Senate Bill 2456
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    Florida Senate - 1999                                  SB 2456
    By Senator Rossin
    35-1586A-99
  1                      A bill to be entitled
  2         An act relating to special districts; amending
  3         s. 190.004, F.S.; providing that ss.
  4         190.006-190.041, F.S., constitute the exclusive
  5         charter for such districts; amending s.
  6         190.005, F.S.; prescribing requirements for
  7         reestablishment of existing special districts
  8         as community development districts; amending s.
  9         190.006, F.S.; prescribing location where
10         records of community development districts may
11         be kept; amending s. 190.009, F.S.; revising
12         requirements relating to disclosure of public
13         financing; amending s. 190.011, F.S.; revising
14         requirements for location of district office;
15         amending s. 190.012, F.S.; prescribing
16         additional powers of districts; amending s.
17         190.021, F.S.; providing that certain
18         assessments are non-ad valorem assessments;
19         providing for the collection of such
20         assessments; providing that such assessments
21         constitute liens on the property against which
22         assessed; amending s. 190.022, F.S.; revising
23         procedures for assessment and collection of
24         special assessments; amending s. 190.033, F.S.;
25         revising procedures for bidding for district
26         projects; amending s. 190.046, F.S.; revising
27         procedures and guidelines for expansion or
28         contraction of district boundaries; amending s.
29         190.048, F.S.; revising requirements for notice
30         upon sale of property within a district;
31         creating s. 190.0485, F.S.; requiring a
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  1         district to record notice of its establishment;
  2         requiring certain preexisting districts to
  3         record such notice; amending s. 190.049, F.S.;
  4         revising the prohibition against special acts
  5         and general acts of local application that
  6         create certain special districts; amending s.
  7         189.4031, F.S.; providing that community
  8         development districts are in conformity with
  9         certain requirements applicable to independent
10         special districts; amending s. 189.405, F.S.;
11         requiring education courses for certain public
12         officials; providing an effective date and a
13         contingent effective date.
14
15  Be It Enacted by the Legislature of the State of Florida:
16
17         Section 1.  Section 190.004, Florida Statutes, is
18  amended to read:
19         190.004  Preemption; sole authority; statutory
20  charter.--
21         (1)  This act constitutes the sole authorization for
22  the future establishment of independent community development
23  districts which have any of the specialized functions and
24  powers provided by this act.
25         (2)  This act does not affect any community development
26  district or other special district existing on June 29, 1984;
27  and existing community development districts will continue to
28  be subject to the provisions of chapter 80-407, Laws of
29  Florida.
30         (3)  The creation of an independent community
31  development district as provided in this act is not a
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  1  development order within the meaning of chapter 380.  All
  2  governmental planning, environmental, and land development
  3  laws, regulations, and ordinances apply to all development of
  4  the land within a community development district. Community
  5  development districts do not have the power of a local
  6  government to adopt a comprehensive plan, building code, or
  7  land development code, as those terms are defined in the Local
  8  Government Comprehensive Planning and Land Development
  9  Regulation Act.  A district shall take no action which is
10  inconsistent with applicable comprehensive plans, ordinances,
11  or regulations of the applicable local general-purpose
12  government.
13         (4)  The exclusive charter for a community development
14  district shall be the uniform community development district
15  charter set forth in ss. 190.006-190.041.
16         Section 2.  Subsection (3) of section 190.005, Florida
17  Statutes, 1998 Supplement, is amended to read:
18         190.005  Establishment of district.--
19         (3)  The governing body of any existing special
20  district, created to provide one or more of the public
21  improvements and community facilities authorized by this act,
22  may petition, pursuant to this act, for reestablishment of the
23  existing district as a community development district pursuant
24  to this act. The petition must contain the information
25  specified in subparagraphs (1)(a)1., 3., 4., 5., 6., and 7.,
26  and the fee prescribed in paragraph (1)(b) is not required. In
27  such case, the new district so formed shall assume the
28  existing obligations, indebtedness, and guarantees of
29  indebtedness of the district so subsumed, and the existing
30  district shall be terminated.
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  1         Section 3.  Subsection (7) of section 190.006, Florida
  2  Statutes, is amended to read:
  3         190.006  Board of supervisors; members and meetings.--
  4         (7)  The board shall keep a permanent record book
  5  entitled "Record of Proceedings of ...(name of district)...
  6  Community Development District," in which shall be recorded
  7  minutes of all meetings, resolutions, proceedings,
  8  certificates, bonds given by all employees, and any and all
  9  corporate acts.  The record book shall at reasonable times be
10  opened to inspection in the same manner as state, county, and
11  municipal records pursuant to chapter 119.  The record book
12  shall be kept at the office or other regular place of business
13  maintained by the board in the county or municipality in which
14  the district is located or within the boundaries of a
15  development of regional impact or Florida Quality Development
16  that includes the district.
17         Section 4.  Subsection (1) of section 190.009, Florida
18  Statutes, is amended to read:
19         190.009  Disclosure of public financing.--
20         (1)  The district shall take affirmative steps to
21  provide for the full disclosure of information relating to the
22  public financing and maintenance of improvements to real
23  property undertaken by the district. Such information shall be
24  made available to all existing residents, and to all
25  prospective residents, of the district.  The district shall
26  furnish each developer of a residential development within the
27  district with sufficient copies of that information to provide
28  each prospective initial purchaser of property in that
29  development with a copy, and any developer of a residential
30  development within the district, when required by law to
31  provide a public offering statement, shall include a copy of
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  1  such information relating to the public financing and
  2  maintenance of improvements in the public offering statement.
  3         Section 5.  Subsection (6) of section 190.011, Florida
  4  Statutes, is amended to read:
  5         190.011  General powers.--The district shall have, and
  6  the board may exercise, the following powers:
  7         (6)  To maintain an office at such place or places as
  8  it may designate within a county in which the district is
  9  located or within the boundaries of a development of regional
10  impact or Florida Quality Development that includes the
11  district, which office must be reasonably accessible to the
12  landowners.
13         Section 6.  Subsection (1) of section 190.012, Florida
14  Statutes, is amended to read:
15         190.012  Special powers; public improvements and
16  community facilities.--The district shall have, and the board
17  may exercise, subject to the regulatory jurisdiction and
18  permitting authority of all applicable governmental bodies,
19  agencies, and special districts having authority with respect
20  to any area included therein, any or all of the following
21  special powers relating to public improvements and community
22  facilities authorized by this act:
23         (1)  To finance, fund, plan, establish, acquire,
24  construct or reconstruct, enlarge or extend, equip, operate,
25  and maintain systems, and facilities, and basic
26  infrastructures for the following basic infrastructures:
27         (a)  Water management and control for the lands within
28  the district and to connect some or any of such facilities
29  with roads and bridges.
30         (b)  Water supply, sewer, and wastewater management,
31  reclamation, and reuse or any combination thereof, and to
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  1  construct and operate connecting intercepting or outlet sewers
  2  and sewer mains and pipes and water mains, conduits, or
  3  pipelines in, along, and under any street, alley, highway, or
  4  other public place or ways, and to dispose of any effluent,
  5  residue, or other byproducts of such system or sewer system.
  6         (c)  Bridges or culverts that may be needed across any
  7  drain, ditch, canal, floodway, holding basin, excavation,
  8  public highway, tract, grade, fill, or cut and roadways over
  9  levees and embankments, and to construct any and all of such
10  works and improvements across, through, or over any public
11  right-of-way, highway, grade, fill, or cut.
12         (d)1.  District roads equal to or exceeding the
13  specifications of the county in which such district roads are
14  located, and street lights.
15         2.  Buses, trolleys, transit shelters, ridesharing
16  facilities and services, parking improvements, and related
17  signage.
18         (e)  Conservation areas, mitigation areas, and wildlife
19  habitat, including the maintenance of any plant or animal
20  species, and any related interest in real or personal
21  property.
22         (f)(e)  Any other project within or without the
23  boundaries of a district when a local government issued a
24  development order pursuant to s. 380.06 or s. 380.061
25  approving or expressly requiring the construction or funding
26  of the project by the district, or when the project is the
27  subject of an agreement between the district and a
28  governmental entity and is consistent with the local
29  government comprehensive plan of the local government within
30  which the project is to be located.
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  1         Section 7.  Subsections (8) and (9) are added to
  2  section 190.021, Florida Statutes, to read:
  3         190.021  Taxes; non-ad valorem assessments.--
  4         (8)  NON-AD VALOREM ASSESSMENTS.--Benefit special
  5  assessments, maintenance special assessments, and special
  6  assessments are non-ad valorem assessments as defined in s.
  7  197.3632.
  8         (9)  ASSESSMENTS AS LIENS.--Benefit special assessments
  9  and maintenance special assessments authorized by this section
10  and special assessments authorized in s. 190.022 shall
11  constitute a lien on the property against which assessed from
12  the date of imposition thereof until paid, coequal with the
13  lien of state, county, municipal, and school district taxes.
14  These non-ad valorem assessments may be collected, at the
15  district's discretion, by the tax collector pursuant to s.
16  197.363, s. 197.3631, or s. 197.3632 or in accordance with
17  other collection measures provided by law. Compensation to the
18  tax collector for the necessary administrative costs and costs
19  of collection of the district's non-ad valorem assessments
20  shall be calculated pursuant to s. 192.091(2)(b)2. if
21  collected by the tax collector under any collection measure
22  provided by law.
23         Section 8.  Section 190.022, Florida Statutes, is
24  amended to read:
25         190.022  Special assessments.--
26         (1)  The board may levy special assessments for the
27  construction, reconstruction, acquisition, or maintenance of
28  district facilities authorized under this chapter using the
29  procedures for levy and collection provided in chapter 170 or
30  chapter 197.
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  1         (2)  Notwithstanding the provisions of s. 170.09,
  2  district assessments may be made payable in no more than 30 20
  3  yearly installments.
  4         Section 9.  Subsections (1) and (3) of section 190.033,
  5  Florida Statutes, are amended to read:
  6         190.033  Bids required.--
  7         (1)  No contract shall be let by the board for the
  8  construction of any project authorized by this act, nor shall
  9  any goods, supplies, or materials to be purchased, when the
10  amount thereof to be paid by the district exceeds the amount
11  provided in s. 287.017(1) and (2) for category four shall
12  exceed $10,000, unless notice of bids shall be advertised once
13  in a newspaper in general circulation in the county and in the
14  district. Any board seeking to construct or improve a public
15  building or structure or other public work must comply with
16  the bidding procedures of s. 255.20 and other applicable
17  general law. In each case, the bid of the lowest responsive
18  and responsible bidder shall be accepted unless all bids are
19  rejected because the bids are too high, or the board
20  determines it is in the best interests of the district to
21  reject all bids.  The board may require the bidders to furnish
22  bond with a responsible surety to be approved by the board.
23  Nothing in this section shall prevent the board from
24  undertaking and performing the construction, operation, and
25  maintenance of any project or facility authorized by this act
26  by the employment of labor, material, and machinery.
27         (3)  Contracts for maintenance services for any
28  district facility or project shall be subject to competitive
29  bidding requirements when the amount thereof to be paid by the
30  district exceeds the amount provided in s. 287.017(1) and (2)
31  for category four two.  The district shall adopt rules,
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  1  policy, or procedures establishing competitive bidding
  2  procedures for maintenance services. Contracts for other
  3  services shall not be subject to competitive bidding unless
  4  the district adopts a rule, policy, or procedure applying
  5  competitive bidding procedures to such said contracts.
  6         Section 10.  Paragraphs (e) and (f) of subsection (1)
  7  of section 190.046, Florida Statutes, are amended to read:
  8         190.046  Termination, contraction, or expansion of
  9  district.--
10         (1)  The board may petition to contract or expand the
11  boundaries of a community development district in the
12  following manner:
13         (e)  In all cases, written consent of all the
14  landowners whose land is to be added to or deleted from the
15  district shall be required. The filing of the petition for
16  expansion by the district board of supervisors constitutes
17  consent of the landowners within the community development
18  district.
19         (f)1.  During the existence of the district initially
20  established by administrative rule, petitions to amend the
21  boundaries of the district pursuant to paragraphs (a)-(e)
22  shall be limited to a cumulative total of no more than 10
23  percent of the land in the initial district, and in no event
24  shall all such petitions to amend the boundaries ever
25  encompass more than a total of 250 acres.
26         2.  For districts initially established by county or
27  municipal ordinance, the limitation shall be a cumulative
28  total of no more than 50 percent of land in the initial
29  district, and in no event may all such petitions to amend the
30  boundaries encompass more than 500 acres.
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  1         3.  Boundary expansions for districts initially
  2  established by county or municipal ordinance must follow the
  3  procedure set forth in paragraph (b) or paragraph (c).
  4         Section 11.  Section 190.048, Florida Statutes, is
  5  amended to read:
  6         190.048  Sale of real estate within a district;
  7  required disclosure to purchaser.--Subsequent to the
  8  establishment creation of a district under this chapter, each
  9  contract for the initial sale of a parcel of real property and
10  each contract for the initial sale of a residential unit real
11  estate within the district shall include, immediately prior to
12  the space reserved in the contract for the signature of the
13  purchaser, the following disclosure statement in boldfaced and
14  conspicuous type which is larger than the type in the
15  remaining text of the contract: "THE ...(Name of District)...
16  COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY IMPOSES
17  TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
18  PROPERTY THROUGH A SPECIAL TAXING DISTRICT.  THESE TAXES AND
19  ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE
20  COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE
21  DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
22  DISTRICT.  THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO
23  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND
24  ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
25         Section 12.  Section 190.0485, Florida Statutes, is
26  created to read:
27         190.0485  Notice of establishment.--Within 30 days
28  after the effective date of a rule or ordinance establishing a
29  community development district under this chapter, the
30  district shall cause to be recorded in the property records of
31  the county in which it is located a "Notice of the
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  1  Establishment of the .......... Community Development
  2  District." The notice must, at a minimum, include the legal
  3  description of the district and a copy of the disclosure
  4  statement specified in s. 190.048.
  5         Section 13.  Each community development district in
  6  existence on July 1, 1999, shall record a notice of
  7  establishment described in section 190.0485, Florida Statutes,
  8  as created by this act, within 90 days after that date unless
  9  the district has previously recorded a notice that meets the
10  requirements of that section.
11         Section 14.  Section 190.049, Florida Statutes, is
12  amended to read:
13         190.049  Special acts prohibited.--Pursuant to s.
14  11(a)(21), Art. III of the State Constitution, there shall be
15  no special law or general law of local application creating an
16  independent special district which has the powers enumerated
17  in two or more of the paragraphs contained in s. 190.012,
18  unless such district is created pursuant to s. 189.404.
19         Section 15.  Subsection (2) of section 189.4031,
20  Florida Statutes, is amended to read:
21         189.4031  Special districts; creation, dissolution, and
22  reporting requirements; charter requirements.--
23         (2)  Notwithstanding any general law, special act, or
24  ordinance of a local government to the contrary, any
25  independent special district charter enacted after the
26  effective date of this section shall contain the information
27  required by s. 189.404(3). Recognizing that the exclusive
28  charter for a community development district is the statutory
29  charter contained in ss. 190.006-190.041, community
30  development districts established after July 1, 1980, pursuant
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  1  to chapter 190 shall be deemed in compliance with the
  2  requirement of this subsection.
  3         Section 16.  Subsection (7) is added to section
  4  189.405, Florida Statutes, 1998 Supplement, to read:
  5         189.405  Elections; general requirements and
  6  procedures.--
  7         (7)  All newly elected or appointed members of district
  8  boards must complete, at a minimum, 6 hours of elected
  9  officials education within the first calendar year after
10  election or appointment. An educational course shall be
11  conducted by the department in cooperation with the Florida
12  Association of Special Districts or its successor and must
13  include, but is not limited to, courses on the Public
14  Officials' Code of Ethics, government in the sunshine, public
15  records laws, public finance, and parliamentary procedure.
16  Certification of completion of education requirements shall be
17  filed with the district clerk or secretary. Any member who
18  fails to certify completion within the first calendar year
19  after election or appointment may not vote on district matters
20  until the requirements are satisfied. This subsection does not
21  apply to special district governing board members who are also
22  elected members of the governing body of a local
23  general-purpose government, members of the judiciary, members
24  of the governing board of a water management district under
25  chapter 373, or nonvoting appointees.
26         Section 17.  This act shall take effect July 1, 1999,
27  except that the amendment to section 190.049, Florida
28  Statutes, shall not take effect unless this act is enacted by
29  a three-fifths vote of the membership of each house of the
30  Legislature.
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  2                          SENATE SUMMARY
  3    Revises various provisions relating to the creation,
      powers, and duties of community development and other
  4    special districts. (See bill for details.)
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