Florida Senate - 2018 SB 1348
By Senator Perry
8-01270-18 20181348__
1 A bill to be entitled
2 An act relating to community development districts;
3 amending s. 190.046, F.S.; authorizing adjacent lands
4 located within the county or municipality which a
5 petitioner anticipates adding to the boundaries of a
6 new community development district to also be
7 identified in a petition to establish the new district
8 under certain circumstances; providing requirements
9 for the petition; providing notification requirements
10 for the petition; prohibiting a parcel from being
11 included in the district without the written consent
12 of the owner of the parcel; authorizing a person to
13 petition the county or municipality to amend the
14 boundaries of the district to include a certain parcel
15 after establishment of the district; prohibiting a
16 filing fee for such petition; providing requirements
17 for the petition; requiring the person to provide the
18 petition to the district and to the owner of the
19 proposed additional parcel before filing the petition
20 with the county or municipality; requiring the county
21 or municipality to process the addition of the parcel
22 to the district as an amendment to the ordinance that
23 establishes the district once the petition is
24 determined sufficient and complete; authorizing the
25 county or municipality to process all such petitions
26 even if the addition exceeds specified acreage;
27 providing notice requirements for the intent to amend
28 the ordinance establishing the district; providing
29 that the amendment of a district by the addition of a
30 parcel does not alter the transition from landowner
31 voting to qualified elector voting; requiring the
32 petitioner to cause to be recorded a certain notice of
33 boundary amendment upon adoption of the ordinance
34 expanding the district; providing construction;
35 providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Paragraph (h) is added to subsection (1) of
40 section 190.046, Florida Statutes, to read:
41 190.046 Termination, contraction, or expansion of
42 district.—
43 (1) A landowner or the board may petition to contract or
44 expand the boundaries of a community development district in the
45 following manner:
46 (h) For a petition to establish a new community development
47 district of less than 2,500 acres on land located solely in one
48 county or one municipality, adjacent lands located within the
49 county or municipality which the petitioner anticipates adding
50 to the boundaries of the district within the next 10 years may
51 also be identified. If such adjacent land is identified, the
52 petition must include a legal description of each additional
53 parcel within the adjacent land, the current owner of the
54 parcel, the acreage of the parcel, and the current land use
55 designation of the parcel. At least 14 days before the hearing
56 required under s. 190.005(2)(b), the petitioner must give the
57 current owner of each such parcel notice of filing the petition
58 to establish the district, the date and time of the public
59 hearing on the petition, and the name and address of the
60 petitioner. A parcel may not be included in the district without
61 the written consent of the owner of the parcel.
62 1. After establishment of the district, a person may
63 petition the county or municipality to amend the boundaries of
64 the district to include a previously identified parcel that was
65 a proposed addition to the district before its establishment. A
66 filing fee may not be charged for this petition. Each such
67 petition must include:
68 a. A legal description by metes and bounds of the parcel to
69 be added;
70 b. A new legal description by metes and bounds of the
71 district;
72 c. Written consent of all owners of the parcel to be added;
73 d. A map of the district including the parcel to be added;
74 e. A description of the development proposed on the
75 additional parcel; and
76 f. A copy of the original petition identifying the parcel
77 to be added.
78 2. Before filing with the county or municipality, the
79 person must provide the petition to the district and to the
80 owner of the proposed additional parcel, if the owner is not the
81 petitioner.
82 3. Once the petition is determined sufficient and complete,
83 the county or municipality must process the addition of the
84 parcel to the district as an amendment to the ordinance that
85 establishes the district. The county or municipality may process
86 all petitions to amend the ordinance for parcels identified in
87 the original petition, even if, by adding such parcels, the
88 district exceeds 2,500 acres.
89 4. The petitioner shall cause to be published in a
90 newspaper of general circulation in the proposed district a
91 notice of the intent to amend the ordinance that establishes the
92 district, which notice shall be in addition to any notice
93 required for adoption of the ordinance amendment. Such notice
94 must be published at least 10 days before the scheduled hearing
95 on the ordinance amendment and may be published in the section
96 of the newspaper reserved for legal notices. The notice must
97 include a general description of the land to be added to the
98 district and the date and time of the scheduled hearing to amend
99 the ordinance. The petitioner shall mail the notice of the
100 hearing on the ordinance amendment to the owner of the parcel
101 and to the district at least 14 days before the scheduled
102 hearing.
103 5. The amendment of a district by the addition of a parcel
104 pursuant to this paragraph does not alter the transition from
105 landowner voting to qualified elector voting pursuant to s.
106 190.006, even if the total size of the district after the
107 addition of the parcel exceeds 5,000 acres. Upon adoption of the
108 ordinance expanding the district, the petitioner must cause to
109 be recorded a notice of boundary amendment which reflects the
110 new boundaries of the district.
111 6. This paragraph is intended to facilitate the orderly
112 addition of lands to a district under certain circumstances and
113 does not preclude the addition of lands to any district using
114 the procedures in the other provisions of this section.
115 Section 2. This act shall take effect July 1, 2018.