HB 191

1
A bill to be entitled
2An act relating to neighborhood improvement districts;
3amending ss. 163.2511, 163.2517, 163.2520, 163.3182,
4163.3246, and 163.387, F.S.; conforming provisions to
5changes made by the act; amending s. 163.501, F.S.;
6renaming the "Safe Neighborhoods Act" as the
7"Neighborhoods Improvement Act"; amending s. 163.502,
8F.S.; revising legislative findings and purpose;
9amending s. 163.503, F.S.; revising and deleting
10definitions; amending s. 163.5035, F.S.; conforming
11provisions to changes made by the act; amending s.
12163.504, F.S.; authorizing the governing body of any
13municipality or county to form a neighborhood
14improvement district through the adoption of an
15ordinance rather than by a planning ordinance;
16removing provisions pertaining to the creation and
17funding of safe neighborhood improvement districts;
18amending s. 163.5055, F.S.; requiring each
19neighborhood improvement district authorized under law
20to notify the Department of Community Affairs and the
21Department of Legal Affairs of its existence rather
22than to register with such departments; amending s.
23163.506, F.S.; revising provisions authorizing a local
24governing body to create a local government
25neighborhood improvement district; specifying that the
26ordinance may authorize the improvement district to
27borrow money, contract loans, and issue bonds;
28authorizing the governing body of the improvement
29district to levy ad valorem taxes upon real and
30tangible personal property within the district;
31authorizing the district to make and collect special
32assessments; conditioning the exercise of power by the
33local government neighborhood improvement district to
34borrow money, contract loans, issue bonds, charge,
35collect, and enforce fees, make and collect special
36assessments, and levy ad valorem taxes upon real and
37tangible personal property within the district upon
38the approval of a referendum by the freeholders of the
39district; providing ballot requirements; removing
40provisions allowing an alternative organization for
41the board of directors; amending s. 163.508, F.S.,
42relating to property owners' association neighborhood
43improvement districts; revising the requirements for
44creating a property owners' association neighborhood
45improvement district by the enactment of a separate
46ordinance for each district; authorizing the governing
47body to request grants from the state; amending s.
48163.511, F.S., relating to special neighborhood
49improvement districts; revising provisions to conform
50to changes made by the act; revising the method of
51appointing and removing directors of the district;
52amending s. 163.512, F.S.; revising provisions
53authorizing a municipality or county to create a
54community redevelopment neighborhood improvement
55district; authorizing the district to receive grants
56and other funding; providing that the local governing
57body may dissolve the district under certain
58circumstances; repealing s. 163.513, F.S., relating to
59crime prevention through community policing
60innovations; amending s. 163.514, F.S.; revising the
61powers of neighborhood improvement districts; allowing
62the district to contract with legal counsel and other
63needed professionals; authorizing the district to
64collect special assessments under certain
65circumstances and following designated procedures;
66amending s. 163.5151, F.S.; requiring a local
67government and a special neighborhood improvement
68district to prepare its budget in a specified manner
69if levying an ad valorem tax on real or personal
70property; amending s. 163.516, F.S.; requiring
71neighborhood improvement plans to be created for each
72improvement district; revising the contents of the
73neighborhood improvement district's plan; repealing s.
74163.517, F.S., relating to the Safe Neighborhoods
75Program; repealing s. 163.519, F.S., relating to the
76duties of the Department of Legal Affairs relating to
77neighborhood improvement districts; repealing s.
78163.521, F.S., relating to funding for a neighborhood
79improvement district inside an enterprise zone;
80repealing s. 163.5215, F.S., relating to the effect
81and construction of existing laws relating to
82neighborhood improvement districts; repealing s.
83163.522, F.S., relating to state redevelopment
84programs; repealing s. 163.523, F.S., relating to
85cooperation and involvement of community organizations
86in the creation of safe neighborhood improvement
87districts; repealing s. 163.524, F.S., relating to
88participation in the Neighborhood Preservation and
89Enhancement Program; repealing s. 163.526, F.S.,
90relating to powers and duties of the Neighborhood
91Councils and the designated agency of the local
92government; amending ss. 376.84, 775.083, and
93932.7055, F.S.; conforming provisions to changes made
94by the act; providing an effective date.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  Paragraph (d) of subsection (2) of section
99163.2511, Florida Statutes, is amended to read:
100     163.2511  Urban infill and redevelopment.-
101     (2)  It is declared that:
102     (d)  State urban policies should guide the state, regional
103agencies, local governments, and the private sector in
104preserving and redeveloping existing urban cores and promoting
105the adequate provision of infrastructure, human services,
106neighborhood improvement safe neighborhoods, educational
107facilities, and economic development to sustain these cores into
108the future.
109     Section 2.  Paragraph (c) of subsection (3) of section
110163.2517, Florida Statutes, is amended to read:
111     163.2517  Designation of urban infill and redevelopment
112area.-
113     (3)  A local government seeking to designate a geographic
114area within its jurisdiction as an urban infill and
115redevelopment area shall prepare a plan that describes the
116infill and redevelopment objectives of the local government
117within the proposed area. In lieu of preparing a new plan, the
118local government may demonstrate that an existing plan or
119combination of plans associated with a community redevelopment
120area, Florida Main Street program, Front Porch Florida
121Community, sustainable community, enterprise zone, or
122neighborhood improvement district includes the factors listed in
123paragraphs (a)-(n), including a collaborative and holistic
124community participation process, or amend such existing plans to
125include these factors. The plan shall demonstrate the local
126government and community's commitment to comprehensively address
127the urban problems within the urban infill and redevelopment
128area and identify activities and programs to accomplish locally
129identified goals such as code enforcement; improved educational
130opportunities; reduction in crime; neighborhood revitalization
131and preservation; provision of infrastructure needs, including
132mass transit and multimodal linkages; and mixed-use planning to
133promote multifunctional redevelopment to improve both the
134residential and commercial quality of life in the area. The plan
135shall also:
136     (c)  Identify and map existing enterprise zones, community
137redevelopment areas, community development corporations,
138brownfield areas, downtown redevelopment districts, safe
139neighborhood improvement districts, historic preservation
140districts, and empowerment zones or enterprise communities
141located within the area proposed for designation as an urban
142infill and redevelopment area and provide a framework for
143coordinating infill and redevelopment programs within the urban
144core.
145     Section 3.  Subsection (2) of section 163.2520, Florida
146Statutes, is amended to read:
147     163.2520  Economic incentives.-
148     (2)  A local government with an adopted urban infill and
149redevelopment plan or plan employed in lieu thereof may exercise
150the powers granted under s. 163.514 for community redevelopment
151neighborhood improvement districts, including the authority to
152levy special assessments.
153     Section 4.  Paragraph (a) of subsection (6) of section
154163.3182, Florida Statutes, is amended to read:
155     163.3182  Transportation deficiencies.-
156     (6)  EXEMPTIONS.-
157     (a)  The following public bodies or taxing authorities are
158exempt from this section:
159     1.  A special district that levies ad valorem taxes on
160taxable real property in more than one county.
161     2.  A special district for which the sole available source
162of revenue is the authority to levy ad valorem taxes at the time
163an ordinance is adopted under this section. However, revenues or
164aid that may be dispensed or appropriated to a district as
165defined in s. 388.011 at the discretion of an entity other than
166such district are not deemed available.
167     3.  A library district.
168     4.  A neighborhood improvement district created under the
169Safe Neighborhoods Improvement Act.
170     5.  A metropolitan transportation authority.
171     6.  A water management district created under s. 373.069.
172     7.  A community redevelopment agency.
173     Section 5.  Paragraph (e) of subsection (2) of section
174163.3246, Florida Statutes, is amended to read:
175     163.3246  Local government comprehensive planning
176certification program.-
177     (2)  In order to be eligible for certification under the
178program, the local government must:
179     (e)  Demonstrate that it has adopted programs in its local
180comprehensive plan and land development regulations which:
181     1.  Promote infill development and redevelopment, including
182prioritized and timely permitting processes in which
183applications for local development permits within the
184certification area are acted upon expeditiously for proposed
185development that is consistent with the local comprehensive
186plan.
187     2.  Promote the development of housing for low-income and
188very-low-income households or specialized housing to assist
189elderly and disabled persons to remain at home or in independent
190living arrangements.
191     3.  Achieve effective intergovernmental coordination and
192address the extrajurisdictional effects of development within
193the certified area.
194     4.  Promote economic diversity and growth while encouraging
195the retention of rural character, where rural areas exist, and
196the protection and restoration of the environment.
197     5.  Provide and maintain public urban and rural open space
198and recreational opportunities.
199     6.  Manage transportation and land uses to support public
200transit and promote opportunities for pedestrian and
201nonmotorized transportation.
202     7.  Use design principles to foster individual community
203identity, create a sense of place, and promote pedestrian-
204oriented safe neighborhoods and town centers.
205     8.  Redevelop blighted areas.
206     9.  Adopt a local mitigation strategy and have programs to
207improve disaster preparedness and the ability to protect lives
208and property, especially in coastal high-hazard areas.
209     10.  Encourage clustered, mixed-use development that
210incorporates greenspace and residential development within
211walking distance of commercial development.
212     11.  Encourage urban infill at appropriate densities and
213intensities and separate urban and rural uses and discourage
214urban sprawl while preserving public open space and planning for
215buffer-type land uses and rural development consistent with
216their respective character along and outside the certification
217area.
218     12.  Assure protection of key natural areas and
219agricultural lands that are identified using state and local
220inventories of natural areas. Key natural areas include, but are
221not limited to:
222     a.  Wildlife corridors.
223     b.  Lands with high native biological diversity, important
224areas for threatened and endangered species, species of special
225concern, migratory bird habitat, and intact natural communities.
226     c.  Significant surface waters and springs, aquatic
227preserves, wetlands, and outstanding Florida waters.
228     d.  Water resources suitable for preservation of natural
229systems and for water resource development.
230     e.  Representative and rare native Florida natural systems.
231     13.  Ensure the cost-efficient provision of public
232infrastructure and services.
233     Section 6.  Paragraph (c) of subsection (2) of section
234163.387, Florida Statutes, is amended to read:
235     163.387  Redevelopment trust fund.-
236     (2)
237     (c)  The following public bodies or taxing authorities are
238exempt from paragraph (a):
239     1.  A special district that levies ad valorem taxes on
240taxable real property in more than one county.
241     2.  A special district for which the sole available source
242of revenue the district has the authority to levy is ad valorem
243taxes at the time an ordinance is adopted under this section.
244However, revenues or aid that may be dispensed or appropriated
245to a district as defined in s. 388.011 at the discretion of an
246entity other than such district shall not be deemed available.
247     3.  A library district, except a library district in a
248jurisdiction where the community redevelopment agency had
249validated bonds as of April 30, 1984.
250     4.  A neighborhood improvement district created under the
251Safe Neighborhoods Improvement Act.
252     5.  A metropolitan transportation authority.
253     6.  A water management district created under s. 373.069.
254     Section 7.  Section 163.501, Florida Statutes, is amended
255to read:
256     163.501  Short title.-This part may be cited as the "Safe
257Neighborhoods Improvement Act."
258     Section 8.  Section 163.502, Florida Statutes, is amended
259to read:
260     163.502  Safe Neighborhoods improvement; legislative
261findings and purpose.-
262     (1)  The Legislature hereby finds and declares that among
263the many causes of deterioration in the business and residential
264neighborhoods of the state are the following: proliferation of
265crime, automobile traffic flow strangled by outmoded street
266patterns, unsuitable topography, faulty lot layouts,
267fragmentation of land uses and parking areas necessitating
268frequent automobile movement, lack of separation of pedestrian
269areas from automobile traffic, lack of separation of vehicle
270traffic lanes and railroad traffic, and excessive noise levels
271from automobile traffic, and lack of adequate public
272improvements such as streets, street lights, street furniture,
273street landscaping, sidewalks, traffic signals, way-finding
274signs, mass transit, stormwater systems, and other public
275utilities and improvements.
276     (2)  The Legislature further finds and declares that
277healthy and vibrant safe neighborhoods are the product of
278planning and implementation of appropriate environmental design
279concepts, comprehensive planning crime prevention programs, land
280use recommendations, and beautification techniques.
281     (3)  The Legislature further finds and declares that the
282provisions of this part and the powers granted to local
283governments, property owners' associations, special dependent
284districts, and community redevelopment neighborhood improvement
285districts are desirable to guide and accomplish the coordinated,
286balanced, and harmonious development of healthy and vibrant safe
287neighborhoods; to promote the health, safety, and general
288welfare of these areas and their inhabitants, visitors, property
289owners, and workers; to establish, maintain, and preserve
290property values and preserve and foster the development of
291attractive neighborhood and business environments; to prevent
292overcrowding and congestion; and to improve or redirect
293automobile traffic and provide pedestrian safety; to reduce
294crime rates and the opportunities for the commission of crime;
295and to provide improvements in neighborhoods so they are
296defensible against crime.
297     (4)  It is the intent of the Legislature to assist local
298governments in implementing plans that improve the employ crime
299prevention through community policing innovations, environmental
300design, environmental security, and defensible space techniques
301to establish safe neighborhoods of this state. The Legislature,
302therefore, declares that the development, redevelopment,
303preservation, and revitalization of neighborhoods in this state,
304and all the purposes of this part, are public purposes for which
305public money may be borrowed, expended, loaned, and granted.
306     Section 9.  Section 163.503, Florida Statutes, is amended
307to read:
308     163.503  Safe neighborhoods; Definitions.-
309     (1)  "Safe Neighborhood improvement district," "district,"
310or "neighborhood improvement district" means a district located
311in an area in which more than 75 percent of the land is used for
312residential purposes, or in an area in which more than 75
313percent of the land is used for commercial, office, business, or
314industrial purposes, excluding the land area used for public
315facilities, and where there is a plan to reduce crime through
316the implementation of crime prevention through environmental
317design, environmental security, or defensible space techniques,
318or through community policing innovations. Nothing in This
319section does not shall preclude the inclusion of public land in
320a neighborhood improvement district although the amount of land
321used for public facilities is excluded from the land use acreage
322calculations.
323     (2)  "Association" means a property owners' association
324which is incorporated for the purpose of creating and operating
325a neighborhood improvement district.
326     (3)  "Department" means the Department of Legal Affairs.
327     (4)  "Board" means the board of directors of a neighborhood
328improvement district, which may be the governing body of a
329municipality or county or the officers of a property owners'
330association or the board of directors of a special neighborhood
331improvement district or community redevelopment neighborhood
332improvement district.
333     (5)  "Environmental security" means an urban planning and
334design process which integrates crime prevention with
335neighborhood design and community development.
336     (6)  "Crime prevention through environmental design" means
337the planned use of environmental design concepts such as natural
338access control, natural surveillance, and territorial
339reinforcement in a neighborhood or community setting which is
340designed to reduce criminal opportunity and foster positive
341social interaction among the legitimate users of that setting.
342     (7)  "Defensible space" means an architectural perspective
343on crime prevention through physical design of the environment
344to create the ability to monitor and control the environment
345along individual perceived zones of territorial influence that
346result in a proprietary interest and a felt responsibility.
347     (8)  "Enterprise zone" means an area designated pursuant to
348s. 290.0065.
349     (9)  "Community policing innovation" means techniques or
350strategies as defined by s. 163.340.
351     Section 10.  Section 163.5035, Florida Statutes, is amended
352to read:
353     163.5035  Safe Neighborhood improvement districts;
354compliance with special district provisions.-Any special
355district created pursuant to this part shall comply with all
356applicable provisions contained in chapter 189. In cases where a
357provision contained in this part conflicts with a provision in
358chapter 189, the provision in chapter 189 shall prevail.
359     Section 11.  Section 163.504, Florida Statutes, is amended
360to read:
361     163.504  Safe Neighborhood improvement districts; planning
362funds.-
363     (1)  The governing body of any municipality or county may
364authorize the formation of safe neighborhood improvement
365districts through the adoption of an a planning ordinance that
366which specifies that such districts may be created by one or
367more of the methods established in ss. 163.506, 163.508,
368163.511, and 163.512. A No district may not overlap the
369jurisdictional boundaries of a municipality and the
370unincorporated area of a county, unless approved except by
371interlocal agreement.
372     (2)  If the governing body of a municipality or county
373elects to create a safe neighborhood improvement district, it
374shall be eligible to request a grant from the Safe Neighborhoods
375Program, created pursuant to s. 163.517 and administered by the
376Department of Legal Affairs, to prepare a safe neighborhood
377improvement plan for the district.
378     (3)  Municipalities and counties may implement the
379provisions of this section without planning funds from the
380Department of Legal Affairs. However, nothing in this section
381shall be construed to exempt any district from the requirements
382of providing a safe neighborhood improvement plan pursuant to s.
383163.516.
384     Section 12.  Section 163.5055, Florida Statutes, is amended
385to read:
386     163.5055  Notice Registration of district establishment;
387notice of dissolution.-
388     (1)(a)  Each neighborhood improvement district authorized
389and established under this part shall within 30 days thereof
390notify register with both the Department of Community Affairs
391and the Department of Legal Affairs by providing these
392departments with the district's name, location, size, and type,
393and such other information as the departments may request
394require.
395     (2)(b)  Each local governing body that which authorizes the
396dissolution of a district shall notify both the Department of
397Community Affairs and the Department of Legal Affairs within 30
398days after the dissolution of the district.
399     (2)  This section shall apply to all neighborhood
400improvement districts established on or after July 1, 1987.
401     Section 13.  Section 163.506, Florida Statutes, is amended
402to read:
403     163.506  Local government neighborhood improvement
404districts; creation; advisory council; dissolution.-
405     (1)  After an a local planning ordinance has been adopted
406authorizing the creation of local government neighborhood
407improvement districts, the local governing body of a
408municipality or county may create local government neighborhood
409improvement districts by the enactment of a separate ordinance
410for each district, which ordinance:
411     (a)  Specifies the boundaries, size, and name of the
412district.
413     (b)  Authorizes the district to receive grants a planning
414grant from the department.
415     (c)  Authorizes the local government neighborhood
416improvement district to levy an ad valorem tax on real and
417personal property of up to 2 mills annually.
418     (d)  Authorizes the use of special assessments to support
419planning and implementation of district improvements pursuant to
420the provisions of s. 163.514(16), if the district is a
421residential local government neighborhood improvement district
422including community policing innovations.
423     (e)  Designates the local governing body as the board of
424directors of the district.
425     (f)  Establishes an advisory council to the board of
426directors comprised of property owners, representatives of
427property owners, business owners, or residents of the district.
428     (g)  May prohibit the use of any district power authorized
429by s. 163.514.
430     (h)  Requires the district to notify the Department of
431Legal Affairs and the Department of Community Affairs in writing
432of its establishment within 30 days thereof pursuant to s.
433163.5055.
434     (i)  Authorizes the district to borrow money, contract
435loans, and issue bonds, certificates, warrants, notes, or other
436evidence of indebtedness from time to time to finance the
437undertaking of any capital or other project for the purposes
438permitted by the State Constitution and this part and may pledge
439the funds, credit, property, and taxing power of the improvement
440district for the payment of such debts and bonds.
441     1.  Bonds issued under this part shall be authorized by
442resolution of the governing board of the district and, if
443required by the State Constitution, by affirmative vote of the
444electors of the district. Such bonds may be issued in one or
445more series and shall bear such date or dates, be payable upon
446demand or mature at such time or times, bear interest at such
447rate or rates, be in such denomination or denominations, be in
448such form, registered or not, with or without coupon, carry such
449conversion or registration privileges, have such rank or
450priority, be executed in such manner, be payable in such medium
451of payment, at such place or places, and subject to such terms
452of redemption, with or without premium, be secured in such
453manner, and have such other characteristics as may be provided
454by such resolution or trust indenture or mortgage issued
455pursuant thereto.
456     2.  The governing body of the district shall determine the
457terms and manner of sale and distribution or other disposition
458of any and all bonds it may issue, consistent with s. 218.385,
459and shall have any and all powers necessary and convenient to
460such disposition.
461     3.  The governing body of the district may establish and
462administer such sinking funds as it deems necessary or
463convenient for the payment, purchase, or redemption of any
464outstanding bonded indebtedness of the district.
465     4.  The governing body of the improvement district may levy
466ad valorem taxes upon real and tangible personal property within
467the district as it deems necessary to make payment, including
468principal and interest, upon the general obligation and ad
469valorem bonded indebtedness of the district or into any sinking
470fund created pursuant to this part.
471     5.  This part shall be full authority for the issuance of
472bonds authorized herein.
473     (j)  Authorizes the district to make and collect special
474assessments pursuant to ss. 197.3632 and 197.3635 to pay for
475capital improvements within the district and for reasonable
476expenses of operating the district, including the payment of
477expenses included in the district's budget, if the district is a
478commercial local government neighborhood improvement district.
479Such assessments may not exceed $1,500 for each individual
480parcel of land per year.
481     (k)  Authorizes the district to charge, collect, and
482enforce fees and other user charges.
483     (l)  Conditions the exercise of the powers provided in
484paragraphs (c), (i), and (j) on approval pursuant to a
485referendum as described in this paragraph:
486     1.  Within 45 days after the date the governing body of the
487municipality or county enacts an ordinance pursuant to this
488subsection defining the boundaries of the proposed improvement
489district, the city clerk or the supervisor of elections,
490whichever is appropriate, shall certify such ordinance or
491petition and compile a list of the names and last known
492addresses of the freeholders in the proposed local government
493neighborhood improvement district from the tax assessment roll
494of the county applicable as of December 31 in the year preceding
495the year in which the ordinance was enacted. Except as otherwise
496provided in this paragraph, the list shall constitute the
497registration list for the purposes of the freeholders'
498referendum required under this paragraph.
499     2.  Within 45 days after compilation of the freeholders'
500registration list pursuant to subparagraph 1., the city clerk or
501the supervisor of elections shall notify each such freeholder of
502the general provisions of this paragraph, including the taxing
503authority and the date of the upcoming referendum, and the
504method provided for submitting corrections to the registration
505list if the status of the freeholder has changed since the
506compilation of the tax rolls. Notification shall be by first-
507class United States mail and, in addition thereto, by
508publication one time in a newspaper of general circulation in
509the county or municipality in which the district is located.
510     3.  Any freeholder whose name does not appear on the tax
511rolls compiled pursuant to subparagraph 1. may register to vote
512with the city clerk or the supervisor of elections. The
513registration list shall remain open for 75 days after enactment
514of the ordinance defining the local government neighborhood
515improvement district.
516     4.  Within 15 days after the closing of the registration
517list, the city clerk or the supervisor of elections shall send a
518ballot to each registered freeholder at his or her last known
519mailing address by first-class United States mail. The ballot
520shall include:
521     a.  A description of the general provisions of this
522paragraph applicable to local government neighborhood
523improvement districts;
524     b.  The assessed value of the freeholder's property;
525     c.  The percent of the freeholder's interest in such
526property; and
527     d.  Immediately following the information required in sub-
528subparagraphs a.-c., the following:
529
530"Do you favor authorizing the .... Local Government
531Neighborhood Improvement District to levy up to 2
532mills of ad valorem taxes by such proposed district?
533
534....Yes, for authorizing the levy of up to 2 mills of
535ad valorem taxes by such proposed district.
536
537....No, against authorizing the levy of up to 2 mills
538of ad valorem taxes by such proposed district."
539
540"Do you favor authorizing the .... Local Government
541Neighborhood Improvement District to borrow money,
542including the issuance of bonds, as provided by s.
543163.506(1)(i)?
544
545....Yes, for authorizing the borrowing of money for
546district purposes.
547
548....No, against authorizing the borrowing of money for
549district purposes."
550
551"Do you favor authorizing the .... Local Government
552Neighborhood Improvement District to impose a special
553assessment of not greater than $1,500 for each
554individual parcel of land per year to pay for the
555expenses of operating the neighborhood improvement
556district and for approved capital improvements?
557
558....Yes, for the special assessment.
559
560....No, against the special assessment."
561
562     5.  Ballots shall be returned by first-class United States
563mail or by personal delivery.
564     6.  All ballots received within 120 days after enactment of
565the ordinance shall be tabulated by the city clerk or the
566supervisor of elections, who shall certify the results thereof
567to the city council or county commission no later than 5 days
568after the 120-day period.
569     7.  The freeholders shall be deemed to have approved of the
570provisions of this paragraph at such time as the city clerk or
571the supervisor of elections certifies to the governing body of
572the municipality or county that approval has been given by
573freeholders representing in excess of 50 percent of the assessed
574value of the property within the local government neighborhood
575improvement district.
576     8.  The city clerk or the supervisor of elections,
577whichever is appropriate, shall enclose with each ballot sent
578pursuant to this paragraph two envelopes: a secrecy envelope,
579into which the freeholder shall enclose the marked ballot; and a
580mailing envelope, into which the freeholder shall then place the
581secrecy envelope, which shall be addressed to the city clerk or
582the supervisor of elections. The back side of the mailing
583envelope shall bear a certificate in substantially the following
584form:
585
586
NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT
587
AND COMPLETING VOTER'S CERTIFICATE.
588
589
VOTER'S CERTIFICATE
590
591     I, ...., am a duly qualified and registered freeholder of
592the proposed...(name)... local government neighborhood
593improvement district; and I am entitled to vote this ballot. I
594do solemnly swear or affirm that I have not and will not vote
595more than one ballot in this election. I understand that failure
596to sign this certificate and have my signature witnessed will
597invalidate my ballot.
598
599...(Voter's Signature)
600
601NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18 YEARS
602OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
603     I swear or affirm that the elector signed this voter's
604certificate in my presence.
605
606
...(Signature of Witness)...
607     ...(Address)......(City/State)
608
609     9.  The certificate shall be arranged on the back of the
610mailing envelope so that the lines for the signatures of the
611freeholder and the attesting witness are across the seal of the
612envelope; however, no statement shall appear on the envelope
613which indicates that a signature of the freeholder or witness
614must cross the seal of the envelope. The freeholder and the
615attesting witness shall execute the certificate on the envelope.
616     10.  The city clerk or the supervisor of elections shall
617enclose with each ballot sent to a freeholder pursuant to this
618paragraph separate printed instructions in substantially the
619following form:
620
621
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
622
623     a.  VERY IMPORTANT. In order to ensure that your ballot
624will be counted, it should be completed and returned as soon as
625possible so that it can reach the city clerk or the supervisor
626of elections no later than 7 p.m. on the (final day of the 120-
627day period given here).
628     b.  Mark your ballot in secret as instructed on the ballot.
629     c.  Place your marked ballot in the enclosed secrecy
630envelope.
631     d.  Insert the secrecy envelope into the enclosed mailing
632envelope, which is addressed to the city clerk or the supervisor
633of elections.
634     e.  Seal the mailing envelope and completely fill out the
635Voter's Certificate on the back of the mailing envelope.
636     f.  VERY IMPORTANT. Sign your name on the line provided for
637"(Voter's Signature)."
638     g.  VERY IMPORTANT. In order for your ballot to be counted,
639it must include the signature and address of a witness 18 years
640of age or older affixed to the Voter's Certificate.
641     h.  Mail, deliver, or have delivered the completed mailing
642envelope. Be sure there is sufficient postage if mailed.
643     (2)  The advisory council shall perform such duties as may
644be prescribed by the governing body and shall submit within the
645time period specified by the governing body, acting as the board
646of directors, a report on the district's activities and a
647proposed budget to accomplish its objectives. In formulating a
648plan for services or improvements the advisory board shall
649consult in public session with the appropriate staff or
650consultants of the local governing body responsible for the
651district's plan.
652     (3)  As an alternative to designating the local governing
653body as the board of directors, a majority of the local
654governing body of a city or county may appoint a board of three
655to seven directors for the district who shall be residents of
656the proposed area and who are subject to ad valorem taxation in
657the residential neighborhood improvement district or who are
658property owners in a commercial neighborhood improvement
659district. The directors shall be appointed for staggered terms
660of 3 years. The initial appointments shall be as follows: one
661director for a 1-year term; one director for a 2-year term; and
662one director for a 3-year term. If more than three directors are
663to be appointed, the additional members shall initially be
664appointed for 3-year terms. Vacancies shall be filled for the
665unexpired portion of a term in the same manner as the initial
666appointments were made. Each director shall hold office until
667his or her successor is appointed and qualified unless the
668director ceases to be qualified or is removed from office. Upon
669appointment and qualification and in January of each year, the
670directors shall organize by electing from their number a chair
671and a secretary.
672     (3)(4)  A district may be dissolved by the governing body
673by rescinding the ordinance creating the district. The governing
674body may rescind shall consider rescinding the ordinance if
675presented with a petition requesting that it be rescinded.
676Petitions related to a residential neighborhood improvement
677district must contain containing the signatures of 60 percent of
678the residents. Petitions related to a commercial neighborhood
679improvement district must contain signatures representing owners
680of 60 percent of the land area of the of a district.
681     Section 14.  Section 163.508, Florida Statutes, is amended
682to read:
683     163.508  Property owners' association neighborhood
684improvement districts; creation; powers and duties; duration.-
685     (1)  After an a local planning ordinance has been adopted
686authorizing the creation of property owners' association
687neighborhood improvement districts, the local governing body of
688a municipality or county may create property owners' association
689neighborhood improvement districts by the enactment of a
690separate ordinance for each district, which ordinance:
691     (a)  Establishes that an incorporated property owners'
692association representing 75 percent of all owners of property
693within a proposed district meeting the requirements of this
694section has petitioned the governing body of the municipality or
695county for creation of a district for the area encompassed by
696the property owned by members of the association.
697     (b)  Specifies the boundaries, size, and name of the
698district.
699     (c)  Authorizes the governing body through mutual agreement
700with the property owners' association to:
701     1.  Request grants a matching grant from the state's Safe
702Neighborhoods Program to prepare the first year's safe
703neighborhood improvement plan. The provider of the local match
704for the state grant shall be mutually agreed upon between the
705governing body and the property owners' association. The
706governing body may agree to provide the match as a no-interest-
707bearing loan to be paid back from assessments imposed by the
708association on its members or shareholders.
709     2.  Provide staff and other technical assistance to the
710property owners' association on a mutually agreed-upon basis,
711contractual or otherwise.
712     3.  Prepare the first year's safe neighborhood improvement
713plan, which shall comply with and be consistent with the
714governing body's adopted comprehensive plan.
715     (d)  Provides for an audit of the property owners'
716association.
717     (e)  Designates the officers of the incorporated property
718owners' association as the board of directors of the district.
719     (f)  May prohibit the use of any district power authorized
720by s. 163.514.
721     (g)  Requires the district to notify the Department of
722Legal Affairs and the Department of Community Affairs in writing
723of its establishment within 30 days thereof pursuant to s.
724163.5055.
725     (2)  In order to qualify for the creation of a neighborhood
726improvement district, the property owners shall form an
727association in compliance with this section, or use an existing
728property owners' association in compliance with this section,
729which shall be a corporation, for profit or not for profit. At
730least, and of which not less than 75 percent of all property
731owners within the proposed area must consent have consented in
732writing to become members or shareholders. Upon such consent by
73375 percent of the property owners in the proposed district, all
734consenting property owners and their successors shall become
735members of the association and shall be bound by the provisions
736of the articles of incorporation, the bylaws of the association,
737the covenants, the deed restrictions, the indentures, and any
738other properly promulgated restrictions. The association shall
739have no member or shareholder who is not a bona fide owner of
740property within the proposed district. Upon receipt of its
741certificate of incorporation, the property owners' association
742shall notify the clerk of the city or county court, whichever is
743appropriate, in writing, of such incorporation and shall list
744the names and addresses of the officers of the association.
745     (3)  Any incorporated property owners' association
746operating pursuant to this part has shall have the power:
747     (a)  To negotiate with the governing body of a municipality
748or county for closing, privatizing, or modifying the rights-of-
749way, and appurtenances thereto, within the district.
750     (b)  To use utilize various legal instruments such as
751covenants, deed restrictions, and indentures to preserve and
752maintain the integrity of property, land, and rights-of-way
753owned and conveyed to it within the district.
754     (c)  To make and collect assessments against all property
755within the boundaries of the district pursuant to the provisions
756of s. 163.514(16) and to lease, maintain, repair, and
757reconstruct any privatized street, land, or common area within
758the district upon dedication thereof to the association.
759     (d)  Without the joinder of any property owner, to modify,
760move, or create any easement for ingress and egress or for the
761purpose of utilities, if such easement constitutes part of or
762crosses district property. However, this does shall not
763authorize the association to modify or move any easement that
764which is created in whole or in part for the use or benefit of
765anyone other than association members, or which crosses the
766property of anyone other than association members, without the
767consent or approval of such person as required by law or by the
768instrument creating the easement. Nothing in this paragraph
769shall affect the rights of ingress or egress of any member of
770the association.
771     (4)  A property owners' association neighborhood
772improvement district shall continue in perpetuity as long as the
773property owners' association created pursuant to this section
774exists under the applicable laws of the state.
775     Section 15.  Subsections (1), (7), (8), and (10) of section
776163.511, Florida Statutes, are amended to read:
777     163.511  Special neighborhood improvement districts;
778creation; referendum; board of directors; duration; extension.-
779     (1)  After an a local planning ordinance has been adopted
780authorizing the creation of special neighborhood improvement
781districts, the governing body of a municipality or county may
782declare the need for and create special residential or business
783neighborhood improvement districts by the enactment of a
784separate ordinance for each district, which ordinance:
785     (a)  Conditions the implementation of the ordinance on the
786approval of a referendum as provided in subsection (2).
787     (b)  Authorizes the special neighborhood improvement
788district to levy an ad valorem tax on real and personal property
789of up to 2 mills annually.
790     (c)  Authorizes the use of special assessments to support
791planning and implementation of district improvements pursuant to
792the provisions of s. 163.514(16), including community policing
793innovations.
794     (d)  Specifies the boundaries, size, and name of the
795district.
796     (e)  Authorizes the district to receive a planning grant
797from the department.
798     (f)  Provides for the appointment of a 3-member board of
799directors for the district.
800     (g)  May authorize a special neighborhood improvement
801district to exercise the power of eminent domain pursuant to
802chapters 73 and 74. Any property identified for eminent domain
803by the district shall be subject to the approval of the local
804governing body before eminent domain procedures are exercised.
805     (h)  May prohibit the use of any district power authorized
806by s. 163.514.
807     (i)  Requires the district to notify the Department of
808Legal Affairs and the Department of Community Affairs in writing
809of its establishment within 30 days thereof pursuant to s.
810163.5055.
811     (j)  May authorize a special neighborhood improvement
812district to develop and implement community policing innovations
813in consultation with the local law enforcement agency having
814jurisdiction within the district boundaries.
815     (7)  The business and affairs of a special neighborhood
816improvement district shall be conducted and administered by a
817board of three directors who shall be residents of or property
818owners within the proposed area and who are subject to ad
819valorem taxation in the district. Upon their initial appointment
820and qualification and in January of each year thereafter, the
821directors shall organize by electing from their number a chair
822and a secretary, and may also employ staff and legal
823representatives as deemed appropriate, who shall serve at the
824pleasure of the board and may receive such compensation as shall
825be fixed by the board. The secretary shall keep a record of the
826proceedings of the district and shall be custodian of all books
827and records of the district. The directors may shall not receive
828any compensation for their services, nor may they be employed by
829the district.
830     (8)  Within 30 days of the approval of the creation of a
831special neighborhood improvement district, if the district is in
832a municipality, a majority of the governing body of the
833municipality, or if the district is in the unincorporated area
834of the county, a majority of the county commission, shall
835appoint the three directors provided for herein for staggered
836terms of 3 years. The initial appointments shall be as follows:
837one for a 1-year term, one for a 2-year term, and one for a 3-
838year term. Each director shall hold office until his or her
839successor is appointed and qualified unless the director ceases
840to be qualified to act as a director or is removed from office.
841Vacancies on the board shall be filled for the unexpired portion
842of a term in the same manner as the initial appointments were
843made.
844     (10)  The governing body of a municipality or county may
845remove a director for inefficiency, neglect of duty, or
846misconduct in office only after a hearing and only if he or she
847has been given a copy of the charges at least 10 days prior to
848such hearing and has had an opportunity to be heard in person or
849by counsel. A vacancy so created shall be filled as provided
850herein.
851     Section 16.  Section 163.512, Florida Statutes, is amended
852to read:
853     163.512  Community redevelopment neighborhood improvement
854districts; creation; advisory council; dissolution.-
855     (1)  Upon the recommendation of the community redevelopment
856agency and after an a local planning ordinance has been adopted
857authorizing the creation of community redevelopment neighborhood
858improvement districts, the local governing body of a
859municipality or county may create community redevelopment
860neighborhood improvement districts by the enactment of a
861separate ordinance for each district, which ordinance:
862     (a)  Specifies the boundaries, size, and name of the
863district.
864     (b)  Authorizes the district to receive grants a planning
865grant from the department.
866     (c)  Authorizes the use of the community redevelopment
867trust fund created pursuant to s. 163.387 for the purposes of
868implementing the district's safe neighborhood improvement plan
869and furthering crime prevention through community policing
870innovations, environmental design, environmental security, and
871defensible space techniques, if the expenditures from the
872community redevelopment trust fund are consistent with the
873community redevelopment plan created pursuant to s. 163.360.
874     (d)  Designates the community redevelopment board of
875commissioners established pursuant to s. 163.356 or s. 163.357
876as the board of directors for the district.
877     (e)  Establishes an advisory council to the board of
878directors comprised of property owners or residents of the
879district.
880     (f)  May prohibit the use of any district power authorized
881by s. 163.514.
882     (g)  Requires that the district's safe neighborhood
883improvement plan be consistent with the community redevelopment
884plan created pursuant to s. 163.360, and permits the safe
885neighborhood improvement plan to be included in the community
886redevelopment plan as an optional element.
887     (h)  Requires that the boundaries of the community
888redevelopment district be contained in whole within the
889community redevelopment area established pursuant to ss. 163.355
890and 163.356.
891     (i)  Requires the district to notify the Department of
892Legal Affairs and the Department of Community Affairs in writing
893of its establishment within 30 days thereof pursuant to s.
894163.5055.
895     (2)  The advisory council shall perform such duties as may
896be prescribed by the community redevelopment board established
897pursuant to s. 163.356 and shall submit within the time period
898specified by the board of directors a report on the district's
899activities and a proposed budget to accomplish its objectives.
900In formulating a plan for services or improvements, the advisory
901council shall consult in public session with the appropriate
902staff or consultants of the community redevelopment board
903responsible for the district's plan.
904     (3)  A district may be dissolved by the local governing
905body by rescinding the ordinance creating the district. The
906governing body may rescind shall consider rescinding the
907ordinance if presented with a petition containing the signatures
908of 60 percent of the residents of a district.
909     Section 17.  Section 163.513, Florida Statutes, is
910repealed.
911     Section 18.  Section 163.514, Florida Statutes, is amended
912to read:
913     163.514  Powers of neighborhood improvement districts.-
914Unless prohibited by ordinance, the board of any district is
915shall be empowered to:
916     (1)  Enter into contracts and agreements and sue and be
917sued as a body corporate.
918     (2)  Have and use a corporate seal.
919     (3)  Acquire, own, convey, or otherwise dispose of, lease
920as lessor or lessee, construct, maintain, improve, enlarge,
921raze, relocate, operate, and manage property and facilities of
922whatever type to which it holds title and grant and acquire
923licenses, easements, and options with respect thereto.
924     (4)  Accept grants and donations of any type of property,
925labor, or other thing of value from any public or private
926source.
927     (5)  Have exclusive control of funds legally available to
928it, subject to limitations imposed by law or by any agreement
929validly entered into by it.
930     (6)  Cooperate and contract with other governmental
931agencies or other public bodies.
932     (7)  Contract for services of planners, engineers,
933attorneys, and other planning consultants, experts on crime
934prevention through community policing innovations, environmental
935design, environmental security, or defensible space, or other
936experts in areas pertaining to the operations of the board of
937directors or the district.
938     (8)  Contract with the county or municipal government for
939planning assistance, legal advice, and for increased levels of
940law enforcement protection and security, including additional
941personnel.
942     (9)  Promote and advertise the commercial advantages of the
943district so as to attract new businesses and encourage the
944expansion of existing businesses.
945     (10)  Promote and advertise the district to the public and
946engage in cooperative advertising programs with businesses
947located in the district.
948     (11)  Improve, plan, design, construct, operate, provide,
949and maintain street lighting, parks, streets, drainage,
950utilities, swales, parking facilities, transit, landscaping, and
951open areas, and provide safe access to mass transportation
952facilities in the district.
953     (12)  Undertake innovative approaches to securing
954neighborhoods from crime, such as crime prevention through
955community policing innovations, environmental design,
956environmental security, and defensible space.
957     (13)  Privatize, close, vacate, plan, or replan streets,
958roads, sidewalks, and alleys, subject to the concurrence of the
959local governing body and, if required, the state Department of
960Transportation.
961     (14)  Prepare, adopt, implement, and modify a safe
962neighborhood improvement plan for the district.
963     (15)  Identify areas with blighted influences, including,
964but not limited to, areas where unlawful urban dumping or
965graffiti are prevalent, and develop programs for eradication
966thereof.
967     (16)(a)  Subject to referendum approval, and for special,
968community redevelopment, and property owners' association
969neighborhood improvement districts only, make and collect
970special assessments pursuant to ss. 197.3632 and 197.3635 to pay
971for improvements to the district and for reasonable expenses of
972operating the district, including the payment of expenses
973included in the district's budget, subject to an affirmative
974vote by a majority of the registered voters residing in the
975district. Such assessments shall not exceed $500 for each
976individual parcel of land per year. Notwithstanding the
977provisions of s. 101.6102, the referendum to approve the special
978assessment shall be by mail ballot.
979     (b)  In order to implement this subsection, the city clerk
980or the supervisor of elections, whichever is appropriate, shall
981compile a list of the names and last known addresses of the
982electors in the neighborhood improvement district from the list
983of registered voters of the county as of the last day of the
984preceding month. The same shall constitute the registration list
985for the purposes of a referendum. Within 45 days after
986compilation of the voter registration list, the city clerk or
987the supervisor of elections shall notify each elector of the
988general provisions of this section, including the taxing
989authority and the date of the upcoming referendum. Notification
990shall be by United States mail and, in addition thereto, by
991publication one time in a newspaper of general circulation in
992the county or municipality in which the district is located.
993     (c)  Any resident of the district whose name does not
994appear on the list compiled pursuant to paragraph (b) may
995register to vote as provided by law. The registration list shall
996remain open for 75 days after the notification required in
997paragraph (b).
998     (d)  Within 15 days after the closing of registration, the
999city clerk or the supervisor of elections shall send a ballot to
1000each elector at his or her last known mailing address by first-
1001class United States mail. The ballot shall include:
1002     1.  A description of the general provisions of this section
1003applicable to the neighborhood improvement district; and
1004     2.  Immediately following said information, the following:
1005
1006"Do you favor the imposition of a special assessment
1007of not greater than $500 for each individual parcel of
1008land per year to pay for the expenses of operating the
1009neighborhood improvement district?
1010
1011....Yes, for the special assessment.
1012
1013....No, against the special assessment."
1014
1015     (e)  Ballots shall be returned by United States mail or by
1016personal delivery.
1017     (f)  All ballots received within 60 days after the closing
1018of registration shall be tabulated by the city clerk or the
1019supervisor of elections, who shall certify the results thereof
1020to the city governing body or county commission no later than 5
1021days after said 60-day period.
1022     (17)  Exercise all lawful powers incidental to the
1023effective and expedient exercise of the foregoing powers.
1024     Section 19.  Subsections (3) and (4) of section 163.5151,
1025Florida Statutes, are amended to read:
1026     163.5151  Fiscal management; budget preparation.-
1027     (3)  Each local government and special neighborhood
1028improvement district levying an ad valorem tax on real or
1029personal property shall establish its budget pursuant to the
1030provisions of chapter 200. Before adopting Prior to adoption of
1031the final budget and setting of the millage rate to be levied by
1032the board, the board shall submit a tentative budget and
1033proposed millage rate of the district to the governing body of
1034the municipality in which the district is located, or to the
1035county if the district is located in the unincorporated portion
1036of the county, for approval or disapproval. Such governing body
1037shall have the power to modify the budget or millage submitted
1038by the board. Subsequent to approval, the board shall adopt its
1039final budget and millage rate in accordance with the
1040requirements of chapter 200.
1041     (4)  At the option of the county property appraiser for the
1042county within which the neighborhood improvement district is
1043located, the assessments levied by the district may shall be
1044collected in the same manner as all ad valorem taxes if so
1045requested by the local governing body pursuant to s. 197.363.
1046     Section 20.  Section 163.516, Florida Statutes, is amended
1047to read:
1048     163.516  Safe Neighborhood improvement plans.-
1049     (1)  A safe neighborhood improvement plan is mandated for
1050all neighborhood improvement districts. The plan must shall
1051contain at least the following elements:
1052     (a)  Demographics of the district.
1053     (b)  Crime activity data and analysis.
1054     (b)(c)  Land use, zoning, housing, and traffic analysis.
1055     (d)  Determination of the problems of the crime-to-
1056environment relationship and the stability of the neighborhood
1057improvement district.
1058     (c)(e)  Statement of the district's goal and objectives.
1059     (f)  Assessment of crime prevention through community
1060policing innovations, environmental design, environmental
1061security, and defensible space strategies and tactics that will
1062be applied to the crime-to-environment relationship problems.
1063     (g)  Cost estimates and the methods of financing.
1064     (h)  Outline of program participants and their functions
1065and responsibilities.
1066     (i)  Schedule for executing program activities.
1067     (j)  Evaluation guidelines.
1068     (2)  Every safe neighborhood improvement plan must shall
1069show, by diagram and by general explanation:
1070     (a)  Such property as is intended for use as public parks,
1071recreation areas, streets, public utilities, and public
1072improvements of any nature.
1073     (b)  Specific identification of any publicly funded capital
1074improvement projects to be undertaken within the district.
1075     (c)  Adequate assurances that the improvements will be
1076carried out pursuant to the plan.
1077     (d)  Provision for the retention of controls and the
1078establishment of any restrictions or covenants running with land
1079sold or leased for private use for such periods of time and
1080under such conditions as the governing body of the municipality
1081in which the district is located, or the county if the district
1082is located in the unincorporated portion of the county, deems
1083necessary to effectuate the purposes of this part.
1084     (c)(e)  Projected costs of improvements, including the
1085amount to be expended on publicly funded capital improvement
1086projects in the district and any indebtedness of the district,
1087the county, or the municipality proposed to be incurred if such
1088indebtedness is to be repaid with district revenues.
1089     (f)  Promotion of advertising programs to be undertaken by
1090the district or in conjunction with businesses in the district.
1091     (g)  Suggested physical improvements necessary for the
1092safety of residents in or visitors to the district.
1093     (h)  Law enforcement and security plans for the district.
1094     (3)  The safe neighborhood improvement plan must shall:
1095     (a)  Be consistent with the adopted comprehensive plan for
1096the county or municipality pursuant to the Community Planning
1097Act. No district plan shall be implemented unless the local
1098governing body has determined said plan is consistent.
1099     (b)  Be sufficiently complete to indicate such land
1100acquisition, demolition and removal of structures, street
1101modifications, redevelopment, and rehabilitation as may be
1102proposed to be carried out in the district.
1103     (c)  Provide some method for and measurement of the
1104reduction of crime within the district.
1105     (4)  The county, municipality, or district may prepare or
1106cause to be prepared a safe neighborhood improvement plan, or
1107any person or agency, public or private, may submit such a plan
1108to a district. Prior to its consideration of a safe neighborhood
1109improvement plan, the district shall submit such plan to the
1110local governing body for review and written approval as to its
1111consistency with the local government comprehensive plan. The
1112district must be notified of approval or disapproval within 60
1113days after receipt of the plan for review, and a revised version
1114of the plan may be submitted to satisfy any inconsistencies. The
1115district may not proceed with the safe neighborhood improvement
1116plan until final approval is given by the local governing body.
1117     (4)(5)  Prior to adoption of the safe neighborhood
1118improvement plan, the board shall hold a public hearing on the
1119plan after public notice thereof by publication in a newspaper
1120of general circulation in the county or municipality in which
1121the district is located. The notice shall describe the time,
1122date, place, and purpose of the hearing; identify the boundaries
1123of the district; and outline the general scope of the plan.
1124     (5)(6)  The board, after the public hearing, may approve
1125the safe neighborhood improvement plan if it finds:
1126     (a)  The plan has been approved as consistent with the
1127local comprehensive plan by the local governing body; and
1128     (b)  The plan will improve the promotion, appearance,
1129safety, security, and public amenities of the neighborhood
1130improvement district as stipulated in s. 163.502.
1131     (6)(7)  If, at any time after approval of the safe
1132neighborhood improvement plan, it becomes desirable to amend or
1133modify the plan, the board may do so. Prior to any such
1134amendment or modification, the board shall obtain written
1135approval of the local governing body concerning conformity to
1136the local government comprehensive plan and hold a public
1137hearing on the proposed amendment or modification after public
1138notice thereof by publication in a newspaper of general
1139circulation in the county or municipality in which the district
1140is located. The notice shall describe the time, place, and
1141purpose of the hearing and generally describe the proposed
1142amendment or modification.
1143     (8)  Pursuant to s. 163.3184, the governing body of a
1144municipality or county shall hold two public hearings to
1145consider the board-adopted safe neighborhood improvement plan as
1146an amendment or modification to the municipality's or county's
1147adopted local comprehensive plan.
1148     (9)  A safe neighborhood improvement plan for each district
1149shall be prepared and adopted by the municipality or county
1150prior to the levy and expenditure of any of the proceeds of any
1151tax assessment or fee authorized to such districts other than
1152for the preparation of the safe community or business
1153improvement plan.
1154     Section 21.  Section 163.517, Florida Statutes, is
1155repealed.
1156     Section 22.  Section 163.519, Florida Statutes, is
1157repealed.
1158     Section 23.  Section 163.521, Florida Statutes, is
1159repealed.
1160     Section 24.  Section 163.5215, Florida Statutes, is
1161repealed.
1162     Section 25.  Section 163.522, Florida Statutes, is
1163repealed.
1164     Section 26.  Section 163.523, Florida Statutes, is
1165repealed.
1166     Section 27.  Section 163.524, Florida Statutes, is
1167repealed.
1168     Section 28.  Section 163.526, Florida Statutes, is
1169repealed.
1170     Section 29.  Paragraph (c) of subsection (1) of section
1171376.84, Florida Statutes, is amended to read:
1172     376.84  Brownfield redevelopment economic incentives.-It is
1173the intent of the Legislature that brownfield redevelopment
1174activities be viewed as opportunities to significantly improve
1175the utilization, general condition, and appearance of these
1176sites. Different standards than those in place for new
1177development, as allowed under current state and local laws,
1178should be used to the fullest extent to encourage the
1179redevelopment of a brownfield. State and local governments are
1180encouraged to offer redevelopment incentives for this purpose,
1181as an ongoing public investment in infrastructure and services,
1182to help eliminate the public health and environmental hazards,
1183and to promote the creation of jobs in these areas. Such
1184incentives may include financial, regulatory, and technical
1185assistance to persons and businesses involved in the
1186redevelopment of the brownfield pursuant to this act.
1187     (1)  Financial incentives and local incentives for
1188redevelopment may include, but not be limited to:
1189     (c)  Safe Neighborhood improvement districts as provided in
1190part IV of chapter 163 ss. 163.501-163.523.
1191     Section 30.  Subsection (2) of section 775.083, Florida
1192Statutes, is amended to read:
1193     775.083  Fines.-
1194     (2)  In addition to the fines set forth in subsection (1),
1195court costs shall be assessed and collected in each instance a
1196defendant pleads nolo contendere to, or is convicted of, or
1197adjudicated delinquent for, a felony, a misdemeanor, or a
1198criminal traffic offense under state law, or a violation of any
1199municipal or county ordinance if the violation constitutes a
1200misdemeanor under state law. The court costs imposed by this
1201section shall be $50 for a felony and $20 for any other offense
1202and shall be deposited by the clerk of the court into an
1203appropriate county account for disbursement for the purposes
1204provided in this subsection. A county shall account for the
1205funds separately from other county funds as crime prevention
1206funds. The county, in consultation with the sheriff, must expend
1207such funds for crime prevention programs in the county,
1208including safe neighborhood improvement programs under part IV
1209of chapter 163 ss. 163.501-163.523.
1210     Section 31.  Paragraphs (a) and (c) of subsection (5) of
1211section 932.7055, Florida Statutes, are amended to read:
1212     932.7055  Disposition of liens and forfeited property.-
1213     (5)(a)  If the seizing agency is a county or municipal
1214agency, the remaining proceeds shall be deposited in a special
1215law enforcement trust fund established by the board of county
1216commissioners or the governing body of the municipality. Such
1217proceeds and interest earned therefrom shall be used for school
1218resource officer, crime prevention, safe neighborhood
1219improvement, drug abuse education and prevention programs, or
1220for other law enforcement purposes, which include defraying the
1221cost of protracted or complex investigations, providing
1222additional equipment or expertise, purchasing automated external
1223defibrillators for use in law enforcement vehicles, and
1224providing matching funds to obtain federal grants. The proceeds
1225and interest may not be used to meet normal operating expenses
1226of the law enforcement agency.
1227     (c)  An agency or organization, other than the seizing
1228agency, that wishes to receive such funds shall apply to the
1229sheriff or chief of police for an appropriation and its
1230application shall be accompanied by a written certification that
1231the moneys will be used for an authorized purpose. Such requests
1232for expenditures shall include a statement describing
1233anticipated recurring costs for the agency for subsequent fiscal
1234years. An agency or organization that receives money pursuant to
1235this subsection shall provide an accounting for such moneys and
1236shall furnish the same reports as an agency of the county or
1237municipality that receives public funds. Such funds may be
1238expended in accordance with the following procedures:
1239     1.  Such funds may be used only for school resource
1240officer, crime prevention, safe neighborhood improvement, drug
1241abuse education, or drug prevention programs or such other law
1242enforcement purposes as the board of county commissioners or
1243governing body of the municipality deems appropriate.
1244     2.  Such funds shall not be a source of revenue to meet
1245normal operating needs of the law enforcement agency.
1246     3.  After July 1, 1992, and during every fiscal year
1247thereafter, any local law enforcement agency that acquires at
1248least $15,000 pursuant to the Florida Contraband Forfeiture Act
1249within a fiscal year must expend or donate no less than 15
1250percent of such proceeds for the support or operation of any
1251drug treatment, drug abuse education, drug prevention, crime
1252prevention, safe neighborhood improvement, or school resource
1253officer program program(s). The local law enforcement agency has
1254the discretion to determine which program or programs program(s)
1255will receive the designated proceeds.
1256
1257Notwithstanding the drug abuse education, drug treatment, drug
1258prevention, crime prevention, safe neighborhood improvement, or
1259school resource officer minimum expenditures or donations, the
1260sheriff and the board of county commissioners or the chief of
1261police and the governing body of the municipality may agree to
1262expend or donate such funds over a period of years if the
1263expenditure or donation of such minimum amount in any given
1264fiscal year would exceed the needs of the county or municipality
1265for such program or programs program(s). Nothing in this section
1266precludes the expenditure or donation of forfeiture proceeds in
1267excess of the minimum amounts established herein.
1268     Section 32.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.