CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay offered the following:

12

13         Amendment to Senate Amendment (133172) (with title

14  amendment) 

15         On page 58, between lines 5-6, of the amendment

16

17  insert:

18         Section 29.  Section 170.09, Florida Statutes, is

19  amended to read:

20         170.09  Priority of lien; interest; and method of

21  payment.--The special assessments shall be payable at the time

22  and in the manner stipulated in the resolution providing for

23  the improvement; shall remain liens, coequal with the lien of

24  all state, county, district, and municipal taxes, superior in

25  dignity to all other liens, titles, and claims, until paid;

26  shall bear interest, at a rate not to exceed 8 percent per

27  year, or, if bonds are issued pursuant to this chapter, at a

28  rate not to exceed 1 percent above the rate of interest at

29  which the improvement bonds authorized pursuant to this

30  chapter and used for the improvement are sold, from the date

31  of the acceptance of the improvement; and may, by the

                                  1

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  resolution aforesaid and only for capital outlay projects, be

 2  made payable in equal installments over a period not to exceed

 3  30 20 years notwithstanding any special act to the contrary,

 4  to which, if not paid when due, there shall be added a penalty

 5  at the rate of 1 percent per month, until paid. However, the

 6  assessments may be paid without interest at any time within 30

 7  days after the improvement is completed and a resolution

 8  accepting the same has been adopted by the governing

 9  authority.

10         Section 30.  Subsection (2) of section 189.4031,

11  Florida Statutes, is amended to read:

12         189.4031  Special districts; creation, dissolution, and

13  reporting requirements; charter requirements.--

14         (2)  Notwithstanding any general law, special act, or

15  ordinance of a local government to the contrary, any

16  independent special district charter enacted after the

17  effective date of this section shall contain the information

18  required by s. 189.404(3). Recognizing that the exclusive

19  charter for a community development district is the statutory

20  charter contained in ss. 190.006 through 190.041, community

21  development districts established after July 1, 1980, pursuant

22  to the provisions of chapter 190 shall be deemed in compliance

23  with this requirement.

24         Section 31.  Subsections (5) and (6) of section

25  189.405, Florida Statutes, 1998 Supplement, are renumbered as

26  subsections (6) and (7), respectively, and a new subsection

27  (5) is added to said section to read:

28         189.405  Elections; general requirements and

29  procedures.--

30         (5)(a) The department may provide, contract for, or

31  assist in conducting education programs, as its budget

                                  2

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  permits, for all newly elected or appointed members of

 2  district boards.  The eduction programs shall include, but are

 3  not limited to, courses on the code of ethics for public

 4  officers and employees, public meetings and public records

 5  requirements, public finance, and parliamentary procedure.

 6  Course content may be offered by means of the following:

 7  videotapes, live seminars, workshops, conferences,

 8  teleconferences, computer-based training, multimedia

 9  presentations, or other available instructional methods.

10         (b) An individual district board, at its discretion,

11  may bear the costs associated with educating its members.

12  Board members of districts which have qualified for a zero

13  annual fee for the most recent invoicing period pursuant to s.

14  189.427 shall not be required to pay a fee for any education

15  program the department provides, contracts for, or assists in

16  conducting.

17         Section 32.  Subsection (7) of section 189.412, Florida

18  Statutes, is amended to read:

19         189.412  Special District Information Program; duties

20  and responsibilities.--The Special District Information

21  Program of the Department of Community Affairs is created and

22  has the following special duties:

23         (7)  The provision of assistance related to and

24  appropriate in the performance of requirements specified in

25  this chapter, including assisting with an annual conference

26  sponsored by the Florida Association of Special Districts or

27  its successor.

28         Section 33.  Subsection (1) of section 189.417, Florida

29  Statutes, is amended to read:

30         189.417  Meetings; notice; required reports.--

31         (1)  The governing body of each special district shall

                                  3

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  file quarterly, semiannually, or annually a schedule of its

 2  regular meetings with the local governing authority or

 3  authorities.  The schedule shall include the date, time, and

 4  location of each scheduled meeting. The schedule shall be

 5  published quarterly, semiannually, or annually in a newspaper

 6  of general paid circulation in the manner required in this

 7  subsection. The governing body of an independent special

 8  district shall advertise the day, time, place, and purpose of

 9  any meeting other than a regular meeting or any recessed and

10  reconvened meeting of the governing body, at least 7 days

11  prior to such meeting, in a newspaper of general paid

12  circulation in the county or counties in which the special

13  district is located, unless a bona fide emergency situation

14  exists, in which case a meeting to deal with the emergency may

15  be held as necessary, with reasonable notice, so long as it is

16  subsequently ratified by the board. No approval of the annual

17  budget shall be granted at an emergency meeting.  The

18  advertisement shall be placed in that portion of the newspaper

19  where legal notices and classified advertisements appear.  The

20  advertisement shall appear in a newspaper that is published at

21  least 5 days a week, unless the only newspaper in the county

22  is published fewer than 5 days a week.  The newspaper selected

23  must be one of general interest and readership in the

24  community and not one of limited subject matter, pursuant to

25  chapter 50.  Any other provision of law to the contrary

26  notwithstanding, and except in the case of emergency meetings,

27  water management districts may provide reasonable notice of

28  public meetings held to evaluate responses to solicitations

29  issued by the water management district, by publication in a

30  newspaper of general paid circulation in the county where the

31  principal office of the water management district is located,

                                  4

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  or in the county or counties where the public work will be

 2  performed, no less than 7 days before such meeting.

 3         (2)  All meetings of the governing body of the special

 4  district shall be open to the public and governed by the

 5  provisions of chapter 286.

 6         (3)  Meetings of the governing body of the special

 7  district shall be held in a public building when available

 8  within the district, in a county courthouse of a county in

 9  which the district is located, or in a building in the county

10  accessible to the public.

11         Section 34.  Subsection (3) of section 190.004, Florida

12  Statutes, is amended, and subsection (4) is added to said

13  section, to read:

14         190.004  Preemption; sole authority.--

15         (3)  The establishment creation of an independent

16  community development district as provided in this act is not

17  a development order within the meaning of chapter 380.  All

18  governmental planning, environmental, and land development

19  laws, regulations, and ordinances apply to all development of

20  the land within a community development district. Community

21  development districts do not have the power of a local

22  government to adopt a comprehensive plan, building code, or

23  land development code, as those terms are defined in the Local

24  Government Comprehensive Planning and Land Development

25  Regulation Act.  A district shall take no action which is

26  inconsistent with applicable comprehensive plans, ordinances,

27  or regulations of the applicable local general-purpose

28  government.

29         (4)  The exclusive charter for a community development

30  district shall be the uniform community development district

31  charter as set forth in ss. 190.006 through 190.041, including

                                  5

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  the special powers provided by s. 190.012.

 2         Section 35.  Paragraph (e) of subsection (1) and

 3  subsection (3) of section 190.005, Florida Statutes, 1998

 4  Supplement, are amended to read:

 5         190.005  Establishment of district.--

 6         (1)  The exclusive and uniform method for the

 7  establishment of a community development district with a size

 8  of 1,000 acres or more shall be pursuant to a rule, adopted

 9  under chapter 120 by the Florida Land and Water Adjudicatory

10  Commission, granting a petition for the establishment of a

11  community development district.

12         (e)  The Florida Land and Water Adjudicatory Commission

13  shall consider the entire record of the local hearing, the

14  transcript of the hearing, resolutions adopted by local

15  general-purpose governments as provided in paragraph (c), and

16  the following factors and make a determination to grant or

17  deny a petition for the establishment of a community

18  development district:

19         1.  Whether all statements contained within the

20  petition have been found to be true and correct.

21         2.  Whether the establishment creation of the district

22  is inconsistent with any applicable element or portion of the

23  state comprehensive plan or of the effective local government

24  comprehensive plan.

25         3.  Whether the area of land within the proposed

26  district is of sufficient size, is sufficiently compact, and

27  is sufficiently contiguous to be developable as one functional

28  interrelated community.

29         4.  Whether the district is the best alternative

30  available for delivering community development services and

31  facilities to the area that will be served by the district.

                                  6

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1         5.  Whether the community development services and

 2  facilities of the district will be incompatible with the

 3  capacity and uses of existing local and regional community

 4  development services and facilities.

 5         6.  Whether the area that will be served by the

 6  district is amenable to separate special-district government.

 7         (3)  The governing body of any existing special

 8  district, created to provide one or more of the public

 9  improvements and community facilities authorized by this act,

10  may petition, pursuant to this act, for reestablishment of the

11  existing district as a community development district pursuant

12  to this act. The petition shall contain the information

13  specified in subparagraphs (1)(a)1., 3., 4., 5., 6., and 7.

14  and shall not require payment of a fee pursuant to paragraph

15  (1)(b). In such case, the new district so formed shall assume

16  the existing obligations, indebtedness, and guarantees of

17  indebtedness of the district so subsumed, and the existing

18  district shall be terminated.

19         Section 36.  Paragraph (b) of subsection (2) and

20  subsection (7) of section 190.006, Florida Statutes, are

21  amended to read:

22         190.006  Board of supervisors; members and meetings.--

23         (2)(a)  Within 90 days following the effective date of

24  the rule or ordinance establishing the district, there shall

25  be held a meeting of the landowners of the district for the

26  purpose of electing five supervisors for the district.  Notice

27  of the landowners' meeting shall be published once a week for

28  2 consecutive weeks in a newspaper which is in general

29  circulation in the area of the district, the last day of such

30  publication to be not fewer than 14 days or more than 28 days

31  before the date of the election.  The landowners, when

                                  7

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  assembled at such meeting, shall organize by electing a chair

 2  who shall conduct the meeting.

 3         (b)  At such meeting, each landowner shall be entitled

 4  to cast one vote per acre of land owned by him or her and

 5  located within the district for each person to be elected.  A

 6  landowner may vote in person or by proxy in writing. A

 7  fraction of an acre shall be treated as 1 acre, entitling the

 8  landowner to one vote with respect thereto.  The two

 9  candidates receiving the highest number of votes shall be

10  elected for a period of 4 years, and the three candidates

11  receiving the next largest number of votes shall be elected

12  for a period of 2 years. The members of the first board

13  elected by landowners shall serve their respective 4-year or

14  2-year terms; however, the next election by landowners shall

15  be held on the first Tuesday in November. Thereafter, there

16  shall be an election of supervisors for the district every 2

17  years on the first Tuesday in November on a date established

18  by the board and noticed pursuant to paragraph (a). The two

19  candidates receiving the highest number of votes shall be

20  elected to serve for a 4-year period, and the remaining

21  candidate elected shall serve for a 2-year period.

22         (7)  The board shall keep a permanent record book

23  entitled "Record of Proceedings of ...(name of district)...

24  Community Development District," in which shall be recorded

25  minutes of all meetings, resolutions, proceedings,

26  certificates, bonds given by all employees, and any and all

27  corporate acts.  The record book shall at reasonable times be

28  opened to inspection in the same manner as state, county, and

29  municipal records pursuant to chapter 119.  The record book

30  shall be kept at the office or other regular place of business

31  maintained by the board in the county or municipality in which

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  the district is located or within the boundaries of a

 2  development of regional impact or Florida Quality Development,

 3  or combination of a development of regional impact and Florida

 4  Quality Development, which includes the district.

 5         Section 37.  Subsection (1) of section 190.009, Florida

 6  Statutes, is amended to read:

 7         190.009  Disclosure of public financing.--

 8         (1)  The district shall take affirmative steps to

 9  provide for the full disclosure of information relating to the

10  public financing and maintenance of improvements to real

11  property undertaken by the district. Such information shall be

12  made available to all existing residents, and to all

13  prospective residents, of the district.  The district shall

14  furnish each developer of a residential development within the

15  district with sufficient copies of that information to provide

16  each prospective initial purchaser of property in that

17  development with a copy, and any developer of a residential

18  development within the district, when required by law to

19  provide a public offering statement, shall include a copy of

20  such information relating to the public financing and

21  maintenance of improvements in the public offering statement.

22         Section 38.  Subsection (6) of section 190.011, Florida

23  Statutes, is amended to read:

24         190.011  General powers.--The district shall have, and

25  the board may exercise, the following powers:

26         (6)  To maintain an office at such place or places as

27  it may designate within a county in which the district is

28  located or within the boundaries of a development of regional

29  impact or a Florida Quality Development, or a combination of a

30  development of regional impact and a Florida Quality

31  Development, which includes the district, which office must be

                                  9

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  reasonably accessible to the landowners. Meetings pursuant to

 2  s. 189.417(3) of a district within the boundaries of a

 3  development of regional impact or Florida Quality Development,

 4  or a combination of a development of regional impact and a

 5  Florida Quality Development, may be held at such office.

 6         Section 39.  Subsection (1) of section 190.012, Florida

 7  Statutes, is amended to read:

 8         190.012  Special powers; public improvements and

 9  community facilities.--The district shall have, and the board

10  may exercise, subject to the regulatory jurisdiction and

11  permitting authority of all applicable governmental bodies,

12  agencies, and special districts having authority with respect

13  to any area included therein, any or all of the following

14  special powers relating to public improvements and community

15  facilities authorized by this act:

16         (1)  To finance, fund, plan, establish, acquire,

17  construct or reconstruct, enlarge or extend, equip, operate,

18  and maintain systems, and facilities, and basic

19  infrastructures for the following basic infrastructures:

20         (a)  Water management and control for the lands within

21  the district and to connect some or any of such facilities

22  with roads and bridges.

23         (b)  Water supply, sewer, and wastewater management,

24  reclamation, and reuse or any combination thereof, and to

25  construct and operate connecting intercepting or outlet sewers

26  and sewer mains and pipes and water mains, conduits, or

27  pipelines in, along, and under any street, alley, highway, or

28  other public place or ways, and to dispose of any effluent,

29  residue, or other byproducts of such system or sewer system.

30         (c)  Bridges or culverts that may be needed across any

31  drain, ditch, canal, floodway, holding basin, excavation,

                                  10

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  public highway, tract, grade, fill, or cut and roadways over

 2  levees and embankments, and to construct any and all of such

 3  works and improvements across, through, or over any public

 4  right-of-way, highway, grade, fill, or cut.

 5         (d)1.  District roads equal to or exceeding the

 6  specifications of the county in which such district roads are

 7  located, and street lights.

 8         2.  Buses, trolleys, transit shelters, ridesharing

 9  facilities and services, parking improvements, and related

10  signage.

11         (e)  Conservation areas, mitigation areas, and wildlife

12  habitat, including the maintenance of any plant or animal

13  species, and any related interest in real or personal

14  property.

15         (f)(e)  Any other project within or without the

16  boundaries of a district when a local government issued a

17  development order pursuant to s. 380.06 or s. 380.061

18  approving or expressly requiring the construction or funding

19  of the project by the district, or when the project is the

20  subject of an agreement between the district and a

21  governmental entity and is consistent with the local

22  government comprehensive plan of the local government within

23  which the project is to be located.

24         Section 40.  Subsections (8) and (9) are added to

25  section 190.021, Florida Statutes, to read:

26         190.021  Taxes; non-ad valorem assessments.--

27         (8)  STATUS OF ASSESSMENTS.--Benefit special

28  assessments, maintenance special assessments, and special

29  assessments are non-ad valorem assessments as defined by s.

30  197.3632.

31         (9)  ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit

                                  11

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  special assessments and maintenance special assessments

 2  authorized by this section, and special assessments authorized

 3  by s. 190.022, shall constitute a lien on the property against

 4  which assessed from the date of imposition thereof until paid,

 5  co-equal with the lien of state, county, municipal, and school

 6  board taxes. These non-ad valorem assessments may be

 7  collected, at the district's discretion, by the tax collector

 8  pursuant to the provisions of s. 197.363 or s. 197.3632, or in

 9  accordance with other collection measures provided by law.

10         Section 41.  Section 190.022, Florida Statutes, is

11  amended to read:

12         190.022  Special assessments.--

13         (1)  The board may levy special assessments for the

14  construction, reconstruction, acquisition, or maintenance of

15  district facilities authorized under this chapter using the

16  procedures for levy and collection provided in chapter 170 or

17  chapter 197.

18         (2)  Notwithstanding the provisions of s. 170.09,

19  district assessments may be made payable in no more than 30 20

20  yearly installments.

21         Section 42.  Subsections (1) and (3) of section

22  190.033, Florida Statutes, are amended to read:

23         190.033  Bids required.--

24         (1)  No contract shall be let by the board for the

25  construction of any project authorized by this act, nor shall

26  any goods, supplies, or materials to be purchased, when the

27  amount thereof to be paid by the district shall exceed the

28  amount provided in s. 287.017 for category four $10,000,

29  unless notice of bids shall be advertised once in a newspaper

30  in general circulation in the county and in the district. Any

31  board seeking to construct or improve a public building,

                                  12

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  structure, or other public works shall comply with the bidding

 2  procedures of s. 255.20 and other applicable general law. In

 3  each case, the bid of the lowest responsive and responsible

 4  bidder shall be accepted unless all bids are rejected because

 5  the bids are too high, or the board determines it is in the

 6  best interests of the district to reject all bids.  The board

 7  may require the bidders to furnish bond with a responsible

 8  surety to be approved by the board.  Nothing in this section

 9  shall prevent the board from undertaking and performing the

10  construction, operation, and maintenance of any project or

11  facility authorized by this act by the employment of labor,

12  material, and machinery.

13         (3)  Contracts for maintenance services for any

14  district facility or project shall be subject to competitive

15  bidding requirements when the amount thereof to be paid by the

16  district exceeds the amount provided in s. 287.017(1) and (2)

17  for category four two.  The district shall adopt rules,

18  policies, or procedures establishing competitive bidding

19  procedures for maintenance services. Contracts for other

20  services shall not be subject to competitive bidding unless

21  the district adopts a rule, policy, or procedure applying

22  competitive bidding procedures to said contracts.

23         Section 43.  Paragraphs (e) and (f) of subsection (1)

24  and subsection (3) of section 190.046, Florida Statutes, are

25  amended to read:

26         190.046  Termination, contraction, or expansion of

27  district.--

28         (1)  The board may petition to contract or expand the

29  boundaries of a community development district in the

30  following manner:

31         (e)  In all cases, written consent of all the

                                  13

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  landowners whose land is to be added to or deleted from the

 2  district shall be required. The filing of the petition for

 3  expansion or contraction by the district board of supervisors

 4  shall constitute consent of the landowners within the district

 5  other than of landowners whose land is proposed to be added to

 6  or removed from the district.

 7         (f)1.  During the existence of a the district initially

 8  established by administrative rule, petitions to amend the

 9  boundaries of the district pursuant to paragraphs (a)-(e)

10  shall be limited to a cumulative total of no more than 10

11  percent of the land in the initial district, and in no event

12  shall all such petitions to amend the boundaries ever

13  encompass more than a total of 250 acres.

14         2.  For districts initially established by county or

15  municipal ordinance, the limitation provided by this paragraph

16  shall be a cumulative total of no more than 50 percent of the

17  land in the initial district, and in no event shall all such

18  petitions to amend the boundaries ever encompass more than a

19  total of 500 acres.

20         3.  Boundary expansions for districts initially

21  established by county or municipal ordinance shall follow the

22  procedure set forth in paragraph (b) or paragraph (c).

23         (3)  The district may merge with other community

24  development districts upon filing a petition for establishment

25  of a community development district pursuant to s. 190.005 or

26  may merge with any other special districts upon filing a

27  petition for establishment of a community development district

28  pursuant to s. 190.005.  The government formed by a merger

29  involving a community development district pursuant to this

30  section shall assume all indebtedness of, and receive title

31  to, all property owned by the preexisting special districts.

                                  14

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  Prior to filing said petition, the districts desiring to merge

 2  shall enter into a merger agreement and shall provide for the

 3  proper allocation of the indebtedness so assumed and the

 4  manner in which said debt shall be retired. The approval of

 5  the merger agreement by the board of supervisors elected by

 6  the electors of the district shall constitute consent of the

 7  landowners within the district.

 8         Section 44.  Section 190.048, Florida Statutes, is

 9  amended to read:

10         190.048  Sale of real estate within a district;

11  required disclosure to purchaser.--Subsequent to the

12  establishment creation of a district under this chapter, each

13  contract for the initial sale of a parcel of real property and

14  each contract for the initial sale of a residential unit

15  estate within the district shall include, immediately prior to

16  the space reserved in the contract for the signature of the

17  purchaser, the following disclosure statement in boldfaced and

18  conspicuous type which is larger than the type in the

19  remaining text of the contract: "THE ...(Name of

20  District)...COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY

21  IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS,

22  ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT.  THESE

23  TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND

24  MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF

25  THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF

26  THE DISTRICT.  THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO

27  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND

28  ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."

29         Section 45.  Section 190.0485, Florida Statutes, is

30  created to read:

31         190.0485  Notice of establishment.--Within 30 days

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  after the effective date of a rule or ordinance establishing a

 2  community development district under this act, the district

 3  shall cause to be recorded in the property records in the

 4  county in which it is located a "Notice of Establishment of

 5  the      Community Development District."  The notice shall,

 6  at a minimum, include the legal description of the district

 7  and a copy of the disclosure statement specified in s.

 8  190.048.

 9         Section 46.  Each community development district in

10  existence on the effective date of this act shall record a

11  notice of establishment as specified in s. 190.0485, Florida

12  Statutes, as created by this act, within 90 days after that

13  date, unless the district has previously recorded a notice

14  that meets the requirements set forth in that section.

15         Section 47.  (1)  Section 190.049, Florida Statutes, is

16  amended to read:

17         190.049  Special acts prohibited.--Pursuant to s.

18  11(a)(21), Art. III of the State Constitution, there shall be

19  no special law or general law of local application creating an

20  independent special district which has the powers enumerated

21  in two or more of the paragraphs contained in s. 190.012,

22  unless such district is created pursuant to the provisions of

23  s. 189.404.

24         (2)  This section shall take effect upon this act

25  becoming a law, if passed by a three-fifths vote of the

26  membership of each house.

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 64, line 14, of the amendment

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1  after the semicolon insert:

 2         amending s. 170.09, F.S.; providing an

 3         increased period for payment of special

 4         assessments; amending s. 189.4031, F.S.;

 5         providing that community development districts

 6         established pursuant to ch. 190, F.S., shall be

 7         deemed in compliance with certain charter

 8         requirements;  189.405, F.S.; authorizing the

 9         Department of Community Affairs to provide

10         education programs for district board members;

11         authorizing a district board, at its

12         discretion, to pay such education costs and

13         providing for fee waiver; amending s. 189.412,

14         F.S.; authorizing the Special District

15         Information Program to provide assistance for

16         certain conferences; amending s. 189.417, F.S.;

17         authorizing water management districts to

18         provide certain notice of public meetings held

19         to evaluate responses to solicitations issued

20         by the water management district by publication

21         in certain newspapers; amending s. 190.004,

22         F.S.; specifying requirements for the charter

23         of a community development district; amending

24         s. 190.005, F.S.; providing requirements for

25         the petition to reestablish an existing special

26         district as a community development district;

27         revising language with respect to establishment

28         of such districts; amending ss. 190.006 and

29         190.011, F.S.; revising requirements relating

30         to the date of the election for the board of

31         supervisors of such districts; revising

                                  17

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1         requirements relating to the location of the

 2         office of such a district; authorizing the

 3         holding of meetings at such office for certain

 4         districts; amending s. 190.009, F.S.; revising

 5         requirements relating to provision of the

 6         disclosure of public financing by such

 7         districts to prospective purchasers of real

 8         property; amending s. 190.012, F.S.; revising

 9         and expanding the powers of such districts;

10         amending s. 190.021, F.S.; specifying the

11         status of special assessments imposed by such

12         districts; specifying that such assessments

13         constitute a lien against the property;

14         providing for collection thereof; amending s.

15         190.022, F.S.; revising requirements relating

16         to special assessments for construction,

17         acquisition, or maintenance of district

18         facilities; amending s. 190.033, F.S.; revising

19         bid requirements for the purchase of goods and

20         the construction or improvement of public works

21         and for contracts for maintenance services;

22         amending s. 190.046, F.S.; revising

23         requirements relating to consent to a change in

24         the boundaries of such districts and

25         limitations on such boundary changes; providing

26         that approval of a proposed merger of community

27         development districts by an elected board of

28         supervisors constitutes approval by the

29         landowners of the district; amending s.

30         190.048, F.S.; revising requirements relating

31         to the required disclosure to purchasers of

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                                                   HOUSE AMENDMENT

                                    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No. 01a (for drafter's use only)





 1         real estate within a district; creating s.

 2         190.0485, F.S.; requiring such districts to

 3         record a notice of establishment; providing for

 4         application to existing districts; amending s.

 5         190.049, F.S.; providing an exception to the

 6         prohibition against special laws or general

 7         laws of local application creating an

 8         independent special district having two or more

 9         of a community development district's special

10         powers enumerated in s. 190.012, F.S.;

11

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