Senate Bill 2456

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



    Florida Senate - 1999                                  SB 2456

    By Senator Rossin





    35-1586A-99

  1                      A bill to be entitled

  2         An act relating to special districts; amending

  3         s. 190.004, F.S.; providing that ss.

  4         190.006-190.041, F.S., constitute the exclusive

  5         charter for such districts; amending s.

  6         190.005, F.S.; prescribing requirements for

  7         reestablishment of existing special districts

  8         as community development districts; amending s.

  9         190.006, F.S.; prescribing location where

10         records of community development districts may

11         be kept; amending s. 190.009, F.S.; revising

12         requirements relating to disclosure of public

13         financing; amending s. 190.011, F.S.; revising

14         requirements for location of district office;

15         amending s. 190.012, F.S.; prescribing

16         additional powers of districts; amending s.

17         190.021, F.S.; providing that certain

18         assessments are non-ad valorem assessments;

19         providing for the collection of such

20         assessments; providing that such assessments

21         constitute liens on the property against which

22         assessed; amending s. 190.022, F.S.; revising

23         procedures for assessment and collection of

24         special assessments; amending s. 190.033, F.S.;

25         revising procedures for bidding for district

26         projects; amending s. 190.046, F.S.; revising

27         procedures and guidelines for expansion or

28         contraction of district boundaries; amending s.

29         190.048, F.S.; revising requirements for notice

30         upon sale of property within a district;

31         creating s. 190.0485, F.S.; requiring a

                                  1

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1         district to record notice of its establishment;

  2         requiring certain preexisting districts to

  3         record such notice; amending s. 190.049, F.S.;

  4         revising the prohibition against special acts

  5         and general acts of local application that

  6         create certain special districts; amending s.

  7         189.4031, F.S.; providing that community

  8         development districts are in conformity with

  9         certain requirements applicable to independent

10         special districts; amending s. 189.405, F.S.;

11         requiring education courses for certain public

12         officials; providing an effective date and a

13         contingent effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 190.004, Florida Statutes, is

18  amended to read:

19         190.004  Preemption; sole authority; statutory

20  charter.--

21         (1)  This act constitutes the sole authorization for

22  the future establishment of independent community development

23  districts which have any of the specialized functions and

24  powers provided by this act.

25         (2)  This act does not affect any community development

26  district or other special district existing on June 29, 1984;

27  and existing community development districts will continue to

28  be subject to the provisions of chapter 80-407, Laws of

29  Florida.

30         (3)  The creation of an independent community

31  development district as provided in this act is not a

                                  2

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  development order within the meaning of chapter 380.  All

  2  governmental planning, environmental, and land development

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

  4  the land within a community development district. Community

  5  development districts do not have the power of a local

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

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

  8  Government Comprehensive Planning and Land Development

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

10  inconsistent with applicable comprehensive plans, ordinances,

11  or regulations of the applicable local general-purpose

12  government.

13         (4)  The exclusive charter for a community development

14  district shall be the uniform community development district

15  charter set forth in ss. 190.006-190.041.

16         Section 2.  Subsection (3) of section 190.005, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         190.005  Establishment of district.--

19         (3)  The governing body of any existing special

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

21  improvements and community facilities authorized by this act,

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

23  existing district as a community development district pursuant

24  to this act. The petition must contain the information

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

26  and the fee prescribed in paragraph (1)(b) is not required. In

27  such case, the new district so formed shall assume the

28  existing obligations, indebtedness, and guarantees of

29  indebtedness of the district so subsumed, and the existing

30  district shall be terminated.

31

                                  3

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1         Section 3.  Subsection (7) of section 190.006, Florida

  2  Statutes, is amended to read:

  3         190.006  Board of supervisors; members and meetings.--

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

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

  6  Community Development District," in which shall be recorded

  7  minutes of all meetings, resolutions, proceedings,

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

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

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

11  municipal records pursuant to chapter 119.  The record book

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

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

14  the district is located or within the boundaries of a

15  development of regional impact or Florida Quality Development

16  that includes the district.

17         Section 4.  Subsection (1) of section 190.009, Florida

18  Statutes, is amended to read:

19         190.009  Disclosure of public financing.--

20         (1)  The district shall take affirmative steps to

21  provide for the full disclosure of information relating to the

22  public financing and maintenance of improvements to real

23  property undertaken by the district. Such information shall be

24  made available to all existing residents, and to all

25  prospective residents, of the district.  The district shall

26  furnish each developer of a residential development within the

27  district with sufficient copies of that information to provide

28  each prospective initial purchaser of property in that

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

30  development within the district, when required by law to

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

                                  4

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  such information relating to the public financing and

  2  maintenance of improvements in the public offering statement.

  3         Section 5.  Subsection (6) of section 190.011, Florida

  4  Statutes, is amended to read:

  5         190.011  General powers.--The district shall have, and

  6  the board may exercise, the following powers:

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

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

  9  located or within the boundaries of a development of regional

10  impact or Florida Quality Development that includes the

11  district, which office must be reasonably accessible to the

12  landowners.

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

14  Statutes, is amended to read:

15         190.012  Special powers; public improvements and

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

17  may exercise, subject to the regulatory jurisdiction and

18  permitting authority of all applicable governmental bodies,

19  agencies, and special districts having authority with respect

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

21  special powers relating to public improvements and community

22  facilities authorized by this act:

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

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

25  and maintain systems, and facilities, and basic

26  infrastructures for the following basic infrastructures:

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

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

29  with roads and bridges.

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

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

                                  5

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  construct and operate connecting intercepting or outlet sewers

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

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

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

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

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

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

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

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

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

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

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

13  specifications of the county in which such district roads are

14  located, and street lights.

15         2.  Buses, trolleys, transit shelters, ridesharing

16  facilities and services, parking improvements, and related

17  signage.

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

19  habitat, including the maintenance of any plant or animal

20  species, and any related interest in real or personal

21  property.

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

23  boundaries of a district when a local government issued a

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

25  approving or expressly requiring the construction or funding

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

27  subject of an agreement between the district and a

28  governmental entity and is consistent with the local

29  government comprehensive plan of the local government within

30  which the project is to be located.

31

                                  6

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1         Section 7.  Subsections (8) and (9) are added to

  2  section 190.021, Florida Statutes, to read:

  3         190.021  Taxes; non-ad valorem assessments.--

  4         (8)  NON-AD VALOREM ASSESSMENTS.--Benefit special

  5  assessments, maintenance special assessments, and special

  6  assessments are non-ad valorem assessments as defined in s.

  7  197.3632.

  8         (9)  ASSESSMENTS AS LIENS.--Benefit special assessments

  9  and maintenance special assessments authorized by this section

10  and special assessments authorized in s. 190.022 shall

11  constitute a lien on the property against which assessed from

12  the date of imposition thereof until paid, coequal with the

13  lien of state, county, municipal, and school district taxes.

14  These non-ad valorem assessments may be collected, at the

15  district's discretion, by the tax collector pursuant to s.

16  197.363, s. 197.3631, or s. 197.3632 or in accordance with

17  other collection measures provided by law. Compensation to the

18  tax collector for the necessary administrative costs and costs

19  of collection of the district's non-ad valorem assessments

20  shall be calculated pursuant to s. 192.091(2)(b)2. if

21  collected by the tax collector under any collection measure

22  provided by law.

23         Section 8.  Section 190.022, Florida Statutes, is

24  amended to read:

25         190.022  Special assessments.--

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

27  construction, reconstruction, acquisition, or maintenance of

28  district facilities authorized under this chapter using the

29  procedures for levy and collection provided in chapter 170 or

30  chapter 197.

31

                                  7

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




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

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

  3  yearly installments.

  4         Section 9.  Subsections (1) and (3) of section 190.033,

  5  Florida Statutes, are amended to read:

  6         190.033  Bids required.--

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

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

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

10  amount thereof to be paid by the district exceeds the amount

11  provided in s. 287.017(1) and (2) for category four shall

12  exceed $10,000, unless notice of bids shall be advertised once

13  in a newspaper in general circulation in the county and in the

14  district. Any board seeking to construct or improve a public

15  building or structure or other public work must comply with

16  the bidding procedures of s. 255.20 and other applicable

17  general law. In each case, the bid of the lowest responsive

18  and responsible bidder shall be accepted unless all bids are

19  rejected because the bids are too high, or the board

20  determines it is in the best interests of the district to

21  reject all bids.  The board may require the bidders to furnish

22  bond with a responsible surety to be approved by the board.

23  Nothing in this section shall prevent the board from

24  undertaking and performing the construction, operation, and

25  maintenance of any project or facility authorized by this act

26  by the employment of labor, material, and machinery.

27         (3)  Contracts for maintenance services for any

28  district facility or project shall be subject to competitive

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

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

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

                                  8

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  policy, or procedures establishing competitive bidding

  2  procedures for maintenance services. Contracts for other

  3  services shall not be subject to competitive bidding unless

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

  5  competitive bidding procedures to such said contracts.

  6         Section 10.  Paragraphs (e) and (f) of subsection (1)

  7  of section 190.046, Florida Statutes, are amended to read:

  8         190.046  Termination, contraction, or expansion of

  9  district.--

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

11  boundaries of a community development district in the

12  following manner:

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

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

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

16  expansion by the district board of supervisors constitutes

17  consent of the landowners within the community development

18  district.

19         (f)1.  During the existence of the district initially

20  established by administrative rule, petitions to amend the

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

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

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

24  shall all such petitions to amend the boundaries ever

25  encompass more than a total of 250 acres.

26         2.  For districts initially established by county or

27  municipal ordinance, the limitation shall be a cumulative

28  total of no more than 50 percent of land in the initial

29  district, and in no event may all such petitions to amend the

30  boundaries encompass more than 500 acres.

31

                                  9

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1         3.  Boundary expansions for districts initially

  2  established by county or municipal ordinance must follow the

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

  4         Section 11.  Section 190.048, Florida Statutes, is

  5  amended to read:

  6         190.048  Sale of real estate within a district;

  7  required disclosure to purchaser.--Subsequent to the

  8  establishment creation of a district under this chapter, each

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

10  each contract for the initial sale of a residential unit real

11  estate within the district shall include, immediately prior to

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

13  purchaser, the following disclosure statement in boldfaced and

14  conspicuous type which is larger than the type in the

15  remaining text of the contract: "THE ...(Name of District)...

16  COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY IMPOSES

17  TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS

18  PROPERTY THROUGH A SPECIAL TAXING DISTRICT.  THESE TAXES AND

19  ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE

20  COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE

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

22  DISTRICT.  THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO

23  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND

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

25         Section 12.  Section 190.0485, Florida Statutes, is

26  created to read:

27         190.0485  Notice of establishment.--Within 30 days

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

29  community development district under this chapter, the

30  district shall cause to be recorded in the property records of

31  the county in which it is located a "Notice of the

                                  10

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  Establishment of the .......... Community Development

  2  District." The notice must, at a minimum, include the legal

  3  description of the district and a copy of the disclosure

  4  statement specified in s. 190.048.

  5         Section 13.  Each community development district in

  6  existence on July 1, 1999, shall record a notice of

  7  establishment described in section 190.0485, Florida Statutes,

  8  as created by this act, within 90 days after that date unless

  9  the district has previously recorded a notice that meets the

10  requirements of that section.

11         Section 14.  Section 190.049, Florida Statutes, is

12  amended to read:

13         190.049  Special acts prohibited.--Pursuant to s.

14  11(a)(21), Art. III of the State Constitution, there shall be

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

16  independent special district which has the powers enumerated

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

18  unless such district is created pursuant to s. 189.404.

19         Section 15.  Subsection (2) of section 189.4031,

20  Florida Statutes, is amended to read:

21         189.4031  Special districts; creation, dissolution, and

22  reporting requirements; charter requirements.--

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

24  ordinance of a local government to the contrary, any

25  independent special district charter enacted after the

26  effective date of this section shall contain the information

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

28  charter for a community development district is the statutory

29  charter contained in ss. 190.006-190.041, community

30  development districts established after July 1, 1980, pursuant

31

                                  11

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1  to chapter 190 shall be deemed in compliance with the

  2  requirement of this subsection.

  3         Section 16.  Subsection (7) is added to section

  4  189.405, Florida Statutes, 1998 Supplement, to read:

  5         189.405  Elections; general requirements and

  6  procedures.--

  7         (7)  All newly elected or appointed members of district

  8  boards must complete, at a minimum, 6 hours of elected

  9  officials education within the first calendar year after

10  election or appointment. An educational course shall be

11  conducted by the department in cooperation with the Florida

12  Association of Special Districts or its successor and must

13  include, but is not limited to, courses on the Public

14  Officials' Code of Ethics, government in the sunshine, public

15  records laws, public finance, and parliamentary procedure.

16  Certification of completion of education requirements shall be

17  filed with the district clerk or secretary. Any member who

18  fails to certify completion within the first calendar year

19  after election or appointment may not vote on district matters

20  until the requirements are satisfied. This subsection does not

21  apply to special district governing board members who are also

22  elected members of the governing body of a local

23  general-purpose government, members of the judiciary, members

24  of the governing board of a water management district under

25  chapter 373, or nonvoting appointees.

26         Section 17.  This act shall take effect July 1, 1999,

27  except that the amendment to section 190.049, Florida

28  Statutes, shall not take effect unless this act is enacted by

29  a three-fifths vote of the membership of each house of the

30  Legislature.

31

                                  12

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






    Florida Senate - 1999                                  SB 2456
    35-1586A-99




  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various provisions relating to the creation,
      powers, and duties of community development and other
  4    special districts. (See bill for details.)

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  13