Florida Senate - 2011                                    SB 1010
       
       
       
       By Senator Simmons
       
       
       
       
       22-00836A-11                                          20111010__
    1                        A bill to be entitled                      
    2         An act relating to neighborhood improvement districts;
    3         amending s. 163.501, F.S.; revising the short title to
    4         become the “Neighborhoods Improvement Act”; amending
    5         s. 163.502, F.S.; revising legislative findings and
    6         purpose; amending s. 163.503, F.S.; revising a
    7         definition and removing definitions for “environmental
    8         security,” “crime prevention,” “defensible space,”
    9         “enterprise zone,” and “community policing
   10         innovation”; amending s. 163.5035, F.S.; conforming
   11         provisions to changes made by the act; amending s.
   12         163.504, F.S.; authorizing the governing body of any
   13         municipality or county to form a neighborhood
   14         improvement district through the adoption of an
   15         ordinance rather than by a planning ordinance;
   16         removing provisions pertaining to the creation and
   17         funding of safe neighborhood districts; amending s.
   18         163.5055, F.S.; requiring each neighborhood
   19         improvement district authorized under law to notify
   20         the Department of Community Affairs and the Department
   21         of Legal Affairs of their existence rather than to
   22         register with them; amending s. 163.506, F.S.;
   23         revising provisions authorizing a local governing body
   24         to create a local government neighborhood improvement
   25         district; specifying that the ordinance may authorize
   26         the improvement district to borrow money, issue bonds,
   27         and collect special assessments; authorizing the
   28         governing body of the improvement district to levy ad
   29         valorem taxes upon real and tangible personal property
   30         within the district which the governing body deems
   31         necessary for payment on the general obligation bonds;
   32         authorizing the district to make and collect special
   33         assessments; removing provisions allowing an
   34         alternative organization for the board of directors;
   35         amending s. 163.508, F.S., relating to property
   36         owners’ association neighborhood improvement
   37         districts; revising the requirements for creating a
   38         property owners’ association neighborhood improvement
   39         district by the enactment of a separate ordinance for
   40         each district; authorizing the governing body to
   41         request grants from the state; amending s. 163.511,
   42         F.S., relating to special neighborhood improvement
   43         districts; revising provisions to conform to changes
   44         made by the act; revising the method of appointing and
   45         removing directors of the district; amending s.
   46         163.512, F.S.; revising provisions authorizing a
   47         municipality or county to create a community
   48         redevelopment neighborhood improvement district;
   49         authorizing the district to receive grants and other
   50         funding; providing that the local governing body may
   51         dissolve the district under certain circumstances;
   52         repealing s. 163.513, F.S., relating to crime
   53         prevention through community policing innovations;
   54         amending s. 163.514, F.S.; specifying the powers of
   55         neighborhood improvement districts; allowing the
   56         district to contract with legal counsel and other
   57         needed professionals; authorizing the districts to
   58         collect special assessments under certain
   59         circumstances and following designated procedures;
   60         amending s. 163.5151, F.S.; requiring a local
   61         government to prepare its budget in a specified manner
   62         if levying an ad valorem tax on real or personal
   63         property; amending s. 163.516, F.S.; requiring
   64         neighborhood improvement plans to be created for each
   65         improvement district; specifying the contents of the
   66         neighborhood improvement district’s plan; repealing s.
   67         163.517, F.S., relating to the safe neighborhoods
   68         program; repealing s. 163.519, F.S., relating to the
   69         duties of the Department of Legal Affairs; repealing
   70         s. 163.521, F.S., relating to the neighborhood
   71         improvement district inside an enterprise zone;
   72         repealing s. 163.5215, F.S., relating to the effect
   73         and construction of the existing laws; repealing s.
   74         163.522, F.S., relating to state redevelopment
   75         programs; repealing s. 163.523, F.S., relating to safe
   76         neighborhood districts; repealing s. 163.524, F.S.,
   77         relating to the Neighborhood Preservation and
   78         Enhancement Program; repealing s. 163.526, F.S.,
   79         relating to Neighborhood Councils and the local
   80         government designated agency; providing an effective
   81         date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. 163.501 Short title.—This part may be cited as
   86  the “Safe Neighborhoods Improvement Act.”
   87         Section 2. Section 163.502, Florida Statutes, is amended to
   88  read:
   89         163.502 Safe Neighborhoods improvement; legislative
   90  findings and purpose.—
   91         (1) The Legislature hereby finds and declares that among
   92  the many causes of deterioration in the business and residential
   93  neighborhoods of the state are the following: proliferation of
   94  crime, automobile traffic flow strangled by outmoded street
   95  patterns, unsuitable topography, faulty lot layouts,
   96  fragmentation of land uses and parking areas necessitating
   97  frequent automobile movement, lack of separation of pedestrian
   98  areas from automobile traffic, lack of separation of vehicle
   99  traffic lanes and railroad traffic, and excessive noise levels
  100  from automobile traffic, and lack of adequate public
  101  improvements such as streets, street lights, street furniture,
  102  street landscaping, sidewalks, traffic signals, way-finding
  103  signs, mass transit, stormwater systems, and other public
  104  utilities and improvements.
  105         (2) The Legislature further finds and declares that healthy
  106  and vibrant safe neighborhoods are the product of planning and
  107  implementation of appropriate environmental design concepts,
  108  comprehensive planning crime prevention programs, land use
  109  recommendations, and beautification techniques.
  110         (3) The Legislature further finds and declares that the
  111  provisions of this part and the powers granted to local
  112  governments, property owners’ associations, special dependent
  113  districts, and community redevelopment neighborhood improvement
  114  districts are desirable to guide and accomplish the coordinated,
  115  balanced, and harmonious development of healthy and vibrant safe
  116  neighborhoods; to promote the health, safety, and general
  117  welfare of these areas and their inhabitants, visitors, property
  118  owners, and workers; to establish, maintain, and preserve
  119  property values and preserve and foster the development of
  120  attractive neighborhood and business environments; to prevent
  121  overcrowding and congestion; and to improve or redirect
  122  automobile traffic and provide pedestrian safety; to reduce
  123  crime rates and the opportunities for the commission of crime;
  124  and to provide improvements in neighborhoods so they are
  125  defensible against crime.
  126         (4) It is the intent of the Legislature to assist local
  127  governments in implementing plans that improve the employ crime
  128  prevention through community policing innovations, environmental
  129  design, environmental security, and defensible space techniques
  130  to establish safe neighborhoods of this state. The Legislature,
  131  therefore, declares that the development, redevelopment,
  132  preservation, and revitalization of neighborhoods in this state,
  133  and all the purposes of this part, are public purposes for which
  134  public money may be borrowed, expended, loaned, and granted.
  135         Section 3. Section 163.503, Florida Statutes, is amended to
  136  read:
  137         163.503 Safe neighborhoods; Definitions.—
  138         (1) “Safe Neighborhood improvement district,” “district,”
  139  or “neighborhood improvement district” means a district located
  140  in an area in which more than 75 percent of the land is used for
  141  residential purposes, or in an area in which more than 75
  142  percent of the land is used for commercial, office, business, or
  143  industrial purposes, excluding the land area used for public
  144  facilities, and where there is a plan to reduce crime through
  145  the implementation of crime prevention through environmental
  146  design, environmental security, or defensible space techniques,
  147  or through community policing innovations. Nothing in This
  148  section does not shall preclude the inclusion of public land in
  149  a neighborhood improvement district although the amount of land
  150  used for public facilities is excluded from the land use acreage
  151  calculations.
  152         (2) “Association” means a property owners’ association
  153  which is incorporated for the purpose of creating and operating
  154  a neighborhood improvement district.
  155         (3) “Department” means the Department of Legal Affairs.
  156         (4) “Board” means the board of directors of a neighborhood
  157  improvement district, which may be the governing body of a
  158  municipality or county or the officers of a property owners’
  159  association or the board of directors of a special neighborhood
  160  improvement district or community redevelopment neighborhood
  161  improvement district.
  162         (5) “Environmental security” means an urban planning and
  163  design process which integrates crime prevention with
  164  neighborhood design and community development.
  165         (6) “Crime prevention through environmental design” means
  166  the planned use of environmental design concepts such as natural
  167  access control, natural surveillance, and territorial
  168  reinforcement in a neighborhood or community setting which is
  169  designed to reduce criminal opportunity and foster positive
  170  social interaction among the legitimate users of that setting.
  171         (7) “Defensible space” means an architectural perspective
  172  on crime prevention through physical design of the environment
  173  to create the ability to monitor and control the environment
  174  along individual perceived zones of territorial influence that
  175  result in a proprietary interest and a felt responsibility.
  176         (8) “Enterprise zone” means an area designated pursuant to
  177  s. 290.0065.
  178         (9) “Community policing innovation” means techniques or
  179  strategies as defined by s. 163.340.
  180         Section 4. Section 163.5035, Florida Statutes, is amended
  181  to read:
  182         163.5035 Safe Neighborhood improvement districts;
  183  compliance with special district provisions.—Any special
  184  district created pursuant to this part shall comply with all
  185  applicable provisions contained in chapter 189. In cases where a
  186  provision contained in this part conflicts with a provision in
  187  chapter 189, the provision in chapter 189 shall prevail.
  188         Section 5. Section 163.504, Florida Statutes, is amended to
  189  read:
  190         163.504 Safe Neighborhood improvement districts; planning
  191  funds.—
  192         (1) The governing body of any municipality or county may
  193  authorize the formation of safe neighborhood improvement
  194  districts through the adoption of an a planning ordinance that
  195  which specifies that such districts may be created by one or
  196  more of the methods established in ss. 163.506, 163.508,
  197  163.511, and 163.512. A No district may not overlap the
  198  jurisdictional boundaries of a municipality and the
  199  unincorporated area of a county, unless approved except by
  200  interlocal agreement.
  201         (2) If the governing body of a municipality or county
  202  elects to create a safe neighborhood improvement district, it
  203  shall be eligible to request a grant from the Safe Neighborhoods
  204  Program, created pursuant to s. 163.517 and administered by the
  205  Department of Legal Affairs, to prepare a safe neighborhood
  206  improvement plan for the district.
  207         (3) Municipalities and counties may implement the
  208  provisions of this section without planning funds from the
  209  Department of Legal Affairs. However, nothing in this section
  210  shall be construed to exempt any district from the requirements
  211  of providing a safe neighborhood improvement plan pursuant to s.
  212  163.516.
  213         Section 6. Section 163.5055, Florida Statutes, is amended
  214  to read:
  215         163.5055 Notice Registration of district establishment;
  216  notice of dissolution.—
  217         (1)(a) Each neighborhood improvement district authorized
  218  and established under this part shall within 30 days thereof
  219  notify register with both the Department of Community Affairs
  220  and the Department of Legal Affairs by providing these
  221  departments with the district’s name, location, size, and type,
  222  and such other information as the departments may request
  223  require.
  224         (2)(b) Each local governing body that which authorizes the
  225  dissolution of a district shall notify both the Department of
  226  Community Affairs and the Department of Legal Affairs within 30
  227  days after the dissolution of the district.
  228         (2) This section shall apply to all neighborhood
  229  improvement districts established on or after July 1, 1987.
  230         Section 7. Section 163.506, Florida Statutes, is amended to
  231  read:
  232         163.506 Local government neighborhood improvement
  233  districts; creation; advisory council; dissolution.—
  234         (1) After an a local planning ordinance has been adopted
  235  authorizing the creation of local government neighborhood
  236  improvement districts, the local governing body of a
  237  municipality or county may create local government neighborhood
  238  improvement districts by the enactment of a separate ordinance
  239  for each district, which ordinance:
  240         (a) Specifies the boundaries, size, and name of the
  241  district.
  242         (b) Authorizes the district to receive grants a planning
  243  grant from the department.
  244         (c) Authorizes the local government neighborhood
  245  improvement district to levy an ad valorem tax on real and
  246  personal property of up to 2 mills annually.
  247         (d) Authorizes the use of special assessments to support
  248  planning and implementation of district improvements pursuant to
  249  the provisions of s. 163.514(16), if the district is a
  250  residential local government neighborhood improvement district
  251  including community policing innovations.
  252         (e) Designates the local governing body as the board of
  253  directors of the district.
  254         (f) Establishes an advisory council to the board of
  255  directors comprised of property owners, representatives of
  256  property owners, business owners, or residents of the district.
  257         (g) May prohibit the use of any district power authorized
  258  by s. 163.514.
  259         (h) Requires the district to notify the Department of Legal
  260  Affairs and the Department of Community Affairs in writing of
  261  its establishment within 30 days thereof pursuant to s.
  262  163.5055.
  263         (i) Authorizes the district to borrow money, contract
  264  loans, and issue bonds, certificates, warrants, notes, or other
  265  evidence of indebtedness from time to time to finance the
  266  undertaking of any capital or other project for the purposes
  267  permitted by the State Constitution and this part and may pledge
  268  the funds, credit, property, and taxing power of the improvement
  269  district for the payment of such debts and bonds.
  270         1. Bonds issued under this part shall be authorized by
  271  resolution of the governing board of the district and, if
  272  required by the State Constitution, by affirmative vote of the
  273  electors of the district. Such bonds may be issued in one or
  274  more series and shall bear such date or dates, be payable upon
  275  demand or mature at such time or times, bear interest at such
  276  rate or rates, be in such denomination or denominations, be in
  277  such form, registered or not, with or without coupon, carry such
  278  conversion or registration privileges, have such rank or
  279  priority, be executed in such manner, be payable in such medium
  280  of payment, at such place or places, and subject to such terms
  281  of redemption, with or without premium, be secured in such
  282  manner, and have such other characteristics as may be provided
  283  by such resolution or trust indenture or mortgage issued
  284  pursuant thereto.
  285         2.The governing body of the district shall determine the
  286  terms and manner of sale and distribution or other disposition
  287  of any and all bonds it may issue, consistent with s. 218.385,
  288  and shall have any and all powers necessary and convenient to
  289  such disposition.
  290         3.The governing body of the district may establish and
  291  administer such sinking funds as it deems necessary or
  292  convenient for the payment, purchase, or redemption of any
  293  outstanding bonded indebtedness of the district.
  294         4. The governing body of the improvement district may levy
  295  ad valorem taxes upon real and tangible personal property within
  296  the district as it deems necessary to make payment, including
  297  principal and interest, upon the general obligation and ad
  298  valorem bonded indebtedness of the district or into any sinking
  299  fund created pursuant to this part.
  300         5.This part shall be full authority for the issuance of
  301  bonds authorized herein.
  302         (j) Authorizes the district to make and collect special
  303  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  304  capital improvements within the district and for reasonable
  305  expenses of operating the district, including the payment of
  306  expenses included in the district’s budget, if the district is a
  307  commercial local government neighborhood improvement district.
  308  Such assessments may not exceed $1,500 for each individual
  309  parcel of land per year.
  310         (k)Authorizes the district to charge, collect, and enforce
  311  fees and other user charges.
  312         (2) The advisory council shall perform such duties as may
  313  be prescribed by the governing body and shall submit within the
  314  time period specified by the governing body, acting as the board
  315  of directors, a report on the district’s activities and a
  316  proposed budget to accomplish its objectives. In formulating a
  317  plan for services or improvements the advisory board shall
  318  consult in public session with the appropriate staff or
  319  consultants of the local governing body responsible for the
  320  district’s plan.
  321         (3) As an alternative to designating the local governing
  322  body as the board of directors, a majority of the local
  323  governing body of a city or county may appoint a board of three
  324  to seven directors for the district who shall be residents of
  325  the proposed area and who are subject to ad valorem taxation in
  326  the residential neighborhood improvement district or who are
  327  property owners in a commercial neighborhood improvement
  328  district. The directors shall be appointed for staggered terms
  329  of 3 years. The initial appointments shall be as follows: one
  330  director for a 1-year term; one director for a 2-year term; and
  331  one director for a 3-year term. If more than three directors are
  332  to be appointed, the additional members shall initially be
  333  appointed for 3-year terms. Vacancies shall be filled for the
  334  unexpired portion of a term in the same manner as the initial
  335  appointments were made. Each director shall hold office until
  336  his or her successor is appointed and qualified unless the
  337  director ceases to be qualified or is removed from office. Upon
  338  appointment and qualification and in January of each year, the
  339  directors shall organize by electing from their number a chair
  340  and a secretary.
  341         (3)(4) A district may be dissolved by the governing body by
  342  rescinding the ordinance creating the district. The governing
  343  body may rescind shall consider rescinding the ordinance if
  344  presented with a petition requesting that it be rescinded.
  345  Petitions related to a residential neighborhood improvement
  346  district must contain containing the signatures of 60 percent of
  347  the residents. Petitions related to a commercial neighborhood
  348  improvement district must contain signatures representing owners
  349  of 60 percent of the land area of the of a district.
  350         Section 8. Section 163.508, Florida Statutes, is amended to
  351  read:
  352         163.508 Property owners’ association neighborhood
  353  improvement districts; creation; powers and duties; duration.—
  354         (1) After an a local planning ordinance has been adopted
  355  authorizing the creation of property owners’ association
  356  neighborhood improvement districts, the local governing body of
  357  a municipality or county may create property owners’ association
  358  neighborhood improvement districts by the enactment of a
  359  separate ordinance for each district, which ordinance:
  360         (a) Establishes that an incorporated property owners’
  361  association representing 75 percent of all owners of property
  362  within a proposed district meeting the requirements of this
  363  section has petitioned the governing body of the municipality or
  364  county for creation of a district for the area encompassed by
  365  the property owned by members of the association.
  366         (b) Specifies the boundaries, size, and name of the
  367  district.
  368         (c) Authorizes the governing body through mutual agreement
  369  with the property owners’ association to:
  370         1. Request grants a matching grant from the state’s Safe
  371  Neighborhoods Program to prepare the first year’s safe
  372  neighborhood improvement plan. The provider of the local match
  373  for the state grant shall be mutually agreed upon between the
  374  governing body and the property owners’ association. The
  375  governing body may agree to provide the match as a no-interest
  376  bearing loan to be paid back from assessments imposed by the
  377  association on its members or shareholders.
  378         2. Provide staff and other technical assistance to the
  379  property owners’ association on a mutually agreed-upon basis,
  380  contractual or otherwise.
  381         3. Prepare the first year’s safe neighborhood improvement
  382  plan, which shall comply with and be consistent with the
  383  governing body’s adopted comprehensive plan.
  384         (d) Provides for an audit of the property owners’
  385  association.
  386         (e) Designates the officers of the incorporated property
  387  owners’ association as the board of directors of the district.
  388         (f) May prohibit the use of any district power authorized
  389  by s. 163.514.
  390         (g) Requires the district to notify the Department of Legal
  391  Affairs and the Department of Community Affairs in writing of
  392  its establishment within 30 days thereof pursuant to s.
  393  163.5055.
  394         (2) In order to qualify for the creation of a neighborhood
  395  improvement district, the property owners shall form an
  396  association in compliance with this section, or use an existing
  397  property owners’ association in compliance with this section,
  398  which shall be a corporation, for profit or not for profit. At
  399  least, and of which not less than 75 percent of all property
  400  owners within the proposed area must consent have consented in
  401  writing to become members or shareholders. Upon such consent by
  402  75 percent of the property owners in the proposed district, all
  403  consenting property owners and their successors shall become
  404  members of the association and shall be bound by the provisions
  405  of the articles of incorporation, the bylaws of the association,
  406  the covenants, the deed restrictions, the indentures, and any
  407  other properly promulgated restrictions. The association shall
  408  have no member or shareholder who is not a bona fide owner of
  409  property within the proposed district. Upon receipt of its
  410  certificate of incorporation, the property owners’ association
  411  shall notify the clerk of the city or county court, whichever is
  412  appropriate, in writing, of such incorporation and shall list
  413  the names and addresses of the officers of the association.
  414         (3) Any incorporated property owners’ association operating
  415  pursuant to this part has shall have the power:
  416         (a) To negotiate with the governing body of a municipality
  417  or county for closing, privatizing, or modifying the rights-of
  418  way, and appurtenances thereto, within the district.
  419         (b) To use utilize various legal instruments such as
  420  covenants, deed restrictions, and indentures to preserve and
  421  maintain the integrity of property, land, and rights-of-way
  422  owned and conveyed to it within the district.
  423         (c) To make and collect assessments against all property
  424  within the boundaries of the district pursuant to the provisions
  425  of s. 163.514(16) and to lease, maintain, repair, and
  426  reconstruct any privatized street, land, or common area within
  427  the district upon dedication thereof to the association.
  428         (d) Without the joinder of any property owner, to modify,
  429  move, or create any easement for ingress and egress or for the
  430  purpose of utilities, if such easement constitutes part of or
  431  crosses district property. However, this does shall not
  432  authorize the association to modify or move any easement that
  433  which is created in whole or in part for the use or benefit of
  434  anyone other than association members, or which crosses the
  435  property of anyone other than association members, without the
  436  consent or approval of such person as required by law or by the
  437  instrument creating the easement. Nothing in this paragraph
  438  shall affect the rights of ingress or egress of any member of
  439  the association.
  440         (4) A property owners’ association neighborhood improvement
  441  district shall continue in perpetuity as long as the property
  442  owners’ association created pursuant to this section exists
  443  under the applicable laws of the state.
  444         Section 9. Subsections (1), (7), (8), and (10) of section
  445  163.511, Florida Statutes, are amended to read:
  446         163.511 Special neighborhood improvement districts;
  447  creation; referendum; board of directors; duration; extension.—
  448         (1) After an a local planning ordinance has been adopted
  449  authorizing the creation of special neighborhood improvement
  450  districts, the governing body of a municipality or county may
  451  declare the need for and create special residential or business
  452  neighborhood improvement districts by the enactment of a
  453  separate ordinance for each district, which ordinance:
  454         (a) Conditions the implementation of the ordinance on the
  455  approval of a referendum as provided in subsection (2).
  456         (b) Authorizes the special neighborhood improvement
  457  district to levy an ad valorem tax on real and personal property
  458  of up to 2 mills annually.
  459         (c) Authorizes the use of special assessments to support
  460  planning and implementation of district improvements pursuant to
  461  the provisions of s. 163.514(16), including community policing
  462  innovations.
  463         (d) Specifies the boundaries, size, and name of the
  464  district.
  465         (e) Authorizes the district to receive a planning grant
  466  from the department.
  467         (f) Provides for the appointment of a 3-member board of
  468  directors for the district.
  469         (g) May authorize a special neighborhood improvement
  470  district to exercise the power of eminent domain pursuant to
  471  chapters 73 and 74. Any property identified for eminent domain
  472  by the district shall be subject to the approval of the local
  473  governing body before eminent domain procedures are exercised.
  474         (h) May prohibit the use of any district power authorized
  475  by s. 163.514.
  476         (i) Requires the district to notify the Department of Legal
  477  Affairs and the Department of Community Affairs in writing of
  478  its establishment within 30 days thereof pursuant to s.
  479  163.5055.
  480         (j) May authorize a special neighborhood improvement
  481  district to develop and implement community policing innovations
  482  in consultation with the local law enforcement agency having
  483  jurisdiction within the district boundaries.
  484         (7) The business and affairs of a special neighborhood
  485  improvement district shall be conducted and administered by a
  486  board of three directors who shall be residents of or property
  487  owners within the proposed area and who are subject to ad
  488  valorem taxation in the district. Upon their initial appointment
  489  and qualification and in January of each year thereafter, the
  490  directors shall organize by electing from their number a chair
  491  and a secretary, and may also employ staff and legal
  492  representatives as deemed appropriate, who shall serve at the
  493  pleasure of the board and may receive such compensation as shall
  494  be fixed by the board. The secretary shall keep a record of the
  495  proceedings of the district and shall be custodian of all books
  496  and records of the district. The directors may shall not receive
  497  any compensation for their services, nor may they be employed by
  498  the district.
  499         (8) Within 30 days of the approval of the creation of a
  500  special neighborhood improvement district, if the district is in
  501  a municipality, a majority of the governing body of the
  502  municipality, or if the district is in the unincorporated area
  503  of the county, a majority of the county commission, shall
  504  appoint the three directors provided for herein for staggered
  505  terms of 3 years. The initial appointments shall be as follows:
  506  one for a 1-year term, one for a 2-year term, and one for a 3
  507  year term. Each director shall hold office until his or her
  508  successor is appointed and qualified unless the director ceases
  509  to be qualified to act as a director or is removed from office.
  510  Vacancies on the board shall be filled for the unexpired portion
  511  of a term in the same manner as the initial appointments were
  512  made.
  513         (10) The governing body of a municipality or county may
  514  remove a director for inefficiency, neglect of duty, or
  515  misconduct in office only after a hearing and only if he or she
  516  has been given a copy of the charges at least 10 days prior to
  517  such hearing and has had an opportunity to be heard in person or
  518  by counsel. A vacancy so created shall be filled as provided
  519  herein.
  520         Section 10. Section 163.512, Florida Statutes, is amended
  521  to read:
  522         163.512 Community redevelopment neighborhood improvement
  523  districts; creation; advisory council; dissolution.—
  524         (1) Upon the recommendation of the community redevelopment
  525  agency and after an a local planning ordinance has been adopted
  526  authorizing the creation of community redevelopment neighborhood
  527  improvement districts, the local governing body of a
  528  municipality or county may create community redevelopment
  529  neighborhood improvement districts by the enactment of a
  530  separate ordinance for each district, which ordinance:
  531         (a) Specifies the boundaries, size, and name of the
  532  district.
  533         (b) Authorizes the district to receive grants a planning
  534  grant from the department.
  535         (c) Authorizes the use of the community redevelopment trust
  536  fund created pursuant to s. 163.387 for the purposes of
  537  implementing the district’s safe neighborhood improvement plan
  538  and furthering crime prevention through community policing
  539  innovations, environmental design, environmental security, and
  540  defensible space techniques, if the expenditures from the
  541  community redevelopment trust fund are consistent with the
  542  community redevelopment plan created pursuant to s. 163.360.
  543         (d) Designates the community redevelopment board of
  544  commissioners established pursuant to s. 163.356 or s. 163.357
  545  as the board of directors for the district.
  546         (e) Establishes an advisory council to the board of
  547  directors comprised of property owners or residents of the
  548  district.
  549         (f) May prohibit the use of any district power authorized
  550  by s. 163.514.
  551         (g) Requires that the district’s safe neighborhood
  552  improvement plan be consistent with the community redevelopment
  553  plan created pursuant to s. 163.360, and permits the safe
  554  neighborhood improvement plan to be included in the community
  555  redevelopment plan as an optional element.
  556         (h) Requires that the boundaries of the community
  557  redevelopment district be contained in whole within the
  558  community redevelopment area established pursuant to ss. 163.355
  559  and 163.356.
  560         (i) Requires the district to notify the Department of Legal
  561  Affairs and the Department of Community Affairs in writing of
  562  its establishment within 30 days thereof pursuant to s.
  563  163.5055.
  564         (2) The advisory council shall perform such duties as may
  565  be prescribed by the community redevelopment board established
  566  pursuant to s. 163.356 and shall submit within the time period
  567  specified by the board of directors a report on the district’s
  568  activities and a proposed budget to accomplish its objectives.
  569  In formulating a plan for services or improvements, the advisory
  570  council shall consult in public session with the appropriate
  571  staff or consultants of the community redevelopment board
  572  responsible for the district’s plan.
  573         (3) A district may be dissolved by the local governing body
  574  by rescinding the ordinance creating the district. The governing
  575  body may rescind shall consider rescinding the ordinance if
  576  presented with a petition containing the signatures of 60
  577  percent of the residents of a district.
  578         Section 11. Section 163.513, Florida Statutes, is repealed.
  579         Section 12. Section 163.514, Florida Statutes, is amended
  580  to read:
  581         163.514 Powers of neighborhood improvement districts.
  582  Unless prohibited by ordinance, the board of any district is
  583  shall be empowered to:
  584         (1) Enter into contracts and agreements and sue and be sued
  585  as a body corporate.
  586         (2) Have and use a corporate seal.
  587         (3) Acquire, own, convey, or otherwise dispose of, lease as
  588  lessor or lessee, construct, maintain, improve, enlarge, raze,
  589  relocate, operate, and manage property and facilities of
  590  whatever type to which it holds title and grant and acquire
  591  licenses, easements, and options with respect thereto.
  592         (4) Accept grants and donations of any type of property,
  593  labor, or other thing of value from any public or private
  594  source.
  595         (5) Have exclusive control of funds legally available to
  596  it, subject to limitations imposed by law or by any agreement
  597  validly entered into by it.
  598         (6) Cooperate and contract with other governmental agencies
  599  or other public bodies.
  600         (7) Contract for services of planners, engineers,
  601  attorneys, and other planning consultants, experts on crime
  602  prevention through community policing innovations, environmental
  603  design, environmental security, or defensible space, or other
  604  experts in areas pertaining to the operations of the board of
  605  directors or the district.
  606         (8) Contract with the county or municipal government for
  607  planning assistance, legal advice, and for increased levels of
  608  law enforcement protection and security, including additional
  609  personnel.
  610         (9) Promote and advertise the commercial advantages of the
  611  district so as to attract new businesses and encourage the
  612  expansion of existing businesses.
  613         (10) Promote and advertise the district to the public and
  614  engage in cooperative advertising programs with businesses
  615  located in the district.
  616         (11) Improve, plan, design, construct, operate, provide,
  617  and maintain street lighting, parks, streets, drainage,
  618  utilities, swales, parking facilities, transit, landscaping, and
  619  open areas, and provide safe access to mass transportation
  620  facilities in the district.
  621         (12) Undertake innovative approaches to securing
  622  neighborhoods from crime, such as crime prevention through
  623  community policing innovations, environmental design,
  624  environmental security, and defensible space.
  625         (13) Privatize, close, vacate, plan, or replan streets,
  626  roads, sidewalks, and alleys, subject to the concurrence of the
  627  local governing body and, if required, the state Department of
  628  Transportation.
  629         (14) Prepare, adopt, implement, and modify a safe
  630  neighborhood improvement plan for the district.
  631         (15) Identify areas with blighted influences, including,
  632  but not limited to, areas where unlawful urban dumping or
  633  graffiti are prevalent, and develop programs for eradication
  634  thereof.
  635         (16)(a) Subject to referendum approval, and for special,
  636  community redevelopment, and property owners’ association
  637  neighborhood improvement districts only, make and collect
  638  special assessments pursuant to ss. 197.3632 and 197.3635 to pay
  639  for improvements to the district and for reasonable expenses of
  640  operating the district, including the payment of expenses
  641  included in the district’s budget, subject to an affirmative
  642  vote by a majority of the registered voters residing in the
  643  district. Such assessments shall not exceed $500 for each
  644  individual parcel of land per year. Notwithstanding the
  645  provisions of s. 101.6102, the referendum to approve the special
  646  assessment shall be by mail ballot.
  647         (b) In order to implement this subsection, the city clerk
  648  or the supervisor of elections, whichever is appropriate, shall
  649  compile a list of the names and last known addresses of the
  650  electors in the neighborhood improvement district from the list
  651  of registered voters of the county as of the last day of the
  652  preceding month. The same shall constitute the registration list
  653  for the purposes of a referendum. Within 45 days after
  654  compilation of the voter registration list, the city clerk or
  655  the supervisor of elections shall notify each elector of the
  656  general provisions of this section, including the taxing
  657  authority and the date of the upcoming referendum. Notification
  658  shall be by United States mail and, in addition thereto, by
  659  publication one time in a newspaper of general circulation in
  660  the county or municipality in which the district is located.
  661         (c) Any resident of the district whose name does not appear
  662  on the list compiled pursuant to paragraph (b) may register to
  663  vote as provided by law. The registration list shall remain open
  664  for 75 days after the notification required in paragraph (b).
  665         (d) Within 15 days after the closing of registration, the
  666  city clerk or the supervisor of elections shall send a ballot to
  667  each elector at his or her last known mailing address by first
  668  class United States mail. The ballot shall include:
  669         1. A description of the general provisions of this section
  670  applicable to the neighborhood improvement district; and
  671         2. Immediately following said information, the following:
  672  
  673         “Do you favor the imposition of a special assessment
  674         of not greater than $500 for each individual parcel of
  675         land per year to pay for the expenses of operating the
  676         neighborhood improvement district?
  677  
  678         ....Yes, for the special assessment.
  679  
  680         ....No, against the special assessment.”
  681  
  682         (e) Ballots shall be returned by United States mail or by
  683  personal delivery.
  684         (f) All ballots received within 60 days after the closing
  685  of registration shall be tabulated by the city clerk or the
  686  supervisor of elections, who shall certify the results thereof
  687  to the city governing body or county commission no later than 5
  688  days after said 60-day period.
  689         (17) Exercise all lawful powers incidental to the effective
  690  and expedient exercise of the foregoing powers.
  691         Section 13. Subsections (3) and (4) of section 163.5151,
  692  Florida Statutes, are amended to read:
  693         163.5151 Fiscal management; budget preparation.—
  694         (3) Each local government and special neighborhood
  695  improvement district levying an ad valorem tax on real or
  696  personal property shall establish its budget pursuant to the
  697  provisions of chapter 200. Before adopting Prior to adoption of
  698  the final budget and setting of the millage rate to be levied by
  699  the board, the board shall submit a tentative budget and
  700  proposed millage rate of the district to the governing body of
  701  the municipality in which the district is located, or to the
  702  county if the district is located in the unincorporated portion
  703  of the county, for approval or disapproval. Such governing body
  704  shall have the power to modify the budget or millage submitted
  705  by the board. Subsequent to approval, the board shall adopt its
  706  final budget and millage rate in accordance with the
  707  requirements of chapter 200.
  708         (4) At the option of the county property appraiser for the
  709  county within which the neighborhood improvement district is
  710  located, the assessments levied by the district may shall be
  711  collected in the same manner as all ad valorem taxes if so
  712  requested by the local governing body pursuant to s. 197.363.
  713         Section 14. Section 163.516, Florida Statutes, is amended
  714  to read:
  715         163.516 Safe Neighborhood improvement plans.—
  716         (1) A safe neighborhood improvement plan is mandated for
  717  all neighborhood improvement districts. The plan must shall
  718  contain at least the following elements:
  719         (a) Demographics of the district.
  720         (b) Crime activity data and analysis.
  721         (b)(c) Land use, zoning, housing, and traffic analysis.
  722         (d) Determination of the problems of the crime-to
  723  environment relationship and the stability of the neighborhood
  724  improvement district.
  725         (c)(e) Statement of the district’s goal and objectives.
  726         (f) Assessment of crime prevention through community
  727  policing innovations, environmental design, environmental
  728  security, and defensible space strategies and tactics that will
  729  be applied to the crime-to-environment relationship problems.
  730         (g) Cost estimates and the methods of financing.
  731         (h) Outline of program participants and their functions and
  732  responsibilities.
  733         (i) Schedule for executing program activities.
  734         (j) Evaluation guidelines.
  735         (2) Every safe neighborhood improvement plan must shall
  736  show, by diagram and by general explanation:
  737         (a) Such property as is intended for use as public parks,
  738  recreation areas, streets, public utilities, and public
  739  improvements of any nature.
  740         (b) Specific identification of any publicly funded capital
  741  improvement projects to be undertaken within the district.
  742         (c) Adequate assurances that the improvements will be
  743  carried out pursuant to the plan.
  744         (d) Provision for the retention of controls and the
  745  establishment of any restrictions or covenants running with land
  746  sold or leased for private use for such periods of time and
  747  under such conditions as the governing body of the municipality
  748  in which the district is located, or the county if the district
  749  is located in the unincorporated portion of the county, deems
  750  necessary to effectuate the purposes of this part.
  751         (c)(e) Projected costs of improvements, including the
  752  amount to be expended on publicly funded capital improvement
  753  projects in the district and any indebtedness of the district,
  754  the county, or the municipality proposed to be incurred if such
  755  indebtedness is to be repaid with district revenues.
  756         (f) Promotion of advertising programs to be undertaken by
  757  the district or in conjunction with businesses in the district.
  758         (g) Suggested physical improvements necessary for the
  759  safety of residents in or visitors to the district.
  760         (h) Law enforcement and security plans for the district.
  761         (3) The safe neighborhood improvement plan must shall:
  762         (a) Be consistent with the adopted comprehensive plan for
  763  the county or municipality pursuant to the Local Government
  764  Comprehensive Planning and Land Development Regulation Act. No
  765  district plan shall be implemented unless the local governing
  766  body has determined said plan is consistent.
  767         (b) Be sufficiently complete to indicate such land
  768  acquisition, demolition and removal of structures, street
  769  modifications, redevelopment, and rehabilitation as may be
  770  proposed to be carried out in the district.
  771         (c) Provide some method for and measurement of the
  772  reduction of crime within the district.
  773         (4) The county, municipality, or district may prepare or
  774  cause to be prepared a safe neighborhood improvement plan, or
  775  any person or agency, public or private, may submit such a plan
  776  to a district. Prior to its consideration of a safe neighborhood
  777  improvement plan, the district shall submit such plan to the
  778  local governing body for review and written approval as to its
  779  consistency with the local government comprehensive plan. The
  780  district must be notified of approval or disapproval within 60
  781  days after receipt of the plan for review, and a revised version
  782  of the plan may be submitted to satisfy any inconsistencies. The
  783  district may not proceed with the safe neighborhood improvement
  784  plan until final approval is given by the local governing body.
  785         (4)(5) Prior to adoption of the safe neighborhood
  786  improvement plan, the board shall hold a public hearing on the
  787  plan after public notice thereof by publication in a newspaper
  788  of general circulation in the county or municipality in which
  789  the district is located. The notice shall describe the time,
  790  date, place, and purpose of the hearing; identify the boundaries
  791  of the district; and outline the general scope of the plan.
  792         (5)(6) The board, after the public hearing, may approve the
  793  safe neighborhood improvement plan if it finds:
  794         (a) The plan has been approved as consistent with the local
  795  comprehensive plan by the local governing body; and
  796         (b) The plan will improve the promotion, appearance,
  797  safety, security, and public amenities of the neighborhood
  798  improvement district as stipulated in s. 163.502.
  799         (6)(7) If, at any time after approval of the safe
  800  neighborhood improvement plan, it becomes desirable to amend or
  801  modify the plan, the board may do so. Prior to any such
  802  amendment or modification, the board shall obtain written
  803  approval of the local governing body concerning conformity to
  804  the local government comprehensive plan and hold a public
  805  hearing on the proposed amendment or modification after public
  806  notice thereof by publication in a newspaper of general
  807  circulation in the county or municipality in which the district
  808  is located. The notice shall describe the time, place, and
  809  purpose of the hearing and generally describe the proposed
  810  amendment or modification.
  811         (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
  812  governing body of a municipality or county shall hold two public
  813  hearings to consider the board-adopted safe neighborhood
  814  improvement plan as an amendment or modification to the
  815  municipality’s or county’s adopted local comprehensive plan.
  816         (9) A safe neighborhood improvement plan for each district
  817  shall be prepared and adopted by the municipality or county
  818  prior to the levy and expenditure of any of the proceeds of any
  819  tax assessment or fee authorized to such districts other than
  820  for the preparation of the safe community or business
  821  improvement plan.
  822         Section 15. Section 163.517, Florida Statutes, is repealed.
  823         Section 16. Section 163.519, Florida Statutes, is repealed.
  824         Section 17. Section 163.521, Florida Statutes, is repealed.
  825         Section 18. Section 163.5215, Florida Statutes, is
  826  repealed.
  827         Section 19. Section 163.522, Florida Statutes, is repealed.
  828         Section 20. Section 163.523, Florida Statutes, is repealed.
  829         Section 21. Section 163.524, Florida Statutes, is repealed.
  830         Section 22. Section 163.526, Florida Statutes, is repealed.
  831         Section 23. This act shall take effect July 1, 2011.