| 1 | A bill to be entitled |
| 2 | An act relating to community development districts; |
| 3 | amending s. 190.012, F.S.; revising deed restriction |
| 4 | enforcement rulemaking authority of boards of directors of |
| 5 | community development districts; authorizing district |
| 6 | boards to enforce rule violations in circuit court; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (4) of section 190.012, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 190.012 Special powers; public improvements and community |
| 14 | facilities.--The district shall have, and the board may |
| 15 | exercise, subject to the regulatory jurisdiction and permitting |
| 16 | authority of all applicable governmental bodies, agencies, and |
| 17 | special districts having authority with respect to any area |
| 18 | included therein, any or all of the following special powers |
| 19 | relating to public improvements and community facilities |
| 20 | authorized by this act: |
| 21 | (4)(a) To adopt rules necessary for the district to |
| 22 | enforce certain deed restrictions pertaining to the use and |
| 23 | operation of real property within the district and outside the |
| 24 | district if pursuant to an interlocal agreement under chapter |
| 25 | 163 if within another district or, if not within another |
| 26 | district, with the consent of the county or municipality in |
| 27 | which the deed restriction enforcement is proposed to occur. For |
| 28 | the purpose of this subsection, the term "deed restrictions" |
| 29 | means are those covenants, conditions, and restrictions, |
| 30 | compliance mechanisms, and enforcement remedies contained in any |
| 31 | applicable declarations of covenants and restrictions that |
| 32 | govern the use and operation of real property within the |
| 33 | district and, for which covenants, conditions, and restrictions, |
| 34 | there is no homeowners' association or property owner's |
| 35 | association having respective enforcement powers unless, with |
| 36 | respect to a homeowners' association whose board is under member |
| 37 | control, the association and the district agree in writing to |
| 38 | enforcement by the district. The district may adopt by rule all |
| 39 | or certain portions of the deed restrictions that: |
| 40 | 1. Relate to limitations, or prohibitions, compliance |
| 41 | mechanisms, or enforcement remedies that apply only to external |
| 42 | appearances or uses structures and are deemed by the district to |
| 43 | be generally beneficial for the district's landowners and for |
| 44 | which enforcement by the district is appropriate, as determined |
| 45 | by the district's board of supervisors; or |
| 46 | 2. Are consistent with the requirements of a development |
| 47 | order or regulatory agency permit. |
| 48 | (b) The board may vote to adopt such rules only when all |
| 49 | of the following conditions exist: |
| 50 | 1. The district's geographic area contains no homeowners' |
| 51 | associations as defined in s. 720.301(9); |
| 52 | 1.2. The district was in existence on the effective date |
| 53 | of this subsection, or is located within a development that |
| 54 | consists of multiple developments of regional impact and a |
| 55 | Florida Quality Development; |
| 56 | 2.3. For residential districts, the majority of the board |
| 57 | has been elected by qualified electors pursuant to the |
| 58 | provisions of s. 190.006; and |
| 59 | 3.4. The declarant in any applicable declarations of |
| 60 | covenants and restrictions has provided the board with a written |
| 61 | agreement that such rules may be adopted. A memorandum of the |
| 62 | agreement shall be recorded in the public records. |
| 63 | (c) Within 60 days after such rules take effect, the |
| 64 | district shall record a notice of rule adoption stating |
| 65 | generally what rules were adopted and where a copy of the rules |
| 66 | may be obtained. Districts may impose fines for violations of |
| 67 | such rules and enforce such rules and fines in circuit court |
| 68 | through injunctive relief. |
| 69 | (d) In addition to using the compliance mechanisms and |
| 70 | enforcement remedies adopted pursuant to subparagraph (a)1., a |
| 71 | district may enforce such rules in circuit court through |
| 72 | injunctive relief as provided in s. 190.041. |
| 73 | Section 2. This act shall take effect July 1, 2009. |