Various Finance Options

Question 1

State the 5 steps for County to impose special assessments for w/ww.
———–
Does O pay interest free? When? What is interest otherwise (2 instances)?
———–
Pursuant to what statute?

Answer 1

FINANCING

(1) Publish resolution.
(2) 10 day notice
(3) PH
(4) 10 days O must appeal to court
- ———-
(1) Yes, 0% int if O pays w/i 30 days.
(2) 8% thereafter.
(3) If County pd w/ bond, charge 1% over.
- ———-
153. 05.

Question 2

What Chapter & what kind of financing can LG use for Community Redevelopment?

Answer 2

FINANCING
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163.
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May issue bonds & tax increment.

Question 3

If LG wants to address slum/blight or affordable housing, what is first step?

Answer 3

FINANCING

163. 355 requires finding of NECESSITY via resolution w/ legislative findings that slum/blight or affordable housing is necessary in interest of H,S,W.

Question 4

What is a CRA?

Answer 4

FINANCING
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Public body corporate & politic.
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163.356

Question 5

What 3 mechanisms can CRA use to finance community redevelopment?
———–
What (non-finance) is specifically NOT permitted?

Answer 5

FINANCING
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(1) Bonds, (2) Tax Increment, (3) Spec Ass.
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Eminent domain.

Question 6

FINANCING
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What 2 things must County do if its CRA extends into a muni?
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Who is in charge of that CRA?

Answer 6

FINANCING

(1) Get muni permission.
(2) Put council mbr on board.
- ———-
(3) County remains in charge.

Question 7

Can Munis act extraterritorially?

Answer 7

#1) 159 INDUST DEVELOP FIN ACT. Econ dev is in best interest of state w/o regard to boundaries.
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#2) 180 MUNI WORKS but not into another muni & can’t encroach into served area
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#3) 166.0495. By interlocal can K w/ adjacent Muni to perform LEO w/ ADJACENT Muni in SAME COUNTY.

Question 8

What DEP special districts can Counties form?

Answer 8

SPEC DIST

1. Indig healthcare (154.331).

Question 9

SPECIAL ASSESSMENT
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TRUE OR FALSE
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Chapter 170, Florida Statutes, is the only method by which cities and counties may levy special assessments and issue special assessment bonds.

Answer 9

SPECIAL ASSESSMENT
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FALSE
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COUNTIES
(a)  Ch 153 - spec ass + bonds for water/ww
(b)  Ch 125 - pass ordinance
(c)  Home Rule [Chrt:  not inconst/N-C:  as provided]

MUNIS
(a)  Ch 170
(b)  Home Rule - pass Ordinance. 
[govtl, corp, proprietary pwrs to conduct govt, perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.]
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197.3632 place on tax bill

Question 10

Do Munis have Home Rule authority to impose taxes &, thus, assessments extraterritorially?

Answer 10

If obligated by law to provide pub works extraterr, may impose when extraterr O connects.
———–
Munis possess no home rule power to levy A-V tax.
—
Pwr comes from Art. 7, sec 1(a) + 9(a).
Pwr implemented by 166.201 + 166.211.
———–
Assessments are a peculiar form of taxation which is not authorized past muni borders.

Question 11

Do LGs have home rule power to levy A-V tax?

Answer 11

TAXATION
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No!  Tax pwr comes from Art. 7, sec 1(a) + 9(a).
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Pwr implemented by 166.201 + 166.211.

Question 12

State the 6 things we know about how COUNTIES can act & finance those actions.

Answer 12

COUNTIES
(1) Ch 153 - SA + bonds unincorp water/ww dists.
(2) Ch 125 - pass ord.
(3) HR [Chrt: not inconst/N-C: as provided].
(4) 125.045 - County econ dev pwrs EXTRA
MAINTAIN & finance
(5) 190 - Create Comm Redev (INDEP) District. AV tax 3 mills w/ referendum + SA to MAINTAIN & finance
(6) 197.3632 place SA + MSTU/BUs on tax bill

Question 13

State the 5 things we know about how MUNIS can act & finance those actions.

Answer 13

MUNIS

(1) Ch 170 - S.A., Muni infra only, no counties.
(2) Ch 180 - SA, pub wrks, not into another muni or encroach on existing service.
(3) HR - perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.]
(4) 166.0495 - LEO interlocal adjoin + same county
(5) 197.3632 place SAs on tax bill

Question 14

VARIOUS FINANCE
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Summarize what we know:
6 ways County can act/finance.
5 ways City can act/finance.

Answer 14

• —- COUNTIES —–
  (1) Ch 153 - SA + bonds unincorp water/ww dists.
  (2) Ch 125 - pass ord.
  (3) HR [Chrt: not inconst/N-C: as provided].
  (4) 125.045 - County econ dev pwrs
  (5) 190 - Create Comm Redev (INDEP) District. AV tax 3 mills w/ referendum + SA to MAINTAIN & finance
  (6) 197.3632 place SAs + MSTU/BUs on tax bill
• —- MUNIS —–
  (1) Ch 170 - S.A., Muni infra only, no counties.
  (2) Ch 180 - SA, extraterr, not into muni or encroach on existing service
  (3) HR - perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.]
  (4) 166.0495 - LEO interlocal adjoin + same county
  (5) 197.3632 place SAs on tax bill

Question 15

State INDEPENDENT Special Districts that can be created & the gist of their powers.

Answer 15

1) 190 - Comm Redev (INDEP) District.
(a) AV tax 3 mills w/ referendum
(b) SA to MAINTAIN & finance
(c) 2.5k ac or less, form by County
(d) 2.5k ac or more, form by Legis.
- ———-
2) Hospital? Indigent? Children’s?&raquo_space; dep?