HB 1569 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Broward County; creating the Woodlands
13	Independent District within the City of Tamarac; providing
14	for boundaries; providing for the purpose and authority of
15	the district; providing for powers, functions, and duties
16	of the district relating to taxation, bonds, revenue
17	raising capabilities, budget, liens, special assessments,
18	non-ad valorem assessments, and contractual agreements;
19	providing for election, organization, powers, duties, and
20	compensation of the governing board of the district;
21	providing for applicable financial notice and disclosure
22	governing the district; providing for the issuance of
23	bonds; providing for district elections; providing for
24	methods of financing the district; providing for powers
25	and duties as granted to neighborhood improvement
26	districts; providing for powers to establish maintenance,
27	security, aesthetic, and architectural standards within
28	the district; providing for powers over streets and ways
29	within the district; providing for a referendum; providing
30	an effective date.
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32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. There shall be created in Broward County,
35	within the City of Tamarac, an independent special district to
36	be known by the popular name “the Woodlands Independent
37	District,” hereinafter referred to as the District. The creation
38	of the Woodlands Independent District is the best alternative as
39	this District would provide for enforceable standards which
40	would comport with those expired deed restrictions and covenants
41	upon which the community of the Woodlands was originally
42	constituted. The standards would exceed those of the
43	municipality in which it resides and would allow the Woodlands
44	to ensure that the community, through its own elected officials,
45	is in control of its appearance and standards. Further, the
46	District would have such powers as are afforded to neighborhood
47	improvement districts, thereby ensuring that the Woodlands
48	community would continue to retain aesthetic appearance and
49	property value.
50	Section 2. The purpose of the District shall be to
51	maintain the appearance, aesthetics, and architectural standards
52	of all private property within the District. The District shall
53	further ensure that the general appearance of all homes and
54	structures is kept at a standard provided by restrictions and
55	covenants originally intended. The District shall have
56	additional powers as generally granted to neighborhood
57	improvement districts.
58	Section 3. The boundaries of the Woodlands Independent
59	District are as follows:
60	SEQ CHAPTER \h \r 1 A parcel of land in Section 14, Township 49 South,
61	Range 41 East being more particularly described as
62	follows:
63	SUBDISTRICT 1
64	THE WOODLANDS, SECTION ONE - PHASE ONE, as recorded in
65	Plat Book 66, Page 22, of the Public Records of
66	Broward County, Florida, together with;
67	THE WOODLANDS, SECTION ONE- PHASE TWO, as recorded in
68	Plat Book 67, Page 23, of the Public Records of
69	Broward County, Florida, together with;
70	SUBDISTRICT 2
71	THE WOODLANDS, SECTION TWO - PHASE ONE, as recorded in
72	Plat Book 66, Page 23, of the Public Records of
73	Broward County, Florida, together with;
74	SUBDISTRICT 3
75	THE WOODLANDS, THIRD SECTION, as recorded in Plat Book
76	66, Page 24, of the Public Records of Broward County,
77	Florida, together with;
78	SUBDISTRICT 4
79	THE WOODLANDS, SECTION FOUR, as recorded in Plat Book
80	66, Page 25, of the Public Records of Broward County,
81	Florida, together with;
82	THE WOODLANDS COUNTRY CLUB, as recorded in Plat Book
83	67, Page 30, of the Public Records of Broward County,
84	Florida, together with;
85	SUBDISTRICT 5
86	THE WOODLANDS, SECTION FIVE, as recorded in Plat Book
87	67, Page 43, of the Public Records of Broward County,
88	Florida.
89	SUBDISTRICT 6
90	THE WOODLANDS, SECTION SIX, as recorded in Plat Book
91	67, Page 40, of the Public Records of Broward County,
92	Florida, together with;
93	SUBDISTRICT 7
94	THE WOODLANDS, SECTION SEVEN, as recorded in Plat Book
95	67, Page 41, of the Public Records of Broward County,
96	Florida, together with;
97	SUBDISTRICT 8
98	THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book
99	67, Page 42, of the Public Records of Broward County,
100	Florida.
101
102	Section 4. Subsequent to March 19, 2004, the governing
103	board of the Woodlands Independent District shall be composed of
104	nine members who shall be qualified voters of the state and
105	residents within the boundary of the District.
106	(1) The initial governing body of the Woodlands
107	Independent District shall be composed of nine members
108	consisting of the president of each of the Woodlands Homeowners
109	Associations sections 1-8, as described in section 3 of this
110	act, along with the president of the Woodlands Homeowners
111	Association board of directors following the effective date of
112	this act. Said board shall function only through March 19, 2004.
113	The sole function of said initial board shall be to adopt a
114	resolution authorizing imposition of a non-ad valorem special
115	assessment for all private properties within the Woodlands
116	Independent District and to comply with all other provisions of
117	section 197.3632(3)(a), Florida Statutes.
118	(2) The members of the board of the Woodlands Independent
119	District shall be elected at a special election to be called by
120	Broward County on March 9, 2004, in accordance with the
121	provisions for elections contained in chapter 189, Florida
122	Statutes, and the Florida Election Code, except as provided
123	herein. The individual receiving the greatest number of votes,
124	of voters who reside in each of the eight subdistricts in the
125	Woodlands Independent District and are qualified voters of the
126	state voting in the election from among the candidates residing
127	within each subdistrict who have qualified for election 60 days
128	prior to the election, shall be elected to the governing board
129	from said subdistrict. A ninth member of the board shall be
130	elected in the same manner as the previous eight board members,
131	except that a candidate may qualify by residing anywhere within
132	the Woodlands Independent District and shall be elected at
133	large. The initial governing board shall remain in their
134	respective offices until the election of their successors.
135	(3) Subsequent election of the members of the governing
136	board of the Woodlands Independent District shall coincide with
137	the date of the Tamarac City Commission scheduled for 2006, with
138	the elections and qualifications as provided in subsection (1).
139	Each member of the governing board shall be elected for a 3-year
140	term thereafter to coincide with the date of the Tamarac
141	municipal election scheduled.
142	(4) Any member of the governing board may be removed by a
143	majority vote of the board for misfeasance, malfeasance, or
144	neglect of duty.
145	(5) Any vacancy in the membership of the governing board
146	resulting from the death, resignation, or removal of any such
147	board member or from any other cause shall be filled for the
148	remainder of the term by election within 30 days after the
149	occurrence of such vacancy. However, in the event that the
150	remaining term is 60 days or less, the vacancy shall be filled
151	by election to coincide with the next Tamarac municipal
152	election.
153	Section 5. The governing board of the Woodlands
154	Independent District shall have the following powers commencing
155	on March 20, 2004:
156	(1) To enter into contracts and agreements and sue and be
157	sued as a body corporate.
158	(2) To have and use a corporate seal.
159	(3) To acquire, own, convey, or otherwise dispose of,
160	lease as lessor or lessee, construct, maintain, improve,
161	enlarge, raise, relocate, operate, and manage property and
162	facilities of whatever type to which it holds an appropriate
163	interest and grant and acquire licenses, easements, and options
164	with respect thereto.
165	(4) To accept grants and donations of any type of
166	property, labor, or other thing of value from any public or
167	private source.
168	(5) To have exclusive control of funds legally available
169	to it, subject to limitations imposed by law or by any agreement
170	validly enter into by it.
171	(6) To hire and employ full-time and part-time personnel
172	and provide benefits therefor.
173	(7) To cooperate and contract with governmental agencies
174	or other public bodies.
175	(8) To contract for services of planning consultants,
176	experts on crime prevention through community policing
177	innovations, environmental design, environmental security, or
178	defensible space or other experts in areas pertaining to the
179	operation of the governing board of the District.
180	(9) To contract with the county or municipal government
181	for planning assistance and for increased levels of law
182	enforcement protection, code enforcement, and security,
183	including personnel to provide any functions necessary for the
184	accomplishment of its purposes. The Woodlands Independent
185	District shall be responsible for all costs and expenses
186	incurred under the agreement.
187	(10) To improve street lights, parks, streets, drainage,
188	utilities, swales, and open areas and provide safe access to
189	mass transportation facilities in the District with the prior
190	approval of the City of Tamarac.
191	(11) To undertake innovative approaches to securing
192	neighborhoods from crime, blight, and failure to maintain
193	property to community standards.
194	(12) To provide for crime prevention through community
195	policing innovations, environmental design, environmental
196	security, and defensible space.
197	(13) To adopt property maintenance, aesthetic, and
198	architectural standards more stringent than those adopted by
199	ordinance of the City of Tamarac within the boundaries of the
200	Woodlands Independent District.
201	(a) Said standards shall be set only by adoption of a
202	resolution of the board after two public hearings as provided
203	for in section 166.041(3)(c), Florida Statutes, except that any
204	reference in said section of Florida Statutes to the ordinances
205	of a municipality shall also relate to the resolution of the
206	Woodlands Independent District.
207	(b) Every resolution, upon its final passage, shall be
208	recorded in a book kept for that purpose and shall be signed by
209	the presiding officer of the District and by the clerk of same.
210	(c) Each regulation adopted by the Woodlands Independent
211	District shall be filed with the Clerk of the Woodlands
212	Independent District and the City Clerk of the City of Tamarac.
213	(d) Each regulation shall be printed and codified from
214	time to time and available at each meeting of the governing
215	board of the Woodlands Independent District.
216	(e) Once enacted, each resolution shall be an enforceable
217	regulation as to private property within the Woodlands
218	Independent District. Each violation of a standard adopted by
219	the Woodlands Independent District may be enforced by the
220	District either through civil injunction or as a code violation
221	enforceable by the City of Tamarac pursuant to part I of chapter
222	162, Florida Statutes.
223	1. The Woodlands Independent District shall be entitled to
224	recover all court costs and attorney’s fees in any successful
225	action brought to enjoin a violation of a standard adopted
226	pursuant to this subsection.
227	2. For purposes of enforcement of the regulations of the
228	Woodlands Independent District pursuant to part I of chapter 162
229	and section 162.03, Florida Statutes, each regulation shall be
230	deemed equal in dignity and stature and carry the force and
231	effect of a duly enacted section of the code of the City of
232	Tamarac. Penalties for violations of the Woodlands Independent
233	District shall be as provided in part I of chapter 162, Florida
234	Statutes.
235	(f) The Woodlands Independent District shall enter into an
236	interlocal agreement with the City of Tamarac for enforcement of
237	the Woodlands Independent District standards and regulations
238	pursuant to part I of chapter 162, Florida Statutes. The
239	interlocal agreement shall provide that the Woodlands
240	Independent District shall indemnify and hold harmless the City
241	of Tamarac and its elected officials, agents, and employees from
242	and against any claim or legal action that may arise from the
243	actions of the district or its officers, employees, or agents.
244	Additionally, the Woodlands Independent District shall maintain
245	insurance satisfactory to the City of Tamarac, naming the City
246	of Tamarac as an additional insured, for the term of the
247	interlocal agreement.
248	(14) To privatize, close, vacate, plan, or replan streets,
249	roads, sidewalks, and alleys and to regulate, restrict, or
250	monitor traffic by security devices and personnel on public
251	streets within the District. All such actions require the prior
252	approval of the City of Tamarac.
253	(15) To make and collect special assessments pursuant to
254	sections 197.3632 and 197.3635, Florida Statutes, to pay for
255	improvements to the District, enforcement of enacted standards
256	and regulations, and reasonable expense of operating the
257	District, including the payment of expenses included in the
258	District's budget.
259	(16) To be authorized to receive a planning grant from the
260	Department of Community Affairs.
261	(17) To issue revenue bonds pursuant to section 189.4085,
262	Florida Statutes, and otherwise by general law to pay for
263	capital improvements necessary to meet the purpose of the
264	District.
265	(18) To issue refunding bonds pursuant to section
266	189.4085, Florida Statutes, and otherwise by general law to
267	refund any bonds then outstanding which shall have been issued
268	under the provisions of this act.
269	(19) The District shall not be empowered or authorized in
270	any manner to create a debt as against the state, county, or any
271	or all of the cities, and may not pledge the full faith and
272	credit of the state, county, or any of the cities. All revenue
273	bonds or debt obligations shall contain on the face thereof a
274	statement to the effect that the state, county, or any of the
275	cities in which the District is located shall not be obligated
276	to pay the same and neither the full faith and credit nor the
277	taxing power of the state or of any political subdivision
278	thereof is pledged to the payment of the principal of or the
279	interest on such bonds. The issuance of revenue or refunding
280	bonds under the provisions of this act shall not directly,
281	indirectly, or contingently obligate the state, county, or city
282	in which the District is located to levy or pledge any form of
283	taxation whatever therefor or to make any appropriation for
284	their payment.
285	(20) To provide for fiscal management and budget
286	preparation as provided in section 163.5151, Florida Statutes.
287	(21) To contract and cooperate with community
288	organizations pursuant to section 163.523, Florida Statutes.
289	(22) To apply on behalf of the District and be eligible to
290	receive planning grants and technical assistance as a local
291	government neighborhood improvement district pursuant to section
292	163.517, Florida Statutes.
293	Section 6. Organization, compensation, and administrative
294	duties of the governing board of the District shall commence on
295	April 1, 2004.
296	(1) There shall be at least one regular meeting of the
297	governing board of the Woodlands Independent District every
298	second month. The regular meetings of the governing board shall
299	be conducted at a building located within the geographic
300	boundaries of the District. The meetings shall be held pursuant
301	to sections 189.416 and 189.417, Florida Statutes.
302	(2) Special meetings or workshop meetings of the governing
303	board may be called from time to time by the chair, the vice
304	chair, or a majority of the members of the governing board.
305	(3) The members of the governing board shall serve without
306	compensation except for reimbursement of responsibility and
307	necessary expenses as provided for in chapter 112, Florida
308	Statutes.
309	Section 7. The District shall comply with the financial
310	disclosure, noticing, and reporting requirements of section
311	189.418, Florida Statutes. The District shall prepare and submit
312	reports, budgets, and audits as provided in sections 189.415 and
313	189.418, Florida Statutes, except as otherwise provided herein.
314	Section 8. The charter of the Woodlands Independent
315	District may be amended by special act of the Legislature.
316	Section 9. The Woodlands Independent District shall not
317	have the power to levy ad valorem taxes.
318	Section 10. The Woodlands Independent District shall
319	cooperate with and be subject to the paramount authority of the
320	City of Tamarac, including, but not limited to, the adoption,
321	amendment, or repeal of any ordinance. All City of Tamarac
322	governmental planning, environmental, and land development laws,
323	regulations, and ordinances apply to all development of the land
324	within the Woodlands Independent District. The District shall
325	take no action, now or in the future, which is inconsistent with
326	applicable comprehensive plans and, except as provided in
327	subsection (13) of section 5, ordinances or regulations of the
328	City of Tamarac. No fee, charge, or assessment imposed by the
329	District shall entitle any resident or landowner within the
330	District to seek or obtain relief from any fee, charge,
331	assessment, or tax imposed by the City of Tamarac. All property
332	or facilities, including, but not limited to, street lights,
333	parks, streets, drainage, utilities, swales, or other public
334	projects owned by or constructed by the District, shall conform
335	to and comply with the applicable standards and ordinances of
336	the City of Tamarac with respect to comparable property or
337	facilities. The District does not have the power of a local
338	government to adopt a comprehensive plan pursuant to chapter
339	163, Florida Statutes.
340	Section 11. (1) The Woodlands Homeowners Association
341	board of directors shall remit a ballot to each of the owners of
342	property within the boundaries of the Woodlands Independent
343	District as described in this act. Said ballot shall be sent by
344	first class mail not earlier than July 20, 2003, and not later
345	than August 1, 2003. Each ballot shall be addressed to each
346	property owner at the address for the property within the
347	Woodlands Independent District in the official records of the
348	Property Appraiser of Broward County. Each ballot shall state
349	the following:
350
351	There shall be created the Woodlands Independent District.
352
353	The Woodlands Independent District shall be created with
354	the power to adopt and enforce property maintenance,
355	aesthetic, and architectural standards more stringent than
356	the City of Tamarac. The Woodlands Independent District
357	shall have the power to make and create special
358	assessments.
359
360	___ Yes
361	___ No
362
363	Each property owner shall mail, deliver, or have delivered the
364	marked ballot provided in this subsection, so that it reaches
365	the place designated in said ballot, by the Woodlands Homeowners
366	Association board of directors no later than 5:00 p.m. on
367	September 1, 2003.
368	(2) The Woodlands Independent District shall be created
369	only if the Woodlands Homeowners Association board of directors
370	receives affirmative votes of a majority of all ballots received
371	pursuant to this section.
372	Section 12. This act shall be liberally construed in order
373	to effectuate its purposes.
374	Section 13. This act shall take effect upon becoming a
375	law.
376