HB 0533

CS

CHAMBER ACTION

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

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