HB 991

1	A bill to be entitled
2	An act relating to powers of community development
3	districts; amending s. 190.011, F.S.; revising general
4	powers of community development districts; amending s.
5	190.012, F.S.; revising special powers of community
6	development districts; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (5), paragraph (a) of subsection
11	(7), and subsections (11) and (15) of section 190.011, Florida
12	Statutes, are amended to read:
13	190.011  General powers.-The district shall have, and the
14	board may exercise, the following powers:
15	(5)  To adopt rules and orders pursuant to the provisions
16	of chapter 120 prescribing the powers, duties, and functions of
17	the officers of the district; the conduct of the business of the
18	district; the maintenance of records; and the form of
19	certificates evidencing tax liens and all other documents and
20	records of the district. The board may also adopt administrative
21	rules with respect to any of the projects of the district and
22	define the area to be included therein and enforce such rules
23	pursuant to s. 190.041. The board may also adopt resolutions
24	which may be necessary for the conduct of district business.
25	(7)(a)  To hold, control, and acquire by donation,
26	purchase, or eminent domain condemnation, or dispose of, any
27	public easements, dedications to public use, platted
28	reservations for public purposes, or any reservations for those
29	purposes authorized by this act and to make use of such
30	easements, dedications, or reservations for any of the purposes
31	authorized by this act.
32	(11)  To exercise within the district, or beyond the
33	district with prior approval by resolution of the governing body
34	of the county if the taking will occur in an unincorporated area
35	or with prior approval by resolution of the governing body of
36	the municipality if the taking will occur within a municipality,
37	the right and power of eminent domain, pursuant to the
38	provisions of chapters 73 and 74, over any property within the
39	state, except municipal, county, state, and federal property,
40	for the uses and purposes of the district relating solely to
41	water, sewer, district roads, and water management systems, and
42	any other purpose or activity authorized by law, specifically
43	including, without limitation, the power for the taking of
44	easements for the drainage of the land of one person over and
45	through the land of another.
46	(15)  To exercise all of the powers necessary, convenient,
47	incidental, or proper in connection with any of the powers,
48	duties, or purposes authorized by this act and to enforce
49	pursuant to s. 190.041 such powers and rules adopted by the
50	district under such powers.
51	Section 2.  Section 190.012, Florida Statutes, is amended
52	to read:
53	190.012  Special powers; public improvements and community
54	facilities.-The district shall have, and the board may exercise,
55	subject to the regulatory jurisdiction and permitting authority
56	of all applicable governmental bodies, agencies, and special
57	districts having authority with respect to any area included
58	therein, any or all of the following special powers relating to
59	public improvements, and community facilities, and any other
60	matters and activities authorized by this act:
61	(1)  To finance, fund, plan, establish, acquire, construct
62	or reconstruct, enlarge or extend, equip, operate, and maintain
63	systems, facilities, and basic infrastructures for the
64	following:
65	(a)  Water management and control for the lands within the
66	district and to connect some or any of such facilities with
67	roads and bridges.
68	(b)  Water supply, sewer, and wastewater management,
69	reclamation, and reuse or any combination thereof, and to
70	construct and operate connecting intercepting or outlet sewers
71	and sewer mains and pipes and water mains, conduits, or
72	pipelines in, along, and under any street, alley, highway, or
73	other public place or ways, and to dispose of any effluent,
74	residue, or other byproducts of such system or sewer system.
75	(c)  Bridges or culverts that may be needed across any
76	drain, ditch, canal, floodway, holding basin, excavation, public
77	highway, tract, grade, fill, or cut and roadways over levees and
78	embankments, and to construct any and all of such works and
79	improvements across, through, or over any public right-of-way,
80	highway, grade, fill, or cut.
81	(d)1.  District roads equal to or exceeding the applicable
82	specifications of the county in which such district roads are
83	located; roads and improvements to existing public roads that
84	are owned by or conveyed to the local general-purpose
85	government, the state, or the Federal Government; street lights;
86	alleys; landscaping; hardscaping; and the undergrounding of
87	electric utility lines. Districts may request the underground
88	placement of utility lines by the local retail electric utility
89	provider in accordance with the utility's tariff on file with
90	the Public Service Commission and may finance the required
91	contribution.
92	2.  Buses, trolleys, transit shelters, ridesharing
93	facilities and services, parking improvements, and related
94	signage.
95	(e)  Investigation and remediation costs associated with
96	the cleanup of actual or perceived environmental contamination
97	within the district under the supervision or direction of a
98	competent governmental authority unless the covered costs
99	benefit any person who is a landowner within the district and
100	who caused or contributed to the contamination.
101	(f)  Conservation areas, mitigation areas, and wildlife
102	habitat, including the maintenance of any plant or animal
103	species, and any related interest in real or personal property.
104	(g)  Any other project within or without the boundaries of
105	a district when a local government issued a development order
106	pursuant to s. 380.06 or s. 380.061 approving or expressly
107	requiring the construction or funding of the project by the
108	district, or when the project is the subject of an agreement
109	between the district and a governmental entity and is consistent
110	with the local government comprehensive plan of the local
111	government within which the project is to be located.
112	(h)  Any other project, facility, or service required by a
113	development approval, interlocal agreement, zoning condition, or
114	permit issued by a governmental authority with jurisdiction in
115	the district.
116	(2)  After the local general-purpose government within the
117	jurisdiction of which a power specified in this subsection is to
118	be exercised consents to the exercise of such power by the
119	district, the district shall have the power to plan, establish,
120	acquire, construct or reconstruct, enlarge or extend, equip,
121	operate, and maintain additional systems and facilities for:
122	(a)  Parks and facilities for indoor and outdoor
123	recreational, cultural, and educational uses.
124	(b)  Fire prevention and control, including fire stations,
125	water mains and plugs, fire trucks, and other vehicles and
126	equipment.
127	(c)  School buildings and related structures and site
128	improvements, which may be leased, sold, or donated to the
129	school district, for use in the educational system when
130	authorized by the district school board.
131	(d)  Security, including, but not limited to, guardhouses,
132	fences and gates, electronic intrusion-detection systems, and
133	patrol cars, when authorized by proper governmental agencies;
134	except that the district may not exercise any law enforcement
135	police power, but may contract with the appropriate local
136	general-purpose government agencies for an increased level of
137	such services within the district boundaries.
138	(e)  Control and elimination of mosquitoes and other
139	arthropods of public health importance.
140	(f)  Waste collection and disposal.
141	(3)  To adopt pursuant to chapter 120 and enforce pursuant
142	to s. 190.041 appropriate rules following the procedures of
143	chapter 120, in connection with the provision of one or more
144	services through its systems and facilities or powers authorized
145	by law.
146	(4)(a)  To adopt rules necessary for the district to
147	enforce certain deed restrictions pertaining to the use and
148	operation of real property within the district and outside the
149	district pursuant to an interlocal agreement under chapter 163
150	if within another district or, if not within another district,
151	with the consent of the county or municipality in which the deed
152	restriction enforcement is proposed to occur. For the purpose of
153	this subsection, the term "deed restrictions" means those
154	covenants, conditions, restrictions, compliance mechanisms, and
155	enforcement remedies contained in any applicable declarations of
156	covenants and restrictions that govern the use and operation of
157	real property and, for which covenants, conditions, and
158	restrictions, there is no homeowners' association or property
159	owner's association having respective enforcement powers unless,
160	with respect to a homeowners' association whose board is under
161	member control, the association and the district agree in
162	writing to enforcement by the district. The district may adopt
163	by rule all or certain portions of the deed restrictions that:
164	1.  Relate to limitations, prohibitions, compliance
165	mechanisms, or enforcement remedies that apply only to external
166	appearances or uses and are deemed by the district to be
167	generally beneficial for the district's landowners and for which
168	enforcement by the district is appropriate, as determined by the
169	district's board of supervisors; or
170	2.  Are consistent with the requirements of a development
171	order or regulatory agency permit.
172	(b)  The board may vote to adopt such rules only when all
173	of the following conditions exist:
174	1.  The district was in existence on the effective date of
175	this subsection, or is located within a development that
176	consists of multiple developments of regional impact and a
177	Florida Quality Development.
178	2.  For residential districts, the majority of the board
179	has been elected by qualified electors pursuant to the
180	provisions of s. 190.006.
181	3.  For residential districts, less than 25 percent of
182	residential units are in a homeowners' association.
183	4.  The declarant in any applicable declarations of
184	covenants and restrictions has provided the board with a written
185	agreement that such rules may be adopted. A memorandum of the
186	agreement shall be recorded in the public records.
187	(c)  Within 60 days after such rules take effect, the
188	district shall record a notice of rule adoption stating
189	generally what rules were adopted and where a copy of the rules
190	may be obtained. Districts may impose fines for violations of
191	such rules and enforce such rules and fines in circuit court
192	through injunctive relief.
193	(d)  The owners of property located outside the boundary of
194	the district shall elect an advisor to the district board
195	pursuant to paragraph (e). The sole responsibilities of the
196	district board advisor are to review enforcement actions
197	proposed by the district board against properties located
198	outside the district and make recommendations relating to those
199	proposed actions. Before the district board may enforce its
200	rules against any owner of property located outside the
201	district, the district board shall request the district board
202	advisor to make a recommendation on the proposed enforcement
203	action. The district board advisor must render a recommendation
204	within 30 days after receiving a request from the district board
205	or is deemed to have no objection to the district board's
206	proposed decision or action.
207	(e)1.  Whenever an interlocal agreement is entered into
208	pursuant to paragraph (a), a district board advisor seat shall
209	be created for one elected landowner whose property is within
210	the jurisdiction of the governmental entity entering into the
211	interlocal agreement but not within the boundaries of the
212	district. The district board advisor shall be elected by
213	landowners whose land is subject to enforcement by the district
214	but whose land is not within the boundaries of the district. The
215	district board advisor shall be elected for a 2-year term. The
216	first election for a district board advisor shall be within 90
217	days after the effective date of the interlocal agreement
218	between the district and the government entity.
219	2.  The election of the district board advisor shall occur
220	at a meeting of eligible landowners. The district shall publish
221	notice of the meeting and election once a week for 2 consecutive
222	weeks in a newspaper of general circulation in the area of the
223	parties to the interlocal agreement. The notice must include
224	instructions on how all landowners may participate in the
225	election and how to obtain a proxy form. The last day of
226	publication may not be less than 14 days or more than 28 days
227	before the date of the election. The landowners, when assembled
228	at the meeting, shall organize by electing a chair who shall
229	conduct the meeting. The chair may be any person present at the
230	meeting. If the chair is a landowner or proxy holder of a
231	landowner, he or she may nominate candidates and make and second
232	motions.
233	3.  At the meeting, each landowner is entitled to cast one
234	vote per acre of land owned by him or her and located within the
235	district for each person to be elected. A landowner may vote in
236	person or by proxy in writing. Each proxy must be signed by one
237	of the legal owners of the property for which the vote is cast
238	and must contain the typed or printed name of the individual who
239	signed the proxy; the street address, legal description of the
240	property, or tax parcel identification number; and the number of
241	authorized votes. If the proxy authorizes more than one vote,
242	each property must be listed and the number of acres of each
243	property must be included. The signature on a proxy need not be
244	notarized. A fraction of an acre shall be treated as 1 acre,
245	entitling the landowner to one vote with respect thereto. For
246	purposes of determining voting interests, platted lots shall be
247	counted individually and rounded up to the nearest whole acre.
248	The acreage of platted lots may not be aggregated for purposes
249	of determining the number of voting units held by a landowner or
250	a landowner's proxy.
251	4.  If a vacancy occurs in the district advisor seat, a
252	special landowner election shall be held within 60 days after
253	the vacancy using the notice, proxy, and acreage voting
254	provisions of this subsection.
255	Section 3.  This act shall take effect July 1, 2010.

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