Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS/CS/HB 883, 2nd Eng. Ì626004pÎ626004 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, 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.