Senate Bill 2456c1
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Florida Senate - 1999 CS for SB 2456
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Rossin
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1 A bill to be entitled
2 An act relating to special districts; amending
3 s. 189.4031, F.S.; providing that community
4 development districts established pursuant to
5 ch. 190, F.S., shall be deemed in compliance
6 with certain charter requirements; amending s.
7 189.405, F.S.; requiring newly elected or
8 appointed special district board members to
9 complete an educational course conducted by the
10 Florida Association of Special Districts and
11 providing requirements with respect thereto;
12 providing requirements with respect to fees;
13 amending s. 189.412, F.S.; providing that the
14 Special District Information Program may assist
15 with the association's annual conference;
16 amending s. 190.004, F.S.; specifying
17 requirements for the charter of a community
18 development district; amending s. 190.005,
19 F.S.; providing requirements for the petition
20 to reestablish an existing special district as
21 a community development district; revising
22 language with respect to establishment of such
23 districts; amending ss. 190.006 and 190.011,
24 F.S.; revising requirements relating to the
25 date of the election for the board of
26 supervisors of such districts; revising
27 requirements relating to the location of the
28 office of such a district; authorizing the
29 holding of meetings at such office for certain
30 districts; amending s. 190.009, F.S.; revising
31 requirements relating to provision of the
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1 disclosure of public financing by such
2 districts to prospective purchasers of real
3 property; amending s. 190.012, F.S.; revising
4 and expanding the powers of such districts;
5 amending s. 190.021, F.S.; specifying the
6 status of special assessments imposed by such
7 districts; specifying that such assessments
8 constitute a lien against the property;
9 providing for collection thereof; amending s.
10 190.022, F.S.; revising requirements relating
11 to special assessments for construction,
12 acquisition, or maintenance of district
13 facilities; amending s. 190.033, F.S.; revising
14 bid requirements for the purchase of goods and
15 the construction or improvement of public works
16 and for contracts for maintenance services;
17 amending s. 190.046, F.S.; revising
18 requirements relating to consent to a change in
19 the boundaries of such districts and
20 limitations on such boundary changes; providing
21 that approval of a proposed merger of community
22 development districts by an elected board of
23 supervisors constitutes approval by the
24 landowners of the district; amending s.
25 190.048, F.S.; revising requirements relating
26 to the required disclosure to purchasers of
27 real estate within a district; creating s.
28 190.0485, F.S.; requiring such districts to
29 record a notice of establishment; providing for
30 application to existing districts; amending s.
31 190.049, F.S.; providing an exception to the
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1 prohibition against special laws or general
2 laws of local application creating an
3 independent special district having two or more
4 of a community development district's special
5 powers enumerated in s. 190.012, F.S.;
6 providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Subsection (2) of section 189.4031, Florida
11 Statutes, is amended to read:
12 189.4031 Special districts; creation, dissolution, and
13 reporting requirements; charter requirements.--
14 (2) Notwithstanding any general law, special act, or
15 ordinance of a local government to the contrary, any
16 independent special district charter enacted after the
17 effective date of this section shall contain the information
18 required by s. 189.404(3). Recognizing that the exclusive
19 charter for a community development district is the statutory
20 charter contained in ss. 190.006 through 190.041, community
21 development districts established after July 1, 1980, pursuant
22 to the provisions of chapter 190 shall be deemed in compliance
23 with this requirement.
24 Section 2. Subsections (5) and (6) of section 189.405,
25 Florida Statutes, 1998 Supplement, are renumbered as
26 subsections (6) and (7), respectively, and a new subsection
27 (5) is added to said section to read:
28 189.405 Elections; general requirements and
29 procedures.--
30 (5)(a) Beginning August 1, 2000, all newly elected or
31 appointed members of district boards, as identified by the
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1 Division of Elections of the Department of State, shall
2 complete, at a minimum, 6 hours of elected officials'
3 education courses within the first calendar year of election
4 or appointment. The department shall assist the Florida
5 Association of Special Districts, or its successor, in
6 conducting the education program at its annual conference.
7 This education program, in conjunction with the annual
8 conference, shall include, but is not limited to, courses on
9 the code of ethics for public officers and employees, public
10 meetings and public records requirements, public finance, and
11 parliamentary procedure. Course content may be offered by
12 means of the following: videotapes, live seminars, workshops,
13 conferences, teleconferences, computer-based training,
14 multimedia presentations, or other available instructional
15 methods. Members unable to attend the conference may fulfill
16 this requirement by viewing a videotape of the course or
17 accessing the course through some other medium. Content of the
18 course and the media employed shall be decided by the Florida
19 Association of Special Districts, or its successor. It shall
20 be the responsibility of each member to demonstrate compliance
21 with this education requirement by filing with the district
22 clerk or secretary a course completion statement, signed by
23 the course provider, within 30 days of completing the
24 education program. Any member who fails to show compliance
25 within the first calendar year of election or appointment
26 shall not be entitled to vote on district matters until the
27 requirement is satisfied.
28 (b)1. Fees, if any, paid by participants at the annual
29 conference shall include any costs associated with the
30 education program.
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1 2. An individual district board, at its discretion,
2 may bear the costs associated with educating its members.
3 Board members of districts which have qualified for a zero
4 annual fee for the most recent invoicing period pursuant to s.
5 189.427 shall not be required to pay a fee for the education
6 program.
7 (c) This subsection does not apply to special district
8 governing board members who are also elected governing board
9 members of local general-purpose governments, members of the
10 judiciary, or nonvoting appointees.
11 Section 3. Subsection (7) of section 189.412, Florida
12 Statutes, is amended to read:
13 189.412 Special District Information Program; duties
14 and responsibilities.--The Special District Information
15 Program of the Department of Community Affairs is created and
16 has the following special duties:
17 (7) The provision of assistance related to and
18 appropriate in the performance of requirements specified in
19 this chapter, including assisting with an annual conference
20 sponsored by the Florida Association of Special Districts or
21 its successor.
22 Section 4. Subsection (3) of section 190.004, Florida
23 Statutes, is amended, and subsection (4) is added to said
24 section, to read:
25 190.004 Preemption; sole authority.--
26 (3) The establishment creation of an independent
27 community development district as provided in this act is not
28 a development order within the meaning of chapter 380. All
29 governmental planning, environmental, and land development
30 laws, regulations, and ordinances apply to all development of
31 the land within a community development district. Community
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1 development districts do not have the power of a local
2 government to adopt a comprehensive plan, building code, or
3 land development code, as those terms are defined in the Local
4 Government Comprehensive Planning and Land Development
5 Regulation Act. A district shall take no action which is
6 inconsistent with applicable comprehensive plans, ordinances,
7 or regulations of the applicable local general-purpose
8 government.
9 (4) The exclusive charter for a community development
10 district shall be the uniform community development district
11 charter as set forth in ss. 190.006 through 190.041, including
12 the special powers provided by s. 190.012.
13 Section 5. Paragraph (e) of subsection (1) and
14 subsection (3) of section 190.005, Florida Statutes, 1998
15 Supplement, are amended to read:
16 190.005 Establishment of district.--
17 (1) The exclusive and uniform method for the
18 establishment of a community development district with a size
19 of 1,000 acres or more shall be pursuant to a rule, adopted
20 under chapter 120 by the Florida Land and Water Adjudicatory
21 Commission, granting a petition for the establishment of a
22 community development district.
23 (e) The Florida Land and Water Adjudicatory Commission
24 shall consider the entire record of the local hearing, the
25 transcript of the hearing, resolutions adopted by local
26 general-purpose governments as provided in paragraph (c), and
27 the following factors and make a determination to grant or
28 deny a petition for the establishment of a community
29 development district:
30 1. Whether all statements contained within the
31 petition have been found to be true and correct.
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1 2. Whether the establishment creation of the district
2 is inconsistent with any applicable element or portion of the
3 state comprehensive plan or of the effective local government
4 comprehensive plan.
5 3. Whether the area of land within the proposed
6 district is of sufficient size, is sufficiently compact, and
7 is sufficiently contiguous to be developable as one functional
8 interrelated community.
9 4. Whether the district is the best alternative
10 available for delivering community development services and
11 facilities to the area that will be served by the district.
12 5. Whether the community development services and
13 facilities of the district will be incompatible with the
14 capacity and uses of existing local and regional community
15 development services and facilities.
16 6. Whether the area that will be served by the
17 district is amenable to separate special-district government.
18 (3) The governing body of any existing special
19 district, created to provide one or more of the public
20 improvements and community facilities authorized by this act,
21 may petition, pursuant to this act, for reestablishment of the
22 existing district as a community development district pursuant
23 to this act. The petition shall contain the information
24 specified in subparagraphs (1)(a)1., 3., 4., 5., 6., and 7.
25 and shall not require payment of a fee pursuant to paragraph
26 (1)(b). In such case, the new district so formed shall assume
27 the existing obligations, indebtedness, and guarantees of
28 indebtedness of the district so subsumed, and the existing
29 district shall be terminated.
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1 Section 6. Paragraph (b) of subsection (2) and
2 subsection (7) of section 190.006, Florida Statutes, are
3 amended to read:
4 190.006 Board of supervisors; members and meetings.--
5 (2)(a) Within 90 days following the effective date of
6 the rule or ordinance establishing the district, there shall
7 be held a meeting of the landowners of the district for the
8 purpose of electing five supervisors for the district. Notice
9 of the landowners' meeting shall be published once a week for
10 2 consecutive weeks in a newspaper which is in general
11 circulation in the area of the district, the last day of such
12 publication to be not fewer than 14 days or more than 28 days
13 before the date of the election. The landowners, when
14 assembled at such meeting, shall organize by electing a chair
15 who shall conduct the meeting.
16 (b) At such meeting, each landowner shall be entitled
17 to cast one vote per acre of land owned by him or her and
18 located within the district for each person to be elected. A
19 landowner may vote in person or by proxy in writing. A
20 fraction of an acre shall be treated as 1 acre, entitling the
21 landowner to one vote with respect thereto. The two
22 candidates receiving the highest number of votes shall be
23 elected for a period of 4 years, and the three candidates
24 receiving the next largest number of votes shall be elected
25 for a period of 2 years. The members of the first board
26 elected by landowners shall serve their respective 4-year or
27 2-year terms; however, the next election by landowners shall
28 be held on the first Tuesday in November. Thereafter, there
29 shall be an election of supervisors for the district every 2
30 years on the first Tuesday in November on a date established
31 by the board and noticed pursuant to paragraph (a). The two
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1 candidates receiving the highest number of votes shall be
2 elected to serve for a 4-year period, and the remaining
3 candidate elected shall serve for a 2-year period.
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 or combination of a development of regional impact and Florida
17 Quality Development, which includes the district.
18 Section 7. Subsection (1) of section 190.009, Florida
19 Statutes, is amended to read:
20 190.009 Disclosure of public financing.--
21 (1) The district shall take affirmative steps to
22 provide for the full disclosure of information relating to the
23 public financing and maintenance of improvements to real
24 property undertaken by the district. Such information shall be
25 made available to all existing residents, and to all
26 prospective residents, of the district. The district shall
27 furnish each developer of a residential development within the
28 district with sufficient copies of that information to provide
29 each prospective initial purchaser of property in that
30 development with a copy, and any developer of a residential
31 development within the district, when required by law to
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1 provide a public offering statement, shall include a copy of
2 such information relating to the public financing and
3 maintenance of improvements in the public offering statement.
4 Section 8. Subsection (6) of section 190.011, Florida
5 Statutes, is amended to read:
6 190.011 General powers.--The district shall have, and
7 the board may exercise, the following powers:
8 (6) To maintain an office at such place or places as
9 it may designate within a county in which the district is
10 located or within the boundaries of a development of regional
11 impact or a Florida Quality Development, or a combination of a
12 development of regional impact and a Florida Quality
13 Development, which includes the district, which office must be
14 reasonably accessible to the landowners. Meetings pursuant to
15 s. 189.417(3) of a district within the boundaries of a
16 development of regional impact or Florida Quality Development,
17 or a combination of a development of regional impact and a
18 Florida Quality Development, may be held at such office.
19 Section 9. Subsection (1) of section 190.012, Florida
20 Statutes, is amended to read:
21 190.012 Special powers; public improvements and
22 community facilities.--The district shall have, and the board
23 may exercise, subject to the regulatory jurisdiction and
24 permitting authority of all applicable governmental bodies,
25 agencies, and special districts having authority with respect
26 to any area included therein, any or all of the following
27 special powers relating to public improvements and community
28 facilities authorized by this act:
29 (1) To finance, fund, plan, establish, acquire,
30 construct or reconstruct, enlarge or extend, equip, operate,
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1 and maintain systems, and facilities, and basic
2 infrastructures for the following basic infrastructures:
3 (a) Water management and control for the lands within
4 the district and to connect some or any of such facilities
5 with roads and bridges.
6 (b) Water supply, sewer, and wastewater management,
7 reclamation, and reuse or any combination thereof, and to
8 construct and operate connecting intercepting or outlet sewers
9 and sewer mains and pipes and water mains, conduits, or
10 pipelines in, along, and under any street, alley, highway, or
11 other public place or ways, and to dispose of any effluent,
12 residue, or other byproducts of such system or sewer system.
13 (c) Bridges or culverts that may be needed across any
14 drain, ditch, canal, floodway, holding basin, excavation,
15 public highway, tract, grade, fill, or cut and roadways over
16 levees and embankments, and to construct any and all of such
17 works and improvements across, through, or over any public
18 right-of-way, highway, grade, fill, or cut.
19 (d)1. District roads equal to or exceeding the
20 specifications of the county in which such district roads are
21 located, and street lights.
22 2. Buses, trolleys, transit shelters, ridesharing
23 facilities and services, parking improvements, and related
24 signage.
25 (e) Conservation areas, mitigation areas, and wildlife
26 habitat, including the maintenance of any plant or animal
27 species, and any related interest in real or personal
28 property.
29 (f)(e) Any other project within or without the
30 boundaries of a district when a local government issued a
31 development order pursuant to s. 380.06 or s. 380.061
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1 approving or expressly requiring the construction or funding
2 of the project by the district, or when the project is the
3 subject of an agreement between the district and a
4 governmental entity and is consistent with the local
5 government comprehensive plan of the local government within
6 which the project is to be located.
7 Section 10. Subsections (8) and (9) are added to
8 section 190.021, Florida Statutes, to read:
9 190.021 Taxes; non-ad valorem assessments.--
10 (8) STATUS OF ASSESSMENTS.--Benefit special
11 assessments, maintenance special assessments, and special
12 assessments are non-ad valorem assessments as defined by s.
13 197.3632.
14 (9) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit
15 special assessments and maintenance special assessments
16 authorized by this section, and special assessments authorized
17 by s. 190.022, shall constitute a lien on the property against
18 which assessed from the date of imposition thereof until paid,
19 co-equal with the lien of state, county, municipal, and school
20 board taxes. These non-ad valorem assessments may be
21 collected, at the district's discretion, by the tax collector
22 pursuant to the provisions of s. 197.363 or s. 197.3632, or in
23 accordance with other collection measures provided by law.
24 Section 11. Section 190.022, Florida Statutes, is
25 amended to read:
26 190.022 Special assessments.--
27 (1) The board may levy special assessments for the
28 construction, reconstruction, acquisition, or maintenance of
29 district facilities authorized under this chapter using the
30 procedures for levy and collection provided in chapter 170 or
31 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 12. Subsections (1) and (3) of section
5 190.033, 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 shall exceed the
11 amount provided in s. 287.017 for category four $10,000,
12 unless notice of bids shall be advertised once in a newspaper
13 in general circulation in the county and in the district. Any
14 board seeking to construct or improve a public building,
15 structure, or other public works shall comply with the bidding
16 procedures of s. 255.20 and other applicable general law. In
17 each case, the bid of the lowest responsive and responsible
18 bidder shall be accepted unless all bids are rejected because
19 the bids are too high, or the board determines it is in the
20 best interests of the district to reject all bids. The board
21 may require the bidders to furnish bond with a responsible
22 surety to be approved by the board. Nothing in this section
23 shall prevent the board from undertaking and performing the
24 construction, operation, and maintenance of any project or
25 facility authorized by this act by the employment of labor,
26 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 policies, 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 said contracts.
6 Section 13. Paragraphs (e) and (f) of subsection (1)
7 and subsection (3) of section 190.046, Florida Statutes, are
8 amended to read:
9 190.046 Termination, contraction, or expansion of
10 district.--
11 (1) The board may petition to contract or expand the
12 boundaries of a community development district in the
13 following manner:
14 (e) In all cases, written consent of all the
15 landowners whose land is to be added to or deleted from the
16 district shall be required. The filing of the petition for
17 expansion or contraction by the district board of supervisors
18 shall constitute consent of the landowners within the district
19 other than of landowners whose land is proposed to be added to
20 or removed from the district.
21 (f)1. During the existence of a the district initially
22 established by administrative rule, petitions to amend the
23 boundaries of the district pursuant to paragraphs (a)-(e)
24 shall be limited to a cumulative total of no more than 10
25 percent of the land in the initial district, and in no event
26 shall all such petitions to amend the boundaries ever
27 encompass more than a total of 250 acres.
28 2. For districts initially established by county or
29 municipal ordinance, the limitation provided by this paragraph
30 shall be a cumulative total of no more than 50 percent of the
31 land in the initial district, and in no event shall all such
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1 petitions to amend the boundaries ever encompass more than a
2 total of 500 acres.
3 3. Boundary expansions for districts initially
4 established by county or municipal ordinance shall follow the
5 procedure set forth in paragraph (b) or paragraph (c).
6 (3) The district may merge with other community
7 development districts upon filing a petition for establishment
8 of a community development district pursuant to s. 190.005 or
9 may merge with any other special districts upon filing a
10 petition for establishment of a community development district
11 pursuant to s. 190.005. The government formed by a merger
12 involving a community development district pursuant to this
13 section shall assume all indebtedness of, and receive title
14 to, all property owned by the preexisting special districts.
15 Prior to filing said petition, the districts desiring to merge
16 shall enter into a merger agreement and shall provide for the
17 proper allocation of the indebtedness so assumed and the
18 manner in which said debt shall be retired. The approval of
19 the merger agreement by the board of supervisors elected by
20 the electors of the district shall constitute consent of the
21 landowners within the district.
22 Section 14. Section 190.048, Florida Statutes, is
23 amended to read:
24 190.048 Sale of real estate within a district;
25 required disclosure to purchaser.--Subsequent to the
26 establishment creation of a district under this chapter, each
27 contract for the initial sale of a parcel of real property and
28 each contract for the initial sale of a residential unit
29 estate within the district shall include, immediately prior to
30 the space reserved in the contract for the signature of the
31 purchaser, the following disclosure statement in boldfaced and
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1 conspicuous type which is larger than the type in the
2 remaining text of the contract: "THE ...(Name of
3 District)...COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY
4 IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS,
5 ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE
6 TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND
7 MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF
8 THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF
9 THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO
10 COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND
11 ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
12 Section 15. Section 190.0485, Florida Statutes, is
13 created to read:
14 190.0485 Notice of establishment.--Within 30 days
15 after the effective date of a rule or ordinance establishing a
16 community development district under this act, the district
17 shall cause to be recorded in the property records in the
18 county in which it is located a "Notice of Establishment of
19 the Community Development District." The notice shall,
20 at a minimum, include the legal description of the district
21 and a copy of the disclosure statement specified in s.
22 190.048.
23 Section 16. Each community development district in
24 existence on the effective date of this act shall record a
25 notice of establishment as specified in s. 190.0485, Florida
26 Statutes, as created by this act, within 90 days after that
27 date, unless the district has previously recorded a notice
28 that meets the requirements set forth in that section.
29 Section 17. (1) Section 190.049, Florida Statutes, is
30 amended to read:
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1 190.049 Special acts prohibited.--Pursuant to s.
2 11(a)(21), Art. III of the State Constitution, there shall be
3 no special law or general law of local application creating an
4 independent special district which has the powers enumerated
5 in two or more of the paragraphs contained in s. 190.012,
6 unless such district is created pursuant to the provisions of
7 s. 189.404.
8 (2) This section shall take effect upon this act
9 becoming a law, if passed by a three-fifths vote of the
10 membership of each house.
11 Section 18. This act shall take effect upon becoming a
12 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2456
3
4 Provides that the Department of Community Affairs will assist
the Association of Special Districts in conducting an
5 education program for new community development district (CDD)
supervisors and that supervisors who fail to comply with the
6 requirement are prohibited from voting on district matters
until they have satisfied the requirement.
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Qualifies that the exclusive charter for a CDD includes the
8 special powers authorized by s. 190.12, F.S.
9 Provides that the election of the board of supervisors shall
be every 2 years in November on a date established by the
10 board (rather than on the first Tuesday in November) which is
noticed.
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Allows meetings of the district to be held at the office of
12 the CDD even when such office is not located within a county
where the district is located as long as the office is located
13 within the boundaries of a development of regional impact or a
Florida Quality Development, or a combination of a development
14 of regional impact and a Florida Quality Development.
15 Raises the threshold for the requirement of the competitive
bidding of construction and improvement of public buildings
16 and contracts for maintenance services to $60,000.
17 Qualifies that the consent of the landowners whose land is
proposed to be added or removed from the district is required
18 as part of a petition for expansion or contraction of an
existing CDD while the consent of landowners within the
19 existing boundaries of the CDD is not required. In addition,
the board of a CDD is authorized to approve the merger of two
20 CDDs without approval of 100 percent of the landowners within
the existing districts.
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