Florida Senate - 2018                             CS for SB 1348
       
       
        
       By the Committee on Judiciary; and Senator Perry
       
       
       
       
       
       590-02641-18                                          20181348c1
    1                        A bill to be entitled                      
    2         An act relating to community development districts;
    3         amending s. 190.046, F.S.; authorizing sufficiently
    4         contiguous lands located within the county or
    5         municipality which a petitioner anticipates adding to
    6         the boundaries of a new community development district
    7         to also be identified in a petition to establish the
    8         new district under certain circumstances; providing
    9         requirements for the petition; providing notification
   10         requirements for the petition; prohibiting a parcel
   11         from being included in the district without the
   12         written consent of the owner of the parcel;
   13         authorizing a person to petition the county or
   14         municipality to amend the boundaries of the district
   15         to include a certain parcel after establishment of the
   16         district; prohibiting a filing fee for such petition;
   17         providing requirements for the petition; requiring the
   18         person to provide the petition to the district and to
   19         the owner of the proposed additional parcel before
   20         filing the petition with the county or municipality;
   21         requiring the county or municipality to process the
   22         addition of the parcel to the district as an amendment
   23         to the ordinance that establishes the district once
   24         the petition is determined sufficient and complete;
   25         authorizing the county or municipality to process all
   26         such petitions even if the addition exceeds specified
   27         acreage; providing notice requirements for the intent
   28         to amend the ordinance establishing the district;
   29         providing that the amendment of a district by the
   30         addition of a parcel does not alter the transition
   31         from landowner voting to qualified elector voting;
   32         requiring the petitioner to cause to be recorded a
   33         certain notice of boundary amendment upon adoption of
   34         the ordinance expanding the district; providing
   35         construction; 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, sufficiently contiguous lands
   49  located within the county or municipality which the petitioner
   50  anticipates adding to the boundaries of the district within 10
   51  years after the effective date of the ordinance establishing the
   52  district may also be identified. If such sufficiently contiguous
   53  land is identified, the petition must include a legal
   54  description of each additional parcel within the sufficiently
   55  contiguous land, the current owner of the parcel, the acreage of
   56  the parcel, and the current land use designation of the parcel.
   57  At least 14 days before the hearing required under s.
   58  190.005(2)(b), the petitioner must give the current owner of
   59  each such parcel notice of filing the petition to establish the
   60  district, the date and time of the public hearing on the
   61  petition, and the name and address of the petitioner. A parcel
   62  may not be included in the district without the written consent
   63  of the owner of the parcel.
   64         1. After establishment of the district, a person may
   65  petition the county or municipality to amend the boundaries of
   66  the district to include a previously identified parcel that was
   67  a proposed addition to the district before its establishment. A
   68  filing fee may not be charged for this petition. Each such
   69  petition must include:
   70         a.A legal description by metes and bounds of the parcel to
   71  be added;
   72         b.A new legal description by metes and bounds of the
   73  district;
   74         c.Written consent of all owners of the parcel to be added;
   75         d.A map of the district including the parcel to be added;
   76         e.A description of the development proposed on the
   77  additional parcel; and
   78         f.A copy of the original petition identifying the parcel
   79  to be added.
   80         2. Before filing with the county or municipality, the
   81  person must provide the petition to the district and to the
   82  owner of the proposed additional parcel, if the owner is not the
   83  petitioner.
   84         3. Once the petition is determined sufficient and complete,
   85  the county or municipality must process the addition of the
   86  parcel to the district as an amendment to the ordinance that
   87  establishes the district. The county or municipality may process
   88  all petitions to amend the ordinance for parcels identified in
   89  the original petition, even if, by adding such parcels, the
   90  district exceeds 2,500 acres.
   91         4. The petitioner shall cause to be published in a
   92  newspaper of general circulation in the proposed district a
   93  notice of the intent to amend the ordinance that establishes the
   94  district, which notice shall be in addition to any notice
   95  required for adoption of the ordinance amendment. Such notice
   96  must be published at least 10 days before the scheduled hearing
   97  on the ordinance amendment and may be published in the section
   98  of the newspaper reserved for legal notices. The notice must
   99  include a general description of the land to be added to the
  100  district and the date and time of the scheduled hearing to amend
  101  the ordinance. The petitioner shall deliver, including by mail
  102  or hand delivery, the notice of the hearing on the ordinance
  103  amendment to the owner of the parcel and to the district at
  104  least 14 days before the scheduled hearing.
  105         5. The amendment of a district by the addition of a parcel
  106  pursuant to this paragraph does not alter the transition from
  107  landowner voting to qualified elector voting pursuant to s.
  108  190.006, even if the total size of the district after the
  109  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  110  ordinance expanding the district, the petitioner must cause to
  111  be recorded a notice of boundary amendment which reflects the
  112  new boundaries of the district.
  113         6. This paragraph is intended to facilitate the orderly
  114  addition of lands to a district under certain circumstances and
  115  does not preclude the addition of lands to any district using
  116  the procedures in the other provisions of this section.
  117         Section 2. This act shall take effect July 1, 2018.