Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 883, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Perry moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) is added to subsection (1) of
    6  section 190.046, Florida Statutes, and subsection (3) of that
    7  section is amended, to read:
    8         190.046 Termination, contraction, or expansion of
    9  district.—
   10         (1) A landowner or the board may petition to contract or
   11  expand the boundaries of a community development district in the
   12  following manner:
   13         (h) For a petition to establish a new community development
   14  district of less than 2,500 acres on land located solely in one
   15  county or one municipality, sufficiently contiguous lands
   16  located within the county or municipality which the petitioner
   17  anticipates adding to the boundaries of the district within 10
   18  years after the effective date of the ordinance establishing the
   19  district may also be identified. If such sufficiently contiguous
   20  land is identified, the petition must include a legal
   21  description of each additional parcel within the sufficiently
   22  contiguous land, the current owner of the parcel, the acreage of
   23  the parcel, and the current land use designation of the parcel.
   24  At least 14 days before the hearing required under s.
   25  190.005(2)(b), the petitioner must give the current owner of
   26  each such parcel notice of filing the petition to establish the
   27  district, the date and time of the public hearing on the
   28  petition, and the name and address of the petitioner. A parcel
   29  may not be included in the district without the written consent
   30  of the owner of the parcel.
   31         1. After establishment of the district, a person may
   32  petition the county or municipality to amend the boundaries of
   33  the district to include a previously identified parcel that was
   34  a proposed addition to the district before its establishment. A
   35  filing fee may not be charged for this petition. Each such
   36  petition must include:
   37         a.A legal description by metes and bounds of the parcel to
   38  be added;
   39         b.A new legal description by metes and bounds of the
   40  district;
   41         c.Written consent of all owners of the parcel to be added;
   42         d.A map of the district including the parcel to be added;
   43         e.A description of the development proposed on the
   44  additional parcel; and
   45         f.A copy of the original petition identifying the parcel
   46  to be added.
   47         2. Before filing with the county or municipality, the
   48  person must provide the petition to the district and to the
   49  owner of the proposed additional parcel, if the owner is not the
   50  petitioner.
   51         3. Once the petition is determined sufficient and complete,
   52  the county or municipality must process the addition of the
   53  parcel to the district as an amendment to the ordinance that
   54  establishes the district. The county or municipality may process
   55  all petitions to amend the ordinance for parcels identified in
   56  the original petition, even if, by adding such parcels, the
   57  district exceeds 2,500 acres.
   58         4. The petitioner shall cause to be published in a
   59  newspaper of general circulation in the proposed district a
   60  notice of the intent to amend the ordinance that establishes the
   61  district, which notice shall be in addition to any notice
   62  required for adoption of the ordinance amendment. Such notice
   63  must be published at least 10 days before the scheduled hearing
   64  on the ordinance amendment and may be published in the section
   65  of the newspaper reserved for legal notices. The notice must
   66  include a general description of the land to be added to the
   67  district and the date and time of the scheduled hearing to amend
   68  the ordinance. The petitioner shall deliver, including by mail
   69  or hand delivery, the notice of the hearing on the ordinance
   70  amendment to the owner of the parcel and to the district at
   71  least 14 days before the scheduled hearing.
   72         5. The amendment of a district by the addition of a parcel
   73  pursuant to this paragraph does not alter the transition from
   74  landowner voting to qualified elector voting pursuant to s.
   75  190.006, even if the total size of the district after the
   76  addition of the parcel exceeds 5,000 acres. Upon adoption of the
   77  ordinance expanding the district, the petitioner must cause to
   78  be recorded a notice of boundary amendment which reflects the
   79  new boundaries of the district.
   80         6. This paragraph is intended to facilitate the orderly
   81  addition of lands to a district under certain circumstances and
   82  does not preclude the addition of lands to any district using
   83  the procedures in the other provisions of this section.
   84         (3) The district may merge with other community development
   85  districts upon filing a petition for merger, which petition
   86  shall include the elements set forth in s. 190.005(1) and which
   87  shall be evaluated using the criteria set forth in s.
   88  190.005(1)(e). The filing fee shall be as set forth in s.
   89  190.005(1)(b). In addition, the petition shall state whether a
   90  new district is to be established or whether one district shall
   91  be the surviving district. A community development district may
   92  also merge with another type of special district created by
   93  special act pursuant to the terms of that special act or by
   94  filing a petition for establishment of a new The district may
   95  merge with any other special districts upon filing a petition
   96  for establishment of a community development district pursuant
   97  to s. 190.005. The government formed by a merger involving a
   98  community development district pursuant to this section shall
   99  assume all indebtedness of, and receive title to, all property
  100  owned by the preexisting special districts, and the rights of
  101  creditors and liens upon property shall not be impaired by such
  102  merger. Any claim existing or action or proceeding pending by or
  103  against any district that is a party to the merger may be
  104  continued as if the merger had not occurred, or the surviving
  105  district may be substituted in the proceeding for the district
  106  that ceased to exist. Prior to filing a the petition, the
  107  districts desiring to merge shall enter into a merger agreement
  108  and shall provide for the proper allocation of the indebtedness
  109  so assumed and the manner in which such debt shall be retired.
  110  The approval of the merger agreement and the petition by the
  111  board of supervisors of the district shall constitute consent of
  112  the landowners within the district. A community development
  113  district merging with another type of district may also enter
  114  into a merger agreement to address issues of transition,
  115  including the allocation of indebtedness and retirement of debt.
  116         Section 2. This act shall take effect July 1, 2018.
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete everything before the enacting clause
  121  and insert:
  122                        A bill to be entitled                      
  123         An act relating to local government; amending s.
  124         190.046, F.S.; authorizing sufficiently contiguous
  125         lands located within the county or municipality which
  126         a petitioner anticipates adding to the boundaries of a
  127         new community development district to also be
  128         identified in a petition to establish the new district
  129         under certain circumstances; providing requirements
  130         for the petition; providing notification requirements
  131         for the petition; prohibiting a parcel from being
  132         included in the district without the written consent
  133         of the owner of the parcel; authorizing a person to
  134         petition the county or municipality to amend the
  135         boundaries of the district to include a certain parcel
  136         after establishment of the district; prohibiting a
  137         filing fee for such petition; providing requirements
  138         for the petition; requiring the person to provide the
  139         petition to the district and to the owner of the
  140         proposed additional parcel before filing the petition
  141         with the county or municipality; requiring the county
  142         or municipality to process the addition of the parcel
  143         to the district as an amendment to the ordinance that
  144         establishes the district once the petition is
  145         determined sufficient and complete; authorizing the
  146         county or municipality to process all such petitions
  147         even if the addition exceeds specified acreage;
  148         providing notice requirements for the intent to amend
  149         the ordinance establishing the district; providing
  150         that the amendment of a district by the addition of a
  151         parcel does not alter the transition from landowner
  152         voting to qualified elector voting; requiring the
  153         petitioner to cause to be recorded a certain notice of
  154         boundary amendment upon adoption of the ordinance
  155         expanding the district; providing construction;
  156         authorizing community development districts to merge
  157         with another type of special district created by
  158         special act or by filing a petition for establishment
  159         of a new district; authorizing a community development
  160         district merging with another type of district to
  161         enter into merger agreements for certain purposes;
  162         providing an effective date.