Senate Bill sb1392c1
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Florida Senate - 2004 CS for SB 1392
By the Committee on Comprehensive Planning
316-2027-04
1 A bill to be entitled
2 An act relating to community development
3 districts; amending s. 190.012, F.S.; providing
4 for the enforcement of deed restrictions in
5 certain circumstances; amending s. 190.046,
6 F.S.; providing for additional dissolution
7 procedures; amending s. 190.006, F.S.;
8 specifying procedures for selecting a chair at
9 the initial landowners' meeting; specifying
10 requirements for proxy voting; requiring notice
11 of landowners' elections; specifying the terms
12 of certain supervisors; providing for
13 nonpartisan elections; specifying the time that
14 resident supervisors assume office; authorizing
15 the supervisor of elections to designate seat
16 numbers for resident supervisors of the board;
17 providing procedures for filing qualifying
18 papers; allowing candidates the option of
19 paying a filing fee to qualify for the
20 election; specifying payment requirements;
21 specifying the number of petition signatures
22 required to qualify for the election; requiring
23 the county canvassing board to certify the
24 results of resident elections; providing an
25 effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Subsection (4) is added to section 190.012,
30 Florida Statutes, to read:
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1 190.012 Special powers; public improvements and
2 community facilities.--The district shall have, and the board
3 may exercise, subject to the regulatory jurisdiction and
4 permitting authority of all applicable governmental bodies,
5 agencies, and special districts having authority with respect
6 to any area included therein, any or all of the following
7 special powers relating to public improvements and community
8 facilities authorized by this act:
9 (4)(a) To adopt rules necessary for the district to
10 enforce certain deed restrictions pertaining to the use and
11 operation of real property within the district. For the
12 purpose of this subsection, "deed restrictions" are those
13 covenants, conditions, and restrictions contained in any
14 applicable declarations of covenants and restrictions that
15 govern the use and operation of real property within the
16 district and, for which covenants, conditions, and
17 restrictions, there is no homeowners' association having
18 enforcement powers. The district may adopt by rule all or
19 certain portions of the deed restrictions that:
20 1. Relate to limitations or prohibitions that apply
21 only to external structures and are deemed by the district to
22 be generally beneficial for the district's landowners and for
23 which enforcement by the district is appropriate, as
24 determined by the district's board of supervisors; or
25 2. Are consistent with the requirements of a
26 development order or regulatory agency permit.
27 (b) The board may vote to adopt such rules only when
28 all of the following conditions exist:
29 1. The district's geographic area contains no
30 homeowners' associations as defined in s. 720.301(7);
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1 2. The district was in existence on the effective date
2 of this subsection, or is located within a development that
3 consists of multiple developments of regional impact and a
4 Florida Quality Development;
5 3. The majority of the board has been elected by
6 qualified electors pursuant to the provisions of s. 190.006;
7 and
8 4. The declarant in any applicable declarations of
9 covenants and restrictions has provided the board with a
10 written agreement that such rules may be adopted.
11 (c) Within 60 days after such rules taking effect, the
12 district shall record a notice of rule adoption stating
13 generally what rules were adopted and where a copy of the
14 rules may be obtained. Districts may impose fines for
15 violations of such rules and enforce such rules and fines in
16 circuit court through injunctive relief.
17 Section 2. Section 190.046, Florida Statutes, is
18 amended to read:
19 190.046 Termination, contraction, or expansion of
20 district.--
21 (1) The board may petition to contract or expand the
22 boundaries of a community development district in the
23 following manner:
24 (a) The petition shall contain the same information
25 required by s. 190.005(1)(a)1. and 8. In addition, if the
26 petitioner seeks to expand the district, the petition shall
27 describe the proposed timetable for construction of any
28 district services to the area, the estimated cost of
29 constructing the proposed services, and the designation of the
30 future general distribution, location, and extent of public
31 and private uses of land proposed for the area by the future
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1 land use plan element of the adopted local government local
2 comprehensive plan. If the petitioner seeks to contract the
3 district, the petition shall describe what services and
4 facilities are currently provided by the district to the area
5 being removed, and the designation of the future general
6 distribution, location, and extent of public and private uses
7 of land proposed for the area by the future land element of
8 the adopted local government comprehensive plan.
9 (b) For those districts initially established by
10 county ordinance, the petition for ordinance amendment shall
11 be filed with the county commission. If the land to be
12 included or excluded is, in whole or in part, within the
13 boundaries of a municipality, then the county commission shall
14 not amend the ordinance without municipal approval. A public
15 hearing shall be held in the same manner and with the same
16 public notice as other ordinance amendments. The county
17 commission shall consider the record of the public hearing and
18 the factors set forth in s. 190.005(1)(e) in making its
19 determination to grant or deny the petition for ordinance
20 amendment.
21 (c) For those districts initially established by
22 municipal ordinance pursuant to s. 190.005(2)(e), the
23 municipality shall assume the duties of the county commission
24 set forth in paragraph (b); however, if any of the land to be
25 included or excluded, in whole or in part, is outside the
26 boundaries of the municipality, then the municipality shall
27 not amend its ordinance without county commission approval.
28 (d)1. For those districts initially established by
29 administrative rule pursuant to s. 190.005(1), the petition
30 shall be filed with the Florida Land and Water Adjudicatory
31 Commission.
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1 2. Prior to filing the petition, the petitioner shall
2 pay a filing fee of $1,500 to the county and to each
3 municipality the boundaries of which are contiguous with or
4 contain all or a portion of the land within the district or
5 the proposed amendment, and submit a copy of the petition to
6 the county and to each such municipality. In addition, if the
7 district is not the petitioner, the petitioner shall file the
8 petition with the district board of supervisors.
9 3. The county and each municipality shall have the
10 option of holding a public hearing as provided by s.
11 190.005(1)(c). However, such public hearing shall be limited
12 to consideration of the contents of the petition and whether
13 the petition for amendment should be supported by the county
14 or municipality.
15 4. The district board of supervisors shall, in lieu of
16 a hearing officer, hold the local public hearing provided for
17 by s. 190.005(1)(d). This local public hearing shall be
18 noticed in the same manner as provided in s. 190.005(1)(d).
19 Within 45 days of the conclusion of the hearing, the district
20 board of supervisors shall transmit to the Florida Land and
21 Water Adjudicatory Commission the full record of the local
22 hearing, the transcript of the hearing, any resolutions
23 adopted by the local general-purpose governments, and its
24 recommendation whether to grant the petition for amendment.
25 The commission shall then proceed in accordance with s.
26 190.005(1)(e).
27 5. A rule amending a district boundary shall describe
28 the land to be added or deleted.
29 (e) In all cases, written consent of all the
30 landowners whose land is to be added to or deleted from the
31 district shall be required. The filing of the petition for
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1 expansion or contraction by the district board of supervisors
2 shall constitute consent of the landowners within the district
3 other than of landowners whose land is proposed to be added to
4 or removed from the district.
5 (f)1. During the existence of a district initially
6 established by administrative rule, petitions to amend the
7 boundaries of the district pursuant to paragraphs (a)-(e)
8 shall be limited to a cumulative total of no more than 10
9 percent of the land in the initial district, and in no event
10 shall all such petitions to amend the boundaries ever
11 encompass more than a total of 250 acres.
12 2. For districts initially established by county or
13 municipal ordinance, the limitation provided by this paragraph
14 shall be a cumulative total of no more than 50 percent of the
15 land in the initial district, and in no event shall all such
16 petitions to amend the boundaries ever encompass more than a
17 total of 500 acres.
18 3. Boundary expansions for districts initially
19 established by county or municipal ordinance shall follow the
20 procedure set forth in paragraph (b) or paragraph (c).
21 (g) Petitions to amend the boundaries of the district
22 which exceed the amount of land specified in paragraph (f)
23 shall be considered petitions to establish a new district and
24 shall follow all of the procedures specified in s. 190.005.
25 (2) The district shall remain in existence unless:
26 (a) The district is merged with another district as
27 provided in subsection (3);
28 (b) All of the specific community development systems,
29 facilities, and services that it is authorized to perform have
30 been transferred to a general-purpose unit of local government
31 in the manner provided in subsections (4), (5), and (6); or
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1 (c) The district is dissolved as provided in
2 subsection (7), or subsection (8), or subsection (9).
3 (3) The district may merge with other community
4 development districts upon filing a petition for establishment
5 of a community development district pursuant to s. 190.005 or
6 may merge with any other special districts upon filing a
7 petition for establishment of a community development district
8 pursuant to s. 190.005. The government formed by a merger
9 involving a community development district pursuant to this
10 section shall assume all indebtedness of, and receive title
11 to, all property owned by the preexisting special districts.
12 Prior to filing said petition, the districts desiring to merge
13 shall enter into a merger agreement and shall provide for the
14 proper allocation of the indebtedness so assumed and the
15 manner in which said debt shall be retired. The approval of
16 the merger agreement by the board of supervisors elected by
17 the electors of the district shall constitute consent of the
18 landowners within the district.
19 (4) The local general-purpose government within the
20 geographical boundaries of which the district lies may adopt a
21 nonemergency ordinance providing for a plan for the transfer
22 of a specific community development service from a district to
23 the local general-purpose government. The plan must provide
24 for the assumption and guarantee of the district debt that is
25 related to the service by the local general-purpose government
26 and must demonstrate the ability of the local general-purpose
27 government to provide such service:
28 (a) As efficiently as the district.
29 (b) At a level of quality equal to or higher than the
30 level of quality actually delivered by the district to the
31 users of the service.
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1 (c) At a charge equal to or lower than the actual
2 charge by the district to the users of the service.
3 (5) No later than 30 days following the adoption of a
4 transfer plan ordinance, the board of supervisors may file, in
5 the circuit court for the county in which the local
6 general-purpose government that adopted the ordinance is
7 located, a petition seeking review by certiorari of the
8 factual and legal basis for the adoption of the transfer plan
9 ordinance.
10 (6) Upon the transfer of all of the community
11 development services of the district to a general-purpose unit
12 of local government, the district shall be terminated in
13 accordance with a plan of termination which shall be adopted
14 by the board of supervisors and filed with the clerk of the
15 circuit court.
16 (7) If, within 5 years after the effective date of the
17 rule or ordinance establishing creating the district, a
18 landowner has not received a development permit, as defined in
19 chapter 380, on some part or all of the area covered by the
20 district, then the district will be automatically dissolved
21 and a judge of the circuit court shall cause a statement to
22 that effect to be filed in the public records.
23 (8) In the event the district has become inactive
24 pursuant to s. 189.4044, the respective board of county
25 commissioners or city commission shall be informed and it
26 shall take appropriate action.
27 (9) If a district has no outstanding financial
28 obligations and no operating or maintenance responsibilities,
29 upon the petition of the district, the district may be
30 dissolved by a nonemergency ordinance of the general-purpose
31 local governmental entity that established the district or, if
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1 the district was established by rule of the Florida Land and
2 Water Adjudicatory Commission, the district may be dissolved
3 by repeal of such rule of the commission.
4 Section 3. Section 190.006, Florida Statutes, is
5 amended to read:
6 190.006 Board of supervisors; members and meetings.--
7 (1) The board of the district shall exercise the
8 powers granted to the district pursuant to this act. The board
9 shall consist of five members; except as otherwise provided
10 herein, each member shall hold office for a term of 2 years or
11 4 years, as provided in this section, and until a successor is
12 chosen and qualifies. The members of the board must be
13 residents of the state and citizens of the United States.
14 (2)(a) Within 90 days following the effective date of
15 the rule or ordinance establishing the district, there shall
16 be held a meeting of the landowners of the district for the
17 purpose of electing five supervisors for the district. Notice
18 of the landowners' meeting shall be published once a week for
19 2 consecutive weeks in a newspaper which is in general
20 circulation in the area of the district, the last day of such
21 publication to be not fewer than 14 days or more than 28 days
22 before the date of the election. The landowners, when
23 assembled at such meeting, shall organize by electing a chair
24 who shall conduct the meeting. The chair may be any person
25 present at the meeting. If the chair is a landowner or proxy
26 holder of a landowner, he or she may nominate candidates and
27 make and second motions.
28 (b) At such meeting, each landowner shall be entitled
29 to cast one vote per acre of land owned by him or her and
30 located within the district for each person to be elected. A
31 landowner may vote in person or by proxy in writing. Each
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1 proxy must be signed by one of the legal owners of the
2 property for which the vote is cast and must contain the typed
3 or printed name of the individual who signed the proxy; the
4 street address, legal description of the property, or tax
5 parcel identification number; and the number of authorized
6 votes. If the proxy authorizes more than one vote, each
7 property must be listed and the number of acres of each
8 property must be included. The signature on a proxy need not
9 be notarized. A fraction of an acre shall be treated as 1
10 acre, entitling the landowner to one vote with respect
11 thereto. The two candidates receiving the highest number of
12 votes shall be elected for a period of 4 years, and the three
13 candidates receiving the next largest number of votes shall be
14 elected for a period of 2 years, with the term of office for
15 each successful candidate commencing upon election. The
16 members of the first board elected by landowners shall serve
17 their respective 4-year or 2-year terms; however, the next
18 election by landowners shall be held on the first Tuesday in
19 November. Thereafter, there shall be an election of
20 supervisors for the district every 2 years in November on a
21 date established by the board and noticed pursuant to
22 paragraph (a). The second and subsequent landowners' election
23 shall be announced at a public meeting of the board at least
24 90 days prior to the date of the landowners' meeting and shall
25 also be noticed pursuant to paragraph (a). Instructions on how
26 all landowners may participate in the election, along with
27 sample proxies, shall be provided during the board meeting
28 that announces the landowners' meeting. The two candidates
29 receiving the highest number of votes shall be elected to
30 serve for a 4-year period, and the remaining candidate elected
31 shall serve for a 2-year period.
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1 (3)(a)1. If the board proposes to exercise the ad
2 valorem taxing power authorized by s. 190.021, the district
3 board shall call an election at which the members of the board
4 of supervisors will be elected. Such election shall be held
5 in conjunction with a primary or general election unless the
6 district bears the cost of a special election. Each member
7 shall be elected by the qualified electors of the district for
8 a term of 4 years, except that, at the first such election,
9 three members shall be elected for a period of 4 years and two
10 members shall be elected for a period of 2 years. All elected
11 board members must be qualified electors of the district.
12 2.a. Regardless of whether a district has proposed to
13 levy ad valorem taxes, commencing 6 years after the initial
14 appointment of members or, for a district exceeding 5,000
15 acres in area, 10 years after the initial appointment of
16 members, the position of each member whose term has expired
17 shall be filled by a qualified elector of the district,
18 elected by the qualified electors of the district. However,
19 for those districts established after June 21, 1991, and for
20 those existing districts established after December 31, 1983,
21 which have less than 50 qualified electors on June 21, 1991,
22 sub-subparagraphs b. and c. shall apply.
23 b. For those districts to which this sub-subparagraph
24 applies If, in the 6th year after the initial appointment of
25 members, or 10 years after such initial appointment for
26 districts exceeding 5,000 acres in area, there are not at
27 least 250 qualified electors in the district, or for a
28 district exceeding 5,000 acres, there are not at least 500
29 qualified electors, members of the board shall continue to be
30 elected by landowners.
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1 b. After the 6th or 10th year, once a district reaches
2 250 or 500 qualified electors, respectively, then the position
3 of two board members whose terms are expiring shall be filled
4 by qualified electors of the district, elected by the
5 qualified electors of the district for 4-year terms. One of
6 these board members shall serve a 2-year term, and the other a
7 4-year term. The remaining board member whose term is
8 expiring shall be elected for a 4-year term by the landowners
9 and is not required to be a qualified elector. Thereafter, as
10 terms expire, board members shall be qualified electors
11 elected by qualified electors of the district for a term of 4
12 years.
13 c. On or before July 15 of each year, the board shall
14 determine the number of qualified electors in the district as
15 of the immediately preceding June 1. The board shall use and
16 rely upon the official records maintained by the supervisor of
17 elections and property appraiser or tax collector in each
18 county in making this determination. Such determination shall
19 be made at a properly noticed meeting of the board and shall
20 become a part of the official minutes of the district.
21 (b) Elections of board members by qualified electors
22 held pursuant to this subsection shall be nonpartisan and
23 shall be conducted in the manner prescribed by law for holding
24 general elections. Board members shall assume the office on
25 the second Tuesday following their election.
26 (c) Candidates seeking election to office by qualified
27 electors under this subsection shall conduct their campaigns
28 in accordance with the provisions of chapter 106 and shall
29 file qualifying papers and qualify for individual seats in
30 accordance with s. 99.061. Candidates shall pay a qualifying
31 fee, which shall consist of a filing fee and an election
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1 assessment or, as an alternative, shall file a petition signed
2 by not less than 1 percent of the registered voters of the
3 district, Candidates shall file petitions, and take the oath
4 required in s. 99.021, with the supervisor of elections in the
5 county affected by such candidacy. The amount of the filing
6 fee is 3 percent of $4,800; however, if the electors have
7 provided for compensation pursuant to subsection (8), the
8 amount of the filing fee is 3 percent of the maximum annual
9 compensation so provided. The amount of the election
10 assessment is 1 percent of $4,800; however, if the electors
11 have provided for compensation pursuant to subsection (8), the
12 amount of the election assessment is 1 percent of the maximum
13 annual compensation so provided. The filing fee and election
14 assessment shall be distributed as provided in s. 105.031(3).
15 (d) The supervisor of elections shall appoint the
16 inspectors and clerks of elections, prepare and furnish the
17 ballots, designate polling places, and canvass the returns of
18 the election of board members by qualified electors. The
19 county canvassing board of county commissioners shall declare
20 and certify the results of the election.
21 (4) Members of the board shall be known as supervisors
22 and, upon entering into office, shall take and subscribe to
23 the oath of office as prescribed by s. 876.05. They shall
24 hold office for the terms for which they were elected or
25 appointed and until their successors are chosen and qualified.
26 If, during the term of office, a vacancy occurs, the remaining
27 members of the board shall fill the vacancy by an appointment
28 for the remainder of the unexpired term.
29 (5) A majority of the members of the board constitutes
30 a quorum for the purposes of conducting its business and
31 exercising its powers and for all other purposes. Action
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1 taken by the district shall be upon a vote of a majority of
2 the members present unless general law or a rule of the
3 district requires a greater number.
4 (6) As soon as practicable after each election or
5 appointment, the board shall organize by electing one of its
6 members as chair and by electing a secretary, who need not be
7 a member of the board, and such other officers as the board
8 may deem necessary.
9 (7) The board shall keep a permanent record book
10 entitled "Record of Proceedings of ...(name of district)...
11 Community Development District," in which shall be recorded
12 minutes of all meetings, resolutions, proceedings,
13 certificates, bonds given by all employees, and any and all
14 corporate acts. The record book shall at reasonable times be
15 opened to inspection in the same manner as state, county, and
16 municipal records pursuant to chapter 119. The record book
17 shall be kept at the office or other regular place of business
18 maintained by the board in the county or municipality in which
19 the district is located or within the boundaries of a
20 development of regional impact or Florida Quality Development,
21 or combination of a development of regional impact and Florida
22 Quality Development, which includes the district.
23 (8) Each supervisor shall be entitled to receive for
24 his or her services an amount not to exceed $200 per meeting
25 of the board of supervisors, not to exceed $4,800 per year per
26 supervisor, or an amount established by the electors at
27 referendum. In addition, each supervisor shall receive travel
28 and per diem expenses as set forth in s. 112.061.
29 (9) All meetings of the board shall be open to the
30 public and governed by the provisions of chapter 286.
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1 Section 4. This act shall take effect upon becoming a
2 law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 1392
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7 The CS differs from the bill as filed in that it amends s.
190.012, F.S., to allow certain CDD governing boards to
8 enforce deed restrictions in specified circumstances.
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