community Development, Special Districts Information Program (December)
Annual Report to governing body – (March 31)
Audit (separate or City/County) to each taxing
authority and to Auditor General (45 days after completion or June 30)
Annual Financial Report (AFR/CAFR) to the Florida Department of Financial Services – City or County function (June
30)
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Source: Florida Redevelopment Association, 2015
JEFF: 218.39 (7) All audits conducted pursuant to this section must be conducted in accordance with the rules of the Auditor General adopted pursuant to s. 11.45. Upon completion of
the audit, the auditor shall prepare an audit report in accordance with the rules of the Auditor General. The audit report shall be filed with the Auditor General within 45 days after
delivery of the audit report to the governing body of the audited entity, but no later than 9 months after the end of the audited entity’s fiscal year. The audit report must include
a written statement describing corrective actions to be taken in response to each of the auditor’s recommendations included in the audit report.
[INTEGRITY ISSUE – FRA101 & BOARD TRAINING]
There
are five specific REPORTING REQUIRMENTS for CRAs”
Copy of Tentative and Final Budgets posted on official website (two days prior/30 days after) (September/October) – new requirement,
but to what ‘level of detail’?
√Special district reporting to the Florida Department of Economic Opportunity (DEO), Division of Community Development, Special Districts Information
Program (December) – I think everyone gets this.
√Annual Report to governing body – (March 31) – I think everyone gets this.
Audit (separate or City/County) to each taxing authority
[that pays into the Trust Fund] and to Auditor General (45 days after completion or June 30) – If City/County function, who’s sending to Taxing Authorities?
Annual Financial Report
(AFR/CAFR) to the Florida Department of Financial Services – City or County function (June 30) – new deadline (just passed)
Working Draft - Trainer's Guide
23
Budget, Funding, & Reporting
July 27, 2012 Version
At the End of the Fiscal Year
Funds left in the Redevelopment Trust Fund on the last day of the Fiscal Year shall be:
Returned to the taxing authorities
Used to reduce debt
Deposited in an escrow account for reducing
debt later
Appropriated to a specific project contained in the Redevelopment Plan that will be completed within three (3) years
24
Source: Florida Redevelopment Association, 2015
FRA01
At the End of the Fiscal Year
Funds left in the Redevelopment Trust Fund on the last day of the Fiscal Year shall be:
Returned to the taxing authorities
Used to reduce debt
Deposited
in an escrow account for reducing debt later
Appropriated to a specific project contained in the Redevelopment Plan that will be completed within three (3) years
ASK: WHO WANTS TO
DO THE FIRST?
ASK ATTENDEES TO SHARE EXPERIENCE OF HOW THEY DO THIS.
INTRODUCE THE NOVEMBER RECONCILIATION
Working Draft - Trainer's Guide
24
Budget, Funding, & Reporting
July 27, 2012 Version
At the End of the Fiscal Year
In a CRA there is no carryover into the next fiscal year of an
“Undesignated Fund Balance”
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Source: Florida Redevelopment Association, 2015
FRA01
At the End of the Fiscal Year
Funds left in the Redevelopment Trust Fund on the last day of the Fiscal Year shall be:
Returned to the taxing authorities
Used to reduce debt
Deposited
in an escrow account for reducing debt later
Appropriated to a specific project contained in the Redevelopment Plan that will be completed within three (3) years
ASK: WHO WANTS TO
DO THE FIRST?
ASK ATTENDEES TO SHARE EXPERIENCE OF HOW THEY DO THIS.
INTRODUCE THE NOVEMBER RECONCILIATION
Working Draft - Trainer's Guide
25
Budget, Funding, & Reporting
July 27, 2012 Version
Even If Allowed By Statute……
Any project or program a CRA wishes to undertake must be outlined in the Community Redevelopment Plan (CRP)
IF IT IS NOT IN THE PLAN
YOU CAN’T DO IT !!!!!
26
Source: Florida Redevelopment Association, 2015
FRA01
At the End of the Fiscal Year
Funds left in the Redevelopment Trust Fund on the last day of the Fiscal Year shall be:
Returned to the taxing authorities
Used to reduce debt
Deposited
in an escrow account for reducing debt later
Appropriated to a specific project contained in the Redevelopment Plan that will be completed within three (3) years
ASK: WHO WANTS TO
DO THE FIRST?
ASK ATTENDEES TO SHARE EXPERIENCE OF HOW THEY DO THIS.
INTRODUCE THE NOVEMBER RECONCILIATION
Working Draft - Trainer's Guide
26
Budget, Funding, & Reporting
July 27, 2012 Version
The “Rules” of Engagement
Open Meetings – “Sunshine Law”
Open Records – FS 119.01
Ethics/Conflicts of Interest/Gifts
Recent Amendments
SB 2/HB 7131 Comprehensive Ethics Reform
HB 1075 Public Records Exception
for “Agency” Employee Misconduct
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Source: Florida Redevelopment Association, 2015
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Why is the Public Sector Concerned?
Attract private investment (capital) into slum or blighted areas
Increase the tax base
Investment may not occur without public assistance
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Source: Florida Redevelopment Association, 2015
Attract private investment (capital) into slum or blighted areas
Increase the tax base
Investment won’t occur without public assistance
Budget, Funding, & Reporting
Working Draft - Trainer's Guide
September 21, 2012 Version
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Why Private Sector Investment May Not Occur Without Public Assistance
Investors perceive an inadequate Return on Investment (ROI)
Understand how investors measure ROI
Learn to adjust the imbalance between cost and revenues
Lenders perceive an unacceptable
level of risk
Understand how lenders evaluate risk
Learn to reduce risk of default and foreclosure
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Source: Florida Redevelopment Association, 2015
FRA05
[INTRODUCE EACH POINT. IF NO QUESTIONS, GO ON TO NEXT SLIDE]
Why Investment Does Not Occur Without Public Assistance
Investors perceive an inadequate Return on Investment (ROI)
Understand
how investors measure (ROI)
Learn to adjust the imbalance between cost and revenues
Lenders perceive an unacceptable level of risk
Understand how lenders evaluate risk
Learn to reduce
risk of default and foreclosure
Working Draft - Trainer's Guide
Budget, Funding, & Reporting
July 27, 2012 Version
29
Redevelopment - a Contact Sport
Chapter 163, Part III encourages government to invest public funds with private enterprise to ultimately bring an area back to life.
Local funds, generated by cities and counties, can
be a political football.
Diverse groups have vastly differing ideas on how to use the money.
Lack of vision, leadership, buy-in, and responsible implementation can lead to mission drift.
Public
does not understand the ‘Who, What, When, Where and Why’ of the process.
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Source: Florida Redevelopment Association, 2015
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Successful CRAs
Vision
Leadership
Plan the work, then work the plan
A passion for partnerships
Community support and trust
Patience and the “guts” to stick with it
Wisdom to evolve and embrace the
next opportunity
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Source: Florida Redevelopment Association, 2015
31
Some Best Practices
Always separate CRA vs. Commission meetings
Consider joint procedures for CRA and city, e.g.. Personnel Policies, Financial Management, Purchasing, etc.
Maintain separate insurance
(errors/omissions, liability)
Monitor CRA contracts
Complete all appropriate reports
Use your legal counsel - pay now or pay more later
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Source: Florida Redevelopment Association, 2015
32
Establishing a CRA starts with a “blight study” and adoption of a finding of necessity for redevelopment of an area (Resolution)
Source: VHB Consultants, Inc., 2015
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First things first! Getting started……
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First things first! Getting started……
Next, a community redevelopment plan is prepared and adopted for the district found to be in need of redevelopment (Resolution).
After the redevelopment plan is adopted, the governing
body establishes a “base year” assessed valuation and creates a TIF district (Ordinance).
Once the TIF District is established, the taxing authorities must appropriate and pay into a
tax increment trust fund an amount equal to 95% of the taxes that would be paid on the increment (increased) assessed value over the base year amount.
Source: VHB Consultants, Inc., 2015
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QUESTIONS?
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FINDING OF NECESSITY
163.355 Finding of necessity by county or municipality.—No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing
body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340(7) or (8).
The resolution must state that:
(1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income,
including the elderly, exist in such county or municipality; and
(2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if
appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals,
or welfare of the residents of such county or municipality.
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Chapter 163.340(7) Definitions
(7) “Slum area” means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of
buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the
following factors:
(a) Inadequate provision for ventilation, light, air, sanitation, or open spaces;
(b) High density of population, compared to the population density of adjacent areas
within the county or municipality; and overcrowding, as indicated by government-maintained statistics or other studies and the requirements of the Florida Building Code; or
(c) The existence
of conditions that endanger life or property by fire or other causes.
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Chapter 163.340(8) Definitions
(8) “Blighted area” means an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics
or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present:
(a) Predominance of defective or inadequate
street layout, parking facilities, roadways, bridges, or public transportation facilities;
(b) Aggregate assessed values of real property in the area for ad valorem tax purposes have
failed to show any appreciable increase over the 5 years prior to the finding of such conditions;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary
or unsafe conditions;
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Chapter 163.340(8) Definitions
(e) Deterioration of site or other improvements;
(f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space
compared to the remainder of the county or municipality;
(g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or
municipality;
(h) Tax or special assessment delinquency exceeding the fair value of the land;
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Chapter 163.340(8) Definitions
(i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality;
(j) Incidence of crime in the area higher than in the remainder of
the county or municipality;
(k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality;
(l) A greater number
of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality;
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Chapter 163.340(7) Definitions
(m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or
(n) Governmentally owned
property with adverse environmental conditions caused by a public or private entity.
However, the term “blighted area” also means any area in which at least one of the factors identified
in paragraphs (a) through (n) are present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement or agreements with the agency or by resolution,
that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, “blighted
area” means an area as defined in this subsection.
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