CS/HB 821

1
A bill to be entitled
2An act relating to community development districts;
3amending s. 190.012, F.S.; revising deed restriction
4enforcement rulemaking authority of boards of directors of
5community development districts; amending s. 190.046,
6F.S.; revising procedures and requirements to amend the
7boundaries of a community development district; revising
8procedures and requirements to merge community development
9districts; providing limitations; providing for petition
10filing fees; preserving rights of creditors, liens upon
11property, and claims and pending actions or proceedings;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (4) of section 190.012, Florida
17Statutes, is amended to read:
18     190.012  Special powers; public improvements and community
19facilities.--The district shall have, and the board may
20exercise, subject to the regulatory jurisdiction and permitting
21authority of all applicable governmental bodies, agencies, and
22special districts having authority with respect to any area
23included therein, any or all of the following special powers
24relating to public improvements and community facilities
25authorized by this act:
26     (4)(a)  To adopt rules necessary for the district to
27enforce certain deed restrictions pertaining to the use and
28operation of real property within the district and outside the
29district if pursuant to an interlocal agreement under chapter
30163 if within another district or, if not within another
31district, with the consent of the county or municipality in
32which the deed restriction enforcement is proposed to occur. For
33the purpose of this subsection, the term "deed restrictions"
34means are those covenants, conditions, and restrictions,
35compliance mechanisms, and enforcement remedies contained in any
36applicable declarations of covenants and restrictions that
37govern the use and operation of real property within the
38district and, for which covenants, conditions, and restrictions,
39there is no homeowners' association or property owner's
40association having respective enforcement powers unless, with
41respect to a homeowners' association whose board is under member
42control, the association and the district agree in writing to
43enforcement by the district. The district may adopt by rule all
44or certain portions of the deed restrictions that:
45     1.  Relate to limitations, or prohibitions, compliance
46mechanisms, or enforcement remedies that apply only to external
47appearances or uses structures and are deemed by the district to
48be generally beneficial for the district's landowners and for
49which enforcement by the district is appropriate, as determined
50by the district's board of supervisors; or
51     2.  Are consistent with the requirements of a development
52order or regulatory agency permit.
53     (b)  The board may vote to adopt such rules only when all
54of the following conditions exist:
55     1.  The district's geographic area contains no homeowners'
56associations as defined in s. 720.301(9);
57     1.2.  The district was in existence on the effective date
58of this subsection, or is located within a development that
59consists of multiple developments of regional impact and a
60Florida Quality Development.;
61     2.3.  For residential districts, the majority of the board
62has been elected by qualified electors pursuant to the
63provisions of s. 190.006.; and
64     3.  For residential districts, less than 25 percent of
65residential units are in a homeowners' association.
66     4.  The declarant in any applicable declarations of
67covenants and restrictions has provided the board with a written
68agreement that such rules may be adopted. A memorandum of the
69agreement shall be recorded in the public records.
70     (c)  Within 60 days after such rules take effect, the
71district shall record a notice of rule adoption stating
72generally what rules were adopted and where a copy of the rules
73may be obtained. Districts may impose fines for violations of
74such rules and enforce such rules and fines in circuit court
75through injunctive relief.
76     Section 2.  Subsections (1) and (3) of section 190.046,
77Florida Statutes, are amended to read:
78     190.046  Termination, contraction, or expansion of
79district.--
80     (1)  A landowner or the board may petition to contract or
81expand the boundaries of a community development district in the
82following manner:
83     (a)  The petition shall contain the same information
84required by s. 190.005(1)(a)1. and 8. In addition, if the
85petitioner seeks to expand the district, the petition shall
86describe the proposed timetable for construction of any district
87services to the area, the estimated cost of constructing the
88proposed services, and the designation of the future general
89distribution, location, and extent of public and private uses of
90land proposed for the area by the future land use plan element
91of the adopted local government local comprehensive plan. If the
92petitioner seeks to contract the district, the petition shall
93describe what services and facilities are currently provided by
94the district to the area being removed, and the designation of
95the future general distribution, location, and extent of public
96and private uses of land proposed for the area by the future
97land element of the adopted local government comprehensive plan.
98     (b)  For those districts initially established by county
99ordinance, the petition for ordinance amendment shall be filed
100with the county commission. If the land to be included or
101excluded is, in whole or in part, within the boundaries of a
102municipality, then the county commission shall not amend the
103ordinance without municipal approval. A public hearing shall be
104held in the same manner and with the same public notice as other
105ordinance amendments. The county commission shall consider the
106record of the public hearing and the factors set forth in s.
107190.005(1)(e) in making its determination to grant or deny the
108petition for ordinance amendment.
109     (c)  For those districts initially established by municipal
110ordinance pursuant to s. 190.005(2)(e), the municipality shall
111assume the duties of the county commission set forth in
112paragraph (b); however, if any of the land to be included or
113excluded, in whole or in part, is outside the boundaries of the
114municipality, then the municipality shall not amend its
115ordinance without county commission approval.
116     (d)1.  For those districts initially established by
117administrative rule pursuant to s. 190.005(1), the petition
118shall be filed with the Florida Land and Water Adjudicatory
119Commission.
120     2.  Prior to filing the petition, the petitioner shall pay
121a filing fee of $1,500, to the county if the district or the
122land to be added or deleted from the district is located within
123an unincorporated area or to the municipality if the district or
124the land to be added or deleted is located within an
125incorporated area, and to each municipality the boundaries of
126which are contiguous with or contain all or a portion of the
127land within or to be added to or deleted from the external
128boundaries of the district or the proposed amendment, and submit
129a copy of the petition to the county and to each such
130municipality. The petitioner shall submit a copy of the petition
131to the same entities entitled to receive the filing fee. In
132addition, if the district is not the petitioner, the petitioner
133shall file the petition with the district board of supervisors.
134     3.  Each The county and each municipality shall have the
135option of holding a public hearing as provided by s.
136190.005(1)(c). However, the such public hearing shall be limited
137to consideration of the contents of the petition and whether the
138petition for amendment should be supported by the county or
139municipality.
140     4.  The district board of supervisors shall, in lieu of a
141hearing officer, hold the local public hearing provided for by
142s. 190.005(1)(d). This local public hearing shall be noticed in
143the same manner as provided in s. 190.005(1)(d). Within 45 days
144of the conclusion of the hearing, the district board of
145supervisors shall transmit to the Florida Land and Water
146Adjudicatory Commission the full record of the local hearing,
147the transcript of the hearing, any resolutions adopted by the
148local general-purpose governments, and its recommendation
149whether to grant the petition for amendment. The commission
150shall then proceed in accordance with s. 190.005(1)(e).
151     5.  A rule amending a district boundary shall describe the
152land to be added or deleted.
153     (e)  In all cases, written consent of all the landowners
154whose land is to be added to or deleted from the district shall
155be required. The filing of the petition for expansion or
156contraction by the district board of supervisors shall
157constitute consent of the landowners within the district other
158than of landowners whose land is proposed to be added to or
159removed from the district.
160     (e)(f)1.  During the existence of a district initially
161established by administrative rule, the process petitions to
162amend the boundaries of the district pursuant to paragraphs (a)-
163(d) (a)-(e) shall not permit be limited to a cumulative net
164total greater of no more than 10 percent of the land in the
165initial district, and in no event greater shall all such
166petitions to amend the boundaries ever encompass more than a
167total of 250 acres on a cumulative net basis.
168     2.  During the existence of a district For districts
169initially established by county or municipal ordinance, the
170process to amend the boundaries of the district pursuant to
171paragraphs (a)-(d) limitation provided by this paragraph shall
172not permit be a cumulative net total greater of no more than 50
173percent of the land in the initial district, and in no event
174greater shall all such petitions to amend the boundaries ever
175encompass more than a total of 500 acres on a cumulative net
176basis.
177     3.  Boundary expansions for districts initially established
178by county or municipal ordinance shall follow the procedure set
179forth in paragraph (b) or paragraph (c).
180     (f)(g)  Petitions to amend the boundaries of the district
181that which exceed the amount of land specified in paragraph (e)
182(f) shall be processed in accordance with s. 190.005, and the
183petition shall include only the elements set forth in s.
184190.005(1)(a)1. and 5.-8. and the consent required by paragraph
185(g) considered petitions to establish a new district and shall
186follow all of the procedures specified in s. 190.005. However,
187the resulting administrative rule or ordinance may only amend
188the boundaries of the district and may not establish a new
189district or cause a new 6-year or 10-year period to begin
190pursuant to s. 190.006(3)(a)2.  The filing fee for such
191petitions shall be as set forth in s. 190.005(1)(b) and (2), as
192applicable.
193     (g)  In all cases of a petition to amend the boundaries of
194a district, the filing of the petition by the district board of
195supervisors constitutes consent of the landowners within the
196district. In all cases, written consent of those landowners
197whose land is to be added to or deleted from the district as
198provided in s. 190.005(1)(a)2. is required.
199     (3)  The district may merge with other community
200development districts upon filing a petition for merger, which
201petition shall include the elements set forth in s. 190.005(1)
202and which shall be evaluated using the criteria set forth in s.
203190.005(1)(e). The filing fee shall be as set forth in s.
204190.005(1)(b). In addition, the petition shall state whether a
205new district is to be established or whether one district shall
206be the surviving district. The district establishment of a
207community development district pursuant to s. 190.005 or may
208merge with any other special districts upon filing a petition
209for establishment of a community development district pursuant
210to s. 190.005. The government formed by a merger involving a
211community development district pursuant to this section shall
212assume all indebtedness of, and receive title to, all property
213owned by the preexisting special districts, and the rights of
214creditors and liens upon property shall not be impaired by such
215merger. Any claim existing or action or proceeding pending by or
216against any district that is a party to the merger may be
217continued as if the merger had not occurred, or the surviving
218district may be substituted in the proceeding for the district
219that ceased to exist. Prior to filing the said petition, the
220districts desiring to merge shall enter into a merger agreement
221and shall provide for the proper allocation of the indebtedness
222so assumed and the manner in which such said debt shall be
223retired. The approval of the merger agreement and the petition
224by the board of supervisors elected by the electors of the
225district shall constitute consent of the landowners within the
226district.
227     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.