Florida Senate - 2017 (NP) SB 992
By Senator Thurston
33-01329-17 2017992__
1 A bill to be entitled
2 An act relating to the City of Lauderhill, Broward
3 County; providing that a city ordinance creating a
4 neighborhood improvement district may authorize the
5 district to borrow money, contract loans, and issue
6 bonds, certificates, warrants, notes, or other
7 evidence of indebtedness and may pledge the special
8 assessment power of the district to pay such debts for
9 the purpose of financing certain capital projects;
10 conditioning the exercise of such power by a
11 neighborhood improvement district on approval by the
12 governing board of the district, city commission, and
13 electors of the district; establishing requirements
14 for a referendum; specifying characteristics of bonds
15 and loans authorized by the act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. An ordinance enacted by the City of Lauderhill
21 pursuant to s. 163.506, Florida Statutes, to create a
22 neighborhood improvement district may, in addition to the
23 matters specified in s. 163.506(1), Florida Statutes, authorize
24 the district to borrow money, contract loans, and issue bonds,
25 certificates, warrants, notes, or other evidence of indebtedness
26 to finance the undertaking of capital projects for a purpose
27 authorized by the State Constitution and part IV of chapter 163,
28 Florida Statutes, and may pledge the special assessment power of
29 the district for the payment of such debts and bonds.
30 (1) Bonds issued by a district pursuant to this act:
31 (a) Must be authorized by resolution of the governing board
32 of the district, by resolution of the city commission, and by a
33 referendum of the electors of the district. The referendum must
34 include the estimated cost of the capital projects that are the
35 subject of the referendum and the amount of the bond issue.
36 1. Notwithstanding s. 101.6102, Florida Statutes, the
37 referendum to approve the bond issuance shall be by mail ballot.
38 2. Within 45 days after the date the city commission enacts
39 an ordinance calling a referendum pursuant to this paragraph,
40 the city clerk or the supervisor of elections, whichever is
41 appropriate, shall compile a list of the names and last known
42 addresses of the electors in the neighborhood improvement
43 district from the list of registered voters of the county as of
44 the last day of the preceding month, which shall be the
45 registration list for the referendum. A resident of the district
46 whose name does not appear on the registration list may register
47 to vote in the referendum as provided by law.
48 3. Within 45 days after compilation of the voter
49 registration list, the city clerk or the supervisor of
50 elections, whichever is appropriate, shall notify each elector
51 of the general provisions of this act and the date of the
52 upcoming referendum. Notification shall be by United States mail
53 and by publication, one time, in a newspaper of general
54 circulation in Broward County.
55 4. The registration list must remain open for 75 days after
56 the notification of electors required under subparagraph 3.
57 5. Within 15 days after closing the registration list, the
58 city clerk or the supervisor of elections, whichever is
59 appropriate, shall send a ballot to each elector at his or her
60 last known mailing address by first-class United States mail.
61 The ballot shall include:
62 a. A description of the general provisions of this act
63 applicable to neighborhood improvement districts; and
64 b. Immediately thereafter, the following statement:
65
66 Do you favor authorizing the .... Neighborhood Improvement
67 District to issue bonds in the amount of .... for purposes of
68 financing capital projects that are estimated to cost $...., as
69 provided by ...(legal citation of this act)...?
70
71 ....Yes, for authorizing the issuance of bonds for district
72 purposes.
73
74 ....No, against authorizing the issuance of bonds for district
75 purposes.
76
77 6. Ballots shall be returned by United States mail or by
78 personal delivery.
79 7. All ballots received within 60 days after the closing of
80 the registration list shall be tabulated by the city clerk or
81 the supervisor of elections, whichever is appropriate, who shall
82 certify the results thereof to the city commission no later than
83 5 days after such 60-day period.
84 8. The bond issuance is deemed to have been approved only
85 upon the affirmative vote of a majority of the registered voters
86 residing in the district.
87 (b) May be issued in one or more series and shall bear such
88 date or dates; be payable upon demand or mature at such time or
89 times; bear interest at such rate or rates; be in such
90 denomination or denominations; be in such form, registered or
91 not registered, with or without coupon; carry such conversion or
92 registration privileges; have such rank or priority; be executed
93 in such manner; be payable in such medium of payment, at such
94 place or places, and subject to such terms of redemption, with
95 or without premium, be secured in such manner; and have such
96 other characteristics as may be provided by a resolution adopted
97 pursuant to paragraph (a) or a trust indenture or mortgage
98 issued pursuant thereto.
99 (2) A loan contracted by a district pursuant to this act
100 may not have a term that exceeds the life of the projects
101 secured by the loan.
102 Section 2. This act shall take effect upon becoming a law.