| 1 | Representative Kottkamp offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 1410 and 1411, insert: |
| 5 | Section 18. Subsection (4) is added to section 190.012, |
| 6 | Florida Statutes, to read: |
| 7 | 190.012 Special powers; public improvements and community |
| 8 | facilities.--The district shall have, and the board may |
| 9 | exercise, subject to the regulatory jurisdiction and permitting |
| 10 | authority of all applicable governmental bodies, agencies, and |
| 11 | special districts having authority with respect to any area |
| 12 | included therein, any or all of the following special powers |
| 13 | relating to public improvements and community facilities |
| 14 | authorized by this act: |
| 15 | (4)(a) To adopt rules necessary for the district to |
| 16 | enforce certain deed restrictions pertaining to the use and |
| 17 | operation of real property within the district. For the purpose |
| 18 | of this subsection, "deed restrictions" are those covenants, |
| 19 | conditions, and restrictions contained in any applicable |
| 20 | declaration of covenants and restrictions that governs the use |
| 21 | and operation of real property within the district and for which |
| 22 | covenants, conditions, and restrictions there is no homeowners' |
| 23 | association or property owners' association having respective |
| 24 | enforcement powers. The district may adopt by rule all or |
| 25 | certain portions of the deed restrictions that: |
| 26 | 1. Relate to limitations or prohibitions that apply only |
| 27 | to external structures and are deemed by the district to be |
| 28 | generally beneficial for the district's landowners and for which |
| 29 | enforcement by the district is appropriate, as determined by the |
| 30 | district's board of supervisors; or |
| 31 | 2. Are consistent with the requirements of a development |
| 32 | order or regulatory agency permit. |
| 33 | (b) The board may vote to adopt such rules only when all |
| 34 | of the following conditions exist: |
| 35 | 1. The district's geographic area contains no homeowners' |
| 36 | associations as defined in s. 720.301(7). |
| 37 | 2. The district was in existence on the effective date of |
| 38 | this subsection or is located within a development that consists |
| 39 | of multiple developments of regional impact and a Florida |
| 40 | Quality Development. |
| 41 | 3. The majority of the board has been elected by qualified |
| 42 | electors pursuant to the provisions of s. 190.006. |
| 43 | 4. The declarant in any applicable declaration of |
| 44 | covenants and restrictions has provided the board with a written |
| 45 | agreement that such rules may be adopted. A memorandum of the |
| 46 | agreement shall be recorded in the public records. |
| 47 | (c) Within 60 days after such rules taking effect, the |
| 48 | district shall record a notice of rule adoption stating |
| 49 | generally what rules were adopted and where a copy of the rules |
| 50 | may be obtained. Districts may impose fines for violations of |
| 51 | such rules and enforce such rules and fines in circuit court |
| 52 | through injunctive relief. |
| 53 | Section 19. Subsections (2), (7), and (8) of section |
| 54 | 190.046, Florida Statutes, are amended, and subsection (9) is |
| 55 | added to said section, to read: |
| 56 | 190.046 Termination, contraction, or expansion of |
| 57 | district.-- |
| 58 | (2) The district shall remain in existence unless: |
| 59 | (a) The district is merged with another district as |
| 60 | provided in subsection (3); |
| 61 | (b) All of the specific community development systems, |
| 62 | facilities, and services that it is authorized to perform have |
| 63 | been transferred to a general-purpose unit of local government |
| 64 | in the manner provided in subsections (4), (5), and (6); or |
| 65 | (c) The district is dissolved as provided in subsection |
| 66 | (7), or subsection (8), or subsection (9). |
| 67 | (7) If, within 5 years after the effective date of the |
| 68 | rule or ordinance establishing creating the district, a |
| 69 | landowner has not received a development permit, as defined in |
| 70 | chapter 380, on some part or all of the area covered by the |
| 71 | district, then the district will be automatically dissolved and |
| 72 | a judge of the circuit court shall cause a statement to that |
| 73 | effect to be filed in the public records. |
| 74 | (8) In the event the district has become inactive pursuant |
| 75 | to s. 189.4044, the respective board of county commissioners or |
| 76 | city commission shall be informed and it shall take appropriate |
| 77 | action. |
| 78 | (9) If a district has no outstanding financial obligations |
| 79 | and no operating or maintenance responsibilities, upon the |
| 80 | petition of the district, the district may be dissolved by a |
| 81 | nonemergency ordinance of the general-purpose local governmental |
| 82 | entity that established the district or, if the district was |
| 83 | established by rule of the Florida Land and Water Adjudicatory |
| 84 | Commission, the district may be dissolved by repeal of such rule |
| 85 | of the commission. |
| 86 | Section 20. Subsections (1), (2), and (3) of section |
| 87 | 190.006, Florida Statutes, are amended to read: |
| 88 | 190.006 Board of supervisors; members and meetings.-- |
| 89 | (1) The board of the district shall exercise the powers |
| 90 | granted to the district pursuant to this act. The board shall |
| 91 | consist of five members; except as otherwise provided herein, |
| 92 | each member shall hold office for a term of 2 years or 4 years |
| 93 | as provided in this section and until a successor is chosen and |
| 94 | qualifies. The members of the board must be residents of the |
| 95 | state and citizens of the United States. |
| 96 | (2)(a) Within 90 days following the effective date of the |
| 97 | rule or ordinance establishing the district, there shall be held |
| 98 | a meeting of the landowners of the district for the purpose of |
| 99 | electing five supervisors for the district. Notice of the |
| 100 | landowners' meeting shall be published once a week for 2 |
| 101 | consecutive weeks in a newspaper which is in general circulation |
| 102 | in the area of the district, the last day of such publication to |
| 103 | be not fewer than 14 days or more than 28 days before the date |
| 104 | of the election. The landowners, when assembled at such meeting, |
| 105 | shall organize by electing a chair who shall conduct the |
| 106 | meeting. The chair may be any person present at the meeting. If |
| 107 | the chair is a landowner or proxy holder of a landowner, he or |
| 108 | she may nominate candidates and make and second motions. |
| 109 | (b) At such meeting, each landowner shall be entitled to |
| 110 | cast one vote per acre of land owned by him or her and located |
| 111 | within the district for each person to be elected. A landowner |
| 112 | may vote in person or by proxy in writing. Each proxy must be |
| 113 | signed by one of the legal owners of the property for which the |
| 114 | vote is cast and must contain the typed or printed name of the |
| 115 | individual who signed the proxy; the street address, legal |
| 116 | description of the property, or tax parcel identification |
| 117 | number; and the number of authorized votes. If the proxy |
| 118 | authorizes more than one vote, each property must be listed and |
| 119 | the number of acres of each property must be included. The |
| 120 | signature on a proxy need not be notarized. A fraction of an |
| 121 | acre shall be treated as 1 acre, entitling the landowner to one |
| 122 | vote with respect thereto. The two candidates receiving the |
| 123 | highest number of votes shall be elected for a period of 4 |
| 124 | years, and the three candidates receiving the next largest |
| 125 | number of votes shall be elected for a period of 2 years, with |
| 126 | the term of office for each successful candidate commencing upon |
| 127 | election. The members of the first board elected by landowners |
| 128 | shall serve their respective 4-year or 2-year terms; however, |
| 129 | the next election by landowners shall be held on the first |
| 130 | Tuesday in November. Thereafter, there shall be an election of |
| 131 | supervisors for the district every 2 years in November on a date |
| 132 | established by the board and noticed pursuant to paragraph (a). |
| 133 | The second and subsequent landowners' elections shall be |
| 134 | announced at a public meeting of the board at least 90 days |
| 135 | prior to the date of the landowners' meeting and shall also be |
| 136 | noticed pursuant to paragraph (a). Instructions on how all |
| 137 | landowners may participate in the election, along with sample |
| 138 | proxies, shall be provided during the board meeting that |
| 139 | announces the landowners' meeting. The two candidates receiving |
| 140 | the highest number of votes shall be elected to serve for a 4- |
| 141 | year period, and the remaining candidate elected shall serve for |
| 142 | a 2-year period. |
| 143 | (3)(a)1. If the board proposes to exercise the ad valorem |
| 144 | taxing power authorized by s. 190.021, the district board shall |
| 145 | call an election at which the members of the board of |
| 146 | supervisors will be elected. Such election shall be held in |
| 147 | conjunction with a primary or general election unless the |
| 148 | district bears the cost of a special election. Each member shall |
| 149 | be elected by the qualified electors of the district for a term |
| 150 | of 4 years, except that, at the first such election, three |
| 151 | members shall be elected for a period of 4 years and two members |
| 152 | shall be elected for a period of 2 years. All elected board |
| 153 | members must be qualified electors of the district. |
| 154 | 2.a. Regardless of whether a district has proposed to levy |
| 155 | ad valorem taxes, commencing 6 years after the initial |
| 156 | appointment of members or, for a district exceeding 5,000 acres |
| 157 | in area, 10 years after the initial appointment of members, the |
| 158 | position of each member whose term has expired shall be filled |
| 159 | by a qualified elector of the district, elected by the qualified |
| 160 | electors of the district. However, for those districts |
| 161 | established after June 21, 1991, and for those existing |
| 162 | districts established after December 31, 1983, which have less |
| 163 | than 50 qualified electors on June 21, 1991, this sub- |
| 164 | subparagraph and sub-subparagraphs b. and d.c. shall apply. |
| 165 | b. For those districts to which this sub-subparagraph |
| 166 | applies If, in the 6th year after the initial appointment of |
| 167 | members, or 10 years after such initial appointment for |
| 168 | districts exceeding 5,000 acres in area, there are not at least |
| 169 | 250 qualified electors in the district, or for a district |
| 170 | exceeding 5,000 acres, there are not at least 500 qualified |
| 171 | electors, members of the board shall continue to be elected by |
| 172 | landowners. |
| 173 | b. After the 6th or 10th year, once a district reaches 250 |
| 174 | or 500 qualified electors, respectively, then the positions |
| 175 | position of two board members whose terms are expiring shall be |
| 176 | filled by qualified electors of the district, elected by the |
| 177 | qualified electors of the district for 4-year terms. One of |
| 178 | these board members shall serve a 2-year term, and the other a |
| 179 | 4-year term. The remaining board member whose term is expiring |
| 180 | shall be elected for a 4-year term by the landowners and is not |
| 181 | required to be a qualified elector. Thereafter, as terms expire, |
| 182 | board members shall be qualified electors elected by qualified |
| 183 | electors of the district for terms of 4 years. |
| 184 | c. Once a district qualifies to have any of its board |
| 185 | members elected by the qualified electors of the district, the |
| 186 | initial and all subsequent elections by the qualified electors |
| 187 | of the district shall be held at the general election in |
| 188 | November. When the board determines the number of qualified |
| 189 | electors as required by sub-subparagraph d., the board shall |
| 190 | adopt a resolution if necessary to extend or reduce the terms of |
| 191 | current board members. |
| 192 | d.c. On or before June 1 July 15 of each year, the board |
| 193 | shall determine the number of qualified electors in the district |
| 194 | as of the immediately preceding April 15 June 1. The board shall |
| 195 | use and rely upon the official records maintained by the |
| 196 | supervisor of elections and property appraiser or tax collector |
| 197 | in each county in making this determination. Such determination |
| 198 | shall be made at a properly noticed meeting of the board and |
| 199 | shall become a part of the official minutes of the district. |
| 200 | (b) Elections of board members by qualified electors held |
| 201 | pursuant to this subsection shall be nonpartisan and shall be |
| 202 | conducted in the manner prescribed by law for holding general |
| 203 | elections. Board members shall assume office on the second |
| 204 | Tuesday following their election. |
| 205 | (c) Candidates seeking election to office by qualified |
| 206 | electors under this subsection shall conduct their campaigns in |
| 207 | accordance with the provisions of chapter 106 and shall file |
| 208 | qualifying papers and qualify for individual seats in accordance |
| 209 | with s. 99.061. Candidates shall pay a qualifying fee, which |
| 210 | shall consist of a filing fee and an election assessment, or, as |
| 211 | an alternative, shall file a petition signed by not less than 1 |
| 212 | percent of the registered voters of the district. Candidates |
| 213 | shall file petitions, and take the oath required in s. 99.021, |
| 214 | with the supervisor of elections in the county affected by such |
| 215 | candidacy. The amount of the filing fee is 3 percent of $4,800; |
| 216 | however, if the electors have provided for compensation pursuant |
| 217 | to subsection (8), the amount of the filing fee is 3 percent of |
| 218 | the maximum annual compensation so provided. The amount of the |
| 219 | election assessment is 1 percent of $4,800; however, if the |
| 220 | electors have provided for compensation pursuant to subsection |
| 221 | (8), the amount of the election assessment is 1 percent of the |
| 222 | maximum annual compensation so provided. The filing fee and |
| 223 | election assessment shall be distributed as provided in s. |
| 224 | 105.031(3). |
| 225 | (d) The supervisor of elections shall appoint the |
| 226 | inspectors and clerks of elections, prepare and furnish the |
| 227 | ballots, designate polling places, and canvass the returns of |
| 228 | the election of board members by qualified electors. The county |
| 229 | canvassing board of county commissioners shall declare and |
| 230 | certify the results of the election. |
| 231 |
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| 232 |
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| 233 | ================ T I T L E A M E N D M E N T ============= |
| 234 | Remove line 71 and insert: |
| 235 | internal organization of ch. 720, F.S.; amending s. 190.012, |
| 236 | F.S.; providing for the adoption of rules to enforce certain |
| 237 | deed restrictions; providing a definition; providing conditions |
| 238 | for rule adoption; requiring the district to record a notice of |
| 239 | rule adoption; authorizing the district to impose fines; |
| 240 | amending s. 190.046, F.S.; providing for additional dissolution |
| 241 | procedures; amending s. 190.006, F.S.; specifying procedures for |
| 242 | selecting a chair at the initial landowners' meeting; specifying |
| 243 | requirements for proxy voting; requiring notice of landowners' |
| 244 | elections; specifying the terms of certain board members; |
| 245 | providing for nonpartisan elections; specifying the time that |
| 246 | board members assume office; providing procedures for filing |
| 247 | qualifying papers; allowing candidates the option of paying a |
| 248 | filing fee to qualify for the election; specifying payment |
| 249 | requirements; specifying the number of petition signatures |
| 250 | required to qualify for the election; requiring the county |
| 251 | canvassing board to certify the results of resident elections; |
| 252 | providing an |