Senate Bill 2456c1

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



    Florida Senate - 1999                           CS for SB 2456

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Rossin




    316-2100-99

  1                      A bill to be entitled

  2         An act relating to special districts; amending

  3         s. 189.4031, F.S.; providing that community

  4         development districts established pursuant to

  5         ch. 190, F.S., shall be deemed in compliance

  6         with certain charter requirements; amending s.

  7         189.405, F.S.; requiring newly elected or

  8         appointed special district board members to

  9         complete an educational course conducted by the

10         Florida Association of Special Districts and

11         providing requirements with respect thereto;

12         providing requirements with respect to fees;

13         amending s. 189.412, F.S.; providing that the

14         Special District Information Program may assist

15         with the association's annual conference;

16         amending s. 190.004, F.S.; specifying

17         requirements for the charter of a community

18         development district; amending s. 190.005,

19         F.S.; providing requirements for the petition

20         to reestablish an existing special district as

21         a community development district; revising

22         language with respect to establishment of such

23         districts; amending ss. 190.006 and 190.011,

24         F.S.; revising requirements relating to the

25         date of the election for the board of

26         supervisors of such districts; revising

27         requirements relating to the location of the

28         office of such a district; authorizing the

29         holding of meetings at such office for certain

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

31         requirements relating to provision of the

                                  1

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         disclosure of public financing by such

  2         districts to prospective purchasers of real

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

  4         and expanding the powers of such districts;

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

  6         status of special assessments imposed by such

  7         districts; specifying that such assessments

  8         constitute a lien against the property;

  9         providing for collection thereof; amending s.

10         190.022, F.S.; revising requirements relating

11         to special assessments for construction,

12         acquisition, or maintenance of district

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

14         bid requirements for the purchase of goods and

15         the construction or improvement of public works

16         and for contracts for maintenance services;

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

18         requirements relating to consent to a change in

19         the boundaries of such districts and

20         limitations on such boundary changes; providing

21         that approval of a proposed merger of community

22         development districts by an elected board of

23         supervisors constitutes approval by the

24         landowners of the district; amending s.

25         190.048, F.S.; revising requirements relating

26         to the required disclosure to purchasers of

27         real estate within a district; creating s.

28         190.0485, F.S.; requiring such districts to

29         record a notice of establishment; providing for

30         application to existing districts; amending s.

31         190.049, F.S.; providing an exception to the

                                  2

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         prohibition against special laws or general

  2         laws of local application creating an

  3         independent special district having two or more

  4         of a community development district's special

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

  6         providing an effective date.

  7

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

  9

10         Section 1.  Subsection (2) of section 189.4031, Florida

11  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 2.  Subsections (5) and (6) of section 189.405,

25  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)  Beginning August 1, 2000, all newly elected or

31  appointed members of district boards, as identified by the

                                  3

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  Division of Elections of the Department of State, shall

  2  complete, at a minimum, 6 hours of elected officials'

  3  education courses within the first calendar year of election

  4  or appointment. The department shall assist the Florida

  5  Association of Special Districts, or its successor, in

  6  conducting the education program at its annual conference.

  7  This education program, in conjunction with the annual

  8  conference, shall include, but is not limited to, courses on

  9  the code of ethics for public officers and employees, public

10  meetings and public records requirements, public finance, and

11  parliamentary procedure. Course content may be offered by

12  means of the following: videotapes, live seminars, workshops,

13  conferences, teleconferences, computer-based training,

14  multimedia presentations, or other available instructional

15  methods. Members unable to attend the conference may fulfill

16  this requirement by viewing a videotape of the course or

17  accessing the course through some other medium. Content of the

18  course and the media employed shall be decided by the Florida

19  Association of Special Districts, or its successor. It shall

20  be the responsibility of each member to demonstrate compliance

21  with this education requirement by filing with the district

22  clerk or secretary a course completion statement, signed by

23  the course provider, within 30 days of completing the

24  education program. Any member who fails to show compliance

25  within the first calendar year of election or appointment

26  shall not be entitled to vote on district matters until the

27  requirement is satisfied.

28         (b)1.  Fees, if any, paid by participants at the annual

29  conference shall include any costs associated with the

30  education program.

31

                                  4

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         2.  An individual district board, at its discretion,

  2  may bear the costs associated with educating its members.

  3  Board members of districts which have qualified for a zero

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

  5  189.427 shall not be required to pay a fee for the education

  6  program.

  7         (c)  This subsection does not apply to special district

  8  governing board members who are also elected governing board

  9  members of local general-purpose governments, members of the

10  judiciary, or nonvoting appointees.

11         Section 3.  Subsection (7) of section 189.412, Florida

12  Statutes, is amended to read:

13         189.412  Special District Information Program; duties

14  and responsibilities.--The Special District Information

15  Program of the Department of Community Affairs is created and

16  has the following special duties:

17         (7)  The provision of assistance related to and

18  appropriate in the performance of requirements specified in

19  this chapter, including assisting with an annual conference

20  sponsored by the Florida Association of Special Districts or

21  its successor.

22         Section 4.  Subsection (3) of section 190.004, Florida

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

24  section, to read:

25         190.004  Preemption; sole authority.--

26         (3)  The establishment creation of an independent

27  community development district as provided in this act is not

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

29  governmental planning, environmental, and land development

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

31  the land within a community development district. Community

                                  5

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  development districts do not have the power of a local

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

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

  4  Government Comprehensive Planning and Land Development

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

  6  inconsistent with applicable comprehensive plans, ordinances,

  7  or regulations of the applicable local general-purpose

  8  government.

  9         (4)  The exclusive charter for a community development

10  district shall be the uniform community development district

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

12  the special powers provided by s. 190.012.

13         Section 5.  Paragraph (e) of subsection (1) and

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

15  Supplement, are amended to read:

16         190.005  Establishment of district.--

17         (1)  The exclusive and uniform method for the

18  establishment of a community development district with a size

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

20  under chapter 120 by the Florida Land and Water Adjudicatory

21  Commission, granting a petition for the establishment of a

22  community development district.

23         (e)  The Florida Land and Water Adjudicatory Commission

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

25  transcript of the hearing, resolutions adopted by local

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

27  the following factors and make a determination to grant or

28  deny a petition for the establishment of a community

29  development district:

30         1.  Whether all statements contained within the

31  petition have been found to be true and correct.

                                  6

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         2.  Whether the establishment creation of the district

  2  is inconsistent with any applicable element or portion of the

  3  state comprehensive plan or of the effective local government

  4  comprehensive plan.

  5         3.  Whether the area of land within the proposed

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

  7  is sufficiently contiguous to be developable as one functional

  8  interrelated community.

  9         4.  Whether the district is the best alternative

10  available for delivering community development services and

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

12         5.  Whether the community development services and

13  facilities of the district will be incompatible with the

14  capacity and uses of existing local and regional community

15  development services and facilities.

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

17  district is amenable to separate special-district government.

18         (3)  The governing body of any existing special

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

20  improvements and community facilities authorized by this act,

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

22  existing district as a community development district pursuant

23  to this act. The petition shall contain the information

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

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

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

27  the existing obligations, indebtedness, and guarantees of

28  indebtedness of the district so subsumed, and the existing

29  district shall be terminated.

30

31

                                  7

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         Section 6.  Paragraph (b) of subsection (2) and

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

  3  amended to read:

  4         190.006  Board of supervisors; members and meetings.--

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

  6  the rule or ordinance establishing the district, there shall

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

  8  purpose of electing five supervisors for the district.  Notice

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

10  2 consecutive weeks in a newspaper which is in general

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

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

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

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

15  who shall conduct the meeting.

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

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

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

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

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

21  landowner to one vote with respect thereto.  The two

22  candidates receiving the highest number of votes shall be

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

24  receiving the next largest number of votes shall be elected

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

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

27  2-year terms; however, the next election by landowners shall

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

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

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

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

                                  8

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  candidates receiving the highest number of votes shall be

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

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

  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  or combination of a development of regional impact and Florida

17  Quality Development, which includes the district.

18         Section 7.  Subsection (1) of section 190.009, Florida

19  Statutes, is amended to read:

20         190.009  Disclosure of public financing.--

21         (1)  The district shall take affirmative steps to

22  provide for the full disclosure of information relating to the

23  public financing and maintenance of improvements to real

24  property undertaken by the district. Such information shall be

25  made available to all existing residents, and to all

26  prospective residents, of the district.  The district shall

27  furnish each developer of a residential development within the

28  district with sufficient copies of that information to provide

29  each prospective initial purchaser of property in that

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

31  development within the district, when required by law to

                                  9

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




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

  2  such information relating to the public financing and

  3  maintenance of improvements in the public offering statement.

  4         Section 8.  Subsection (6) of section 190.011, Florida

  5  Statutes, is amended to read:

  6         190.011  General powers.--The district shall have, and

  7  the board may exercise, the following powers:

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

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

10  located or within the boundaries of a development of regional

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

12  development of regional impact and a Florida Quality

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

14  reasonably accessible to the landowners. Meetings pursuant to

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

16  development of regional impact or Florida Quality Development,

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

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

19         Section 9.  Subsection (1) of section 190.012, Florida

20  Statutes, is amended to read:

21         190.012  Special powers; public improvements and

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

23  may exercise, subject to the regulatory jurisdiction and

24  permitting authority of all applicable governmental bodies,

25  agencies, and special districts having authority with respect

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

27  special powers relating to public improvements and community

28  facilities authorized by this act:

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

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

31

                                  10

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  and maintain systems, and facilities, and basic

  2  infrastructures for the following basic infrastructures:

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

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

  5  with roads and bridges.

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

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

  8  construct and operate connecting intercepting or outlet sewers

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

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

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

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

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

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

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

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

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

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

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

20  specifications of the county in which such district roads are

21  located, and street lights.

22         2.  Buses, trolleys, transit shelters, ridesharing

23  facilities and services, parking improvements, and related

24  signage.

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

26  habitat, including the maintenance of any plant or animal

27  species, and any related interest in real or personal

28  property.

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

30  boundaries of a district when a local government issued a

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

                                  11

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  approving or expressly requiring the construction or funding

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

  3  subject of an agreement between the district and a

  4  governmental entity and is consistent with the local

  5  government comprehensive plan of the local government within

  6  which the project is to be located.

  7         Section 10.  Subsections (8) and (9) are added to

  8  section 190.021, Florida Statutes, to read:

  9         190.021  Taxes; non-ad valorem assessments.--

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

11  assessments, maintenance special assessments, and special

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

13  197.3632.

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

15  special assessments and maintenance special assessments

16  authorized by this section, and special assessments authorized

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

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

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

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

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

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

23  accordance with other collection measures provided by law.

24         Section 11.  Section 190.022, Florida Statutes, is

25  amended to read:

26         190.022  Special assessments.--

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

28  construction, reconstruction, acquisition, or maintenance of

29  district facilities authorized under this chapter using the

30  procedures for levy and collection provided in chapter 170 or

31  chapter 197.

                                  12

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  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 12.  Subsections (1) and (3) of section

  5  190.033, 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 shall exceed the

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

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

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

14  board seeking to construct or improve a public building,

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

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

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

18  bidder shall be accepted unless all bids are rejected because

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

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

21  may require the bidders to furnish bond with a responsible

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

23  shall prevent the board from undertaking and performing the

24  construction, operation, and maintenance of any project or

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

26  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,

                                  13

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  policies, 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 said contracts.

  6         Section 13.  Paragraphs (e) and (f) of subsection (1)

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

  8  amended to read:

  9         190.046  Termination, contraction, or expansion of

10  district.--

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

12  boundaries of a community development district in the

13  following manner:

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

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

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

17  expansion or contraction by the district board of supervisors

18  shall constitute consent of the landowners within the district

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

20  or removed from the district.

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

22  established by administrative rule, petitions to amend the

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

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

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

26  shall all such petitions to amend the boundaries ever

27  encompass more than a total of 250 acres.

28         2.  For districts initially established by county or

29  municipal ordinance, the limitation provided by this paragraph

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

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

                                  14

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  petitions to amend the boundaries ever encompass more than a

  2  total of 500 acres.

  3         3.  Boundary expansions for districts initially

  4  established by county or municipal ordinance shall follow the

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

  6         (3)  The district may merge with other community

  7  development districts upon filing a petition for establishment

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

  9  may merge with any other special districts upon filing a

10  petition for establishment of a community development district

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

12  involving a community development district pursuant to this

13  section shall assume all indebtedness of, and receive title

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

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

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

17  proper allocation of the indebtedness so assumed and the

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

19  the merger agreement by the board of supervisors elected by

20  the electors of the district shall constitute consent of the

21  landowners within the district.

22         Section 14.  Section 190.048, Florida Statutes, is

23  amended to read:

24         190.048  Sale of real estate within a district;

25  required disclosure to purchaser.--Subsequent to the

26  establishment creation of a district under this chapter, each

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

28  each contract for the initial sale of a residential unit

29  estate within the district shall include, immediately prior to

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

31  purchaser, the following disclosure statement in boldfaced and

                                  15

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1  conspicuous type which is larger than the type in the

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

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

  4  IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS,

  5  ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT.  THESE

  6  TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND

  7  MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF

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

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

10  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND

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

12         Section 15.  Section 190.0485, Florida Statutes, is

13  created to read:

14         190.0485  Notice of establishment.--Within 30 days

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

16  community development district under this act, the district

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

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

19  the      Community Development District."  The notice shall,

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

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

22  190.048.

23         Section 16.  Each community development district in

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

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

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

27  date, unless the district has previously recorded a notice

28  that meets the requirements set forth in that section.

29         Section 17.  (1)  Section 190.049, Florida Statutes, is

30  amended to read:

31

                                  16

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1         190.049  Special acts prohibited.--Pursuant to s.

  2  11(a)(21), Art. III of the State Constitution, there shall be

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

  4  independent special district which has the powers enumerated

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

  6  unless such district is created pursuant to the provisions of

  7  s. 189.404.

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

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

10  membership of each house.

11         Section 18.  This act shall take effect upon becoming a

12  law.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  17

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






    Florida Senate - 1999                           CS for SB 2456
    316-2100-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2456

  3

  4  Provides that the Department of Community Affairs will assist
    the Association of Special Districts in conducting an
  5  education program for new community development district (CDD)
    supervisors and that supervisors who fail to comply with the
  6  requirement are prohibited from voting on district matters
    until they have satisfied the requirement.
  7
    Qualifies that the exclusive charter for a CDD includes the
  8  special powers authorized by s. 190.12, F.S.

  9  Provides that the election of the board of supervisors shall
    be every 2 years in November on a date established by the
10  board (rather than on the first Tuesday in November) which is
    noticed.
11
    Allows meetings of the district to be held at the office of
12  the CDD even when such office is not located within a county
    where the district is located as long as the office is located
13  within the boundaries of a development of regional impact or a
    Florida Quality Development, or a combination of a development
14  of regional impact and a Florida Quality Development.

15  Raises the threshold for the requirement of the competitive
    bidding of construction and improvement of public buildings
16  and contracts for maintenance services to $60,000.

17  Qualifies that the consent of the landowners whose land is
    proposed to be added or removed from the district is required
18  as part of a petition for expansion or contraction of an
    existing CDD while the consent of landowners within the
19  existing boundaries of the CDD is not required. In addition,
    the board of a CDD is authorized to approve the merger of two
20  CDDs without approval of 100 percent of the landowners within
    the existing districts.
21

22

23

24

25

26

27

28

29

30

31

                                  18