HB 1569 2003
1	A bill to be entitled
2	An act relating to Broward County; creating the Woodlands
3	Independent District within the City of Tamarac; providing
4	for boundaries; providing for the purpose and authority of
5	the district; providing for powers, functions, and duties
6	of the district relating to taxation, bonds, revenue
7	raising capabilities, budget, liens, special assessments,
8	non-ad valorem assessments, and contractual agreements;
9	providing for election, organization, powers, duties, and
10	compensation of the governing board of the district;
11	providing for applicable financial notice and disclosure
12	governing the district; providing for the issuance of
13	bonds; providing for district elections; providing for
14	methods of financing the district; providing for powers
15	and duties as granted to neighborhood improvement
16	districts; providing for powers to establish maintenance,
17	security, aesthetic, and architectural standards within
18	the district; providing for powers over streets and ways
19	within the district; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. There is hereby created in Broward County,
24	within the City of Tamarac, an independent special district to
25	be known by the popular name “the Woodlands Independent
26	District,” hereinafter referred to as the District. The creation
27	of the Woodlands Independent District is the best alternative as
28	this District would provide for enforceable standards which
29	would comport with those expired deed restrictions and covenants
30	upon which the community of the Woodlands was originally
31	constituted. The standards would exceed those of the
32	municipality in which it resides and would allow the Woodlands
33	to ensure that the community, through its own elected officials,
34	is in control of its appearance and standards. Further, the
35	District would have such powers as are afforded to neighborhood
36	improvement districts, thereby ensuring that the Woodlands
37	community would continue to retain aesthetic appearance and
38	property value.
39	Section 2. The purpose of the District shall be to
40	maintain the appearance, aesthetics, and architectural standards
41	of all private property within the District. The District shall
42	further ensure that the general appearance of all homes and
43	structures is kept at a standard provided by restrictions and
44	covenants originally intended. The District shall have
45	additional powers as generally granted to neighborhood
46	improvement districts.
47	Section 3. The boundaries of the Woodlands Independent
48	District are as follows:
49	SEQ CHAPTER \h \r 1 A parcel of land in Section 14, Township 49 South,
50	Range 41 East being more particularly described as
51	follows:
52	SUBDISTRICT 1
53	THE WOODLANDS, SECTION ONE - PHASE ONE, as recorded in
54	Plat Book 66, Page 22, of the Public Records of
55	Broward County, Florida, together with;
56	THE WOODLANDS, SECTION ONE- PHASE TWO, as recorded in
57	Plat Book 67, Page 23, of the Public Records of
58	Broward County, Florida, together with;
59	SUBDISTRICT 2
60	THE WOODLANDS, SECTION TWO - PHASE ONE, as recorded in
61	Plat Book 66, Page 23, of the Public Records of
62	Broward County, Florida, together with;
63	SUBDISTRICT 3
64	THE WOODLANDS, THIRD SECTION, as recorded in Plat Book
65	66, Page 24, of the Public Records of Broward County,
66	Florida, together with;
67	SUBDISTRICT 4
68	THE WOODLANDS, SECTION FOUR, as recorded in Plat Book
69	66, Page 25, of the Public Records of Broward County,
70	Florida, together with;
71	THE WOODLANDS COUNTRY CLUB, as recorded in Plat Book
72	67, Page 30, of the Public Records of Broward County,
73	Florida, together with;
74	SUBDISTRICT 5
75	THE WOODLANDS, SECTION FIVE, as recorded in Plat Book
76	67, Page 43, of the Public Records of Broward County,
77	Florida.
78	SUBDISTRICT 6
79	THE WOODLANDS, SECTION SIX, as recorded in Plat Book
80	67, Page 40, of the Public Records of Broward County,
81	Florida, together with;
82	SUBDISTRICT 7
83	THE WOODLANDS, SECTION SEVEN, as recorded in Plat Book
84	67, Page 41, of the Public Records of Broward County,
85	Florida, together with;
86	SUBDISTRICT 8
87	THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book
88	67, Page 42, of the Public Records of Broward County,
89	Florida.
90
91
92	Section 4. Subsequent to March 19, 2004, the governing
93	board of the Woodlands Independent District shall be composed of
94	nine members who shall be qualified voters of the state and
95	residents within the boundary of the District.
96	(1) The initial governing body of the Woodlands
97	Independent District shall be composed of nine members
98	consisting of the president of each of the Woodlands Homeowners
99	Associations sections 1-8, as described in section 3 of this
100	act, along with the president of the Woodlands Homeowners
101	Association board of directors following the effective date of
102	this act. Said board shall function only through March 19, 2004.
103	The sole function of said initial board shall be to adopt a
104	resolution authorizing imposition of a non-ad valorem special
105	assessment for all private properties within the Woodlands
106	Independent District and to comply with all other provisions of
107	section 197.3632(3)(a), Florida Statutes.
108	(2) The members of the board of the Woodlands Independent
109	District shall be elected at a special election to be called by
110	Broward County on March 9, 2004, in accordance with the
111	provisions for elections contained in chapter 189, Florida
112	Statutes, and the Florida Election Code, except as provided
113	herein. The individual receiving the greatest number of votes,
114	of voters who reside in each of the eight subdistricts in the
115	Woodlands Independent District and are qualified voters of the
116	state voting in the election from among the candidates residing
117	within each subdistrict who have qualified for election 60 days
118	prior to the election, shall be elected to the governing board
119	from said subdistrict. A ninth member of the board shall be
120	elected in the same manner as the previous eight board members,
121	except that a candidate may qualify by residing anywhere within
122	the Woodlands Independent District and shall be elected at
123	large. The initial governing board shall remain in their
124	respective offices until the election of their successors.
125	(3) Subsequent election of the members of the governing
126	board of the Woodlands Independent District shall coincide with
127	the date of the Tamarac City Commission scheduled for 2006, with
128	the elections and qualifications as provided in subsection (1).
129	Each member of the governing board shall be elected for a 3-year
130	term thereafter to coincide with the date of the Tamarac
131	municipal election scheduled.
132	(4) Any member of the governing board may be removed by a
133	majority vote of the board for misfeasance, malfeasance, or
134	neglect of duty.
135	(5) Any vacancy in the membership of the governing board
136	resulting from the death, resignation, or removal of any such
137	board member or from any other cause shall be filled for the
138	remainder of the term by election within 30 days after the
139	occurrence of such vacancy. However, in the event that the
140	remaining term is 60 days or less, the vacancy shall be filled
141	by election to coincide with the next Tamarac municipal
142	election.
143	Section 5. The governing board of the Woodlands
144	Independent District shall have the following powers commencing
145	on March 20, 2004:
146	(1) To enter into contracts and agreements and sue and be
147	sued as a body corporate.
148	(2) To have and use a corporate seal.
149	(3) To acquire, own, convey, or otherwise dispose of,
150	lease as lessor or lessee, construct, maintain, improve,
151	enlarge, raise, relocate, operate, and manage property and
152	facilities of whatever type to which it holds an appropriate
153	interest and grant and acquire licenses, easements, and options
154	with respect thereto.
155	(4) To accept grants and donations of any type of
156	property, labor, or other thing of value from any public or
157	private source.
158	(5) To have exclusive control of funds legally available
159	to it, subject to limitations imposed by law or by any agreement
160	validly enter into by it.
161	(6) To hire and employ full-time and part-time personnel
162	and provide benefits therefor.
163	(7) To cooperate and contract with governmental agencies
164	or other public bodies.
165	(8) To contract for services of planning consultants,
166	experts on crime prevention through community policing
167	innovations, environmental design, environmental security, or
168	defensible space or other experts in areas pertaining to the
169	operation of the governing board of the District.
170	(9) To contract with the county or municipal government
171	for planning assistance and for increased levels of law
172	enforcement protection, code enforcement, and security,
173	including personnel to provide any functions necessary for the
174	accomplishment of its purposes. The Woodlands Independent
175	District shall be responsible for all costs and expenses
176	incurred under the agreement.
177	(10) To improve street lights, parks, streets, drainage,
178	utilities, swales, and open areas and provide safe access to
179	mass transportation facilities in the District with the prior
180	approval of the City of Tamarac.
181	(11) To undertake innovative approaches to securing
182	neighborhoods from crime, blight, and failure to maintain
183	property to community standards.
184	(12) To provide for crime prevention through community
185	policing innovations, environmental design, environmental
186	security, and defensible space.
187	(13) To adopt property maintenance, aesthetic, and
188	architectural standards more stringent than those adopted by
189	ordinance of the City of Tamarac within the boundaries of the
190	Woodlands Independent District.
191	(a) Said standards shall be set only by adoption of a
192	resolution of the board after two public hearings as provided
193	for in section 166.041(3)(c), Florida Statutes, except that any
194	reference in said section of Florida Statutes to the ordinances
195	of a municipality shall also relate to the resolution of the
196	Woodlands Independent District.
197	(b) Every resolution, upon its final passage, shall be
198	recorded in a book kept for that purpose and shall be signed by
199	the presiding officer of the District and by the clerk of same.
200	(c) Each regulation adopted by the Woodlands Independent
201	District shall be filed with the Clerk of the Woodlands
202	Independent District and the City Clerk of the City of Tamarac.
203	(d) Each regulation shall be printed and codified from
204	time to time and available at each meeting of the governing
205	board of the Woodlands Independent District.
206	(e) Once enacted, each resolution shall be an enforceable
207	regulation as to private property within the Woodlands
208	Independent District. Each violation of a standard adopted by
209	the Woodlands Independent District may be enforced by the
210	District either through civil injunction or as a code violation
211	enforceable by the City of Tamarac pursuant to part I of chapter
212	162, Florida Statutes.
213	1. The Woodlands Independent District shall be entitled to
214	recover all court costs and attorney’s fees in any successful
215	action brought to enjoin a violation of a standard adopted
216	pursuant to this subsection.
217	2. For purposes of enforcement of the regulations of the
218	Woodlands Independent District pursuant to part I of chapter 162
219	and section 162.03, Florida Statutes, each regulation shall be
220	deemed equal in dignity and stature and carry the force and
221	effect of a duly enacted section of the code of the City of
222	Tamarac. Penalties for violations of the Woodlands Independent
223	District shall be as provided in part I of chapter 162, Florida
224	Statutes.
225	(f) The Woodlands Independent District and the City of
226	Tamarac shall enter into an agreement for enforcement of the
227	Woodlands Independent District standards and regulations
228	pursuant to part I of chapter 162, Florida Statutes.
229	(14) To privatize, close, vacate, plan, or replan streets,
230	roads, sidewalks, and alleys and to regulate, restrict, or
231	monitor traffic by security devices and personnel on public
232	streets within the District. All such actions require the prior
233	approval of the City of Tamarac.
234	(15) To make and collect special assessments pursuant to
235	sections 197.3632 and 197.3635, Florida Statutes, to pay for
236	improvements to the District, enforcement of enacted standards
237	and regulations, and reasonable expense of operating the
238	District, including the payment of expenses included in the
239	District's budget.
240	(16) To be authorized to receive a planning grant from the
241	Department of Community Affairs.
242	(17) To issue revenue bonds pursuant to section 189.4085,
243	Florida Statutes, and otherwise by general law to pay for
244	capital improvements necessary to meet the purpose of the
245	District.
246	(18) To issue refunding bonds pursuant to section
247	189.4085, Florida Statutes, and otherwise by general law to
248	refund any bonds then outstanding which shall have been issued
249	under the provisions of this act.
250	(19) The District shall not be empowered or authorized in
251	any manner to create a debt as against the state, county, or any
252	or all of the cities, and may not pledge the full faith and
253	credit of the state, county, or any of the cities. All revenue
254	bonds or debt obligations shall contain on the face thereof a
255	statement to the effect that the state, county, or any of the
256	cities in which the District is located shall not be obligated
257	to pay the same and neither the full faith and credit nor the
258	taxing power of the state or of any political subdivision
259	thereof is pledged to the payment of the principal of or the
260	interest on such bonds. The issuance of revenue or refunding
261	bonds under the provisions of this act shall not directly,
262	indirectly, or contingently obligate the state, county, or city
263	in which the District is located to levy or pledge any form of
264	taxation whatever therefor or to make any appropriation for
265	their payment.
266	(20) To provide for fiscal management and budget
267	preparation as provided in section 163.5151, Florida Statutes.
268	(21) To contract and cooperate with community
269	organizations pursuant to section 163.523, Florida Statutes.
270	(22) To apply on behalf of the District and be eligible to
271	receive planning grants and technical assistance as a local
272	government neighborhood improvement district pursuant to section
273	163.517, Florida Statutes.
274	Section 6. Organization, compensation, and administrative
275	duties of the governing board of the District shall commence on
276	April 1, 2004.
277	(1) There shall be at least one regular meeting of the
278	governing board of the Woodlands Independent District every
279	second month. The regular meetings of the governing board shall
280	be conducted at a building located within the geographic
281	boundaries of the District. The meetings shall be held pursuant
282	to sections 189.416 and 189.417, Florida Statutes.
283	(2) Special meetings or workshop meetings of the governing
284	board may be called from time to time by the chair, the vice
285	chair, or a majority of the members of the governing board.
286	(3) The members of the governing board shall serve without
287	compensation except for reimbursement of responsibility and
288	necessary expenses as provided for in chapter 112, Florida
289	Statutes.
290	Section 7. The District shall comply with the financial
291	disclosure, noticing, and reporting requirements of section
292	189.418, Florida Statutes. The District shall prepare and submit
293	reports, budgets, and audits as provided in sections 189.415 and
294	189.418, Florida Statutes, except as otherwise provided herein.
295	Section 8. The charter of the Woodlands Independent
296	District may be amended by special act of the Legislature.
297	Section 9. The Woodlands Independent District shall not
298	have the power to levy ad valorem taxes.
299	Section 10. The Woodlands Independent District shall
300	cooperate with the City of Tamarac in all planning matters.
301	Section 11. This act shall be liberally construed in order
302	to effectuate its purposes.
303	Section 12. In the event of a conflict between the
304	provisions of this act and the provisions of any other act, the
305	provisions of this act shall control to the extent of such
306	conflict.
307	Section 13. This act shall take effect upon becoming a
308	law.