Bill Text: HB 0533

HB 0533

2004

A bill to be entitled

An act relating to community development districts;

amending s. 190.046, F.S.; providing for additional

dissolution procedures; amending s. 190.006, F.S.;

specifying procedures for selecting a chair at the initial

landowners' meeting; specifying requirements for proxy

voting; requiring notice of landowners' elections;

specifying the terms of certain supervisors; providing for

nonpartisan elections; specifying the time that resident

supervisors assume office; authorizing the supervisor of

elections to designate seat numbers for resident

supervisors of the board; providing procedures for filing

qualifying papers; allowing candidates the option of

paying a filing fee to qualify for the election;

specifying payment requirements; specifying the number of

petition signatures required to qualify for the election;

requiring the county canvassing board to certify the

results of resident elections; providing an effective

date.

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

Section 1. Paragraphs (b) and (c) of subsection (2) and

subsections (7) and (8) of section 190.046, Florida Statutes,

are amended, and subsection (9) is added to said section, to

read:

190.046 Termination, contraction, or expansion of

district.--

(2) The district shall remain in existence unless:

(b) All of the specific community development systems,

facilities, andservices that it is authorized to perform have

been transferred to a general-purpose unit of local government

in the manner provided in subsections(4), (5), and (6); or

(7), or subsection (8), or subsection (9).

(7) If, within 5 years after the effective date of the

rule or ordinance establishing ~~creating~~the district, a

landowner has not received a development permit, as defined in

chapter 380, on some part or all of the area covered by the

district, then the district will be automatically dissolved and

a judge of the circuit court shall cause a statement to that

effect to be filed in the public records.

(8) In the event the district has become inactive pursuant

to s. 189.4044, the respective board of county commissioners or

city commissionshall be informed and it shall take appropriate

action.

(9) If a district has no outstanding financial obligations

and no operating or maintenance responsibilities, upon the

petition of the district, the district may be dissolved by a

nonemergency ordinance of the general-purpose local governmental

entity that established the district or, if the district was

established by rule of the Florida Land and Water Adjudicatory

Commission, the district may be dissolved by repeal of such rule

of the commission.

Section 2. Subsections (1), (2), and (3) of section

190.006, Florida Statutes, are amended to read:

190.006 Board of supervisors; members and meetings.--

(1) The board of the district shall exercise the powers

granted to the district pursuant to this act. The board shall

consist of five members; except as otherwise provided herein,

each member shall hold office for a term of 2 years or 4 years,

as provided in this section,and until a successor is chosen and

qualifies. The members of the board must be residents of the

state and citizens of the United States.

(2)(a) Within 90 days following the effective date of the

rule or ordinance establishing the district, there shall be held

a meeting of the landowners of the district for the purpose of

electing five supervisors for the district. Notice of the

landowners' meeting shall be published once a week for 2

consecutive weeks in a newspaper which is in general circulation

in the area of the district, the last day of such publication to

be not fewer than 14 days or more than 28 days before the date

of the election. The landowners, when assembled at such

meeting, shall organize by electing a chair who shall conduct

the meeting. The chair may be any person present at the meeting.

If the chair is a landowner or proxy holder of a landowner, he

or she may nominate candidates and make and second motions.

(b) At such meeting, each landowner shall be entitled to

cast one vote per acre of land owned by him or her and located

within the district for each person to be elected. A landowner

may vote in person or by proxy in writing. Each proxy must be

signed by one of the legal owners of the property for which the

vote is cast and must contain the typed or printed name of the

individual who signed the proxy; the street address, legal

description of the property, or tax parcel identification

number; and the number of authorized votes. If the proxy

authorizes more than one vote, each property must be listed and

the number of acres of each property must be included. The

signature on a proxy need not be notarized.A fraction of an

acre shall be treated as 1 acre, entitling the landowner to one

vote with respect thereto. The two candidates receiving the

highest number of votes shall be elected for a period of 4

years, and the three candidates receiving the next largest

number of votes shall be elected for a period of 2 years, with

the term of office for each successful candidate commencing upon

election. The members of the first board elected by landowners

shall serve their respective 4-year or 2-year terms; however,

the next election by landowners shall be held on the first

Tuesday in November. Thereafter, there shall be an election of

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supervisors for the district every 2 years in November on a date

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established by the board and noticed pursuant to paragraph (a).

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The second and subsequent landowners' election shall be

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announced at a public meeting of the board at least 90 days

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prior to the date of the landowners' meeting and shall also be

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noticed pursuant to paragraph (a). Instructions on how all

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landowners may participate in the election, along with sample

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proxies, shall be provided during the board meeting that

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announces the landowners' meeting.The two candidates receiving

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the highest number of votes shall be elected to serve for a 4-

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year period, and the remaining candidate elected shall serve for

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a 2-year period.

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(3)(a)1. If the board proposes to exercise the ad valorem

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taxing power authorized by s. 190.021, the district board shall

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call an election at which the members of the board of

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supervisors will be elected. Such election shall be held in

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conjunction with a primary or general election unless the

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district bears the cost of a special election. Each member

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shall be elected by the qualified electors of the district for a

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term of 4 years, except that, at the first such election, three

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members shall be elected for a period of 4 years and two members

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shall be elected for a period of 2 years. All elected board

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members must be qualified electors of the district.

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2.a. Regardless of whether a district has proposed to levy

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ad valorem taxes, commencing 6 years after the initial

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appointment of members or, for a district exceeding 5,000 acres

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in area, 10 years after the initial appointment of members, the

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position of each member whose term has expired shall be filled

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by a qualified elector of the district, elected by the qualified

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electors of the district. However, for those districts

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established after June 21, 1991, and for those existing

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districts established after December 31, 1983, which have less

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than 50 qualified electors on June 21, 1991, sub-subparagraphs

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b. and c. shall apply.

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~~b. For those districts to which this sub-subparagraph~~

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~~applies~~If, in the 6th year after the initial appointment of

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members, or 10 years after such initial appointment for

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districts exceeding 5,000 acres in area, there are not at least

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250 qualified electors in the district, or for a district

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exceeding 5,000 acres, there are not at least 500 qualified

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electors, members of the board shall continue to be elected by

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landowners.

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b.After the 6th or 10th year, once a district reaches 250

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or 500 qualified electors, respectively, then the position of

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two board members whose terms are expiring shall be filled by

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qualified electors of the district, elected by the qualified

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electors of the district. ~~One of these board members shall serve~~

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~~a 2-year term, and the other a 4-year term.~~The remaining board

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member whose term is expiring shall be elected for a 4-year term

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by the landowners and is not required to be a qualified elector.

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Thereafter, as terms expire, board members shall be qualified

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electors elected by qualified electors of the district for a

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term of 4 years.

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c. On or before July 15 of each year, the board shall

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determine the number of qualified electors in the district as of

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the immediately preceding June 1. The board shall use and rely

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upon the official records maintained by the supervisor of

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elections and property appraiser or tax collector in each county

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in making this determination. Such determination shall be made

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at a properly noticed meeting of the board and shall become a

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part of the official minutes of the district.

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(b) Elections of board members by qualified electors held

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pursuant to this subsection shall be nonpartisan and shall be

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conducted in the manner prescribed by law for holding general

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elections. Board members shall assume the office on the second

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Tuesday following their election.

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electors under this subsection shall conduct their campaigns in

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accordance with the provisions of chapter 106 and shall file

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qualifying papers and qualify for individual seats in accordance

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with s. 99.061. Candidates shall pay a qualifying fee, which

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shall consist of a filing fee and an election assessment, or, as

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an alternative, shall file a petition signed by not less than 1

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percent of the registered voters of the district ~~file petitions~~,

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and take the oath required in s. 99.021, with the supervisor of

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elections in the county affected by such candidacy. The amount

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of the filing fee is 3 percent of $4,800; however, if the

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electors have provided for compensation pursuant to subsection

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(8), the amount of the filing fee is 3 percent of the maximum

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annual compensation so provided. The amount of the election

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assessment is 1 percent of $4,800; however, if the electors have

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provided for compensation pursuant to subsection (8), the amount

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of the election assessment is 1 percent of the maximum annual

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compensation so provided. The filing fee and election assessment

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shall be distributed as provided in s. 105.031(3).

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(d) The supervisor of elections shall appoint the

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inspectors and clerks of elections, prepare and furnish the

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ballots, designate polling places, and canvass the returns of

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the election of board members by qualified electors. The county

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canvassing board ~~of county commissioners~~shall declare and

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certify the results of the election.

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Section 3. This act shall take effect upon becoming a law.