Community Redevelopment Agency Reporting Requirements From a Dependent Special District Perspective

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Community Redevelopment AgencyReporting
RequirementsFrom a Dependent Special District
Perspective

• Jack Gaskins Jr.
• Department of Community Affairs
• Special District Information Program

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Presentations Topics

• Special District Information Program
• Special Districts
• Definitions
• Advantages
• Statistics
• State Policies
• Basic Reporting Requirements
• Failure to Comply

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Department of Community AffairsSpecial District
Information Program

• Administers Uniform Special District
  Accountability Act of 1989 (Chapter 189, Florida
  Statutes)
• Serves as a State Special District Clearinghouse
• Official List of Special Districts Online
• Provides Technical Assistance
• Florida Special District Handbook Online
• Sponsors Training Opportunities
• Florida Association of Special Districts Annual
  Conference
• Certified District Manager Program
• Enforces Compliance with Reporting Requirements
  When Necessary

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Special Districts - Definitions

• Special districts
• are units of local special-purpose government
  (e.g., they perform specialized governmental
  functions and have a governing board with
  policy-making powers)
• are created by general law, special act, local
  ordinance, or by rule of the Governor and Cabinet
• operate within a limited geographical area

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Special Districts - Definitions

• Special district are not
• school or community college districts
• Seminole and Miccosukee Tribe special improvement
  districts
• municipal service taxing or benefit units
• boards that provide electrical service and are
  political subdivisions of a municipality or part
  of a municipality

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Special Districts - Definitions

• CRAs are special districts because they
• are established by local ordinance pursuant to
  Florida Statute
• have special governmental purposes implemented by
  specialized functions and related prescribed
  powers
• have a governing board with policy-making powers
• operate within a limited geographical area
• are not excluded from the definition

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Special Districts - Definitions

• Status For financial reporting and other
  purposes, special districts are classified as
  either
• Dependent (usually created by counties and
  municipalities, but exceptions apply)
• Independent (usually created by the Florida
  Legislature, but exceptions apply)

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Special Districts - Definitions

• Dependent Special Districts
• At least one of the following applies
• The special districts governing board members
  are the same as those of a city or county
• A city or county appoints the special districts
  governing board members
• A city or county may remove the special
  districts governing board members at will during
  un-expired terms
• A city or county approves the special districts
  budget
• A city or county may veto the special districts
  budget
• CRAs are classified as dependent because at least
  one of the above applies.

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Special Districts - Definitions

• Independent Special Districts
• Do not have any dependent characteristics

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Special District Advantages

• Create a governing board of appointed or elected
  members who have the expertise to focus on the
  specific community needs and issues the special
  district is addressing
• Allows municipal and county governing boards to
  focus more on general-purpose government issues
• Generate money to pay for projected growth
  without putting an excessive burden on other
  taxpayers and governments, since only those who
  benefit from the special districts services are
  required to pay

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Special District Advantages

• Ensure accountability of public resources, since
  special districts are held to the same high
  standards as cities and counties (e.g., ethics,
  Government-in-the-Sunshine, reporting, financial
  disclosure laws)
• Protect property values by assuring property
  owners that their roads, water and sewer lines,
  and other essential facilities and services will
  continue to be maintained

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Special District Advantages

• Save money for affected citizens by selling
  tax-exempt bonds, purchasing essential goods and
  services tax-free, and participating in state
  programs and initiatives, such as state-term
  contracting
• Maintain the financial integrity of the special
  district by limiting its liability to civil
  lawsuits and providing state assistance in the
  event of a financial emergency

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Special District Advantages

• Recruit qualified employees by offering
  governmental employment benefits and incentives,
  such as possible participation in the Florida
  Retirement System

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Special Districts Totals

• Oct. 2007 Oct. 2008
• Dependent 605 610
• Independent 968 1,011
• Total 1,573 1,621
• Seven special districts dissolved

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Special Districts Most Popular
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Special Districts Counties with the Most
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State Policies Special Districts

• Special Districts . . .
• are just like municipalities and counties, except
  that special districts are units of local
  special-purpose government, as opposed to units
  of local general-purpose government
• serve a public purpose and must be held
  accountable to the public, local general-purpose
  governments, and state agencies

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State Policies Special Districts

• Special Districts . . .
• Must cooperate and coordinate activities with
  local general-purpose governments and state
  agencies
• Must comply with Chapter 189, Florida Statutes
  (Uniform Special District Accountability Act of
  1989)

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State Policies Special Districts

• Special Districts . . .
• like municipalities and counties, must comply
  with the following
• Ethics
• Government-in-the-Sunshine
• Financial Reporting (bonds, audits, revenues
  expenditures, etc.)
• Board Member Disclosures

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Basic Reporting Requirements

• Creation Document Boundary Map (as amended)
• Registered Agent Office
• Annual Fee (175) and Update
• Regular Public Meeting Schedule
• Annual Budget
• Annual Financial Audit Report
• Annual Financial Report
• Two Bond Reports
• Three Retirement System Reports

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Basic Reporting Requirements

• Creation Document Boundary Map (as amended)
• File with the Department of Community Affairs,
  Special District Information Program

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Basic Reporting Requirements

• Registered Agent Office (name, address, e-mail,
  telephone, fax)
• File and keep updated with
• Department of Community Affairs, Special District
  Information Program
• Local Governing Authority

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Basic Reporting Requirements

• Annual Fee (175) and Update
• 175 due to the Department of Community Affairs
  by the deadline to avoid up to 50 in penalties
• Update (form is part of the 175 invoice). The
  Registered Agent must review the information on
  file, update as necessary, sign and date it, and
  return it with the 175 fee. This information
  must be up-to-date for use by state and local
  agencies.

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Basic Reporting Requirements

• Regular Public Meeting Schedule
• Must Include
• the date, time and location of each scheduled
  meeting
• a statement that anyone wanting to appeal an
  official decision made on any subject at the
  meeting must have a verbatim record of the
  meeting that includes the testimony and evidence
  on which the appeal is based
• File with the local governing authority
  quarterly, semiannually, or annually
• Publish in a newspaper of general paid
  circulation (legal notices and classified
  advertisement section) in the county in which the
  CRA is located

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Basic Reporting Requirements

• Annual Budget
• Must be presented in accordance with generally
  accepted accounting principles
• The amount available from taxation and other
  sources, including amounts carried over from
  prior fiscal years, must equal the appropriations
  for expenditures and reserves
• Must regulate expenditures
• Must be contained within the general budget of
  the local governing authority, unless they agree
  to a separate budget

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Basic Reporting Requirements

• Annual Budget
• Must be clearly stated as the budget of the CRA
• Adopt by resolution
• Do not expend or contract for expenditures in
  any fiscal year except in pursuance of budgeted
  appropriations

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Basic Reporting Requirements

• Annual Financial Audit Report
• Section 163.387(8), Florida Statutes requires
  CRAs to have an audit of the redevelopment trust
  fund

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Basic Reporting Requirements

• Annual Financial Audit Report
• Filing Requirement
• Two copies with the Auditor General within 45
  days after delivery of the audit, but no later
  than 12 months after the fiscal year end
  (September 30)

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Basic Reporting Requirements

• Annual Financial Report (reflects revenues,
  expenditures, and long-term liability)
• File if not a component unit of local
  general-purpose government

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Basic Reporting Requirements

• Annual Financial Report
• If the CRA is a component unit
• provide CRA financial data to your local
  governing authority in time to be included in
  their report.
• make sure they properly include the CRA in their
  report
• make sure they complete the two required
  component unit forms reflecting the CRAs
  financial standing
• Otherwise, the Department of Financial Services
  must assume that the CRA will file separately

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Basic Reporting Requirements

• Annual Financial Report
• Filing Requirement
• Audit Required
• file online with the Department of Financial
  Services within 45 days after delivery of the
  audit, but no later than 12 months after the
  fiscal year end (September 30). Include one copy
  of the audit
• Audit Not Required
• file online by April 30

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Basic Reporting Requirements

• Annual Financial Report
• 13 CRAs currently appear on the DFS website as
  noncompliant for FY 2007/2008 See
  https//apps.fldfs.com/LocalGov/Reports/

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Basic Reporting Requirements

• Two Bond Reports
• File online with the State Board of
  Administration, Division of Bond Finance
• Advanced Notice of Bond Sale the day before or
  sooner when selling certain general obligation or
  revenue bonds, or closing on any similar
  long-term debt instrument.
• Bond Information/Disclosure Form within 120
  days after the delivery of new general obligation
  bonds, revenue bonds, or any long-term debt that
  is outstanding for more than 12 months.

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Basic Reporting Requirements

• Three Retirement System Reports
• File with the Department of Financial Services,
  Division of Retirement
• Actuarial Impact Statement for Proposed Plan
  Amendments
• Actuarial Valuation Report
• Defined Contribution Report

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Failure to Comply

• If any of these are not filed with the local
  governing authority . . .
• Registered Agent Office
• Regular Public Meeting Schedule
• Or any of these with the appropriate state agency
  . . .
• Annual Financial Audit Report
• Annual Financial Report
• Bond Reports
• Retirement System Reports

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Failure to Comply

• State Agency or local general-purpose government
  notifies the Special District Information Program
• Program mails a certified technical assistance
  letter to the CRA and copies the city or county,
  and coordinates a time extension to comply
• If directed by the Joint Legislative Auditing
  Committee, Program initiates legal proceedings
  through the Circuit Court

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Failure to Comply

• Avoid Failure to Comply in the first place!
• Make sure you understand reporting requirements
• Maintain a technical assistance contact list and
  use it when in doubt
• Note deadlines on a calendar
• If problems arise, inform the appropriate
  agencies and copy the Special District
  Information Program

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Questions?

• Jack Gaskins Jr.
• Direct [phone]
• Fax [phone]
• Jack.gaskins_at_dca.state.fl.us
• www.FloridaSpecialDistricts.org
• Department of Community Affairs
• Special District Information Program
• 2555 Shumard Oak Boulevard
• Tallahassee, Florida 32399-2100