| 1 | A bill to be entitled |
| 2 | An act relating to community development districts; |
| 3 | amending s. 190.003, F.S.; revising definitions relating |
| 4 | to community development districts; amending s. 190.005, |
| 5 | F.S.; specifying petition and filing fee requirements for |
| 6 | the establishment of districts; specifying requirements |
| 7 | for the adoption of certain rules by the Florida Land and |
| 8 | Water Adjudicatory Commission; providing requirements for |
| 9 | the establishment of districts located in multiple |
| 10 | municipalities; amending s. 190.006, F.S.; revising |
| 11 | provisions for determining certain voting units for |
| 12 | landowners within a district; providing procedures for |
| 13 | filling district board vacancies; authorizing the board to |
| 14 | appoint qualified electors to the board under certain |
| 15 | circumstances; amending s. 190.007, F.S.; specifying that |
| 16 | certain affiliations are not a conflict of interest for |
| 17 | district board members, managers, and employees; amending |
| 18 | s. 190.008, F.S.; revising timeframes and requirements for |
| 19 | the preparation of proposed district budgets; amending s. |
| 20 | 190.009, F.S.; requiring the district to file disclosure |
| 21 | documents and amendments relating to the public financing |
| 22 | and maintenance of certain property in the property |
| 23 | records of each county in which the district is located; |
| 24 | amending s. 190.011, F.S.; revising statutory |
| 25 | authorization for the enforcement of district assessments; |
| 26 | amending s. 190.012, F.S.; revising district regulatory |
| 27 | jurisdiction and permitting authority for certain public |
| 28 | improvements and community facilities; authorizing the |
| 29 | district to convey certain activities to utility |
| 30 | providers; authorizing the district to adopt rules for |
| 31 | enforcement of deed restrictions outside the district |
| 32 | pursuant to an interlocal agreement; amending s. 190.014, |
| 33 | F.S.; specifying that non-ad valorem assessments levied to |
| 34 | pay interest on bond anticipation notes do not qualify as |
| 35 | assessment installments; amending s. 190.021, F.S.; |
| 36 | authorizing the use of combined notice of proposed |
| 37 | assessments under certain circumstances; providing that |
| 38 | assessments authorized under chapter 170 constitute liens |
| 39 | and are subject to certain collection procedures; amending |
| 40 | s. 190.033, F.S.; providing for competitive solicitation; |
| 41 | authorizing the district to proceed with purchasing under |
| 42 | certain circumstances; amending s. 190.046, F.S.; revising |
| 43 | provisions for termination, contraction, or expansion of |
| 44 | districts; specifying payment of certain fees to counties |
| 45 | and municipalities; providing limitations for the |
| 46 | amendment of certain district boundaries; requiring the |
| 47 | written consent of certain landowners; amending s. |
| 48 | 190.047, F.S.; specifying the determination of population |
| 49 | standards by the Department of Community Affairs for the |
| 50 | purposes of incorporation or annexation of districts; |
| 51 | requiring unincorporated areas to meet certain criteria |
| 52 | for incorporation; requiring certain referenda to be held |
| 53 | at general elections; providing effective dates. |
| 54 |
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| 55 | Be It Enacted by the Legislature of the State of Florida: |
| 56 |
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| 57 | Section 1. Subsection (6), paragraph (p) of subsection |
| 58 | (7), and subsections (20) and (21) of section 190.003, Florida |
| 59 | Statutes, are amended to read: |
| 60 | 190.003 Definitions.--As used in this chapter, the term: |
| 61 | (6) "Community development district" means a local unit of |
| 62 | special-purpose government which is created pursuant to this act |
| 63 | and limited to the performance of those specialized functions |
| 64 | authorized by this act; the boundaries of which are contained |
| 65 | wholly within a single county; the governing head of which is a |
| 66 | body created, organized, and constituted and authorized to |
| 67 | function specifically as prescribed in this act for the delivery |
| 68 | of urban community development services; and the formation, |
| 69 | powers, governing body, operation, duration, accountability, |
| 70 | requirements for disclosure, and termination of which are as |
| 71 | required by general law. |
| 72 | (7) "Cost," when used with reference to any project, |
| 73 | includes, but is not limited to: |
| 74 | (p) Payments, contributions, dedications, fair share or |
| 75 | concurrency obligations, and any other exactions required as a |
| 76 | condition to receive any government approval or permit necessary |
| 77 | to accomplish any district purpose. |
| 78 | (20) "Water management and control facilities" means any |
| 79 | lakes, canals, ditches, reservoirs, dams, levees, sluiceways, |
| 80 | floodways, curbs, gutters, pumping stations, or any other works, |
| 81 | structures, or facilities for the conservation, control, |
| 82 | development, utilization, and disposal of water, and any |
| 83 | purposes appurtenant, necessary, or incidental thereto. The term |
| 84 | "water management and control facilities" includes all real and |
| 85 | personal property and any interest therein, rights, easements, |
| 86 | and franchises of any nature relating to any such water |
| 87 | management and control facilities or necessary or convenient for |
| 88 | the acquisition, construction, reconstruction, operation, or |
| 89 | maintenance thereof. |
| 90 | (21) "Water system" means any plant, system, facility, or |
| 91 | property and additions, extensions, and improvements thereto at |
| 92 | any future time constructed or acquired as part thereof, useful |
| 93 | or necessary or having the present capacity for future use in |
| 94 | connection with the development of sources, treatment, or |
| 95 | purification and distribution of water. Without limiting the |
| 96 | generality of the foregoing, the term "water system" includes |
| 97 | dams, reservoirs, storage, tanks, mains, lines, valves, |
| 98 | hydrants, pumping stations, laterals, and pipes for the purpose |
| 99 | of carrying water to the premises connected with such system, |
| 100 | and all rights, easements, and franchises of any nature relating |
| 101 | to any such system and necessary or convenient for the operation |
| 102 | thereof. |
| 103 | Section 2. Paragraphs (b), (c), and (f) of subsection (1) |
| 104 | and paragraphs (d) and (e) of subsection (2) of section 190.005, |
| 105 | Florida Statutes, are amended to read: |
| 106 | 190.005 Establishment of district.-- |
| 107 | (1) The exclusive and uniform method for the establishment |
| 108 | of a community development district with a size of 1,000 acres |
| 109 | or more shall be pursuant to a rule, adopted under chapter 120 |
| 110 | by the Florida Land and Water Adjudicatory Commission, granting |
| 111 | a petition for the establishment of a community development |
| 112 | district. |
| 113 | (b) Prior to filing the petition, the petitioner shall: |
| 114 | 1. Pay a filing fee of $15,000 to the county, if located |
| 115 | within an unincorporated area, or to the municipality, if |
| 116 | located within an incorporated area, and to each municipality |
| 117 | the boundaries of which are contiguous with, or contain all or a |
| 118 | portion of the land within, the external boundaries of the |
| 119 | district. |
| 120 | 2. Submit a copy of the petition to the county, if located |
| 121 | within an unincorporated area, or to the municipality, if |
| 122 | located within an incorporated area, and to each municipality |
| 123 | the boundaries of which are contiguous with, or contain all or a |
| 124 | portion of, the land within the external boundaries of the |
| 125 | district. |
| 126 | 3. If land to be included within a district is located |
| 127 | partially within the unincorporated area of one or more counties |
| 128 | and partially within a municipality or within two or more |
| 129 | municipalities, pay a $15,000 filing fee to each entity. |
| 130 | (c) Such county and each such municipality required by law |
| 131 | to receive a petition may conduct a public hearing to consider |
| 132 | the relationship of the petition to the factors specified in |
| 133 | paragraph (e). The public hearing shall be concluded within 45 |
| 134 | days after the date the petition is filed unless an extension of |
| 135 | time is requested by the petitioner and granted by the county or |
| 136 | municipality. The county or municipality holding such public |
| 137 | hearing may by resolution express its support of, or objection |
| 138 | to the granting of, the petition by the Florida Land and Water |
| 139 | Adjudicatory Commission. A resolution must base any objection to |
| 140 | the granting of the petition upon the factors specified in |
| 141 | paragraph (e). Such county or municipality may present its |
| 142 | resolution of support or objection at the Florida Land and Water |
| 143 | Adjudicatory Commission hearing and shall be afforded an |
| 144 | opportunity to present relevant information in support of its |
| 145 | resolution. |
| 146 | (f) The Florida Land and Water Adjudicatory Commission |
| 147 | shall not adopt any rule which would expand, modify, or delete |
| 148 | any provision of the uniform community development district |
| 149 | charter as set forth in ss. 190.006-190.041, except as provided |
| 150 | in s. 190.012. A rule establishing a community development |
| 151 | district shall only contain the following: |
| 152 | 1. A metes and bounds description of Describe the external |
| 153 | boundaries of the district and any real property within the |
| 154 | external boundaries of the district which is to be excluded. |
| 155 | 2. The names of Name five persons designated to be the |
| 156 | initial members of the board of supervisors. |
| 157 | 3. The name of the district. |
| 158 | (2) The exclusive and uniform method for the establishment |
| 159 | of a community development district of less than 1,000 acres in |
| 160 | size shall be pursuant to an ordinance adopted by the county |
| 161 | commission of the county having jurisdiction over the majority |
| 162 | of land in the area in which the district is to be located |
| 163 | granting a petition for the establishment of a community |
| 164 | development district as follows: |
| 165 | (d) The county commission shall not adopt any ordinance |
| 166 | which would expand, modify, or delete any provision of the |
| 167 | uniform community development district charter as set forth in |
| 168 | ss. 190.006-190.041. An ordinance establishing a community |
| 169 | development district shall only include the matters provided for |
| 170 | in paragraph (1)(f) unless the commission approves any of the |
| 171 | optional powers under s. 190.012(2) at the request of the |
| 172 | petitioner. |
| 173 | (e) If all of the land in the area for the proposed |
| 174 | district is within the territorial jurisdiction of a municipal |
| 175 | corporation, then the petition requesting establishment of a |
| 176 | community development district under this act shall be filed by |
| 177 | the petitioner with that particular municipal corporation. In |
| 178 | such event, the duties of the county, hereinabove described, in |
| 179 | action upon the petition shall be the duties of the municipal |
| 180 | corporation. If any of the land area of a proposed district is |
| 181 | within the land area of a municipality, the county commission |
| 182 | may not create the district without municipal approval. If all |
| 183 | of the land in the area for the proposed district, even if less |
| 184 | 1,000 acres, is within the territorial jurisdiction of two or |
| 185 | more municipalities, the petition shall be filed with the |
| 186 | Florida Land and Water Adjudicatory Commission and proceed in |
| 187 | accordance with subsection (1). |
| 188 | Section 3. Paragraph (b) of subsection (2) and paragraph |
| 189 | (b) of subsection (3) of section 190.006, Florida Statutes, are |
| 190 | amended to read: |
| 191 | 190.006 Board of supervisors; members and meetings.-- |
| 192 | (2) |
| 193 | (b) At such meeting, each landowner shall be entitled to |
| 194 | cast one vote per acre of land owned by him or her and located |
| 195 | within the district for each person to be elected. A landowner |
| 196 | may vote in person or by proxy in writing. Each proxy must be |
| 197 | signed by one of the legal owners of the property for which the |
| 198 | vote is cast and must contain the typed or printed name of the |
| 199 | individual who signed the proxy; the street address, legal |
| 200 | description of the property, or tax parcel identification |
| 201 | number; and the number of authorized votes. If the proxy |
| 202 | authorizes more than one vote, each property must be listed and |
| 203 | the number of acres of each property must be included. The |
| 204 | signature on a proxy need not be notarized. A fraction of an |
| 205 | acre shall be treated as 1 acre, entitling the landowner to one |
| 206 | vote with respect thereto. For purposes of determining voting |
| 207 | interests, platted lots shall be counted individually and |
| 208 | rounded up to the nearest whole acre. The acreage of platted |
| 209 | lots shall not be aggregated for determining the number of |
| 210 | voting units held by a landowner or a landowner's proxy. The two |
| 211 | candidates receiving the highest number of votes shall be |
| 212 | elected for a period of 4 years, and the three candidates |
| 213 | receiving the next largest number of votes shall be elected for |
| 214 | a period of 2 years, with the term of office for each successful |
| 215 | candidate commencing upon election. The members of the first |
| 216 | board elected by landowners shall serve their respective 4-year |
| 217 | or 2-year terms; however, the next election by landowners shall |
| 218 | be held on the first Tuesday in November. Thereafter, there |
| 219 | shall be an election of supervisors for the district every 2 |
| 220 | years in November on a date established by the board and noticed |
| 221 | pursuant to paragraph (a). The second and subsequent landowners' |
| 222 | election shall be announced at a public meeting of the board at |
| 223 | least 90 days prior to the date of the landowners' meeting and |
| 224 | shall also be noticed pursuant to paragraph (a). Instructions on |
| 225 | how all landowners may participate in the election, along with |
| 226 | sample proxies, shall be provided during the board meeting that |
| 227 | announces the landowners' meeting. The two candidates receiving |
| 228 | the highest number of votes shall be elected to serve for a 4- |
| 229 | year period, and the remaining candidate elected shall serve for |
| 230 | a 2-year period. |
| 231 | (3) |
| 232 | (b) Elections of board members by qualified electors held |
| 233 | pursuant to this subsection shall be nonpartisan and shall be |
| 234 | conducted in the manner prescribed by law for holding general |
| 235 | elections. Board members shall assume the office on the second |
| 236 | Tuesday following their election. If no elector qualifies for a |
| 237 | seat to be filled in an election, a vacancy in that seat shall |
| 238 | be declared by the board effective on the second Tuesday |
| 239 | following the election. The board shall appoint a qualified |
| 240 | elector to fill the vacancy. Until such appointment, the |
| 241 | incumbent board member in that seat shall remain in office. |
| 242 | Section 4. Effective October 1, 2007, subsection (1) of |
| 243 | section 190.007, Florida Statutes, is amended to read: |
| 244 | 190.007 Board of supervisors; general duties.-- |
| 245 | (1) The board shall employ, and fix the compensation of, a |
| 246 | district manager. The district manager shall have charge and |
| 247 | supervision of the works of the district and shall be |
| 248 | responsible for preserving and maintaining any improvement or |
| 249 | facility constructed or erected pursuant to the provisions of |
| 250 | this act, for maintaining and operating the equipment owned by |
| 251 | the district, and for performing such other duties as may be |
| 252 | prescribed by the board. It shall not be a conflict of interest |
| 253 | under chapter 112 for a board member or the district manager or |
| 254 | another employee of the district to be a stockholder, officer, |
| 255 | or employee of a landowner or of an entity affiliated with a |
| 256 | landowner. The district manager may hire or otherwise employ and |
| 257 | terminate the employment of such other persons, including, |
| 258 | without limitation, professional, supervisory, and clerical |
| 259 | employees, as may be necessary and authorized by the board. The |
| 260 | compensation and other conditions of employment of the officers |
| 261 | and employees of the district shall be as provided by the board. |
| 262 | Section 5. Paragraph (a) of subsection (2) of section |
| 263 | 190.008, Florida Statutes, is amended to read: |
| 264 | 190.008 Budget; reports and reviews.-- |
| 265 | (2)(a) On or before each June July 15, the district |
| 266 | manager shall prepare a proposed budget for the ensuing fiscal |
| 267 | year to be submitted to the board for board approval. The |
| 268 | proposed budget shall include at the direction of the board an |
| 269 | estimate of all necessary expenditures of the district for the |
| 270 | ensuing fiscal year and an estimate of income to the district |
| 271 | from the taxes, and assessments, and other revenues provided in |
| 272 | this act. The board shall consider the proposed budget item by |
| 273 | item and may either approve the budget as proposed by the |
| 274 | district manager or modify the same in part or in whole. The |
| 275 | board shall indicate its approval of the budget by resolution, |
| 276 | which resolution shall provide for a hearing on the budget as |
| 277 | approved. Notice of the hearing on the budget shall be published |
| 278 | in a newspaper of general circulation in the area of the |
| 279 | district once a week for 2 consecutive weeks, except that the |
| 280 | first publication shall be not fewer than 15 days prior to the |
| 281 | date of the hearing. The notice shall further contain a |
| 282 | designation of the day, time, and place of the public hearing. |
| 283 | At the time and place designated in the notice, the board shall |
| 284 | hear all objections to the budget as proposed and may make such |
| 285 | changes as the board deems necessary. At the conclusion of the |
| 286 | budget hearing, the board shall, by resolution, adopt the budget |
| 287 | as finally approved by the board. The budget shall be adopted |
| 288 | prior to October 1 of each year. |
| 289 | Section 6. Subsection (1) of section 190.009, Florida |
| 290 | Statutes, is amended to read: |
| 291 | 190.009 Disclosure of public financing.-- |
| 292 | (1) The district shall take affirmative steps to provide |
| 293 | for the full disclosure of information relating to the public |
| 294 | financing and maintenance of improvements to real property |
| 295 | undertaken by the district. Such information shall be made |
| 296 | available to all existing residents, and to all prospective |
| 297 | residents, of the district. The district shall furnish each |
| 298 | developer of a residential development within the district with |
| 299 | sufficient copies of that information to provide each |
| 300 | prospective initial purchaser of property in that development |
| 301 | with a copy, and any developer of a residential development |
| 302 | within the district, when required by law to provide a public |
| 303 | offering statement, shall include a copy of such information |
| 304 | relating to the public financing and maintenance of improvements |
| 305 | in the public offering statement. The district shall file the |
| 306 | disclosure documents required by this subsection and any |
| 307 | amendments thereto in the property records of each county in |
| 308 | which the district is located. |
| 309 | Section 7. Subsection (14) of section 190.011, Florida |
| 310 | Statutes, is amended to read: |
| 311 | 190.011 General powers.--The district shall have, and the |
| 312 | board may exercise, the following powers: |
| 313 | (14) To determine, order, levy, impose, collect, and |
| 314 | enforce special assessments pursuant to this act and chapter |
| 315 | 170. Such special assessments may, in the discretion of the |
| 316 | district, be collected and enforced pursuant to the provisions |
| 317 | of ss. 197.3631, 197.3632, and 197.3635, or chapter 173 170. |
| 318 | Section 8. Paragraph (d) of subsection (1), subsection |
| 319 | (2), and paragraph (a) of subsection (4) of section 190.012, |
| 320 | Florida Statutes, are amended, and paragraph (h) is added to |
| 321 | subsection (1) of that section, to read: |
| 322 | 190.012 Special powers; public improvements and community |
| 323 | facilities.--The district shall have, and the board may |
| 324 | exercise, subject to the regulatory jurisdiction and permitting |
| 325 | authority of all applicable governmental bodies, agencies, and |
| 326 | special districts having authority with respect to any area |
| 327 | included therein, any or all of the following special powers |
| 328 | relating to public improvements and community facilities |
| 329 | authorized by this act: |
| 330 | (1) To finance, fund, plan, establish, acquire, construct |
| 331 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 332 | systems, facilities, and basic infrastructures for the |
| 333 | following: |
| 334 | (d)1. District roads equal to or exceeding the applicable |
| 335 | specifications of the county in which such district roads are |
| 336 | located, roads and improvements to existing public roads that |
| 337 | are owned by or conveyed to the local general-purpose |
| 338 | government, the state, or the Federal Government, street lights, |
| 339 | landscaping, hardscaping, and the undergrounding of electric |
| 340 | utility lines. The district may convey undergrounding of |
| 341 | electric utility lines to the retail electric utility provider |
| 342 | within the district and street lights. |
| 343 | 2. Buses, trolleys, transit shelters, ridesharing |
| 344 | facilities and services, parking improvements, and related |
| 345 | signage. |
| 346 | (h) Any other project, facility, or service required by a |
| 347 | development approval, zoning condition, or permit issued by a |
| 348 | governmental authority with jurisdiction in the district. |
| 349 | (2) After the board has obtained the consent of the local |
| 350 | general-purpose government within the jurisdiction of which a |
| 351 | power specified in this subsection is to be exercised consents |
| 352 | to the exercise of such power by the district, the district |
| 353 | shall have the power to plan, establish, acquire, construct or |
| 354 | reconstruct, enlarge or extend, equip, operate, and maintain |
| 355 | additional systems and facilities for: |
| 356 | (a) Parks and facilities for indoor and outdoor |
| 357 | recreational, cultural, and educational uses. |
| 358 | (b) Fire prevention and control, including fire stations, |
| 359 | water mains and plugs, fire trucks, and other vehicles and |
| 360 | equipment. |
| 361 | (c) School buildings and related structures and site |
| 362 | improvements, which may be leased, sold, or donated to the |
| 363 | school district, for use in the educational system when |
| 364 | authorized by the district school board. |
| 365 | (d) Security, including, but not limited to, guardhouses, |
| 366 | fences and gates, electronic intrusion-detection systems, and |
| 367 | patrol cars, when authorized by proper governmental agencies; |
| 368 | except that the district may not exercise any police power, but |
| 369 | may contract with the appropriate local general-purpose |
| 370 | government agencies for an increased level of such services |
| 371 | within the district boundaries. |
| 372 | (e) Control and elimination of mosquitoes and other |
| 373 | arthropods of public health importance. |
| 374 | (f) Waste collection and disposal. |
| 375 | (4)(a) To adopt rules necessary for the district to |
| 376 | enforce certain deed restrictions pertaining to the use and |
| 377 | operation of real property within the district or outside the |
| 378 | district if pursuant to an interlocal agreement under chapter |
| 379 | 163. For the purpose of this subsection, "deed restrictions" are |
| 380 | those covenants, conditions, and restrictions contained in any |
| 381 | applicable declarations of covenants and restrictions that |
| 382 | govern the use and operation of real property within the |
| 383 | district and, for which covenants, conditions, and restrictions, |
| 384 | there is no homeowners' association or property owner's |
| 385 | association having respective enforcement powers. The district |
| 386 | may adopt by rule all or certain portions of the deed |
| 387 | restrictions that: |
| 388 | 1. Relate to limitations or prohibitions that apply only |
| 389 | to external structures and are deemed by the district to be |
| 390 | generally beneficial for the district's landowners and for which |
| 391 | enforcement by the district is appropriate, as determined by the |
| 392 | district's board of supervisors; or |
| 393 | 2. Are consistent with the requirements of a development |
| 394 | order or regulatory agency permit. |
| 395 | Section 9. Section 190.014, Florida Statutes, is amended |
| 396 | to read: |
| 397 | 190.014 Issuance of bond anticipation notes.--In addition |
| 398 | to the other powers provided for in this act, and not in |
| 399 | limitation thereof, the district shall have the power, at any |
| 400 | time, and from time to time after the issuance of any bonds of |
| 401 | the district shall have been authorized, to borrow money for the |
| 402 | purposes for which such bonds are to be issued in anticipation |
| 403 | of the receipt of the proceeds of the sale of such bonds and to |
| 404 | issue bond anticipation notes in a principal sum not in excess |
| 405 | of the authorized maximum amount of such bond issue. Such notes |
| 406 | shall be in such denomination or denominations, bear interest at |
| 407 | such rate as the board may determine in compliance with s. |
| 408 | 215.84, mature at such time or times not later than 5 years from |
| 409 | the date of issuance, and be in such form and executed in such |
| 410 | manner as the board shall prescribe. Such notes may be sold at |
| 411 | either public or private sale or, if such notes shall be renewal |
| 412 | notes, may be exchanged for notes then outstanding on such terms |
| 413 | as the board shall determine. Such notes shall be paid from the |
| 414 | proceeds of such bonds when issued. The board may, in its |
| 415 | discretion, in lieu of retiring the notes by means of bonds, |
| 416 | retire them by means of current revenues or from any taxes or |
| 417 | assessments levied for the payment of such bonds; but in such |
| 418 | event a like amount of the bonds authorized shall not be issued. |
| 419 | Non-ad valorem assessments levied to pay interest on bond |
| 420 | anticipation notes shall not constitute an installment of |
| 421 | assessments under s. 190.022. |
| 422 | Section 10. Subsections (2), (3), and (9) of section |
| 423 | 190.021, Florida Statutes, are amended to read: |
| 424 | 190.021 Taxes; non-ad valorem assessments.-- |
| 425 | (2) BENEFIT SPECIAL ASSESSMENTS.--The board shall annually |
| 426 | determine, order, and levy the annual installment of the total |
| 427 | benefit special assessments for bonds issued and related |
| 428 | expenses to finance district facilities and projects which are |
| 429 | levied under this act. These assessments may be due and |
| 430 | collected during each year that county taxes are due and |
| 431 | collected, in which case such annual installment and levy shall |
| 432 | be evidenced to and certified to the property appraiser by the |
| 433 | board not later than August 31 of each year, and such assessment |
| 434 | shall be entered by the property appraiser on the county tax |
| 435 | rolls, and shall be collected and enforced by the tax collector |
| 436 | in the same manner and at the same time as county taxes, and the |
| 437 | proceeds thereof shall be paid to the district. However, this |
| 438 | subsection shall not prohibit the district in its discretion |
| 439 | from using the method prescribed in either s. 197.363 or s. |
| 440 | 197.3632 for collecting and enforcing these assessments. Notice |
| 441 | of the proposed amount of the assessment pursuant to s. 197.3635 |
| 442 | that includes the date and time of the hearing may be used in |
| 443 | lieu of the notice provisions of s. 197.3632(4)(b). These |
| 444 | benefit special assessments shall be a lien on the property |
| 445 | against which assessed until paid and shall be enforceable in |
| 446 | like manner as county taxes. The amount of the assessment for |
| 447 | the exercise of the district's powers under ss. 190.011 and |
| 448 | 190.012 shall be determined by the board based upon a report of |
| 449 | the district's engineer and assessed by the board upon such |
| 450 | lands, which may be part or all of the lands within the district |
| 451 | benefited by the improvement, apportioned between benefited |
| 452 | lands in proportion to the benefits received by each tract of |
| 453 | land. |
| 454 | (3) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and |
| 455 | preserve the facilities and projects of the district, the board |
| 456 | may levy a maintenance special assessment. This assessment may |
| 457 | be evidenced to and certified to the property appraiser by the |
| 458 | board of supervisors not later than August 31 of each year and |
| 459 | shall be entered by the property appraiser on the county tax |
| 460 | rolls and shall be collected and enforced by the tax collector |
| 461 | in the same manner and at the same time as county taxes, and the |
| 462 | proceeds therefrom shall be paid to the district. However, this |
| 463 | subsection shall not prohibit the district in its discretion |
| 464 | from using the method prescribed in either s. 197.363 or s. |
| 465 | 197.3632 for collecting and enforcing these assessments. Notice |
| 466 | of the proposed amount of the assessment pursuant to s. 197.3635 |
| 467 | that includes the date and time of the hearing may be used in |
| 468 | lieu of the notice provisions of s. 197.3632(4)(b). These |
| 469 | maintenance special assessments shall be a lien on the property |
| 470 | against which assessed until paid and shall be enforceable in |
| 471 | like manner as county taxes. The amount of the maintenance |
| 472 | special assessment for the exercise of the district's powers |
| 473 | under ss. 190.011 and 190.012 shall be determined by the board |
| 474 | based upon a report of the district's engineer and assessed by |
| 475 | the board upon such lands, which may be all of the lands within |
| 476 | the district benefited by the maintenance thereof, apportioned |
| 477 | between the benefited lands in proportion to the benefits |
| 478 | received by each tract of land. |
| 479 | (9) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit |
| 480 | special assessments and maintenance special assessments |
| 481 | authorized by this section, and special assessments authorized |
| 482 | by s. 190.022 and chapter 170, shall constitute a lien on the |
| 483 | property against which assessed from the date of imposition |
| 484 | thereof until paid, coequal with the lien of state, county, |
| 485 | municipal, and school board taxes. These non-ad valorem |
| 486 | assessments may be collected, at the district's discretion, by |
| 487 | the tax collector pursuant to the provisions of s. 197.363 or s. |
| 488 | 197.3632, or in accordance with other collection measures |
| 489 | provided by law. |
| 490 | Section 11. Subsections (1) and (3) of section 190.033, |
| 491 | Florida Statutes, are amended to read: |
| 492 | 190.033 Bids required.-- |
| 493 | (1) No contract shall be let by the board for any goods, |
| 494 | supplies, or materials to be purchased when the amount thereof |
| 495 | to be paid by the district shall exceed the amount provided in |
| 496 | s. 287.017 for category four, unless notice of bids or other |
| 497 | competitive solicitation, including requests for proposals or |
| 498 | qualifications, is shall be advertised once in a newspaper in |
| 499 | general circulation in the county and in the district. Any board |
| 500 | seeking to construct or improve a public building, structure, or |
| 501 | other public works shall comply with the bidding procedures of |
| 502 | s. 255.20 and other applicable general law. In each case, the |
| 503 | bid of the lowest responsive and responsible bidder shall be |
| 504 | accepted unless all bids are rejected because the bids are too |
| 505 | high, or the board determines it is in the best interests of the |
| 506 | district to reject all bids. In each case in which requests for |
| 507 | proposals, qualifications, or other competitive solicitations |
| 508 | are used, the district shall determine which response is most |
| 509 | advantageous for the district and award the contract to that |
| 510 | proposer. The board may require the bidders or proposers to |
| 511 | furnish bond with a responsible surety to be approved by the |
| 512 | board. If the district does not receive a response to its |
| 513 | competitive solicitation, the district may proceed to purchase |
| 514 | such goods, supplies, materials, or construction services in the |
| 515 | manner it deems in the best interests of the district. Nothing |
| 516 | in this section shall prevent the board from undertaking and |
| 517 | performing the construction, operation, and maintenance of any |
| 518 | project or facility authorized by this act by the employment of |
| 519 | labor, material, and machinery. |
| 520 | (3) Contracts for maintenance services for any district |
| 521 | facility or project shall be subject to competitive solicitation |
| 522 | bidding requirements when the amount thereof to be paid by the |
| 523 | district exceeds the amount provided in s. 287.017 for category |
| 524 | four. The district shall adopt rules, policies, or procedures |
| 525 | establishing competitive solicitation bidding procedures for |
| 526 | maintenance services. Contracts for other services shall not be |
| 527 | subject to competitive solicitation bidding unless the district |
| 528 | adopts a rule, policy, or procedure applying competitive |
| 529 | solicitation bidding procedures to said contracts. |
| 530 | Section 12. Subsection (1) of section 190.046, Florida |
| 531 | Statutes, is amended to read: |
| 532 | 190.046 Termination, contraction, or expansion of |
| 533 | district.-- |
| 534 | (1) The board may petition to contract or expand the |
| 535 | boundaries of a community development district in the following |
| 536 | manner: |
| 537 | (a) The petition shall contain the same information |
| 538 | required by s. 190.005(1)(a)1. and 8. In addition, if the |
| 539 | petitioner seeks to expand the district, the petition shall |
| 540 | describe the proposed timetable for construction of any district |
| 541 | services to the area, the estimated cost of constructing the |
| 542 | proposed services, and the designation of the future general |
| 543 | distribution, location, and extent of public and private uses of |
| 544 | land proposed for the area by the future land use plan element |
| 545 | of the adopted local government local comprehensive plan. If the |
| 546 | petitioner seeks to contract the district, the petition shall |
| 547 | describe what services and facilities are currently provided by |
| 548 | the district to the area being removed, and the designation of |
| 549 | the future general distribution, location, and extent of public |
| 550 | and private uses of land proposed for the area by the future |
| 551 | land element of the adopted local government comprehensive plan. |
| 552 | (b) For those districts initially established by county |
| 553 | ordinance, the petition for ordinance amendment shall be filed |
| 554 | with the county commission. If the land to be included or |
| 555 | excluded is, in whole or in part, within the boundaries of a |
| 556 | municipality, then the county commission shall not amend the |
| 557 | ordinance without municipal approval. A public hearing shall be |
| 558 | held in the same manner and with the same public notice as other |
| 559 | ordinance amendments. The county commission shall consider the |
| 560 | record of the public hearing and the factors set forth in s. |
| 561 | 190.005(1)(e) in making its determination to grant or deny the |
| 562 | petition for ordinance amendment. |
| 563 | (c) For those districts initially established by municipal |
| 564 | ordinance pursuant to s. 190.005(2)(e), the municipality shall |
| 565 | assume the duties of the county commission set forth in |
| 566 | paragraph (b); however, if any of the land to be included or |
| 567 | excluded, in whole or in part, is outside the boundaries of the |
| 568 | municipality, then the municipality shall not amend its |
| 569 | ordinance without county commission approval. |
| 570 | (d)1. For those districts initially established by |
| 571 | administrative rule pursuant to s. 190.005(1), the petition |
| 572 | shall be filed with the Florida Land and Water Adjudicatory |
| 573 | Commission. |
| 574 | 2. Prior to filing the petition, the petitioner shall pay |
| 575 | a filing fee of $1,500 to the county, if the district or the |
| 576 | land to be added to or deleted from the district is located |
| 577 | within an unincorporated area, or to the municipality, if the |
| 578 | district or the land to be added to or deleted from the district |
| 579 | is located within an incorporated area, and to each municipality |
| 580 | the boundaries of which are contiguous with or contain all or a |
| 581 | portion of the land to be added to or deleted from the external |
| 582 | boundaries of within the district. The petitioner shall submit a |
| 583 | copy of the petition to the same entities entitled to receive |
| 584 | the filing fee or the proposed amendment, and submit a copy of |
| 585 | the petition to the county and to each such municipality. In |
| 586 | addition, if the district is not the petitioner, the petitioner |
| 587 | shall file the petition with the district board of supervisors. |
| 588 | 3. Each The county and each municipality shall have the |
| 589 | option of holding a public hearing as provided by s. |
| 590 | 190.005(1)(c). However, such public hearing shall be limited to |
| 591 | consideration of the contents of the petition and whether the |
| 592 | petition for amendment should be supported by the county or |
| 593 | municipality. |
| 594 | 4. The district board of supervisors shall, in lieu of a |
| 595 | hearing officer, hold the local public hearing provided for by |
| 596 | s. 190.005(1)(d). This local public hearing shall be noticed in |
| 597 | the same manner as provided in s. 190.005(1)(d). Within 45 days |
| 598 | of the conclusion of the hearing, the district board of |
| 599 | supervisors shall transmit to the Florida Land and Water |
| 600 | Adjudicatory Commission the full record of the local hearing, |
| 601 | the transcript of the hearing, any resolutions adopted by the |
| 602 | local general-purpose governments, and its recommendation |
| 603 | whether to grant the petition for amendment. The commission |
| 604 | shall then proceed in accordance with s. 190.005(1)(e). |
| 605 | 5. A rule amending a district boundary shall describe the |
| 606 | land to be added or deleted. |
| 607 | (e) In all cases, written consent of all the landowners |
| 608 | whose land is to be added to or deleted from the district shall |
| 609 | be required. The filing of the petition for expansion or |
| 610 | contraction by the district board of supervisors shall |
| 611 | constitute consent of the landowners within the district other |
| 612 | than of landowners whose land is proposed to be added to or |
| 613 | removed from the district. |
| 614 | (e)(f)1. During the existence of a district initially |
| 615 | established by administrative rule, the process petitions to |
| 616 | amend the boundaries of the district pursuant to paragraphs (a)- |
| 617 | (d) (a)-(e) shall not exceed be limited to a cumulative net |
| 618 | total of no more than 10 percent of the land in the initial |
| 619 | district, and in no event exceed shall all such petitions to |
| 620 | amend the boundaries ever encompass more than a total of 250 |
| 621 | acres on a cumulative net basis. |
| 622 | 2. During the existence of a district For districts |
| 623 | initially established by county or municipal ordinance, the |
| 624 | limitation provided by this paragraph shall not exceed be a |
| 625 | cumulative net total of no more than 50 percent of the land in |
| 626 | the initial district, and in no event exceed shall all such |
| 627 | petitions to amend the boundaries ever encompass more than a |
| 628 | total of 500 acres on a cumulative basis. |
| 629 | 3. Boundary expansions for districts initially established |
| 630 | by county or municipal ordinance shall follow the procedure set |
| 631 | forth in paragraph (b) or paragraph (c). |
| 632 | (f)(g) Petitions to amend the boundaries of the district |
| 633 | which exceed the amount of land specified in paragraph (e) (f) |
| 634 | shall be considered petitions to establish a new district, and |
| 635 | shall follow all of the procedures specified in s. |
| 636 | 190.005(1)(a)1., 5., 6., 7., and 8., and shall follow the |
| 637 | process set forth in s. 190.005 for establishment of a new |
| 638 | district. However, the resulting administrative rule or |
| 639 | ordinance shall only have the effect of amending the boundary of |
| 640 | the district and shall not serve to establish a new district or |
| 641 | cause a new 6-year or 10-year period to begin pursuant to s. |
| 642 | 190.006(3)(a)2. |
| 643 | (g) In all cases of any petition to amend the boundaries |
| 644 | of the district, the filing of the petition for expansion or |
| 645 | contraction by the district board of supervisors shall |
| 646 | constitute consent of the landowners within the district, with |
| 647 | the exception of those landowners whose land is to be added to |
| 648 | or deleted from the district. In all cases of any petition to |
| 649 | amend the boundaries of the district, the written consent of |
| 650 | those landowners whose land is to be added to or deleted from |
| 651 | the district shall be required. |
| 652 | Section 13. Subsection (1) of section 190.047, Florida |
| 653 | Statutes, is amended to read: |
| 654 | 190.047 Incorporation or annexation of district.-- |
| 655 | (1) Upon attaining the population standards for |
| 656 | incorporation contained in s. 165.061 and as determined by the |
| 657 | Department of Community Affairs, any district wholly contained |
| 658 | within the unincorporated area of a county that also meets the |
| 659 | other requirements for incorporation contained in s. 165.061 |
| 660 | shall hold a referendum at a general election on the question of |
| 661 | whether to incorporate. However, any district contiguous to the |
| 662 | boundary of a municipality may be annexed to such municipality |
| 663 | pursuant to the provisions of chapter 171. |
| 664 | Section 14. Except as otherwise expressly provided in this |
| 665 | act, this act shall take effect July 1, 2007. |