HB 1491

1
A bill to be entitled
2An act relating to community development districts;
3amending s. 190.003, F.S.; revising definitions relating
4to community development districts; amending s. 190.005,
5F.S.; specifying petition and filing fee requirements for
6the establishment of districts; specifying requirements
7for the adoption of certain rules by the Florida Land and
8Water Adjudicatory Commission; providing requirements for
9the establishment of districts located in multiple
10municipalities; amending s. 190.006, F.S.; revising
11provisions for determining certain voting units for
12landowners within a district; providing procedures for
13filling district board vacancies; authorizing the board to
14appoint qualified electors to the board under certain
15circumstances; amending s. 190.007, F.S.; specifying that
16certain affiliations are not a conflict of interest for
17district board members, managers, and employees; amending
18s. 190.008, F.S.; revising timeframes and requirements for
19the preparation of proposed district budgets; amending s.
20190.009, F.S.; requiring the district to file disclosure
21documents and amendments relating to the public financing
22and maintenance of certain property in the property
23records of each county in which the district is located;
24amending s. 190.011, F.S.; revising statutory
25authorization for the enforcement of district assessments;
26amending s. 190.012, F.S.; revising district regulatory
27jurisdiction and permitting authority for certain public
28improvements and community facilities; authorizing the
29district to convey certain activities to utility
30providers; authorizing the district to adopt rules for
31enforcement of deed restrictions outside the district
32pursuant to an interlocal agreement; amending s. 190.014,
33F.S.; specifying that non-ad valorem assessments levied to
34pay interest on bond anticipation notes do not qualify as
35assessment installments; amending s. 190.021, F.S.;
36authorizing the use of combined notice of proposed
37assessments under certain circumstances; providing that
38assessments authorized under chapter 170 constitute liens
39and are subject to certain collection procedures; amending
40s. 190.033, F.S.; providing for competitive solicitation;
41authorizing the district to proceed with purchasing under
42certain circumstances; amending s. 190.046, F.S.; revising
43provisions for termination, contraction, or expansion of
44districts; specifying payment of certain fees to counties
45and municipalities; providing limitations for the
46amendment of certain district boundaries; requiring the
47written consent of certain landowners; amending s.
48190.047, F.S.; specifying the determination of population
49standards by the Department of Community Affairs for the
50purposes of incorporation or annexation of districts;
51requiring unincorporated areas to meet certain criteria
52for incorporation; requiring certain referenda to be held
53at general elections; providing effective dates.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Subsection (6), paragraph (p) of subsection
58(7), and subsections (20) and (21) of section 190.003, Florida
59Statutes, are amended to read:
60     190.003  Definitions.--As used in this chapter, the term:
61     (6)  "Community development district" means a local unit of
62special-purpose government which is created pursuant to this act
63and limited to the performance of those specialized functions
64authorized by this act; the boundaries of which are contained
65wholly within a single county; the governing head of which is a
66body created, organized, and constituted and authorized to
67function specifically as prescribed in this act for the delivery
68of urban community development services; and the formation,
69powers, governing body, operation, duration, accountability,
70requirements for disclosure, and termination of which are as
71required by general law.
72     (7)  "Cost," when used with reference to any project,
73includes, but is not limited to:
74     (p)  Payments, contributions, dedications, fair share or
75concurrency obligations, and any other exactions required as a
76condition to receive any government approval or permit necessary
77to accomplish any district purpose.
78     (20)  "Water management and control facilities" means any
79lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
80floodways, curbs, gutters, pumping stations, or any other works,
81structures, or facilities for the conservation, control,
82development, utilization, and disposal of water, and any
83purposes appurtenant, necessary, or incidental thereto. The term
84"water management and control facilities" includes all real and
85personal property and any interest therein, rights, easements,
86and franchises of any nature relating to any such water
87management and control facilities or necessary or convenient for
88the acquisition, construction, reconstruction, operation, or
89maintenance thereof.
90     (21)  "Water system" means any plant, system, facility, or
91property and additions, extensions, and improvements thereto at
92any future time constructed or acquired as part thereof, useful
93or necessary or having the present capacity for future use in
94connection with the development of sources, treatment, or
95purification and distribution of water. Without limiting the
96generality of the foregoing, the term "water system" includes
97dams, reservoirs, storage, tanks, mains, lines, valves,
98hydrants, pumping stations, laterals, and pipes for the purpose
99of carrying water to the premises connected with such system,
100and all rights, easements, and franchises of any nature relating
101to any such system and necessary or convenient for the operation
102thereof.
103     Section 2.  Paragraphs (b), (c), and (f) of subsection (1)
104and paragraphs (d) and (e) of subsection (2) of section 190.005,
105Florida Statutes, are amended to read:
106     190.005  Establishment of district.--
107     (1)  The exclusive and uniform method for the establishment
108of a community development district with a size of 1,000 acres
109or more shall be pursuant to a rule, adopted under chapter 120
110by the Florida Land and Water Adjudicatory Commission, granting
111a petition for the establishment of a community development
112district.
113     (b)  Prior to filing the petition, the petitioner shall:
114     1.  Pay a filing fee of $15,000 to the county, if located
115within an unincorporated area, or to the municipality, if
116located within an incorporated area, and to each municipality
117the boundaries of which are contiguous with, or contain all or a
118portion of the land within, the external boundaries of the
119district.
120     2.  Submit a copy of the petition to the county, if located
121within an unincorporated area, or to the municipality, if
122located within an incorporated area, and to each municipality
123the boundaries of which are contiguous with, or contain all or a
124portion of, the land within the external boundaries of the
125district.
126     3.  If land to be included within a district is located
127partially within the unincorporated area of one or more counties
128and partially within a municipality or within two or more
129municipalities, pay a $15,000 filing fee to each entity.
130     (c)  Such county and each such municipality required by law
131to receive a petition may conduct a public hearing to consider
132the relationship of the petition to the factors specified in
133paragraph (e). The public hearing shall be concluded within 45
134days after the date the petition is filed unless an extension of
135time is requested by the petitioner and granted by the county or
136municipality. The county or municipality holding such public
137hearing may by resolution express its support of, or objection
138to the granting of, the petition by the Florida Land and Water
139Adjudicatory Commission. A resolution must base any objection to
140the granting of the petition upon the factors specified in
141paragraph (e). Such county or municipality may present its
142resolution of support or objection at the Florida Land and Water
143Adjudicatory Commission hearing and shall be afforded an
144opportunity to present relevant information in support of its
145resolution.
146     (f)  The Florida Land and Water Adjudicatory Commission
147shall not adopt any rule which would expand, modify, or delete
148any provision of the uniform community development district
149charter as set forth in ss. 190.006-190.041, except as provided
150in s. 190.012. A rule establishing a community development
151district shall only contain the following:
152     1.  A metes and bounds description of Describe the external
153boundaries of the district and any real property within the
154external boundaries of the district which is to be excluded.
155     2.  The names of Name five persons designated to be the
156initial members of the board of supervisors.
157     3.  The name of the district.
158     (2)  The exclusive and uniform method for the establishment
159of a community development district of less than 1,000 acres in
160size shall be pursuant to an ordinance adopted by the county
161commission of the county having jurisdiction over the majority
162of land in the area in which the district is to be located
163granting a petition for the establishment of a community
164development district as follows:
165     (d)  The county commission shall not adopt any ordinance
166which would expand, modify, or delete any provision of the
167uniform community development district charter as set forth in
168ss. 190.006-190.041. An ordinance establishing a community
169development district shall only include the matters provided for
170in paragraph (1)(f) unless the commission approves any of the
171optional powers under s. 190.012(2) at the request of the
172petitioner.
173     (e)  If all of the land in the area for the proposed
174district is within the territorial jurisdiction of a municipal
175corporation, then the petition requesting establishment of a
176community development district under this act shall be filed by
177the petitioner with that particular municipal corporation. In
178such event, the duties of the county, hereinabove described, in
179action upon the petition shall be the duties of the municipal
180corporation. If any of the land area of a proposed district is
181within the land area of a municipality, the county commission
182may not create the district without municipal approval. If all
183of the land in the area for the proposed district, even if less
1841,000 acres, is within the territorial jurisdiction of two or
185more municipalities, the petition shall be filed with the
186Florida Land and Water Adjudicatory Commission and proceed in
187accordance with subsection (1).
188     Section 3.  Paragraph (b) of subsection (2) and paragraph
189(b) of subsection (3) of section 190.006, Florida Statutes, are
190amended to read:
191     190.006  Board of supervisors; members and meetings.--
192     (2)
193     (b)  At such meeting, each landowner shall be entitled to
194cast one vote per acre of land owned by him or her and located
195within the district for each person to be elected. A landowner
196may vote in person or by proxy in writing. Each proxy must be
197signed by one of the legal owners of the property for which the
198vote is cast and must contain the typed or printed name of the
199individual who signed the proxy; the street address, legal
200description of the property, or tax parcel identification
201number; and the number of authorized votes. If the proxy
202authorizes more than one vote, each property must be listed and
203the number of acres of each property must be included. The
204signature on a proxy need not be notarized. A fraction of an
205acre shall be treated as 1 acre, entitling the landowner to one
206vote with respect thereto. For purposes of determining voting
207interests, platted lots shall be counted individually and
208rounded up to the nearest whole acre. The acreage of platted
209lots shall not be aggregated for determining the number of
210voting units held by a landowner or a landowner's proxy. The two
211candidates receiving the highest number of votes shall be
212elected for a period of 4 years, and the three candidates
213receiving the next largest number of votes shall be elected for
214a period of 2 years, with the term of office for each successful
215candidate commencing upon election. The members of the first
216board elected by landowners shall serve their respective 4-year
217or 2-year terms; however, the next election by landowners shall
218be held on the first Tuesday in November. Thereafter, there
219shall be an election of supervisors for the district every 2
220years in November on a date established by the board and noticed
221pursuant to paragraph (a). The second and subsequent landowners'
222election shall be announced at a public meeting of the board at
223least 90 days prior to the date of the landowners' meeting and
224shall also be noticed pursuant to paragraph (a). Instructions on
225how all landowners may participate in the election, along with
226sample proxies, shall be provided during the board meeting that
227announces the landowners' meeting. The two candidates receiving
228the highest number of votes shall be elected to serve for a 4-
229year period, and the remaining candidate elected shall serve for
230a 2-year period.
231     (3)
232     (b)  Elections of board members by qualified electors held
233pursuant to this subsection shall be nonpartisan and shall be
234conducted in the manner prescribed by law for holding general
235elections. Board members shall assume the office on the second
236Tuesday following their election. If no elector qualifies for a
237seat to be filled in an election, a vacancy in that seat shall
238be declared by the board effective on the second Tuesday
239following the election. The board shall appoint a qualified
240elector to fill the vacancy. Until such appointment, the
241incumbent board member in that seat shall remain in office.
242     Section 4.  Effective October 1, 2007, subsection (1) of
243section 190.007, Florida Statutes, is amended to read:
244     190.007  Board of supervisors; general duties.--
245     (1)  The board shall employ, and fix the compensation of, a
246district manager. The district manager shall have charge and
247supervision of the works of the district and shall be
248responsible for preserving and maintaining any improvement or
249facility constructed or erected pursuant to the provisions of
250this act, for maintaining and operating the equipment owned by
251the district, and for performing such other duties as may be
252prescribed by the board. It shall not be a conflict of interest
253under chapter 112 for a board member or the district manager or
254another employee of the district to be a stockholder, officer,
255or employee of a landowner or of an entity affiliated with a
256landowner. The district manager may hire or otherwise employ and
257terminate the employment of such other persons, including,
258without limitation, professional, supervisory, and clerical
259employees, as may be necessary and authorized by the board. The
260compensation and other conditions of employment of the officers
261and employees of the district shall be as provided by the board.
262     Section 5.  Paragraph (a) of subsection (2) of section
263190.008, Florida Statutes, is amended to read:
264     190.008  Budget; reports and reviews.--
265     (2)(a)  On or before each June July 15, the district
266manager shall prepare a proposed budget for the ensuing fiscal
267year to be submitted to the board for board approval. The
268proposed budget shall include at the direction of the board an
269estimate of all necessary expenditures of the district for the
270ensuing fiscal year and an estimate of income to the district
271from the taxes, and assessments, and other revenues provided in
272this act. The board shall consider the proposed budget item by
273item and may either approve the budget as proposed by the
274district manager or modify the same in part or in whole. The
275board shall indicate its approval of the budget by resolution,
276which resolution shall provide for a hearing on the budget as
277approved. Notice of the hearing on the budget shall be published
278in a newspaper of general circulation in the area of the
279district once a week for 2 consecutive weeks, except that the
280first publication shall be not fewer than 15 days prior to the
281date of the hearing. The notice shall further contain a
282designation of the day, time, and place of the public hearing.
283At the time and place designated in the notice, the board shall
284hear all objections to the budget as proposed and may make such
285changes as the board deems necessary. At the conclusion of the
286budget hearing, the board shall, by resolution, adopt the budget
287as finally approved by the board. The budget shall be adopted
288prior to October 1 of each year.
289     Section 6.  Subsection (1) of section 190.009, Florida
290Statutes, is amended to read:
291     190.009  Disclosure of public financing.--
292     (1)  The district shall take affirmative steps to provide
293for the full disclosure of information relating to the public
294financing and maintenance of improvements to real property
295undertaken by the district. Such information shall be made
296available to all existing residents, and to all prospective
297residents, of the district. The district shall furnish each
298developer of a residential development within the district with
299sufficient copies of that information to provide each
300prospective initial purchaser of property in that development
301with a copy, and any developer of a residential development
302within the district, when required by law to provide a public
303offering statement, shall include a copy of such information
304relating to the public financing and maintenance of improvements
305in the public offering statement. The district shall file the
306disclosure documents required by this subsection and any
307amendments thereto in the property records of each county in
308which the district is located.
309     Section 7.  Subsection (14) of section 190.011, Florida
310Statutes, is amended to read:
311     190.011  General powers.--The district shall have, and the
312board may exercise, the following powers:
313     (14)  To determine, order, levy, impose, collect, and
314enforce special assessments pursuant to this act and chapter
315170. Such special assessments may, in the discretion of the
316district, be collected and enforced pursuant to the provisions
317of ss. 197.3631, 197.3632, and 197.3635, or chapter 173 170.
318     Section 8.  Paragraph (d) of subsection (1), subsection
319(2), and paragraph (a) of subsection (4) of section 190.012,
320Florida Statutes, are amended, and paragraph (h) is added to
321subsection (1) of that section, to read:
322     190.012  Special powers; public improvements and community
323facilities.--The district shall have, and the board may
324exercise, subject to the regulatory jurisdiction and permitting
325authority of all applicable governmental bodies, agencies, and
326special districts having authority with respect to any area
327included therein, any or all of the following special powers
328relating to public improvements and community facilities
329authorized by this act:
330     (1)  To finance, fund, plan, establish, acquire, construct
331or reconstruct, enlarge or extend, equip, operate, and maintain
332systems, facilities, and basic infrastructures for the
333following:
334     (d)1.  District roads equal to or exceeding the applicable
335specifications of the county in which such district roads are
336located, roads and improvements to existing public roads that
337are owned by or conveyed to the local general-purpose
338government, the state, or the Federal Government, street lights,
339landscaping, hardscaping, and the undergrounding of electric
340utility lines. The district may convey undergrounding of
341electric utility lines to the retail electric utility provider
342within the district and street lights.
343     2.  Buses, trolleys, transit shelters, ridesharing
344facilities and services, parking improvements, and related
345signage.
346     (h)  Any other project, facility, or service required by a
347development approval, zoning condition, or permit issued by a
348governmental authority with jurisdiction in the district.
349     (2)  After the board has obtained the consent of the local
350general-purpose government within the jurisdiction of which a
351power specified in this subsection is to be exercised consents
352to the exercise of such power by the district, the district
353shall have the power to plan, establish, acquire, construct or
354reconstruct, enlarge or extend, equip, operate, and maintain
355additional systems and facilities for:
356     (a)  Parks and facilities for indoor and outdoor
357recreational, cultural, and educational uses.
358     (b)  Fire prevention and control, including fire stations,
359water mains and plugs, fire trucks, and other vehicles and
360equipment.
361     (c)  School buildings and related structures and site
362improvements, which may be leased, sold, or donated to the
363school district, for use in the educational system when
364authorized by the district school board.
365     (d)  Security, including, but not limited to, guardhouses,
366fences and gates, electronic intrusion-detection systems, and
367patrol cars, when authorized by proper governmental agencies;
368except that the district may not exercise any police power, but
369may contract with the appropriate local general-purpose
370government agencies for an increased level of such services
371within the district boundaries.
372     (e)  Control and elimination of mosquitoes and other
373arthropods of public health importance.
374     (f)  Waste collection and disposal.
375     (4)(a)  To adopt rules necessary for the district to
376enforce certain deed restrictions pertaining to the use and
377operation of real property within the district or outside the
378district if pursuant to an interlocal agreement under chapter
379163. For the purpose of this subsection, "deed restrictions" are
380those covenants, conditions, and restrictions contained in any
381applicable declarations of covenants and restrictions that
382govern the use and operation of real property within the
383district and, for which covenants, conditions, and restrictions,
384there is no homeowners' association or property owner's
385association having respective enforcement powers. The district
386may adopt by rule all or certain portions of the deed
387restrictions that:
388     1.  Relate to limitations or prohibitions that apply only
389to external structures and are deemed by the district to be
390generally beneficial for the district's landowners and for which
391enforcement by the district is appropriate, as determined by the
392district's board of supervisors; or
393     2.  Are consistent with the requirements of a development
394order or regulatory agency permit.
395     Section 9.  Section 190.014, Florida Statutes, is amended
396to read:
397     190.014  Issuance of bond anticipation notes.--In addition
398to the other powers provided for in this act, and not in
399limitation thereof, the district shall have the power, at any
400time, and from time to time after the issuance of any bonds of
401the district shall have been authorized, to borrow money for the
402purposes for which such bonds are to be issued in anticipation
403of the receipt of the proceeds of the sale of such bonds and to
404issue bond anticipation notes in a principal sum not in excess
405of the authorized maximum amount of such bond issue. Such notes
406shall be in such denomination or denominations, bear interest at
407such rate as the board may determine in compliance with s.
408215.84, mature at such time or times not later than 5 years from
409the date of issuance, and be in such form and executed in such
410manner as the board shall prescribe. Such notes may be sold at
411either public or private sale or, if such notes shall be renewal
412notes, may be exchanged for notes then outstanding on such terms
413as the board shall determine. Such notes shall be paid from the
414proceeds of such bonds when issued. The board may, in its
415discretion, in lieu of retiring the notes by means of bonds,
416retire them by means of current revenues or from any taxes or
417assessments levied for the payment of such bonds; but in such
418event a like amount of the bonds authorized shall not be issued.
419Non-ad valorem assessments levied to pay interest on bond
420anticipation notes shall not constitute an installment of
421assessments under s. 190.022.
422     Section 10.  Subsections (2), (3), and (9) of section
423190.021, Florida Statutes, are amended to read:
424     190.021  Taxes; non-ad valorem assessments.--
425     (2)  BENEFIT SPECIAL ASSESSMENTS.--The board shall annually
426determine, order, and levy the annual installment of the total
427benefit special assessments for bonds issued and related
428expenses to finance district facilities and projects which are
429levied under this act. These assessments may be due and
430collected during each year that county taxes are due and
431collected, in which case such annual installment and levy shall
432be evidenced to and certified to the property appraiser by the
433board not later than August 31 of each year, and such assessment
434shall be entered by the property appraiser on the county tax
435rolls, and shall be collected and enforced by the tax collector
436in the same manner and at the same time as county taxes, and the
437proceeds thereof shall be paid to the district. However, this
438subsection shall not prohibit the district in its discretion
439from using the method prescribed in either s. 197.363 or s.
440197.3632 for collecting and enforcing these assessments. Notice
441of the proposed amount of the assessment pursuant to s. 197.3635
442that includes the date and time of the hearing may be used in
443lieu of the notice provisions of s. 197.3632(4)(b). These
444benefit special assessments shall be a lien on the property
445against which assessed until paid and shall be enforceable in
446like manner as county taxes. The amount of the assessment for
447the exercise of the district's powers under ss. 190.011 and
448190.012 shall be determined by the board based upon a report of
449the district's engineer and assessed by the board upon such
450lands, which may be part or all of the lands within the district
451benefited by the improvement, apportioned between benefited
452lands in proportion to the benefits received by each tract of
453land.
454     (3)  MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and
455preserve the facilities and projects of the district, the board
456may levy a maintenance special assessment. This assessment may
457be evidenced to and certified to the property appraiser by the
458board of supervisors not later than August 31 of each year and
459shall be entered by the property appraiser on the county tax
460rolls and shall be collected and enforced by the tax collector
461in the same manner and at the same time as county taxes, and the
462proceeds therefrom shall be paid to the district. However, this
463subsection shall not prohibit the district in its discretion
464from using the method prescribed in either s. 197.363 or s.
465197.3632 for collecting and enforcing these assessments. Notice
466of the proposed amount of the assessment pursuant to s. 197.3635
467that includes the date and time of the hearing may be used in
468lieu of the notice provisions of s. 197.3632(4)(b). These
469maintenance special assessments shall be a lien on the property
470against which assessed until paid and shall be enforceable in
471like manner as county taxes. The amount of the maintenance
472special assessment for the exercise of the district's powers
473under ss. 190.011 and 190.012 shall be determined by the board
474based upon a report of the district's engineer and assessed by
475the board upon such lands, which may be all of the lands within
476the district benefited by the maintenance thereof, apportioned
477between the benefited lands in proportion to the benefits
478received by each tract of land.
479     (9)  ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit
480special assessments and maintenance special assessments
481authorized by this section, and special assessments authorized
482by s. 190.022 and chapter 170, shall constitute a lien on the
483property against which assessed from the date of imposition
484thereof until paid, coequal with the lien of state, county,
485municipal, and school board taxes. These non-ad valorem
486assessments may be collected, at the district's discretion, by
487the tax collector pursuant to the provisions of s. 197.363 or s.
488197.3632, or in accordance with other collection measures
489provided by law.
490     Section 11.  Subsections (1) and (3) of section 190.033,
491Florida Statutes, are amended to read:
492     190.033  Bids required.--
493     (1)  No contract shall be let by the board for any goods,
494supplies, or materials to be purchased when the amount thereof
495to be paid by the district shall exceed the amount provided in
496s. 287.017 for category four, unless notice of bids or other
497competitive solicitation, including requests for proposals or
498qualifications, is shall be advertised once in a newspaper in
499general circulation in the county and in the district. Any board
500seeking to construct or improve a public building, structure, or
501other public works shall comply with the bidding procedures of
502s. 255.20 and other applicable general law. In each case, the
503bid of the lowest responsive and responsible bidder shall be
504accepted unless all bids are rejected because the bids are too
505high, or the board determines it is in the best interests of the
506district to reject all bids. In each case in which requests for
507proposals, qualifications, or other competitive solicitations
508are used, the district shall determine which response is most
509advantageous for the district and award the contract to that
510proposer. The board may require the bidders or proposers to
511furnish bond with a responsible surety to be approved by the
512board. If the district does not receive a response to its
513competitive solicitation, the district may proceed to purchase
514such goods, supplies, materials, or construction services in the
515manner it deems in the best interests of the district. Nothing
516in this section shall prevent the board from undertaking and
517performing the construction, operation, and maintenance of any
518project or facility authorized by this act by the employment of
519labor, material, and machinery.
520     (3)  Contracts for maintenance services for any district
521facility or project shall be subject to competitive solicitation
522bidding requirements when the amount thereof to be paid by the
523district exceeds the amount provided in s. 287.017 for category
524four. The district shall adopt rules, policies, or procedures
525establishing competitive solicitation bidding procedures for
526maintenance services. Contracts for other services shall not be
527subject to competitive solicitation bidding unless the district
528adopts a rule, policy, or procedure applying competitive
529solicitation bidding procedures to said contracts.
530     Section 12.  Subsection (1) of section 190.046, Florida
531Statutes, is amended to read:
532     190.046  Termination, contraction, or expansion of
533district.--
534     (1)  The board may petition to contract or expand the
535boundaries of a community development district in the following
536manner:
537     (a)  The petition shall contain the same information
538required by s. 190.005(1)(a)1. and 8. In addition, if the
539petitioner seeks to expand the district, the petition shall
540describe the proposed timetable for construction of any district
541services to the area, the estimated cost of constructing the
542proposed services, and the designation of the future general
543distribution, location, and extent of public and private uses of
544land proposed for the area by the future land use plan element
545of the adopted local government local comprehensive plan. If the
546petitioner seeks to contract the district, the petition shall
547describe what services and facilities are currently provided by
548the district to the area being removed, and the designation of
549the future general distribution, location, and extent of public
550and private uses of land proposed for the area by the future
551land element of the adopted local government comprehensive plan.
552     (b)  For those districts initially established by county
553ordinance, the petition for ordinance amendment shall be filed
554with the county commission. If the land to be included or
555excluded is, in whole or in part, within the boundaries of a
556municipality, then the county commission shall not amend the
557ordinance without municipal approval. A public hearing shall be
558held in the same manner and with the same public notice as other
559ordinance amendments. The county commission shall consider the
560record of the public hearing and the factors set forth in s.
561190.005(1)(e) in making its determination to grant or deny the
562petition for ordinance amendment.
563     (c)  For those districts initially established by municipal
564ordinance pursuant to s. 190.005(2)(e), the municipality shall
565assume the duties of the county commission set forth in
566paragraph (b); however, if any of the land to be included or
567excluded, in whole or in part, is outside the boundaries of the
568municipality, then the municipality shall not amend its
569ordinance without county commission approval.
570     (d)1.  For those districts initially established by
571administrative rule pursuant to s. 190.005(1), the petition
572shall be filed with the Florida Land and Water Adjudicatory
573Commission.
574     2.  Prior to filing the petition, the petitioner shall pay
575a filing fee of $1,500 to the county, if the district or the
576land to be added to or deleted from the district is located
577within an unincorporated area, or to the municipality, if the
578district or the land to be added to or deleted from the district
579is located within an incorporated area, and to each municipality
580the boundaries of which are contiguous with or contain all or a
581portion of the land to be added to or deleted from the external
582boundaries of within the district. The petitioner shall submit a
583copy of the petition to the same entities entitled to receive
584the filing fee or the proposed amendment, and submit a copy of
585the petition to the county and to each such municipality. In
586addition, if the district is not the petitioner, the petitioner
587shall file the petition with the district board of supervisors.
588     3.  Each The county and each municipality shall have the
589option of holding a public hearing as provided by s.
590190.005(1)(c). However, such public hearing shall be limited to
591consideration of the contents of the petition and whether the
592petition for amendment should be supported by the county or
593municipality.
594     4.  The district board of supervisors shall, in lieu of a
595hearing officer, hold the local public hearing provided for by
596s. 190.005(1)(d). This local public hearing shall be noticed in
597the same manner as provided in s. 190.005(1)(d). Within 45 days
598of the conclusion of the hearing, the district board of
599supervisors shall transmit to the Florida Land and Water
600Adjudicatory Commission the full record of the local hearing,
601the transcript of the hearing, any resolutions adopted by the
602local general-purpose governments, and its recommendation
603whether to grant the petition for amendment. The commission
604shall then proceed in accordance with s. 190.005(1)(e).
605     5.  A rule amending a district boundary shall describe the
606land to be added or deleted.
607     (e)  In all cases, written consent of all the landowners
608whose land is to be added to or deleted from the district shall
609be required. The filing of the petition for expansion or
610contraction by the district board of supervisors shall
611constitute consent of the landowners within the district other
612than of landowners whose land is proposed to be added to or
613removed from the district.
614     (e)(f)1.  During the existence of a district initially
615established by administrative rule, the process petitions to
616amend the boundaries of the district pursuant to paragraphs (a)-
617(d) (a)-(e) shall not exceed be limited to a cumulative net
618total of no more than 10 percent of the land in the initial
619district, and in no event exceed shall all such petitions to
620amend the boundaries ever encompass more than a total of 250
621acres on a cumulative net basis.
622     2.  During the existence of a district For districts
623initially established by county or municipal ordinance, the
624limitation provided by this paragraph shall not exceed be a
625cumulative net total of no more than 50 percent of the land in
626the initial district, and in no event exceed shall all such
627petitions to amend the boundaries ever encompass more than a
628total of 500 acres on a cumulative basis.
629     3.  Boundary expansions for districts initially established
630by county or municipal ordinance shall follow the procedure set
631forth in paragraph (b) or paragraph (c).
632     (f)(g)  Petitions to amend the boundaries of the district
633which exceed the amount of land specified in paragraph (e) (f)
634shall be considered petitions to establish a new district, and
635shall follow all of the procedures specified in s.
636190.005(1)(a)1., 5., 6., 7., and 8., and shall follow the
637process set forth in s. 190.005 for establishment of a new
638district. However, the resulting administrative rule or
639ordinance shall only have the effect of amending the boundary of
640the district and shall not serve to establish a new district or
641cause a new 6-year or 10-year period to begin pursuant to s.
642190.006(3)(a)2.
643     (g)  In all cases of any petition to amend the boundaries
644of the district, the filing of the petition for expansion or
645contraction by the district board of supervisors shall
646constitute consent of the landowners within the district, with
647the exception of those landowners whose land is to be added to
648or deleted from the district. In all cases of any petition to
649amend the boundaries of the district, the written consent of
650those landowners whose land is to be added to or deleted from
651the district shall be required.
652     Section 13.  Subsection (1) of section 190.047, Florida
653Statutes, is amended to read:
654     190.047  Incorporation or annexation of district.--
655     (1)  Upon attaining the population standards for
656incorporation contained in s. 165.061 and as determined by the
657Department of Community Affairs, any district wholly contained
658within the unincorporated area of a county that also meets the
659other requirements for incorporation contained in s. 165.061
660shall hold a referendum at a general election on the question of
661whether to incorporate. However, any district contiguous to the
662boundary of a municipality may be annexed to such municipality
663pursuant to the provisions of chapter 171.
664     Section 14.  Except as otherwise expressly provided in this
665act, this act shall take effect July 1, 2007.


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