Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1156
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2016           .                                

       The Committee on Community Affairs (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 130 - 370
    4  and insert:
    5  week for the 4 successive weeks immediately before prior to the
    6  hearing. Such notice shall give the time and place for the
    7  hearing, a description of the area to be included in the
    8  district, which description shall include a map showing clearly
    9  the area to be covered by the district, and any other relevant
   10  information which the establishing governing bodies may require.
   11  The advertisement shall not be placed in that portion of the
   12  newspaper where legal notices and classified advertisements
   13  appear. The advertisement shall be published in a newspaper of
   14  general paid circulation in the county and of general interest
   15  and readership in the community, not one of limited subject
   16  matter, pursuant to chapter 50. If Whenever possible, the
   17  advertisement shall appear in a newspaper that is published at
   18  least 5 days a week, unless the only newspaper in the community
   19  is published fewer than 5 days a week. In addition to being
   20  published in the newspaper, the map referenced above must be
   21  part of the online advertisement required pursuant to s.
   22  50.0211. All affected units of general-purpose local government
   23  and the general public shall be given an opportunity to appear
   24  at the hearing and present oral or written comments on the
   25  petition.
   26         (e) The Florida Land and Water Adjudicatory Commission
   27  shall consider the entire record of the local hearing, the
   28  transcript of the hearing, resolutions adopted by local general
   29  purpose governments as provided in paragraph (c), and the
   30  following factors and make a determination to grant or deny a
   31  petition for the establishment of a community development
   32  district:
   33         1. Whether all statements contained within the petition
   34  have been found to be true and correct.
   35         2. Whether the establishment of the district is
   36  inconsistent with any applicable element or portion of the state
   37  comprehensive plan or of the effective local government
   38  comprehensive plan.
   39         3. Whether the area of land within the proposed district is
   40  of sufficient size, is sufficiently compact, and is sufficiently
   41  contiguous to be developable as one functional interrelated
   42  community.
   43         4. Whether the district is the best alternative available
   44  for delivering community development services and facilities to
   45  the area that will be served by the district.
   46         5. Whether the community development services and
   47  facilities of the district will be incompatible with the
   48  capacity and uses of existing local and regional community
   49  development services and facilities.
   50         6. Whether the area that will be served by the district is
   51  amenable to separate special-district government.
   52         (f) The Florida Land and Water Adjudicatory Commission
   53  shall not adopt any rule which would expand, modify, or delete
   54  any provision of the uniform community development district
   55  charter as set forth in ss. 190.006-190.041, except as provided
   56  in s. 190.012. A rule establishing a community development
   57  district shall only contain the following:
   58         1. A metes and bounds description of the external
   59  boundaries of the district and any real property within the
   60  external boundaries of the district which is to be excluded.
   61         2. The names of five persons designated to be the initial
   62  members of the board of supervisors.
   63         3. The name of the district.
   64         (g) The Florida Land and Water Adjudicatory Commission may
   65  adopt rules setting forth its procedures for considering
   66  petitions to establish, expand, modify, or delete uniform
   67  community development districts or portions thereof consistent
   68  with the provisions of this section.
   69         (2) The exclusive and uniform method for the establishment
   70  of a community development district of less than 2,500 1,000
   71  acres in size or a community development district of up to 7,000
   72  acres in size located within a connected-city corridor
   73  established pursuant to s. 163.3246(14) shall be pursuant to an
   74  ordinance adopted by the county commission of the county having
   75  jurisdiction over the majority of land in the area in which the
   76  district is to be located granting a petition for the
   77  establishment of a community development district as follows:
   78         (a) A petition for the establishment of a community
   79  development district shall be filed by the petitioner with the
   80  county commission. The petition shall contain the same
   81  information as required in paragraph (1)(a).
   82         (b) A public hearing on the petition shall be conducted by
   83  the county commission in accordance with the requirements and
   84  procedures of paragraph (1)(d).
   85         (c) The county commission shall consider the record of the
   86  public hearing and the factors set forth in paragraph (1)(e) in
   87  making its determination to grant or deny a petition for the
   88  establishment of a community development district.
   89         (d) The county commission shall not adopt any ordinance
   90  which would expand, modify, or delete any provision of the
   91  uniform community development district charter as set forth in
   92  ss. 190.006-190.041. An ordinance establishing a community
   93  development district shall only include the matters provided for
   94  in paragraph (1)(f) unless the commission consents to any of the
   95  optional powers under s. 190.012(2) at the request of the
   96  petitioner.
   97         (e) If all of the land in the area for the proposed
   98  district is within the territorial jurisdiction of a municipal
   99  corporation, then the petition requesting establishment of a
  100  community development district under this act shall be filed by
  101  the petitioner with that particular municipal corporation. In
  102  such event, the duties of the county, hereinabove described, in
  103  action upon the petition shall be the duties of the municipal
  104  corporation. If any of the land area of a proposed district is
  105  within the land area of a municipality, the county commission
  106  may not create the district without municipal approval. If all
  107  of the land in the area for the proposed district, even if less
  108  than 2,500 1,000 acres, is within the territorial jurisdiction
  109  of two or more municipalities or two or more counties, except
  110  for proposed districts within a connected-city corridor
  111  established pursuant to s. 163.3246(14), the petition shall be
  112  filed with the Florida Land and Water Adjudicatory Commission
  113  and proceed in accordance with subsection (1).
  114         (f) Notwithstanding any other provision of this subsection,
  115  within 90 days after a petition for the establishment of a
  116  community development district has been filed pursuant to this
  117  subsection, the governing body of the county or municipal
  118  corporation may transfer the petition to the Florida Land and
  119  Water Adjudicatory Commission, which shall make the
  120  determination to grant or deny the petition as provided in
  121  subsection (1). A county or municipal corporation does not shall
  122  have the no right or power to grant or deny a petition that has
  123  been transferred to the Florida Land and Water Adjudicatory
  124  Commission.
  125         Section 2. Paragraph (d) of subsection (2) of section
  126  190.012, Florida Statutes, is amended to read:
  127         190.012 Special powers; public improvements and community
  128  facilities.—The district shall have, and the board may exercise,
  129  subject to the regulatory jurisdiction and permitting authority
  130  of all applicable governmental bodies, agencies, and special
  131  districts having authority with respect to any area included
  132  therein, any or all of the following special powers relating to
  133  public improvements and community facilities authorized by this
  134  act:
  135         (2) After the local general-purpose government within the
  136  jurisdiction of which a power specified in this subsection is to
  137  be exercised consents to the exercise of such power by the
  138  district, the district shall have the power to plan, establish,
  139  acquire, construct or reconstruct, enlarge or extend, equip,
  140  operate, and maintain additional systems and facilities for:
  141         (d) Security, including, but not limited to, guardhouses,
  142  fences and gates, electronic intrusion-detection systems, and
  143  patrol cars, when authorized by proper governmental agencies;
  144  except that the district may not exercise any police power, but
  145  may contract with the appropriate local general-purpose
  146  government agencies for an increased level of such services
  147  within the district boundaries. This paragraph does not prohibit
  148  a district from contracting with a towing operator to remove a
  149  vehicle or vessel from a district-owned facility or property.
  150  When removing a vehicle or vessel from a district-owned facility
  151  or property, the district has the same authorization and is
  152  subject to the same notice and procedural requirements as the
  153  authorization and the notice and procedural requirements
  154  provided in s. 715.07 for an owner or lessee of private
  155  property. The district’s selection of a towing operator is not
  156  subject to public bidding if the towing operator is included in
  157  an approved list of towing operators maintained by the local
  158  government that has jurisdiction over the district’s facility or
  159  property.
  160         Section 3. Paragraph (e) of subsection (1) and subsection
  161  (2) of section 190.046, Florida Statutes, are amended, present
  162  subsections (4) through (9) of that section are redesignated as
  163  subsections (5) through (10), respectively, and a new subsection
  164  (4) is added to that section, to read:
  165         190.046 Termination, contraction, or expansion of
  166  district.—
  167         (1) A landowner or the board may petition to contract or
  168  expand the boundaries of a community development district in the
  169  following manner:
  170         (e)1. During the existence of a district initially
  171  established by administrative rule, the process to amend the
  172  boundaries of the district pursuant to paragraphs (a)-(d) shall
  173  not permit a cumulative net total greater than 50 10 percent of
  174  the land in the initial district, and in no event greater than
  175  1,000 250 acres on a cumulative net basis.
  176         2. During the existence of a district initially established
  177  by county or municipal ordinance, the process to amend the
  178  boundaries of the district pursuant to paragraphs (a)-(d) shall
  179  not permit a cumulative net total greater than 50 percent of the
  180  land in the initial district, and in no event greater than 1,000
  181  500 acres on a cumulative net basis.
  182         (2) The district shall remain in existence unless:
  183         (a) The district is merged with another district as
  184  provided in subsection (3) or subsection (4);
  185         (b) All of the specific community development systems,
  186  facilities, and services that it is authorized to perform have
  187  been transferred to a general-purpose unit of local government
  188  in the manner provided in subsections (4), (5), (6), and (7)
  189  (6); or
  190         (c) The district is dissolved as provided in subsection
  191  (7), subsection (8), or subsection (9), or subsection (10).
  192         (4)(a)To achieve economies of scale, reduce costs to
  193  affected district residents and businesses in areas with
  194  multiple existing districts, and encourage the merger of
  195  multiple districts, up to five districts that were established
  196  by the same local general-purpose government and whose board
  197  memberships are composed entirely of qualified electors may
  198  merge into one surviving district through adoption of an
  199  ordinance by the local general-purpose government,
  200  notwithstanding the acreage limitations otherwise set forth for
  201  the establishment of a district in this chapter. The filing of a
  202  petition by the majority of the members of each of the district
  203  board of supervisors seeking to merge constitutes consent of the
  204  landowners within each applicable district.
  205         (b)In addition to meeting the requirements of subsection
  206  (3), a merger agreement entered into between the district boards
  207  subject to this subsection must also:
  208         1.Require the surviving merged district board to consist
  209  of five elected board members.
  210         2.Require each at-large board seat to represent the entire
  211  geographic area of the surviving merged district.
  212         3.Ensure that each district to be merged is entitled to
  213  elect at least one board member from its former boundary.
  214         4.Ensure a fair allocation of board membership to
  215  represent the districts being merged. To that end:
  216         a.If two districts merge, two board members shall be
  217  elected from each of the districts and one board member shall be
  218  elected at-large.
  219         b.If three districts merge, one board member shall be
  220  elected from each of the three districts and two board members
  221  shall be elected at-large.
  222         c.If four districts merge, one board member shall be
  223  elected from each of the four districts and one board member
  224  shall be elected at-large.
  225         d.If five districts merge, one board member shall be
  226  elected from each of the five districts.
  227         5.Require the election of board members for the surviving
  228  merged district to be held at the next general election
  229  following the merger, at which time all terms of preexisting
  230  board members shall end and the merger shall be legally in
  231  effect.
  232         (c)Before filing the merger petition with the local
  233  general-purpose government under this subsection, each district
  234  proposing to merge must hold a public hearing within its
  235  district to provide information about and take public comment on
  236  the proposed merger, merger agreement, and assignment of board
  237  seats. Notice of the hearing shall be published at least 14 days
  238  before the hearing. If, after the public hearing, a district
  239  board decides that it no longer wants to merge and cancels the
  240  proposed merger agreement, the remaining districts shall each
  241  hold another public hearing on the revised merger agreement. A
  242  petition to merge may not be filed for at least 30 days after
  243  the last public hearing held by the districts proposing to
  244  merge.
  245  ================= T I T L E  A M E N D M E N T ================
  246  And the title is amended as follows:
  247         Delete lines 6 - 28
  248  and insert:
  249         increasing maximum size requirements for the
  250         establishment of community development districts under
  251         certain circumstances; providing certain petition
  252         requirements if all of the land in the area for a
  253         proposed district is within the territorial
  254         jurisdiction of two or more counties; conforming a
  255         provision to changes made by the act; amending s.
  256         190.012, F.S.; providing that a district is not
  257         prohibited from contracting with a towing operator to
  258         remove vehicles or vessels from specified facilities
  259         or properties, subject to certain requirements;
  260         amending s. 190.046, F.S.; revising requirements
  261         related to the process of amending community
  262         development district boundaries; authorizing up to a
  263         certain number of districts to merge into one
  264         surviving district, subject to certain requirements;
  265         providing requirements of the merger agreement;
  266         providing for membership of the surviving merged
  267         district board; providing for public hearings subject
  268         to certain requirements; prohibiting a petition to
  269         merge from being filed within a specified timeframe;
  270         conforming cross-references; providing an effective
  271         date.