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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Rossin moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 12, between lines 25 and 26,

15

16  insert:

17         Section 8.  Section 170.09, Florida Statutes, is

18  amended to read:

19         170.09  Priority of lien; interest; and method of

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

21  and in the manner stipulated in the resolution providing for

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

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

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

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

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

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

28  which the improvement bonds authorized pursuant to this

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

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

31  resolution aforesaid and only for capital outlay projects, be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  30 20 years, notwithstanding any special act to the contrary,

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

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

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

 6  days after the improvement is completed and a resolution

 7  accepting the same has been adopted by the governing

 8  authority.

 9         Section 9.  Subsection (2) of section 170.201, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         170.201  Special assessments.--

12         (2)  Property owned or occupied by a religious

13  institution and used as a place of worship or education; by a

14  public or private elementary, middle, or high school; or by a

15  governmentally financed, insured, or subsidized housing

16  facility that is used primarily for persons who are elderly or

17  disabled shall be exempt from any special assessment levied by

18  a municipality to fund any service emergency medical services

19  if the municipality so desires.  As used in this subsection,

20  the term "religious institution" means any church, synagogue,

21  or other established physical place for worship at which

22  nonprofit religious services and activities are regularly

23  conducted and carried on and the term "governmentally

24  financed, insured, or subsidized housing facility" means a

25  facility that is financed by a mortgage loan made or insured

26  by the United States Department of Housing and Urban

27  Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 232,

28  or s. 236 of the National Housing Act and is owned or operated

29  by an entity that qualifies as an exempt charitable

30  organization under s. 501(c)(3) of the Internal Revenue Code.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  Florida Statutes, is amended to read:

 2         189.4031  Special districts; creation, dissolution, and

 3  reporting requirements; charter requirements.--

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

 5  ordinance of a local government to the contrary, any

 6  independent special district charter enacted after the

 7  effective date of this section shall contain the information

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

 9  charter for a community development district is the statutory

10  charter contained in ss. 190.006 through 190.041, community

11  development districts established after July 1, 1980, pursuant

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

13  with this requirement.

14         Section 11.  Subsections (5) and (6) of section

15  189.405, Florida Statutes, 1998 Supplement, are renumbered as

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

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

18         189.405  Elections; general requirements and

19  procedures.--

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

21  assist in conducting education programs, as its budget

22  permits, for all newly elected or appointed members of

23  district boards. The education programs must include, but are

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

25  officers and employees, public meetings and public records

26  requirements, public finance, and parliamentary procedure.

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

28  videotapes, live seminars, workshops, conferences,

29  teleconferences, computer-based training, multimedia

30  presentations, or other available instructional methods.

31         (b)  An individual district board may bear the costs

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  associated with educating its members. Board members of

 2  districts which have qualified for a zero annual fee for the

 3  most recent invoicing period pursuant to s. 189.427 are not

 4  required to pay a fee for any education program the department

 5  provides, contracts for, or assists in conducting.

 6         Section 12.  Subsection (7) of section 189.412, Florida

 7  Statutes, is amended to read:

 8         189.412  Special District Information Program; duties

 9  and responsibilities.--The Special District Information

10  Program of the Department of Community Affairs is created and

11  has the following special duties:

12         (7)  The provision of assistance related to and

13  appropriate in the performance of requirements specified in

14  this chapter, including assisting with an annual conference

15  sponsored by the Florida Association of Special Districts or

16  its successor.

17         Section 13.  Subsection (1) of section 189.417, Florida

18  Statutes, is amended to read:

19         189.417  Meetings; notice; required reports.--

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

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

22  regular meetings with the local governing authority or

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

24  location of each scheduled meeting. The schedule shall be

25  published quarterly, semiannually, or annually in a newspaper

26  of general paid circulation in the manner required in this

27  subsection. The governing body of an independent special

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  circulation in the county or counties in which the special

 2  district is located, unless a bona fide emergency situation

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

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

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

 6  budget shall be granted at an emergency meeting.  The

 7  advertisement shall be placed in that portion of the newspaper

 8  where legal notices and classified advertisements appear.  The

 9  advertisement shall appear in a newspaper that is published at

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

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

12  must be one of general interest and readership in the

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

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

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

16  water management districts may provide reasonable notice of

17  public meetings held to evaluate responses to solicitations

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

19  newspaper of general paid circulation in the county where the

20  principal office of the water management district is located,

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

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

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

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

25  provisions of chapter 286.

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

27  district shall be held in a public building when available

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

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

30  accessible to the public.

31         Section 14.  Subsection (3) of section 190.004, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  section, to read:

 3         190.004  Preemption; sole authority.--

 4         (3)  The establishment creation of an independent

 5  community development district as provided in this act is not

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

 7  governmental planning, environmental, and land development

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

 9  the land within a community development district. Community

10  development districts do not have the power of a local

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

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

13  Government Comprehensive Planning and Land Development

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

15  inconsistent with applicable comprehensive plans, ordinances,

16  or regulations of the applicable local general-purpose

17  government.

18         (4)  The exclusive charter for a community development

19  district shall be the uniform community development district

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

21  the special powers provided by s. 190.012.

22         Section 15.  Paragraph (e) of subsection (1) and

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

24  Supplement, are amended to read:

25         190.005  Establishment of district.--

26         (1)  The exclusive and uniform method for the

27  establishment of a community development district with a size

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

29  under chapter 120 by the Florida Land and Water Adjudicatory

30  Commission, granting a petition for the establishment of a

31  community development district.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1         (e)  The Florida Land and Water Adjudicatory Commission

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

 3  transcript of the hearing, resolutions adopted by local

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

 5  the following factors and make a determination to grant or

 6  deny a petition for the establishment of a community

 7  development district:

 8         1.  Whether all statements contained within the

 9  petition have been found to be true and correct.

10         2.  Whether the establishment creation of the district

11  is inconsistent with any applicable element or portion of the

12  state comprehensive plan or of the effective local government

13  comprehensive plan.

14         3.  Whether the area of land within the proposed

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

16  is sufficiently contiguous to be developable as one functional

17  interrelated community.

18         4.  Whether the district is the best alternative

19  available for delivering community development services and

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

21         5.  Whether the community development services and

22  facilities of the district will be incompatible with the

23  capacity and uses of existing local and regional community

24  development services and facilities.

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

26  district is amenable to separate special-district government.

27         (3)  The governing body of any existing special

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

29  improvements and community facilities authorized by this act,

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

31  existing district as a community development district pursuant

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  to this act. The petition shall contain the information

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

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

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

 5  the existing obligations, indebtedness, and guarantees of

 6  indebtedness of the district so subsumed, and the existing

 7  district shall be terminated.

 8         Section 16.  Paragraph (b) of subsection (2) and

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

10  amended to read:

11         190.006  Board of supervisors; members and meetings.--

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

13  the rule or ordinance establishing the district, there shall

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

15  purpose of electing five supervisors for the district.  Notice

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

17  2 consecutive weeks in a newspaper which is in general

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

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

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

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

22  who shall conduct the meeting.

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

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

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

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

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

28  landowner to one vote with respect thereto.  The two

29  candidates receiving the highest number of votes shall be

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

31  receiving the next largest number of votes shall be elected

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

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

 3  2-year terms; however, the next election by landowners shall

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

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

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

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

 8  candidates receiving the highest number of votes shall be

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

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

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

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

13  Community Development District," in which shall be recorded

14  minutes of all meetings, resolutions, proceedings,

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

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

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

18  municipal records pursuant to chapter 119.  The record book

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

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

21  the district is located or within the boundaries of a

22  development of regional impact or Florida Quality Development,

23  or combination of a development of regional impact and Florida

24  Quality Development, which includes the district.

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

26  Statutes, is amended to read:

27         190.009  Disclosure of public financing.--

28         (1)  The district shall take affirmative steps to

29  provide for the full disclosure of information relating to the

30  public financing and maintenance of improvements to real

31  property undertaken by the district. Such information shall be

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  made available to all existing residents, and to all

 2  prospective residents, of the district.  The district shall

 3  furnish each developer of a residential development within the

 4  district with sufficient copies of that information to provide

 5  each prospective initial purchaser of property in that

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

 7  development within the district, when required by law to

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

 9  such information relating to the public financing and

10  maintenance of improvements in the public offering statement.

11         Section 18.  Subsection (6) of section 190.011, Florida

12  Statutes, is amended to read:

13         190.011  General powers.--The district shall have, and

14  the board may exercise, the following powers:

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

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

17  located or within the boundaries of a development of regional

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

19  development of regional impact and a Florida Quality

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

21  reasonably accessible to the landowners. Meetings pursuant to

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

23  development of regional impact or Florida Quality Development,

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

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

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

27  Statutes, is amended to read:

28         190.012  Special powers; public improvements and

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

30  may exercise, subject to the regulatory jurisdiction and

31  permitting authority of all applicable governmental bodies,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  agencies, and special districts having authority with respect

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

 3  special powers relating to public improvements and community

 4  facilities authorized by this act:

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

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

 7  and maintain systems, and facilities, and basic

 8  infrastructures for the following basic infrastructures:

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

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

11  with roads and bridges.

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

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

14  construct and operate connecting intercepting or outlet sewers

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

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

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

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

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

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

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

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

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

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

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

26  specifications of the county in which such district roads are

27  located, and street lights.

28         2.  Buses, trolleys, transit shelters, ridesharing

29  facilities and services, parking improvements, and related

30  signage.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  habitat, including the maintenance of any plant or animal

 2  species, and any related interest in real or personal

 3  property.

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

 5  boundaries of a district when a local government issued a

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

 7  approving or expressly requiring the construction or funding

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

 9  subject of an agreement between the district and a

10  governmental entity and is consistent with the local

11  government comprehensive plan of the local government within

12  which the project is to be located.

13         Section 20.  Subsections (8) and (9) are added to

14  section 190.021, Florida Statutes, to read:

15         190.021  Taxes; non-ad valorem assessments.--

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

17  assessments, maintenance special assessments, and special

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

19  197.3632.

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

21  special assessments and maintenance special assessments

22  authorized by this section, and special assessments authorized

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

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

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

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

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

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

29  accordance with other collection measures provided by law.

30         Section 21.  Section 190.022, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1         190.022  Special assessments.--

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

 3  construction, reconstruction, acquisition, or maintenance of

 4  district facilities authorized under this chapter using the

 5  procedures for levy and collection provided in chapter 170 or

 6  chapter 197.

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

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

 9  yearly installments.

10         Section 22.  Subsections (1) and (3) of section

11  190.033, Florida Statutes, are amended to read:

12         190.033  Bids required.--

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

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

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

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

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

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

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

20  board seeking to construct or improve a public building,

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

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

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

24  bidder shall be accepted unless all bids are rejected because

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

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

27  may require the bidders to furnish bond with a responsible

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

29  shall prevent the board from undertaking and performing the

30  construction, operation, and maintenance of any project or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  material, and machinery.

 2         (3)  Contracts for maintenance services for any

 3  district facility or project shall be subject to competitive

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

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

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

 7  policies, or procedures establishing competitive bidding

 8  procedures for maintenance services. Contracts for other

 9  services shall not be subject to competitive bidding unless

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

11  competitive bidding procedures to said contracts.

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

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

14  amended to read:

15         190.046  Termination, contraction, or expansion of

16  district.--

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

18  boundaries of a community development district in the

19  following manner:

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

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

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

23  expansion or contraction by the district board of supervisors

24  shall constitute consent of the landowners within the district

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

26  or removed from the district.

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

28  established by administrative rule, petitions to amend the

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  shall all such petitions to amend the boundaries ever

 2  encompass more than a total of 250 acres.

 3         2.  For districts initially established by county or

 4  municipal ordinance, the limitation provided by this paragraph

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

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

 7  petitions to amend the boundaries ever encompass more than a

 8  total of 500 acres.

 9         3.  Boundary expansions for districts initially

10  established by county or municipal ordinance shall follow the

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

12         (3)  The district may merge with other community

13  development districts upon filing a petition for establishment

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

15  may merge with any other special districts upon filing a

16  petition for establishment of a community development district

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

18  involving a community development district pursuant to this

19  section shall assume all indebtedness of, and receive title

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

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

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

23  proper allocation of the indebtedness so assumed and the

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

25  the merger agreement by the board of supervisors elected by

26  the electors of the district shall constitute consent of the

27  landowners within the district.

28         Section 24.  Section 190.048, Florida Statutes, is

29  amended to read:

30         190.048  Sale of real estate within a district;

31  required disclosure to purchaser.--Subsequent to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  establishment creation of a district under this chapter, each

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

 3  each contract for the initial sale of a residential unit

 4  estate within the district shall include, immediately prior to

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

 6  purchaser, the following disclosure statement in boldfaced and

 7  conspicuous type which is larger than the type in the

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

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

10  IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS,

11  ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT.  THESE

12  TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND

13  MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF

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

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

16  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND

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

18         Section 25.  Section 190.0485, Florida Statutes, is

19  created to read:

20         190.0485  Notice of establishment.--Within 30 days

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

22  community development district under this act, the district

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

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

25  the      Community Development District."  The notice shall,

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

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

28  190.048.

29         Section 26.  Each community development district in

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  date, unless the district has previously recorded a notice

 3  that meets the requirements set forth in that section.

 4         Section 27.  (1)  Section 190.049, Florida Statutes, is

 5  amended to read:

 6         190.049  Special acts prohibited.--Pursuant to s.

 7  11(a)(21), Art. III of the State Constitution, there shall be

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

 9  independent special district which has the powers enumerated

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

11  unless such district is created pursuant to the provisions of

12  s. 189.404.

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

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

15  membership of each house.

16

17  (Redesignate subsequent sections.)

18

19

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

21  And the title is amended as follows:

22         On page 2, line 5, after the semicolon,

23

24  insert:

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

26         increased period for payment of special

27         assessments; amending s. 170.201, F.S.;

28         allowing special assessment exemptions by

29         municipalities for any service; amending s.

30         189.4031, F.S.; providing that community

31         development districts established pursuant to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2         with certain charter requirements; amending s.

 3         189.405, F.S.; providing for education programs

 4         for district board members; authorizing

 5         district boards to pay the costs of education

 6         programs; amending s. 189.412, F.S.; providing

 7         that the Special District Information Program

 8         may assist with the association's annual

 9         conference; amending s. 189.417, F.S.;

10         authorizing water management districts to

11         provide certain notice of public meetings held

12         to evaluate responses to solicitations issued

13         by the water management district by publication

14         in certain newspapers; amending s. 190.004,

15         F.S.; specifying requirements for the charter

16         of a community development district; amending

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

18         the petition to reestablish an existing special

19         district as a community development district;

20         revising language with respect to establishment

21         of such districts; amending ss. 190.006 and

22         190.011, F.S.; revising requirements relating

23         to the date of the election for the board of

24         supervisors of such districts; revising

25         requirements relating to the location of the

26         office of such a district; authorizing the

27         holding of meetings at such office for certain

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

29         requirements relating to provision of the

30         disclosure of public financing by such

31         districts to prospective purchasers of real

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2         and expanding the powers of such districts;

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

 4         status of special assessments imposed by such

 5         districts; specifying that such assessments

 6         constitute a lien against the property;

 7         providing for collection thereof; amending s.

 8         190.022, F.S.; revising requirements relating

 9         to special assessments for construction,

10         acquisition, or maintenance of district

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

12         bid requirements for the purchase of goods and

13         the construction or improvement of public works

14         and for contracts for maintenance services;

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

16         requirements relating to consent to a change in

17         the boundaries of such districts and

18         limitations on such boundary changes; providing

19         that approval of a proposed merger of community

20         development districts by an elected board of

21         supervisors constitutes approval by the

22         landowners of the district; amending s.

23         190.048, F.S.; revising requirements relating

24         to the required disclosure to purchasers of

25         real estate within a district; creating s.

26         190.0485, F.S.; requiring such districts to

27         record a notice of establishment; providing for

28         application to existing districts; amending s.

29         190.049, F.S.; providing an exception to the

30         prohibition against special laws or general

31         laws of local application creating an

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1         independent special district having two or more

 2         of a community development district's special

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

 4

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12

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