Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2700
                        Barcode 085080
                            CHAMBER ACTION
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11  The Committee on Finance and Tax (Haridopolos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (6), paragraph (p) of subsection
19  (7), and subsections (20) and (21) of section 190.003, Florida
20  Statutes, are amended to read:
21         190.003  Definitions.--As used in this chapter, the
22  term:
23         (6)  "Community development district" means a local
24  unit of special-purpose government which is created pursuant
25  to this act and limited to the performance of those
26  specialized functions authorized by this chapter act; the
27  boundaries of which are contained wholly within a single
28  county; the governing head of which is a body created,
29  organized, and constituted and authorized to function for the
30  purpose of specifically as prescribed in this act for the
31  delivery of urban community development services; and the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 formation, powers, governing body, operation, duration, 2 accountability, requirements for disclosure, and termination 3 of which are as required by general law. 4 (7) "Cost," when used with reference to any project, 5 includes, but is not limited to: 6 (p) Payments, contributions, dedications, fair share 7 or concurrency obligations, and any other exactions required 8 as a condition for receiving to receive any government 9 approval or permit necessary to accomplish any district 10 purpose. 11 (20) "Water management and control facilities" means 12 any lakes, canals, ditches, reservoirs, dams, levees, 13 sluiceways, floodways, curbs, gutters, pumping stations, or 14 any other works, structures, or facilities for the 15 conservation, control, development, utilization, and disposal 16 of water, and any purposes appurtenant, necessary, or 17 incidental thereto. The term "water management and control 18 facilities" includes all real and personal property and any 19 interest therein, rights, easements, and franchises of any 20 nature relating to any such water management and control 21 facilities or necessary or convenient for the acquisition, 22 construction, reconstruction, operation, or maintenance 23 thereof. 24 (21) "Water system" means any plant, system, facility, 25 or property and additions, extensions, and improvements 26 thereto at any future time constructed or acquired as part 27 thereof, useful or necessary or having the present capacity 28 for future use in connection with the development of sources, 29 treatment, or purification and distribution of water. Without 30 limiting the generality of the foregoing, the term "water 31 system" includes dams, reservoirs, storage, tanks, mains, 2 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 lines, valves, hydrants, pumping stations, chilled water 2 distribution systems, laterals, and pipes for the purpose of 3 carrying water to the premises connected with such system, and 4 all rights, easements, and franchises of any nature relating 5 to any such system and necessary or convenient for the 6 operation thereof. 7 Section 2. Paragraphs (b), (c), and (f) of subsection 8 (1) and paragraphs (d) and (e) of subsection (2) of section 9 190.005, Florida Statutes, are amended to read: 10 190.005 Establishment of district.-- 11 (1) The exclusive and uniform method for the 12 establishment of a community development district with a size 13 of 1,000 acres or more shall be pursuant to a rule, adopted 14 under chapter 120 by the Florida Land and Water Adjudicatory 15 Commission, granting a petition for the establishment of a 16 community development district. 17 (b) Prior to filing the petition, the petitioner 18 shall: 19 1. Pay a filing fee of $15,000 to the county if 20 located within an unincorporated area, or to the municipality 21 if located within an incorporated area, and to each 22 municipality the boundaries of which are contiguous with, or 23 contain all or a portion of the land within, the external 24 boundaries of the district. 25 2. Submit a copy of the petition to the county if 26 located within an unincorporated area, or to the municipality 27 if located within an incorporated area, and to each 28 municipality the boundaries of which are contiguous with, or 29 contain all or a portion of, the land within the external 30 boundaries of the district. 31 3. If land to be included within a district is located 3 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 partially within the unincorporated area of one or more 2 counties and partially within a municipality or within two or 3 more municipalities, pay a $15,000 filing fee to each entity. 4 Districts established across county boundaries shall be 5 required to maintain records, hold meetings and hearings, and 6 publish notices only in the county where the majority of the 7 acreage within the district lies. 8 (c) Each Such county and each such municipality 9 required by law to receive a petition may conduct a public 10 hearing to consider the relationship of the petition to the 11 factors specified in paragraph (e). The public hearing must 12 shall be held concluded within 45 days after the date the 13 petition is filed unless an extension of time is requested by 14 the petitioner and granted by the county or municipality. The 15 county or municipality holding such public hearing may by 16 resolution express its support of, or objection to the 17 granting of, the petition by the Florida Land and Water 18 Adjudicatory Commission. The A resolution must base any 19 objection to the granting of the petition on upon the factors 20 specified in paragraph (e). Such county or municipality may 21 present its resolution of support or objection at the Florida 22 Land and Water Adjudicatory Commission hearing and shall be 23 provided afforded an opportunity to present relevant 24 information in support of its resolution. 25 (f) The Florida Land and Water Adjudicatory Commission 26 shall not adopt any rule which would expand, modify, or delete 27 any provision of the uniform community development district 28 charter as set forth in ss. 190.006-190.041, except as 29 provided in s. 190.012. A rule establishing a community 30 development district shall contain only the following: 31 1. A metes and bounds description of Describe the 4 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 external boundaries of the district and any real property 2 within the external boundaries of the district which is to be 3 excluded. 4 2. The names of Name five persons designated to be the 5 initial members of the board of supervisors. 6 3. The name of the district. 7 (2) The exclusive and uniform method for the 8 establishment of a community development district of less than 9 1,000 acres in size shall be pursuant to an ordinance adopted 10 by the county commission of the county having jurisdiction 11 over the majority of land in the area in which the district is 12 to be located granting a petition for the establishment of a 13 community development district as follows: 14 (d) The county commission shall not adopt any 15 ordinance which would expand, modify, or delete any provision 16 of the uniform community development district charter as set 17 forth in ss. 190.006-190.041. An ordinance establishing a 18 community development district shall include only the matters 19 provided for in paragraph (1)(f) unless the petitioner has 20 requested, and the county consents to any of the optional 21 powers identified in s. 190.012(2). 22 (e) If all of the land in the area for the proposed 23 district is within the territorial jurisdiction of a municipal 24 corporation, then the petition requesting establishment of the 25 a community development district under this act shall be filed 26 by the petitioner with that particular municipal corporation. 27 In such event, the duties of the county, hereinabove 28 described, in action upon the petition shall be the duties of 29 the municipal corporation. If any of the land area of a 30 proposed district is within the land area of a municipality, 31 the county commission may not create the district without 5 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 municipal approval. If all of the land in the area for the 2 proposed district, even if less than 1,000 acres, is within 3 the territorial jurisdiction of two or more municipalities, 4 the petition shall be filed with the Florida Land and Water 5 Adjudicatory Commission, and the petitioner shall proceed in 6 accordance with subsection (1). 7 Section 3. Paragraph (b) of subsection (2) and 8 paragraph (b) of subsection (3) of section 190.006, Florida 9 Statutes, are amended to read: 10 190.006 Board of supervisors; members and meetings.-- 11 (2) 12 /t) At such meeting, each landowner shall be entitled 13 to cast one vote per acre of land owned by him or her and 14 located within the district for each person to be elected. A 15 landowner may vote in person or by written proxy in writing. 16 Each proxy must be signed by one of the legal owners of the 17 property for which the vote is cast and must contain the typed 18 or printed name of the individual who signed the proxy; the 19 street address, legal description of the property, or tax 20 parcel identification number; and the number of authorized 21 votes. If the proxy authorizes more than one vote, each 22 property must be listed and the number of acres of each 23 property must be included. The signature on a proxy need not 24 be notarized. A fraction of an acre shall be treated as 1 25 acre, entitling the landowner to one vote with respect 26 thereto. For the purpose of determining voting interests, 27 platted lots shall be counted individually and rounded up to 28 the nearest whole acre. The acreage of platted lots is not 29 aggregated for determining the number of voting units held by 30 a landowner or a landowner's proxy. The two candidates 31 receiving the highest number of votes shall be elected for a 6 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 period of 4 years, and the three candidates receiving the next 2 largest number of votes shall be elected for a period of 2 3 years, with the term of office for each successful candidate 4 commencing upon election. The members of the first board 5 elected by landowners shall be elected to serve their 6 respective 4-year or 2-year terms; however, the next election 7 by landowners shall be held on the first Tuesday in November. 8 Thereafter, there shall be an election of supervisors for the 9 district every 2 years in November on a date established by 10 the board and noticed pursuant to paragraph (a). The second 11 and subsequent landowners' election shall be announced at a 12 public meeting of the board at least 90 days before prior to 13 the date of the landowners' meeting and shall also be noticed 14 pursuant to paragraph (a). Instructions on how all landowners 15 may participate in the election, along with sample proxies, 16 shall be provided during the board meeting that announces the 17 landowners' meeting. The two candidates receiving the highest 18 number of votes shall be elected to serve for a 4-year period, 19 and the remaining candidate elected shall be elected to serve 20 for a 2-year period. 21 (3) 22 (b) Elections of board members by qualified electors 23 held pursuant to this subsection shall be nonpartisan and 24 shall be conducted in the manner prescribed by law for holding 25 general elections. The district shall publish a notice of the 26 qualifying period for each election, as determined by the 27 supervisor of elections, at least 2 weeks before the start of 28 the qualifying period. Board members shall assume the office 29 on the second Tuesday following their election. If no elector 30 qualifies for a seat to be filled in an election, a vacancy in 31 that seat shall be declared by the board effective on the 7 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 second Tuesday following the election. Within 90 days after 2 declaring the vacancy, the board shall appoint a qualified 3 elector to fill the vacancy. Until such appointment, the 4 incumbent board member in that seat shall remain in office. 5 Section 4. Effective October 1, 2007, subsection (1) 6 of section 190.007, Florida Statutes, is amended to read: 7 190.007 Board of supervisors; general duties.-- 8 (1) The board shall employ, and fix the compensation 9 of, a district manager. The district manager shall have 10 charge and supervision of the works of the district and shall 11 be responsible for preserving and maintaining any improvement 12 or facility constructed or erected pursuant to the provisions 13 of this chapter act, for maintaining and operating the 14 equipment owned by the district, and for performing such other 15 duties as may be prescribed by the board. It is shall not be a 16 conflict of interest under chapter 112 for a board member or 17 the district manager or another employee of the district to be 18 a stockholder, officer, or employee of a landowner or of an 19 entity affiliated with a landowner. The district manager may 20 hire or otherwise employ and terminate the employment of such 21 other persons, including, without limitation, professional, 22 supervisory, and clerical employees, as may be necessary and 23 authorized by the board. The compensation and other 24 conditions of employment of the officers and employees of the 25 district shall be as provided by the board. 26 Section 5. Paragraph (a) of subsection (2) of section 27 190.008, Florida Statutes, is amended to read: 28 190.008 Budget; reports and reviews.-- 29 (2)(a) On or before each June July 15, the district 30 manager shall prepare a proposed budget for the ensuing fiscal 31 year to be submitted to the board for board approval. The 8 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 proposed budget shall include, at the direction of the board, 2 an estimate of all necessary expenditures of the district for 3 the ensuing fiscal year and an estimate of income to the 4 district from the taxes, and assessments, and other revenues 5 provided in this chapter act. The board shall consider the 6 proposed budget item by item and may either approve the budget 7 as proposed by the district manager or modify the same in part 8 or in whole. The board shall indicate its approval of the 9 budget by resolution, which resolution shall provide for a 10 hearing on the budget as approved. Notice of the hearing on 11 the budget shall be published in a newspaper of general 12 circulation in the area of the district once a week for 2 13 consecutive weeks, except that the first publication shall be 14 at least not fewer than 15 days before prior to the date of 15 the hearing. The notice shall further contain a designation of 16 the day, time, and place of the public hearing. At the time 17 and place designated in the notice, the board shall hear all 18 objections to the budget as proposed and may make such changes 19 as the board deems necessary. At the conclusion of the budget 20 hearing, the board shall, by resolution, adopt the budget as 21 finally approved by the board. The budget must shall be 22 adopted by prior to October 1 of each year. 23 Section 6. Subsection (1) of section 190.009, Florida 24 Statutes, is amended to read: 25 190.009 Disclosure of public financing.-- 26 (1) The district shall take affirmative steps to 27 provide for the full disclosure of information relating to the 28 public financing and maintenance of improvements to real 29 property undertaken by the district. Such information shall be 30 made available to all current existing residents, and to all 31 prospective residents, of the district. The district shall 9 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 furnish each developer of a residential development within the 2 district with sufficient copies of that information to provide 3 each prospective initial purchaser of property in that 4 development with a copy, and any developer of a residential 5 development within the district, when required by law to 6 provide a public offering statement, shall include a copy of 7 such information relating to the public financing and 8 maintenance of improvements in the public offering statement. 9 The district shall file the disclosure documents required by 10 this subsection and any amendments thereto in the property 11 records of each county in which the district is located. 12 Section 7. Subsection (14) of section 190.011, Florida 13 Statutes, is amended to read: 14 190.011 General powers.--The district shall have, and 15 the board may exercise, the following powers: 16 (14) To determine, order, levy, impose, collect, and 17 enforce special assessments pursuant to this chapter act and 18 chapter 170. Such special assessments may, in the discretion 19 of the district, be collected and enforced pursuant to the 20 provisions of ss. 197.3631, 197.3632, and 197.3635, or chapter 21 170 or chapter 173. 22 Section 8. Paragraph (d) of subsection (1) of section 23 190.012, Florida Statutes, is amended, paragraph (h) is added 24 to that subsection, and subsection (2) and paragraph (a) and 25 (b) of subsection (4) of that section are amended, to read: 26 190.012 Special powers; public improvements and 27 community facilities.--The district shall have, and the board 28 may exercise, subject to the regulatory jurisdiction and 29 permitting authority of all applicable governmental bodies, 30 agencies, and special districts having authority with respect 31 to any area included therein, any or all of the following 10 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 special powers relating to public improvements and community 2 facilities authorized by this act: 3 (1) To finance, fund, plan, establish, acquire, 4 construct or reconstruct, enlarge or extend, equip, operate, 5 and maintain systems, facilities, and basic infrastructures 6 for the following: 7 (d)1. District roads equal to or exceeding the 8 applicable specifications of the county in which such district 9 roads are located; roads and improvements to existing public 10 roads that are owned by or conveyed to the local 11 general-purpose government, the state, or the Federal 12 Government; , and street lights; alleys; landscaping; 13 hardscaping; and the undergrounding of electric utility lines. 14 The district may convey undergrounding of electric utility 15 lines to the retail electric utility provider within the 16 district. 17 2. Buses, trolleys, transit shelters, ridesharing 18 facilities and services, parking improvements, and related 19 signage. 20 (h) Any other project, facility, or service required 21 by a development approval, interlocal agreement, zoning 22 condition, or permit issued by a governmental authority having 23 jurisdiction in the district. 24 (2) After the board has obtained the consent of the 25 local general-purpose government consents to the exercise by 26 the district of a power within the jurisdiction of the local 27 government which a power specified in this subsection is to be 28 exercised, the district shall have the power to plan, 29 establish, acquire, construct or reconstruct, enlarge or 30 extend, equip, operate, and maintain additional systems and 31 facilities for: 11 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 (a) Parks and facilities for indoor and outdoor 2 recreational, cultural, and educational uses. 3 (b) Fire prevention and control, including fire 4 stations, water mains and plugs, fire trucks, and other 5 vehicles and equipment. 6 (c) School buildings and related structures and site 7 improvements, which may be leased, sold, or donated to the 8 school district, for use in the educational system if when 9 authorized by the district school board. 10 (d) Security, including, but not limited to, 11 guardhouses, fences and gates, electronic intrusion-detection 12 systems, and patrol cars, if when authorized by proper 13 governmental agencies; except that the district may not 14 exercise any police power, but may contract with the 15 appropriate local general-purpose government agencies for an 16 increased level of such services within the district 17 boundaries. 18 (e) Control and elimination of mosquitoes and other 19 arthropods of public health importance. 20 (f) Waste collection and disposal. 21 (4)(a) To adopt rules necessary for enforcing the 22 district to enforce certain deed restrictions pertaining to 23 the use and operation of real property within the district and 24 outside the district if pursuant to an interlocal agreement 25 under chapter 163. For the purpose of this subsection, "deed 26 restrictions" are those covenants, conditions, and 27 restrictions contained in any applicable declarations of 28 covenants and restrictions that govern the use and operation 29 of real property within the district and, for which covenants, 30 conditions, and restrictions, there is no homeowners' 31 association or property owner's association having respective 12 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 enforcement powers. The district may adopt by rule all or 2 certain portions of the deed restrictions that: 3 1. Relate to limitations or prohibitions that apply 4 only to external structures and are deemed by the district to 5 be generally beneficial for the district's landowners and for 6 which enforcement by the district is appropriate, as 7 determined by the district's board of supervisors; or 8 2. Are consistent with the requirements of a 9 development order or regulatory agency permit. 10 (b) The board may vote to adopt such rules only when 11 all of the following conditions exist: 12 1. The district's geographic area contains no 13 homeowners' associations as defined in s. 720.301(9); 14 2. The district was in existence on the effective date 15 of this subsection, or is located within a development that 16 consists of multiple developments of regional impact and a 17 Florida Quality Development; 18 3. For residential districts, the majority of the 19 board has been elected by qualified electors pursuant to the 20 provisions of s. 190.006; and 21 4. The declarant in any applicable declarations of 22 covenants and restrictions has provided the board with a 23 written agreement that such rules may be adopted. A memorandum 24 of the agreement shall be recorded in the public records. 25 Section 9. Section 190.014, Florida Statutes, is 26 amended to read: 27 190.014 Issuance of bond anticipation notes.--In 28 addition to the other powers provided for under this chapter 29 in this act, and not in limitation thereof, the district shall 30 have the power, at any time, and from time to time after the 31 issuance of any bonds of the district shall have been 13 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 authorized, to borrow money for the purposes for which such 2 bonds are to be issued in anticipation of the receipt of the 3 proceeds from of the sale of such bonds and to issue bond 4 anticipation notes in a principal sum that does exceed not in 5 excess of the authorized maximum amount of the such bond 6 issue. The Such notes shall be in such denomination or 7 denominations, bear interest at such rate as the board may 8 determine in compliance with s. 215.84, mature at such time or 9 times not later than 5 years from the date of issuance, and be 10 in such form and executed in such manner as the board shall 11 prescribe. The Such notes may be sold at either public or 12 private sale or, if such notes are shall be renewal notes, may 13 be exchanged for notes then outstanding on such terms as the 14 board shall determine. The Such notes shall be paid from the 15 proceeds of such bonds when issued. The board may, in its 16 discretion, in lieu of retiring the notes by means of bonds, 17 retire them by means of current revenues or from any taxes or 18 assessments levied for the payment of such bonds; but in such 19 event a like amount of the bonds authorized may shall not be 20 issued. Non-ad valorem assessments levied to pay interest on 21 bond anticipation notes do not constitute an installment of 22 assessments under s. 190.022. 23 Section 10. Subsections (2), (3), and (9) of section 24 190.021, Florida Statutes, are amended to read: 25 190.021 Taxes; non-ad valorem assessments.-- 26 (2) BENEFIT SPECIAL ASSESSMENTS.--The board shall 27 annually determine, order, and levy the annual installment of 28 the total benefit special assessments for bonds issued and 29 related expenses to finance district facilities and projects 30 which are levied under this chapter act. These assessments may 31 be due and collected during each year that county taxes are 14 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 due and collected, in which case such annual installment and 2 levy shall be evidenced to and certified to the property 3 appraiser by the board not later than August 31 of each year, 4 and such assessment shall be entered by the property appraiser 5 on the county tax rolls, and shall be collected and enforced 6 by the tax collector in the same manner and at the same time 7 as county taxes, and the proceeds thereof shall be paid to the 8 district. However, this subsection does shall not prohibit the 9 district in its discretion from using the method prescribed in 10 either s. 197.363 or s. 197.3632 for collecting and enforcing 11 these assessments. Notice of the proposed amount of the 12 assessment provided pursuant to s. 200.069 which includes the 13 date and time of the hearing may be used in lieu of the notice 14 provisions of s. 197.3632(4)(b). These benefit special 15 assessments are shall be a lien on the property against which 16 assessed until paid and are shall be enforceable in like 17 manner as county taxes. The amount of the assessment for the 18 exercise of the district's powers under ss. 190.011 and 19 190.012 shall be determined by the board based upon a report 20 of the district's engineer and assessed by the board upon such 21 lands, which may be part or all of the lands within the 22 district benefited by the improvement, apportioned between 23 benefited lands in proportion to the benefits received by each 24 tract of land. 25 (3) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and 26 preserve the facilities and projects of the district, the 27 board may levy a maintenance special assessment. This 28 assessment may be evidenced to and certified to the property 29 appraiser by the board of supervisors not later than August 31 30 of each year and shall be entered by the property appraiser on 31 the county tax rolls and shall be collected and enforced by 15 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 the tax collector in the same manner and at the same time as 2 county taxes, and the proceeds therefrom shall be paid to the 3 district. However, this subsection does shall not prohibit the 4 district in its discretion from using the method prescribed in 5 either s. 197.363 or s. 197.3632 for collecting and enforcing 6 these assessments. Notice of the proposed amount of the 7 assessment provided pursuant to s. 200.069 which includes the 8 date and time of the hearing may be used in lieu of the notice 9 provisions of s. 197.3632(4)(b). These maintenance special 10 assessments are shall be a lien on the property against which 11 assessed until paid and are shall be enforceable in like 12 manner as county taxes. The amount of the maintenance special 13 assessment for the exercise of the district's powers under ss. 14 190.011 and 190.012 shall be determined by the board based 15 upon a report of the district's engineer and assessed by the 16 board upon such lands, which may be all of the lands within 17 the district benefited by the maintenance thereof, apportioned 18 between the benefited lands in proportion to the benefits 19 received by each tract of land. 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 and chapter 170, shall constitute a lien on the 24 property against which assessed from the date of imposition 25 thereof until paid, coequal with the lien of state, county, 26 municipal, and school board taxes. These non-ad valorem 27 assessments may be collected, at the district's discretion, by 28 the tax collector pursuant to the provisions of s. 197.363 or 29 s. 197.3632, or in accordance with other collection measures 30 provided by law. 31 Section 11. Section 190.026, Florida Statutes, is 16 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 amended to read: 2 190.026 Foreclosure of liens.--Any lien in favor of 3 the district arising under this chapter act may be foreclosed 4 by the district by foreclosure proceedings in the name of the 5 district in a court of competent jurisdiction as provided 6 under chapter 170 or by general law in like manner as is 7 provided in chapter 173 and amendments thereto; the provisions 8 of those chapters that chapter shall be applicable to such 9 proceedings with the same force and effect as if those 10 provisions were expressly set forth in this chapter act. Any 11 act required or authorized to be done by or on behalf of a 12 municipality in foreclosure proceedings under chapter 170 or 13 chapter 173 may be performed by such officer or agent of the 14 district as the board of supervisors may designate. Such 15 foreclosure proceedings may be brought at any time after the 16 expiration of 1 year after from the date any tax, or 17 installment thereof, becomes delinquent; however no lien may 18 shall be foreclosed against any political subdivision or 19 agency of the state. Other legal remedies shall remain 20 available. 21 Section 12. Subsections (1) and (3) of section 22 190.033, Florida Statutes, are amended to read: 23 190.033 Bids required.-- 24 (1) A No contract may not shall be let by the board 25 for any goods, supplies, or materials to be purchased when the 26 amount thereof to be paid by the district exceeds shall exceed 27 the amount provided in s. 287.017 for category four, unless 28 notice of bids or other competitive solicitation, including a 29 request for proposals or qualifications, is shall be 30 advertised once in a newspaper in general circulation in the 31 county and in the district. Any board seeking to construct or 17 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 improve a public building, structure, or other public works 2 must shall comply with the bidding procedures of s. 255.20 and 3 other applicable general law. In each case, the bid of the 4 lowest responsive and responsible bidder shall be accepted 5 unless all bids are rejected because the bids are too high, or 6 the board determines it is in the best interests of the 7 district to reject all bids. In each case in which requests 8 for proposals, qualifications, or other competitive 9 solicitations are used, the district shall determine which 10 response is most advantageous to the district and award the 11 contract to the proposer. The board may require the bidders or 12 proposers to furnish bond with a responsible surety to be 13 approved by the board. If the district does not receive a 14 response to its competitive solicitation, the district may 15 proceed to purchase such goods, supplies, materials, or 16 construction services in the manner it deems to be in the best 17 interest of the district. Nothing in This section does not 18 shall prevent the board from undertaking and performing the 19 construction, operation, and maintenance of any project or 20 facility authorized by this chapter act by the employment of 21 labor, material, and machinery. 22 (3) Contracts for maintenance services for any 23 district facility or project are shall be subject to 24 competitive solicitation bidding requirements when the amount 25 thereof to be paid by the district exceeds the amount provided 26 in s. 287.017 for category four. The district shall adopt 27 rules, policies, or procedures establishing competitive 28 solicitation bidding procedures for maintenance services. 29 Contracts for other services shall not be subject to 30 competitive solicitation bidding unless the district adopts a 31 rule, policy, or procedure applying competitive solicitation 18 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 bidding procedures to such said contracts. 2 Section 13. Subsection (1) of section 190.046, Florida 3 Statutes, is amended to read: 4 190.046 Termination, contraction, or expansion of 5 district.-- 6 (1) The board may petition to contract or expand the 7 boundaries of a community development district in the 8 following manner: 9 (a) The petition must shall contain the same 10 information required by s. 190.005(1)(a)1. and 8. In 11 addition, if the petitioner seeks to expand the district, the 12 petition must shall describe the proposed timetable for 13 construction of any district services to the area, the 14 estimated cost of constructing the proposed services, and the 15 designation of the future general distribution, location, and 16 extent of public and private uses of land proposed for the 17 area by the future land use plan element of the adopted local 18 government local comprehensive plan. If the petitioner seeks 19 to contract the district, the petition must shall describe 20 what services and facilities are currently provided by the 21 district to the area being removed, and the designation of the 22 future general distribution, location, and extent of public 23 and private uses of land proposed for the area by the future 24 land element of the adopted local government comprehensive 25 plan. 26 (b) For those districts initially established by 27 county ordinance, the petition for ordinance amendment must 28 shall be filed with the county commission. If the land to be 29 included or excluded is, in whole or in part, within the 30 boundaries of a municipality, then the county commission may 31 shall not amend the ordinance without municipal approval. A 19 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 public hearing must shall be held in the same manner and with 2 the same public notice as other ordinance amendments. The 3 county commission shall consider the record of the public 4 hearing and the factors set forth in s. 190.005(1)(e) in 5 making its determination to grant or deny the petition for 6 ordinance amendment. 7 (c) For those districts initially established by 8 municipal ordinance pursuant to s. 190.005(2)(e), the 9 municipality shall assume the duties of the county commission 10 set forth in paragraph (b); however, if any of the land to be 11 included or excluded, in whole or in part, is outside the 12 boundaries of the municipality, then the municipality may 13 shall not amend its ordinance without county commission 14 approval. 15 (d)1. For those districts initially established by 16 administrative rule pursuant to s. 190.005(1), the petition 17 shall be filed with the Florida Land and Water Adjudicatory 18 Commission. 19 1.2. Prior to filing the petition, the petitioner 20 shall pay a filing fee of $1,500 to the county if the district 21 or the land to be added or deleted from the district is 22 located within an unincorporated area, or to the municipality 23 if the district or the land to be added or deleted is located 24 within an incorporated area, and to each municipality the 25 boundaries of which are contiguous with or contain all or a 26 portion of the land within or to be added to or deleted from 27 the external boundaries of the district or the proposed 28 amendment, and submit a copy of the petition to the county and 29 to each such municipality. The petitioner shall submit a copy 30 of the petition to the same entities entitled to receive the 31 filing fee. In addition, if the district is not the 20 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 petitioner, the petitioner shall file the petition with the 2 district board of supervisors. 3 2.3. Each The county and each municipality shall have 4 the option of holding a public hearing as provided by s. 5 190.005(1)(c). However, the such public hearing shall be 6 limited to consideration of the contents of the petition and 7 whether the petition for amendment should be supported by the 8 county or municipality. 9 3.4. The district board of supervisors shall, in lieu 10 of a hearing officer, hold the local public hearing provided 11 for by s. 190.005(1)(d). This local public hearing shall be 12 noticed in the same manner as provided in s. 190.005(1)(d). 13 Within 45 days of the conclusion of the hearing, the district 14 board of supervisors shall transmit to the Florida Land and 15 Water Adjudicatory Commission the full record of the local 16 hearing, the transcript of the hearing, any resolutions 17 adopted by the local general-purpose governments, and its 18 recommendation whether to grant the petition for amendment. 19 The commission shall then proceed in accordance with s. 20 190.005(1)(e). 21 4.5. A rule amending a district boundary shall 22 describe the land to be added or deleted. 23 (e) In all cases, written consent of all the 24 landowners whose land is to be added to or deleted from the 25 district shall be required. The filing of the petition for 26 expansion or contraction by the district board of supervisors 27 shall constitute consent of the landowners within the district 28 other than of landowners whose land is proposed to be added to 29 or removed from the district. 30 (e)1.(f)1. During the existence of a district 31 initially established by administrative rule, the process 21 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 petitions to amend the boundaries of the district pursuant to 2 paragraphs (a)-(d) may not exceed (a)-(e) shall be limited to 3 a cumulative net total of no more than 10 percent of the land 4 in the initial district, and in no event exceed shall all such 5 petitions to amend the boundaries ever encompass more than a 6 total of 250 acres on a cumulative net basis. 7 2. During the existence of a district For districts 8 initially established by county or municipal ordinance, the 9 limitation provided by this paragraph may not exceed shall be 10 a cumulative net total of no more than 50 percent of the land 11 in the initial district, and in no event shall all such 12 petitions to amend the boundaries ever encompass more than a 13 total of 500 acres on a cumulative net basis. 14 3. Boundary expansions for districts initially 15 established by county or municipal ordinance shall follow the 16 procedure set forth in paragraph (b) or paragraph (c). 17 (f)(g) Petitions to amend the boundaries of the 18 district which exceed the amount of land specified in 19 paragraph (e) (f) shall be considered petitions to establish a 20 new district and shall follow all of the procedures specified 21 in s. 190.005(1)(a)1. and 5.-8. and must follow the process 22 provided in s. 190.005 for establishment of a new district. 23 However, the resulting administrative rule or ordinance only 24 amends the boundary of the district and does not establish a 25 new district or cause a new 6-year or 10-year period to begin 26 pursuant to s. 190.006(3)(a)2. s. 190.005. 27 (g) In all cases of a petition to amend the boundaries 28 of the district, the filing of the petition by the district 29 board of supervisors constitutes the consent of the landowners 30 within the district, with the exception of those landowners 31 whose land is to be added to or deleted from the district. In 22 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 such cases, the written consent of those landowners is 2 required. 3 Section 14. Subsection (1) of section 190.047, Florida 4 Statutes, is amended to read: 5 190.047 Incorporation or annexation of district.-- 6 (1) Upon attaining the population standards for 7 incorporation contained in s. 165.061, as determined by the 8 Department of Community Affairs, any district wholly contained 9 within the unincorporated area of a county which also meets 10 the other requirements for incorporation contained in s. 11 165.061 shall hold a referendum at a general election on the 12 question of whether to incorporate. However, any district 13 contiguous to the boundary of a municipality may be annexed to 14 the such municipality pursuant to the provisions of chapter 15 171. 16 Section 15. Except as otherwise expressly provided in 17 this act, this act shall take effect upon becoming a law. 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 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to community development 27 districts; amending s. 190.003, F.S.; revising 28 definitions relating to community development 29 districts; amending s. 190.005, F.S.; 30 specifying petition and filing fee requirements 31 for the establishment of districts; specifying 23 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 requirements for the adoption of certain rules 2 by the Florida Land and Water Adjudicatory 3 Commission; providing requirements for the 4 establishment of districts located in multiple 5 municipalities; amending s. 190.006, F.S.; 6 revising provisions for determining certain 7 voting units for landowners within a district; 8 requiring districts to publish notice of 9 qualifying periods for elections; providing 10 procedures for filling district board 11 vacancies; authorizing the board to appoint 12 qualified electors to the board under certain 13 circumstances; amending s. 190.007, F.S.; 14 specifying that certain affiliations are not a 15 conflict of interest for district board 16 members, managers, and employees; amending s. 17 190.008, F.S.; revising timeframes and 18 requirements for the preparation of proposed 19 district budgets; amending s. 190.009, F.S.; 20 requiring the district to file disclosure 21 documents and amendments relating to the public 22 financing and maintenance of certain property 23 in the property records of each county in which 24 the district is located; amending s. 190.011, 25 F.S.; revising statutory authorization for the 26 enforcement of district assessments; amending 27 s. 190.012, F.S.; revising district regulatory 28 jurisdiction and permitting authority for 29 certain public improvements and community 30 facilities; authorizing the district to convey 31 certain activities to utility providers; 24 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 authorizing the district to adopt rules for 2 enforcement of deed restrictions outside the 3 district pursuant to an interlocal agreement; 4 revising the requirements for the adoption of 5 such rules; amending s. 190.014, F.S.; 6 specifying that non-ad valorem assessments 7 levied to pay interest on bond anticipation 8 notes do not qualify as assessment 9 installments; amending s. 190.021, F.S.; 10 authorizing the use of combined notice of 11 proposed assessments under certain 12 circumstances; providing that assessments 13 authorized under ch. 170, F.S., constitute 14 liens and are subject to certain collection 15 procedures; amending s. 190.026, F.S.; 16 providing that foreclosure proceedings 17 authorized under ch. 170, F.S., apply to 18 certain district proceedings; amending s. 19 190.033, F.S.; providing for competitive 20 solicitation; authorizing the district to 21 proceed with purchasing under certain 22 circumstances; amending s. 190.046, F.S.; 23 revising provisions for termination, 24 contraction, or expansion of districts; 25 specifying payment of certain fees to counties 26 and municipalities; providing limitations for 27 the amendment of certain district boundaries; 28 requiring the written consent of certain 29 landowners; amending s. 190.047, F.S.; 30 specifying the determination of population 31 standards by the Department of Community 25 1:28 PM 04/18/07 s2700d-ft26-c02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2700 Barcode 085080 1 Affairs for the purposes of incorporation or 2 annexation of districts; requiring 3 unincorporated areas to meet certain criteria 4 for incorporation; requiring certain referenda 5 to be held at general elections; providing 6 effective dates. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 1:28 PM 04/18/07 s2700d-ft26-c02