FR.3 - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTIONS 163.353, 163.362, 163.410, AND 163.387, FLORIDA STATUTES, AMENDING CHAPTER 18/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), TITLED “FINANCE/REDEVELOPMENT TRUST FUND”; MORE PARTICULARLY BY ADDING SECTIONS 18-265 THROUGH 18-270 OF THE CITY CODE TO ESTABLISH THE ALLAPATTAH COMMUNITY REDEVELOPMENT TRUST FUND (“FUND”) FOR THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (“ALLAPATTAH CRA”); PROVIDING FOR THE ANNUAL FUNDING OF SAID TRUST FUND BY EACH TAXING AUTHORITY THAT LEVIES AD VALOREM TAXES ON TAXABLE REAL PROPERTY WITHIN THAT CERTAIN GEOGRAPHIC AREA OF THE CITY KNOWN AS ALLAPATTAH, GENERALLY BOUNDED ON THE NORTH BY STATE ROAD 112/AIRPORT EXPRESSWAY, ON THE EAST BY INTERSTATE-95 AND NORTHWEST 7TH AVENUE, ON THE SOUTH BY THE MIAMI RIVER, AND ON THE WEST BY NORTHWEST 19TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A,” ATTACHED AND INCORPORATED (...
September 10, 2026
Sponsors
District One Miguel Angel Gabela
Commissioner
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, codified at Part III of Chapter 163, Sections 163.330 through 163.463, Florida Statutes, as amended (the “Act”); and
WHEREAS, Section 163.410 of the Act provides “In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county”; and
WHEREAS, Section 163.410 of the Act, also provides, in part, “the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powerswithin 120 daysafter the receipt of all required documentation,or such request shall be deemed grantedunless this period is extended by mutual consent in writing by the municipality and county”; and
WHEREAS, onApril 10, 2025, pursuant to Section 163.355 of the Act, the City of Miami (“City”) Commission adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity (“FON”) Report for the area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit “A” attached hereto (the “Redevelopment Area”) to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency (“Allapattah CRA”); and
WHEREAS, upon adoption the FON was transmitted to the County, pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and
WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25-0443, which reiterated the need for the creation of the Allapattah CRA by urging Miami-Dade County (the “County”) to proceed with the establishment of the Allapattah CRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the Allapattah CRA; and
WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25-0443 to the County, pursuant to Section 163.410 of the Act; and
WHEREAS, March 3, 2026, marked the 120thday following November 3, 2025; and
WHEREAS,accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City’s request for the County’s delegation of authority to proceed with the creation and operation of the Allapattah CRA was deemed granted; and
WHEREAS, on April 9, 2026, the City Commission, pursuant to the Act and its delegation of authority, adopted Resolution No. R-26-0161 which established the Allapattah CRA, a public body corporate and politic, pursuant to Sections 163.355, 163.356, and 163.357, of the Act, and declared the members of the City Commission to be the members of the board of commissioners of the Agency and declared the need for the Allapattah CRA to function within the City to carry out community redevelopment activities; and
WHEREAS, on July 23, 2026, the City Commission, sitting as the governing body of the Allapattah CRA, adopted Resolution No. R-26-0340, which, after a duly noticed public hearing and pursuant to Sections 163.346, 163.357, 163.360, and 163.362, of the Act, approved and adopted the Allapattah CRA’s Community Redevelopment Plan (the “Plan”) and accepted and incorporated the boundaries of the Redevelopment Area, and further directed the City Clerk to transmit a copy of said Resolution, with its attachments, to each taxing authority; and
WHEREAS, Section 163.387(1)(a), of the Act, provides that no community redevelopment agency may receive or spend any increment revenues unless and until the governing body has, by ordinance, created a redevelopment trust fund and provided for the funding of that trust fund until the time certain set forth in the community redevelopment plan as required by Section 163.362(10), of the Act, and further provides that such an ordinance may be adopted only after the governing body has approved a community redevelopment plan; and
WHEREAS, the Plan required by Section 163.362, of the Act, has been approved and adopted and the condition precedent to the adoption of this Ordinance has therefore been satisfied; and
WHEREAS, it is necessary to create a redevelopment trust fund to be funded with ad valorem tax increment revenues, pursuant to Sections 163.353 and 163.387, of the Act, in order to provide funds to finance or refinance the community redevelopment contemplated by the Plan; and
WHEREAS, prior to the enactment of this Ordinance, and in accordance with Section 163.346, of the Act, the City provided public notice of this proposed action pursuant to Section 166.041(3)(a), of the Act, and, at least fifteen (15) days before the proposed action, mailed by registered mail a notice of this proposed action to each taxing authority that levies ad valorem taxes on taxable real property contained within the geographic boundaries of the Redevelopment Area; and
WHEREAS, the City Commission finds that the establishment of the Allapattah Community Redevelopment Trust Fund serves a valid and paramount public purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18/Article VII/ of the Code of the City of Miami, Florida, as amended (“City Code”), is further amended in the following particulars:
“CHAPTER 18
FINANCE
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ARTICLE VII. -REDEVELOPMENT TRUST FUND
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Sec. 18-265. – Definitions and Establishment.
Definitions. Except as otherwise expressly provided in this Ordinance, all capitalized terms used in this Ordinance shall have the meanings ascribed to them in Part III of Chapter 163, Florida Statutes. As used in this Ordinance:
(a) “Agency” or “Allapattah CRA” means the Allapattah Redevelopment District Community Redevelopment Agency, a public body corporate and politic created by the City Commission pursuant to Sections 163.356, 163.357, and 163.410 Florida Statutes.
(b) “Base Year” means the year of the assessment roll fixed in Section 18-266 of this Code.
(c) “Fund” or “Trust Fund” means the Allapattah Community Redevelopment Trust Fund as established herein.
(d) “Increment Revenues” means the tax increment computed in accordance with 18-266 of this Code and Section 163.387(1)(a), Florida Statutes.
(e) “Interlocal Agreement” means the Interlocal Cooperation Agreement between the City and the Agency approved by Resolution No. R-26-\_\_\_\_\_\_ and Resolution No. ACRA-R-26-\_\_\_\_\_\_, as the same may be amended from time to time, together with any interlocal agreement entered into with a taxing authority pursuant to Section 163.387(3)(b), Florida Statutes.
(f) “Plan” means the Allapattah CRA Community Redevelopment Plan approved and adopted by Resolution No. R-26-0340, as the same may be amended or modified from time to time in accordance with Section 163.361, Florida Statutes.
(g) “Redevelopment Area” means the geographic area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit “A,” attached and incorporated.
(h) “Taxing Authority” has the meaning ascribed in Section 163.340(2), Florida Statutes, excluding any public body exempted by Section 163.387(2)(c), Florida Statutes, or exempted by the City Commission pursuant to Section 163.387(2)(d), Florida Statutes.
Establishment of the Trust Fund. There is hereby established the “Allapattah Community Redevelopment Trust Fund” for the Redevelopment Area. The Fund shall be established and maintained as a separate trust fund account, segregated from all other funds and accounts of the City and of the Agency, into which shall be deposited all Increment Revenues and all other funds, revenues, grants, contributions, and earnings allocated or dedicated to the Fund. Monies in the Fund shall be used by the Agency to finance or refinance community redevelopment undertaken by the Agency pursuant to the Plan and in accordance with the Act, this Ordinance, and the Interlocal Agreement, and for no other purpose. The Fund shall exist for the duration of the projects undertaken by the Agency pursuant to the Plan and this Ordinance.
Sec. 18-266. - Base Year, Annual Funding, and Annual Appropriation.
A)Base Year: Most Recent Assessment Roll. For purposes of computing the Increment Revenues to be deposited annually into the Fund, the most recent assessment roll used in connection with the taxation of taxable real property within the Redevelopment Area by each Taxing Authority prior to the effective date of this Ordinance is the 2026 Tax Roll of Miami-Dade County, Florida, reflecting the assessed values of such property as of January 1, 2026, and the 2026 Tax Roll is hereby fixed and determined to be the Base Year roll. Deposits into the Fund shall commence with the incremental increases in ad valorem tax revenues resulting from the tax rolls for the tax year beginning January 1, 2027, and each tax year thereafter, and the first annual appropriation to the Fund shall be due by January 1, 2028.
B)Annual Funding: Computation of the Increment. Each Taxing Authority shall annually pay into the Fund an amount not less than the increment in the income, proceeds, revenues, and funds of such Taxing Authority derived from or held in connection with the undertaking and carrying out of community redevelopment under the Act within the Redevelopment Area. Such increment shall be determined annually and shall be an amount equal to ninety-five percent (95%) of the difference between:
1.the amount of ad valorem taxes levied each year by such Taxing Authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the Redevelopment Area; and
2.the amount of ad valorem taxes that would have been produced by the rate upon which the tax is levied each year by or for such Taxing Authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the Redevelopment Area as shown upon the Base Year roll fixed in subsection A) above.
Notwithstanding the foregoing, the annual contribution of any Taxing Authority may be established at a percentage other than ninety-five percent (95%), but in no event less than fifty percent (50%) of the difference computed under subsections (A) and (B) above, where such alternate percentage is set forth in an interlocal agreement between that Taxing Authority and the City entered into pursuant to Section 163.387(3)(b), Florida Statutes.
C)Annual Appropriation: Time of Payment; Duration. Upon the effective date of this Ordinance, each Taxing Authority shall, by January 1 of each year, appropriate to the Fund the sum determined in accordance with Section 18-266 of this Code accruing to such Taxing Authority. The obligation to make the annual appropriation shall continue for a period not to exceed thirty (30) years after the fiscal year in which the Plan was initially approved and adopted, the Agency having been created after July 1, 2002, and shall in all events terminate no later than September 30, 2056, which date is the time certain set forth in the Plan pursuant to Section 163.362(10), Florida Statutes.
Sec. 18-267. Penalty and Interest for Late Payment.
Any Taxing Authority that does not pay the Increment Revenues due to the Fund by January 1 shall pay to the Fund an amount equal to five percent (5%) of the amount of the Increment Revenues then due and shall pay interest on the amount of the unpaid Increment Revenues equal to one percent (1%) for each month the increment is outstanding; provided, however, that the Agency may waive such penalty payments in whole or in part.
Sec. 18-268. Exempt Public Bodies.
Consistent with Section 163.387(2)(c), Florida Statutes, the obligation to fund the Trust Fund established by this Ordinance shall not apply to: (i) a special district that levies ad valorem taxes on taxable real property in more than one county; (ii) a special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time this Ordinance is adopted; (iii) a library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984; (iv) a neighborhood improvement district created under the Safe Neighborhoods Act; (v) a metropolitan transportation authority; (vi) a water management district created under Section 373.069, Florida Statutes; and (vii) the Agency having been created on or after July 1, 2016, a hospital district that is a special district.
Sec. 18-269. Continuing Obligation.
Alternate Provisions by Interlocal Agreement. Notwithstanding 18-267 of this Code, the obligation of the City to fund the Trust Fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of the Agency incurred as a result of redevelopment in the Redevelopment Area have been paid, all as provided in Section 163.387(3)(a), Florida Statutes. Alternate provisions contained in an interlocal agreement between a Taxing Authority and the City may supersede the provisions of this Ordinance with respect to that Taxing Authority, as provided in Section 163.387(3)(b), Florida Statutes, and the Agency may be an additional party to any such agreement.
Sec. 18-270. Administration of the Fund, Permitted Expenditures, Year-End Balance, Annual Independent Audit, Bonds and Other Indebtedness, and Termination.
1.Administration and Custody of the Fund. The Fund shall be held and administered in accordance with the Act, this Ordinance, and the Interlocal Agreement. The Agency accepts full responsibility for the receipt, custody, disbursement, accountability, management, and proper application of all monies paid into the Fund. The Agency shall establish and maintain books and records and shall adopt rules, regulations, criteria, and procedures whereby the Fund may be promptly and effectively administered and whereby the Agency may expeditiously and without undue delay utilize such monies for their allocated statutory purposes and in accordance with its adopted annual budget.
2.Permitted Expenditures. Annual Budget. The Agency shall comply with the requirements of Section 189.016, Florida Statutes, except as otherwise provided in Section 163.387(6), Florida Statutes. The Agency shall submit its annual budget to the Board of County Commissioners of Miami-Dade County within ten (10) days after the adoption of such budget, and shall submit any amendment of its annual budget within ten (10) days after the adoption date of the amended budget. The annual budget of the Agency may provide for payment of the following expenses, and monies in the Fund may be expended only for such purposes:
(a) administrative and overhead expenses directly or indirectly necessary to implement the Plan;
(b) expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the City Commission or the Agency for such expenses incurred before the Plan was approved and adopted;
(c) the acquisition of real property in the Redevelopment Area;
(d) the clearance and preparation of any part of the Redevelopment Area for redevelopment and the relocation of site occupants within or outside the Redevelopment Area as provided in Section 163.370, Florida Statutes;
(e) the repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness;
(f) all expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness;
(g) the development of affordable housing within the Redevelopment Area;
(h) the development of community policing innovations; and
(i) expenses that are necessary to exercise the powers granted under Section 163.370, Florida Statutes, as delegated under Section 163.358, Florida Statutes.
Monies in the Fund shall not be expended for the construction or expansion of administrative buildings for public bodies or police and fire buildings except as permitted by Section 163.370(3), Florida Statutes, nor for general government operating expenses unrelated to the planning and carrying out of the Plan.
3.Year-End Fund Balance. On the last day of the fiscal year of the Agency, any monies which remain in the Fund after the payment of expenses pursuant to Section 18-270 of this Code for such year shall be: (a) returned to each Taxing Authority which paid the increment in the proportion that the amount of the payment of such Taxing Authority bears to the total amount paid into the Fund by all Taxing Authorities for that year; (b) used to reduce the amount of any indebtedness to which Increment Revenues are pledged; (c) deposited into an escrow account for the purpose of later reducing any indebtedness to which Increment Revenues are pledged; or (d) appropriated to a specific redevelopment project pursuant to the Plan, the monies so appropriated not to be changed unless the project is amended, redesigned, or delayed, in which case the monies must be reappropriated pursuant to the next annual budget adopted by the board of commissioners of the Agency.
4.Annual Independent Audit. The Agency shall provide for a financial audit of the Fund each fiscal year by an independent certified public accountant or firm in accordance with Section 163.387(8), Florida Statutes, and the rules for audits of local governments adopted by the Auditor General, whenever the Agency has revenues, or a total of expenditures and expenses, in excess of $100,000 as reported on the Trust Fund financial statements. The audit report shall describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the Fund during the fiscal year, the amount of principal and interest paid during such year on any indebtedness to which Increment Revenues are pledged and the remaining amount of such indebtedness; shall include financial statements identifying the assets, liabilities, income, and operating expenses of the Agency as of the end of such fiscal year; and shall include a finding by the auditor as to whether the Agency is in compliance with Sections 163.387(6) and (7), Florida Statutes. The audit report shall accompany the annual financial report submitted by the City to the Department of Financial Services as provided in Section 218.32, Florida Statutes, and a copy shall be provided to each Taxing Authority.
5.Bonds and Other Indebtedness Not a General Obligation. Any revenue bonds or notes issued under the Act and payable from Increment Revenues shall be payable solely out of revenues pledged to and received by the Agency and deposited into the Fund. The lien created by any such bonds or notes shall not attach until the Increment Revenues are deposited into the Fund at the times, and to the extent that, such Increment Revenues accrue. The holders of such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. Such obligations shall not constitute a debt, liability, or obligation of the City, the County, or the State of Florida, or a pledge of the faith and credit of any of them. No indebtedness pledging Increment Revenues shall be incurred by the Agency without the prior approval of the City Commission and, to the extent required by the County’s delegation of powers or the Act, the Board of County Commissioners of Miami-Dade County, and the duration of any such indebtedness shall not extend beyond the last day of the last fiscal year of the Agency’s legal existence.
6.Termination of Funding. Upon the expiration of the Agency and the Redevelopment Area, or upon the earlier satisfaction of all obligations for which Increment Revenues have been pledged, the obligation of each Taxing Authority to appropriate to the Fund shall terminate, and any monies remaining in the Fund shall be disposed of in accordance with Section 18-270 of this Code and Section 163.387(7), Florida Statutes.
Sec.18-26918-271-18-290. Reserved.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. Codification; Conflicts. The provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, and the sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” or such other appropriate word or phrase to accomplish such intention. All ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and signature of the Mayor.
WHEREAS, Section 163.410 of the Act provides “In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county”; and
WHEREAS, Section 163.410 of the Act, also provides, in part, “the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powerswithin 120 daysafter the receipt of all required documentation,or such request shall be deemed grantedunless this period is extended by mutual consent in writing by the municipality and county”; and
WHEREAS, onApril 10, 2025, pursuant to Section 163.355 of the Act, the City of Miami (“City”) Commission adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity (“FON”) Report for the area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit “A” attached hereto (the “Redevelopment Area”) to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency (“Allapattah CRA”); and
WHEREAS, upon adoption the FON was transmitted to the County, pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and
WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25-0443, which reiterated the need for the creation of the Allapattah CRA by urging Miami-Dade County (the “County”) to proceed with the establishment of the Allapattah CRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the Allapattah CRA; and
WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25-0443 to the County, pursuant to Section 163.410 of the Act; and
WHEREAS, March 3, 2026, marked the 120thday following November 3, 2025; and
WHEREAS,accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City’s request for the County’s delegation of authority to proceed with the creation and operation of the Allapattah CRA was deemed granted; and
WHEREAS, on April 9, 2026, the City Commission, pursuant to the Act and its delegation of authority, adopted Resolution No. R-26-0161 which established the Allapattah CRA, a public body corporate and politic, pursuant to Sections 163.355, 163.356, and 163.357, of the Act, and declared the members of the City Commission to be the members of the board of commissioners of the Agency and declared the need for the Allapattah CRA to function within the City to carry out community redevelopment activities; and
WHEREAS, on July 23, 2026, the City Commission, sitting as the governing body of the Allapattah CRA, adopted Resolution No. R-26-0340, which, after a duly noticed public hearing and pursuant to Sections 163.346, 163.357, 163.360, and 163.362, of the Act, approved and adopted the Allapattah CRA’s Community Redevelopment Plan (the “Plan”) and accepted and incorporated the boundaries of the Redevelopment Area, and further directed the City Clerk to transmit a copy of said Resolution, with its attachments, to each taxing authority; and
WHEREAS, Section 163.387(1)(a), of the Act, provides that no community redevelopment agency may receive or spend any increment revenues unless and until the governing body has, by ordinance, created a redevelopment trust fund and provided for the funding of that trust fund until the time certain set forth in the community redevelopment plan as required by Section 163.362(10), of the Act, and further provides that such an ordinance may be adopted only after the governing body has approved a community redevelopment plan; and
WHEREAS, the Plan required by Section 163.362, of the Act, has been approved and adopted and the condition precedent to the adoption of this Ordinance has therefore been satisfied; and
WHEREAS, it is necessary to create a redevelopment trust fund to be funded with ad valorem tax increment revenues, pursuant to Sections 163.353 and 163.387, of the Act, in order to provide funds to finance or refinance the community redevelopment contemplated by the Plan; and
WHEREAS, prior to the enactment of this Ordinance, and in accordance with Section 163.346, of the Act, the City provided public notice of this proposed action pursuant to Section 166.041(3)(a), of the Act, and, at least fifteen (15) days before the proposed action, mailed by registered mail a notice of this proposed action to each taxing authority that levies ad valorem taxes on taxable real property contained within the geographic boundaries of the Redevelopment Area; and
WHEREAS, the City Commission finds that the establishment of the Allapattah Community Redevelopment Trust Fund serves a valid and paramount public purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18/Article VII/ of the Code of the City of Miami, Florida, as amended (“City Code”), is further amended in the following particulars:
“CHAPTER 18
FINANCE
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ARTICLE VII. -REDEVELOPMENT TRUST FUND
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Sec. 18-265. – Definitions and Establishment.
Definitions. Except as otherwise expressly provided in this Ordinance, all capitalized terms used in this Ordinance shall have the meanings ascribed to them in Part III of Chapter 163, Florida Statutes. As used in this Ordinance:
(a) “Agency” or “Allapattah CRA” means the Allapattah Redevelopment District Community Redevelopment Agency, a public body corporate and politic created by the City Commission pursuant to Sections 163.356, 163.357, and 163.410 Florida Statutes.
(b) “Base Year” means the year of the assessment roll fixed in Section 18-266 of this Code.
(c) “Fund” or “Trust Fund” means the Allapattah Community Redevelopment Trust Fund as established herein.
(d) “Increment Revenues” means the tax increment computed in accordance with 18-266 of this Code and Section 163.387(1)(a), Florida Statutes.
(e) “Interlocal Agreement” means the Interlocal Cooperation Agreement between the City and the Agency approved by Resolution No. R-26-\_\_\_\_\_\_ and Resolution No. ACRA-R-26-\_\_\_\_\_\_, as the same may be amended from time to time, together with any interlocal agreement entered into with a taxing authority pursuant to Section 163.387(3)(b), Florida Statutes.
(f) “Plan” means the Allapattah CRA Community Redevelopment Plan approved and adopted by Resolution No. R-26-0340, as the same may be amended or modified from time to time in accordance with Section 163.361, Florida Statutes.
(g) “Redevelopment Area” means the geographic area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit “A,” attached and incorporated.
(h) “Taxing Authority” has the meaning ascribed in Section 163.340(2), Florida Statutes, excluding any public body exempted by Section 163.387(2)(c), Florida Statutes, or exempted by the City Commission pursuant to Section 163.387(2)(d), Florida Statutes.
Establishment of the Trust Fund. There is hereby established the “Allapattah Community Redevelopment Trust Fund” for the Redevelopment Area. The Fund shall be established and maintained as a separate trust fund account, segregated from all other funds and accounts of the City and of the Agency, into which shall be deposited all Increment Revenues and all other funds, revenues, grants, contributions, and earnings allocated or dedicated to the Fund. Monies in the Fund shall be used by the Agency to finance or refinance community redevelopment undertaken by the Agency pursuant to the Plan and in accordance with the Act, this Ordinance, and the Interlocal Agreement, and for no other purpose. The Fund shall exist for the duration of the projects undertaken by the Agency pursuant to the Plan and this Ordinance.
Sec. 18-266. - Base Year, Annual Funding, and Annual Appropriation.
A)Base Year: Most Recent Assessment Roll. For purposes of computing the Increment Revenues to be deposited annually into the Fund, the most recent assessment roll used in connection with the taxation of taxable real property within the Redevelopment Area by each Taxing Authority prior to the effective date of this Ordinance is the 2026 Tax Roll of Miami-Dade County, Florida, reflecting the assessed values of such property as of January 1, 2026, and the 2026 Tax Roll is hereby fixed and determined to be the Base Year roll. Deposits into the Fund shall commence with the incremental increases in ad valorem tax revenues resulting from the tax rolls for the tax year beginning January 1, 2027, and each tax year thereafter, and the first annual appropriation to the Fund shall be due by January 1, 2028.
B)Annual Funding: Computation of the Increment. Each Taxing Authority shall annually pay into the Fund an amount not less than the increment in the income, proceeds, revenues, and funds of such Taxing Authority derived from or held in connection with the undertaking and carrying out of community redevelopment under the Act within the Redevelopment Area. Such increment shall be determined annually and shall be an amount equal to ninety-five percent (95%) of the difference between:
1.the amount of ad valorem taxes levied each year by such Taxing Authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the Redevelopment Area; and
2.the amount of ad valorem taxes that would have been produced by the rate upon which the tax is levied each year by or for such Taxing Authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the Redevelopment Area as shown upon the Base Year roll fixed in subsection A) above.
Notwithstanding the foregoing, the annual contribution of any Taxing Authority may be established at a percentage other than ninety-five percent (95%), but in no event less than fifty percent (50%) of the difference computed under subsections (A) and (B) above, where such alternate percentage is set forth in an interlocal agreement between that Taxing Authority and the City entered into pursuant to Section 163.387(3)(b), Florida Statutes.
C)Annual Appropriation: Time of Payment; Duration. Upon the effective date of this Ordinance, each Taxing Authority shall, by January 1 of each year, appropriate to the Fund the sum determined in accordance with Section 18-266 of this Code accruing to such Taxing Authority. The obligation to make the annual appropriation shall continue for a period not to exceed thirty (30) years after the fiscal year in which the Plan was initially approved and adopted, the Agency having been created after July 1, 2002, and shall in all events terminate no later than September 30, 2056, which date is the time certain set forth in the Plan pursuant to Section 163.362(10), Florida Statutes.
Sec. 18-267. Penalty and Interest for Late Payment.
Any Taxing Authority that does not pay the Increment Revenues due to the Fund by January 1 shall pay to the Fund an amount equal to five percent (5%) of the amount of the Increment Revenues then due and shall pay interest on the amount of the unpaid Increment Revenues equal to one percent (1%) for each month the increment is outstanding; provided, however, that the Agency may waive such penalty payments in whole or in part.
Sec. 18-268. Exempt Public Bodies.
Consistent with Section 163.387(2)(c), Florida Statutes, the obligation to fund the Trust Fund established by this Ordinance shall not apply to: (i) a special district that levies ad valorem taxes on taxable real property in more than one county; (ii) a special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time this Ordinance is adopted; (iii) a library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984; (iv) a neighborhood improvement district created under the Safe Neighborhoods Act; (v) a metropolitan transportation authority; (vi) a water management district created under Section 373.069, Florida Statutes; and (vii) the Agency having been created on or after July 1, 2016, a hospital district that is a special district.
Sec. 18-269. Continuing Obligation.
Alternate Provisions by Interlocal Agreement. Notwithstanding 18-267 of this Code, the obligation of the City to fund the Trust Fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of the Agency incurred as a result of redevelopment in the Redevelopment Area have been paid, all as provided in Section 163.387(3)(a), Florida Statutes. Alternate provisions contained in an interlocal agreement between a Taxing Authority and the City may supersede the provisions of this Ordinance with respect to that Taxing Authority, as provided in Section 163.387(3)(b), Florida Statutes, and the Agency may be an additional party to any such agreement.
Sec. 18-270. Administration of the Fund, Permitted Expenditures, Year-End Balance, Annual Independent Audit, Bonds and Other Indebtedness, and Termination.
1.Administration and Custody of the Fund. The Fund shall be held and administered in accordance with the Act, this Ordinance, and the Interlocal Agreement. The Agency accepts full responsibility for the receipt, custody, disbursement, accountability, management, and proper application of all monies paid into the Fund. The Agency shall establish and maintain books and records and shall adopt rules, regulations, criteria, and procedures whereby the Fund may be promptly and effectively administered and whereby the Agency may expeditiously and without undue delay utilize such monies for their allocated statutory purposes and in accordance with its adopted annual budget.
2.Permitted Expenditures. Annual Budget. The Agency shall comply with the requirements of Section 189.016, Florida Statutes, except as otherwise provided in Section 163.387(6), Florida Statutes. The Agency shall submit its annual budget to the Board of County Commissioners of Miami-Dade County within ten (10) days after the adoption of such budget, and shall submit any amendment of its annual budget within ten (10) days after the adoption date of the amended budget. The annual budget of the Agency may provide for payment of the following expenses, and monies in the Fund may be expended only for such purposes:
(a) administrative and overhead expenses directly or indirectly necessary to implement the Plan;
(b) expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the City Commission or the Agency for such expenses incurred before the Plan was approved and adopted;
(c) the acquisition of real property in the Redevelopment Area;
(d) the clearance and preparation of any part of the Redevelopment Area for redevelopment and the relocation of site occupants within or outside the Redevelopment Area as provided in Section 163.370, Florida Statutes;
(e) the repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness;
(f) all expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness;
(g) the development of affordable housing within the Redevelopment Area;
(h) the development of community policing innovations; and
(i) expenses that are necessary to exercise the powers granted under Section 163.370, Florida Statutes, as delegated under Section 163.358, Florida Statutes.
Monies in the Fund shall not be expended for the construction or expansion of administrative buildings for public bodies or police and fire buildings except as permitted by Section 163.370(3), Florida Statutes, nor for general government operating expenses unrelated to the planning and carrying out of the Plan.
3.Year-End Fund Balance. On the last day of the fiscal year of the Agency, any monies which remain in the Fund after the payment of expenses pursuant to Section 18-270 of this Code for such year shall be: (a) returned to each Taxing Authority which paid the increment in the proportion that the amount of the payment of such Taxing Authority bears to the total amount paid into the Fund by all Taxing Authorities for that year; (b) used to reduce the amount of any indebtedness to which Increment Revenues are pledged; (c) deposited into an escrow account for the purpose of later reducing any indebtedness to which Increment Revenues are pledged; or (d) appropriated to a specific redevelopment project pursuant to the Plan, the monies so appropriated not to be changed unless the project is amended, redesigned, or delayed, in which case the monies must be reappropriated pursuant to the next annual budget adopted by the board of commissioners of the Agency.
4.Annual Independent Audit. The Agency shall provide for a financial audit of the Fund each fiscal year by an independent certified public accountant or firm in accordance with Section 163.387(8), Florida Statutes, and the rules for audits of local governments adopted by the Auditor General, whenever the Agency has revenues, or a total of expenditures and expenses, in excess of $100,000 as reported on the Trust Fund financial statements. The audit report shall describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the Fund during the fiscal year, the amount of principal and interest paid during such year on any indebtedness to which Increment Revenues are pledged and the remaining amount of such indebtedness; shall include financial statements identifying the assets, liabilities, income, and operating expenses of the Agency as of the end of such fiscal year; and shall include a finding by the auditor as to whether the Agency is in compliance with Sections 163.387(6) and (7), Florida Statutes. The audit report shall accompany the annual financial report submitted by the City to the Department of Financial Services as provided in Section 218.32, Florida Statutes, and a copy shall be provided to each Taxing Authority.
5.Bonds and Other Indebtedness Not a General Obligation. Any revenue bonds or notes issued under the Act and payable from Increment Revenues shall be payable solely out of revenues pledged to and received by the Agency and deposited into the Fund. The lien created by any such bonds or notes shall not attach until the Increment Revenues are deposited into the Fund at the times, and to the extent that, such Increment Revenues accrue. The holders of such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. Such obligations shall not constitute a debt, liability, or obligation of the City, the County, or the State of Florida, or a pledge of the faith and credit of any of them. No indebtedness pledging Increment Revenues shall be incurred by the Agency without the prior approval of the City Commission and, to the extent required by the County’s delegation of powers or the Act, the Board of County Commissioners of Miami-Dade County, and the duration of any such indebtedness shall not extend beyond the last day of the last fiscal year of the Agency’s legal existence.
6.Termination of Funding. Upon the expiration of the Agency and the Redevelopment Area, or upon the earlier satisfaction of all obligations for which Increment Revenues have been pledged, the obligation of each Taxing Authority to appropriate to the Fund shall terminate, and any monies remaining in the Fund shall be disposed of in accordance with Section 18-270 of this Code and Section 163.387(7), Florida Statutes.
Sec.18-26918-271-18-290. Reserved.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. Codification; Conflicts. The provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, and the sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” or such other appropriate word or phrase to accomplish such intention. All ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and signature of the Mayor.
Fiscal Impact
N/A