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The Florida Senate

2004 Florida Statutes

Section 163.514, Florida Statutes 2004

163.514  Powers of neighborhood improvement districts.--Unless prohibited by ordinance, the board of any district shall be empowered to:

(1)  Enter into contracts and agreements and sue and be sued as a body corporate.

(2)  Have and use a corporate seal.

(3)  Acquire, own, convey, or otherwise dispose of, lease as lessor or lessee, construct, maintain, improve, enlarge, raze, relocate, operate, and manage property and facilities of whatever type to which it holds title and grant and acquire licenses, easements, and options with respect thereto.

(4)  Accept grants and donations of any type of property, labor, or other thing of value from any public or private source.

(5)  Have exclusive control of funds legally available to it, subject to limitations imposed by law or by any agreement validly entered into by it.

(6)  Cooperate and contract with other governmental agencies or other public bodies.

(7)  Contract for services of planning consultants, experts on crime prevention through community policing innovations, environmental design, environmental security, or defensible space, or other experts in areas pertaining to the operations of the board of directors or the district.

(8)  Contract with the county or municipal government for planning assistance, and for increased levels of law enforcement protection and security, including additional personnel.

(9)  Promote and advertise the commercial advantages of the district so as to attract new businesses and encourage the expansion of existing businesses.

(10)  Promote and advertise the district to the public and engage in cooperative advertising programs with businesses located in the district.

(11)  Improve street lighting, parks, streets, drainage, utilities, swales, and open areas, and provide safe access to mass transportation facilities in the district.

(12)  Undertake innovative approaches to securing neighborhoods from crime, such as crime prevention through community policing innovations, environmental design, environmental security, and defensible space.

(13)  Privatize, close, vacate, plan, or replan streets, roads, sidewalks, and alleys, subject to the concurrence of the local governing body and, if required, the state Department of Transportation.

(14)  Prepare, adopt, implement, and modify a safe neighborhood improvement plan for the district.

(15)  Identify areas with blighted influences, including, but not limited to, areas where unlawful urban dumping or graffiti are prevalent, and develop programs for eradication thereof.

(16)(a)  Subject to referendum approval, make and collect special assessments pursuant to ss. 197.3632 and 197.3635 to pay for improvements to the district and for reasonable expenses of operating the district, including the payment of expenses included in the district's budget, subject to an affirmative vote by a majority of the registered voters residing in the district. Such assessments shall not exceed $500 for each individual parcel of land per year. Notwithstanding the provisions of s. 101.6102, the referendum to approve the special assessment shall be by mail ballot.

(b)  In order to implement this subsection, the city clerk or the supervisor of elections, whichever is appropriate, shall compile a list of the names and last known addresses of the electors in the neighborhood improvement district from the list of registered voters of the county as of the last day of the preceding month. The same shall constitute the registration list for the purposes of a referendum. Within 45 days after compilation of the voter registration list, the city clerk or the supervisor of elections shall notify each elector of the general provisions of this section, including the taxing authority and the date of the upcoming referendum. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located.

(c)  Any resident of the district whose name does not appear on the list compiled pursuant to paragraph (b) may register to vote as provided by law. The registration list shall remain open for 75 days after the notification required in paragraph (b).

(d)  Within 15 days after the closing of registration, the city clerk or the supervisor of elections shall send a ballot to each elector at his or her last known mailing address by first-class United States mail. The ballot shall include:

1.  A description of the general provisions of this section applicable to the neighborhood improvement district; and

2.  Immediately following said information, the following:

"Do you favor the imposition of a special assessment of not greater than $500 for each individual parcel of land per year to pay for the expenses of operating the neighborhood improvement district?

_____Yes, for the special assessment.

_____No, against the special assessment."

(e)  Ballots shall be returned by United States mail or by personal delivery.

(f)  All ballots received within 60 days after the closing of registration shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city governing body or county commission no later than 5 days after said 60-day period.

(17)  Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing powers.

History.--s. 63, ch. 87-243; s. 29, ch. 88-381; s. 12, ch. 91-86; s. 909, ch. 95-147; s. 17, ch. 98-314.