Florida Senate - 2018 CS for SB 1348 By the Committee on Judiciary; and Senator Perry 590-02641-18 20181348c1 1 A bill to be entitled 2 An act relating to community development districts; 3 amending s. 190.046, F.S.; authorizing sufficiently 4 contiguous lands located within the county or 5 municipality which a petitioner anticipates adding to 6 the boundaries of a new community development district 7 to also be identified in a petition to establish the 8 new district under certain circumstances; providing 9 requirements for the petition; providing notification 10 requirements for the petition; prohibiting a parcel 11 from being included in the district without the 12 written consent of the owner of the parcel; 13 authorizing a person to petition the county or 14 municipality to amend the boundaries of the district 15 to include a certain parcel after establishment of the 16 district; prohibiting a filing fee for such petition; 17 providing requirements for the petition; requiring the 18 person to provide the petition to the district and to 19 the owner of the proposed additional parcel before 20 filing the petition with the county or municipality; 21 requiring the county or municipality to process the 22 addition of the parcel to the district as an amendment 23 to the ordinance that establishes the district once 24 the petition is determined sufficient and complete; 25 authorizing the county or municipality to process all 26 such petitions even if the addition exceeds specified 27 acreage; providing notice requirements for the intent 28 to amend the ordinance establishing the district; 29 providing that the amendment of a district by the 30 addition of a parcel does not alter the transition 31 from landowner voting to qualified elector voting; 32 requiring the petitioner to cause to be recorded a 33 certain notice of boundary amendment upon adoption of 34 the ordinance expanding the district; providing 35 construction; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 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, sufficiently contiguous lands 49 located within the county or municipality which the petitioner 50 anticipates adding to the boundaries of the district within 10 51 years after the effective date of the ordinance establishing the 52 district may also be identified. If such sufficiently contiguous 53 land is identified, the petition must include a legal 54 description of each additional parcel within the sufficiently 55 contiguous land, the current owner of the parcel, the acreage of 56 the parcel, and the current land use designation of the parcel. 57 At least 14 days before the hearing required under s. 58 190.005(2)(b), the petitioner must give the current owner of 59 each such parcel notice of filing the petition to establish the 60 district, the date and time of the public hearing on the 61 petition, and the name and address of the petitioner. A parcel 62 may not be included in the district without the written consent 63 of the owner of the parcel. 64 1. After establishment of the district, a person may 65 petition the county or municipality to amend the boundaries of 66 the district to include a previously identified parcel that was 67 a proposed addition to the district before its establishment. A 68 filing fee may not be charged for this petition. Each such 69 petition must include: 70 a. A legal description by metes and bounds of the parcel to 71 be added; 72 b. A new legal description by metes and bounds of the 73 district; 74 c. Written consent of all owners of the parcel to be added; 75 d. A map of the district including the parcel to be added; 76 e. A description of the development proposed on the 77 additional parcel; and 78 f. A copy of the original petition identifying the parcel 79 to be added. 80 2. Before filing with the county or municipality, the 81 person must provide the petition to the district and to the 82 owner of the proposed additional parcel, if the owner is not the 83 petitioner. 84 3. Once the petition is determined sufficient and complete, 85 the county or municipality must process the addition of the 86 parcel to the district as an amendment to the ordinance that 87 establishes the district. The county or municipality may process 88 all petitions to amend the ordinance for parcels identified in 89 the original petition, even if, by adding such parcels, the 90 district exceeds 2,500 acres. 91 4. The petitioner shall cause to be published in a 92 newspaper of general circulation in the proposed district a 93 notice of the intent to amend the ordinance that establishes the 94 district, which notice shall be in addition to any notice 95 required for adoption of the ordinance amendment. Such notice 96 must be published at least 10 days before the scheduled hearing 97 on the ordinance amendment and may be published in the section 98 of the newspaper reserved for legal notices. The notice must 99 include a general description of the land to be added to the 100 district and the date and time of the scheduled hearing to amend 101 the ordinance. The petitioner shall deliver, including by mail 102 or hand delivery, the notice of the hearing on the ordinance 103 amendment to the owner of the parcel and to the district at 104 least 14 days before the scheduled hearing. 105 5. The amendment of a district by the addition of a parcel 106 pursuant to this paragraph does not alter the transition from 107 landowner voting to qualified elector voting pursuant to s. 108 190.006, even if the total size of the district after the 109 addition of the parcel exceeds 5,000 acres. Upon adoption of the 110 ordinance expanding the district, the petitioner must cause to 111 be recorded a notice of boundary amendment which reflects the 112 new boundaries of the district. 113 6. This paragraph is intended to facilitate the orderly 114 addition of lands to a district under certain circumstances and 115 does not preclude the addition of lands to any district using 116 the procedures in the other provisions of this section. 117 Section 2. This act shall take effect July 1, 2018.