Senate Bill sb1778

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    Florida Senate - 2003                                  SB 1778

    By Senator Dockery





    15-1178-03                                          See HB 885

  1                      A bill to be entitled

  2         An act relating to community development

  3         districts; amending s. 190.005, F.S.;

  4         increasing the size of community development

  5         districts established by county commissions;

  6         amending s. 190.011, F.S.; authorizing the

  7         district to enforce deed restrictions and

  8         architectural review for residential properties

  9         within its boundaries; amending s. 190.048,

10         F.S.; revising and clarifying requirements

11         relating to disclosure to purchasers of real

12         estate within a district; providing an

13         effective date.

14

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

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17         Section 1.  Section 190.005, Florida Statutes, is

18  amended to read:

19         190.005  Establishment of district.--

20         (1)  The exclusive and uniform method for the

21  establishment of a community development district with a size

22  of 2,500 1,000 acres or more shall be pursuant to a rule,

23  adopted under chapter 120 by the Florida Land and Water

24  Adjudicatory Commission, granting a petition for the

25  establishment of a community development district.

26         (a)  A petition for the establishment of a community

27  development district shall be filed by the petitioner with the

28  Florida Land and Water Adjudicatory Commission. The petition

29  shall contain:

30         1.  A metes and bounds description of the external

31  boundaries of the district. Any real property within the

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  external boundaries of the district which is to be excluded

  2  from the district shall be specifically described, and the

  3  last known address of all owners of such real property shall

  4  be listed. The petition shall also address the impact of the

  5  proposed district on any real property within the external

  6  boundaries of the district which is to be excluded from the

  7  district.

  8         2.  The written consent to the establishment of the

  9  district by all landowners whose real property is to be

10  included in the district or documentation demonstrating that

11  the petitioner has control by deed, trust agreement, contract,

12  or option of 100 percent of the real property to be included

13  in the district, and when real property to be included in the

14  district is owned by a governmental entity and subject to a

15  ground lease as described in s. 190.003(13), the written

16  consent by such governmental entity.

17         3.  A designation of five persons to be the initial

18  members of the board of supervisors, who shall serve in that

19  office until replaced by elected members as provided in s.

20  190.006.

21         4.  The proposed name of the district.

22         5.  A map of the proposed district showing current

23  major trunk water mains and sewer interceptors and outfalls if

24  in existence.

25         6.  Based upon available data, the proposed timetable

26  for construction of the district services and the estimated

27  cost of constructing the proposed services. These estimates

28  shall be submitted in good faith but shall not be binding and

29  may be subject to change.

30         7.  A designation of the future general distribution,

31  location, and extent of public and private uses of land

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  proposed for the area within the district by the future land

  2  use plan element of the effective local government

  3  comprehensive plan of which all mandatory elements have been

  4  adopted by the applicable general-purpose local government in

  5  compliance with the Local Government Comprehensive Planning

  6  and Land Development Regulation Act.

  7         8.  A statement of estimated regulatory costs in

  8  accordance with the requirements of s. 120.541.

  9         (b)  Prior to filing the petition, the petitioner

10  shall:

11         1.  Pay a filing fee of $15,000 to the county and to

12  each municipality the boundaries of which are contiguous with,

13  or contain all or a portion of the land within, the external

14  boundaries of the district.

15         2.  Submit a copy of the petition to the county and to

16  each municipality the boundaries of which are contiguous with,

17  or contain all or a portion of, the land within the external

18  boundaries of the district.

19         (c)  Such county and each such municipality may conduct

20  a public hearing to consider the relationship of the petition

21  to the factors specified in paragraph (e). The public hearing

22  shall be concluded within 45 days after the date the petition

23  is filed unless an extension of time is requested by the

24  petitioner and granted by the county or municipality. The

25  county or municipality holding such public hearing may by

26  resolution express its support of, or objection to the

27  granting of, the petition by the Florida Land and Water

28  Adjudicatory Commission. A resolution must base any objection

29  to the granting of the petition upon the factors specified in

30  paragraph (e). Such county or municipality may present its

31  resolution of support or objection at the Florida Land and

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  Water Adjudicatory Commission hearing and shall be afforded an

  2  opportunity to present relevant information in support of its

  3  resolution.

  4         (d)  A local public hearing on the petition shall be

  5  conducted by a hearing officer in conformance with the

  6  applicable requirements and procedures of the Administrative

  7  Procedure Act. The hearing shall include oral and written

  8  comments on the petition pertinent to the factors specified in

  9  paragraph (e). The hearing shall be held at an accessible

10  location in the county in which the community development

11  district is to be located. The petitioner shall cause a notice

12  of the hearing to be published in a newspaper at least once a

13  week for the 4 successive weeks immediately prior to the

14  hearing. Such notice shall give the time and place for the

15  hearing, a description of the area to be included in the

16  district, which description shall include a map showing

17  clearly the area to be covered by the district, and any other

18  relevant information which the establishing governing bodies

19  may require. The advertisement shall not be placed in that

20  portion of the newspaper where legal notices and classified

21  advertisements appear. The advertisement shall be published in

22  a newspaper of general paid circulation in the county and of

23  general interest and readership in the community, not one of

24  limited subject matter, pursuant to chapter 50. Whenever

25  possible, the advertisement shall appear in a newspaper that

26  is published at least 5 days a week, unless the only newspaper

27  in the community is published fewer than 5 days a week. All

28  affected units of general-purpose local government and the

29  general public shall be given an opportunity to appear at the

30  hearing and present oral or written comments on the petition.

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1         (e)  The Florida Land and Water Adjudicatory Commission

  2  shall consider the entire record of the local hearing, the

  3  transcript of the hearing, resolutions adopted by local

  4  general-purpose governments as provided in paragraph (c), and

  5  the following factors and make a determination to grant or

  6  deny a petition for the establishment of a community

  7  development district:

  8         1.  Whether all statements contained within the

  9  petition have been found to be true and correct.

10         2.  Whether the establishment of the district is

11  inconsistent with any applicable element or portion of the

12  state comprehensive plan or of the effective local government

13  comprehensive plan.

14         3.  Whether the area of land within the proposed

15  district is of sufficient size, is sufficiently compact, and

16  is sufficiently contiguous to be developable as one functional

17  interrelated community.

18         4.  Whether the district is the best alternative

19  available for delivering community development services and

20  facilities to the area that will be served by the district.

21         5.  Whether the community development services and

22  facilities of the district will be incompatible with the

23  capacity and uses of existing local and regional community

24  development services and facilities.

25         6.  Whether the area that will be served by the

26  district is amenable to separate special-district government.

27         (f)  The Florida Land and Water Adjudicatory Commission

28  shall not adopt any rule which would expand, modify, or delete

29  any provision of the uniform community development district

30  charter as set forth in ss. 190.006-190.041, except as

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  provided in s. 190.012. A rule establishing a community

  2  development district shall:

  3         1.  Describe the external boundaries of the district

  4  and any real property within the external boundaries of the

  5  district which is to be excluded.

  6         2.  Name five persons designated to be the initial

  7  members of the board of supervisors.

  8         3.  Name the district.

  9         (g)  The Florida Land and Water Adjudicatory Commission

10  may adopt rules setting forth its procedures for considering

11  petitions to establish, expand, modify, or delete uniform

12  community development districts or portions thereof consistent

13  with the provisions of this section.

14         (2)  The exclusive and uniform method for the

15  establishment of a community development district of less than

16  2,500 1,000 acres in size shall be pursuant to an ordinance

17  adopted by the county commission of the county having

18  jurisdiction over the majority of land in the area in which

19  the district is to be located granting a petition for the

20  establishment of a community development district as follows:

21         (a)  A petition for the establishment of a community

22  development district shall be filed by the petitioner with the

23  county commission. The petition shall contain the same

24  information as required in paragraph (1)(a).

25         (b)  A public hearing on the petition shall be

26  conducted by the county commission in accordance with the

27  requirements and procedures of paragraph (1)(d).

28         (c)  The county commission shall consider the record of

29  the public hearing and the factors set forth in paragraph

30  (1)(e) in making its determination to grant or deny a petition

31  for the establishment of a community development district.

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1         (d)  The county commission shall not adopt any

  2  ordinance which would expand, modify, or delete any provision

  3  of the uniform community development district charter as set

  4  forth in ss. 190.006-190.041. An ordinance establishing a

  5  community development district shall include the matters

  6  provided for in paragraph (1)(f).

  7         (e)  If all of the land in the area for the proposed

  8  district is within the territorial jurisdiction of a municipal

  9  corporation, then the petition requesting establishment of a

10  community development district under this act shall be filed

11  by the petitioner with that particular municipal corporation.

12  In such event, the duties of the county, hereinabove

13  described, in action upon the petition shall be the duties of

14  the municipal corporation. If any of the land area of a

15  proposed district is within the land area of a municipality,

16  the county commission may not create the district without

17  municipal approval.

18         (f)  Notwithstanding any other provision of this

19  subsection, within 90 days after a petition for the

20  establishment of a community development district has been

21  filed pursuant to this subsection, the governing body of the

22  county or municipal corporation may transfer the petition to

23  the Florida Land and Water Adjudicatory Commission, which

24  shall make the determination to grant or deny the petition as

25  provided in subsection (1). A county or municipal corporation

26  shall have no right or power to grant or deny a petition that

27  has been transferred to the Florida Land and Water

28  Adjudicatory Commission.

29         (3)  The governing body of any existing special

30  district, created to provide one or more of the public

31  improvements and community facilities authorized by this act,

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  may petition for reestablishment of the existing district as a

  2  community development district pursuant to this act. The

  3  petition shall contain the information specified in

  4  subparagraphs (1)(a)1., 3., 4., 5., 6., and 7. and shall not

  5  require payment of a fee pursuant to paragraph (1)(b). In such

  6  case, the new district so formed shall assume the existing

  7  obligations, indebtedness, and guarantees of indebtedness of

  8  the district so subsumed, and the existing district shall be

  9  terminated.

10         Section 2.  Subsection (17) is added to section

11  190.011, Florida Statutes, to read:

12         190.011  General powers.--The district shall have, and

13  the board may exercise, the following powers:

14         (17)  To enforce deed restrictions and architectural

15  review for residential properties within its boundaries, as

16  described in s. 720.305.

17         Section 3.  Section 190.048, Florida Statutes, is

18  amended to read:

19         190.048  Sale of real estate within a district;

20  required disclosure to purchaser.--Subsequent to the

21  establishment of a district under this chapter, each contract

22  for the initial sale of a parcel of real property and each

23  contract for the initial sale of a residential unit within the

24  district shall include, immediately prior to the space

25  reserved in the contract for the signature of the purchaser,

26  the following disclosure statement in boldfaced and

27  conspicuous type which is larger than the type in the

28  remaining text of the contract: "THE ...  (Name of

29  District)  COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY

30  TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS

31  PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION,

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    Florida Senate - 2003                                  SB 1778
    15-1178-03                                          See HB 885




  1  OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES

  2  AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE

  3  GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS

  4  ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES

  5  AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED

  6  FOR BY LAW. THE BOND ASSESSMENT FOR THE CURRENT FISCAL YEAR IS

  7  (amount) AND THE TOTAL OF THE OTHER ASSESSMENTS FOR THE

  8  CURRENT FISCAL YEAR IS (amount)."

  9         Section 4.  This act shall take effect upon becoming a

10  law.

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