Florida Senate - 2011                             CS for SB 1010
       
       
       
       By the Committee on Judiciary; and Senator Simmons
       
       
       
       
       590-04473-11                                          20111010c1
    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; conditioning the exercise of power by the
   34         local government neighborhood improvement district to
   35         borrow money, issue bonds, collect special
   36         assessments, and to levy ad valorem taxes upon real
   37         and tangible personal property within the district
   38         upon the approval of a referendum by the freeholders
   39         of the district; removing provisions allowing an
   40         alternative organization for the board of directors;
   41         amending s. 163.508, F.S., relating to property
   42         owners’ association neighborhood improvement
   43         districts; revising the requirements for creating a
   44         property owners’ association neighborhood improvement
   45         district by the enactment of a separate ordinance for
   46         each district; authorizing the governing body to
   47         request grants from the state; amending s. 163.511,
   48         F.S., relating to special neighborhood improvement
   49         districts; revising provisions to conform to changes
   50         made by the act; revising the method of appointing and
   51         removing directors of the district; amending s.
   52         163.512, F.S.; revising provisions authorizing a
   53         municipality or county to create a community
   54         redevelopment neighborhood improvement district;
   55         authorizing the district to receive grants and other
   56         funding; providing that the local governing body may
   57         dissolve the district under certain circumstances;
   58         repealing s. 163.513, F.S., relating to crime
   59         prevention through community policing innovations;
   60         amending s. 163.514, F.S.; specifying the powers of
   61         neighborhood improvement districts; allowing the
   62         district to contract with legal counsel and other
   63         needed professionals; authorizing the districts to
   64         collect special assessments under certain
   65         circumstances and following designated procedures;
   66         amending s. 163.5151, F.S.; requiring a local
   67         government to prepare its budget in a specified manner
   68         if levying an ad valorem tax on real or personal
   69         property; amending s. 163.516, F.S.; requiring
   70         neighborhood improvement plans to be created for each
   71         improvement district; specifying the contents of the
   72         neighborhood improvement district’s plan; repealing s.
   73         163.517, F.S., relating to the safe neighborhoods
   74         program; repealing s. 163.519, F.S., relating to the
   75         duties of the Department of Legal Affairs; repealing
   76         s. 163.521, F.S., relating to the neighborhood
   77         improvement district inside an enterprise zone;
   78         repealing s. 163.5215, F.S., relating to the effect
   79         and construction of the existing laws; repealing s.
   80         163.522, F.S., relating to state redevelopment
   81         programs; repealing s. 163.523, F.S., relating to safe
   82         neighborhood districts; repealing s. 163.524, F.S.,
   83         relating to the Neighborhood Preservation and
   84         Enhancement Program; repealing s. 163.526, F.S.,
   85         relating to Neighborhood Councils and the local
   86         government designated agency; providing an effective
   87         date.
   88  
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. 163.501 Short title.—This part may be cited as
   92  the “Safe Neighborhoods Improvement Act.”
   93         Section 2. Section 163.502, Florida Statutes, is amended to
   94  read:
   95         163.502 Safe Neighborhoods improvement; legislative
   96  findings and purpose.—
   97         (1) The Legislature hereby finds and declares that among
   98  the many causes of deterioration in the business and residential
   99  neighborhoods of the state are the following: proliferation of
  100  crime, automobile traffic flow strangled by outmoded street
  101  patterns, unsuitable topography, faulty lot layouts,
  102  fragmentation of land uses and parking areas necessitating
  103  frequent automobile movement, lack of separation of pedestrian
  104  areas from automobile traffic, lack of separation of vehicle
  105  traffic lanes and railroad traffic, and excessive noise levels
  106  from automobile traffic, and lack of adequate public
  107  improvements such as streets, street lights, street furniture,
  108  street landscaping, sidewalks, traffic signals, way-finding
  109  signs, mass transit, stormwater systems, and other public
  110  utilities and improvements.
  111         (2) The Legislature further finds and declares that healthy
  112  and vibrant safe neighborhoods are the product of planning and
  113  implementation of appropriate environmental design concepts,
  114  comprehensive planning crime prevention programs, land use
  115  recommendations, and beautification techniques.
  116         (3) The Legislature further finds and declares that the
  117  provisions of this part and the powers granted to local
  118  governments, property owners’ associations, special dependent
  119  districts, and community redevelopment neighborhood improvement
  120  districts are desirable to guide and accomplish the coordinated,
  121  balanced, and harmonious development of healthy and vibrant safe
  122  neighborhoods; to promote the health, safety, and general
  123  welfare of these areas and their inhabitants, visitors, property
  124  owners, and workers; to establish, maintain, and preserve
  125  property values and preserve and foster the development of
  126  attractive neighborhood and business environments; to prevent
  127  overcrowding and congestion; and to improve or redirect
  128  automobile traffic and provide pedestrian safety; to reduce
  129  crime rates and the opportunities for the commission of crime;
  130  and to provide improvements in neighborhoods so they are
  131  defensible against crime.
  132         (4) It is the intent of the Legislature to assist local
  133  governments in implementing plans that improve the employ crime
  134  prevention through community policing innovations, environmental
  135  design, environmental security, and defensible space techniques
  136  to establish safe neighborhoods of this state. The Legislature,
  137  therefore, declares that the development, redevelopment,
  138  preservation, and revitalization of neighborhoods in this state,
  139  and all the purposes of this part, are public purposes for which
  140  public money may be borrowed, expended, loaned, and granted.
  141         Section 3. Section 163.503, Florida Statutes, is amended to
  142  read:
  143         163.503 Safe neighborhoods; Definitions.—
  144         (1) “Safe Neighborhood improvement district,” “district,”
  145  or “neighborhood improvement district” means a district located
  146  in an area in which more than 75 percent of the land is used for
  147  residential purposes, or in an area in which more than 75
  148  percent of the land is used for commercial, office, business, or
  149  industrial purposes, excluding the land area used for public
  150  facilities, and where there is a plan to reduce crime through
  151  the implementation of crime prevention through environmental
  152  design, environmental security, or defensible space techniques,
  153  or through community policing innovations. Nothing in This
  154  section does not shall preclude the inclusion of public land in
  155  a neighborhood improvement district although the amount of land
  156  used for public facilities is excluded from the land use acreage
  157  calculations.
  158         (2) “Association” means a property owners’ association
  159  which is incorporated for the purpose of creating and operating
  160  a neighborhood improvement district.
  161         (3) “Department” means the Department of Legal Affairs.
  162         (4) “Board” means the board of directors of a neighborhood
  163  improvement district, which may be the governing body of a
  164  municipality or county or the officers of a property owners’
  165  association or the board of directors of a special neighborhood
  166  improvement district or community redevelopment neighborhood
  167  improvement district.
  168         (5) “Environmental security” means an urban planning and
  169  design process which integrates crime prevention with
  170  neighborhood design and community development.
  171         (6) “Crime prevention through environmental design” means
  172  the planned use of environmental design concepts such as natural
  173  access control, natural surveillance, and territorial
  174  reinforcement in a neighborhood or community setting which is
  175  designed to reduce criminal opportunity and foster positive
  176  social interaction among the legitimate users of that setting.
  177         (7) “Defensible space” means an architectural perspective
  178  on crime prevention through physical design of the environment
  179  to create the ability to monitor and control the environment
  180  along individual perceived zones of territorial influence that
  181  result in a proprietary interest and a felt responsibility.
  182         (8) “Enterprise zone” means an area designated pursuant to
  183  s. 290.0065.
  184         (9) “Community policing innovation” means techniques or
  185  strategies as defined by s. 163.340.
  186         Section 4. Section 163.5035, Florida Statutes, is amended
  187  to read:
  188         163.5035 Safe Neighborhood improvement districts;
  189  compliance with special district provisions.—Any special
  190  district created pursuant to this part shall comply with all
  191  applicable provisions contained in chapter 189. In cases where a
  192  provision contained in this part conflicts with a provision in
  193  chapter 189, the provision in chapter 189 shall prevail.
  194         Section 5. Section 163.504, Florida Statutes, is amended to
  195  read:
  196         163.504 Safe Neighborhood improvement districts; planning
  197  funds.—
  198         (1) The governing body of any municipality or county may
  199  authorize the formation of safe neighborhood improvement
  200  districts through the adoption of an a planning ordinance that
  201  which specifies that such districts may be created by one or
  202  more of the methods established in ss. 163.506, 163.508,
  203  163.511, and 163.512. A No district may not overlap the
  204  jurisdictional boundaries of a municipality and the
  205  unincorporated area of a county, unless approved except by
  206  interlocal agreement.
  207         (2) If the governing body of a municipality or county
  208  elects to create a safe neighborhood improvement district, it
  209  shall be eligible to request a grant from the Safe Neighborhoods
  210  Program, created pursuant to s. 163.517 and administered by the
  211  Department of Legal Affairs, to prepare a safe neighborhood
  212  improvement plan for the district.
  213         (3) Municipalities and counties may implement the
  214  provisions of this section without planning funds from the
  215  Department of Legal Affairs. However, nothing in this section
  216  shall be construed to exempt any district from the requirements
  217  of providing a safe neighborhood improvement plan pursuant to s.
  218  163.516.
  219         Section 6. Section 163.5055, Florida Statutes, is amended
  220  to read:
  221         163.5055 Notice Registration of district establishment;
  222  notice of dissolution.—
  223         (1)(a) Each neighborhood improvement district authorized
  224  and established under this part shall within 30 days thereof
  225  notify register with both the Department of Community Affairs
  226  and the Department of Legal Affairs by providing these
  227  departments with the district’s name, location, size, and type,
  228  and such other information as the departments may request
  229  require.
  230         (2)(b) Each local governing body that which authorizes the
  231  dissolution of a district shall notify both the Department of
  232  Community Affairs and the Department of Legal Affairs within 30
  233  days after the dissolution of the district.
  234         (2) This section shall apply to all neighborhood
  235  improvement districts established on or after July 1, 1987.
  236         Section 7. Section 163.506, Florida Statutes, is amended to
  237  read:
  238         163.506 Local government neighborhood improvement
  239  districts; creation; advisory council; dissolution.—
  240         (1) After an a local planning ordinance has been adopted
  241  authorizing the creation of local government neighborhood
  242  improvement districts, the local governing body of a
  243  municipality or county may create local government neighborhood
  244  improvement districts by the enactment of a separate ordinance
  245  for each district, which ordinance:
  246         (a) Specifies the boundaries, size, and name of the
  247  district.
  248         (b) Authorizes the district to receive grants a planning
  249  grant from the department.
  250         (c) Authorizes the local government neighborhood
  251  improvement district to levy an ad valorem tax on real and
  252  personal property of up to 2 mills annually.
  253         (d) Authorizes the use of special assessments to support
  254  planning and implementation of district improvements pursuant to
  255  the provisions of s. 163.514(16), if the district is a
  256  residential local government neighborhood improvement district
  257  including community policing innovations.
  258         (e) Designates the local governing body as the board of
  259  directors of the district.
  260         (f) Establishes an advisory council to the board of
  261  directors comprised of property owners, representatives of
  262  property owners, business owners, or residents of the district.
  263         (g) May prohibit the use of any district power authorized
  264  by s. 163.514.
  265         (h) Requires the district to notify the Department of Legal
  266  Affairs and the Department of Community Affairs in writing of
  267  its establishment within 30 days thereof pursuant to s.
  268  163.5055.
  269         (i) Authorizes the district to borrow money, contract
  270  loans, and issue bonds, certificates, warrants, notes, or other
  271  evidence of indebtedness from time to time to finance the
  272  undertaking of any capital or other project for the purposes
  273  permitted by the State Constitution and this part and may pledge
  274  the funds, credit, property, and taxing power of the improvement
  275  district for the payment of such debts and bonds.
  276         1. Bonds issued under this part shall be authorized by
  277  resolution of the governing board of the district and, if
  278  required by the State Constitution, by affirmative vote of the
  279  electors of the district. Such bonds may be issued in one or
  280  more series and shall bear such date or dates, be payable upon
  281  demand or mature at such time or times, bear interest at such
  282  rate or rates, be in such denomination or denominations, be in
  283  such form, registered or not, with or without coupon, carry such
  284  conversion or registration privileges, have such rank or
  285  priority, be executed in such manner, be payable in such medium
  286  of payment, at such place or places, and subject to such terms
  287  of redemption, with or without premium, be secured in such
  288  manner, and have such other characteristics as may be provided
  289  by such resolution or trust indenture or mortgage issued
  290  pursuant thereto.
  291         2.The governing body of the district shall determine the
  292  terms and manner of sale and distribution or other disposition
  293  of any and all bonds it may issue, consistent with s. 218.385,
  294  and shall have any and all powers necessary and convenient to
  295  such disposition.
  296         3.The governing body of the district may establish and
  297  administer such sinking funds as it deems necessary or
  298  convenient for the payment, purchase, or redemption of any
  299  outstanding bonded indebtedness of the district.
  300         4. The governing body of the improvement district may levy
  301  ad valorem taxes upon real and tangible personal property within
  302  the district as it deems necessary to make payment, including
  303  principal and interest, upon the general obligation and ad
  304  valorem bonded indebtedness of the district or into any sinking
  305  fund created pursuant to this part.
  306         5.This part shall be full authority for the issuance of
  307  bonds authorized herein.
  308         (j) Authorizes the district to make and collect special
  309  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  310  capital improvements within the district and for reasonable
  311  expenses of operating the district, including the payment of
  312  expenses included in the district’s budget, if the district is a
  313  commercial local government neighborhood improvement district.
  314  Such assessments may not exceed $1,500 for each individual
  315  parcel of land per year.
  316         (k)Authorizes the district to charge, collect, and enforce
  317  fees and other user charges.
  318         (l) Conditions the exercise of the powers provided in
  319  paragraphs (c), (i), and (j) on approval pursuant to a
  320  referendum as described in this paragraph.
  321         1. Within 45 days following the date the governing body of
  322  the municipality or county enacts an ordinance pursuant to this
  323  subsection defining the boundaries of the proposed improvement
  324  district, the city clerk or the supervisor of elections,
  325  whichever is appropriate, shall certify such ordinance or
  326  petition and compile a list of the names and last known
  327  addresses of the freeholders in the proposed local government
  328  neighborhood improvement district from the tax assessment roll
  329  of the county applicable as of December 31 in the year preceding
  330  the year in which the ordinance was enacted. Except as otherwise
  331  provided in this paragraph, the list shall constitute the
  332  registration list for the purposes of the freeholders’
  333  referendum required under this paragraph.
  334         2. Within 45 days after compilation of the freeholders’
  335  registration list pursuant to subparagraph 1., the city clerk or
  336  the supervisor of elections shall notify each such freeholder of
  337  the general provisions of this paragraph, including the taxing
  338  authority and the date of the upcoming referendum, and the
  339  method provided for submitting corrections to the registration
  340  list if the status of the freeholder has changed since the
  341  compilation of the tax rolls. Notification shall be by United
  342  States mail and, in addition thereto, by publication one time in
  343  a newspaper of general circulation in the county or municipality
  344  in which the district is located.
  345         3. Any freeholder whose name does not appear on the tax
  346  rolls compiled pursuant to subparagraph 1. may register to vote
  347  with the city clerk or the supervisor of elections. The
  348  registration list shall remain open for 75 days after enactment
  349  of the ordinance defining the local government neighborhood
  350  improvement district.
  351         4. Within 15 days after the closing of the registration
  352  list, the city clerk or the supervisor of elections shall send a
  353  ballot to each registered freeholder at his or her last known
  354  mailing address by first-class United States mail. The ballot
  355  shall include:
  356         a. A description of the general provisions of this
  357  paragraph applicable to local government neighborhood
  358  improvement districts;
  359         b. The assessed value of the freeholder’s property;
  360         c. The percent of the freeholder’s interest in such
  361  property; and
  362         d. Immediately following the information, the following:
  363  
  364         “Do you favor authorizing the .... Local Government
  365         Neighborhood Improvement District to levy up to 2
  366         mills of ad valorem taxes by such proposed district?
  367  
  368         ....Yes, for authorizing the levy of up to 2 mills of
  369         ad valorem taxes by such proposed district.
  370  
  371         ....No, against authorizing the levy of up to 2 mills
  372         of ad valorem taxes by such proposed district.”
  373  
  374         Do you favor authorizing the .... Local Government
  375         Neighborhood Improvement District to borrow money,
  376         including the issuance of bonds, as provided by s.
  377         163.506(1)(i)?
  378  
  379         ....Yes, for authorizing the borrowing of money for
  380         district purposes.
  381  
  382         ....No, against authorizing the borrowing of money for
  383         district purposes.”
  384  
  385         Do you favor authorizing the .... Local Government
  386         Neighborhood Improvement District to impose a special
  387         assessment of not greater than $1,500 for each
  388         individual parcel of land per year to pay for the
  389         expenses of operating the neighborhood improvement
  390         district and for approved capital improvements?
  391  
  392         ....Yes, for the special assessment.
  393  
  394         ....No, against the special assessment.
  395  
  396         5. Ballots shall be returned by United States mail or by
  397  personal delivery.
  398         6. All ballots received within 120 days after enactment of
  399  the ordinance shall be tabulated by the city clerk or the
  400  supervisor of elections, who shall certify the results thereof
  401  to the city council or county commission no later than 5 days
  402  after the 120-day period.
  403         7. The freeholders shall be deemed to have approved of the
  404  provisions of this paragraph at such time as the city clerk or
  405  the supervisor of elections certifies to the governing body of
  406  the municipality or county that approval has been given by
  407  freeholders representing in excess of 50 percent of the assessed
  408  value of the property within the local government neighborhood
  409  improvement district.
  410         8. The city clerk or the supervisor of elections, whichever
  411  is appropriate, shall enclose with each ballot sent pursuant to
  412  this paragraph two envelopes: a secrecy envelope, into which the
  413  freeholder shall enclose the marked ballot; and a mailing
  414  envelope, into which the freeholder shall then place the secrecy
  415  envelope, which shall be addressed to the city clerk or the
  416  supervisor of elections. The back side of the mailing envelope
  417  shall bear a certificate in substantially the following form:
  418  
  419   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  420                 AND COMPLETING VOTER’S CERTIFICATE.               
  421  
  422                         VOTER’S CERTIFICATE                       
  423  
  424         I, ...., am a duly qualified and registered freeholder of
  425  the proposed...(name)... local government neighborhood
  426  improvement district; and I am entitled to vote this ballot. I
  427  do solemnly swear or affirm that I have not and will not vote
  428  more than one ballot in this election. I understand that failure
  429  to sign this certificate and have my signature witnessed will
  430  invalidate my ballot.
  431  
  432  ...(Voter’s Signature)
  433  
  434  NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18 YEARS
  435  OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  436         I swear or affirm that the elector signed this voter’s
  437  certificate in my presence.
  438  
  439                    ...(Signature of Witness)...                   
  440         ...(Address)......(City/State)...
  441  
  442         9. The certificate shall be arranged on the back of the
  443  mailing envelope so that the lines for the signatures of the
  444  freeholder and the attesting witness are across the seal of the
  445  envelope; however, no statement shall appear on the envelope
  446  which indicates that a signature of the freeholder or witness
  447  must cross the seal of the envelope. The freeholder and the
  448  attesting witness shall execute the certificate on the envelope.
  449         10. The city clerk or the supervisor of elections shall
  450  enclose with each ballot sent to an freeholder pursuant to this
  451  paragraph separate printed instructions in substantially the
  452  following form:
  453  
  454      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  455  
  456         a.VERY IMPORTANT. In order to ensure that your ballot will
  457  be counted, it should be completed and returned as soon as
  458  possible so that it can reach the city clerk or the supervisor
  459  of elections no later than 7 p.m. on the (final day of the 120
  460  day period given here).
  461         b. Mark your ballot in secret as instructed on the ballot.
  462         c. Place your marked ballot in the enclosed secrecy
  463  envelope.
  464         d. Insert the secrecy envelope into the enclosed mailing
  465  envelope, which is addressed to the city clerk or the supervisor
  466  of elections.
  467         e. Seal the mailing envelope and completely fill out the
  468  Voter’s Certificate on the back of the mailing envelope.
  469         f. VERY IMPORTANT. Sign your name on the line provided for
  470  “(Voter’s Signature).”
  471         g. VERY IMPORTANT. In order for your ballot to be counted,
  472  it must include the signature and address of a witness 18 years
  473  of age or older affixed to the voter’s certificate.
  474         h. Mail, deliver, or have delivered the completed mailing
  475  envelope. Be sure there is sufficient postage if mailed.
  476         (2) The advisory council shall perform such duties as may
  477  be prescribed by the governing body and shall submit within the
  478  time period specified by the governing body, acting as the board
  479  of directors, a report on the district’s activities and a
  480  proposed budget to accomplish its objectives. In formulating a
  481  plan for services or improvements the advisory board shall
  482  consult in public session with the appropriate staff or
  483  consultants of the local governing body responsible for the
  484  district’s plan.
  485         (3) As an alternative to designating the local governing
  486  body as the board of directors, a majority of the local
  487  governing body of a city or county may appoint a board of three
  488  to seven directors for the district who shall be residents of
  489  the proposed area and who are subject to ad valorem taxation in
  490  the residential neighborhood improvement district or who are
  491  property owners in a commercial neighborhood improvement
  492  district. The directors shall be appointed for staggered terms
  493  of 3 years. The initial appointments shall be as follows: one
  494  director for a 1-year term; one director for a 2-year term; and
  495  one director for a 3-year term. If more than three directors are
  496  to be appointed, the additional members shall initially be
  497  appointed for 3-year terms. Vacancies shall be filled for the
  498  unexpired portion of a term in the same manner as the initial
  499  appointments were made. Each director shall hold office until
  500  his or her successor is appointed and qualified unless the
  501  director ceases to be qualified or is removed from office. Upon
  502  appointment and qualification and in January of each year, the
  503  directors shall organize by electing from their number a chair
  504  and a secretary.
  505         (3)(4) A district may be dissolved by the governing body by
  506  rescinding the ordinance creating the district. The governing
  507  body may rescind shall consider rescinding the ordinance if
  508  presented with a petition requesting that it be rescinded.
  509  Petitions related to a residential neighborhood improvement
  510  district must contain containing the signatures of 60 percent of
  511  the residents. Petitions related to a commercial neighborhood
  512  improvement district must contain signatures representing owners
  513  of 60 percent of the land area of the of a district.
  514         Section 8. Section 163.508, Florida Statutes, is amended to
  515  read:
  516         163.508 Property owners’ association neighborhood
  517  improvement districts; creation; powers and duties; duration.—
  518         (1) After an a local planning ordinance has been adopted
  519  authorizing the creation of property owners’ association
  520  neighborhood improvement districts, the local governing body of
  521  a municipality or county may create property owners’ association
  522  neighborhood improvement districts by the enactment of a
  523  separate ordinance for each district, which ordinance:
  524         (a) Establishes that an incorporated property owners’
  525  association representing 75 percent of all owners of property
  526  within a proposed district meeting the requirements of this
  527  section has petitioned the governing body of the municipality or
  528  county for creation of a district for the area encompassed by
  529  the property owned by members of the association.
  530         (b) Specifies the boundaries, size, and name of the
  531  district.
  532         (c) Authorizes the governing body through mutual agreement
  533  with the property owners’ association to:
  534         1. Request grants a matching grant from the state’s Safe
  535  Neighborhoods Program to prepare the first year’s safe
  536  neighborhood improvement plan. The provider of the local match
  537  for the state grant shall be mutually agreed upon between the
  538  governing body and the property owners’ association. The
  539  governing body may agree to provide the match as a no-interest
  540  bearing loan to be paid back from assessments imposed by the
  541  association on its members or shareholders.
  542         2. Provide staff and other technical assistance to the
  543  property owners’ association on a mutually agreed-upon basis,
  544  contractual or otherwise.
  545         3. Prepare the first year’s safe neighborhood improvement
  546  plan, which shall comply with and be consistent with the
  547  governing body’s adopted comprehensive plan.
  548         (d) Provides for an audit of the property owners’
  549  association.
  550         (e) Designates the officers of the incorporated property
  551  owners’ association as the board of directors of the district.
  552         (f) May prohibit the use of any district power authorized
  553  by s. 163.514.
  554         (g) Requires the district to notify the Department of Legal
  555  Affairs and the Department of Community Affairs in writing of
  556  its establishment within 30 days thereof pursuant to s.
  557  163.5055.
  558         (2) In order to qualify for the creation of a neighborhood
  559  improvement district, the property owners shall form an
  560  association in compliance with this section, or use an existing
  561  property owners’ association in compliance with this section,
  562  which shall be a corporation, for profit or not for profit. At
  563  least, and of which not less than 75 percent of all property
  564  owners within the proposed area must consent have consented in
  565  writing to become members or shareholders. Upon such consent by
  566  75 percent of the property owners in the proposed district, all
  567  consenting property owners and their successors shall become
  568  members of the association and shall be bound by the provisions
  569  of the articles of incorporation, the bylaws of the association,
  570  the covenants, the deed restrictions, the indentures, and any
  571  other properly promulgated restrictions. The association shall
  572  have no member or shareholder who is not a bona fide owner of
  573  property within the proposed district. Upon receipt of its
  574  certificate of incorporation, the property owners’ association
  575  shall notify the clerk of the city or county court, whichever is
  576  appropriate, in writing, of such incorporation and shall list
  577  the names and addresses of the officers of the association.
  578         (3) Any incorporated property owners’ association operating
  579  pursuant to this part has shall have the power:
  580         (a) To negotiate with the governing body of a municipality
  581  or county for closing, privatizing, or modifying the rights-of
  582  way, and appurtenances thereto, within the district.
  583         (b) To use utilize various legal instruments such as
  584  covenants, deed restrictions, and indentures to preserve and
  585  maintain the integrity of property, land, and rights-of-way
  586  owned and conveyed to it within the district.
  587         (c) To make and collect assessments against all property
  588  within the boundaries of the district pursuant to the provisions
  589  of s. 163.514(16) and to lease, maintain, repair, and
  590  reconstruct any privatized street, land, or common area within
  591  the district upon dedication thereof to the association.
  592         (d) Without the joinder of any property owner, to modify,
  593  move, or create any easement for ingress and egress or for the
  594  purpose of utilities, if such easement constitutes part of or
  595  crosses district property. However, this does shall not
  596  authorize the association to modify or move any easement that
  597  which is created in whole or in part for the use or benefit of
  598  anyone other than association members, or which crosses the
  599  property of anyone other than association members, without the
  600  consent or approval of such person as required by law or by the
  601  instrument creating the easement. Nothing in this paragraph
  602  shall affect the rights of ingress or egress of any member of
  603  the association.
  604         (4) A property owners’ association neighborhood improvement
  605  district shall continue in perpetuity as long as the property
  606  owners’ association created pursuant to this section exists
  607  under the applicable laws of the state.
  608         Section 9. Subsections (1), (7), (8), and (10) of section
  609  163.511, Florida Statutes, are amended to read:
  610         163.511 Special neighborhood improvement districts;
  611  creation; referendum; board of directors; duration; extension.—
  612         (1) After an a local planning ordinance has been adopted
  613  authorizing the creation of special neighborhood improvement
  614  districts, the governing body of a municipality or county may
  615  declare the need for and create special residential or business
  616  neighborhood improvement districts by the enactment of a
  617  separate ordinance for each district, which ordinance:
  618         (a) Conditions the implementation of the ordinance on the
  619  approval of a referendum as provided in subsection (2).
  620         (b) Authorizes the special neighborhood improvement
  621  district to levy an ad valorem tax on real and personal property
  622  of up to 2 mills annually.
  623         (c) Authorizes the use of special assessments to support
  624  planning and implementation of district improvements pursuant to
  625  the provisions of s. 163.514(16), including community policing
  626  innovations.
  627         (d) Specifies the boundaries, size, and name of the
  628  district.
  629         (e) Authorizes the district to receive a planning grant
  630  from the department.
  631         (f) Provides for the appointment of a 3-member board of
  632  directors for the district.
  633         (g) May authorize a special neighborhood improvement
  634  district to exercise the power of eminent domain pursuant to
  635  chapters 73 and 74. Any property identified for eminent domain
  636  by the district shall be subject to the approval of the local
  637  governing body before eminent domain procedures are exercised.
  638         (h) May prohibit the use of any district power authorized
  639  by s. 163.514.
  640         (i) Requires the district to notify the Department of Legal
  641  Affairs and the Department of Community Affairs in writing of
  642  its establishment within 30 days thereof pursuant to s.
  643  163.5055.
  644         (j) May authorize a special neighborhood improvement
  645  district to develop and implement community policing innovations
  646  in consultation with the local law enforcement agency having
  647  jurisdiction within the district boundaries.
  648         (7) The business and affairs of a special neighborhood
  649  improvement district shall be conducted and administered by a
  650  board of three directors who shall be residents of or property
  651  owners within the proposed area and who are subject to ad
  652  valorem taxation in the district. Upon their initial appointment
  653  and qualification and in January of each year thereafter, the
  654  directors shall organize by electing from their number a chair
  655  and a secretary, and may also employ staff and legal
  656  representatives as deemed appropriate, who shall serve at the
  657  pleasure of the board and may receive such compensation as shall
  658  be fixed by the board. The secretary shall keep a record of the
  659  proceedings of the district and shall be custodian of all books
  660  and records of the district. The directors may shall not receive
  661  any compensation for their services, nor may they be employed by
  662  the district.
  663         (8) Within 30 days of the approval of the creation of a
  664  special neighborhood improvement district, if the district is in
  665  a municipality, a majority of the governing body of the
  666  municipality, or if the district is in the unincorporated area
  667  of the county, a majority of the county commission, shall
  668  appoint the three directors provided for herein for staggered
  669  terms of 3 years. The initial appointments shall be as follows:
  670  one for a 1-year term, one for a 2-year term, and one for a 3
  671  year term. Each director shall hold office until his or her
  672  successor is appointed and qualified unless the director ceases
  673  to be qualified to act as a director or is removed from office.
  674  Vacancies on the board shall be filled for the unexpired portion
  675  of a term in the same manner as the initial appointments were
  676  made.
  677         (10) The governing body of a municipality or county may
  678  remove a director for inefficiency, neglect of duty, or
  679  misconduct in office only after a hearing and only if he or she
  680  has been given a copy of the charges at least 10 days prior to
  681  such hearing and has had an opportunity to be heard in person or
  682  by counsel. A vacancy so created shall be filled as provided
  683  herein.
  684         Section 10. Section 163.512, Florida Statutes, is amended
  685  to read:
  686         163.512 Community redevelopment neighborhood improvement
  687  districts; creation; advisory council; dissolution.—
  688         (1) Upon the recommendation of the community redevelopment
  689  agency and after an a local planning ordinance has been adopted
  690  authorizing the creation of community redevelopment neighborhood
  691  improvement districts, the local governing body of a
  692  municipality or county may create community redevelopment
  693  neighborhood improvement districts by the enactment of a
  694  separate ordinance for each district, which ordinance:
  695         (a) Specifies the boundaries, size, and name of the
  696  district.
  697         (b) Authorizes the district to receive grants a planning
  698  grant from the department.
  699         (c) Authorizes the use of the community redevelopment trust
  700  fund created pursuant to s. 163.387 for the purposes of
  701  implementing the district’s safe neighborhood improvement plan
  702  and furthering crime prevention through community policing
  703  innovations, environmental design, environmental security, and
  704  defensible space techniques, if the expenditures from the
  705  community redevelopment trust fund are consistent with the
  706  community redevelopment plan created pursuant to s. 163.360.
  707         (d) Designates the community redevelopment board of
  708  commissioners established pursuant to s. 163.356 or s. 163.357
  709  as the board of directors for the district.
  710         (e) Establishes an advisory council to the board of
  711  directors comprised of property owners or residents of the
  712  district.
  713         (f) May prohibit the use of any district power authorized
  714  by s. 163.514.
  715         (g) Requires that the district’s safe neighborhood
  716  improvement plan be consistent with the community redevelopment
  717  plan created pursuant to s. 163.360, and permits the safe
  718  neighborhood improvement plan to be included in the community
  719  redevelopment plan as an optional element.
  720         (h) Requires that the boundaries of the community
  721  redevelopment district be contained in whole within the
  722  community redevelopment area established pursuant to ss. 163.355
  723  and 163.356.
  724         (i) Requires the district to notify the Department of Legal
  725  Affairs and the Department of Community Affairs in writing of
  726  its establishment within 30 days thereof pursuant to s.
  727  163.5055.
  728         (2) The advisory council shall perform such duties as may
  729  be prescribed by the community redevelopment board established
  730  pursuant to s. 163.356 and shall submit within the time period
  731  specified by the board of directors a report on the district’s
  732  activities and a proposed budget to accomplish its objectives.
  733  In formulating a plan for services or improvements, the advisory
  734  council shall consult in public session with the appropriate
  735  staff or consultants of the community redevelopment board
  736  responsible for the district’s plan.
  737         (3) A district may be dissolved by the local governing body
  738  by rescinding the ordinance creating the district. The governing
  739  body may rescind shall consider rescinding the ordinance if
  740  presented with a petition containing the signatures of 60
  741  percent of the residents of a district.
  742         Section 11. Section 163.513, Florida Statutes, is repealed.
  743         Section 12. Section 163.514, Florida Statutes, is amended
  744  to read:
  745         163.514 Powers of neighborhood improvement districts.
  746  Unless prohibited by ordinance, the board of any district is
  747  shall be empowered to:
  748         (1) Enter into contracts and agreements and sue and be sued
  749  as a body corporate.
  750         (2) Have and use a corporate seal.
  751         (3) Acquire, own, convey, or otherwise dispose of, lease as
  752  lessor or lessee, construct, maintain, improve, enlarge, raze,
  753  relocate, operate, and manage property and facilities of
  754  whatever type to which it holds title and grant and acquire
  755  licenses, easements, and options with respect thereto.
  756         (4) Accept grants and donations of any type of property,
  757  labor, or other thing of value from any public or private
  758  source.
  759         (5) Have exclusive control of funds legally available to
  760  it, subject to limitations imposed by law or by any agreement
  761  validly entered into by it.
  762         (6) Cooperate and contract with other governmental agencies
  763  or other public bodies.
  764         (7) Contract for services of planners, engineers,
  765  attorneys, and other planning consultants, experts on crime
  766  prevention through community policing innovations, environmental
  767  design, environmental security, or defensible space, or other
  768  experts in areas pertaining to the operations of the board of
  769  directors or the district.
  770         (8) Contract with the county or municipal government for
  771  planning assistance, legal advice, and for increased levels of
  772  law enforcement protection and security, including additional
  773  personnel.
  774         (9) Promote and advertise the commercial advantages of the
  775  district so as to attract new businesses and encourage the
  776  expansion of existing businesses.
  777         (10) Promote and advertise the district to the public and
  778  engage in cooperative advertising programs with businesses
  779  located in the district.
  780         (11) Improve, plan, design, construct, operate, provide,
  781  and maintain street lighting, parks, streets, drainage,
  782  utilities, swales, parking facilities, transit, landscaping, and
  783  open areas, and provide safe access to mass transportation
  784  facilities in the district.
  785         (12) Undertake innovative approaches to securing
  786  neighborhoods from crime, such as crime prevention through
  787  community policing innovations, environmental design,
  788  environmental security, and defensible space.
  789         (13) Privatize, close, vacate, plan, or replan streets,
  790  roads, sidewalks, and alleys, subject to the concurrence of the
  791  local governing body and, if required, the state Department of
  792  Transportation.
  793         (14) Prepare, adopt, implement, and modify a safe
  794  neighborhood improvement plan for the district.
  795         (15) Identify areas with blighted influences, including,
  796  but not limited to, areas where unlawful urban dumping or
  797  graffiti are prevalent, and develop programs for eradication
  798  thereof.
  799         (16)(a) Subject to referendum approval, and for special,
  800  community redevelopment, and property owners’ association
  801  neighborhood improvement districts only, make and collect
  802  special assessments pursuant to ss. 197.3632 and 197.3635 to pay
  803  for improvements to the district and for reasonable expenses of
  804  operating the district, including the payment of expenses
  805  included in the district’s budget, subject to an affirmative
  806  vote by a majority of the registered voters residing in the
  807  district. Such assessments shall not exceed $500 for each
  808  individual parcel of land per year. Notwithstanding the
  809  provisions of s. 101.6102, the referendum to approve the special
  810  assessment shall be by mail ballot.
  811         (b) In order to implement this subsection, the city clerk
  812  or the supervisor of elections, whichever is appropriate, shall
  813  compile a list of the names and last known addresses of the
  814  electors in the neighborhood improvement district from the list
  815  of registered voters of the county as of the last day of the
  816  preceding month. The same shall constitute the registration list
  817  for the purposes of a referendum. Within 45 days after
  818  compilation of the voter registration list, the city clerk or
  819  the supervisor of elections shall notify each elector of the
  820  general provisions of this section, including the taxing
  821  authority and the date of the upcoming referendum. Notification
  822  shall be by United States mail and, in addition thereto, by
  823  publication one time in a newspaper of general circulation in
  824  the county or municipality in which the district is located.
  825         (c) Any resident of the district whose name does not appear
  826  on the list compiled pursuant to paragraph (b) may register to
  827  vote as provided by law. The registration list shall remain open
  828  for 75 days after the notification required in paragraph (b).
  829         (d) Within 15 days after the closing of registration, the
  830  city clerk or the supervisor of elections shall send a ballot to
  831  each elector at his or her last known mailing address by first
  832  class United States mail. The ballot shall include:
  833         1. A description of the general provisions of this section
  834  applicable to the neighborhood improvement district; and
  835         2. Immediately following said information, the following:
  836  
  837         “Do you favor the imposition of a special assessment
  838         of not greater than $500 for each individual parcel of
  839         land per year to pay for the expenses of operating the
  840         neighborhood improvement district?
  841  
  842         ....Yes, for the special assessment.
  843  
  844         ....No, against the special assessment.”
  845  
  846         (e) Ballots shall be returned by United States mail or by
  847  personal delivery.
  848         (f) All ballots received within 60 days after the closing
  849  of registration shall be tabulated by the city clerk or the
  850  supervisor of elections, who shall certify the results thereof
  851  to the city governing body or county commission no later than 5
  852  days after said 60-day period.
  853         (17) Exercise all lawful powers incidental to the effective
  854  and expedient exercise of the foregoing powers.
  855         Section 13. Subsections (3) and (4) of section 163.5151,
  856  Florida Statutes, are amended to read:
  857         163.5151 Fiscal management; budget preparation.—
  858         (3) Each local government and special neighborhood
  859  improvement district levying an ad valorem tax on real or
  860  personal property shall establish its budget pursuant to the
  861  provisions of chapter 200. Before adopting Prior to adoption of
  862  the final budget and setting of the millage rate to be levied by
  863  the board, the board shall submit a tentative budget and
  864  proposed millage rate of the district to the governing body of
  865  the municipality in which the district is located, or to the
  866  county if the district is located in the unincorporated portion
  867  of the county, for approval or disapproval. Such governing body
  868  shall have the power to modify the budget or millage submitted
  869  by the board. Subsequent to approval, the board shall adopt its
  870  final budget and millage rate in accordance with the
  871  requirements of chapter 200.
  872         (4) At the option of the county property appraiser for the
  873  county within which the neighborhood improvement district is
  874  located, the assessments levied by the district may shall be
  875  collected in the same manner as all ad valorem taxes if so
  876  requested by the local governing body pursuant to s. 197.363.
  877         Section 14. Section 163.516, Florida Statutes, is amended
  878  to read:
  879         163.516 Safe Neighborhood improvement plans.—
  880         (1) A safe neighborhood improvement plan is mandated for
  881  all neighborhood improvement districts. The plan must shall
  882  contain at least the following elements:
  883         (a) Demographics of the district.
  884         (b) Crime activity data and analysis.
  885         (b)(c) Land use, zoning, housing, and traffic analysis.
  886         (d) Determination of the problems of the crime-to
  887  environment relationship and the stability of the neighborhood
  888  improvement district.
  889         (c)(e) Statement of the district’s goal and objectives.
  890         (f) Assessment of crime prevention through community
  891  policing innovations, environmental design, environmental
  892  security, and defensible space strategies and tactics that will
  893  be applied to the crime-to-environment relationship problems.
  894         (g) Cost estimates and the methods of financing.
  895         (h) Outline of program participants and their functions and
  896  responsibilities.
  897         (i) Schedule for executing program activities.
  898         (j) Evaluation guidelines.
  899         (2) Every safe neighborhood improvement plan must shall
  900  show, by diagram and by general explanation:
  901         (a) Such property as is intended for use as public parks,
  902  recreation areas, streets, public utilities, and public
  903  improvements of any nature.
  904         (b) Specific identification of any publicly funded capital
  905  improvement projects to be undertaken within the district.
  906         (c) Adequate assurances that the improvements will be
  907  carried out pursuant to the plan.
  908         (d) Provision for the retention of controls and the
  909  establishment of any restrictions or covenants running with land
  910  sold or leased for private use for such periods of time and
  911  under such conditions as the governing body of the municipality
  912  in which the district is located, or the county if the district
  913  is located in the unincorporated portion of the county, deems
  914  necessary to effectuate the purposes of this part.
  915         (c)(e) Projected costs of improvements, including the
  916  amount to be expended on publicly funded capital improvement
  917  projects in the district and any indebtedness of the district,
  918  the county, or the municipality proposed to be incurred if such
  919  indebtedness is to be repaid with district revenues.
  920         (f) Promotion of advertising programs to be undertaken by
  921  the district or in conjunction with businesses in the district.
  922         (g) Suggested physical improvements necessary for the
  923  safety of residents in or visitors to the district.
  924         (h) Law enforcement and security plans for the district.
  925         (3) The safe neighborhood improvement plan must shall:
  926         (a) Be consistent with the adopted comprehensive plan for
  927  the county or municipality pursuant to the Local Government
  928  Comprehensive Planning and Land Development Regulation Act. No
  929  district plan shall be implemented unless the local governing
  930  body has determined said plan is consistent.
  931         (b) Be sufficiently complete to indicate such land
  932  acquisition, demolition and removal of structures, street
  933  modifications, redevelopment, and rehabilitation as may be
  934  proposed to be carried out in the district.
  935         (c) Provide some method for and measurement of the
  936  reduction of crime within the district.
  937         (4) The county, municipality, or district may prepare or
  938  cause to be prepared a safe neighborhood improvement plan, or
  939  any person or agency, public or private, may submit such a plan
  940  to a district. Prior to its consideration of a safe neighborhood
  941  improvement plan, the district shall submit such plan to the
  942  local governing body for review and written approval as to its
  943  consistency with the local government comprehensive plan. The
  944  district must be notified of approval or disapproval within 60
  945  days after receipt of the plan for review, and a revised version
  946  of the plan may be submitted to satisfy any inconsistencies. The
  947  district may not proceed with the safe neighborhood improvement
  948  plan until final approval is given by the local governing body.
  949         (4)(5) Prior to adoption of the safe neighborhood
  950  improvement plan, the board shall hold a public hearing on the
  951  plan after public notice thereof by publication in a newspaper
  952  of general circulation in the county or municipality in which
  953  the district is located. The notice shall describe the time,
  954  date, place, and purpose of the hearing; identify the boundaries
  955  of the district; and outline the general scope of the plan.
  956         (5)(6) The board, after the public hearing, may approve the
  957  safe neighborhood improvement plan if it finds:
  958         (a) The plan has been approved as consistent with the local
  959  comprehensive plan by the local governing body; and
  960         (b) The plan will improve the promotion, appearance,
  961  safety, security, and public amenities of the neighborhood
  962  improvement district as stipulated in s. 163.502.
  963         (6)(7) If, at any time after approval of the safe
  964  neighborhood improvement plan, it becomes desirable to amend or
  965  modify the plan, the board may do so. Prior to any such
  966  amendment or modification, the board shall obtain written
  967  approval of the local governing body concerning conformity to
  968  the local government comprehensive plan and hold a public
  969  hearing on the proposed amendment or modification after public
  970  notice thereof by publication in a newspaper of general
  971  circulation in the county or municipality in which the district
  972  is located. The notice shall describe the time, place, and
  973  purpose of the hearing and generally describe the proposed
  974  amendment or modification.
  975         (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
  976  governing body of a municipality or county shall hold two public
  977  hearings to consider the board-adopted safe neighborhood
  978  improvement plan as an amendment or modification to the
  979  municipality’s or county’s adopted local comprehensive plan.
  980         (9) A safe neighborhood improvement plan for each district
  981  shall be prepared and adopted by the municipality or county
  982  prior to the levy and expenditure of any of the proceeds of any
  983  tax assessment or fee authorized to such districts other than
  984  for the preparation of the safe community or business
  985  improvement plan.
  986         Section 15. Section 163.517, Florida Statutes, is repealed.
  987         Section 16. Section 163.519, Florida Statutes, is repealed.
  988         Section 17. Section 163.521, Florida Statutes, is repealed.
  989         Section 18. Section 163.5215, Florida Statutes, is
  990  repealed.
  991         Section 19. Section 163.522, Florida Statutes, is repealed.
  992         Section 20. Section 163.523, Florida Statutes, is repealed.
  993         Section 21. Section 163.524, Florida Statutes, is repealed.
  994         Section 22. Section 163.526, Florida Statutes, is repealed.
  995         Section 23. This act shall take effect July 1, 2011.