Bill Text: HB 1569, Engrossed 1

HB 1569, Engrossed 1

2003

A bill to be entitled

An act relating to Broward County; creating the Woodlands

Independent District within the City of Tamarac; providing

for boundaries; providing for the purpose and authority of

the district; providing for powers, functions, and duties

of the district relating to taxation, bonds, revenue

raising capabilities, budget, liens, special assessments,

non-ad valorem assessments, and contractual agreements;

providing for election, organization, powers, duties, and

compensation of the governing board of the district;

providing for applicable financial notice and disclosure

governing the district; providing for the issuance of

bonds; providing for district elections; providing for

methods of financing the district; providing for powers

and duties as granted to neighborhood improvement

districts; providing for powers to establish maintenance,

security, aesthetic, and architectural standards within

the district; providing for powers over streets and ways

within the district; providing for a referendum; providing

effective dates.

Be It Enacted by the Legislature of the State of Florida:

Section 1. There shall be created in Broward County,

within the City of Tamarac, an independent special district to

be known by the popular name “the Woodlands Independent

District,” hereinafter referred to as the District. The creation

of the Woodlands Independent District is the best alternative as

this District would provide for enforceable standards which

would comport with those expired deed restrictions and covenants

upon which the community of the Woodlands was originally

constituted. The standards would exceed those of the

municipality in which it resides and would allow the Woodlands

to ensure that the community, through its own elected officials,

is in control of its appearance and standards. Further, the

District would have such powers as are afforded to neighborhood

improvement districts, thereby ensuring that the Woodlands

community would continue to retain aesthetic appearance and

property value.

Section 2. The purpose of the District shall be to

maintain the appearance, aesthetics, and architectural standards

of all private property within the District. The District shall

further ensure that the general appearance of all homes and

structures is kept at a standard provided by restrictions and

covenants originally intended. The District shall have

additional powers as generally granted to neighborhood

improvement districts, pursuant to chapter 189, F.S.

Section 3. The boundaries of the Woodlands Independent

District are as follows:

SEQ CHAPTER \h \r 1 A parcel of land in Section 14, Township 49 South,

Range 41 East being more particularly described as

follows:

SUBDISTRICT 1

THE WOODLANDS, SECTION ONE - PHASE ONE, as recorded in

Plat Book 66, Page 22, of the Public Records of

Broward County, Florida, together with;

THE WOODLANDS, SECTION ONE- PHASE TWO, as recorded in

Plat Book 67, Page 23, of the Public Records of

Broward County, Florida, together with;

SUBDISTRICT 2

THE WOODLANDS, SECTION TWO - PHASE ONE, as recorded in

Plat Book 66, Page 23, of the Public Records of

Broward County, Florida, together with;

SUBDISTRICT 3

THE WOODLANDS, THIRD SECTION, as recorded in Plat Book

66, Page 24, of the Public Records of Broward County,

Florida, together with;

SUBDISTRICT 4

THE WOODLANDS, SECTION FOUR, as recorded in Plat Book

66, Page 25, of the Public Records of Broward County,

Florida, together with;

THE WOODLANDS COUNTRY CLUB, as recorded in Plat Book

67, Page 30, of the Public Records of Broward County,

Florida, together with;

SUBDISTRICT 5

THE WOODLANDS, SECTION FIVE, as recorded in Plat Book

67, Page 43, of the Public Records of Broward County,

Florida.

SUBDISTRICT 6

THE WOODLANDS, SECTION SIX, as recorded in Plat Book

67, Page 40, of the Public Records of Broward County,

Florida, together with;

SUBDISTRICT 7

THE WOODLANDS, SECTION SEVEN, as recorded in Plat Book

67, Page 41, of the Public Records of Broward County,

Florida, together with;

SUBDISTRICT 8

THE WOODLANDS, SECTION EIGHT, as recorded in Plat Book

67, Page 42, of the Public Records of Broward County,

Florida.

Section 4. Subsequent to March 19, 2004, the governing

board of the Woodlands Independent District shall be composed of

nine members who shall be owners of freeholds not wholly exempt

from taxation in the area described in section 3.

(1) The initial governing body of the Woodlands

Independent District shall be composed of nine members

consisting of the president of each of the Woodlands Homeowners

Associations sections 1-8, as described in section 3 of this

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act, along with the president of the Woodlands Homeowners

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Association board of directors following the effective date of

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this act. Said board shall function only through March 19, 2004.

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The sole function of said initial board shall be to adopt a

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resolution authorizing imposition of a non-ad valorem special

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assessment for all private properties within the Woodlands

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Independent District and to comply with all other provisions of

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section 197.3632(3)(a), Florida Statutes.

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(2) Thereafter, members of the board of the Woodlands

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Independent District shall be elected by mail ballot submitted

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to each of the owners of a freehold not wholly exempt from

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taxation within the area described in section 3. The mail

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ballot shall be sent by first class mail to the owners of

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freeholds not wholly exempt from taxation within the area

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described in section 3 not earlier than February 15, 2004 and no

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later than March 1, 2004. Each owner of a freehold not wholly

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exempt from taxation within the area described in section 3

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shall mail, deliver or have delivered the marked ballot provided

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in this subsection so that it is received by the Clerk of the

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City of Tamarac no later than 5 P.M. on March 19, 2004. The

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individual receiving the greatest number of votes, who reside in

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each of the eight subdistricts in the Woodlands Independent

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District and are owners of freeholds not wholly exempt from

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taxation in the area described in section 3, from among the

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candidates residing within each subdistrict who have qualified

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for election 60 days prior to the election, shall be elected to

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the governing board from said subdistrict. A ninth member of the

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board shall be elected in the same manner as the previous eight

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board members, except that candidates for the ninth member, may

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qualify by residing anywhere within the Woodlands Independent

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District and shall be elected at large.

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(3) Members of the governing board shall serve a three

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year term. Subsequent elections shall be called by the Board in

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the same manner as provided for in the initial elections and

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shall be scheduled in order to provide no lapse in

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representation.

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(4) Any member of the governing board may be removed by a

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majority vote of the board for misfeasance, malfeasance, or

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neglect of duty.

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(5) Any vacancy in the membership of the governing board

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resulting from the death, resignation, or removal of any such

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board member or from any other cause shall be filled for the

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remainder of the term by election within 30 days after the

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occurrence of such vacancy. However, in the event that the

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remaining term is 60 days or less, the vacancy shall be filled

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by election in a manner consistent with subsection 2.

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Section 5. The governing board of the Woodlands

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Independent District shall have the following powers commencing

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on March 20, 2004:

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(1) To enter into contracts and agreements and sue and be

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sued as a body corporate.

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(2) To have and use a corporate seal.

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(3) To acquire, own, convey, or otherwise dispose of,

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lease as lessor or lessee, construct, maintain, improve,

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enlarge, raise, relocate, operate, and manage property and

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facilities of whatever type to which it holds an appropriate

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interest and grant and acquire licenses, easements, and options

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with respect thereto.

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(4) To accept grants and donations of any type of

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property, labor, or other thing of value from any public or

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private source.

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(5) To have exclusive control of funds legally available

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to it, subject to limitations imposed by law or by any agreement

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validly enter into by it.

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(6) To hire and employ full-time and part-time personnel

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and provide benefits therefor.

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(7) To cooperate and contract with governmental agencies

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or other public bodies.

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(8) To contract for services of planning consultants,

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experts on crime prevention through community policing

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innovations, environmental design, environmental security, or

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defensible space or other experts in areas pertaining to the

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operation of the governing board of the District.

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(9) To contract with the county or municipal government

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for planning assistance and for increased levels of law

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enforcement protection, code enforcement, and security,

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including personnel to provide any functions necessary for the

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accomplishment of its purposes. The Woodlands Independent

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District shall be responsible for all costs and expenses

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incurred under the agreement.

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(10) To improve street lights, parks, streets, drainage,

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utilities, swales, and open areas and provide safe access to

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mass transportation facilities in the District with the prior

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approval of the City of Tamarac.

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(11) To undertake innovative approaches to securing

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neighborhoods from crime, blight, and failure to maintain

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property to community standards.

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(12) To provide for crime prevention through community

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policing innovations, environmental design, environmental

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security, and defensible space.

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(13) To adopt property maintenance, aesthetic, and

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architectural standards more stringent than those adopted by

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ordinance of the City of Tamarac within the boundaries of the

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Woodlands Independent District.

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(a) Said standards shall be set only by adoption of a

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resolution of the board after two public hearings as provided

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for in section 166.041(3)(c), Florida Statutes, except that any

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reference in said section of Florida Statutes to the ordinances

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of a municipality shall also relate to the resolution of the

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Woodlands Independent District.

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(b) Every resolution, upon its final passage, shall be

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recorded in a book kept for that purpose and shall be signed by

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the presiding officer of the District and by the clerk of same.

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District shall be filed with the Clerk of the Woodlands

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Independent District and the City Clerk of the City of Tamarac.

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(d) Each regulation shall be printed and codified from

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time to time and available at each meeting of the governing

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board of the Woodlands Independent District.

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(e) Once enacted, each resolution shall be an enforceable

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regulation as to private property within the Woodlands

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Independent District. Each violation of a standard adopted by

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the Woodlands Independent District may be enforced by the

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District either through civil injunction or as a code violation

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enforceable by the City of Tamarac pursuant to part I of chapter

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162, Florida Statutes.

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1. The Woodlands Independent District shall be entitled to

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recover all court costs and attorney’s fees in any successful

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action brought to enjoin a violation of a standard adopted

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pursuant to this subsection.

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2. For purposes of enforcement of the regulations of the

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Woodlands Independent District pursuant to part I of chapter 162

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and section 162.03, Florida Statutes, each regulation shall be

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deemed equal in dignity and stature and carry the force and

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effect of a duly enacted section of the code of the City of

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Tamarac. Penalties for violations of the Woodlands Independent

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District shall be as provided in part I of chapter 162, Florida

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Statutes.

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(f) The Woodlands Independent District shall enter into an

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interlocal agreement with the City of Tamarac for enforcement of

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the Woodlands Independent District standards and regulations

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pursuant to part I of chapter 162, Florida Statutes. The

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interlocal agreement shall provide that the Woodlands

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Independent District shall indemnify and hold harmless the City

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of Tamarac and its elected officials, agents, and employees from

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and against any claim or legal action that may arise from the

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actions of the district or its officers, employees, or agents.

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Additionally, the Woodlands Independent District shall maintain

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insurance satisfactory to the City of Tamarac, naming the City

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of Tamarac as an additional insured, for the term of the

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interlocal agreement.

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(14) To privatize, close, vacate, plan, or replan streets,

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roads, sidewalks, and alleys and to regulate, restrict, or

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monitor traffic by security devices and personnel on public

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streets within the District. All such actions require the prior

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approval of the City of Tamarac.

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(15) To make and collect special assessments pursuant to

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sections 197.3632 and 197.3635, Florida Statutes, to pay for

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improvements to the District, enforcement of enacted standards

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and regulations, and reasonable expense of operating the

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District, including the payment of expenses included in the

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District's budget.

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(16) To be authorized to receive a planning grant from the

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Department of Community Affairs or its successor.

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(17) To issue revenue bonds pursuant to section 189.4085,

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Florida Statutes, and otherwise by general law to pay for

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capital improvements necessary to meet the purpose of the

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District.

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(18) To issue refunding bonds pursuant to section

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189.4085, Florida Statutes, and otherwise by general law to

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refund any bonds then outstanding which shall have been issued

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under the provisions of this act.

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(19) The District shall not be empowered or authorized in

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any manner to create a debt as against the state, county, or any

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or all of the cities, and may not pledge the full faith and

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credit of the state, county, or any of the cities. All revenue

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bonds or debt obligations shall contain on the face thereof a

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statement to the effect that the state, county, or any of the

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cities in which the District is located shall not be obligated

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to pay the same and neither the full faith and credit nor the

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taxing power of the state or of any political subdivision

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thereof is pledged to the payment of the principal of or the

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interest on such bonds. The issuance of revenue or refunding

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bonds under the provisions of this act shall not directly,

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indirectly, or contingently obligate the state, county, or city

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in which the District is located to levy or pledge any form of

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taxation whatever therefor or to make any appropriation for

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their payment.

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(20) To provide for fiscal management and budget

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preparation as provided in section 163.5151, Florida Statutes.

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(21) To contract and cooperate with community

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organizations pursuant to section 163.523, Florida Statutes.

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(22) To apply on behalf of the District and be eligible to

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receive planning grants and technical assistance as a local

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government neighborhood improvement district pursuant to section

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163.517, Florida Statutes.

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Section 6. Organization, compensation, and administrative

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duties of the governing board of the District shall commence on

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April 1, 2004.

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(1) There shall be at least one regular meeting of the

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governing board of the Woodlands Independent District every

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second month. The regular meetings of the governing board shall

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be conducted at a building located within the geographic

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boundaries of the District. The meetings shall be held pursuant

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to sections 189.416 and 189.417, Florida Statutes.

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(2) Special meetings or workshop meetings of the governing

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board may be called from time to time by the chair, the vice

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chair, or a majority of the members of the governing board.

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(3) The members of the governing board shall serve without

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compensation except for reimbursement of responsibility and

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necessary expenses as provided for in chapter 112, Florida

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Statutes.

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Section 7. The District shall comply with the financial

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disclosure, noticing, and reporting requirements of section

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189.418, Florida Statutes. The District shall prepare and submit

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reports, budgets, and audits as provided in sections 189.415 and

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189.418, Florida Statutes, except as otherwise provided herein.

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Section 8. The charter of the Woodlands Independent

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District may be amended by special act of the Legislature.

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Section 9. The Woodlands Independent District shall not

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have the power to levy ad valorem taxes.

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Section 10. The Woodlands Independent District shall

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cooperate with and be subject to the paramount authority of the

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City of Tamarac, including, but not limited to, the adoption,

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amendment, or repeal of any ordinance. All City of Tamarac

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governmental planning, environmental, and land development laws,

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regulations, and ordinances apply to all development of the land

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within the Woodlands Independent District. The District shall

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take no action, now or in the future, which is inconsistent with

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applicable comprehensive plans and, except as provided in

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subsection (13) of section 5, ordinances or regulations of the

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City of Tamarac. No fee, charge, or assessment imposed by the

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District shall entitle any resident or landowner within the

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District to seek or obtain relief from any fee, charge,

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assessment, or tax imposed by the City of Tamarac. All property

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or facilities, including, but not limited to, street lights,

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parks, streets, drainage, utilities, swales, or other public

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projects owned by or constructed by the District, shall conform

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to and comply with the applicable standards and ordinances of

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the City of Tamarac with respect to comparable property or

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facilities. The District does not have the power of a local

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government to adopt a comprehensive plan pursuant to chapter

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163, Florida Statutes.

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Section 11. (1) The City of Tamarac shall remit a ballot

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to any owner of a freehold not wholly exempt from taxation

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within the area described in section 3 who shall be eligible to

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vote in any referendum election provided for in this act. The

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owner of such freehold shall be determined by the city clerk

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from the most recent real property assessment roll prepared by

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the property appraiser pursuant to general law prior to the

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scheduled referendum election. However, the grantees by

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conveyance of a freehold in the area described in section 3

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subsequent to the most recent real property assessment roll may

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present evidence of such conveyance to the city clerk of the

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City of Tamarac not later than 60 days prior to the date of a

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referendum election, pursuant to this section, whereupon the

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clerk, after verifying such conveyance, shall substitute the

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name of the grantee as an elector in place of the owner

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appearing on the real property assessment roll. No more than one

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ballot per freehold shall be cast in any referendum election.

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Said ballot shall be sent by first class mail not earlier than

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October 1, 2003, and not later than October 15, 2003. Each

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ballot shall be addressed to each property owner at the address

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for the property within the Woodlands Independent District in

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the official records of the Property Appraiser of Broward

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County. Each ballot shall state the following:

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There shall be created the Woodlands Independent District.

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The Woodlands Independent District shall be created with

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the power to adopt and enforce property maintenance,

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aesthetic, and architectural standards more stringent than

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the City of Tamarac. The Woodlands Independent District

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shall have the power to make and create special

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assessments.

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___ Yes

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___ No

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Each property owner shall mail, deliver, or have delivered the

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marked ballot provided in this subsection, so that it reaches

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the Clerk of the City of Tamarac no later than 5:00 p.m. on

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November 1, 2003.

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(2) The Woodlands Independent District shall be created

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only if approved by the owners of freeholds not wholly exempt

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from taxation within the area described in section 3 pursuant to

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this section.

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Section 12. This act shall be liberally construed in order

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to effectuate its purposes.

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Section 13. This act shall take effect only upon its

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approval by a majority vote of the freehold owners described in

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section 11 in the area described in section 3 voting in a

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referendum election to be called by the City of Tamarac, except

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that section 11 and this section shall take effect upon becoming

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a law.

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