Bill Text: HB 0885

HB 0885

2003

A bill to be entitled

An act relating to community development districts;

amending s. 190.005, F.S.; increasing the size of

community development districts established by county

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

district to enforce deed restrictions and architectural

review for residential properties within its boundaries;

amending s. 190.048, F.S.; revising and clarifying

requirements relating to disclosure to purchasers of real

estate within a district; providing an effective date.

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

Section 1. Section 190.005, Florida Statutes, is amended

to read:

190.005 Establishment of district.--

(1) The exclusive and uniform method for the establishment

of a community development district with a size of 2,500~~1,000~~

acres or more shall be pursuant to a rule, adopted under chapter

120 by the Florida Land and Water Adjudicatory Commission,

granting a petition for the establishment of a community

development district.

(a) A petition for the establishment of a community

development district shall be filed by the petitioner with the

Florida Land and Water Adjudicatory Commission. The petition

shall contain:

1. A metes and bounds description of the external

boundaries of the district. Any real property within the

external boundaries of the district which is to be excluded from

the district shall be specifically described, and the last known

address of all owners of such real property shall be listed. The

petition shall also address the impact of the proposed district

on any real property within the external boundaries of the

district which is to be excluded from the district.

2. The written consent to the establishment of the

district by all landowners whose real property is to be included

in the district or documentation demonstrating that the

petitioner has control by deed, trust agreement, contract, or

option of 100 percent of the real property to be included in the

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

is owned by a governmental entity and subject to a ground lease

as described in s. 190.003(13), the written consent by such

governmental entity.

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

of the board of supervisors, who shall serve in that office

until replaced by elected members as provided in s. 190.006.

4. The proposed name of the district.

5. A map of the proposed district showing current major

trunk water mains and sewer interceptors and outfalls if in

existence.

6. Based upon available data, the proposed timetable for

construction of the district services and the estimated cost of

constructing the proposed services. These estimates shall be

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

subject to change.

7. A designation of the future general distribution,

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

for the area within the district by the future land use plan

element of the effective local government comprehensive plan of

which all mandatory elements have been adopted by the applicable

general-purpose local government in compliance with the Local

Government Comprehensive Planning and Land Development

Regulation Act.

8. A statement of estimated regulatory costs in accordance

with the requirements of s. 120.541.

(b) Prior to filing the petition, the petitioner shall:

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

municipality the boundaries of which are contiguous with, or

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

boundaries of the district.

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

municipality the boundaries of which are contiguous with, or

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

boundaries of the district.

public hearing to consider the relationship of the petition to

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

be concluded within 45 days after the date the petition is filed

unless an extension of time is requested by the petitioner and

granted by the county or municipality. The county or

municipality holding such public hearing may by resolution

express its support of, or objection to the granting of, the

petition by the Florida Land and Water Adjudicatory Commission.

A resolution must base any objection to the granting of the

petition upon the factors specified in paragraph (e). Such

county or municipality may present its resolution of support or

objection at the Florida Land and Water Adjudicatory Commission

hearing and shall be afforded an opportunity to present relevant

information in support of its resolution.

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

conducted by a hearing officer in conformance with the

applicable requirements and procedures of the Administrative

Procedure Act. The hearing shall include oral and written

comments on the petition pertinent to the factors specified in

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

location in the county in which the community development

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

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

week for the 4 successive weeks immediately prior to the

100

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

101

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

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district, which description shall include a map showing clearly

103

the area to be covered by the district, and any other relevant

104

information which the establishing governing bodies may require.

105

The advertisement shall not be placed in that portion of the

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newspaper where legal notices and classified advertisements

107

appear. The advertisement shall be published in a newspaper of

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general paid circulation in the county and of general interest

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and readership in the community, not one of limited subject

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matter, pursuant to chapter 50. Whenever possible, the

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advertisement shall appear in a newspaper that is published at

112

least 5 days a week, unless the only newspaper in the community

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is published fewer than 5 days a week. All affected units of

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general-purpose local government and the general public shall be

115

given an opportunity to appear at the hearing and present oral

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or written comments on the petition.

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(e) The Florida Land and Water Adjudicatory Commission

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shall consider the entire record of the local hearing, the

119

transcript of the hearing, resolutions adopted by local general-

120

purpose governments as provided in paragraph (c), and the

121

following factors and make a determination to grant or deny a

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petition for the establishment of a community development

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district:

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1. Whether all statements contained within the petition

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have been found to be true and correct.

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2. Whether the establishment of the district is

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inconsistent with any applicable element or portion of the state

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comprehensive plan or of the effective local government

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comprehensive plan.

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3. Whether the area of land within the proposed district

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is of sufficient size, is sufficiently compact, and is

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sufficiently contiguous to be developable as one functional

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interrelated community.

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4. Whether the district is the best alternative available

135

for delivering community development services and facilities to

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the area that will be served by the district.

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5. Whether the community development services and

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facilities of the district will be incompatible with the

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capacity and uses of existing local and regional community

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development services and facilities.

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6. Whether the area that will be served by the district is

142

amenable to separate special-district government.

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(f) The Florida Land and Water Adjudicatory Commission

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

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any provision of the uniform community development district

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

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in s. 190.012. A rule establishing a community development

148

district shall:

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1. Describe the external boundaries of the district and

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any real property within the external boundaries of the district

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which is to be excluded.

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2. Name five persons designated to be the initial members

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of the board of supervisors.

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3. Name the district.

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(g) The Florida Land and Water Adjudicatory Commission may

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adopt rules setting forth its procedures for considering

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petitions to establish, expand, modify, or delete uniform

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community development districts or portions thereof consistent

159

with the provisions of this section.

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(2) The exclusive and uniform method for the establishment

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of a community development district of less than 2,500~~1,000~~

162

acres in size shall be pursuant to an ordinance adopted by the

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county commission of the county having jurisdiction over the

164

majority of land in the area in which the district is to be

165

located granting a petition for the establishment of a community

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development district as follows:

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(a) A petition for the establishment of a community

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development district shall be filed by the petitioner with the

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county commission. The petition shall contain the same

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

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(b) A public hearing on the petition shall be conducted by

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the county commission in accordance with the requirements and

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procedures of paragraph (1)(d).

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public hearing and the factors set forth in paragraph (1)(e) in

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making its determination to grant or deny a petition for the

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establishment of a community development district.

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(d) The county commission shall not adopt any ordinance

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which would expand, modify, or delete any provision of the

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uniform community development district charter as set forth in

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ss. 190.006-190.041. An ordinance establishing a community

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development district shall include the matters provided for in

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paragraph (1)(f).

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

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district is within the territorial jurisdiction of a municipal

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corporation, then the petition requesting establishment of a

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community development district under this act shall be filed by

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the petitioner with that particular municipal corporation. In

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such event, the duties of the county, hereinabove described, in

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action upon the petition shall be the duties of the municipal

191

corporation. If any of the land area of a proposed district is

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within the land area of a municipality, the county commission

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may not create the district without municipal approval.

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(f) Notwithstanding any other provision of this

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subsection, within 90 days after a petition for the

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establishment of a community development district has been filed

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pursuant to this subsection, the governing body of the county or

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municipal corporation may transfer the petition to the Florida

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Land and Water Adjudicatory Commission, which shall make the

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determination to grant or deny the petition as provided in

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subsection (1). A county or municipal corporation shall have no

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right or power to grant or deny a petition that has been

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transferred to the Florida Land and Water Adjudicatory

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Commission.

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(3) The governing body of any existing special district,

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created to provide one or more of the public improvements and

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community facilities authorized by this act, may petition for

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reestablishment of the existing district as a community

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development district pursuant to this act. The petition shall

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contain the information specified in subparagraphs (1)(a)1., 3.,

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4., 5., 6., and 7. and shall not require payment of a fee

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pursuant to paragraph (1)(b). In such case, the new district so

213

formed shall assume the existing obligations, indebtedness, and

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guarantees of indebtedness of the district so subsumed, and the

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existing district shall be terminated.

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Section 2. Subsection (17) is added to section 190.011,

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Florida Statutes, to read:

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

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board may exercise, the following powers:

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(17) To enforce deed restrictions and architectural review

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for residential properties within its boundaries, as described

222

in s. 720.305.

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Section 3. Section 190.048, Florida Statutes, is amended

224

to read:

225

190.048 Sale of real estate within a district; required

226

disclosure to purchaser.--Subsequent to the establishment of a

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district under this chapter, each contract for the initial sale

228

of a parcel of real property and each contract for the initial

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sale of a residential unit within the district shall include,

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immediately prior to the space reserved in the contract for the

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signature of the purchaser, the following disclosure statement

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in boldfaced and conspicuous type which is larger than the type

233

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

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District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY

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

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PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION,

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OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES

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AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE

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GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE

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IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND

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ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY

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LAW. THE BOND ASSESSMENT FOR THE CURRENT FISCAL YEAR IS (amount)

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AND THE TOTAL OF THE OTHER ASSESSMENTS FOR THE CURRENT FISCAL

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YEAR IS (amount)."

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