HB 1569 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Broward County; creating the Woodlands
13	Independent District within the City of Tamarac; providing
14	for boundaries; providing for the purpose and authority of
15	the district; providing for powers, functions, and duties
16	of the district relating to taxation, bonds, revenue
17	raising capabilities, budget, liens, special assessments,
18	non-ad valorem assessments, and contractual agreements;
19	providing for election, organization, powers, duties, and
20	compensation of the governing board of the district;
21	providing for applicable financial notice and disclosure
22	governing the district; providing for the issuance of
23	bonds; providing for district elections; providing for
24	methods of financing the district; providing for powers
25	and duties as granted to neighborhood improvement
26	districts; providing for powers to establish maintenance,
27	security, aesthetic, and architectural standards within
28	the district; providing for powers over streets and ways
29	within the district; providing for a referendum; providing
30	effective dates.
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32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. There shall be created in Broward County,
35	within the City of Tamarac, an independent special district to
36	be known by the popular name “the Woodlands Independent
37	District,” hereinafter referred to as the District. The creation
38	of the Woodlands Independent District is the best alternative as
39	this District would provide for enforceable standards which
40	would comport with those expired deed restrictions and covenants
41	upon which the community of the Woodlands was originally
42	constituted. The standards would exceed those of the
43	municipality in which it resides and would allow the Woodlands
44	to ensure that the community, through its own elected officials,
45	is in control of its appearance and standards. Further, the
46	District would have such powers as are afforded to neighborhood
47	improvement districts, thereby ensuring that the Woodlands
48	community would continue to retain aesthetic appearance and
49	property value.
50	Section 2. The purpose of the District shall be to
51	maintain the appearance, aesthetics, and architectural standards
52	of all private property within the District. The District shall
53	further ensure that the general appearance of all homes and
54	structures is kept at a standard provided by restrictions and
55	covenants originally intended. The District shall have
56	additional powers as generally granted to neighborhood
57	improvement districts, pursuant to chapter 189, F.S.
58	Section 3. The boundaries of the Woodlands Independent
59	District are as follows:
60	SEQ CHAPTER \h \r 1 A parcel of land in Section 14, Township 49 South,
61	Range 41 East being more particularly described as
62	follows:
63	SUBDISTRICT 1
64	THE WOODLANDS, SECTION ONE - PHASE ONE, as recorded in
65	Plat Book 66, Page 22, of the Public Records of
66	Broward County, Florida, together with;
67	THE WOODLANDS, SECTION ONE- PHASE TWO, as recorded in
68	Plat Book 67, Page 23, of the Public Records of
69	Broward County, Florida, together with;
70	SUBDISTRICT 2
71	THE WOODLANDS, SECTION TWO - PHASE ONE, as recorded in
72	Plat Book 66, Page 23, of the Public Records of
73	Broward County, Florida, together with;
74	SUBDISTRICT 3
75	THE WOODLANDS, THIRD SECTION, as recorded in Plat Book
76	66, Page 24, of the Public Records of Broward County,
77	Florida, together with;
78	SUBDISTRICT 4
79	THE WOODLANDS, SECTION FOUR, as recorded in Plat Book
80	66, Page 25, of the Public Records of Broward County,
81	Florida, together with;
82	THE WOODLANDS COUNTRY CLUB, as recorded in Plat Book
83	67, Page 30, of the Public Records of Broward County,
84	Florida, together with;
85	SUBDISTRICT 5
86	THE WOODLANDS, SECTION FIVE, as recorded in Plat Book
87	67, Page 43, of the Public Records of Broward County,
88	Florida.
89	SUBDISTRICT 6
90	THE WOODLANDS, SECTION SIX, as recorded in Plat Book
91	67, Page 40, of the Public Records of Broward County,
92	Florida, together with;
93	SUBDISTRICT 7
94	THE WOODLANDS, SECTION SEVEN, as recorded in Plat Book
95	67, Page 41, of the Public Records of Broward County,
96	Florida, together with;
97	SUBDISTRICT 8
98	THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book
99	67, Page 42, of the Public Records of Broward County,
100	Florida.
101
102	Section 4. Subsequent to March 19, 2004, the governing
103	board of the Woodlands Independent District shall be composed of
104	nine members who shall be owners of freeholds not wholly exempt
105	from taxation in the area described in section 3.
106	(1) The initial governing body of the Woodlands
107	Independent District shall be composed of nine members
108	consisting of the president of each of the Woodlands Homeowners
109	Associations sections 1-8, as described in section 3 of this
110	act, along with the president of the Woodlands Homeowners
111	Association board of directors following the effective date of
112	this act. Said board shall function only through March 19, 2004.
113	The sole function of said initial board shall be to adopt a
114	resolution authorizing imposition of a non-ad valorem special
115	assessment for all private properties within the Woodlands
116	Independent District and to comply with all other provisions of
117	section 197.3632(3)(a), Florida Statutes.
118	(2) Thereafter, members of the board of the Woodlands
119	Independent District shall be elected by mail ballot submitted
120	to each of the owners of a freehold not wholly exempt from
121	taxation within the area described in section 3. The mail
122	ballot shall be sent by first class mail to the owners of
123	freeholds not wholly exempt from taxation within the area
124	described in section 3 not earlier than February 15, 2004 and no
125	later than March 1, 2004. Each owner of a freehold not wholly
126	exempt from taxation within the area described in section 3
127	shall mail, deliver or have delivered the marked ballot provided
128	in this subsection so that it is received by the Clerk of the
129	City of Tamarac no later than 5 P.M. on March 19, 2004. The
130	individual receiving the greatest number of votes, who reside in
131	each of the eight subdistricts in the Woodlands Independent
132	District and are owners of freeholds not wholly exempt from
133	taxation in the area described in section 3, from among the
134	candidates residing within each subdistrict who have qualified
135	for election 60 days prior to the election, shall be elected to
136	the governing board from said subdistrict. A ninth member of the
137	board shall be elected in the same manner as the previous eight
138	board members, except that candidates for the ninth member, may
139	qualify by residing anywhere within the Woodlands Independent
140	District and shall be elected at large.
141	(3) Members of the governing board shall serve a three
142	year term. Subsequent elections shall be called by the Board in
143	the same manner as provided for in the initial elections and
144	shall be scheduled in order to provide no lapse in
145	representation.
146	(4) Any member of the governing board may be removed by a
147	majority vote of the board for misfeasance, malfeasance, or
148	neglect of duty.
149	(5) Any vacancy in the membership of the governing board
150	resulting from the death, resignation, or removal of any such
151	board member or from any other cause shall be filled for the
152	remainder of the term by election within 30 days after the
153	occurrence of such vacancy. However, in the event that the
154	remaining term is 60 days or less, the vacancy shall be filled
155	by election in a manner consistent with subsection 2.
156	Section 5. The governing board of the Woodlands
157	Independent District shall have the following powers commencing
158	on March 20, 2004:
159	(1) To enter into contracts and agreements and sue and be
160	sued as a body corporate.
161	(2) To have and use a corporate seal.
162	(3) To acquire, own, convey, or otherwise dispose of,
163	lease as lessor or lessee, construct, maintain, improve,
164	enlarge, raise, relocate, operate, and manage property and
165	facilities of whatever type to which it holds an appropriate
166	interest and grant and acquire licenses, easements, and options
167	with respect thereto.
168	(4) To accept grants and donations of any type of
169	property, labor, or other thing of value from any public or
170	private source.
171	(5) To have exclusive control of funds legally available
172	to it, subject to limitations imposed by law or by any agreement
173	validly enter into by it.
174	(6) To hire and employ full-time and part-time personnel
175	and provide benefits therefor.
176	(7) To cooperate and contract with governmental agencies
177	or other public bodies.
178	(8) To contract for services of planning consultants,
179	experts on crime prevention through community policing
180	innovations, environmental design, environmental security, or
181	defensible space or other experts in areas pertaining to the
182	operation of the governing board of the District.
183	(9) To contract with the county or municipal government
184	for planning assistance and for increased levels of law
185	enforcement protection, code enforcement, and security,
186	including personnel to provide any functions necessary for the
187	accomplishment of its purposes. The Woodlands Independent
188	District shall be responsible for all costs and expenses
189	incurred under the agreement.
190	(10) To improve street lights, parks, streets, drainage,
191	utilities, swales, and open areas and provide safe access to
192	mass transportation facilities in the District with the prior
193	approval of the City of Tamarac.
194	(11) To undertake innovative approaches to securing
195	neighborhoods from crime, blight, and failure to maintain
196	property to community standards.
197	(12) To provide for crime prevention through community
198	policing innovations, environmental design, environmental
199	security, and defensible space.
200	(13) To adopt property maintenance, aesthetic, and
201	architectural standards more stringent than those adopted by
202	ordinance of the City of Tamarac within the boundaries of the
203	Woodlands Independent District.
204	(a) Said standards shall be set only by adoption of a
205	resolution of the board after two public hearings as provided
206	for in section 166.041(3)(c), Florida Statutes, except that any
207	reference in said section of Florida Statutes to the ordinances
208	of a municipality shall also relate to the resolution of the
209	Woodlands Independent District.
210	(b) Every resolution, upon its final passage, shall be
211	recorded in a book kept for that purpose and shall be signed by
212	the presiding officer of the District and by the clerk of same.
213	(c) Each regulation adopted by the Woodlands Independent
214	District shall be filed with the Clerk of the Woodlands
215	Independent District and the City Clerk of the City of Tamarac.
216	(d) Each regulation shall be printed and codified from
217	time to time and available at each meeting of the governing
218	board of the Woodlands Independent District.
219	(e) Once enacted, each resolution shall be an enforceable
220	regulation as to private property within the Woodlands
221	Independent District. Each violation of a standard adopted by
222	the Woodlands Independent District may be enforced by the
223	District either through civil injunction or as a code violation
224	enforceable by the City of Tamarac pursuant to part I of chapter
225	162, Florida Statutes.
226	1. The Woodlands Independent District shall be entitled to
227	recover all court costs and attorney’s fees in any successful
228	action brought to enjoin a violation of a standard adopted
229	pursuant to this subsection.
230	2. For purposes of enforcement of the regulations of the
231	Woodlands Independent District pursuant to part I of chapter 162
232	and section 162.03, Florida Statutes, each regulation shall be
233	deemed equal in dignity and stature and carry the force and
234	effect of a duly enacted section of the code of the City of
235	Tamarac. Penalties for violations of the Woodlands Independent
236	District shall be as provided in part I of chapter 162, Florida
237	Statutes.
238	(f) The Woodlands Independent District shall enter into an
239	interlocal agreement with the City of Tamarac for enforcement of
240	the Woodlands Independent District standards and regulations
241	pursuant to part I of chapter 162, Florida Statutes. The
242	interlocal agreement shall provide that the Woodlands
243	Independent District shall indemnify and hold harmless the City
244	of Tamarac and its elected officials, agents, and employees from
245	and against any claim or legal action that may arise from the
246	actions of the district or its officers, employees, or agents.
247	Additionally, the Woodlands Independent District shall maintain
248	insurance satisfactory to the City of Tamarac, naming the City
249	of Tamarac as an additional insured, for the term of the
250	interlocal agreement.
251	(14) To privatize, close, vacate, plan, or replan streets,
252	roads, sidewalks, and alleys and to regulate, restrict, or
253	monitor traffic by security devices and personnel on public
254	streets within the District. All such actions require the prior
255	approval of the City of Tamarac.
256	(15) To make and collect special assessments pursuant to
257	sections 197.3632 and 197.3635, Florida Statutes, to pay for
258	improvements to the District, enforcement of enacted standards
259	and regulations, and reasonable expense of operating the
260	District, including the payment of expenses included in the
261	District's budget.
262	(16) To be authorized to receive a planning grant from the
263	Department of Community Affairs or its successor.
264	(17) To issue revenue bonds pursuant to section 189.4085,
265	Florida Statutes, and otherwise by general law to pay for
266	capital improvements necessary to meet the purpose of the
267	District.
268	(18) To issue refunding bonds pursuant to section
269	189.4085, Florida Statutes, and otherwise by general law to
270	refund any bonds then outstanding which shall have been issued
271	under the provisions of this act.
272	(19) The District shall not be empowered or authorized in
273	any manner to create a debt as against the state, county, or any
274	or all of the cities, and may not pledge the full faith and
275	credit of the state, county, or any of the cities. All revenue
276	bonds or debt obligations shall contain on the face thereof a
277	statement to the effect that the state, county, or any of the
278	cities in which the District is located shall not be obligated
279	to pay the same and neither the full faith and credit nor the
280	taxing power of the state or of any political subdivision
281	thereof is pledged to the payment of the principal of or the
282	interest on such bonds. The issuance of revenue or refunding
283	bonds under the provisions of this act shall not directly,
284	indirectly, or contingently obligate the state, county, or city
285	in which the District is located to levy or pledge any form of
286	taxation whatever therefor or to make any appropriation for
287	their payment.
288	(20) To provide for fiscal management and budget
289	preparation as provided in section 163.5151, Florida Statutes.
290	(21) To contract and cooperate with community
291	organizations pursuant to section 163.523, Florida Statutes.
292	(22) To apply on behalf of the District and be eligible to
293	receive planning grants and technical assistance as a local
294	government neighborhood improvement district pursuant to section
295	163.517, Florida Statutes.
296	Section 6. Organization, compensation, and administrative
297	duties of the governing board of the District shall commence on
298	April 1, 2004.
299	(1) There shall be at least one regular meeting of the
300	governing board of the Woodlands Independent District every
301	second month. The regular meetings of the governing board shall
302	be conducted at a building located within the geographic
303	boundaries of the District. The meetings shall be held pursuant
304	to sections 189.416 and 189.417, Florida Statutes.
305	(2) Special meetings or workshop meetings of the governing
306	board may be called from time to time by the chair, the vice
307	chair, or a majority of the members of the governing board.
308	(3) The members of the governing board shall serve without
309	compensation except for reimbursement of responsibility and
310	necessary expenses as provided for in chapter 112, Florida
311	Statutes.
312	Section 7. The District shall comply with the financial
313	disclosure, noticing, and reporting requirements of section
314	189.418, Florida Statutes. The District shall prepare and submit
315	reports, budgets, and audits as provided in sections 189.415 and
316	189.418, Florida Statutes, except as otherwise provided herein.
317	Section 8. The charter of the Woodlands Independent
318	District may be amended by special act of the Legislature.
319	Section 9. The Woodlands Independent District shall not
320	have the power to levy ad valorem taxes.
321	Section 10. The Woodlands Independent District shall
322	cooperate with and be subject to the paramount authority of the
323	City of Tamarac, including, but not limited to, the adoption,
324	amendment, or repeal of any ordinance. All City of Tamarac
325	governmental planning, environmental, and land development laws,
326	regulations, and ordinances apply to all development of the land
327	within the Woodlands Independent District. The District shall
328	take no action, now or in the future, which is inconsistent with
329	applicable comprehensive plans and, except as provided in
330	subsection (13) of section 5, ordinances or regulations of the
331	City of Tamarac. No fee, charge, or assessment imposed by the
332	District shall entitle any resident or landowner within the
333	District to seek or obtain relief from any fee, charge,
334	assessment, or tax imposed by the City of Tamarac. All property
335	or facilities, including, but not limited to, street lights,
336	parks, streets, drainage, utilities, swales, or other public
337	projects owned by or constructed by the District, shall conform
338	to and comply with the applicable standards and ordinances of
339	the City of Tamarac with respect to comparable property or
340	facilities. The District does not have the power of a local
341	government to adopt a comprehensive plan pursuant to chapter
342	163, Florida Statutes.
343	Section 11. (1) The City of Tamarac shall remit a ballot
344	to any owner of a freehold not wholly exempt from taxation
345	within the area described in section 3 who shall be eligible to
346	vote in any referendum election provided for in this act. The
347	owner of such freehold shall be determined by the city clerk
348	from the most recent real property assessment roll prepared by
349	the property appraiser pursuant to general law prior to the
350	scheduled referendum election. However, the grantees by
351	conveyance of a freehold in the area described in section 3
352	subsequent to the most recent real property assessment roll may
353	present evidence of such conveyance to the city clerk of the
354	City of Tamarac not later than 60 days prior to the date of a
355	referendum election, pursuant to this section, whereupon the
356	clerk, after verifying such conveyance, shall substitute the
357	name of the grantee as an elector in place of the owner
358	appearing on the real property assessment roll. No more than one
359	ballot per freehold shall be cast in any referendum election.
360	Said ballot shall be sent by first class mail not earlier than
361	October 1, 2003, and not later than October 15, 2003. Each
362	ballot shall be addressed to each property owner at the address
363	for the property within the Woodlands Independent District in
364	the official records of the Property Appraiser of Broward
365	County. Each ballot shall state the following:
366
367	There shall be created the Woodlands Independent District.
368
369	The Woodlands Independent District shall be created with
370	the power to adopt and enforce property maintenance,
371	aesthetic, and architectural standards more stringent than
372	the City of Tamarac. The Woodlands Independent District
373	shall have the power to make and create special
374	assessments.
375
376	___ Yes
377	___ No
378
379	Each property owner shall mail, deliver, or have delivered the
380	marked ballot provided in this subsection, so that it reaches
381	the Clerk of the City of Tamarac no later than 5:00 p.m. on
382	November 1, 2003.
383	(2) The Woodlands Independent District shall be created
384	only if approved by the owners of freeholds not wholly exempt
385	from taxation within the area described in section 3 pursuant to
386	this section.
387	Section 12. This act shall be liberally construed in order
388	to effectuate its purposes.
389	Section 13. This act shall take effect only upon its
390	approval by a majority vote of the freehold owners described in
391	section 11 in the area described in section 3 voting in a
392	referendum election to be called by the City of Tamarac, except
393	that section 11 and this section shall take effect upon becoming
394	a law.
395