Florida Senate - 2012                       CS for CS for SB 582
       
       
       
       By the Committees on Budget Subcommittee on Finance and Tax; and
       Community Affairs; and Senator Simmons
       
       
       
       593-02258-12                                           2012582c2
    1                        A bill to be entitled                      
    2         An act relating to neighborhood improvement districts;
    3         amending ss. 163.2511, 163.2517, 163.3182, 163.3246,
    4         and 163.387, F.S.; conforming provisions to changes
    5         made by the act; amending s. 163.501, F.S.; renaming
    6         the “Safe Neighborhoods Act” as the “Neighborhoods
    7         Improvement Act”; amending s. 163.502, F.S.; revising
    8         legislative findings and purpose; amending s. 163.503,
    9         F.S.; revising and deleting definitions; amending s.
   10         163.5035, F.S.; conforming provisions to changes made
   11         by the act; amending s. 163.504, F.S.; authorizing the
   12         governing body of any municipality or county to form a
   13         neighborhood improvement district through the adoption
   14         of an ordinance rather than by a planning ordinance;
   15         removing provisions pertaining to the creation and
   16         funding of safe neighborhood improvement districts;
   17         amending s. 163.5055, F.S.; requiring each
   18         neighborhood improvement district authorized under law
   19         to notify the Department of Economic Opportunity of
   20         its existence rather than to register with the
   21         Department of Community Affairs and the Department of
   22         Legal Affairs; removing the requirement that the
   23         neighborhood improvement district notify the
   24         Department of Community Affairs and the Department of
   25         Legal Affairs; amending s. 163.506, F.S.; revising
   26         provisions authorizing a local governing body to
   27         create a local government neighborhood improvement
   28         district; specifying that the ordinance may authorize
   29         the improvement district to borrow money, contract
   30         loans, and issue bonds; authorizing the governing body
   31         of the improvement district to levy ad valorem taxes
   32         upon real and tangible personal property within the
   33         district; authorizing the district to make and collect
   34         special assessments; conditioning the exercise of
   35         power by the local government neighborhood improvement
   36         district to borrow money, contract loans, issue bonds,
   37         charge, collect, and enforce fees, make and collect
   38         special assessments, and levy ad valorem taxes upon
   39         real and tangible personal property within the
   40         district upon the approval of a referendum by the
   41         freeholders of the district; providing ballot
   42         requirements; removing provisions allowing an
   43         alternative organization for the board of directors;
   44         amending s. 163.508, F.S., relating to property
   45         owners’ association neighborhood improvement
   46         districts; revising the requirements for creating a
   47         property owners’ association neighborhood improvement
   48         district by the enactment of a separate ordinance for
   49         each district; authorizing the governing body to
   50         request grants from the state; amending s. 163.511,
   51         F.S., relating to special neighborhood improvement
   52         districts; revising provisions to conform to changes
   53         made by the act; revising the method of appointing and
   54         removing directors of the district; amending s.
   55         163.512, F.S.; revising provisions authorizing a
   56         municipality or county to create a community
   57         redevelopment neighborhood improvement district;
   58         authorizing the district to receive grants and other
   59         funding; providing that the local governing body may
   60         dissolve the district under certain circumstances;
   61         repealing s. 163.513, F.S., relating to crime
   62         prevention through community policing innovations;
   63         amending s. 163.514, F.S.; revising the powers of
   64         neighborhood improvement districts; allowing the
   65         district to contract with legal counsel and other
   66         needed professionals; authorizing the district to
   67         collect special assessments under certain
   68         circumstances and following designated procedures;
   69         amending s. 163.5151, F.S.; requiring a local
   70         government and a special neighborhood improvement
   71         district to prepare its budget in a specified manner
   72         if levying an ad valorem tax on real or personal
   73         property; amending s. 163.516, F.S.; requiring
   74         neighborhood improvement plans to be created for each
   75         improvement district; revising the contents of the
   76         neighborhood improvement district’s plan; repealing s.
   77         163.517, F.S., relating to the Safe Neighborhoods
   78         Program; repealing s. 163.519, F.S., relating to the
   79         duties of the Department of Legal Affairs relating to
   80         neighborhood improvement districts; repealing s.
   81         163.521, F.S., relating to funding for a neighborhood
   82         improvement district inside an enterprise zone;
   83         repealing s. 163.5215, F.S., relating to the effect
   84         and construction of existing laws relating to
   85         neighborhood improvement districts; repealing s.
   86         163.522, F.S., relating to state redevelopment
   87         programs; repealing s. 163.523, F.S., relating to
   88         cooperation and involvement of community organizations
   89         in the creation of safe neighborhood improvement
   90         districts; repealing s. 163.524, F.S., relating to
   91         participation in the Neighborhood Preservation and
   92         Enhancement Program; repealing s. 163.526, F.S.,
   93         relating to powers and duties of the Neighborhood
   94         Councils and the designated agency of the local
   95         government; amending ss. 376.84, 775.083, and
   96         932.7055, F.S.; conforming provisions to changes made
   97         by the act; providing an effective date.
   98  
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Paragraph (d) of subsection (2) of section
  102  163.2511, Florida Statutes, is amended to read:
  103         163.2511 Urban infill and redevelopment.—
  104         (2) It is declared that:
  105         (d) State urban policies should guide the state, regional
  106  agencies, local governments, and the private sector in
  107  preserving and redeveloping existing urban cores and promoting
  108  the adequate provision of infrastructure, human services,
  109  neighborhood improvement safe neighborhoods, educational
  110  facilities, and economic development to sustain these cores into
  111  the future.
  112         Section 2. Paragraph (c) of subsection (3) of section
  113  163.2517, Florida Statutes, is amended to read:
  114         163.2517 Designation of urban infill and redevelopment
  115  area.—
  116         (3) A local government seeking to designate a geographic
  117  area within its jurisdiction as an urban infill and
  118  redevelopment area shall prepare a plan that describes the
  119  infill and redevelopment objectives of the local government
  120  within the proposed area. In lieu of preparing a new plan, the
  121  local government may demonstrate that an existing plan or
  122  combination of plans associated with a community redevelopment
  123  area, Florida Main Street program, Front Porch Florida
  124  Community, sustainable community, enterprise zone, or
  125  neighborhood improvement district includes the factors listed in
  126  paragraphs (a)-(n), including a collaborative and holistic
  127  community participation process, or amend such existing plans to
  128  include these factors. The plan shall demonstrate the local
  129  government and community’s commitment to comprehensively address
  130  the urban problems within the urban infill and redevelopment
  131  area and identify activities and programs to accomplish locally
  132  identified goals such as code enforcement; improved educational
  133  opportunities; reduction in crime; neighborhood revitalization
  134  and preservation; provision of infrastructure needs, including
  135  mass transit and multimodal linkages; and mixed-use planning to
  136  promote multifunctional redevelopment to improve both the
  137  residential and commercial quality of life in the area. The plan
  138  shall also:
  139         (c) Identify and map existing enterprise zones, community
  140  redevelopment areas, community development corporations,
  141  brownfield areas, downtown redevelopment districts, safe
  142  neighborhood improvement districts, historic preservation
  143  districts, and empowerment zones or enterprise communities
  144  located within the area proposed for designation as an urban
  145  infill and redevelopment area and provide a framework for
  146  coordinating infill and redevelopment programs within the urban
  147  core.
  148         Section 3. Paragraph (a) of subsection (6) of section
  149  163.3182, Florida Statutes, is amended to read:
  150         163.3182 Transportation deficiencies.—
  151         (6) EXEMPTIONS.—
  152         (a) The following public bodies or taxing authorities are
  153  exempt from this section:
  154         1. A special district that levies ad valorem taxes on
  155  taxable real property in more than one county.
  156         2. A special district for which the sole available source
  157  of revenue is the authority to levy ad valorem taxes at the time
  158  an ordinance is adopted under this section. However, revenues or
  159  aid that may be dispensed or appropriated to a district as
  160  defined in s. 388.011 at the discretion of an entity other than
  161  such district are not deemed available.
  162         3. A library district.
  163         4. A neighborhood improvement district created under the
  164  Safe Neighborhoods Improvement Act.
  165         5. A metropolitan transportation authority.
  166         6. A water management district created under s. 373.069.
  167         7. A community redevelopment agency.
  168         Section 4. Paragraph (e) of subsection (2) of section
  169  163.3246, Florida Statutes, is amended to read:
  170         163.3246 Local government comprehensive planning
  171  certification program.—
  172         (2) In order to be eligible for certification under the
  173  program, the local government must:
  174         (e) Demonstrate that it has adopted programs in its local
  175  comprehensive plan and land development regulations which:
  176         1. Promote infill development and redevelopment, including
  177  prioritized and timely permitting processes in which
  178  applications for local development permits within the
  179  certification area are acted upon expeditiously for proposed
  180  development that is consistent with the local comprehensive
  181  plan.
  182         2. Promote the development of housing for low-income and
  183  very-low-income households or specialized housing to assist
  184  elderly and disabled persons to remain at home or in independent
  185  living arrangements.
  186         3. Achieve effective intergovernmental coordination and
  187  address the extrajurisdictional effects of development within
  188  the certified area.
  189         4. Promote economic diversity and growth while encouraging
  190  the retention of rural character, where rural areas exist, and
  191  the protection and restoration of the environment.
  192         5. Provide and maintain public urban and rural open space
  193  and recreational opportunities.
  194         6. Manage transportation and land uses to support public
  195  transit and promote opportunities for pedestrian and
  196  nonmotorized transportation.
  197         7. Use design principles to foster individual community
  198  identity, create a sense of place, and promote pedestrian
  199  oriented safe neighborhoods and town centers.
  200         8. Redevelop blighted areas.
  201         9. Adopt a local mitigation strategy and have programs to
  202  improve disaster preparedness and the ability to protect lives
  203  and property, especially in coastal high-hazard areas.
  204         10. Encourage clustered, mixed-use development that
  205  incorporates greenspace and residential development within
  206  walking distance of commercial development.
  207         11. Encourage urban infill at appropriate densities and
  208  intensities and separate urban and rural uses and discourage
  209  urban sprawl while preserving public open space and planning for
  210  buffer-type land uses and rural development consistent with
  211  their respective character along and outside the certification
  212  area.
  213         12. Assure protection of key natural areas and agricultural
  214  lands that are identified using state and local inventories of
  215  natural areas. Key natural areas include, but are not limited
  216  to:
  217         a. Wildlife corridors.
  218         b. Lands with high native biological diversity, important
  219  areas for threatened and endangered species, species of special
  220  concern, migratory bird habitat, and intact natural communities.
  221         c. Significant surface waters and springs, aquatic
  222  preserves, wetlands, and outstanding Florida waters.
  223         d. Water resources suitable for preservation of natural
  224  systems and for water resource development.
  225         e. Representative and rare native Florida natural systems.
  226         13. Ensure the cost-efficient provision of public
  227  infrastructure and services.
  228         Section 5. Paragraph (c) of subsection (2) of section
  229  163.387, Florida Statutes, is amended to read:
  230         163.387 Redevelopment trust fund.—
  231         (2)
  232         (c) The following public bodies or taxing authorities are
  233  exempt from paragraph (a):
  234         1. A special district that levies ad valorem taxes on
  235  taxable real property in more than one county.
  236         2. A special district for which the sole available source
  237  of revenue the district has the authority to levy is ad valorem
  238  taxes at the time an ordinance is adopted under this section.
  239  However, revenues or aid that may be dispensed or appropriated
  240  to a district as defined in s. 388.011 at the discretion of an
  241  entity other than such district shall not be deemed available.
  242         3. A library district, except a library district in a
  243  jurisdiction where the community redevelopment agency had
  244  validated bonds as of April 30, 1984.
  245         4. A neighborhood improvement district created under the
  246  Safe Neighborhoods Improvement Act.
  247         5. A metropolitan transportation authority.
  248         6. A water management district created under s. 373.069.
  249         Section 6. Section 163.501, Florida Statutes, is amended to
  250  read:
  251         163.501 Short title.—This part may be cited as the “Safe
  252  Neighborhoods Improvement Act.”
  253         Section 7. Section 163.502, Florida Statutes, is amended to
  254  read:
  255         163.502 Safe Neighborhoods improvement; legislative
  256  findings and purpose.—
  257         (1) The Legislature hereby finds and declares that among
  258  the many causes of deterioration in the business and residential
  259  neighborhoods of the state are the following: proliferation of
  260  crime, automobile traffic flow strangled by outmoded street
  261  patterns, unsuitable topography, faulty lot layouts,
  262  fragmentation of land uses and parking areas necessitating
  263  frequent automobile movement, lack of separation of pedestrian
  264  areas from automobile traffic, lack of separation of vehicle
  265  traffic lanes and railroad traffic, and excessive noise levels
  266  from automobile traffic, and lack of adequate public
  267  improvements such as streets, street lights, street furniture,
  268  street landscaping, sidewalks, traffic signals, way-finding
  269  signs, mass transit, stormwater systems, and other public
  270  utilities and improvements.
  271         (2) The Legislature further finds and declares that healthy
  272  and vibrant safe neighborhoods are the product of planning and
  273  implementation of appropriate environmental design concepts,
  274  comprehensive planning crime prevention programs, land use
  275  recommendations, and beautification techniques.
  276         (3) The Legislature further finds and declares that the
  277  provisions of this part and the powers granted to local
  278  governments, property owners’ associations, special dependent
  279  districts, and community redevelopment neighborhood improvement
  280  districts are desirable to guide and accomplish the coordinated,
  281  balanced, and harmonious development of healthy and vibrant safe
  282  neighborhoods; to promote the health, safety, and general
  283  welfare of these areas and their inhabitants, visitors, property
  284  owners, and workers; to establish, maintain, and preserve
  285  property values and preserve and foster the development of
  286  attractive neighborhood and business environments; to prevent
  287  overcrowding and congestion; and to improve or redirect
  288  automobile traffic and provide pedestrian safety; to reduce
  289  crime rates and the opportunities for the commission of crime;
  290  and to provide improvements in neighborhoods so they are
  291  defensible against crime.
  292         (4) It is the intent of the Legislature to assist local
  293  governments in implementing plans that improve the employ crime
  294  prevention through community policing innovations, environmental
  295  design, environmental security, and defensible space techniques
  296  to establish safe neighborhoods of this state. The Legislature,
  297  therefore, declares that the development, redevelopment,
  298  preservation, and revitalization of neighborhoods in this state,
  299  and all the purposes of this part, are public purposes for which
  300  public money may be borrowed, expended, loaned, and granted.
  301         Section 8. Section 163.503, Florida Statutes, is amended to
  302  read:
  303         163.503 Safe neighborhoods; Definitions.—
  304         (1) “Safe Neighborhood improvement district,” “district,”
  305  or “neighborhood improvement district” means a district located
  306  in an area in which more than 75 percent of the land is used for
  307  residential purposes, or in an area in which more than 75
  308  percent of the land is used for commercial, office, business, or
  309  industrial purposes, excluding the land area used for public
  310  facilities, and where there is a plan to reduce crime through
  311  the implementation of crime prevention through environmental
  312  design, environmental security, or defensible space techniques,
  313  or through community policing innovations. Nothing in This
  314  section does not shall preclude the inclusion of public land in
  315  a neighborhood improvement district although the amount of land
  316  used for public facilities is excluded from the land use acreage
  317  calculations.
  318         (2) “Association” means a property owners’ association
  319  which is incorporated for the purpose of creating and operating
  320  a neighborhood improvement district.
  321         (3) “Department” means the Department of Economic
  322  Opportunity Legal Affairs.
  323         (4) “Board” means the board of directors of a neighborhood
  324  improvement district, which may be the governing body of a
  325  municipality or county or the officers of a property owners’
  326  association or the board of directors of a special neighborhood
  327  improvement district or community redevelopment neighborhood
  328  improvement district.
  329         (5) “Environmental security” means an urban planning and
  330  design process which integrates crime prevention with
  331  neighborhood design and community development.
  332         (6) “Crime prevention through environmental design” means
  333  the planned use of environmental design concepts such as natural
  334  access control, natural surveillance, and territorial
  335  reinforcement in a neighborhood or community setting which is
  336  designed to reduce criminal opportunity and foster positive
  337  social interaction among the legitimate users of that setting.
  338         (7) “Defensible space” means an architectural perspective
  339  on crime prevention through physical design of the environment
  340  to create the ability to monitor and control the environment
  341  along individual perceived zones of territorial influence that
  342  result in a proprietary interest and a felt responsibility.
  343         (8) “Enterprise zone” means an area designated pursuant to
  344  s. 290.0065.
  345         (9) “Community policing innovation” means techniques or
  346  strategies as defined by s. 163.340.
  347         Section 9. Section 163.5035, Florida Statutes, is amended
  348  to read:
  349         163.5035 Safe Neighborhood improvement districts;
  350  compliance with special district provisions.—Any special
  351  district created pursuant to this part shall comply with all
  352  applicable provisions contained in chapter 189. In cases where a
  353  provision contained in this part conflicts with a provision in
  354  chapter 189, the provision in chapter 189 shall prevail.
  355         Section 10. Section 163.504, Florida Statutes, is amended
  356  to read:
  357         163.504 Safe Neighborhood improvement districts; planning
  358  funds.—
  359         (1) The governing body of any municipality or county may
  360  authorize the formation of safe neighborhood improvement
  361  districts through the adoption of an a planning ordinance that
  362  which specifies that such districts may be created by one or
  363  more of the methods established in ss. 163.506, 163.508,
  364  163.511, and 163.512. A No district may not overlap the
  365  jurisdictional boundaries of a municipality and the
  366  unincorporated area of a county, unless approved except by
  367  interlocal agreement.
  368         (2) If the governing body of a municipality or county
  369  elects to create a safe neighborhood improvement district, it
  370  shall be eligible to request a grant from the Safe Neighborhoods
  371  Program, created pursuant to s. 163.517 and administered by the
  372  Department of Legal Affairs, to prepare a safe neighborhood
  373  improvement plan for the district.
  374         (3) Municipalities and counties may implement the
  375  provisions of this section without planning funds from the
  376  Department of Legal Affairs. However, nothing in this section
  377  shall be construed to exempt any district from the requirements
  378  of providing a safe neighborhood improvement plan pursuant to s.
  379  163.516.
  380         Section 11. Section 163.5055, Florida Statutes, is amended
  381  to read:
  382         163.5055 Notice Registration of district establishment;
  383  notice of dissolution.—
  384         (1)(a) Each neighborhood improvement district authorized
  385  and established under this part shall within 30 days thereof
  386  notify register with both the Department of Economic Opportunity
  387  Community Affairs and the Department of Legal Affairs by
  388  providing the department these departments with the district’s
  389  name, location, size, and type, and such other information as
  390  the department departments may request require.
  391         (2)(b) Each local governing body that which authorizes the
  392  dissolution of a district shall notify both the Department of
  393  Economic Opportunity Community Affairs and the Department of
  394  Legal Affairs within 30 days after the dissolution of the
  395  district.
  396         (2) This section shall apply to all neighborhood
  397  improvement districts established on or after July 1, 1987.
  398         Section 12. Section 163.506, Florida Statutes, is amended
  399  to read:
  400         163.506 Local government neighborhood improvement
  401  districts; creation; advisory council; dissolution.—
  402         (1) After an a local planning ordinance has been adopted
  403  authorizing the creation of local government neighborhood
  404  improvement districts, the local governing body of a
  405  municipality or county may create local government neighborhood
  406  improvement districts by the enactment of a separate ordinance
  407  for each district, which ordinance:
  408         (a) Specifies the boundaries, size, and name of the
  409  district.
  410         (b) Authorizes the district to receive grants a planning
  411  grant from the department.
  412         (c) Authorizes the local government neighborhood
  413  improvement district to levy an ad valorem tax on real and
  414  personal property of up to 2 mills annually.
  415         (d) Authorizes the use of special assessments to support
  416  planning and implementation of district improvements pursuant to
  417  the provisions of s. 163.514(16), if the district is a
  418  residential local government neighborhood improvement district
  419  including community policing innovations.
  420         (e) Designates the local governing body as the board of
  421  directors of the district.
  422         (f) Establishes an advisory council to the board of
  423  directors comprised of property owners, representatives of
  424  property owners, business owners, or residents of the district.
  425         (g) May prohibit the use of any district power authorized
  426  by s. 163.514.
  427         (h) Requires the district to notify the Department of Legal
  428  Affairs and the Department of Economic Opportunity Community
  429  Affairs in writing of its establishment within 30 days thereof
  430  pursuant to s. 163.5055.
  431         (i) Authorizes the district to borrow money, contract
  432  loans, and issue bonds, certificates, warrants, notes, or other
  433  evidence of indebtedness from time to time to finance the
  434  undertaking of any capital or other project for the purposes
  435  permitted by the State Constitution and this part and pledge the
  436  funds, credit, property, and taxing power of the improvement
  437  district for the payment of such debts and bonds.
  438         1. Bonds issued under this part shall be authorized by
  439  resolution of the governing board of the district and, if
  440  required by the State Constitution, by affirmative vote of the
  441  electors of the district. Such bonds may be issued in one or
  442  more series and shall bear such date or dates, be payable upon
  443  demand or mature at such time or times, bear interest at such
  444  rate or rates, be in such denomination or denominations, be in
  445  such form, registered or not, with or without coupon, carry such
  446  conversion or registration privileges, have such rank or
  447  priority, be executed in such manner, be payable in such medium
  448  of payment, at such place or places, and subject to such terms
  449  of redemption, with or without premium, be secured in such
  450  manner, and have such other characteristics as may be provided
  451  by such resolution or trust indenture or mortgage issued
  452  pursuant thereto.
  453         2. The governing body of the district shall determine the
  454  terms and manner of sale and distribution or other disposition
  455  of any and all bonds it may issue, consistent with s. 218.385,
  456  and shall have any and all powers necessary and convenient to
  457  such disposition.
  458         3. The governing body of the district may establish and
  459  administer such sinking funds as it deems necessary or
  460  convenient for the payment, purchase, or redemption of any
  461  outstanding bonded indebtedness of the district.
  462         4. The governing body of the improvement district may levy
  463  ad valorem taxes upon real and tangible personal property within
  464  the district as it deems necessary to make payment, including
  465  principal and interest, upon the general obligation and ad
  466  valorem bonded indebtedness of the district or into any sinking
  467  fund created pursuant to this part.
  468         5. This part shall be full authority for the issuance of
  469  bonds authorized herein.
  470         (j) Authorizes the district to make and collect special
  471  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  472  capital improvements within the district and for reasonable
  473  expenses of operating the district, including the payment of
  474  expenses included in the district’s budget, if the district is a
  475  commercial local government neighborhood improvement district.
  476  Such assessments may not exceed $500 for each individual parcel
  477  of land per year.
  478         (k) Authorizes the district to charge, collect, and enforce
  479  fees and other user charges.
  480         (l) Conditions the exercise of the powers provided in
  481  paragraphs (c), (i), and (j) on approval pursuant to a
  482  referendum as described in this paragraph:
  483         1. Within 45 days after the date the governing body of the
  484  municipality or county enacts an ordinance calling a referendum
  485  pursuant to this subsection, the city clerk or the supervisor of
  486  elections, whichever is appropriate, shall certify such
  487  ordinance and compile a list of the names and last known
  488  addresses of the freeholders in the proposed local government
  489  neighborhood improvement district from the tax assessment roll
  490  of the county applicable as of December 31 in the year preceding
  491  the year in which the ordinance was enacted. Except as otherwise
  492  provided in this paragraph, the list shall constitute the
  493  registration list for the purposes of the freeholders’
  494  referendum required under this paragraph.
  495         2. Within 45 days after compilation of the freeholders’
  496  registration list pursuant to subparagraph 1., the city clerk or
  497  the supervisor of elections shall notify each such freeholder of
  498  the general provisions of this paragraph, including the taxing
  499  authority and the date of the upcoming referendum, and the
  500  method provided for submitting corrections to the registration
  501  list if the status of the freeholder has changed since the
  502  compilation of the tax rolls. Notification shall be by first
  503  class United States mail and, in addition thereto, by
  504  publication one time in a newspaper of general circulation in
  505  the county or municipality in which the district is located.
  506         3. Any freeholder whose name does not appear on the tax
  507  rolls compiled pursuant to subparagraph 1. may register to vote
  508  with the city clerk or the supervisor of elections. The
  509  registration list shall remain open for 75 days after enactment
  510  of the ordinance calling for the referendum.
  511         4. Within 15 days after the closing of the registration
  512  list, the city clerk or the supervisor of elections shall send a
  513  ballot to each registered freeholder at his or her last known
  514  mailing address by first-class United States mail. The ballot
  515  shall include:
  516         a. A description of the general provisions of this
  517  paragraph applicable to local government neighborhood
  518  improvement districts;
  519         b. The assessed value of the freeholder’s property;
  520         c. The percent of the freeholder’s interest in such
  521  property; and
  522         d. Immediately following the information required in sub
  523  subparagraphs a.-c., the following:
  524  
  525         “Do you favor authorizing the .... Local Government
  526  Neighborhood Improvement District to levy up to 2 mills of ad
  527  valorem taxes by such proposed district?
  528  
  529         ....Yes, for authorizing the levy of up to 2 mills of ad
  530  valorem taxes by such proposed district.
  531  
  532         ....No, against authorizing the levy of up to 2 mills of ad
  533  valorem taxes by such proposed district.”
  534  
  535         “Do you favor authorizing the .... Local Government
  536  Neighborhood Improvement District to borrow money, including the
  537  issuance of bonds, as provided by s. 163.506(1)(i)?
  538  
  539         ....Yes, for authorizing the borrowing of money for
  540  district purposes.
  541  
  542         ....No, against authorizing the borrowing of money for
  543  district purposes.”
  544  
  545         “Do you favor authorizing the .... Local Government
  546  Neighborhood Improvement District to impose a special assessment
  547  of not greater than $500 for each individual parcel of land per
  548  year to pay for the expenses of operating the neighborhood
  549  improvement district and for approved capital improvements?
  550  
  551         ....Yes, for the special assessment.
  552  
  553         ....No, against the special assessment.”
  554  
  555         5. Ballots shall be returned by first-class United States
  556  mail or by personal delivery.
  557         6. All ballots received within 120 days after enactment of
  558  the ordinance shall be tabulated by the city clerk or the
  559  supervisor of elections, who shall certify the results thereof
  560  to the city council or county commission no later than 5 days
  561  after the 120-day period.
  562         7. The freeholders shall be deemed to have approved of the
  563  provisions of this paragraph at such time as the city clerk or
  564  the supervisor of elections certifies to the governing body of
  565  the municipality or county that approval has been given by
  566  freeholders owning in excess of 50 percent of the assessed value
  567  of the properties represented by ballots cast.
  568         8. The city clerk or the supervisor of elections, whichever
  569  is appropriate, shall enclose with each ballot sent pursuant to
  570  this paragraph two envelopes: a secrecy envelope, into which the
  571  freeholder shall enclose the marked ballot; and a mailing
  572  envelope, into which the freeholder shall then place the secrecy
  573  envelope, which shall be addressed to the city clerk or the
  574  supervisor of elections. The back side of the mailing envelope
  575  shall bear a certificate in substantially the following form:
  576  
  577   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  578                 AND COMPLETING VOTER’S CERTIFICATE.               
  579  
  580                         VOTER’S CERTIFICATE                       
  581  
  582         I, ...., am a duly qualified and registered freeholder of
  583  the proposed ...(name)... local government neighborhood
  584  improvement district; and I am entitled to vote this ballot. I
  585  do solemnly swear or affirm that I have not and will not vote
  586  more than one ballot in this election. I understand that failure
  587  to sign this certificate and have my signature witnessed will
  588  invalidate my ballot.
  589  
  590         ...(Voter’s Signature)...
  591  
  592         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  593  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  594         I swear or affirm that the elector signed this voter’s
  595  certificate in my presence.
  596  
  597         ...(Signature of Witness)...
  598         ...(Address)...(City/State)...
  599  
  600         9. The certificate shall be arranged on the back of the
  601  mailing envelope so that the lines for the signatures of the
  602  freeholder and the attesting witness are across the seal of the
  603  envelope; however, no statement shall appear on the envelope
  604  which indicates that a signature of the freeholder or witness
  605  must cross the seal of the envelope. The freeholder and the
  606  attesting witness shall execute the certificate on the envelope.
  607         10. The city clerk or the supervisor of elections shall
  608  enclose with each ballot sent to a freeholder pursuant to this
  609  paragraph separate printed instructions in substantially the
  610  following form:
  611  
  612      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  613  
  614         a. VERY IMPORTANT. In order to ensure that your ballot will
  615  be counted, it should be completed and returned as soon as
  616  possible so that it can reach the city clerk or the supervisor
  617  of elections no later than 7 p.m. on the (final day of the 120
  618  day period given here).
  619         b. Mark your ballot in secret as instructed on the ballot.
  620         c. Place your marked ballot in the enclosed secrecy
  621  envelope.
  622         d. Insert the secrecy envelope into the enclosed mailing
  623  envelope, which is addressed to the city clerk or the supervisor
  624  of elections.
  625         e. Seal the mailing envelope and completely fill out the
  626  Voter’s Certificate on the back of the mailing envelope.
  627         f. VERY IMPORTANT. Sign your name on the line provided for
  628  “(Voter’s Signature).”
  629         g. VERY IMPORTANT. In order for your ballot to be counted,
  630  it must include the signature and address of a witness 18 years
  631  of age or older affixed to the Voter’s Certificate.
  632         h. Mail, deliver, or have delivered the completed mailing
  633  envelope. Be sure there is sufficient postage if mailed.
  634         (2) The advisory council shall perform such duties as may
  635  be prescribed by the governing body and shall submit within the
  636  time period specified by the governing body, acting as the board
  637  of directors, a report on the district’s activities and a
  638  proposed budget to accomplish its objectives. In formulating a
  639  plan for services or improvements the advisory board shall
  640  consult in public session with the appropriate staff or
  641  consultants of the local governing body responsible for the
  642  district’s plan.
  643         (3) As an alternative to designating the local governing
  644  body as the board of directors, a majority of the local
  645  governing body of a city or county may appoint a board of three
  646  to seven directors for the district who shall be residents of
  647  the proposed area and who are subject to ad valorem taxation in
  648  the residential neighborhood improvement district or who are
  649  property owners in a commercial neighborhood improvement
  650  district. The directors shall be appointed for staggered terms
  651  of 3 years. The initial appointments shall be as follows: one
  652  director for a 1-year term; one director for a 2-year term; and
  653  one director for a 3-year term. If more than three directors are
  654  to be appointed, the additional members shall initially be
  655  appointed for 3-year terms. Vacancies shall be filled for the
  656  unexpired portion of a term in the same manner as the initial
  657  appointments were made. Each director shall hold office until
  658  his or her successor is appointed and qualified unless the
  659  director ceases to be qualified or is removed from office. Upon
  660  appointment and qualification and in January of each year, the
  661  directors shall organize by electing from their number a chair
  662  and a secretary.
  663         (3)(4) A district may be dissolved by the governing body by
  664  rescinding the ordinance creating the district. The governing
  665  body may rescind shall consider rescinding the ordinance if
  666  presented with a petition requesting that it be rescinded.
  667  Petitions related to a residential neighborhood improvement
  668  district must contain containing the signatures of 60 percent of
  669  the residents. Petitions related to a commercial neighborhood
  670  improvement district must contain signatures representing owners
  671  of 60 percent of the land area of the of a district.
  672         Section 13. Section 163.508, Florida Statutes, is amended
  673  to read:
  674         163.508 Property owners’ association neighborhood
  675  improvement districts; creation; powers and duties; duration.—
  676         (1) After an a local planning ordinance has been adopted
  677  authorizing the creation of property owners’ association
  678  neighborhood improvement districts, the local governing body of
  679  a municipality or county may create property owners’ association
  680  neighborhood improvement districts by the enactment of a
  681  separate ordinance for each district, which ordinance:
  682         (a) Establishes that an incorporated property owners’
  683  association representing 75 percent of all owners of property
  684  within a proposed district meeting the requirements of this
  685  section has petitioned the governing body of the municipality or
  686  county for creation of a district for the area encompassed by
  687  the property owned by members of the association.
  688         (b) Specifies the boundaries, size, and name of the
  689  district.
  690         (c) Authorizes the governing body through mutual agreement
  691  with the property owners’ association to:
  692         1. Request grants a matching grant from the state’s Safe
  693  Neighborhoods Program to prepare the first year’s safe
  694  neighborhood improvement plan. The provider of the local match
  695  for the state grant shall be mutually agreed upon between the
  696  governing body and the property owners’ association. The
  697  governing body may agree to provide the match as a no-interest
  698  bearing loan to be paid back from assessments imposed by the
  699  association on its members or shareholders.
  700         2. Provide staff and other technical assistance to the
  701  property owners’ association on a mutually agreed-upon basis,
  702  contractual or otherwise.
  703         3. Prepare the first year’s safe neighborhood improvement
  704  plan, which shall comply with and be consistent with the
  705  governing body’s adopted comprehensive plan.
  706         (d) Provides for an audit of the property owners’
  707  association.
  708         (e) Designates the officers of the incorporated property
  709  owners’ association as the board of directors of the district.
  710         (f) May prohibit the use of any district power authorized
  711  by s. 163.514.
  712         (g) Requires the district to notify the Department of Legal
  713  Affairs and the Department of Economic Opportunity Community
  714  Affairs in writing of its establishment within 30 days thereof
  715  pursuant to s. 163.5055.
  716         (2) In order to qualify for the creation of a neighborhood
  717  improvement district, the property owners shall form an
  718  association in compliance with this section, or use an existing
  719  property owners’ association in compliance with this section,
  720  which shall be a corporation, for profit or not for profit. At
  721  least, and of which not less than 75 percent of all property
  722  owners within the proposed area must consent have consented in
  723  writing to become members or shareholders. Upon such consent by
  724  75 percent of the property owners in the proposed district, all
  725  consenting property owners and their successors shall become
  726  members of the association and shall be bound by the provisions
  727  of the articles of incorporation, the bylaws of the association,
  728  the covenants, the deed restrictions, the indentures, and any
  729  other properly promulgated restrictions. The association shall
  730  have no member or shareholder who is not a bona fide owner of
  731  property within the proposed district. Upon receipt of its
  732  certificate of incorporation, the property owners’ association
  733  shall notify the clerk of the city or county court, whichever is
  734  appropriate, in writing, of such incorporation and shall list
  735  the names and addresses of the officers of the association.
  736         (3) Any incorporated property owners’ association operating
  737  pursuant to this part has shall have the power:
  738         (a) To negotiate with the governing body of a municipality
  739  or county for closing, privatizing, or modifying the rights-of
  740  way, and appurtenances thereto, within the district.
  741         (b) To use utilize various legal instruments such as
  742  covenants, deed restrictions, and indentures to preserve and
  743  maintain the integrity of property, land, and rights-of-way
  744  owned and conveyed to it within the district.
  745         (c) To make and collect assessments against all property
  746  within the boundaries of the district pursuant to the provisions
  747  of s. 163.514(16) and to lease, maintain, repair, and
  748  reconstruct any privatized street, land, or common area within
  749  the district upon dedication thereof to the association.
  750         (d) Without the joinder of any property owner, to modify,
  751  move, or create any easement for ingress and egress or for the
  752  purpose of utilities, if such easement constitutes part of or
  753  crosses district property. However, this does shall not
  754  authorize the association to modify or move any easement that
  755  which is created in whole or in part for the use or benefit of
  756  anyone other than association members, or that which crosses the
  757  property of anyone other than association members, without the
  758  consent or approval of such person as required by law or by the
  759  instrument creating the easement. Nothing in this paragraph
  760  shall affect the rights of ingress or egress of any member of
  761  the association.
  762         (4) A property owners’ association neighborhood improvement
  763  district shall continue in perpetuity as long as the property
  764  owners’ association created pursuant to this section exists
  765  under the applicable laws of the state.
  766         Section 14. Subsections (1), (7), (8), and (10) of section
  767  163.511, Florida Statutes, are amended to read:
  768         163.511 Special neighborhood improvement districts;
  769  creation; referendum; board of directors; duration; extension.—
  770         (1) After an a local planning ordinance has been adopted
  771  authorizing the creation of special neighborhood improvement
  772  districts, the governing body of a municipality or county may
  773  declare the need for and create special residential or business
  774  neighborhood improvement districts by the enactment of a
  775  separate ordinance for each district, which ordinance:
  776         (a) Conditions the implementation of the ordinance on the
  777  approval of a referendum as provided in subsection (2).
  778         (b) Authorizes the special neighborhood improvement
  779  district to levy an ad valorem tax on real and personal property
  780  of up to 2 mills annually.
  781         (c) Authorizes the use of special assessments to support
  782  planning and implementation of district improvements pursuant to
  783  the provisions of s. 163.514(16), including community policing
  784  innovations.
  785         (d) Specifies the boundaries, size, and name of the
  786  district.
  787         (e) Authorizes the district to receive a planning grant
  788  from the department.
  789         (f) Provides for the appointment of a 3-member board of
  790  directors for the district.
  791         (g) May authorize a special neighborhood improvement
  792  district to exercise the power of eminent domain pursuant to
  793  chapters 73 and 74. Any property identified for eminent domain
  794  by the district shall be subject to the approval of the local
  795  governing body before eminent domain procedures are exercised.
  796         (h) May prohibit the use of any district power authorized
  797  by s. 163.514.
  798         (i) Requires the district to notify the Department of Legal
  799  Affairs and the Department of Economic Opportunity Community
  800  Affairs in writing of its establishment within 30 days thereof
  801  pursuant to s. 163.5055.
  802         (j) May authorize a special neighborhood improvement
  803  district to develop and implement community policing innovations
  804  in consultation with the local law enforcement agency having
  805  jurisdiction within the district boundaries.
  806         (7) The business and affairs of a special neighborhood
  807  improvement district shall be conducted and administered by a
  808  board of three directors who shall be residents of or property
  809  owners within the proposed area and who are subject to ad
  810  valorem taxation in the district. Upon their initial appointment
  811  and qualification and in January of each year thereafter, the
  812  directors shall organize by electing from their number a chair
  813  and a secretary, and may also employ staff and legal
  814  representatives as deemed appropriate, who shall serve at the
  815  pleasure of the board and may receive such compensation as shall
  816  be fixed by the board. The secretary shall keep a record of the
  817  proceedings of the district and shall be custodian of all books
  818  and records of the district. The directors may shall not receive
  819  any compensation for their services, nor may they be employed by
  820  the district.
  821         (8) Within 30 days of the approval of the creation of a
  822  special neighborhood improvement district, if the district is in
  823  a municipality, a majority of the governing body of the
  824  municipality, or if the district is in the unincorporated area
  825  of the county, a majority of the county commission, shall
  826  appoint the three directors provided for herein for staggered
  827  terms of 3 years. The initial appointments shall be as follows:
  828  one for a 1-year term, one for a 2-year term, and one for a 3
  829  year term. Each director shall hold office until his or her
  830  successor is appointed and qualified unless the director ceases
  831  to be qualified to act as a director or is removed from office.
  832  Vacancies on the board shall be filled for the unexpired portion
  833  of a term in the same manner as the initial appointments were
  834  made.
  835         (10) The governing body of a municipality or county may
  836  remove a director for inefficiency, neglect of duty, or
  837  misconduct in office only after a hearing and only if he or she
  838  has been given a copy of the charges at least 10 days prior to
  839  such hearing and has had an opportunity to be heard in person or
  840  by counsel. A vacancy so created shall be filled as provided
  841  herein.
  842         Section 15. Section 163.512, Florida Statutes, is amended
  843  to read:
  844         163.512 Community redevelopment neighborhood improvement
  845  districts; creation; advisory council; dissolution.—
  846         (1) Upon the recommendation of the community redevelopment
  847  agency and after an a local planning ordinance has been adopted
  848  authorizing the creation of community redevelopment neighborhood
  849  improvement districts, the local governing body of a
  850  municipality or county may create community redevelopment
  851  neighborhood improvement districts by the enactment of a
  852  separate ordinance for each district, which ordinance:
  853         (a) Specifies the boundaries, size, and name of the
  854  district.
  855         (b) Authorizes the district to receive grants a planning
  856  grant from the department.
  857         (c) Authorizes the use of the community redevelopment trust
  858  fund created pursuant to s. 163.387 for the purposes of
  859  implementing the district’s safe neighborhood improvement plan
  860  and furthering crime prevention through community policing
  861  innovations, environmental design, environmental security, and
  862  defensible space techniques, if the expenditures from the
  863  community redevelopment trust fund are consistent with the
  864  community redevelopment plan created pursuant to s. 163.360.
  865         (d) Designates the community redevelopment board of
  866  commissioners established pursuant to s. 163.356 or s. 163.357
  867  as the board of directors for the district.
  868         (e) Establishes an advisory council to the board of
  869  directors comprised of property owners or residents of the
  870  district.
  871         (f) May prohibit the use of any district power authorized
  872  by s. 163.514.
  873         (g) Requires that the district’s safe neighborhood
  874  improvement plan be consistent with the community redevelopment
  875  plan created pursuant to s. 163.360, and permits the safe
  876  neighborhood improvement plan to be included in the community
  877  redevelopment plan as an optional element.
  878         (h) Requires that the boundaries of the community
  879  redevelopment district be contained in whole within the
  880  community redevelopment area established pursuant to ss. 163.355
  881  and 163.356.
  882         (i) Requires the district to notify the Department of Legal
  883  Affairs and the Department of Economic Opportunity Community
  884  Affairs in writing of its establishment within 30 days thereof
  885  pursuant to s. 163.5055.
  886         (2) The advisory council shall perform such duties as may
  887  be prescribed by the community redevelopment board established
  888  pursuant to s. 163.356 and shall submit within the time period
  889  specified by the board of directors a report on the district’s
  890  activities and a proposed budget to accomplish its objectives.
  891  In formulating a plan for services or improvements, the advisory
  892  council shall consult in public session with the appropriate
  893  staff or consultants of the community redevelopment board
  894  responsible for the district’s plan.
  895         (3) A district may be dissolved by the local governing body
  896  by rescinding the ordinance creating the district. The governing
  897  body may rescind shall consider rescinding the ordinance if
  898  presented with a petition containing the signatures of 60
  899  percent of the residents of a district.
  900         Section 16. Section 163.513, Florida Statutes, is repealed.
  901         Section 17. Section 163.514, Florida Statutes, is amended
  902  to read:
  903         163.514 Powers of neighborhood improvement districts.
  904  Unless prohibited by ordinance, the board of any district is
  905  shall be empowered to:
  906         (1) Enter into contracts and agreements and sue and be sued
  907  as a body corporate.
  908         (2) Have and use a corporate seal.
  909         (3) Acquire, own, convey, or otherwise dispose of, lease as
  910  lessor or lessee, construct, maintain, improve, enlarge, raze,
  911  relocate, operate, and manage property and facilities of
  912  whatever type to which it holds title and grant and acquire
  913  licenses, easements, and options with respect thereto.
  914         (4) Accept grants and donations of any type of property,
  915  labor, or other thing of value from any public or private
  916  source.
  917         (5) Have exclusive control of funds legally available to
  918  it, subject to limitations imposed by law or by any agreement
  919  validly entered into by it.
  920         (6) Cooperate and contract with other governmental agencies
  921  or other public bodies.
  922         (7) Contract for services of planners, engineers,
  923  attorneys, and other planning consultants, experts on crime
  924  prevention through community policing innovations, environmental
  925  design, environmental security, or defensible space, or other
  926  experts in areas pertaining to the operations of the board of
  927  directors or the district.
  928         (8) Contract with the county or municipal government for
  929  planning assistance, legal advice, and for increased levels of
  930  law enforcement protection and security, including additional
  931  personnel.
  932         (9) Promote and advertise the commercial advantages of the
  933  district so as to attract new businesses and encourage the
  934  expansion of existing businesses.
  935         (10) Promote and advertise the district to the public and
  936  engage in cooperative advertising programs with businesses
  937  located in the district.
  938         (11) Improve, plan, design, construct, operate, provide,
  939  and maintain street lighting, parks, streets, drainage,
  940  utilities, swales, parking facilities, transit facilities,
  941  landscaping, and open areas, and provide safe access to mass
  942  transportation facilities in the district.
  943         (12) Undertake innovative approaches to securing
  944  neighborhoods from crime, such as crime prevention through
  945  community policing innovations, environmental design,
  946  environmental security, and defensible space.
  947         (13) Privatize, close, vacate, plan, or replan streets,
  948  roads, sidewalks, and alleys, subject to the concurrence of the
  949  local governing body and, if required, the state Department of
  950  Transportation.
  951         (14) Prepare, adopt, implement, and modify a safe
  952  neighborhood improvement plan for the district.
  953         (15) Identify areas with blighted influences, including,
  954  but not limited to, areas where unlawful urban dumping or
  955  graffiti are prevalent, and develop programs for eradication
  956  thereof.
  957         (16)(a) Subject to referendum approval, and for residential
  958  local government, special, community redevelopment, and property
  959  owners’ association neighborhood improvement districts only,
  960  make and collect special assessments pursuant to ss. 197.3632
  961  and 197.3635 to pay for improvements to the district and for
  962  reasonable expenses of operating the district, including the
  963  payment of expenses included in the district’s budget, subject
  964  to an affirmative vote by a majority of the registered voters
  965  residing in the district. Such assessments shall not exceed $500
  966  for each individual parcel of land per year. Notwithstanding the
  967  provisions of s. 101.6102, the referendum to approve the special
  968  assessment shall be by mail ballot.
  969         (b) In order to implement this subsection, the city clerk
  970  or the supervisor of elections, whichever is appropriate, shall
  971  compile a list of the names and last known addresses of the
  972  electors in the neighborhood improvement district from the list
  973  of registered voters of the county as of the last day of the
  974  preceding month. The same shall constitute the registration list
  975  for the purposes of a referendum. Within 45 days after
  976  compilation of the voter registration list, the city clerk or
  977  the supervisor of elections shall notify each elector of the
  978  general provisions of this section, including the taxing
  979  authority and the date of the upcoming referendum. Notification
  980  shall be by United States mail and, in addition thereto, by
  981  publication one time in a newspaper of general circulation in
  982  the county or municipality in which the district is located.
  983         (c) Any resident of the district whose name does not appear
  984  on the list compiled pursuant to paragraph (b) may register to
  985  vote as provided by law. The registration list shall remain open
  986  for 75 days after the notification required in paragraph (b).
  987         (d) Within 15 days after the closing of registration, the
  988  city clerk or the supervisor of elections shall send a ballot to
  989  each elector at his or her last known mailing address by first
  990  class United States mail. The ballot shall include:
  991         1. A description of the general provisions of this section
  992  applicable to the neighborhood improvement district; and
  993         2. Immediately following said information, the following:
  994  
  995         “Do you favor the imposition of a special assessment of not
  996  greater than $500 for each individual parcel of land per year to
  997  pay for the expenses of operating the neighborhood improvement
  998  district?
  999  
 1000         ....Yes, for the special assessment.
 1001  
 1002         ....No, against the special assessment.”
 1003  
 1004         (e) Ballots shall be returned by United States mail or by
 1005  personal delivery.
 1006         (f) All ballots received within 60 days after the closing
 1007  of registration shall be tabulated by the city clerk or the
 1008  supervisor of elections, who shall certify the results thereof
 1009  to the city governing body or county commission no later than 5
 1010  days after said 60-day period.
 1011         (17) Exercise all lawful powers incidental to the effective
 1012  and expedient exercise of the foregoing powers.
 1013         Section 18. Subsections (3) and (4) of section 163.5151,
 1014  Florida Statutes, are amended to read:
 1015         163.5151 Fiscal management; budget preparation.—
 1016         (3) Each local government and special neighborhood
 1017  improvement district levying an ad valorem tax on real or
 1018  personal property shall establish its budget pursuant to the
 1019  provisions of chapter 200. Before adopting Prior to adoption of
 1020  the final budget and setting of the millage rate to be levied by
 1021  the board, the board shall submit a tentative budget and
 1022  proposed millage rate of the district to the governing body of
 1023  the municipality in which the district is located, or to the
 1024  county if the district is located in the unincorporated portion
 1025  of the county, for approval or disapproval. Such governing body
 1026  shall have the power to modify the budget or millage submitted
 1027  by the board. Subsequent to approval, the board shall adopt its
 1028  final budget and millage rate in accordance with the
 1029  requirements of chapter 200.
 1030         (4) At the option of the county property appraiser for the
 1031  county within which the neighborhood improvement district is
 1032  located, the assessments levied by the district may shall be
 1033  collected in the same manner as all ad valorem taxes if so
 1034  requested by the local governing body pursuant to s. 197.363.
 1035         Section 19. Section 163.516, Florida Statutes, is amended
 1036  to read:
 1037         163.516 Safe Neighborhood improvement plans.—
 1038         (1) A safe neighborhood improvement plan is mandated for
 1039  all neighborhood improvement districts. The plan must shall
 1040  contain at least the following elements:
 1041         (a) Demographics of the district.
 1042         (b) Crime activity data and analysis.
 1043         (b)(c) Land use, zoning, housing, and traffic analysis.
 1044         (d) Determination of the problems of the crime-to
 1045  environment relationship and the stability of the neighborhood
 1046  improvement district.
 1047         (c)(e) Statement of the district’s goal and objectives.
 1048         (f) Assessment of crime prevention through community
 1049  policing innovations, environmental design, environmental
 1050  security, and defensible space strategies and tactics that will
 1051  be applied to the crime-to-environment relationship problems.
 1052         (g) Cost estimates and the methods of financing.
 1053         (h) Outline of program participants and their functions and
 1054  responsibilities.
 1055         (i) Schedule for executing program activities.
 1056         (j) Evaluation guidelines.
 1057         (2) Every safe neighborhood improvement plan must shall
 1058  show, by diagram and by general explanation:
 1059         (a) Such property as is intended for use as public parks,
 1060  recreation areas, streets, public utilities, and public
 1061  improvements of any nature.
 1062         (b) Specific identification of any publicly funded capital
 1063  improvement projects to be undertaken within the district.
 1064         (c) Adequate assurances that the improvements will be
 1065  carried out pursuant to the plan.
 1066         (d) Provision for the retention of controls and the
 1067  establishment of any restrictions or covenants running with land
 1068  sold or leased for private use for such periods of time and
 1069  under such conditions as the governing body of the municipality
 1070  in which the district is located, or the county if the district
 1071  is located in the unincorporated portion of the county, deems
 1072  necessary to effectuate the purposes of this part.
 1073         (c)(e) Projected costs of improvements, including the
 1074  amount to be expended on publicly funded capital improvement
 1075  projects in the district and any indebtedness of the district,
 1076  the county, or the municipality proposed to be incurred if such
 1077  indebtedness is to be repaid with district revenues.
 1078         (f) Promotion of advertising programs to be undertaken by
 1079  the district or in conjunction with businesses in the district.
 1080         (g) Suggested physical improvements necessary for the
 1081  safety of residents in or visitors to the district.
 1082         (h) Law enforcement and security plans for the district.
 1083         (3) The safe neighborhood improvement plan must shall:
 1084         (a) Be consistent with the adopted comprehensive plan for
 1085  the county or municipality pursuant to the Community Planning
 1086  Act. No district plan shall be implemented unless the local
 1087  governing body has determined said plan is consistent.
 1088         (b) Be sufficiently complete to indicate such land
 1089  acquisition, demolition and removal of structures, street
 1090  modifications, redevelopment, and rehabilitation as may be
 1091  proposed to be carried out in the district.
 1092         (c) Provide some method for and measurement of the
 1093  reduction of crime within the district.
 1094         (4) The county, municipality, or district may prepare or
 1095  cause to be prepared a safe neighborhood improvement plan, or
 1096  any person or agency, public or private, may submit such a plan
 1097  to a district. Prior to its consideration of a safe neighborhood
 1098  improvement plan, the district shall submit such plan to the
 1099  local governing body for review and written approval as to its
 1100  consistency with the local government comprehensive plan. The
 1101  district must be notified of approval or disapproval within 60
 1102  days after receipt of the plan for review, and a revised version
 1103  of the plan may be submitted to satisfy any inconsistencies. The
 1104  district may not proceed with the safe neighborhood improvement
 1105  plan until final approval is given by the local governing body.
 1106         (4)(5) Prior to adoption of the safe neighborhood
 1107  improvement plan, the board shall hold a public hearing on the
 1108  plan after public notice thereof by publication in a newspaper
 1109  of general circulation in the county or municipality in which
 1110  the district is located. The notice shall describe the time,
 1111  date, place, and purpose of the hearing; identify the boundaries
 1112  of the district; and outline the general scope of the plan.
 1113         (5)(6) The board, after the public hearing, may approve the
 1114  safe neighborhood improvement plan if it finds:
 1115         (a) The plan has been approved as consistent with the local
 1116  comprehensive plan by the local governing body; and
 1117         (b) The plan will improve the promotion, appearance,
 1118  safety, security, and public amenities of the neighborhood
 1119  improvement district as stipulated in s. 163.502.
 1120         (6)(7) If, at any time after approval of the safe
 1121  neighborhood improvement plan, it becomes desirable to amend or
 1122  modify the plan, the board may do so. Prior to any such
 1123  amendment or modification, the board shall obtain written
 1124  approval of the local governing body concerning conformity to
 1125  the local government comprehensive plan and hold a public
 1126  hearing on the proposed amendment or modification after public
 1127  notice thereof by publication in a newspaper of general
 1128  circulation in the county or municipality in which the district
 1129  is located. The notice shall describe the time, place, and
 1130  purpose of the hearing and generally describe the proposed
 1131  amendment or modification.
 1132         (8) Pursuant to s. 163.3184, the governing body of a
 1133  municipality or county shall hold two public hearings to
 1134  consider the board-adopted safe neighborhood improvement plan as
 1135  an amendment or modification to the municipality’s or county’s
 1136  adopted local comprehensive plan.
 1137         (9) A safe neighborhood improvement plan for each district
 1138  shall be prepared and adopted by the municipality or county
 1139  prior to the levy and expenditure of any of the proceeds of any
 1140  tax assessment or fee authorized to such districts other than
 1141  for the preparation of the safe community or business
 1142  improvement plan.
 1143         Section 20. Section 163.517, Florida Statutes, is repealed.
 1144         Section 21. Section 163.519, Florida Statutes, is repealed.
 1145         Section 22. Section 163.521, Florida Statutes, is repealed.
 1146         Section 23. Section 163.5215, Florida Statutes, is
 1147  repealed.
 1148         Section 24. Section 163.522, Florida Statutes, is repealed.
 1149         Section 25. Section 163.523, Florida Statutes, is repealed.
 1150         Section 26. Section 163.524, Florida Statutes, is repealed.
 1151         Section 27. Section 163.526, Florida Statutes, is repealed.
 1152         Section 28. Paragraph (c) of subsection (1) of section
 1153  376.84, Florida Statutes, is amended to read:
 1154         376.84 Brownfield redevelopment economic incentives.—It is
 1155  the intent of the Legislature that brownfield redevelopment
 1156  activities be viewed as opportunities to significantly improve
 1157  the utilization, general condition, and appearance of these
 1158  sites. Different standards than those in place for new
 1159  development, as allowed under current state and local laws,
 1160  should be used to the fullest extent to encourage the
 1161  redevelopment of a brownfield. State and local governments are
 1162  encouraged to offer redevelopment incentives for this purpose,
 1163  as an ongoing public investment in infrastructure and services,
 1164  to help eliminate the public health and environmental hazards,
 1165  and to promote the creation of jobs in these areas. Such
 1166  incentives may include financial, regulatory, and technical
 1167  assistance to persons and businesses involved in the
 1168  redevelopment of the brownfield pursuant to this act.
 1169         (1) Financial incentives and local incentives for
 1170  redevelopment may include, but not be limited to:
 1171         (c) Safe Neighborhood improvement districts as provided in
 1172  part IV of chapter 163 ss. 163.501-163.523.
 1173         Section 29. Subsection (2) of section 775.083, Florida
 1174  Statutes, is amended to read:
 1175         775.083 Fines.—
 1176         (2) In addition to the fines set forth in subsection (1),
 1177  court costs shall be assessed and collected in each instance a
 1178  defendant pleads nolo contendere to, or is convicted of, or
 1179  adjudicated delinquent for, a felony, a misdemeanor, or a
 1180  criminal traffic offense under state law, or a violation of any
 1181  municipal or county ordinance if the violation constitutes a
 1182  misdemeanor under state law. The court costs imposed by this
 1183  section shall be $50 for a felony and $20 for any other offense
 1184  and shall be deposited by the clerk of the court into an
 1185  appropriate county account for disbursement for the purposes
 1186  provided in this subsection. A county shall account for the
 1187  funds separately from other county funds as crime prevention
 1188  funds. The county, in consultation with the sheriff, must expend
 1189  such funds for crime prevention programs in the county,
 1190  including safe neighborhood improvement programs under part IV
 1191  of chapter 163 ss. 163.501-163.523.
 1192         Section 30. Paragraphs (a) and (c) of subsection (5) of
 1193  section 932.7055, Florida Statutes, are amended to read:
 1194         932.7055 Disposition of liens and forfeited property.—
 1195         (5)(a) If the seizing agency is a county or municipal
 1196  agency, the remaining proceeds shall be deposited in a special
 1197  law enforcement trust fund established by the board of county
 1198  commissioners or the governing body of the municipality. Such
 1199  proceeds and interest earned therefrom shall be used for school
 1200  resource officer, crime prevention, safe neighborhood
 1201  improvement, drug abuse education and prevention programs, or
 1202  for other law enforcement purposes, which include defraying the
 1203  cost of protracted or complex investigations, providing
 1204  additional equipment or expertise, purchasing automated external
 1205  defibrillators for use in law enforcement vehicles, and
 1206  providing matching funds to obtain federal grants. The proceeds
 1207  and interest may not be used to meet normal operating expenses
 1208  of the law enforcement agency.
 1209         (c) An agency or organization, other than the seizing
 1210  agency, that wishes to receive such funds shall apply to the
 1211  sheriff or chief of police for an appropriation and its
 1212  application shall be accompanied by a written certification that
 1213  the moneys will be used for an authorized purpose. Such requests
 1214  for expenditures shall include a statement describing
 1215  anticipated recurring costs for the agency for subsequent fiscal
 1216  years. An agency or organization that receives money pursuant to
 1217  this subsection shall provide an accounting for such moneys and
 1218  shall furnish the same reports as an agency of the county or
 1219  municipality that receives public funds. Such funds may be
 1220  expended in accordance with the following procedures:
 1221         1. Such funds may be used only for school resource officer,
 1222  crime prevention, safe neighborhood improvement, drug abuse
 1223  education, or drug prevention programs or such other law
 1224  enforcement purposes as the board of county commissioners or
 1225  governing body of the municipality deems appropriate.
 1226         2. Such funds shall not be a source of revenue to meet
 1227  normal operating needs of the law enforcement agency.
 1228         3. After July 1, 1992, and during every fiscal year
 1229  thereafter, any local law enforcement agency that acquires at
 1230  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1231  within a fiscal year must expend or donate no less than 15
 1232  percent of such proceeds for the support or operation of any
 1233  drug treatment, drug abuse education, drug prevention, crime
 1234  prevention, safe neighborhood improvement, or school resource
 1235  officer program program(s). The local law enforcement agency has
 1236  the discretion to determine which program or programs program(s)
 1237  will receive the designated proceeds.
 1238  
 1239  Notwithstanding the drug abuse education, drug treatment, drug
 1240  prevention, crime prevention, safe neighborhood improvement, or
 1241  school resource officer minimum expenditures or donations, the
 1242  sheriff and the board of county commissioners or the chief of
 1243  police and the governing body of the municipality may agree to
 1244  expend or donate such funds over a period of years if the
 1245  expenditure or donation of such minimum amount in any given
 1246  fiscal year would exceed the needs of the county or municipality
 1247  for such program or programs program(s). Nothing in this section
 1248  precludes the expenditure or donation of forfeiture proceeds in
 1249  excess of the minimum amounts established herein.
 1250         Section 31. This act shall take effect July 1, 2012.