CS/CS/HB 821

1
A bill to be entitled
2An act relating to community development districts;
3amending s. 190.003, F.S.; defining the term "compact,
4urban, mixed-use district"; amending s. 190.006, F.S.;
5providing for application of certain board of supervisors
6election time periods to compact, urban, mixed-use
7districts; providing for retroactive application; amending
8ss. 190.005, 190.011, 190.016, 190.021, and 348.968, F.S.;
9conforming cross-references; amending s. 190.012, F.S.;
10revising deed restriction enforcement rulemaking authority
11of boards of directors of community development districts;
12authorizing certain property owners to elect a district
13board advisor; providing advisor responsibilities;
14providing requirements for district board advisor review
15and recommendations relating to enforcement of the
16district rules outside the boundaries of the district;
17requiring creation of a district board advisor seat after
18an interlocal agreement is entered into; providing for
19election of the advisor and the term of office; providing
20election procedures and requirements; amending s. 190.046,
21F.S.; revising procedures and requirements to amend the
22boundaries of a community development district; revising
23procedures and requirements to merge community development
24districts; providing limitations; providing for petition
25filing fees; preserving rights of creditors, liens upon
26property, and claims and pending actions or proceedings;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30     Section 1.  Subsections (7) through (21) of section
31190.003, Florida Statutes, are renumbered as subsections (8)
32through (22), respectively, and a new subsection (7) is added to
33that section to read:
34     190.003  Definitions.--As used in this chapter, the term:
35     (7)  "Compact, urban, mixed-use district" means a district
36located within a municipality and within a community
37redevelopment area created pursuant to s. 163.356, that consists
38of a maximum of 75 acres, and has development entitlements of at
39least 400,000 square feet of retail development and 500
40residential units.
41     Section 2.  Paragraph (a) of subsection (3) of section
42190.006, Florida Statutes, is amended to read:
43     190.006  Board of supervisors; members and meetings.--
44     (3)(a)1.  If the board proposes to exercise the ad valorem
45taxing power authorized by s. 190.021, the district board shall
46call an election at which the members of the board of
47supervisors will be elected. Such election shall be held in
48conjunction with a primary or general election unless the
49district bears the cost of a special election. Each member shall
50be elected by the qualified electors of the district for a term
51of 4 years, except that, at the first such election, three
52members shall be elected for a period of 4 years and two members
53shall be elected for a period of 2 years. All elected board
54members must be qualified electors of the district.
55     2.a.  Regardless of whether a district has proposed to levy
56ad valorem taxes, commencing 6 years after the initial
57appointment of members or, for a district exceeding 5,000 acres
58in area or for a compact, urban, mixed-use district, 10 years
59after the initial appointment of members, the position of each
60member whose term has expired shall be filled by a qualified
61elector of the district, elected by the qualified electors of
62the district. However, for those districts established after
63June 21, 1991, and for those existing districts established
64after December 31, 1983, which have less than 50 qualified
65electors on June 21, 1991, sub-subparagraphs b. and d. shall
66apply. If, in the 6th year after the initial appointment of
67members, or 10 years after such initial appointment for
68districts exceeding 5,000 acres in area or for a compact, urban,
69mixed-use district, there are not at least 250 qualified
70electors in the district, or for a district exceeding 5,000
71acres or for a compact, urban, mixed-use district, there are not
72at least 500 qualified electors, members of the board shall
73continue to be elected by landowners.
74     b.  After the 6th or 10th year, once a district reaches 250
75or 500 qualified electors, respectively, then the positions of
76two board members whose terms are expiring shall be filled by
77qualified electors of the district, elected by the qualified
78electors of the district for 4-year terms. The remaining board
79member whose term is expiring shall be elected for a 4-year term
80by the landowners and is not required to be a qualified elector.
81Thereafter, as terms expire, board members shall be qualified
82electors elected by qualified electors of the district for a
83term of 4 years.
84     c.  Once a district qualifies to have any of its board
85members elected by the qualified electors of the district, the
86initial and all subsequent elections by the qualified electors
87of the district shall be held at the general election in
88November. The board shall adopt a resolution if necessary to
89implement this requirement when the board determines the number
90of qualified electors as required by sub-subparagraph d., to
91extend or reduce the terms of current board members.
92     d.  On or before June 1 of each year, the board shall
93determine the number of qualified electors in the district as of
94the immediately preceding April 15. The board shall use and rely
95upon the official records maintained by the supervisor of
96elections and property appraiser or tax collector in each county
97in making this determination. Such determination shall be made
98at a properly noticed meeting of the board and shall become a
99part of the official minutes of the district.
100     Section 3.  The amendment to s. 190.006, Florida Statutes,
101made by this act shall apply retroactively to districts
102established prior to July 1, 2009.
103     Section 4.  Paragraph (a) of subsection (1) of section
104190.005, Florida Statutes, is amended to read:
105     190.005  Establishment of district.--
106     (1)  The exclusive and uniform method for the establishment
107of a community development district with a size of 1,000 acres
108or more shall be pursuant to a rule, adopted under chapter 120
109by the Florida Land and Water Adjudicatory Commission, granting
110a petition for the establishment of a community development
111district.
112     (a)  A petition for the establishment of a community
113development district shall be filed by the petitioner with the
114Florida Land and Water Adjudicatory Commission. The petition
115shall contain:
116     1.  A metes and bounds description of the external
117boundaries of the district. Any real property within the
118external boundaries of the district which is to be excluded from
119the district shall be specifically described, and the last known
120address of all owners of such real property shall be listed. The
121petition shall also address the impact of the proposed district
122on any real property within the external boundaries of the
123district which is to be excluded from the district.
124     2.  The written consent to the establishment of the
125district by all landowners whose real property is to be included
126in the district or documentation demonstrating that the
127petitioner has control by deed, trust agreement, contract, or
128option of 100 percent of the real property to be included in the
129district, and when real property to be included in the district
130is owned by a governmental entity and subject to a ground lease
131as described in s. 190.003(14)(13), the written consent by such
132governmental entity.
133     3.  A designation of five persons to be the initial members
134of the board of supervisors, who shall serve in that office
135until replaced by elected members as provided in s. 190.006.
136     4.  The proposed name of the district.
137     5.  A map of the proposed district showing current major
138trunk water mains and sewer interceptors and outfalls if in
139existence.
140     6.  Based upon available data, the proposed timetable for
141construction of the district services and the estimated cost of
142constructing the proposed services. These estimates shall be
143submitted in good faith but shall not be binding and may be
144subject to change.
145     7.  A designation of the future general distribution,
146location, and extent of public and private uses of land proposed
147for the area within the district by the future land use plan
148element of the effective local government comprehensive plan of
149which all mandatory elements have been adopted by the applicable
150general-purpose local government in compliance with the Local
151Government Comprehensive Planning and Land Development
152Regulation Act.
153     8.  A statement of estimated regulatory costs in accordance
154with the requirements of s. 120.541.
155     Section 5.  Paragraph (b) of subsection (7) of section
156190.011, Florida Statutes, is amended to read:
157     190.011  General powers.--The district shall have, and the
158board may exercise, the following powers:
159     (7)
160     (b)  When real property in the district is owned by a
161governmental entity and subject to a ground lease as described
162in s. 190.003(14)(13), to collect ground rent from landowners
163pursuant to a contract with such governmental entity and to
164contract with the county tax collector for collection of such
165ground rent using the procedures authorized in s. 197.3631,
166other than the procedures contained in s. 197.3632.
167     Section 6.  Subsection (2) of section 190.016, Florida
168Statutes, is amended to read:
169     190.016  Bonds.--
170     (2)  AUTHORIZATION AND FORM OF BONDS.--Any general
171obligation bonds, benefit bonds, or revenue bonds may be
172authorized by resolution or resolutions of the board which shall
173be adopted by a majority of all the members thereof then in
174office. Such resolution or resolutions may be adopted at the
175same meeting at which they are introduced and need not be
176published or posted. The board may, by resolution, authorize the
177issuance of bonds and fix the aggregate amount of bonds to be
178issued; the purpose or purposes for which the moneys derived
179therefrom shall be expended, including, but not limited to,
180payment of costs as defined in s. 190.003(8)(7); the rate or
181rates of interest, in compliance with s. 215.84; the
182denomination of the bonds; whether or not the bonds are to be
183issued in one or more series; the date or dates of maturity,
184which shall not exceed 40 years from their respective dates of
185issuance; the medium of payment; the place or places within or
186without the state where payment shall be made; registration
187privileges; redemption terms and privileges, whether with or
188without premium; the manner of execution; the form of the bonds,
189including any interest coupons to be attached thereto; the
190manner of execution of bonds and coupons; and any and all other
191terms, covenants, and conditions thereof and the establishment
192of revenue or other funds. Such authorizing resolution or
193resolutions may further provide for the contracts authorized by
194s. 159.825(1)(f) and (g) regardless of the tax treatment of such
195bonds being authorized, subject to the finding by the board of a
196net saving to the district resulting by reason thereof. Such
197authorizing resolution may further provide that such bonds may
198be executed in accordance with the Registered Public Obligations
199Act, except that bonds not issued in registered form shall be
200valid if manually countersigned by an officer designated by
201appropriate resolution of the board. The seal of the district
202may be affixed, lithographed, engraved, or otherwise reproduced
203in facsimile on such bonds. In case any officer whose signature
204shall appear on any bonds or coupons shall cease to be such
205officer before the delivery of such bonds, such signature or
206facsimile shall nevertheless be valid and sufficient for all
207purposes the same as if he or she had remained in office until
208such delivery.
209     Section 7.  Subsection (10) of section 190.021, Florida
210Statutes, is amended to read:
211     190.021  Taxes; non-ad valorem assessments.--
212     (10)  LAND OWNED BY GOVERNMENTAL ENTITY.--Except as
213otherwise provided by law, no levy of ad valorem taxes or non-ad
214valorem assessments under this chapter, or chapter 170, chapter
215197, or otherwise, by a board of a district on property of a
216governmental entity that is subject to a ground lease as
217described in s. 190.003(14)(13), shall constitute a lien or
218encumbrance on the underlying fee interest of such governmental
219entity.
220     Section 8.  Paragraph (g) of subsection (2) of section
221348.968, Florida Statutes, is amended to read:
222     348.968  Purposes and powers.--
223     (2)  The authority is granted, and shall have and may
224exercise, all powers necessary, appurtenant, convenient, or
225incidental to the carrying out of said purposes, including, but
226not limited to, the following rights and powers:
227     (g)  To borrow money and make and issue bonds, which bonds
228may be issued pursuant to the State Bond Act or, in the
229alternative, pursuant to the provisions of s. 348.969(2), in
230either case, for any purpose of the authority authorized,
231including the financing of all or part of the cost, as specified
232in s. 190.003(8)(7), of all or any part of the system and the
233refunding of any and all previous issues of bonds of the
234authority at or prior to maturity.
235     Section 9.  Subsection (4) of section 190.012, Florida
236Statutes, is amended to read:
237     190.012  Special powers; public improvements and community
238facilities.--The district shall have, and the board may
239exercise, subject to the regulatory jurisdiction and permitting
240authority of all applicable governmental bodies, agencies, and
241special districts having authority with respect to any area
242included therein, any or all of the following special powers
243relating to public improvements and community facilities
244authorized by this act:
245     (4)(a)  To adopt rules necessary for the district to
246enforce certain deed restrictions pertaining to the use and
247operation of real property within the district and outside the
248district if pursuant to an interlocal agreement under chapter
249163 if within another district or, if not within another
250district, with the consent of the county or municipality in
251which the deed restriction enforcement is proposed to occur. For
252the purpose of this subsection, the term "deed restrictions"
253means are those covenants, conditions, and restrictions,
254compliance mechanisms, and enforcement remedies contained in any
255applicable declarations of covenants and restrictions that
256govern the use and operation of real property within the
257district and, for which covenants, conditions, and restrictions,
258there is no homeowners' association or property owner's
259association having respective enforcement powers unless, with
260respect to a homeowners' association whose board is under member
261control, the association and the district agree in writing to
262enforcement by the district. The district may adopt by rule all
263or certain portions of the deed restrictions that:
264     1.  Relate to limitations, or prohibitions, compliance
265mechanisms, or enforcement remedies that apply only to external
266appearances or uses structures and are deemed by the district to
267be generally beneficial for the district's landowners and for
268which enforcement by the district is appropriate, as determined
269by the district's board of supervisors; or
270     2.  Are consistent with the requirements of a development
271order or regulatory agency permit.
272     (b)  The board may vote to adopt such rules only when all
273of the following conditions exist:
274     1.  The district's geographic area contains no homeowners'
275associations as defined in s. 720.301(9);
276     1.2.  The district was in existence on the effective date
277of this subsection, or is located within a development that
278consists of multiple developments of regional impact and a
279Florida Quality Development.;
280     2.3.  For residential districts, the majority of the board
281has been elected by qualified electors pursuant to the
282provisions of s. 190.006.; and
283     3.  For residential districts, less than 25 percent of
284residential units are in a homeowners' association.
285     4.  The declarant in any applicable declarations of
286covenants and restrictions has provided the board with a written
287agreement that such rules may be adopted. A memorandum of the
288agreement shall be recorded in the public records.
289     (c)  Within 60 days after such rules take effect, the
290district shall record a notice of rule adoption stating
291generally what rules were adopted and where a copy of the rules
292may be obtained. Districts may impose fines for violations of
293such rules and enforce such rules and fines in circuit court
294through injunctive relief.
295     (d)  The owners of property located outside the boundary of
296the district shall elect an advisor to the district board
297pursuant to paragraph (e). The sole responsibilities of the
298district board advisor are to review enforcement actions
299proposed by the district board against properties located
300outside the district and make recommendations relating to those
301proposed actions. Before the district board may enforce its
302rules against any owner of property located outside the
303district, the district board shall request the district board
304advisor to make a recommendation on the proposed enforcement
305action. The district board advisor must render a recommendation
306within 30 days after receiving a request from the district board
307or is deemed to have no objection to the district board's
308proposed decision or action.
309     (e)1.  Whenever an interlocal agreement is entered into
310pursuant to paragraph (a), a district board advisor seat shall
311be created for one elected landowner whose property is within
312the jurisdiction of the governmental entity entering into the
313interlocal agreement but not within the boundaries of the
314district. The district board advisor shall be elected by
315landowners whose land is subject to enforcement by the district
316but whose land is not within the boundaries of the district. The
317district board advisor shall be elected for a 2-year term. The
318first election for a district board advisor shall be within 90
319days after the effective date of the interlocal agreement
320between the district and the government entity.
321     2.  The election of the district board advisor shall occur
322at a meeting of eligible landowners. The district shall publish
323notice of the meeting and election once a week for 2 consecutive
324weeks in a newspaper of general circulation in the area of the
325parties to the interlocal agreement. The notice must include
326instructions on how all landowners may participate in the
327election and how to obtain a proxy form. The last day of
328publication may not be less than 14 days or more than 28 days
329before the date of the election. The landowners, when assembled
330at the meeting, shall organize by electing a chair who shall
331conduct the meeting. The chair may be any person present at the
332meeting. If the chair is a landowner or proxy holder of a
333landowner, he or she may nominate candidates and make and second
334motions.
335     3.  At the meeting, each landowner is entitled to cast one
336vote per acre of land owned by him or her and located within the
337district for each person to be elected. A landowner may vote in
338person or by proxy in writing. Each proxy must be signed by one
339of the legal owners of the property for which the vote is cast
340and must contain the typed or printed name of the individual who
341signed the proxy; the street address, legal description of the
342property, or tax parcel identification number; and the number of
343authorized votes. If the proxy authorizes more than one vote,
344each property must be listed and the number of acres of each
345property must be included. The signature on a proxy need not be
346notarized. A fraction of an acre shall be treated as 1 acre,
347entitling the landowner to one vote with respect thereto. For
348purposes of determining voting interests, platted lots shall be
349counted individually and rounded up to the nearest whole acre.
350The acreage of platted lots may not be aggregated for purposes
351of determining the number of voting units held by a landowner or
352a landowner's proxy.
353     4.  If a vacancy occurs in the district advisor seat, a
354special landowner election shall be held within 60 days after
355the vacancy using the notice, proxy, and acreage voting
356provisions of this subsection.
357     Section 10.  Subsections (1) and (3) of section 190.046,
358Florida Statutes, are amended to read:
359     190.046  Termination, contraction, or expansion of
360district.--
361     (1)  A landowner or the board may petition to contract or
362expand the boundaries of a community development district in the
363following manner:
364     (a)  The petition shall contain the same information
365required by s. 190.005(1)(a)1. and 8. In addition, if the
366petitioner seeks to expand the district, the petition shall
367describe the proposed timetable for construction of any district
368services to the area, the estimated cost of constructing the
369proposed services, and the designation of the future general
370distribution, location, and extent of public and private uses of
371land proposed for the area by the future land use plan element
372of the adopted local government local comprehensive plan. If the
373petitioner seeks to contract the district, the petition shall
374describe what services and facilities are currently provided by
375the district to the area being removed, and the designation of
376the future general distribution, location, and extent of public
377and private uses of land proposed for the area by the future
378land element of the adopted local government comprehensive plan.
379     (b)  For those districts initially established by county
380ordinance, the petition for ordinance amendment shall be filed
381with the county commission. If the land to be included or
382excluded is, in whole or in part, within the boundaries of a
383municipality, then the county commission shall not amend the
384ordinance without municipal approval. A public hearing shall be
385held in the same manner and with the same public notice as other
386ordinance amendments. The county commission shall consider the
387record of the public hearing and the factors set forth in s.
388190.005(1)(e) in making its determination to grant or deny the
389petition for ordinance amendment.
390     (c)  For those districts initially established by municipal
391ordinance pursuant to s. 190.005(2)(e), the municipality shall
392assume the duties of the county commission set forth in
393paragraph (b); however, if any of the land to be included or
394excluded, in whole or in part, is outside the boundaries of the
395municipality, then the municipality shall not amend its
396ordinance without county commission approval.
397     (d)1.  For those districts initially established by
398administrative rule pursuant to s. 190.005(1), the petition
399shall be filed with the Florida Land and Water Adjudicatory
400Commission.
401     2.  Prior to filing the petition, the petitioner shall pay
402a filing fee of $1,500, to the county if the district or the
403land to be added or deleted from the district is located within
404an unincorporated area or to the municipality if the district or
405the land to be added or deleted is located within an
406incorporated area, and to each municipality the boundaries of
407which are contiguous with or contain all or a portion of the
408land within or to be added to or deleted from the external
409boundaries of the district or the proposed amendment, and submit
410a copy of the petition to the county and to each such
411municipality. The petitioner shall submit a copy of the petition
412to the same entities entitled to receive the filing fee. In
413addition, if the district is not the petitioner, the petitioner
414shall file the petition with the district board of supervisors.
415     3.  Each The county and each municipality shall have the
416option of holding a public hearing as provided by s.
417190.005(1)(c). However, the such public hearing shall be limited
418to consideration of the contents of the petition and whether the
419petition for amendment should be supported by the county or
420municipality.
421     4.  The district board of supervisors shall, in lieu of a
422hearing officer, hold the local public hearing provided for by
423s. 190.005(1)(d). This local public hearing shall be noticed in
424the same manner as provided in s. 190.005(1)(d). Within 45 days
425of the conclusion of the hearing, the district board of
426supervisors shall transmit to the Florida Land and Water
427Adjudicatory Commission the full record of the local hearing,
428the transcript of the hearing, any resolutions adopted by the
429local general-purpose governments, and its recommendation
430whether to grant the petition for amendment. The commission
431shall then proceed in accordance with s. 190.005(1)(e).
432     5.  A rule amending a district boundary shall describe the
433land to be added or deleted.
434     (e)  In all cases, written consent of all the landowners
435whose land is to be added to or deleted from the district shall
436be required. The filing of the petition for expansion or
437contraction by the district board of supervisors shall
438constitute consent of the landowners within the district other
439than of landowners whose land is proposed to be added to or
440removed from the district.
441     (e)(f)1.  During the existence of a district initially
442established by administrative rule, the process petitions to
443amend the boundaries of the district pursuant to paragraphs (a)-
444(d) (a)-(e) shall not permit be limited to a cumulative net
445total greater of no more than 10 percent of the land in the
446initial district, and in no event greater shall all such
447petitions to amend the boundaries ever encompass more than a
448total of 250 acres on a cumulative net basis.
449     2.  During the existence of a district For districts
450initially established by county or municipal ordinance, the
451process to amend the boundaries of the district pursuant to
452paragraphs (a)-(d) limitation provided by this paragraph shall
453not permit be a cumulative net total greater of no more than 50
454percent of the land in the initial district, and in no event
455greater shall all such petitions to amend the boundaries ever
456encompass more than a total of 500 acres on a cumulative net
457basis.
458     3.  Boundary expansions for districts initially established
459by county or municipal ordinance shall follow the procedure set
460forth in paragraph (b) or paragraph (c).
461     (f)(g)  Petitions to amend the boundaries of the district
462that which exceed the amount of land specified in paragraph (e)
463(f) shall be processed in accordance with s. 190.005, and the
464petition shall include only the elements set forth in s.
465190.005(1)(a)1. and 5.-8. and the consent required by paragraph
466(g) considered petitions to establish a new district and shall
467follow all of the procedures specified in s. 190.005. However,
468the resulting administrative rule or ordinance may only amend
469the boundaries of the district and may not establish a new
470district or cause a new 6-year or 10-year period to begin
471pursuant to s. 190.006(3)(a)2.  The filing fee for such
472petitions shall be as set forth in s. 190.005(1)(b) and (2), as
473applicable.
474     (g)  In all cases of a petition to amend the boundaries of
475a district, the filing of the petition by the district board of
476supervisors constitutes consent of the landowners within the
477district. In all cases, written consent of those landowners
478whose land is to be added to or deleted from the district as
479provided in s. 190.005(1)(a)2. is required.
480     (3)  The district may merge with other community
481development districts upon filing a petition for merger, which
482petition shall include the elements set forth in s. 190.005(1)
483and which shall be evaluated using the criteria set forth in s.
484190.005(1)(e). The filing fee shall be as set forth in s.
485190.005(1)(b). In addition, the petition shall state whether a
486new district is to be established or whether one district shall
487be the surviving district. The district establishment of a
488community development district pursuant to s. 190.005 or may
489merge with any other special districts upon filing a petition
490for establishment of a community development district pursuant
491to s. 190.005. The government formed by a merger involving a
492community development district pursuant to this section shall
493assume all indebtedness of, and receive title to, all property
494owned by the preexisting special districts, and the rights of
495creditors and liens upon property shall not be impaired by such
496merger. Any claim existing or action or proceeding pending by or
497against any district that is a party to the merger may be
498continued as if the merger had not occurred, or the surviving
499district may be substituted in the proceeding for the district
500that ceased to exist. Prior to filing the said petition, the
501districts desiring to merge shall enter into a merger agreement
502and shall provide for the proper allocation of the indebtedness
503so assumed and the manner in which such said debt shall be
504retired. The approval of the merger agreement and the petition
505by the board of supervisors elected by the electors of the
506district shall constitute consent of the landowners within the
507district.
508     Section 11.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.