Florida Senate - 2018                                    SB 1348
       By Senator Perry
       8-01270-18                                            20181348__
    1                        A bill to be entitled                      
    2         An act relating to community development districts;
    3         amending s. 190.046, F.S.; authorizing adjacent lands
    4         located within the county or municipality which a
    5         petitioner anticipates adding to the boundaries of a
    6         new community development district to also be
    7         identified in a petition to establish the new district
    8         under certain circumstances; providing requirements
    9         for the petition; providing notification requirements
   10         for the petition; prohibiting a parcel from being
   11         included in the district without the written consent
   12         of the owner of the parcel; authorizing a person to
   13         petition the county or municipality to amend the
   14         boundaries of the district to include a certain parcel
   15         after establishment of the district; prohibiting a
   16         filing fee for such petition; providing requirements
   17         for the petition; requiring the person to provide the
   18         petition to the district and to the owner of the
   19         proposed additional parcel before filing the petition
   20         with the county or municipality; requiring the county
   21         or municipality to process the addition of the parcel
   22         to the district as an amendment to the ordinance that
   23         establishes the district once the petition is
   24         determined sufficient and complete; authorizing the
   25         county or municipality to process all such petitions
   26         even if the addition exceeds specified acreage;
   27         providing notice requirements for the intent to amend
   28         the ordinance establishing the district; providing
   29         that the amendment of a district by the addition of a
   30         parcel does not alter the transition from landowner
   31         voting to qualified elector voting; requiring the
   32         petitioner to cause to be recorded a certain notice of
   33         boundary amendment upon adoption of the ordinance
   34         expanding the district; providing construction;
   35         providing an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Paragraph (h) is added to subsection (1) of
   40  section 190.046, Florida Statutes, to read:
   41         190.046 Termination, contraction, or expansion of
   42  district.—
   43         (1) A landowner or the board may petition to contract or
   44  expand the boundaries of a community development district in the
   45  following manner:
   46         (h) For a petition to establish a new community development
   47  district of less than 2,500 acres on land located solely in one
   48  county or one municipality, adjacent lands located within the
   49  county or municipality which the petitioner anticipates adding
   50  to the boundaries of the district within the next 10 years may
   51  also be identified. If such adjacent land is identified, the
   52  petition must include a legal description of each additional
   53  parcel within the adjacent land, the current owner of the
   54  parcel, the acreage of the parcel, and the current land use
   55  designation of the parcel. At least 14 days before the hearing
   56  required under s. 190.005(2)(b), the petitioner must give the
   57  current owner of each such parcel notice of filing the petition
   58  to establish the district, the date and time of the public
   59  hearing on the petition, and the name and address of the
   60  petitioner. A parcel may not be included in the district without
   61  the written consent of the owner of the parcel.
   62         1. After establishment of the district, a person may
   63  petition the county or municipality to amend the boundaries of
   64  the district to include a previously identified parcel that was
   65  a proposed addition to the district before its establishment. A
   66  filing fee may not be charged for this petition. Each such
   67  petition must include:
   68         a.A legal description by metes and bounds of the parcel to
   69  be added;
   70         b.A new legal description by metes and bounds of the
   71  district;
   72         c.Written consent of all owners of the parcel to be added;
   73         d.A map of the district including the parcel to be added;
   74         e.A description of the development proposed on the
   75  additional parcel; and
   76         f.A copy of the original petition identifying the parcel
   77  to be added.
   78         2. Before filing with the county or municipality, the
   79  person must provide the petition to the district and to the
   80  owner of the proposed additional parcel, if the owner is not the
   81  petitioner.
   82         3. Once the petition is determined sufficient and complete,
   83  the county or municipality must process the addition of the
   84  parcel to the district as an amendment to the ordinance that
   85  establishes the district. The county or municipality may process
   86  all petitions to amend the ordinance for parcels identified in
   87  the original petition, even if, by adding such parcels, the
   88  district exceeds 2,500 acres.
   89         4. The petitioner shall cause to be published in a
   90  newspaper of general circulation in the proposed district a
   91  notice of the intent to amend the ordinance that establishes the
   92  district, which notice shall be in addition to any notice
   93  required for adoption of the ordinance amendment. Such notice
   94  must be published at least 10 days before the scheduled hearing
   95  on the ordinance amendment and may be published in the section
   96  of the newspaper reserved for legal notices. The notice must
   97  include a general description of the land to be added to the
   98  district and the date and time of the scheduled hearing to amend
   99  the ordinance. The petitioner shall mail the notice of the
  100  hearing on the ordinance amendment to the owner of the parcel
  101  and to the district at least 14 days before the scheduled
  102  hearing.
  103         5. The amendment of a district by the addition of a parcel
  104  pursuant to this paragraph does not alter the transition from
  105  landowner voting to qualified elector voting pursuant to s.
  106  190.006, even if the total size of the district after the
  107  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  108  ordinance expanding the district, the petitioner must cause to
  109  be recorded a notice of boundary amendment which reflects the
  110  new boundaries of the district.
  111         6. This paragraph is intended to facilitate the orderly
  112  addition of lands to a district under certain circumstances and
  113  does not preclude the addition of lands to any district using
  114  the procedures in the other provisions of this section.
  115         Section 2. This act shall take effect July 1, 2018.