Florida Senate - 2023                                    SB 1200
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00766A-23                                          20231200__
    1                        A bill to be entitled                      
    2         An act relating to resilience districts; creating s.
    3         190.101, F.S.; providing a short title; creating s.
    4         190.102, F.S.; providing legislative findings;
    5         creating s. 190.103, F.S.; defining terms; creating s.
    6         190.104, F.S.; declaring that the act constitutes the
    7         sole authority for resilience districts; creating s.
    8         190.105, F.S.; authorizing the establishment of
    9         infrastructure resilience districts through a petition
   10         by certain persons; prohibiting a local government
   11         from initiating an infrastructure resilience district
   12         without such petition; specifying the requirements for
   13         the petition; requiring the petitioner to send copies
   14         of the petition to specified counties and
   15         municipalities and pay a certain fee; authorizing
   16         petitioners to engage in certain meetings before the
   17         filing of the petition; requiring certain counties and
   18         municipalities to conduct public hearings; specifying
   19         a timeframe for conducting such hearings; authorizing
   20         counties or municipalities to express support of or
   21         objection to the resilience district by resolution;
   22         specifying the requirements for such resolution;
   23         requiring the public hearing on a petition to be
   24         conducted in accordance with local regulations and at
   25         an accessible location; requiring the petitioner to
   26         publish notice of the hearing; specifying the
   27         requirements of the notice; requiring the local
   28         government to give an opportunity to provide oral or
   29         written comments on the petition; authorizing the
   30         local government to consider specified factors in
   31         granting or denying a petition for an infrastructure
   32         resilience district; providing that not all factors
   33         are required to be considered; specifying certain
   34         requirements if the petition is denied on a specified
   35         basis; requiring an interlocal agreement to be signed
   36         in certain circumstances; authorizing the
   37         establishment of condominium resilience districts
   38         through a petition by certain persons; requiring
   39         counties to develop a process to receive such
   40         petitions by a certain date; prohibiting a local
   41         government from initiating a condominium resilience
   42         district without such petition; specifying the
   43         requirements of the petition; requiring the petitioner
   44         to submit a petition to a specified county and to pay
   45         certain fees; requiring the county to make certain
   46         notifications; requiring the county to conduct a
   47         public hearing under certain circumstances; specifying
   48         a timeframe and requirements for such hearing;
   49         authorizing counties to express support of or
   50         objection to the resilience district by resolution;
   51         specifying the requirements for such resolution;
   52         requiring the hearing to be conducted in accordance
   53         with local regulations and at an accessible location;
   54         requiring the petitioner to publish notice of the
   55         hearing; specifying the requirements of the notice;
   56         requiring the county to give certain individuals an
   57         opportunity to provide oral or written comments on the
   58         petition; specifying factors the county may consider
   59         in granting or denying a petition for a condominium
   60         resilience district; creating s. 190.1052, F.S.;
   61         specifying requirements for the size of resilience
   62         districts; specifying requirements for condominium
   63         resilience districts; prohibiting certain district
   64         configurations; requiring resilience districts to
   65         replace certain other special taxing districts under
   66         certain circumstances; requiring certain funds to be
   67         transferred to the resilience district; specifying
   68         that the district would include certain consolidated
   69         property; creating s. 190.1054, F.S.; specifying
   70         acceptable uses of infrastructure resilience
   71         districts; prohibiting certain condominiums from using
   72         resilience districts; providing limitations on the use
   73         of resilience districts; requiring certain
   74         modifications to be approved through an amended
   75         petition; creating s. 190.1056, F.S.; authorizing the
   76         payment of certain fees for project management of
   77         infrastructure resilience districts; specifying a
   78         certain fee to the property appraiser for certain
   79         administration; requiring all fees to be factored into
   80         the loan amount; creating s. 190.106, F.S.; specifying
   81         the composition, length of terms, and procedure for
   82         filling vacancies of the board for infrastructure
   83         resilience districts; specifying the powers,
   84         composition, procedure for filling vacancies, and
   85         elections of the board of a condominium resilience
   86         district; requiring board members to follow applicable
   87         laws; prohibiting board members from receiving
   88         compensation; prohibiting board members from
   89         performing the work of the district; requiring board
   90         members to be residents of the state and citizens of
   91         the United States; creating s. 190.108, F.S.;
   92         requiring each district to publish an annual budget;
   93         requiring condominium resilience districts to provide
   94         their annual budget to certain persons; requiring the
   95         district to provide certain financial reports;
   96         authorizing the local government to review and submit
   97         comments regarding a district’s annual budget;
   98         creating s. 190.111, F.S.; specifying the powers the
   99         district may exercise; creating s. 190.133, F.S.;
  100         requiring infrastructure resilience districts to
  101         follow a specified procurement process; specifying a
  102         procurement process for condominium resilience
  103         districts; creating s. 190.136, F.S.; authorizing a
  104         district to recover unpaid fees, rental charges, or
  105         penalties; creating s. 190.146, F.S.; specifying the
  106         circumstances in which the district can be expanded or
  107         reduced; specifying when an infrastructure or
  108         condominium resilience district must terminate;
  109         creating s. 190.148, F.S.; requiring a specified
  110         disclosure for sales of real property located in a
  111         resilience district; creating s. 190.149, F.S.;
  112         requiring the district to record a specified notice of
  113         establishment of a resilience district within a
  114         specified timeframe; amending s. 190.002, F.S.;
  115         conforming provisions to changes made by the act;
  116         amending s. 190.003, F.S.; conforming provisions to
  117         changes made by the act; amending s. 190.046, F.S.;
  118         conforming provisions to changes made by the act;
  119         amending s. 190.048, F.S.; conforming provisions to
  120         changes made by the act; providing a directive to the
  121         Division of Law Revision; providing an effective date.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Section 190.101, Florida Statutes, is created to
  126  read:
  127         190.101 Short title.—Sections 190.101-190.149 may be cited
  128  as the “Resilience District Act of 2023.”
  129         Section 2. Section 190.102, Florida Statutes, is created to
  130  read:
  131         190.102Legislative findings.—The Legislature finds that:
  132         (1)There is a need for uniform, focused, and fair
  133  procedures in state law to provide financial mechanisms to help
  134  communities mitigate the risk from rising sea levels and
  135  increased flooding while improving the quality of life for their
  136  residents.
  137         (2)Local governments need support to address these
  138  challenges in a timely manner, including providing new,
  139  resident-focused solutions to solve infrastructure problems.
  140         (3)Even though more than half of this state’s
  141  municipalities have fewer than 6,000 residents, current
  142  financing mechanisms disproportionately benefit larger and more
  143  affluent communities.
  144         (4)There is a need to provide condominiums with long-term
  145  financing mechanisms to solve their large infrastructure
  146  problems and to comply with statutory mandates requiring
  147  condominium associations to maintain fully funded reserves.
  148         (5)Allowing current special districts to exist in
  149  perpetuity, even long after their functional responsibilities
  150  and initial debt financing are over, is not in the state’s best
  151  interest.
  152         Section 3. Section 190.103, Florida Statutes, is created to
  153  read:
  154         190.103Definitions.—As used in ss. 190.101-190.149, the
  155  term:
  156         (1)“Board” or “board of supervisors” has the same meaning
  157  as in s. 190.003.
  158         (2)Bond” means any general obligation bond, assessment
  159  bond, refunding bond, revenue bond, and other such obligation in
  160  the nature of a bond as is provided for in this act.
  161         (3)“District” means a resilience district.
  162         (4)“District boundaries” means a continuous geographic
  163  area with common interest.
  164         (5)“District manager” means the manager of a district, who
  165  may include a staff member of the local government.
  166         (6)Infrastructure” means any fixed capital expenditure or
  167  fixed capital costs associated with the construction,
  168  reconstruction, or improvement of facilities that have a life
  169  expectancy of 5 or more years and any land acquisition, land
  170  improvement, design, and engineering costs related thereto.
  171         (7)“Landowner” means the owner of a freehold estate as it
  172  appears by the deed record, including a trustee, a private
  173  corporation, and an owner of a condominium unit. The term does
  174  not include a reversioner, remainderman, mortgagee, or any
  175  governmental entity that may not be counted and need not be
  176  notified of proceedings under this act. The term also means the
  177  owner of a ground lease from a governmental entity, which
  178  leasehold interest has a remaining term, excluding all renewal
  179  options, in excess of 50 years.
  180         (8)“Parcel” means any quantity of land capable of being
  181  described with such definiteness that its location and
  182  boundaries may be established, which is designated by its owner
  183  or developer as land to be used or developed as a unit, or which
  184  has been used or developed as a unit.
  185         (9)“Resilience district” means a citizen-initiated
  186  financing district created pursuant to this act and limited to
  187  the performance of those specialized functions authorized by
  188  this act which solve infrastructure and resilience problems
  189  affecting the district’s geographic area, specifically for
  190  public infrastructure or condominiums.
  191         (10)“Taxpayer” means any person or corporation paying
  192  property taxes for property owned within the district boundary.
  193         Section 4. Section 190.104, Florida Statutes, is created to
  194  read:
  195         190.104 Sole authority.—This act constitutes the sole
  196  authorization for the future establishment of resilience
  197  districts that have any of the specialized functions and powers
  198  provided by this act.
  199         Section 5. Section 190.105, Florida Statutes, is created to
  200  read:
  201         190.105 Establishment of district.—
  202         (1)The exclusive and uniform method for the establishment
  203  of a resilience district to address infrastructure is through a
  204  petition from the taxpayers who own real property within the
  205  district boundaries. A local government may not initiate the
  206  creation of the infrastructure resilience district without such
  207  petition.
  208         (a)A petition for the establishment of an infrastructure
  209  resilience district must be filed by the petitioner with the
  210  desired local government, which will serve as the project
  211  manager for the district, unless the district hires a private
  212  individual to provide this service. The petition must contain
  213  all of the following:
  214         1.A metes and bounds description of the boundaries of the
  215  district. Any real property within the boundaries of the
  216  district which is to be excluded from the district must be
  217  specifically described, and the last known address of all owners
  218  of such real property must be listed. The petition must also
  219  address the impact of the proposed district on any real property
  220  within the external boundaries of the district which is to be
  221  excluded from the district.
  222         2.The written consent to the establishment of the district
  223  by 70 percent of the landowners whose real property is to be
  224  included in the district or documentation demonstrating that the
  225  petitioner has control by deed, trust agreement, contract, or
  226  option of 100 percent of the real property to be included in the
  227  district. When real property to be included in the district is
  228  owned by a governmental entity and subject to a ground lease as
  229  described in s. 190.103(7), the governmental entity must provide
  230  its written consent. The petitioner must verify ownership of
  231  property with the county property appraiser.
  232         3.The proposed name of the district.
  233         4.Identification that the proposed district is an
  234  acceptable use of the district pursuant to s. 190.1054(1).
  235         5.A written description of why the district is needed.
  236         6.Designation of five persons to be the initial members of
  237  the district’s board of supervisors, who will serve in that
  238  office until replaced by elected members as provided in s.
  239  190.106.
  240         7.Based upon available data, the proposed budget of the
  241  district and the timeline for expenditure of the funds. These
  242  estimates must be submitted in good faith but are not binding
  243  and may be revised as needed. The proposed budget must include
  244  the overall cost of the infrastructure project, years of
  245  repayment, cost per property, and any fees being paid to a local
  246  general-purpose government in support of the development and
  247  operation of the district.
  248         (b)The petitioner must submit a copy of the petition to
  249  the local government that will serve as the project manager,
  250  along with an application fee of $500, and a copy to each
  251  municipality or county of boundaries of which are contiguous
  252  with, or contain all or a portion of, the land within the
  253  boundaries of the proposed resilience district. In cases where
  254  conflicts arise over the formation of a resilience district, the
  255  petitioner may engage the local government in meetings before
  256  the petition is filed in order to find a resolution that is
  257  mutually agreeable to all parties.
  258         (c)Each county and municipality required under this
  259  section to receive a petition must conduct a public hearing to
  260  consider the merits of the petition and whether it meets the
  261  requirements specified in paragraph (d).
  262         1.The public hearing must be concluded within 90 days
  263  after the date the petition is filed, unless an extension of
  264  time is requested by the petitioner and granted by the county or
  265  municipality. The county or municipality holding the public
  266  hearing may express its support of or objection to the creation
  267  of the district by resolution. A resolution must base any
  268  objection to the granting of the petition upon the factors
  269  specified in paragraph (d) and be adopted by a supermajority of
  270  the governing body of the county or municipality.
  271         2.The public hearing on the petition must be conducted in
  272  accordance with local regulations regarding public hearings. The
  273  hearing must be held at an accessible location of the local
  274  government that receives the petition for the resilience
  275  district. The petitioner must publish a notice of the hearing
  276  for 4 successive weeks on a publicly accessible website as
  277  provided in s. 50.0311 and mail a notice to every landowner
  278  within the proposed boundaries of the district at least 30 days
  279  before the hearing. Such notice must give the time and place for
  280  the hearing, a description of the area to be included in the
  281  district, including a map clearly showing the area to be covered
  282  by the district, and any other relevant information the county
  283  or municipality requires. All affected units of the local
  284  general-purpose government and the general public must be given
  285  an opportunity to appear at the hearing and present oral or
  286  written comments on the petition.
  287         (d)The local general-purpose government where the petition
  288  is filed may consider any of the following factors in granting
  289  or denying the petition for the establishment of an
  290  infrastructure resilience district; however, not all factors are
  291  required to be considered in granting or denying the petition:
  292         1.Whether all statements contained in the petition have
  293  been found to be true and correct.
  294         2.Whether the proposed district boundaries are in
  295  compliance with s. 190.1052.
  296         3.Whether the local general-purpose government has
  297  committed to funding the proposed infrastructure project and
  298  will implement the project within the next 5 years. The project
  299  must be clearly defined in a capital improvement plan.
  300         4.Whether an independent licensed engineering
  301  professional, free of conflict, hired by the local general
  302  purpose government, has determined that the proposed plan will
  303  not adequately solve the problem. The term “adequately solve the
  304  problem” means that the solution would not improve the situation
  305  in any meaningful way.
  306         5.Whether the district would primarily serve one parcel or
  307  owner or numerous parcels that have related owners through
  308  familial or business interests other than for the redevelopment
  309  of nonresilient housing as described in s. 190.1054(1)(d).
  310         6.Whether the infrastructure improvements being proposed
  311  are not within the jurisdictional authority of any local
  312  government included as a cooperative partner in the project.
  313         7.Whether the proposed improvements would have a
  314  significant negative impact on other property owners outside the
  315  proposed district and whether a remedy exists to mitigate such
  316  impact.
  317         8.Whether the operation and maintenance of the proposed
  318  infrastructure would create an undue burden on the local
  319  general-purpose government.
  320         9.Whether the establishment of the district is
  321  inconsistent with any applicable element or portion of the local
  322  general-purpose government’s comprehensive plan.
  323         (e)If the local general-purpose government denies the
  324  petition under subparagraph (d)2., the local general-purpose
  325  government must work with the petitioner, if the petitioner
  326  desires, to determine an acceptable boundary for the formation
  327  of the district and the petitioner must revise the petition
  328  accordingly.
  329         (e)If the local general-purpose government denies the
  330  petition under subparagraph (d)3. and then fails to implement
  331  the infrastructure improvement or eliminates funding for it at
  332  any time within 5 years, the petition must be reheard within 45
  333  days and may not be denied subsequently under subparagraph (d)3.
  334  In this case, the local general-purpose government, if selected
  335  as the project manager, must not take a project management fee
  336  and is responsible for any increased costs from the petitioner’s
  337  previously submitted cost estimate.
  338         (g)If the local general-purpose government denies the
  339  petition under any reason listed in paragraph (d) without
  340  working with the petitioner to attempt to modify the petition or
  341  to find an agreeable alternative, the local general-purpose
  342  government is responsible for implementing the project, or an
  343  appropriate alternative, at the local general-purpose
  344  government’s cost, commencing the project within 180 days and
  345  without creating any unreasonable delays in the completion of
  346  the project.
  347         (h)If lands within the proposed district overlap the
  348  boundaries of more than one local general-purpose government,
  349  the affected local general-purpose governments must sign an
  350  interlocal agreement with the local government receiving the
  351  petition. The interlocal agreement must be in place no more than
  352  120 days after the approval of the district and before the
  353  commencement of any work of the resilience district.
  354         (2)The exclusive and uniform method for the establishment
  355  of a condominium resilience district or an associated group of
  356  condominiums is through a petition from residents and taxpayers
  357  who are unit owners of the condominiums located within the
  358  district boundaries. All counties must develop a process to
  359  receive and process such petitions by December 15, 2023. A local
  360  government must not initiate the creation of a condominium
  361  resilience district without such petition.
  362         (a)A petition for the establishment of a resilience
  363  district for condominiums must be filed by the petitioner with
  364  the county in which a majority of the condominium units are
  365  located. The petition must contain:
  366         1.A metes and bounds description of the boundaries of the
  367  district. Any real property within the boundaries of the
  368  district which is to be excluded from the district must be
  369  specifically described, and the last known address of all owners
  370  of such real property must be listed. The petition must also
  371  address the impact of the proposed district on any real property
  372  within the external boundaries of the district which is to be
  373  excluded from the district.
  374         2.The written consent to the establishment of the district
  375  by 70 percent of the unit owners to be included in the district
  376  or documentation demonstrating that the petitioner has control
  377  by deed, trust agreement, contract, or option of 100 percent of
  378  the real property to be included in the district. When real
  379  property to be included in the district is owned by a
  380  governmental entity and subject to a ground lease as described
  381  in s. 190.103(7), the governmental entity must provide its
  382  written consent. The petitioner must verify ownership of
  383  property with the county property appraiser.
  384         3.The proposed name of the district.
  385         4.A written description of why the district is needed.
  386         5.Designation of the existing board of the condominium to
  387  be the district’s board of supervisors, who will serve until
  388  replaced by elected members as provided in s. 190.106.
  389         6.Based upon available data, the proposed budget of the
  390  district and the timeline for expenditure of the funds. These
  391  estimates must be submitted in good faith but are not binding
  392  and may be revised as needed. The proposed budget must include
  393  the overall cost of the proposed project, years of repayment,
  394  probable cost per property, and any fees being paid to a local
  395  general-purpose government in support of the development and
  396  operation of the district.
  397         7.Proof of notification of all unit owners of the plan to
  398  create a district and the condominium association meeting
  399  minutes in which the creation of the district was approved by
  400  the board of the condominium association.
  401         8.A letter of recommendation for each condominium, signed
  402  by the president or chair of the association board.
  403         (b)The petitioner must submit a copy of the petition to
  404  the county in which a majority of the condominium units are
  405  located, along with an application fee of $200 plus $2 per unit
  406  within the district to cover the cost of notifications.
  407         (c)The county must notify all residents by mail of the
  408  petition to create the resilience district and notify them of
  409  their rights under paragraph (d).
  410         (d)The county must conduct a public hearing to consider
  411  the merits of the petition and whether it meets the requirements
  412  specified in paragraph (e) if at least 10 percent of the unit
  413  owners impacted request such a hearing in writing within 45 days
  414  after the county receives the initial petition.
  415         1.The public hearing must be concluded within 90 days
  416  after 10 percent or more of the unit owners request the hearing,
  417  unless an extension of time is requested by the petitioner and
  418  granted by the county. The county may express its support of or
  419  objection to the creation of the district by resolution. A
  420  resolution must base any objection to the granting of the
  421  petition upon the factors specified in paragraph (e) and be
  422  adopted by a supermajority of the governing body of the county.
  423         2.A local public hearing on the petition must be conducted
  424  in accordance with local regulations regarding public hearings.
  425  The hearing must be held at an accessible location in the
  426  county. The petitioner must publish a notice of the hearing for
  427  4 successive weeks on a publicly accessible website as provided
  428  in s. 50.0311 and a mailed notice to every unit owner within the
  429  proposed boundaries of the district at least 30 days before the
  430  hearing. Such notice must give the time and place for the
  431  hearing, a description of the area to be included in the
  432  district, which description must include a map showing clearly
  433  the area to be covered by the district, and any other relevant
  434  information the county requires. All affected unit owners and
  435  the general public must be given an opportunity to appear at the
  436  hearing and present oral or written comments on the petition.
  437         (e)The following factors must be used to make a
  438  determination to grant or deny a petition for the establishment
  439  of a resilience district:
  440         1.Whether all statements contained in the petition have
  441  been found to be true and correct.
  442         2.Whether the proposed district boundaries are in
  443  compliance with s. 190.1052.
  444         3.Whether the district would primarily serve one owner or
  445  numerous parcels that have related owners through familial or
  446  business interests.
  447         4.Whether the district would create an undue burden on
  448  residents when other alternatives exist to fund and develop
  449  proposed improvements at a lower cost.
  450         Section 6. Section 190.1052, Florida Statutes, is created
  451  to read:
  452         190.1052 District boundaries.—
  453         (1)Districts must be compact and the smallest size
  454  possible to solve the identified problem, yet sufficient in size
  455  to encompass the properties that will receive benefit from the
  456  proposed improvements.
  457         (2)Condominium resilience districts must include an entire
  458  building or group of related buildings that are adjacent and
  459  share common areas such as a pool, clubhouse, or other common
  460  facilities.
  461         (3)A local general-purpose government cannot be more than
  462  5 percent of the land area of the district without the local
  463  general-purpose government agreement. The land area calculation
  464  may not include rights-of-way or other publicly accessible lands
  465  used for infrastructure.
  466         (4)A district may not:
  467         (a)Have one owner with more than 10 percent of the area of
  468  the district without the consent of that owner.
  469         (b)Include state or federal property without the consent
  470  of those governments, including submerged lands.
  471         (c)Include federal Indian reservation lands.
  472         (5)If a district is identical to, or shares more than 90
  473  percent of the geography of, any existing special taxing
  474  district that primarily serves a similar function, the existing
  475  district must be dissolved and reconstituted as a resilience
  476  district as defined under this act and all existing funds
  477  serving the existing district must be transferred to the
  478  resilience district. This applies to resilience districts under
  479  this act that have the same boundary as existing resilience
  480  districts.
  481         (6)If a property within the district consolidates with an
  482  adjacent unit or property, the district includes the entirety of
  483  the consolidated property.
  484         Section 7. Section 190.1054, Florida Statutes, is created
  485  to read:
  486         190.1054 Uses of the district.—
  487         (1)Acceptable uses of infrastructure resilience districts
  488  include, but are not limited to, all of the following:
  489         (a)Projects that mitigate the risk of flooding and sea
  490  level rise as defined under s. 380.093, including the costs of
  491  design, permitting, and other preconstruction activities, as
  492  well as harmonization of the project with private property.
  493  Exclusions on the use of the funds provided under s. 380.093 do
  494  not apply to resilience districts.
  495         (b)Infrastructure that improves access to property during
  496  flood or storms events. This may include the cost of design,
  497  permitting, and other preconstruction activities, as well as
  498  harmonization of the infrastructure with private property.
  499         (c)Septic to sewer conversion. If infrastructure
  500  improvement outside of the district is necessary to provide
  501  sewer service, the entity providing such service may include the
  502  cost of the proportional benefit to the residents of the
  503  district, if such costs have been similarly charged to expand
  504  sewer service. This may include the cost of design, permitting,
  505  and other preconstruction activities, as well as harmonization
  506  of the sewer service with private property.
  507         (d)Redevelopment of nonresilient housing stock and related
  508  infrastructure improvements.
  509         1.Nonresilient housing stock includes, but is not limited
  510  to, mobile home parks, manufactured housing, or areas where 90
  511  percent or greater of the properties have a first finished floor
  512  elevation below the designated base flood elevation.
  513         2.For redevelopments where the average income of the
  514  current residents is below the county’s median household income,
  515  a developer must provide:
  516         a.An affordable housing unit, as defined by the Florida
  517  Housing Finance Corporation, for every existing structure or
  518  unit;
  519         b.The first right of refusal to the residents of the
  520  district for rental or purchase of new units developed; and
  521         c.For residents who desire to stay in the district during
  522  redevelopment, a clear plan for the nondisplacement or temporary
  523  relocation of existing residents during construction. The cost
  524  of relocation and additional cost of any housing must be covered
  525  by the district. For residents who desire to leave the district
  526  during redevelopment, the developer must pay for relocation
  527  costs including housing placement assistance and rental support
  528  for the difference in costs, based on average market rent for at
  529  least 12 months.
  530         (e)Service the debt of any existing special taxing
  531  district authorized under statute, in the event that district is
  532  dissolved.
  533         (2)An infrastructure resilience district may not be
  534  created with the purpose of taking over public lands.
  535         (3)Acceptable uses of a condominium resilience district
  536  include, but are not limited to, all of the following:
  537         (a)Fully funding the condominium’s reserves.
  538         1.To create a district for this purpose, the board of the
  539  condominium association must provide the current approved budget
  540  and a written plan on how to continue to fund the reserves
  541  beyond any initial loan as part of the creation of the district.
  542         2.Any funds borrowed under this section must be held in an
  543  escrow account that can be used only for the designed repairs
  544  required as part of the reserve or unexpected repairs costing
  545  more than $10,000.
  546         (b)Making structural or other improvements that would
  547  require assessing the unit owners more than one-quarter of the
  548  sum of the total assessment collected by the associated annually
  549  based on the previous 3 years of collections.
  550         (c)Executing mandates of the Florida Building Code,
  551  Florida Fire Prevention Code, or local building codes.
  552         (4)A condominium resilience district may not be used by a
  553  condominium association when more than 40 percent of the units
  554  are owned by a single owner or group of related owners or if the
  555  association is in formal negotiations to sell all units and
  556  dissolve the association. All debt service must be paid off and
  557  the district dissolved before the transfer of ownership of any
  558  condominium to a single owner or group of related owners.
  559         (5)Resilience districts must not exist in perpetuity and
  560  must be created with a specific purpose as defined in this
  561  section. Districts may not add additional projects beyond what
  562  was approved as part of the petition under s. 190.105, unless
  563  the projects are required to supplement the initial project to
  564  fix a deficiency that will compromise the intent and purpose of
  565  the initial project and the deficiency is identified within 5
  566  years after the creation of the district. Any modifications
  567  require the approval of 70 percent of the unit owners within the
  568  district through an amended petition under s. 190.105. The
  569  amended petition must be verified by the local property
  570  appraiser.
  571         Section 8. Section 190.1056, Florida Statutes, is created
  572  to read:
  573         190.1056 Management and service fees.—
  574         (1)If the local government is acting as the project
  575  manager for an infrastructure resilience district, the district
  576  may pay up to a 5 percent project management fee based on the
  577  total cost of design and construction. Half of the fee is to be
  578  paid to the local government acting as the project manager at
  579  the commencement of the project and the remainder at the
  580  completion of the project. If an outside firm is used to manage
  581  the project, the actual cost of project management may be
  582  charged if approved as part of the creation of the district but
  583  may not exceed 10 percent of the total cost of design and
  584  construction. The project manager must be a Florida-licensed
  585  professional engineer and be employed by a company that is
  586  authorized to do business in this state.
  587         (2)The local property appraiser must receive up to a 2
  588  percent administrative fee or actual cost of administration,
  589  whichever is less, based on the annual amount of collection for
  590  the district for any debt service.
  591         (3)All fees must be factored into any overall loan amount
  592  reflected in the budget as a part of the petition approval
  593  process.
  594         Section 9. Section 190.106, Florida Statutes, is created to
  595  read:
  596         190.106 Board of supervisors; members and meetings.—
  597         (1)For infrastructure resilience districts:
  598         (a)The board shall be composed of a minimum of three and
  599  no more than seven members or two members times the number of
  600  local governments that are parties to the district plus one
  601  member, whichever is greater.
  602         (b)The board shall include one elected official from all
  603  local governments who received a copy of the petition, but a
  604  majority of the board must be property owners from within the
  605  district.
  606         (c)Local government elected officials do not count as
  607  residents of the district, even if they own property within the
  608  district.
  609         (d)Each term will be for a length of no more than 5 years.
  610         (e)Vacancies must be filled by the local general-purpose
  611  government that created the district and if the local government
  612  fails to fill a vacancy within 60 days, the board may appoint an
  613  interim member in a publicly noticed meeting in accordance with
  614  this chapter.
  615         (2)For condominium resilience districts:
  616         (a)The district board of supervisors exercises the powers
  617  granted to the district pursuant to this act.
  618         (b)The board of the condominium association must serve as
  619  the district board of supervisors unless an association board
  620  member cannot comply with the requirements to serve on the
  621  district board. In that case, a substitute member may be elected
  622  as part of the elections of the condominium association board.
  623         (c)Vacancies must be filled and elections held in
  624  accordance with the bylaws of the association, which must be
  625  publicly available and provided.
  626         (3)District board members shall follow all applicable
  627  local, state, and federal laws.
  628         (4)District board members may not be compensated for their
  629  service.
  630         (5)District board members are precluded from performing
  631  any of the work of the district.
  632         (6)The members of the district board must be residents of
  633  the state and citizens of the United States.
  634         Section 10. Section 190.108, Florida Statutes, is created
  635  to read:
  636         190.108 Budget; reports and reviews.—
  637         (1)Each district shall publish an annual budget that must
  638  be provided to each resident and landowner or unit owner within
  639  the district.
  640         (2)For condominium resilience districts, the annual budget
  641  must be provided to the local building official and local
  642  property appraiser.
  643         (3)The district shall provide financial reports in such
  644  form and such manner as prescribed pursuant to this subsection
  645  and s. 190.009.
  646         (4)The local general-purpose government may review the
  647  proposed annual budget and any long-term financial plan or
  648  program and may submit written comments to the district board
  649  for its assistance and information in adopting the district
  650  annual budget and long-term financial plan or program.
  651         Section 11. Section 190.111, Florida Statutes, is created
  652  to read:
  653         190.111 General powers.—The district shall have, and its
  654  board of supervisors may exercise, the following powers:
  655         (1)To borrow money and issue bonds, certificates,
  656  warrants, notes, or other evidence of indebtedness as
  657  hereinafter provided; to levy such tax and special assessments
  658  as may be authorized; and to charge, collect, and enforce fees
  659  and other charges.
  660         (2)To contract for the services of consultants to perform
  661  planning, engineering, legal, or other appropriate services of a
  662  professional nature. Such contracts are subject to public
  663  bidding or competitive negotiation requirements as set forth in
  664  s. 190.133.
  665         (3)To cooperate with, or contract with, other governmental
  666  agencies as may be necessary, convenient, incidental, or proper
  667  in connection with any of the powers, duties, or purposes
  668  authorized by this act.
  669         (4)To exercise such special powers as may be authorized by
  670  this act.
  671         Section 12. Section 190.133, Florida Statutes, is created
  672  to read:
  673         190.133 Bids required.—
  674         (1)An infrastructure resilience district must follow
  675  applicable procurement processes of the local government that
  676  manages the district or follow the requirements under s.
  677  287.055. Project services may be procured under continuing
  678  service contracts with the approval of the district board of
  679  supervisors.
  680         (2)Condominium resilience districts must receive at least
  681  three bids for each project. The district board of supervisors
  682  must vote on the rationale supporting the selection of the firm
  683  chosen. The three bids and rationale must be filed with the
  684  local property appraiser or other entity as required by the
  685  Department of Economic Opportunity. All bids and the outcome of
  686  the board vote on the rationale supporting the selection of the
  687  firm chosen must be shared with all unit owners.
  688         Section 13. Section 190.136, Florida Statutes, is created
  689  to read:
  690         190.136 Recovery of delinquent charges.—In the event that
  691  any fees, rental charges, or delinquent penalties are not paid
  692  as and when due and are in default for 60 days or more, the
  693  unpaid balance thereof and all interest accrued thereon,
  694  together with reasonable attorney fees and costs, may be
  695  recovered by the district in a civil action.
  696         Section 14. Section 190.146, Florida Statutes, is created
  697  to read:
  698         190.146 Reduction, expansion, or termination of district.—
  699         (1)The boundaries of the district may only be expanded or
  700  reduced as provided in s. 190.1052.
  701         (2)For an infrastructure resilience district, upon
  702  completion of the project, the appropriate local general-purpose
  703  government must take over ownership of all infrastructure built
  704  by the district, and the district must only exist to service the
  705  debt incurred for the infrastructure project. The district must
  706  automatically terminate after all debt is paid.
  707         (3)For a condominium resilience district, a unit owner may
  708  petition to terminate the district by submitting to the board of
  709  supervisors a petition supported by 70 percent of the unit
  710  owners of the district. The petition must contain the same
  711  information as required by s. 190.105(2)(a), and the petitioner
  712  must follow the procedure set forth in s. 191.105(2)(b). All
  713  debts must be paid before the district may be terminated. A
  714  condominium resilience district must automatically terminate
  715  after the initially approved loan amount is used and all debt is
  716  paid.
  717         Section 15. Section 190.148, Florida Statutes, is created
  718  to read:
  719         190.148 Sale of real estate within a district; required
  720  disclosure to purchaser.—Subsequent to the establishment of a
  721  district under s. 190.105, each contract for the initial sale of
  722  a parcel of real property and each contract for the initial sale
  723  of a residential unit within the district must include, printed
  724  immediately above the space reserved in the contract for the
  725  signature of the purchaser, the following disclosure statement
  726  in boldface and conspicuous type that is larger than the type in
  727  the remaining text of the contract: “THE RESILIENCE DISTRICT
  728  (NAME OF DISTRICT) IMPOSES AND LEVIES ASSESSMENTS ON THIS
  729  PROPERTY. THESE ASSESSMENTS PAY THE DESIGN AND CONSTRUCTION
  730  COSTS OF CERTAIN INFRASTRUCTURE IMPROVEMENTS AND ARE BASED ON
  731  THE PETITION THAT CREATED THIS DISTRICT. THESE TAXES AND
  732  ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
  733  GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
  734  ASSESSMENTS PROVIDED FOR BY LAW.”
  735         Section 16. Section 190.149, Florida Statutes, is created
  736  to read:
  737         190.149 Notice of establishment.—Within 30 days after the
  738  establishment of a resilience district under this act, the
  739  district must record in the property records in the county in
  740  which it is located a “Notice of Establishment of a Resilience
  741  District.” The notice shall, at a minimum, include the legal
  742  description of the district and a copy of the disclosure
  743  statement specified in s. 190.148.
  744         Section 17. Subsection (3) of section 190.002, Florida
  745  Statutes, is amended to read:
  746         190.002 Legislative findings, policies, and intent.—
  747         (3) It is the legislative intent and purpose, based upon,
  748  and consistent with, its findings of fact and declarations of
  749  policy, to authorize a uniform procedure by general law to
  750  establish an independent special district as an alternative
  751  method to manage and finance basic services for community
  752  development. It is further the legislative intent and purpose to
  753  provide by general law for the uniform operation, exercise of
  754  power, and procedure for termination of any such independent
  755  district. It is further the purpose and intent of the
  756  Legislature that a district created under s. 190.005 this
  757  chapter not have or exercise any zoning or development
  758  permitting power, that the establishment of the independent
  759  community development district as provided in this act not be a
  760  development order within the meaning of chapter 380, and that
  761  all applicable planning and permitting laws, rules, regulations,
  762  and policies control the development of the land to be serviced
  763  by the district. It is further the purpose and intent of the
  764  Legislature that no debt or obligation of a district constitute
  765  a burden on any local general-purpose government without its
  766  consent.
  767         Section 18. Section 190.003, Florida Statutes, is amended
  768  to read:
  769         190.003 Definitions.—As used in s. 190.001-190.149 this
  770  chapter, the term:
  771         (1) “Ad valorem bonds” means bonds which are payable from
  772  the proceeds of ad valorem taxes levied on real and tangible
  773  personal property and which are generally referred to as general
  774  obligation bonds.
  775         (2) “Assessable improvements” means, without limitation,
  776  any and all public improvements and community facilities that
  777  the district is empowered to provide in accordance with this
  778  act.
  779         (3) “Assessment bonds” means special obligations of the
  780  district which are payable solely from proceeds of the special
  781  assessments levied for an assessable project.
  782         (4) “Board” or “board of supervisors” means the governing
  783  board of the district or, if such board has been abolished, the
  784  board, body, or commission succeeding to the principal functions
  785  thereof or to whom the powers given to the board by this act
  786  have been given by law.
  787         (5) “Bond” includes “certificate,” and the provisions which
  788  are applicable to bonds are equally applicable to certificates.
  789  The term “bond” includes any general obligation bond, assessment
  790  bond, refunding bond, revenue bond, and other such obligation in
  791  the nature of a bond as is provided for in this act, as the case
  792  may be.
  793         (6) “Community development district” means a local unit of
  794  special-purpose government which is created pursuant to this act
  795  and limited to the performance of those specialized functions
  796  authorized by this act; the governing head of which is a body
  797  created, organized, and constituted and authorized to function
  798  specifically as prescribed in this act for the purpose of the
  799  delivery of urban community development services; and the
  800  formation, powers, governing body, operation, duration,
  801  accountability, requirements for disclosure, and termination of
  802  which are as required by general law.
  803         (7) “Compact, urban, mixed-use district” means a district
  804  located within a municipality and within a community
  805  redevelopment area created pursuant to s. 163.356, that consists
  806  of a maximum of 75 acres, and has development entitlements of at
  807  least 400,000 square feet of retail development and 500
  808  residential units.
  809         (8) “Cost,” when used with reference to any project,
  810  includes, but is not limited to:
  811         (a) The expenses of determining the feasibility or
  812  practicability of acquisition, construction, or reconstruction.
  813         (b) The cost of surveys, estimates, plans, and
  814  specifications.
  815         (c) The cost of improvements.
  816         (d) Engineering, fiscal, and legal expenses and charges.
  817         (e) The cost of all labor, materials, machinery, and
  818  equipment.
  819         (f) The cost of all lands, properties, rights, easements,
  820  and franchises acquired.
  821         (g) Financing charges.
  822         (h) The creation of initial reserve and debt service funds.
  823         (i) Working capital.
  824         (j) Interest charges incurred or estimated to be incurred
  825  on money borrowed prior to and during construction and
  826  acquisition and for such reasonable period of time after
  827  completion of construction or acquisition as the board may
  828  determine.
  829         (k) The cost of issuance of bonds pursuant to this act,
  830  including advertisements and printing.
  831         (l) The cost of any election held pursuant to this act and
  832  all other expenses of issuance of bonds.
  833         (m) The discount, if any, on the sale or exchange of bonds.
  834         (n) Administrative expenses.
  835         (o) Such other expenses as may be necessary or incidental
  836  to the acquisition, construction, or reconstruction of any
  837  project or to the financing thereof, or to the development of
  838  any lands within the district.
  839         (p) Payments, contributions, dedications, fair share or
  840  concurrency obligations, and any other exactions required as a
  841  condition to receive any government approval or permit necessary
  842  to accomplish any district purpose.
  843         (9) “District” means the community development district.
  844         (10) “District manager” means the manager of the district.
  845         (11) “District roads” means highways, streets, roads,
  846  alleys, sidewalks, landscaping, storm drains, bridges, and
  847  thoroughfares of all kinds and descriptions.
  848         (12) “Elector” means a landowner or qualified elector.
  849         (13) “General obligation bonds” means bonds which are
  850  secured by, or provide for their payment by, the pledge, in
  851  addition to those special taxes levied for their discharge and
  852  such other sources as may be provided for their payment or
  853  pledged as security under the resolution authorizing their
  854  issuance, of the full faith and credit and taxing power of the
  855  district and for payment of which recourse may be had against
  856  the general fund of the district.
  857         (14) “Landowner” means the owner of a freehold estate as
  858  appears by the deed record, including a trustee, a private
  859  corporation, and an owner of a condominium unit; it does not
  860  include a reversioner, remainderman, mortgagee, or any
  861  governmental entity, which may who shall not be counted and need
  862  not be notified of proceedings under this act. Landowner shall
  863  also mean the owner of a ground lease from a governmental
  864  entity, which leasehold interest has a remaining term, excluding
  865  all renewal options, in excess of 50 years.
  866         (15) “Local general-purpose government” means a county,
  867  municipality, or consolidated city-county government.
  868         (16) “Project” means any development, improvement,
  869  property, utility, facility, works, enterprise, or service now
  870  existing or hereafter undertaken or established under the
  871  provisions of this act.
  872         (17) “Qualified elector” means any person at least 18 years
  873  of age who is a citizen of the United States, a legal resident
  874  of Florida and of the district, and who registers to vote with
  875  the supervisor of elections in the county in which the district
  876  land is located.
  877         (18) “Refunding bonds” means bonds issued to refinance
  878  outstanding bonds of any type and the interest and redemption
  879  premium thereon. Refunding bonds shall be issuable and payable
  880  in the same manner as the refinanced bonds, except that no
  881  approval by the electorate shall be required unless required by
  882  the State Constitution.
  883         (19) “Revenue bonds” means obligations of the district
  884  which are payable from revenues derived from sources other than
  885  ad valorem taxes on real or tangible personal property and which
  886  do not pledge the property, credit, or general tax revenue of
  887  the district.
  888         (20) “Sewer system” means any plant, system, facility, or
  889  property, and additions, extensions, and improvements thereto at
  890  any future time constructed or acquired as part thereof, useful
  891  or necessary or having the present capacity for future use in
  892  connection with the collection, treatment, purification, or
  893  disposal of sewage, including, without limitation, industrial
  894  wastes resulting from any process of industry, manufacture,
  895  trade, or business or from the development of any natural
  896  resource. Without limiting the generality of the foregoing, the
  897  term “sewer system” includes treatment plants, pumping stations,
  898  lift stations, valves, force mains, intercepting sewers,
  899  laterals, pressure lines, mains, and all necessary appurtenances
  900  and equipment; all sewer mains, laterals, and other devices for
  901  the reception and collection of sewage from premises connected
  902  therewith; and all real and personal property and any interest
  903  therein, rights, easements, and franchises of any nature
  904  relating to any such system and necessary or convenient for
  905  operation thereof.
  906         (21) “Water management and control facilities” means any
  907  lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
  908  floodways, curbs, gutters, pumping stations, or any other works,
  909  structures, or facilities for the conservation, control,
  910  development, utilization, and disposal of water, and any
  911  purposes appurtenant, necessary, or incidental thereto. The term
  912  “water management and control facilities” includes all real and
  913  personal property and any interest therein, rights, easements,
  914  and franchises of any nature relating to any such water
  915  management and control facilities or necessary or convenient for
  916  the acquisition, construction, reconstruction, operation, or
  917  maintenance thereof.
  918         (22) “Water system” means any plant, system, facility, or
  919  property and additions, extensions, and improvements thereto at
  920  any future time constructed or acquired as part thereof, useful
  921  or necessary or having the present capacity for future use in
  922  connection with the development of sources, treatment, or
  923  purification and distribution of water. Without limiting the
  924  generality of the foregoing, the term “water system” includes
  925  dams, reservoirs, storage, tanks, mains, lines, valves,
  926  hydrants, pumping stations, chilled water distribution systems,
  927  laterals, and pipes for the purpose of carrying water to the
  928  premises connected with such system, and all rights, easements,
  929  and franchises of any nature relating to any such system and
  930  necessary or convenient for the operation thereof.
  931         Section 19. Paragraph (a) of subsection (4) of section
  932  190.046, Florida Statutes, is amended to read:
  933         190.046 Termination, contraction, or expansion of
  934  district.—
  935         (4)(a) To achieve economies of scale, reduce costs to
  936  affected district residents and businesses in areas with
  937  multiple existing districts, and encourage the merger of
  938  multiple districts, up to five districts that were established
  939  by the same local general-purpose government and whose board
  940  memberships are composed entirely of qualified electors may
  941  merge into one surviving district through adoption of an
  942  ordinance by the local general-purpose government,
  943  notwithstanding the acreage limitations otherwise set forth for
  944  the establishment of a district in s. 190.005 this chapter. The
  945  filing of a petition by the majority of the members of each
  946  district board of supervisors seeking to merge constitutes
  947  consent of the landowners within each applicable district.
  948         Section 20. Section 190.048, Florida Statutes, is amended
  949  to read:
  950         190.048 Sale of real estate within a district; required
  951  disclosure to purchaser.—Subsequent to the establishment of a
  952  district under s. 190.005 this chapter, each contract for the
  953  initial sale of a parcel of real property and each contract for
  954  the initial sale of a residential unit within the district shall
  955  include, immediately prior to the space reserved in the contract
  956  for the signature of the purchaser, the following disclosure
  957  statement in boldfaced and conspicuous type which is larger than
  958  the type in the remaining text of the contract: “THE ...(Name of
  959  District)... COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY
  960  TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
  961  PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION,
  962  OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES
  963  AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
  964  GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE
  965  IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
  966  ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
  967  LAW.”
  968         Section 21. The Division of Law Revision is directed to
  969  change the title of chapter 190, Florida Statutes, from
  970  Community Development Districts to Community Development and
  971  Resilience Districts.”
  972         Section 22. This act shall take effect July 1, 2023.