Florida Senate - 2019 SB 728 By Senator Lee 20-01365-19 2019728__ 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 190.046, F.S.; authorizing sufficiently contiguous 4 lands located within the county or municipality which 5 a petitioner anticipates adding to the boundaries of a 6 new community development district to also be 7 identified in a petition to establish the new district 8 under certain circumstances; providing requirements 9 for the petition; providing notification requirements 10 for the petition; prohibiting a parcel from being 11 included in the district without the written consent 12 of the owner of the parcel; authorizing a person to 13 petition the county or municipality to amend the 14 boundaries of the district to include a certain parcel 15 after establishment of the district; prohibiting a 16 filing fee for such petition; providing requirements 17 for the petition; requiring the person to provide the 18 petition to the district and to the owner of the 19 proposed additional parcel before filing the petition 20 with the county or municipality; requiring the county 21 or municipality to process the addition of the parcel 22 to the district as an amendment to the ordinance that 23 establishes the district once the petition is 24 determined sufficient and complete; authorizing the 25 county or municipality to process all such petitions 26 even if the addition exceeds specified acreage; 27 providing notice requirements for the intent to amend 28 the ordinance establishing the district; providing 29 that the amendment of a district by the addition of a 30 parcel does not alter the transition from landowner 31 voting to qualified elector voting; requiring the 32 petitioner to cause to be recorded a certain notice of 33 boundary amendment upon adoption of the ordinance 34 expanding the district; providing construction; 35 authorizing community development districts to merge 36 with another type of special district created by 37 special act or by filing a petition for establishment 38 of a new district; authorizing a community development 39 district merging with another type of district to 40 enter into merger agreements for certain purposes; 41 providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Paragraph (h) is added to subsection (1) of 46 section 190.046, Florida Statutes, and subsection (3) of that 47 section is amended, to read: 48 190.046 Termination, contraction, or expansion of 49 district.— 50 (1) A landowner or the board may petition to contract or 51 expand the boundaries of a community development district in the 52 following manner: 53 (h) For a petition to establish a new community development 54 district of less than 2,500 acres on land located solely in one 55 county or one municipality, sufficiently contiguous lands 56 located within the county or municipality which the petitioner 57 anticipates adding to the boundaries of the district within 10 58 years after the effective date of the ordinance establishing the 59 district may also be identified. If such sufficiently contiguous 60 land is identified, the petition must include a legal 61 description of each additional parcel within the sufficiently 62 contiguous land, the current owner of the parcel, the acreage of 63 the parcel, and the current land use designation of the parcel. 64 At least 14 days before the hearing required under s. 65 190.005(2)(b), the petitioner must give the current owner of 66 each such parcel notice of filing the petition to establish the 67 district, the date and time of the public hearing on the 68 petition, and the name and address of the petitioner. A parcel 69 may not be included in the district without the written consent 70 of the owner of the parcel. 71 1. After establishment of the district, a person may 72 petition the county or municipality to amend the boundaries of 73 the district to include a previously identified parcel that was 74 a proposed addition to the district before its establishment. A 75 filing fee may not be charged for this petition. Each such 76 petition must include: 77 a. A legal description by metes and bounds of the parcel to 78 be added; 79 b. A new legal description by metes and bounds of the 80 district; 81 c. Written consent of all owners of the parcel to be added; 82 d. A map of the district including the parcel to be added; 83 e. A description of the development proposed on the 84 additional parcel; and 85 f. A copy of the original petition identifying the parcel 86 to be added. 87 2. Before filing with the county or municipality, the 88 person must provide the petition to the district and to the 89 owner of the proposed additional parcel, if the owner is not the 90 petitioner. 91 3. Once the petition is determined sufficient and complete, 92 the county or municipality must process the addition of the 93 parcel to the district as an amendment to the ordinance that 94 establishes the district. The county or municipality may process 95 all petitions to amend the ordinance for parcels identified in 96 the original petition, even if, by adding such parcels, the 97 district exceeds 2,500 acres. 98 4. The petitioner shall cause to be published in a 99 newspaper of general circulation in the proposed district a 100 notice of the intent to amend the ordinance that establishes the 101 district. The notice must be in addition to any notice required 102 for adoption of the ordinance amendment. Such notice must be 103 published at least 10 days before the scheduled hearing on the 104 ordinance amendment and may be published in the section of the 105 newspaper reserved for legal notices. The notice must include a 106 general description of the land to be added to the district and 107 the date and time of the scheduled hearing to amend the 108 ordinance. The petitioner shall deliver, including by mail or 109 hand delivery, the notice of the hearing on the ordinance 110 amendment to the owner of the parcel and to the district at 111 least 14 days before the scheduled hearing. 112 5. The amendment of a district by the addition of a parcel 113 pursuant to this paragraph does not alter the transition from 114 landowner voting to qualified elector voting pursuant to s. 115 190.006, even if the total size of the district after the 116 addition of the parcel exceeds 5,000 acres. Upon adoption of the 117 ordinance expanding the district, the petitioner must cause to 118 be recorded a notice of boundary amendment which reflects the 119 new boundaries of the district. 120 6. This paragraph is intended to facilitate the orderly 121 addition of lands to a district under certain circumstances and 122 does not preclude the addition of lands to any district using 123 the procedures in the other provisions of this section. 124 (3) The district may merge with other community development 125 districts upon filing a petition for merger, which petition 126 shall include the elements set forth in s. 190.005(1) and which 127 shall be evaluated using the criteria set forth in s. 128 190.005(1)(e). The filing fee shall be as set forth in s. 129 190.005(1)(b). In addition, the petition shall state whether a 130 new district is to be established or whether one district shall 131 be the surviving district. A community development district may 132 also merge with another type of special district created by 133 special act pursuant to the terms of that special act or by 134 filing a petition for establishment of a new
The district may135 merge with any other special districts upon filing a petition136 for establishment of a community developmentdistrict pursuant 137 to s. 190.005. The government formed by a merger involving a 138 community development district pursuant to this section shall 139 assume all indebtedness of, and receive title to, all property 140 owned by the preexisting special districts, and the rights of 141 creditors and liens upon property are shallnot beimpaired by 142 such merger. Any claim existing or action or proceeding pending 143 by or against any district that is a party to the merger may be 144 continued as if the merger had not occurred, or the surviving 145 district may be substituted in the proceeding for the district 146 that ceased to exist. Prior to filing a thepetition, the 147 districts desiring to merge shall enter into a merger agreement 148 and shall provide for the proper allocation of the indebtedness 149 so assumed and the manner in which such debt shall be retired. 150 The approval of the merger agreement and the petition by the 151 board of supervisors of the district shall constitute consent of 152 the landowners within the district. A community development 153 district merging with another type of district may also enter 154 into a merger agreement to address issues of transition, 155 including the allocation of indebtedness and retirement of debt. 156 Section 2. This act shall take effect upon becoming a law.