Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS/CS/HB 883, 2nd Eng. Ì333236"Î333236 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 may95 merge with any other special districts upon filing a petition96 for establishment of a community developmentdistrict 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 thepetition, 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.