Florida Senate - 2019 CS for SB 728 By the Committee on Infrastructure and Security; and Senator Lee 596-03787-19 2019728c1 1 A bill to be entitled 2 An act relating to community development districts; 3 amending s. 190.046, F.S.; authorizing sufficiently 4 contiguous lands located within the county or 5 municipality which a petitioner anticipates adding to 6 the boundaries of a new community development district 7 to also be identified in a petition to establish the 8 new district under certain circumstances; providing 9 requirements for the petition; providing notification 10 requirements for the petition; prohibiting a parcel 11 from being included in the district without the 12 written consent of the owner of the parcel; 13 authorizing a person to petition the county or 14 municipality to amend the boundaries of the district 15 to include a certain parcel after establishment of the 16 district; prohibiting a filing fee for such petition; 17 providing requirements for the petition; requiring the 18 person to provide the petition to the district and to 19 the owner of the proposed additional parcel before 20 filing the petition with the county or municipality; 21 requiring the county or municipality to process the 22 addition of the parcel to the district as an amendment 23 to the ordinance that establishes the district once 24 the petition is determined sufficient and complete; 25 authorizing the county or municipality to process all 26 such petitions even if the addition exceeds specified 27 acreage; providing notice requirements for the intent 28 to amend the ordinance establishing the district; 29 providing that the amendment of a district by the 30 addition of a parcel does not alter the transition 31 from landowner voting to qualified elector voting; 32 requiring the petitioner to cause to be recorded a 33 certain notice of boundary amendment upon adoption of 34 the ordinance expanding the district; providing 35 construction; authorizing community development 36 districts to merge with another type of special 37 district created by special act or by filing a 38 petition for establishment of a new district; 39 authorizing a community development district merging 40 with another type of district to enter into merger 41 agreements for certain purposes; providing an 42 effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Paragraph (h) is added to subsection (1) of 47 section 190.046, Florida Statutes, and subsection (3) of that 48 section is amended, to read: 49 190.046 Termination, contraction, or expansion of 50 district.— 51 (1) A landowner or the board may petition to contract or 52 expand the boundaries of a community development district in the 53 following manner: 54 (h) For a petition to establish a new community development 55 district of less than 2,500 acres on land located solely in one 56 county or one municipality, sufficiently contiguous lands 57 located within the county or municipality which the petitioner 58 anticipates adding to the boundaries of the district within 10 59 years after the effective date of the ordinance establishing the 60 district may also be identified. If such sufficiently contiguous 61 land is identified, the petition must include a legal 62 description of each additional parcel within the sufficiently 63 contiguous land, the current owner of the parcel, the acreage of 64 the parcel, and the current land use designation of the parcel. 65 At least 14 days before the hearing required under s. 66 190.005(2)(b), the petitioner must give the current owner of 67 each such parcel notice of filing the petition to establish the 68 district, the date and time of the public hearing on the 69 petition, and the name and address of the petitioner. A parcel 70 may not be included in the district without the written consent 71 of the owner of the parcel. 72 1. After establishment of the district, a person may 73 petition the county or municipality to amend the boundaries of 74 the district to include a previously identified parcel that was 75 a proposed addition to the district before its establishment. A 76 filing fee may not be charged for this petition. Each such 77 petition must include: 78 a. A legal description by metes and bounds of the parcel to 79 be added; 80 b. A new legal description by metes and bounds of the 81 district; 82 c. Written consent of all owners of the parcel to be added; 83 d. A map of the district including the parcel to be added; 84 e. A description of the development proposed on the 85 additional parcel; and 86 f. A copy of the original petition identifying the parcel 87 to be added. 88 2. Before filing with the county or municipality, the 89 person must provide the petition to the district and to the 90 owner of the proposed additional parcel, if the owner is not the 91 petitioner. 92 3. Once the petition is determined sufficient and complete, 93 the county or municipality must process the addition of the 94 parcel to the district as an amendment to the ordinance that 95 establishes the district. The county or municipality may process 96 all petitions to amend the ordinance for parcels identified in 97 the original petition, even if, by adding such parcels, the 98 district exceeds 2,500 acres. 99 4. The petitioner shall cause to be published in a 100 newspaper of general circulation in the proposed district a 101 notice of the intent to amend the ordinance that establishes the 102 district. The notice must be in addition to any notice required 103 for adoption of the ordinance amendment. Such notice must be 104 published at least 10 days before the scheduled hearing on the 105 ordinance amendment and may be published in the section of the 106 newspaper reserved for legal notices. The notice must include a 107 general description of the land to be added to the district and 108 the date and time of the scheduled hearing to amend the 109 ordinance. The petitioner shall deliver, including by mail or 110 hand delivery, the notice of the hearing on the ordinance 111 amendment to the owner of the parcel and to the district at 112 least 14 days before the scheduled hearing. 113 5. The amendment of a district by the addition of a parcel 114 pursuant to this paragraph does not alter the transition from 115 landowner voting to qualified elector voting pursuant to s. 116 190.006, even if the total size of the district after the 117 addition of the parcel exceeds 5,000 acres. Upon adoption of the 118 ordinance expanding the district, the petitioner must cause to 119 be recorded a notice of boundary amendment which reflects the 120 new boundaries of the district. 121 6. This paragraph is intended to facilitate the orderly 122 addition of lands to a district under certain circumstances and 123 does not preclude the addition of lands to any district using 124 the procedures in the other provisions of this section. 125 (3) The district may merge with other community development 126 districts upon filing a petition for merger, which petition 127 shall include the elements set forth in s. 190.005(1) and which 128 shall be evaluated using the criteria set forth in s. 129 190.005(1)(e). The filing fee shall be as set forth in s. 130 190.005(1)(b). In addition, the petition shall state whether a 131 new district is to be established or whether one district shall 132 be the surviving district. A community development district may 133 also merge with another type of special district created by 134 special act pursuant to the terms of that special act or by 135 filing a petition for establishment of a new
The district may136 merge with any other special districts upon filing a petition137 for establishment of a community developmentdistrict pursuant 138 to s. 190.005. The government formed by a merger involving a 139 community development district pursuant to this section shall 140 assume all indebtedness of, and receive title to, all property 141 owned by the preexisting special districts, and the rights of 142 creditors and liens upon property are shallnot beimpaired by 143 such merger. Any claim existing or action or proceeding pending 144 by or against any district that is a party to the merger may be 145 continued as if the merger had not occurred, or the surviving 146 district may be substituted in the proceeding for the district 147 that ceased to exist. Prior to filing a thepetition, the 148 districts desiring to merge shall enter into a merger agreement 149 and shall provide for the proper allocation of the indebtedness 150 so assumed and the manner in which such debt shall be retired. 151 The approval of the merger agreement and the petition by the 152 board of supervisors of the district shall constitute consent of 153 the landowners within the district. A community development 154 district merging with another type of district may also enter 155 into a merger agreement to address issues of transition, 156 including the allocation of indebtedness and retirement of debt. 157 Section 2. This act shall take effect upon becoming a law.