Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 564
       
       
       
       
       
                                Barcode 488382                          
       
       576-03632-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    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         deleting provisions relating 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 provide the Department of Economic Opportunity with
   20         certain information; requiring a local governing body
   21         to notify the department of a dissolution of a
   22         district; deleting an obsolete provision; amending s.
   23         163.506, F.S.; revising provisions authorizing a local
   24         governing body to create a residential or commercial
   25         local government neighborhood improvement district by
   26         the enactment of an ordinance; revising the
   27         requirements of the ordinance; specifying that the
   28         ordinance may authorize residential or commercial
   29         local government neighborhood improvement districts to
   30         borrow money, contract loans, and issue bonds or other
   31         evidence of indebtedness; authorizing the governing
   32         body of the improvement district to levy ad valorem
   33         taxes upon real and tangible personal property within
   34         the district; authorizing a commercial local
   35         government neighborhood improvement district to make
   36         and collect special assessments; conditioning the
   37         exercise of certain powers by a residential local
   38         government neighborhood improvement district on
   39         approval by the local governing body and a referendum;
   40         conditioning the exercise of power by a commercial
   41         local government neighborhood improvement district to
   42         borrow money; contract loans; issue bonds; charge,
   43         collect, and enforce fees; make and collect special
   44         assessments; and levy ad valorem taxes upon real and
   45         tangible personal property within the district upon
   46         the approval of a referendum by the freeholders of the
   47         district; providing ballot requirements; removing
   48         provisions allowing an alternative organization for
   49         the board of directors; revising requirements for
   50         dissolving a district; amending s. 163.508, F.S.,
   51         relating to property owners’ association neighborhood
   52         improvement districts; revising the requirements for
   53         creating a property owners’ association neighborhood
   54         improvement district by the enactment of a separate
   55         ordinance for each district; authorizing the governing
   56         body to request grants; requiring that the property
   57         owners form an association or use an existing property
   58         owners’ association that is a not-for-profit
   59         corporation; amending s. 163.511, F.S., relating to
   60         special neighborhood improvement districts; revising
   61         provisions to conform to changes made by the act;
   62         revising the method of appointing and removing
   63         directors of the district; amending s. 163.512, F.S.;
   64         revising provisions authorizing a municipality or
   65         county to create a community redevelopment
   66         neighborhood improvement district; authorizing the
   67         district to receive grants and other funding;
   68         providing that the local governing body may dissolve
   69         the district under certain circumstances; repealing s.
   70         163.513, F.S., relating to crime prevention through
   71         community policing innovations; amending s. 163.514,
   72         F.S.; revising the powers of the board of a
   73         neighborhood improvement district; authorizing the
   74         district to contract for services in areas pertaining
   75         to the operations of the board or the district;
   76         authorizing the district to improve, plan, design,
   77         construct, operate, provide, and maintain certain
   78         facilities; authorizing a district, except for a
   79         commercial local government neighborhood improvement
   80         district, to collect special assessments under certain
   81         circumstances and following implementation of
   82         designated procedures; amending s. 163.5151, F.S.;
   83         requiring a local government and a special
   84         neighborhood improvement district levying an ad
   85         valorem tax on real or personal property to prepare a
   86         budget in a specified manner; amending s. 163.516,
   87         F.S.; requiring that neighborhood improvement plans be
   88         created for each improvement district; revising the
   89         contents of the neighborhood improvement plan;
   90         conforming provisions to changes made by the act;
   91         repealing s. 163.517, F.S., relating to the Safe
   92         Neighborhoods Program; repealing s. 163.519, F.S.,
   93         relating to the duties of the Department of Legal
   94         Affairs relating to neighborhood improvement
   95         districts; repealing s. 163.521, F.S., relating to
   96         funding for a neighborhood improvement district inside
   97         an enterprise zone; repealing s. 163.5215, F.S.,
   98         relating to the effect and construction of existing
   99         laws relating to neighborhood improvement districts;
  100         repealing s. 163.522, F.S., relating to state
  101         redevelopment programs; repealing s. 163.523, F.S.,
  102         relating to cooperation and involvement of community
  103         organizations in the creation of safe neighborhood
  104         improvement districts; amending s. 163.524, F.S.;
  105         limiting application of provisions governing
  106         Neighborhood Preservation and Enhancement District and
  107         Neighborhood Council to those districts and councils
  108         that are active on or before a specified date;
  109         prohibiting a new Neighborhood Preservation and
  110         Enhancement District and Neighborhood Councils from
  111         being created after a specified date; amending ss.
  112         163.526, 376.84, 775.083, and 932.7055, F.S.;
  113         conforming provisions to changes made by the act;
  114         providing an effective date.
  115  
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (d) of subsection (2) of section
  119  163.2511, Florida Statutes, is amended to read:
  120         163.2511 Urban infill and redevelopment.—
  121         (2) It is declared that:
  122         (d) State urban policies should guide the state, regional
  123  agencies, local governments, and the private sector in
  124  preserving and redeveloping existing urban cores and promoting
  125  the adequate provision of infrastructure, human services,
  126  neighborhood improvement safe neighborhoods, educational
  127  facilities, and economic development to sustain these cores into
  128  the future.
  129         Section 2. Paragraph (c) of subsection (3) of section
  130  163.2517, Florida Statutes, is amended to read:
  131         163.2517 Designation of urban infill and redevelopment
  132  area.—
  133         (3) A local government seeking to designate a geographic
  134  area within its jurisdiction as an urban infill and
  135  redevelopment area shall prepare a plan that describes the
  136  infill and redevelopment objectives of the local government
  137  within the proposed area. In lieu of preparing a new plan, the
  138  local government may demonstrate that an existing plan or
  139  combination of plans associated with a community redevelopment
  140  area, Florida Main Street program, Front Porch Florida
  141  Community, sustainable community, enterprise zone, or
  142  neighborhood improvement district includes the factors listed in
  143  paragraphs (a)-(n), including a collaborative and holistic
  144  community participation process, or amend such existing plans to
  145  include these factors. The plan shall demonstrate the local
  146  government and community’s commitment to comprehensively address
  147  the urban problems within the urban infill and redevelopment
  148  area and identify activities and programs to accomplish locally
  149  identified goals such as code enforcement; improved educational
  150  opportunities; reduction in crime; neighborhood revitalization
  151  and preservation; provision of infrastructure needs, including
  152  mass transit and multimodal linkages; and mixed-use planning to
  153  promote multifunctional redevelopment to improve both the
  154  residential and commercial quality of life in the area. The plan
  155  shall also:
  156         (c) Identify and map existing enterprise zones, community
  157  redevelopment areas, community development corporations,
  158  brownfield areas, downtown redevelopment districts, safe
  159  neighborhood improvement districts, historic preservation
  160  districts, and empowerment zones or enterprise communities
  161  located within the area proposed for designation as an urban
  162  infill and redevelopment area and provide a framework for
  163  coordinating infill and redevelopment programs within the urban
  164  core.
  165         Section 3. Paragraph (a) of subsection (6) of section
  166  163.3182, Florida Statutes, is amended to read:
  167         163.3182 Transportation deficiencies.—
  168         (6) EXEMPTIONS.—
  169         (a) The following public bodies or taxing authorities are
  170  exempt from this section:
  171         1. A special district that levies ad valorem taxes on
  172  taxable real property in more than one county.
  173         2. A special district for which the sole available source
  174  of revenue is the authority to levy ad valorem taxes at the time
  175  an ordinance is adopted under this section. However, revenue
  176  revenues or aid that may be dispensed or appropriated to a
  177  district as defined in s. 388.011 at the discretion of an entity
  178  other than such district is are not deemed available.
  179         3. A library district.
  180         4. A neighborhood improvement district created under the
  181  Safe Neighborhoods Improvement Act.
  182         5. A metropolitan transportation authority.
  183         6. A water management district created under s. 373.069.
  184         7. A community redevelopment agency.
  185         Section 4. Subsection (2) of section 163.3246, Florida
  186  Statutes, is amended to read:
  187         163.3246 Local government comprehensive planning
  188  certification program.—
  189         (2) In order to be eligible for certification under the
  190  program, the local government must:
  191         (a) Demonstrate a record of effectively adopting,
  192  implementing, and enforcing its comprehensive plan;
  193         (b) Demonstrate technical, financial, and administrative
  194  expertise to implement the provisions of this part without state
  195  oversight;
  196         (c) Obtain comments from the state and regional review
  197  agencies regarding the appropriateness of the proposed
  198  certification;
  199         (d) Hold at least one public hearing soliciting public
  200  input concerning the local government’s proposal for
  201  certification; and
  202         (e) Demonstrate that it has adopted programs in its local
  203  comprehensive plan and land development regulations which:
  204         1. Promote infill development and redevelopment, including
  205  prioritized and timely permitting processes in which
  206  applications for local development permits within the
  207  certification area are acted upon expeditiously for proposed
  208  development that is consistent with the local comprehensive
  209  plan.
  210         2. Promote the development of housing for low-income and
  211  very-low-income households or specialized housing to assist
  212  elderly and disabled persons to remain at home or in independent
  213  living arrangements.
  214         3. Achieve effective intergovernmental coordination and
  215  address the extrajurisdictional effects of development within
  216  the certified area.
  217         4. Promote economic diversity and growth while encouraging
  218  the retention of rural character, where rural areas exist, and
  219  the protection and restoration of the environment.
  220         5. Provide and maintain public urban and rural open space
  221  and recreational opportunities.
  222         6. Manage transportation and land uses to support public
  223  transit and promote opportunities for pedestrian and
  224  nonmotorized transportation.
  225         7. Use design principles to foster individual community
  226  identity, create a sense of place, and promote pedestrian
  227  oriented safe neighborhoods and town centers.
  228         8. Redevelop blighted areas.
  229         9. Adopt a local mitigation strategy and have programs to
  230  improve disaster preparedness and the ability to protect lives
  231  and property, especially in coastal high-hazard areas.
  232         10. Encourage clustered, mixed-use development that
  233  incorporates greenspace and residential development within
  234  walking distance of commercial development.
  235         11. Encourage urban infill at appropriate densities and
  236  intensities and separate urban and rural uses and discourage
  237  urban sprawl while preserving public open space and planning for
  238  buffer-type land uses and rural development consistent with
  239  their respective character along and outside the certification
  240  area.
  241         12. Ensure Assure protection of key natural areas and
  242  agricultural lands that are identified using state and local
  243  inventories of natural areas. Key natural areas include, but are
  244  not limited to:
  245         a. Wildlife corridors.
  246         b. Lands with high native biological diversity, important
  247  areas for threatened and endangered species, species of special
  248  concern, migratory bird habitat, and intact natural communities.
  249         c. Significant surface waters and springs, aquatic
  250  preserves, wetlands, and outstanding Florida waters.
  251         d. Water resources suitable for preservation of natural
  252  systems and for water resource development.
  253         e. Representative and rare native Florida natural systems.
  254         13. Ensure the cost-efficient provision of public
  255  infrastructure and services.
  256         Section 5. Paragraph (c) of subsection (2) of section
  257  163.387, Florida Statutes, is amended to read:
  258         163.387 Redevelopment trust fund.—
  259         (2)
  260         (c) The following public bodies or taxing authorities are
  261  exempt from paragraph (a):
  262         1. A special district that levies ad valorem taxes on
  263  taxable real property in more than one county.
  264         2. A special district for which the sole available source
  265  of revenue the district has the authority to levy is ad valorem
  266  taxes at the time an ordinance is adopted under this section.
  267  However, revenue revenues or aid that may be dispensed or
  268  appropriated to a district as defined in s. 388.011 at the
  269  discretion of an entity other than such district is shall not be
  270  deemed available.
  271         3. A library district, except a library district in a
  272  jurisdiction where the community redevelopment agency had
  273  validated bonds as of April 30, 1984.
  274         4. A neighborhood improvement district created under the
  275  Safe Neighborhoods Improvement Act.
  276         5. A metropolitan transportation authority.
  277         6. A water management district created under s. 373.069.
  278         Section 6. Section 163.501, Florida Statutes, is amended to
  279  read:
  280         163.501 Short title.—This part may be cited as the “Safe
  281  Neighborhoods Improvement Act.”
  282         Section 7. Section 163.502, Florida Statutes, is amended to
  283  read:
  284         163.502 Safe Neighborhoods improvement; legislative
  285  findings and purpose.—
  286         (1) The Legislature hereby finds and declares that among
  287  the many causes of deterioration in the business and residential
  288  neighborhoods of the state are the following: proliferation of
  289  crime, automobile traffic flow strangled by outmoded street
  290  patterns, unsuitable topography, faulty lot layouts,
  291  fragmentation of land uses and parking areas necessitating
  292  frequent automobile movement, lack of separation of pedestrian
  293  areas from automobile traffic, lack of separation of vehicle
  294  traffic lanes and railroad traffic, and excessive noise levels
  295  from automobile traffic, and lack of adequate public
  296  improvements, such as streets, street lights, street furniture,
  297  street landscaping, sidewalks, traffic signals, way-finding
  298  signs, mass transit, stormwater systems, and other public
  299  utilities and improvements.
  300         (2) The Legislature further finds and declares that healthy
  301  and vibrant safe neighborhoods are the product of planning and
  302  implementation of appropriate environmental design concepts,
  303  comprehensive planning crime prevention programs, land use
  304  recommendations, and beautification techniques.
  305         (3) The Legislature further finds and declares that the
  306  provisions of this part and the powers granted to local
  307  governments, property owners’ associations, special dependent
  308  districts, and community redevelopment neighborhood improvement
  309  districts are desirable to guide and accomplish the coordinated,
  310  balanced, and harmonious development of healthy and vibrant safe
  311  neighborhoods; to promote the health, safety, and general
  312  welfare of these areas and their inhabitants, visitors, property
  313  owners, and workers; to establish, maintain, and preserve
  314  property values and preserve and foster the development of
  315  attractive neighborhood and business environments; to prevent
  316  overcrowding and congestion; and to improve or redirect
  317  automobile traffic and provide pedestrian safety; to reduce
  318  crime rates and the opportunities for the commission of crime;
  319  and to provide improvements in neighborhoods so they are
  320  defensible against crime.
  321         (4) It is the intent of the Legislature to assist local
  322  governments in implementing plans that improve the employ crime
  323  prevention through community policing innovations, environmental
  324  design, environmental security, and defensible space techniques
  325  to establish safe neighborhoods of this state. The Legislature,
  326  therefore, declares that the development, redevelopment,
  327  preservation, and revitalization of neighborhoods in this state,
  328  and all the purposes of this part, are public purposes for which
  329  public money may be borrowed, expended, loaned, and granted.
  330         Section 8. Section 163.503, Florida Statutes, is amended to
  331  read:
  332         163.503 Safe neighborhoods; Definitions.—
  333         (1) “Safe Neighborhood improvement district,or
  334  “district,or “neighborhood improvement district” means a
  335  district located in an area in which more than 75 percent of the
  336  land is used for residential purposes, or in an area in which
  337  more than 75 percent of the land is used for commercial, office,
  338  business, or industrial purposes, excluding the land area used
  339  for public facilities, and where there may be is a plan to
  340  reduce crime through the implementation of crime prevention
  341  through environmental design, environmental security, or
  342  defensible space techniques, or through community policing
  343  innovations. Nothing in This section does not shall preclude the
  344  inclusion of public land in a neighborhood improvement district
  345  although the amount of land used for public facilities is
  346  excluded from the land use acreage calculations.
  347         (2) “Association” means a property owners’ association that
  348  which is incorporated for the purpose of creating and operating
  349  a neighborhood improvement district.
  350         (3) “Department” means the Department of Economic
  351  Opportunity Legal Affairs.
  352         (4) “Board” means the board of directors of a neighborhood
  353  improvement district, which may be the governing body of a
  354  municipality or county or the officers of a property owners’
  355  association or the board of directors of a special neighborhood
  356  improvement district or community redevelopment neighborhood
  357  improvement district.
  358         (5) “Environmental security” means an urban planning and
  359  design process which integrates crime prevention with
  360  neighborhood design and community development.
  361         (6) “Crime prevention through environmental design” means
  362  the planned use of environmental design concepts such as natural
  363  access control, natural surveillance, and territorial
  364  reinforcement in a neighborhood or community setting which is
  365  designed to reduce criminal opportunity and foster positive
  366  social interaction among the legitimate users of that setting.
  367         (7) “Defensible space” means an architectural perspective
  368  on crime prevention through physical design of the environment
  369  to create the ability to monitor and control the environment
  370  along individual perceived zones of territorial influence that
  371  result in a proprietary interest and a felt responsibility.
  372         (8) “Enterprise zone” means an area designated pursuant to
  373  s. 290.0065.
  374         (8)(9) “Community policing innovation” means techniques or
  375  strategies as defined by s. 163.340.
  376         (9) “Local governing body” means the governing body of the
  377  municipality or county that creates a neighborhood improvement
  378  district.
  379         Section 9. Section 163.5035, Florida Statutes, is amended
  380  to read:
  381         163.5035 Safe Neighborhood improvement districts;
  382  compliance with special district provisions.—Any special
  383  district created pursuant to this part shall comply with all
  384  applicable provisions contained in chapter 189. In cases where a
  385  provision contained in this part conflicts with a provision in
  386  chapter 189, the provision in chapter 189 shall prevail.
  387         Section 10. Section 163.504, Florida Statutes, is amended
  388  to read:
  389         163.504 Safe Neighborhood improvement districts; planning
  390  funds.—
  391         (1) The governing body of any municipality or county may
  392  authorize the formation of safe neighborhood improvement
  393  districts through the adoption of an a planning ordinance that
  394  which specifies that such districts may be created by one or
  395  more of the methods established in ss. 163.506, 163.508,
  396  163.511, and 163.512. A No district may not overlap the
  397  jurisdictional boundaries of a municipality and the
  398  unincorporated area of a county, unless approved except by
  399  interlocal agreement.
  400         (2) If the governing body of a municipality or county
  401  elects to create a safe neighborhood improvement district, it
  402  shall be eligible to request a grant from the Safe Neighborhoods
  403  Program, created pursuant to s. 163.517 and administered by the
  404  Department of Legal Affairs, to prepare a safe neighborhood
  405  improvement plan for the district.
  406         (3) Municipalities and counties may implement the
  407  provisions of this section without planning funds from the
  408  Department of Legal Affairs. However, nothing in this section
  409  shall be construed to exempt any district from the requirements
  410  of providing a safe neighborhood improvement plan pursuant to s.
  411  163.516.
  412         Section 11. Section 163.5055, Florida Statutes, is amended
  413  to read:
  414         163.5055 Notice Registration of district establishment;
  415  notice of dissolution.—
  416         (1)(a) Each neighborhood improvement district that is
  417  authorized and established under this part shall, within 30 days
  418  after its establishment, provide the department thereof register
  419  with both the Department of Economic Opportunity and the
  420  Department of Legal Affairs by providing these departments with
  421  the district’s name, location, size, and type, and such other
  422  information as the department departments may request require.
  423         (2)(b) Each local governing body that authorizes the
  424  dissolution of a district shall notify both the department of
  425  Economic Opportunity and the Department of Legal Affairs within
  426  30 days after the dissolution of the district.
  427         (2) This section shall apply to all neighborhood
  428  improvement districts established on or after July 1, 1987.
  429         Section 12. Section 163.506, Florida Statutes, is amended
  430  to read:
  431         163.506 Local government neighborhood improvement
  432  districts; creation; advisory council; dissolution.—
  433         (1) After an a local planning ordinance has been adopted
  434  authorizing the creation of local government neighborhood
  435  improvement districts, the local governing body of a
  436  municipality or county may create residential or commercial
  437  local government neighborhood improvement districts by the
  438  enactment of a separate ordinance for each district, which
  439  ordinance:
  440         (a) Specifies the boundaries, size, and name of the
  441  district.
  442         (b) Authorizes the district to receive grants a planning
  443  grant from the department.
  444         (c) Authorizes the local government neighborhood
  445  improvement district to levy an ad valorem tax on real and
  446  personal property of up to 2 mills annually.
  447         (d) For residential local government neighborhood
  448  improvement districts, authorizes the district to use of special
  449  assessments imposed pursuant to s. 163.514(16) to support
  450  planning and implementation of district improvements pursuant to
  451  the provisions of s. 163.514(16), including community policing
  452  innovations.
  453         (e) Designates the local governing body as the board of
  454  directors of the district.
  455         (f) Establishes an advisory council to the board of
  456  directors comprised of property owners, representatives of
  457  property owners, business owners, or residents of the district.
  458         (g) May prohibit the use of any district power authorized
  459  by s. 163.514.
  460         (h) Requires the district to notify the department of Legal
  461  Affairs and the Department of Economic Opportunity in writing of
  462  its establishment within 30 days after establishment thereof
  463  pursuant to s. 163.5055.
  464         (i) Authorizes the district to borrow money, contract
  465  loans, and issue bonds, certificates, warrants, notes, or other
  466  evidence of indebtedness from time to time to finance the
  467  undertaking of any capital or other project for the purposes
  468  authorized by the State Constitution and this part and to pledge
  469  the funds, credit, property, and taxing power of the district
  470  for the payment of such debts and bonds.
  471         1. Bonds that are issued under this paragraph must be
  472  authorized by resolution of the board, by resolution of the
  473  local governing body, by affirmative vote of the electors of the
  474  district. Such bonds may be issued in one or more series and
  475  shall bear such date or dates; be payable upon demand or mature
  476  at such time or times; bear interest at such rate or rates; be
  477  in such denomination or denominations; be in such form,
  478  registered or not, with or without coupon; carry such conversion
  479  or registration privileges; have such rank or priority; be
  480  executed in such manner; be payable in such medium of payment,
  481  at such place or places, and subject to such terms of
  482  redemption, with or without premium; be secured in such manner;
  483  and have such other characteristics as may be provided by such
  484  resolution or trust indenture or mortgage issued pursuant
  485  thereto.
  486         2. The board shall determine the terms and manner of sale
  487  and distribution or other disposition of any bonds it issues,
  488  consistent with s. 218.385, and shall have all powers necessary
  489  for and convenient to such disposition.
  490         3. The board may establish and administer such sinking
  491  funds as it deems necessary or convenient for the payment,
  492  purchase, or redemption of any outstanding bonded indebtedness
  493  of the district.
  494         4. The board may levy ad valorem taxes upon real and
  495  tangible personal property within the district as it deems
  496  necessary to make payment, including principal and interest,
  497  upon the general obligation and ad valorem bonded indebtedness
  498  of the district or into any sinking fund created pursuant to
  499  this paragraph.
  500         5. A board has full authority for the issuance of bonds
  501  authorized under this paragraph.
  502         (j) For commercial local government neighborhood
  503  improvement districts, authorizes the district to make and
  504  collect special assessments pursuant to ss. 197.3632 and
  505  197.3635 in order to pay for capital improvements within the
  506  district and for reasonable expenses of operating the district,
  507  including the payment of expenses included in the district’s
  508  budget. Such assessments may not exceed $500 for each individual
  509  parcel of land per year.
  510         (k) Authorizes the district to charge, collect, and enforce
  511  user fees and other charges.
  512         (l) For residential local government neighborhood
  513  improvement districts, conditions the exercise of powers
  514  provided in paragraphs (d) and (i) on approval by the local
  515  governing body and a referendum as described in s. 163.514(16).
  516         (m) For commercial local government neighborhood
  517  improvement districts, conditions the exercise of the powers
  518  provided in paragraphs (i) and (j) on approval by the local
  519  governing body and a referendum as described in this paragraph:
  520         1. Within 45 days after the date the local governing body
  521  enacts an ordinance calling a referendum pursuant to this
  522  paragraph, the city clerk or the supervisor of elections,
  523  whichever is appropriate, shall certify such ordinance and
  524  compile a list of the names and last known addresses of the
  525  freeholders in the commercial local government neighborhood
  526  improvement district from the tax assessment roll of the county
  527  applicable as of December 31 in the year preceding the year in
  528  which the ordinance is enacted. Except as otherwise provided in
  529  this paragraph, the list constitutes the registration list for
  530  purposes of the freeholder referendum required under this
  531  paragraph.
  532         2. Within 45 days after compilation of the freeholder
  533  registration list pursuant to subparagraph 1., the city clerk or
  534  the supervisor of elections shall notify each such freeholder of
  535  the general provisions of this section, including the taxing
  536  authority and the date of the upcoming referendum, and the
  537  method provided for submitting corrections to the registration
  538  list if the status of the freeholder has changed since the
  539  compilation of the tax roll. Notification shall be by first
  540  class mail and, in addition, by publication one time in a
  541  newspaper of general circulation in the county or municipality
  542  in which the district is located.
  543         3. Any freeholder whose name does not appear on the
  544  registration list compiled pursuant to subparagraph 1. may
  545  register to vote with the city clerk or the supervisor of
  546  elections. The registration list must remain open for 75 days
  547  after enactment of the ordinance calling for the referendum.
  548         4. Notwithstanding s. 101.6102, within 15 days after the
  549  closing of the registration list, the city clerk or the
  550  supervisor of elections shall send a ballot by first-class mail
  551  to each registered freeholder at his or her last known mailing
  552  address. The ballot must include:
  553         a. A description of the general provisions of this section
  554  applicable to local government neighborhood improvement
  555  districts;
  556         b. The assessed value of the freeholder’s property;
  557         c. The percent of the freeholder’s interest in such
  558  property; and
  559         d. Immediately following the information required under
  560  sub-subparagraphs a.-c., the following:
  561  
  562         “Do you favor authorizing the .... Local Government
  563  Neighborhood Improvement District to levy up to 2 mills of ad
  564  valorem taxes by such proposed district?
  565  
  566         ....Yes, for authorizing the levy of up to 2 mills of ad
  567  valorem taxes by such proposed district.
  568  
  569         ....No, against authorizing the levy of up to 2 mills of ad
  570  valorem taxes by such proposed district.”
  571  
  572         “Do you favor authorizing the .... Local Government
  573  Neighborhood Improvement District to borrow money, including by
  574  issuing bonds, as provided in s. 163.506(1)(i), Florida
  575  Statutes?
  576  
  577         ....Yes, for authorizing the borrowing of money for
  578  district purposes.
  579  
  580         ....No, against authorizing the borrowing of money for
  581  district purposes.”
  582  
  583         “Do you favor authorizing the .... Local Government
  584  Neighborhood Improvement District to impose a special assessment
  585  of not greater than $500 for each individual parcel of land per
  586  year to pay for the expenses of operating the neighborhood
  587  improvement district and for approved capital improvements
  588  within the district?
  589  
  590         ....Yes, for the special assessment.
  591  
  592         ....No, against the special assessment.”
  593  
  594         5. Ballots shall be returned by first-class mail or by
  595  personal delivery.
  596         6. All ballots that are received within 120 days after
  597  enactment of the ordinance shall be tabulated by the city clerk
  598  or the supervisor of elections, who shall certify the results to
  599  the city council or county commission no later than 5 days after
  600  the 120-day period.
  601         7. The freeholders shall be deemed to have approved of the
  602  provisions of paragraph (i) at such time as the city clerk or
  603  the supervisor of elections certifies to the local governing
  604  body that approval has been given by freeholders owning in
  605  excess of 50 percent of the assessed value of the properties
  606  represented by ballots cast.
  607         8. The freeholders shall be deemed to have approved of the
  608  provisions of paragraph (j) at such time as the city clerk or
  609  the supervisor of elections certifies to the local governing
  610  body that approval has been given by freeholders owning a
  611  majority of the parcels represented by ballots cast.
  612         9. The city clerk or the supervisor of elections, whichever
  613  is appropriate, shall enclose, with each ballot that is sent to
  614  the freeholder pursuant to this paragraph, two envelopes: a
  615  secrecy envelope, into which the freeholder shall enclose the
  616  marked ballot; and a mailing envelope, into which the freeholder
  617  shall place the secrecy envelope, which shall be addressed to
  618  the city clerk or the supervisor of elections. The back side of
  619  the mailing envelope shall bear a certificate in substantially
  620  the following form:
  621  
  622   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  623                 AND COMPLETING VOTER’S CERTIFICATE.               
  624  
  625                         VOTER’S CERTIFICATE                       
  626  
  627         I, ...., am a duly qualified and registered freeholder of
  628  the proposed ...(name)... Local Government Neighborhood
  629  Improvement District, and I am entitled to vote this ballot. I
  630  do solemnly swear or affirm that I have not and will not vote
  631  more than one ballot in this election. I understand that failure
  632  to sign this certificate and have my signature witnessed will
  633  invalidate my ballot.
  634  
  635         ...(Voter’s Signature)...
  636  
  637         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  638  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  639  
  640         I swear or affirm that the elector signed this voter’s
  641  certificate in my presence.
  642  
  643         ...(Signature of Witness)...
  644         ...(Address)...(City/State)...
  645  
  646         10. The certificate shall be arranged on the back of the
  647  mailing envelope so that the lines for the signatures of the
  648  freeholder and the attesting witness are across the seal of the
  649  envelope; however, no statement shall appear on the envelope
  650  which indicates that a signature of the freeholder or witness
  651  must cross the seal of the envelope. The freeholder and the
  652  attesting witness shall execute the certificate on the envelope.
  653         11. The city clerk or the supervisor of elections shall
  654  enclose with each ballot sent to a freeholder pursuant to this
  655  paragraph separate printed instructions in substantially the
  656  following form:
  657  
  658      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  659  
  660         a. VERY IMPORTANT. In order to ensure that your ballot will
  661  be counted, it should be completed and returned as soon as
  662  possible so that it can reach the city clerk or the supervisor
  663  of elections no later than 7 p.m. on the (final day of the 120
  664  day period given here).
  665         b. Mark your ballot in secret as instructed on the ballot.
  666         c. Place your marked ballot in the enclosed secrecy
  667  envelope.
  668         d. Insert the secrecy envelope into the enclosed mailing
  669  envelope, which is addressed to the city clerk or the supervisor
  670  of elections.
  671         e. Seal the mailing envelope and completely fill out the
  672  Voter’s Certificate on the back of the mailing envelope.
  673         f. VERY IMPORTANT. Sign your name on the line provided for
  674  “(Voter’s Signature).”
  675         g. VERY IMPORTANT. In order for your ballot to be counted,
  676  it must include the signature and address of a witness 18 years
  677  of age or older affixed to the Voter’s Certificate.
  678         h. Mail, deliver, or have delivered the completed mailing
  679  envelope. Be sure there is sufficient postage if mailed.
  680         (2) The advisory council shall perform such duties as may
  681  be prescribed by the governing body and shall submit within the
  682  time period specified by the governing body, acting as the board
  683  of directors, a report on the district’s activities and a
  684  proposed budget to accomplish its objectives. In formulating a
  685  plan for services or improvements, the advisory council board
  686  shall consult in public session with the appropriate staff or
  687  consultants of the local governing body responsible for the
  688  district’s plan.
  689         (3) As an alternative to designating the local governing
  690  body as the board of directors, a majority of the local
  691  governing body of a city or county may appoint a board of three
  692  to seven directors for the district who shall be residents of
  693  the proposed area and who are subject to ad valorem taxation in
  694  the residential neighborhood improvement district or who are
  695  property owners in a commercial neighborhood improvement
  696  district. The directors shall be appointed for staggered terms
  697  of 3 years. The initial appointments shall be as follows: one
  698  director for a 1-year term; one director for a 2-year term; and
  699  one director for a 3-year term. If more than three directors are
  700  to be appointed, the additional members shall initially be
  701  appointed for 3-year terms. Vacancies shall be filled for the
  702  unexpired portion of a term in the same manner as the initial
  703  appointments were made. Each director shall hold office until
  704  his or her successor is appointed and qualified unless the
  705  director ceases to be qualified or is removed from office. Upon
  706  appointment and qualification and in January of each year, the
  707  directors shall organize by electing from their number a chair
  708  and a secretary.
  709         (3)(4)The local governing body may dissolve a district may
  710  be dissolved by the governing body by rescinding the ordinance
  711  creating the district. The local governing body may rescind
  712  shall consider rescinding the ordinance if presented with a
  713  petition requesting that it be rescinded. Petitions related to a
  714  residential local government neighborhood improvement district
  715  must contain containing the signatures of 60 percent of the
  716  residents. Petitions related to a commercial local government
  717  neighborhood improvement district must contain signatures
  718  representing owners of 60 percent of the land area of the of a
  719  district.
  720         Section 13. Section 163.508, Florida Statutes, is amended
  721  to read:
  722         163.508 Property owners’ association neighborhood
  723  improvement districts; creation; powers and duties; duration.—
  724         (1) After an a local planning ordinance has been adopted
  725  authorizing the creation of property owners’ association
  726  neighborhood improvement districts, the local governing body of
  727  a municipality or county may create property owners’ association
  728  neighborhood improvement districts by the enactment of a
  729  separate ordinance for each district, which ordinance:
  730         (a) Establishes that an incorporated property owners’
  731  association representing 75 percent of all owners of property
  732  within a proposed district meeting the requirements of this
  733  section has petitioned the local governing body of the
  734  municipality or county for creation of a district for the area
  735  encompassed by the property owned by members of the association.
  736         (b) Specifies the boundaries, size, and name of the
  737  district.
  738         (c) Authorizes the district governing body through mutual
  739  agreement with the property owners’ association to:
  740         1. Request grants a matching grant from the state’s Safe
  741  Neighborhoods Program to prepare the first year’s safe
  742  neighborhood improvement plan. The provider of the local match
  743  for the state grant shall be mutually agreed upon between the
  744  governing body and the property owners’ association. The
  745  governing body may agree to provide the match as a no-interest
  746  bearing loan to be paid back from assessments imposed by the
  747  association on its members or shareholders.
  748         2. Provide staff and other technical assistance to the
  749  property owners’ association on a mutually agreed-upon basis,
  750  contractual or otherwise.
  751         3. Prepare the first year’s safe neighborhood improvement
  752  plan, which shall comply with and be consistent with the
  753  governing body’s adopted comprehensive plan.
  754         (d) Provides for an audit of the property owners’
  755  association.
  756         (e) Designates the officers of the incorporated property
  757  owners’ association as the board of directors of the district.
  758         (f) May prohibit the use of any district power authorized
  759  by s. 163.514.
  760         (g) Requires the district to notify the department of Legal
  761  Affairs and the Department of Economic Opportunity in writing of
  762  its establishment within 30 days after establishment thereof
  763  pursuant to s. 163.5055.
  764         (2) In order to qualify for the creation of a neighborhood
  765  improvement district, the property owners shall form an
  766  association in compliance with this section, or use an existing
  767  property owners’ association in compliance with this section,
  768  which must shall be a not-for-profit corporation. At least, for
  769  profit or not for profit, and of which not less than 75 percent
  770  of all property owners within the proposed area must consent
  771  have consented in writing to become members or shareholders.
  772  Upon such consent by 75 percent of the property owners in the
  773  proposed district, all consenting property owners and their
  774  successors shall become members of the association and are shall
  775  be bound by the provisions of the articles of incorporation, the
  776  bylaws of the association, the covenants, the deed restrictions,
  777  the indentures, and any other properly promulgated restrictions.
  778  The association may not shall have a no member or shareholder
  779  who is not a bona fide owner of property within the proposed
  780  district. Upon receipt of its certificate of incorporation, the
  781  property owners’ association shall notify the clerk of the city
  782  or county court, whichever is appropriate, in writing, of such
  783  incorporation and shall list the names and addresses of the
  784  officers of the association.
  785         (3) Any incorporated property owners’ association operating
  786  pursuant to this part has shall have the power:
  787         (a) To negotiate with the governing body of a municipality
  788  or county for closing, privatizing, or modifying the rights-of
  789  way, and appurtenances thereto, within the district.
  790         (b) To use utilize various legal instruments such as
  791  covenants, deed restrictions, and indentures to preserve and
  792  maintain the integrity of property, land, and rights-of-way
  793  owned and conveyed to it within the district.
  794         (c) To make and collect assessments against all property
  795  within the boundaries of the district pursuant to the provisions
  796  of s. 163.514(16) and to lease, maintain, repair, and
  797  reconstruct any privatized street, land, or common area within
  798  the district upon dedication thereof to the association.
  799         (d) Without the joinder of any property owner, to modify,
  800  move, or create any easement for ingress and egress or for the
  801  purpose of utilities, if such easement constitutes part of or
  802  crosses district property. However, this does shall not
  803  authorize the association to modify or move any easement that
  804  which is created in whole or in part for the use or benefit of
  805  anyone other than association members, or that which crosses the
  806  property of anyone other than association members, without the
  807  consent or approval of such person as required by law or by the
  808  instrument creating the easement. Nothing in This paragraph does
  809  not shall affect the rights of ingress or egress of any member
  810  of the association.
  811         (4) A property owners’ association neighborhood improvement
  812  district shall continue in perpetuity as long as the property
  813  owners’ association created pursuant to this section exists
  814  under the applicable laws of the state.
  815         Section 14. Subsections (1), (7), (8), and (10) of section
  816  163.511, Florida Statutes, are amended to read:
  817         163.511 Special neighborhood improvement districts;
  818  creation; referendum; board of directors; duration; extension.—
  819         (1) After an a local planning ordinance has been adopted
  820  authorizing the creation of special neighborhood improvement
  821  districts, the local governing body of a municipality or county
  822  may declare the need for and create special residential or
  823  commercial business neighborhood improvement districts by the
  824  enactment of a separate ordinance for each district, which
  825  ordinance:
  826         (a) Conditions the implementation of the ordinance on the
  827  approval of a referendum as provided in subsection (2).
  828         (b) Authorizes the special neighborhood improvement
  829  district to levy an ad valorem tax on real and personal property
  830  of up to 2 mills annually.
  831         (c) Authorizes the district to use of special assessments
  832  to support planning and implementation of district improvements
  833  pursuant to the provisions of s. 163.514(16), including
  834  community policing innovations.
  835         (d) Specifies the boundaries, size, and name of the
  836  district.
  837         (e) Authorizes the district to receive a planning grant
  838  from the department.
  839         (f) Provides for the appointment of a three-member 3-member
  840  board of directors for the district.
  841         (g) May authorize a special neighborhood improvement
  842  district to exercise the power of eminent domain pursuant to
  843  chapters 73 and 74. Any property identified for eminent domain
  844  by the district is shall be subject to the approval of the local
  845  governing body before eminent domain procedures are exercised.
  846         (h) May prohibit the use of any district power authorized
  847  by s. 163.514.
  848         (i) Requires the district to notify the department of Legal
  849  Affairs and the Department of Economic Opportunity in writing of
  850  its establishment within 30 days after establishment thereof
  851  pursuant to s. 163.5055.
  852         (j) May authorize a special neighborhood improvement
  853  district to develop and implement community policing innovations
  854  in consultation with the local law enforcement agency having
  855  jurisdiction within the district boundaries.
  856         (7) The business and affairs of a special neighborhood
  857  improvement district shall be conducted and administered by a
  858  board of three directors who must shall be residents of or
  859  property owners within the proposed area and who are subject to
  860  ad valorem taxation in the district. Upon their initial
  861  appointment and qualification and in January of each year
  862  thereafter, the directors shall organize by electing from their
  863  number a chair and a secretary, and may also employ staff and
  864  legal representatives as deemed appropriate, who shall serve at
  865  the pleasure of the board and may receive such compensation as
  866  shall be fixed by the board. The secretary shall keep a record
  867  of the proceedings of the district and shall be custodian of all
  868  books and records of the district. The directors may shall not
  869  receive any compensation for their services or, nor may they be
  870  employed by the district.
  871         (8) Within 30 days after of the approval of the creation of
  872  a special neighborhood improvement district, the local governing
  873  body if the district is in a municipality, a majority of the
  874  governing body of the municipality, or if the district is in the
  875  unincorporated area of the county, a majority of the county
  876  commission, shall appoint the three directors provided for in
  877  this section herein for staggered terms of 3 years. The initial
  878  appointments shall be as follows: one for a 1-year term, one for
  879  a 2-year term, and one for a 3-year term. Each director holds
  880  shall hold office until his or her successor is appointed and
  881  qualified unless the director ceases to be qualified to act as a
  882  director or is removed from office. Vacancies on the board shall
  883  be filled for the unexpired portion of a term in the same manner
  884  as the initial appointments were made.
  885         (10) The local governing body of a municipality or county
  886  may remove a director for inefficiency, neglect of duty, or
  887  misconduct in office only after a hearing and only if he or she
  888  has been given a copy of the charges at least 10 days prior to
  889  such hearing and has had an opportunity to be heard in person or
  890  by counsel. A vacancy so created shall be filled as provided in
  891  this section herein.
  892         Section 15. Section 163.512, Florida Statutes, is amended
  893  to read:
  894         163.512 Community redevelopment neighborhood improvement
  895  districts; creation; advisory council; dissolution.—
  896         (1) Upon the recommendation of the community redevelopment
  897  agency and after an a local planning ordinance has been adopted
  898  authorizing the creation of community redevelopment neighborhood
  899  improvement districts, the local governing body of a
  900  municipality or county may create community redevelopment
  901  neighborhood improvement districts by the enactment of a
  902  separate ordinance for each district, which ordinance:
  903         (a) Specifies the boundaries, size, and name of the
  904  district.
  905         (b) Authorizes the district to receive grants a planning
  906  grant from the department.
  907         (c) Authorizes the use of the community redevelopment trust
  908  fund created pursuant to s. 163.387 for the purposes of
  909  implementing the district’s safe neighborhood improvement plan
  910  and furthering crime prevention through community policing
  911  innovations, environmental design, environmental security, and
  912  defensible space techniques, if the expenditures from the
  913  community redevelopment trust fund are consistent with the
  914  community redevelopment plan created pursuant to s. 163.360.
  915         (d) Designates the community redevelopment board of
  916  commissioners established pursuant to s. 163.356 or s. 163.357
  917  as the board of directors for the district.
  918         (e) Establishes an advisory council to the board of
  919  directors comprised of property owners or residents of the
  920  district.
  921         (f) May prohibit the use of any district power authorized
  922  by s. 163.514.
  923         (g) Requires that the district’s safe neighborhood
  924  improvement plan be consistent with the community redevelopment
  925  plan created pursuant to s. 163.360, and permits the safe
  926  neighborhood improvement plan to be included in the community
  927  redevelopment plan as an optional element.
  928         (h) Requires that the boundaries of the community
  929  redevelopment district be contained in whole within the
  930  community redevelopment area established pursuant to ss. 163.355
  931  and 163.356.
  932         (i) Requires that the district to notify the department of
  933  Legal Affairs and the Department of Economic Opportunity in
  934  writing of its establishment within 30 days after establishment
  935  thereof pursuant to s. 163.5055.
  936         (2) The advisory council shall perform such duties as may
  937  be prescribed by the community redevelopment board established
  938  pursuant to s. 163.356 and shall submit within the time period
  939  specified by the board of directors a report on the district’s
  940  activities and a proposed budget to accomplish its objectives.
  941  In formulating a plan for services or improvements, the advisory
  942  council shall consult in public session with the appropriate
  943  staff or consultants of the community redevelopment board
  944  responsible for the district’s plan.
  945         (3) The local governing body may dissolve a district may be
  946  dissolved by the local governing body by rescinding the
  947  ordinance creating the district. The local governing body may
  948  rescind shall consider rescinding the ordinance if presented
  949  with a petition containing the signatures of 60 percent of the
  950  residents of a district.
  951         Section 16. Section 163.513, Florida Statutes, is repealed.
  952         Section 17. Section 163.514, Florida Statutes, is amended
  953  to read:
  954         163.514 Powers of neighborhood improvement districts.
  955  Unless prohibited by ordinance, the board of any district is
  956  shall be empowered to:
  957         (1) Enter into contracts and agreements and sue and be sued
  958  as a body corporate.
  959         (2) Have and use a corporate seal.
  960         (3) Acquire, own, convey, or otherwise dispose of, lease as
  961  lessor or lessee, construct, maintain, improve, enlarge, raze,
  962  relocate, operate, and manage property and facilities of
  963  whatever type to which it holds title and grant and acquire
  964  licenses, easements, and options with respect thereto.
  965         (4) Accept grants and donations of any type of property,
  966  labor, or other thing of value from any public or private
  967  source.
  968         (5) Have exclusive control of funds legally available to
  969  it, subject to limitations imposed by law or by any agreement
  970  validly entered into by it.
  971         (6) Cooperate and contract with other governmental agencies
  972  or other public bodies.
  973         (7) Contract for services of planning consultants, experts
  974  on crime prevention through community policing innovations,
  975  environmental design, environmental security, or defensible
  976  space, or other experts in areas pertaining to the operations of
  977  the board of directors or the district.
  978         (8) Contract with the county or municipal government for
  979  planning assistance, legal advice, and for increased levels of
  980  law enforcement protection and security, including additional
  981  personnel.
  982         (9) Promote and advertise the commercial advantages of the
  983  district so as to attract new businesses and encourage the
  984  expansion of existing businesses.
  985         (10) Promote and advertise the district to the public and
  986  engage in cooperative advertising programs with businesses
  987  located in the district.
  988         (11) Improve, plan, design, construct, operate, provide,
  989  and maintain street lighting, parks, streets, drainage,
  990  utilities, swales, parking facilities, transit facilities,
  991  landscaping, and open areas, and provide safe access to mass
  992  transportation facilities in the district.
  993         (12) Undertake innovative approaches to securing
  994  neighborhoods from crime, such as crime prevention through
  995  community policing innovations, environmental design,
  996  environmental security, and defensible space.
  997         (13) Privatize, close, vacate, plan, or replan streets,
  998  roads, sidewalks, and alleys, subject to the concurrence of the
  999  local governing body and, if required, the state Department of
 1000  Transportation.
 1001         (14) Prepare, adopt, implement, and modify a safe
 1002  neighborhood improvement plan for the district.
 1003         (15) Identify areas that have with blighted influences,
 1004  including, but not limited to, areas where unlawful urban
 1005  dumping or graffiti are prevalent, and develop programs for
 1006  eradication thereof.
 1007         (16)(a) Except for commercial local government neighborhood
 1008  improvement districts and subject to referendum approval, make
 1009  and collect special assessments pursuant to ss. 197.3632 and
 1010  197.3635 to pay for improvements to the district and for
 1011  reasonable expenses of operating the district, including the
 1012  payment of expenses included in the district’s budget, subject
 1013  to an affirmative vote by a majority of the registered voters
 1014  residing in the district. Such assessments may shall not exceed
 1015  $500 for each individual parcel of land per year.
 1016  Notwithstanding the provisions of s. 101.6102, the referendum to
 1017  approve the special assessment must shall be by mail ballot.
 1018         (b) In order to implement this subsection, the city clerk
 1019  or the supervisor of elections, whichever is appropriate, shall
 1020  compile a list of the names and last known addresses of the
 1021  electors in the neighborhood improvement district from the list
 1022  of registered voters of the county as of the last day of the
 1023  preceding month. The same shall constitute the registration list
 1024  for the purposes of a referendum. Within 45 days after
 1025  compilation of the voter registration list, the city clerk or
 1026  the supervisor of elections shall notify each elector of the
 1027  general provisions of this subsection section, including the
 1028  taxing authority and the date of the upcoming referendum.
 1029  Notification must shall be by United States mail and, in
 1030  addition thereto, by publication one time in a newspaper of
 1031  general circulation in the county or municipality in which the
 1032  district is located.
 1033         (c) Any resident of the district whose name does not appear
 1034  on the list compiled pursuant to paragraph (b) may register to
 1035  vote as provided by law. The registration list shall remain open
 1036  for 75 days after the notification required in paragraph (b).
 1037         (d) Within 15 days after the closing of registration, the
 1038  city clerk or the supervisor of elections shall send a ballot to
 1039  each elector at his or her last known mailing address by first
 1040  class United States mail. The ballot must shall include:
 1041         1. A description of the general provisions of this section
 1042  applicable to the neighborhood improvement district; and
 1043         2. Immediately following said information, the following:
 1044  
 1045         “Do you favor the imposition of a special assessment
 1046         of not greater than $500 for each individual parcel of
 1047         land per year to pay for the expenses of operating the
 1048         neighborhood improvement district?
 1049  
 1050         ....Yes, for the special assessment.
 1051  
 1052         ....No, against the special assessment.”
 1053  
 1054         (e) Ballots shall be returned by United States mail or by
 1055  personal delivery.
 1056         (f) All ballots that are received within 60 days after the
 1057  closing of registration shall be tabulated by the city clerk or
 1058  the supervisor of elections, who shall certify the results
 1059  thereof to the local city governing body or county commission no
 1060  later than 5 days after the said 60-day period.
 1061         (17) Exercise all lawful powers incidental to the effective
 1062  and expedient exercise of the foregoing powers.
 1063         Section 18. Subsections (3) and (4) of section 163.5151,
 1064  Florida Statutes, are amended to read:
 1065         163.5151 Fiscal management; budget preparation.—
 1066         (3) Each local government and special neighborhood
 1067  improvement district levying an ad valorem tax on real or
 1068  personal property shall establish a its budget pursuant to the
 1069  provisions of chapter 200. Before adopting Prior to adoption of
 1070  the final budget and setting of the millage rate to be levied by
 1071  the board, the board shall submit a tentative budget and
 1072  proposed millage rate of the district to the local governing
 1073  body of the municipality in which the district is located, or to
 1074  the county if the district is located in the unincorporated
 1075  portion of the county, for approval or disapproval. Such local
 1076  governing body has shall have the power to modify the budget or
 1077  millage submitted by the board. Subsequent to approval, the
 1078  board shall adopt its final budget and millage rate in
 1079  accordance with the requirements of chapter 200.
 1080         (4) At the option of the county property appraiser for the
 1081  county within which the neighborhood improvement district is
 1082  located, the assessments levied by the district may shall be
 1083  collected in the same manner as all ad valorem taxes if so
 1084  requested by the local governing body pursuant to s. 197.363.
 1085         Section 19. Section 163.516, Florida Statutes, is amended
 1086  to read:
 1087         163.516 Safe Neighborhood improvement plans.—
 1088         (1) A safe neighborhood improvement plan is mandated for
 1089  all neighborhood improvement districts. The plan must shall
 1090  contain at least the following elements:
 1091         (a) Demographics of the district.
 1092         (b) Crime activity data and analysis.
 1093         (b)(c) Land use, zoning, housing, and traffic analysis.
 1094         (d) Determination of the problems of the crime-to
 1095  environment relationship and the stability of the neighborhood
 1096  improvement district.
 1097         (c)(e) Statement of the district’s goal and objectives.
 1098         (f) Assessment of crime prevention through community
 1099  policing innovations, environmental design, environmental
 1100  security, and defensible space strategies and tactics that will
 1101  be applied to the crime-to-environment relationship problems.
 1102         (g) Cost estimates and the methods of financing.
 1103         (h) Outline of program participants and their functions and
 1104  responsibilities.
 1105         (i) Schedule for executing program activities.
 1106         (j) Evaluation guidelines.
 1107         (2) Every safe neighborhood improvement plan must shall
 1108  show, by diagram and by general explanation:
 1109         (a) Such property as is intended for use as public parks,
 1110  recreation areas, streets, public utilities, and public
 1111  improvements of any nature.
 1112         (b) Specific identification of any publicly funded capital
 1113  improvement projects to be undertaken within the district.
 1114         (c) Adequate assurances that the improvements will be
 1115  carried out pursuant to the plan.
 1116         (d) Provision for the retention of controls and the
 1117  establishment of any restrictions or covenants running with land
 1118  sold or leased for private use for such periods of time and
 1119  under such conditions as the governing body of the municipality
 1120  in which the district is located, or the county if the district
 1121  is located in the unincorporated portion of the county, deems
 1122  necessary to effectuate the purposes of this part.
 1123         (c)(e) Projected costs of improvements, including the
 1124  amount to be expended on publicly funded capital improvement
 1125  projects in the district and any indebtedness of the district,
 1126  the county, or the municipality proposed to be incurred if such
 1127  indebtedness is to be repaid with district revenues.
 1128         (f) Promotion of advertising programs to be undertaken by
 1129  the district or in conjunction with businesses in the district.
 1130         (g) Suggested physical improvements necessary for the
 1131  safety of residents in or visitors to the district.
 1132         (h) Law enforcement and security plans for the district.
 1133         (3) The safe neighborhood improvement plan must shall:
 1134         (a) Be consistent with the adopted comprehensive plan for
 1135  the county or municipality pursuant to the Community Planning
 1136  Act. A No district plan may not shall be implemented unless the
 1137  local governing body has determined that the said plan is
 1138  consistent.
 1139         (b) Be sufficiently complete to indicate such land
 1140  acquisition, demolition and removal of structures, street
 1141  modifications, redevelopment, and rehabilitation as may be
 1142  proposed to be carried out in the district.
 1143         (c) Provide some method for and measurement of the
 1144  reduction of crime within the district.
 1145         (4) The county, municipality, or district may prepare or
 1146  cause to be prepared a safe neighborhood improvement plan, or
 1147  any person or agency, public or private, may submit such a plan
 1148  to a district. Prior to its consideration of a safe neighborhood
 1149  improvement plan, the district shall submit such plan to the
 1150  local governing body for review and written approval as to its
 1151  consistency with the local government comprehensive plan. The
 1152  district must be notified of approval or disapproval within 60
 1153  days after receipt of the plan for review, and a revised version
 1154  of the plan may be submitted to satisfy any inconsistencies. The
 1155  district may not proceed with the safe neighborhood improvement
 1156  plan until final approval is given by the local governing body.
 1157         (4)(5)Before Prior to adoption of the safe neighborhood
 1158  improvement plan, the board must shall hold a public hearing on
 1159  the plan after public notice thereof by publication in a
 1160  newspaper of general circulation in the county or municipality
 1161  in which the district is located. The notice must shall describe
 1162  the time, date, place, and purpose of the hearing; identify the
 1163  boundaries of the district; and outline the general scope of the
 1164  plan.
 1165         (5)(6) The board, after the public hearing, may approve the
 1166  safe neighborhood improvement plan if it finds that:
 1167         (a) The plan has been approved as consistent with the local
 1168  comprehensive plan by the local governing body; and
 1169         (b) The plan will improve the promotion, appearance,
 1170  safety, security, and public amenities of the neighborhood
 1171  improvement district as stipulated in s. 163.502.
 1172         (6)(7) If, at any time after approval of the safe
 1173  neighborhood improvement plan, it becomes desirable to amend or
 1174  modify the plan, the board may do so. Before Prior to any such
 1175  amendment or modification, the board must shall obtain written
 1176  approval of the local governing body concerning conformity to
 1177  the local government comprehensive plan and must hold a public
 1178  hearing on the proposed amendment or modification after public
 1179  notice thereof by publication in a newspaper of general
 1180  circulation in the county or municipality in which the district
 1181  is located. The notice must shall describe the time, place, and
 1182  purpose of the hearing and generally describe the proposed
 1183  amendment or modification.
 1184         (8) Pursuant to s. 163.3184, the governing body of a
 1185  municipality or county shall hold two public hearings to
 1186  consider the board-adopted safe neighborhood improvement plan as
 1187  an amendment or modification to the municipality’s or county’s
 1188  adopted local comprehensive plan.
 1189         (9) A safe neighborhood improvement plan for each district
 1190  shall be prepared and adopted by the municipality or county
 1191  prior to the levy and expenditure of any of the proceeds of any
 1192  tax assessment or fee authorized to such districts other than
 1193  for the preparation of the safe community or business
 1194  improvement plan.
 1195         Section 20. Section 163.517, Florida Statutes, is repealed.
 1196         Section 21. Section 163.519, Florida Statutes, is repealed.
 1197         Section 22. Section 163.521, Florida Statutes, is repealed.
 1198         Section 23. Section 163.5215, Florida Statutes, is
 1199  repealed.
 1200         Section 24. Section 163.522, Florida Statutes, is repealed.
 1201         Section 25. Section 163.523, Florida Statutes, is repealed.
 1202         Section 26. Subsection (13) is added to section 163.524,
 1203  Florida Statutes, to read:
 1204         163.524 Neighborhood Preservation and Enhancement Program;
 1205  participation; creation of Neighborhood Preservation and
 1206  Enhancement Districts; creation of Neighborhood Councils and
 1207  Neighborhood Enhancement Plans.—
 1208         (13) Effective July 1, 2013, this section applies only to a
 1209  Neighborhood Preservation and Enhancement District and a
 1210  Neighborhood Council that are active on or before June 30, 2013.
 1211  A Neighborhood Preservation and Enhancement District and a
 1212  Neighborhood Council may not be created after June 30, 2013.
 1213         Section 27. Section 27. Subsection (4) is added to section
 1214  163.526, Florida Statutes, to read:
 1215         163.526 Neighborhood Councils and local government
 1216  designated agency; powers and duties.—
 1217         (4) Effective July 1, 2013, this section applies only to a
 1218  Neighborhood Council that is active on or before June 30, 2013.
 1219         Section 28. Paragraph (c) of subsection (1) of section
 1220  376.84, Florida Statutes, is amended to read:
 1221         376.84 Brownfield redevelopment economic incentives.—It is
 1222  the intent of the Legislature that brownfield redevelopment
 1223  activities be viewed as opportunities to significantly improve
 1224  the utilization, general condition, and appearance of these
 1225  sites. Different standards than those in place for new
 1226  development, as allowed under current state and local laws,
 1227  should be used to the fullest extent to encourage the
 1228  redevelopment of a brownfield. State and local governments are
 1229  encouraged to offer redevelopment incentives for this purpose,
 1230  as an ongoing public investment in infrastructure and services,
 1231  to help eliminate the public health and environmental hazards,
 1232  and to promote the creation of jobs in these areas. Such
 1233  incentives may include financial, regulatory, and technical
 1234  assistance to persons and businesses involved in the
 1235  redevelopment of the brownfield pursuant to this act.
 1236         (1) Financial incentives and local incentives for
 1237  redevelopment may include, but not be limited to:
 1238         (c) Safe Neighborhood improvement districts as provided in
 1239  part IV of chapter 163 ss. 163.501-163.523.
 1240         Section 29. Subsection (2) of section 775.083, Florida
 1241  Statutes, is amended to read:
 1242         775.083 Fines.—
 1243         (2) In addition to the fines set forth in subsection (1),
 1244  court costs shall be assessed and collected in each instance a
 1245  defendant pleads nolo contendere to, or is convicted of, or
 1246  adjudicated delinquent for, a felony, a misdemeanor, or a
 1247  criminal traffic offense under state law, or a violation of any
 1248  municipal or county ordinance if the violation constitutes a
 1249  misdemeanor under state law. The court costs imposed by this
 1250  section shall be $50 for a felony and $20 for any other offense
 1251  and shall be deposited by the clerk of the court into an
 1252  appropriate county account for disbursement for the purposes
 1253  provided in this subsection. A county shall account for the
 1254  funds separately from other county funds as crime prevention
 1255  funds. The county, in consultation with the sheriff, must expend
 1256  such funds for crime prevention programs in the county,
 1257  including safe neighborhood improvement programs under part IV
 1258  of chapter 163 ss. 163.501-163.523.
 1259         Section 30. Subsection (5) of section 932.7055, Florida
 1260  Statutes, is amended to read:
 1261         932.7055 Disposition of liens and forfeited property.—
 1262         (5)(a) If the seizing agency is a county or municipal
 1263  agency, the remaining proceeds shall be deposited in a special
 1264  law enforcement trust fund established by the board of county
 1265  commissioners or the governing body of the municipality. These
 1266  Such proceeds and interest earned therefrom shall be used for
 1267  school resource officer, crime prevention, safe neighborhood
 1268  improvement, drug abuse education and prevention programs, or
 1269  for other law enforcement purposes, which include defraying the
 1270  cost of protracted or complex investigations, providing
 1271  additional equipment or expertise, purchasing automated external
 1272  defibrillators for use in law enforcement vehicles, and
 1273  providing matching funds to obtain federal grants. The proceeds
 1274  and interest may not be used to meet normal operating expenses
 1275  of the law enforcement agency.
 1276         (b) These funds may be expended upon request by the sheriff
 1277  to the board of county commissioners or by the chief of police
 1278  to the governing body of the municipality, accompanied by a
 1279  written certification that the request complies with the
 1280  provisions of this subsection, and only upon appropriation to
 1281  the sheriff’s office or police department by the board of county
 1282  commissioners or the governing body of the municipality.
 1283         (c) An agency or organization, other than the seizing
 1284  agency, that wishes to receive such funds shall apply to the
 1285  sheriff or chief of police for an appropriation and its
 1286  application shall be accompanied by a written certification that
 1287  the moneys will be used for an authorized purpose. Such requests
 1288  for expenditures must shall include a statement describing
 1289  anticipated recurring costs for the agency for subsequent fiscal
 1290  years. An agency or organization that receives money pursuant to
 1291  this subsection shall provide an accounting for such moneys and
 1292  shall furnish the same reports as an agency of the county or
 1293  municipality that receives public funds. Such funds may be
 1294  expended in accordance with the following procedures:
 1295         1. Such funds may be used only for school resource officer,
 1296  crime prevention, safe neighborhood improvement, drug abuse
 1297  education, or drug prevention programs or such other law
 1298  enforcement purposes as the board of county commissioners or
 1299  governing body of the municipality deems appropriate.
 1300         2. Such funds may shall not be a source of revenue to meet
 1301  normal operating needs of the law enforcement agency.
 1302         3. After July 1, 1992, and during every fiscal year
 1303  thereafter, any local law enforcement agency that acquires at
 1304  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1305  within a fiscal year must expend or donate at least no less than
 1306  15 percent of such proceeds for the support or operation of any
 1307  drug treatment, drug abuse education, drug prevention, crime
 1308  prevention, safe neighborhood improvement, or school resource
 1309  officer program or programs program(s). The local law
 1310  enforcement agency has the discretion to determine which program
 1311  or programs program(s) will receive the designated proceeds.
 1312  
 1313  Notwithstanding the drug abuse education, drug treatment, drug
 1314  prevention, crime prevention, safe neighborhood improvement, or
 1315  school resource officer minimum expenditures or donations, the
 1316  sheriff and the board of county commissioners or the chief of
 1317  police and the governing body of the municipality may agree to
 1318  expend or donate such funds over a period of years if the
 1319  expenditure or donation of such minimum amount in any given
 1320  fiscal year would exceed the needs of the county or municipality
 1321  for such program or programs program(s). Nothing in This section
 1322  does not preclude precludes the expenditure or donation of
 1323  forfeiture proceeds in excess of the minimum amounts established
 1324  in this subsection herein.
 1325         Section 31. This act shall take effect July 1, 2013.