Senate Bill sb1862

    Florida Senate - 2003                                  SB 1862

    By Senator Diaz de la Portilla





    36-712-03

  1                      A bill to be entitled

  2         An act relating to community development

  3         districts; amending s. 190.011, F.S.; providing

  4         for such districts to collect ground rent from

  5         owners of long-term ground leases with

  6         governmental entities; amending s. 190.021,

  7         F.S.; providing for the inclusion in certain

  8         maintenance special assessments the ground rent

  9         to be collected by a district; providing an

10         effective date.

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

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14         Section 1.  Subsection (7) of section 190.011, Florida

15  Statutes, is amended to read:

16         190.011  General powers.--The district shall have, and

17  the board may exercise, the following powers:

18         (7)(a)  To hold, control, and acquire by donation,

19  purchase, or condemnation, or dispose of, any public

20  easements, dedications to public use, platted reservations for

21  public purposes, or any reservations for those purposes

22  authorized by this act and to make use of such easements,

23  dedications, or reservations for any of the purposes

24  authorized by this act.

25         (b)  When real property in the district is owned by a

26  governmental entity and subject to a ground lease as described

27  in s. 190.003(13), to collect ground rent from landowners

28  pursuant to contract with such governmental entity, including

29  the levy of maintenance special assessments pursuant to s.

30  190.021(3).

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1862
    36-712-03




 1         Section 2.  Subsection (3) of section 190.021, Florida

 2  Statutes, is amended to read:

 3         190.021  Taxes; non-ad valorem assessments.--

 4         (3)  MAINTENANCE SPECIAL ASSESSMENTS.--

 5         (a)  To maintain and preserve the facilities and

 6  projects of the district, the board may levy a maintenance

 7  special assessment.  This assessment may be evidenced to and

 8  certified to the property appraiser by the board of

 9  supervisors not later than August 31 of each year and shall be

10  entered by the property appraiser on the county tax rolls and

11  shall be collected and enforced by the tax collector in the

12  same manner and at the same time as county taxes, and the

13  proceeds therefrom shall be paid to the district.  However,

14  this subsection does shall not prohibit the district in its

15  discretion from using the method prescribed in either s.

16  197.363 or s. 197.3632 for collecting and enforcing these

17  assessments.  These Maintenance special assessments are shall

18  be a lien on the property against which assessed until paid

19  and are shall be enforceable in like manner as county taxes.

20  The amount of the maintenance special assessment for the

21  exercise of the district's powers under ss. 190.011 and

22  190.012 shall be determined by the board based upon a report

23  of the district's engineer and assessed by the board upon such

24  lands, which may be all of the lands within the district

25  benefited by the maintenance thereof, apportioned between the

26  benefited lands in proportion to the benefits received by each

27  tract of land.

28         (b)  When real property in the district is owned by a

29  governmental entity and subject to a ground lease as described

30  in s. 190.003(13), the district may, pursuant to a contract

31  with a governmental entity, include in the maintenance special

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    Florida Senate - 2003                                  SB 1862
    36-712-03




 1  assessment the amount of any ground rent due to be collected

 2  each year by the district on behalf of the governmental

 3  entity.

 4         Section 3.  This act shall take effect July 1, 2003.

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 7                          SENATE SUMMARY

 8    Provides for community development districts to collect
      ground rent from owners of long-term ground leases with
 9    governmental entities and provides for such ground rent
      to be included in certain maintenance special
10    assessments.

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CODING: Words stricken are deletions; words underlined are additions.