Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 883, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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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, to read:
    7         190.046 Termination, contraction, or expansion of
    8  district.—
    9         (1) A landowner or the board may petition to contract or
   10  expand the boundaries of a community development district in the
   11  following manner:
   12         (h) For a petition to establish a new community development
   13  district of less than 2,500 acres on land located solely in one
   14  county or one municipality, sufficiently contiguous lands
   15  located within the county or municipality which the petitioner
   16  anticipates adding to the boundaries of the district within 10
   17  years after the effective date of the ordinance establishing the
   18  district may also be identified. If such sufficiently contiguous
   19  land is identified, the petition must include a legal
   20  description of each additional parcel within the sufficiently
   21  contiguous land, the current owner of the parcel, the acreage of
   22  the parcel, and the current land use designation of the parcel.
   23  At least 14 days before the hearing required under s.
   24  190.005(2)(b), the petitioner must give the current owner of
   25  each such parcel notice of filing the petition to establish the
   26  district, the date and time of the public hearing on the
   27  petition, and the name and address of the petitioner. A parcel
   28  may not be included in the district without the written consent
   29  of the owner of the parcel.
   30         1. After establishment of the district, a person may
   31  petition the county or municipality to amend the boundaries of
   32  the district to include a previously identified parcel that was
   33  a proposed addition to the district before its establishment. A
   34  filing fee may not be charged for this petition. Each such
   35  petition must include:
   36         a.A legal description by metes and bounds of the parcel to
   37  be added;
   38         b.A new legal description by metes and bounds of the
   39  district;
   40         c.Written consent of all owners of the parcel to be added;
   41         d.A map of the district including the parcel to be added;
   42         e.A description of the development proposed on the
   43  additional parcel; and
   44         f.A copy of the original petition identifying the parcel
   45  to be added.
   46         2. Before filing with the county or municipality, the
   47  person must provide the petition to the district and to the
   48  owner of the proposed additional parcel, if the owner is not the
   49  petitioner.
   50         3. Once the petition is determined sufficient and complete,
   51  the county or municipality must process the addition of the
   52  parcel to the district as an amendment to the ordinance that
   53  establishes the district. The county or municipality may process
   54  all petitions to amend the ordinance for parcels identified in
   55  the original petition, even if, by adding such parcels, the
   56  district exceeds 2,500 acres.
   57         4. The petitioner shall cause to be published in a
   58  newspaper of general circulation in the proposed district a
   59  notice of the intent to amend the ordinance that establishes the
   60  district, which notice shall be in addition to any notice
   61  required for adoption of the ordinance amendment. Such notice
   62  must be published at least 10 days before the scheduled hearing
   63  on the ordinance amendment and may be published in the section
   64  of the newspaper reserved for legal notices. The notice must
   65  include a general description of the land to be added to the
   66  district and the date and time of the scheduled hearing to amend
   67  the ordinance. The petitioner shall deliver, including by mail
   68  or hand delivery, the notice of the hearing on the ordinance
   69  amendment to the owner of the parcel and to the district at
   70  least 14 days before the scheduled hearing.
   71         5. The amendment of a district by the addition of a parcel
   72  pursuant to this paragraph does not alter the transition from
   73  landowner voting to qualified elector voting pursuant to s.
   74  190.006, even if the total size of the district after the
   75  addition of the parcel exceeds 5,000 acres. Upon adoption of the
   76  ordinance expanding the district, the petitioner must cause to
   77  be recorded a notice of boundary amendment which reflects the
   78  new boundaries of the district.
   79         6. This paragraph is intended to facilitate the orderly
   80  addition of lands to a district under certain circumstances and
   81  does not preclude the addition of lands to any district using
   82  the procedures in the other provisions of this section.
   83         Section 2. This act shall take effect July 1, 2018.
   84  
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Delete everything before the enacting clause
   88  and insert:
   89                        A bill to be entitled                      
   90         An act relating to community development districts;
   91         amending s. 190.046, F.S.; authorizing sufficiently
   92         contiguous lands located within the county or
   93         municipality which a petitioner anticipates adding to
   94         the boundaries of a new community development district
   95         to also be identified in a petition to establish the
   96         new district under certain circumstances; providing
   97         requirements for the petition; providing notification
   98         requirements for the petition; prohibiting a parcel
   99         from being included in the district without the
  100         written consent of the owner of the parcel;
  101         authorizing a person to petition the county or
  102         municipality to amend the boundaries of the district
  103         to include a certain parcel after establishment of the
  104         district; prohibiting a filing fee for such petition;
  105         providing requirements for the petition; requiring the
  106         person to provide the petition to the district and to
  107         the owner of the proposed additional parcel before
  108         filing the petition with the county or municipality;
  109         requiring the county or municipality to process the
  110         addition of the parcel to the district as an amendment
  111         to the ordinance that establishes the district once
  112         the petition is determined sufficient and complete;
  113         authorizing the county or municipality to process all
  114         such petitions even if the addition exceeds specified
  115         acreage; providing notice requirements for the intent
  116         to amend the ordinance establishing the district;
  117         providing that the amendment of a district by the
  118         addition of a parcel does not alter the transition
  119         from landowner voting to qualified elector voting;
  120         requiring the petitioner to cause to be recorded a
  121         certain notice of boundary amendment upon adoption of
  122         the ordinance expanding the district; providing
  123         construction; providing an effective date.