CS/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; requiring districts to
13publish notice of qualifying periods for elections;
14providing procedures for filling district board vacancies;
15authorizing the board to appoint qualified electors to the
16board under certain circumstances; amending s. 190.007,
17F.S.; specifying that certain affiliations are not a
18conflict of interest for district board members, managers,
19and employees; amending s. 190.008, F.S.; revising
20timeframes and requirements for the preparation of
21proposed district budgets; amending s. 190.009, F.S.;
22requiring the district to file disclosure documents and
23amendments relating to the public financing and
24maintenance of certain property in the property records of
25each county in which the district is located; amending s.
26190.011, F.S.; revising statutory authorization for the
27enforcement of district assessments; amending s. 190.012,
28F.S.; revising district regulatory jurisdiction and
29permitting authority for certain public improvements and
30community facilities; authorizing the district to convey
31certain activities to utility providers; authorizing the
32district to adopt rules for enforcement of deed
33restrictions outside the district pursuant to an
34interlocal agreement; revising the requirements for the
35adoption of such rules; amending s. 190.014, F.S.;
36specifying that non-ad valorem assessments levied to pay
37interest on bond anticipation notes do not qualify as
38assessment installments; amending s. 190.021, F.S.;
39authorizing the use of combined notice of proposed
40assessments under certain circumstances; providing that
41assessments authorized under ch. 170, F.S., constitute
42liens and are subject to certain collection procedures;
43amending s. 190.026, F.S.; providing that foreclosure
44proceedings authorized under ch. 170, F.S., apply to
45certain district proceedings; amending s. 190.033, F.S.;
46providing for competitive solicitation; authorizing the
47district to proceed with purchasing under certain
48circumstances; amending s. 190.046, F.S.; revising
49provisions for termination, contraction, or expansion of
50districts; specifying payment of certain fees to counties
51and municipalities; providing limitations for the
52amendment of certain district boundaries; requiring the
53written consent of certain landowners; amending s.
54190.047, F.S.; specifying the determination of population
55standards by the Department of Community Affairs for the
56purposes of incorporation or annexation of districts;
57requiring unincorporated areas to meet certain criteria
58for incorporation; requiring certain referenda to be held
59at general elections; providing effective dates.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Subsection (6), paragraph (p) of subsection
64(7), and subsections (20) and (21) of section 190.003, Florida
65Statutes, are amended to read:
66     190.003  Definitions.--As used in this chapter, the term:
67     (6)  "Community development district" means a local unit of
68special-purpose government which is created pursuant to this act
69and limited to the performance of those specialized functions
70authorized by this act; the boundaries of which are contained
71wholly within a single county; the governing head of which is a
72body created, organized, and constituted and authorized to
73function specifically as prescribed in this act for the purpose
74of the delivery of urban community development services; and the
75formation, powers, governing body, operation, duration,
76accountability, requirements for disclosure, and termination of
77which are as required by general law.
78     (7)  "Cost," when used with reference to any project,
79includes, but is not limited to:
80     (p)  Payments, contributions, dedications, fair share or
81concurrency obligations, and any other exactions required as a
82condition to receive any government approval or permit necessary
83to accomplish any district purpose.
84     (20)  "Water management and control facilities" means any
85lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
86floodways, curbs, gutters, pumping stations, or any other works,
87structures, or facilities for the conservation, control,
88development, utilization, and disposal of water, and any
89purposes appurtenant, necessary, or incidental thereto. The term
90"water management and control facilities" includes all real and
91personal property and any interest therein, rights, easements,
92and franchises of any nature relating to any such water
93management and control facilities or necessary or convenient for
94the acquisition, construction, reconstruction, operation, or
95maintenance thereof.
96     (21)  "Water system" means any plant, system, facility, or
97property and additions, extensions, and improvements thereto at
98any future time constructed or acquired as part thereof, useful
99or necessary or having the present capacity for future use in
100connection with the development of sources, treatment, or
101purification and distribution of water. Without limiting the
102generality of the foregoing, the term "water system" includes
103dams, reservoirs, storage, tanks, mains, lines, valves,
104hydrants, pumping stations, chilled water distribution systems,
105laterals, and pipes for the purpose of carrying water to the
106premises connected with such system, and all rights, easements,
107and franchises of any nature relating to any such system and
108necessary or convenient for the operation thereof.
109     Section 2.  Paragraphs (b), (c), and (f) of subsection (1)
110and paragraphs (d) and (e) of subsection (2) of section 190.005,
111Florida Statutes, are amended to read:
112     190.005  Establishment of district.--
113     (1)  The exclusive and uniform method for the establishment
114of a community development district with a size of 1,000 acres
115or more shall be pursuant to a rule, adopted under chapter 120
116by the Florida Land and Water Adjudicatory Commission, granting
117a petition for the establishment of a community development
118district.
119     (b)  Prior to filing the petition, the petitioner shall:
120     1.  Pay a filing fee of $15,000 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     2.  Submit a copy of the petition to the county, if located
127within an unincorporated area, or to the municipality, if
128located within an incorporated area, and to each municipality
129the boundaries of which are contiguous with, or contain all or a
130portion of, the land within the external boundaries of the
131district.
132     3.  If land to be included within a district is located
133partially within the unincorporated area of one or more counties
134and partially within a municipality or within two or more
135municipalities, pay a $15,000 filing fee to each entity.
136Districts established across county boundaries shall be required
137to maintain records, hold meetings and hearings, and publish
138notices only in the county where the majority of the acreage
139within the district lies.
140     (c)  Such county and each such municipality required by law
141to receive a petition may conduct a public hearing to consider
142the relationship of the petition to the factors specified in
143paragraph (e). The public hearing shall be concluded within 45
144days after the date the petition is filed unless an extension of
145time is requested by the petitioner and granted by the county or
146municipality. The county or municipality holding such public
147hearing may by resolution express its support of, or objection
148to the granting of, the petition by the Florida Land and Water
149Adjudicatory Commission. A resolution must base any objection to
150the granting of the petition upon the factors specified in
151paragraph (e). Such county or municipality may present its
152resolution of support or objection at the Florida Land and Water
153Adjudicatory Commission hearing and shall be afforded an
154opportunity to present relevant information in support of its
155resolution.
156     (f)  The Florida Land and Water Adjudicatory Commission
157shall not adopt any rule which would expand, modify, or delete
158any provision of the uniform community development district
159charter as set forth in ss. 190.006-190.041, except as provided
160in s. 190.012. A rule establishing a community development
161district shall only contain the following:
162     1.  A metes and bounds description of Describe the external
163boundaries of the district and any real property within the
164external boundaries of the district which is to be excluded.
165     2.  The names of Name five persons designated to be the
166initial members of the board of supervisors.
167     3.  The name of the district.
168     (2)  The exclusive and uniform method for the establishment
169of a community development district of less than 1,000 acres in
170size shall be pursuant to an ordinance adopted by the county
171commission of the county having jurisdiction over the majority
172of land in the area in which the district is to be located
173granting a petition for the establishment of a community
174development district as follows:
175     (d)  The county commission shall not adopt any ordinance
176which would expand, modify, or delete any provision of the
177uniform community development district charter as set forth in
178ss. 190.006-190.041. An ordinance establishing a community
179development district shall only include the matters provided for
180in paragraph (1)(f) unless the commission consents to any of the
181optional powers under s. 190.012(2) at the request of the
182petitioner.
183     (e)  If all of the land in the area for the proposed
184district is within the territorial jurisdiction of a municipal
185corporation, then the petition requesting establishment of a
186community development district under this act shall be filed by
187the petitioner with that particular municipal corporation. In
188such event, the duties of the county, hereinabove described, in
189action upon the petition shall be the duties of the municipal
190corporation. If any of the land area of a proposed district is
191within the land area of a municipality, the county commission
192may not create the district without municipal approval. If all
193of the land in the area for the proposed district, even if less
1941,000 acres, is within the territorial jurisdiction of two or
195more municipalities, the petition shall be filed with the
196Florida Land and Water Adjudicatory Commission and proceed in
197accordance with subsection (1).
198     Section 3.  Paragraph (b) of subsection (2) and paragraph
199(b) of subsection (3) of section 190.006, Florida Statutes, are
200amended to read:
201     190.006  Board of supervisors; members and meetings.--
202     (2)
203     (b)  At such meeting, each landowner shall be entitled to
204cast one vote per acre of land owned by him or her and located
205within the district for each person to be elected. A landowner
206may vote in person or by proxy in writing. Each proxy must be
207signed by one of the legal owners of the property for which the
208vote is cast and must contain the typed or printed name of the
209individual who signed the proxy; the street address, legal
210description of the property, or tax parcel identification
211number; and the number of authorized votes. If the proxy
212authorizes more than one vote, each property must be listed and
213the number of acres of each property must be included. The
214signature on a proxy need not be notarized. A fraction of an
215acre shall be treated as 1 acre, entitling the landowner to one
216vote with respect thereto. For purposes of determining voting
217interests, platted lots shall be counted individually and
218rounded up to the nearest whole acre. The acreage of platted
219lots shall not be aggregated for determining the number of
220voting units held by a landowner or a landowner's proxy. The two
221candidates receiving the highest number of votes shall be
222elected for a period of 4 years, and the three candidates
223receiving the next largest number of votes shall be elected for
224a period of 2 years, with the term of office for each successful
225candidate commencing upon election. The members of the first
226board elected by landowners shall serve their respective 4-year
227or 2-year terms; however, the next election by landowners shall
228be held on the first Tuesday in November. Thereafter, there
229shall be an election of supervisors for the district every 2
230years in November on a date established by the board and noticed
231pursuant to paragraph (a). The second and subsequent landowners'
232election shall be announced at a public meeting of the board at
233least 90 days prior to the date of the landowners' meeting and
234shall also be noticed pursuant to paragraph (a). Instructions on
235how all landowners may participate in the election, along with
236sample proxies, shall be provided during the board meeting that
237announces the landowners' meeting. The two candidates receiving
238the highest number of votes shall be elected to serve for a 4-
239year period, and the remaining candidate elected shall serve for
240a 2-year period.
241     (3)
242     (b)  Elections of board members by qualified electors held
243pursuant to this subsection shall be nonpartisan and shall be
244conducted in the manner prescribed by law for holding general
245elections. The district shall publish a notice of the qualifying
246period set by the supervisor of elections for each election at
247least 2 weeks prior to the start of the qualifying period. Board
248members shall assume the office on the second Tuesday following
249their election. If no elector qualifies for a seat to be filled
250in an election, a vacancy in that seat shall be declared by the
251board effective on the second Tuesday following the election.
252Within 90 days thereafter, the board shall appoint a qualified
253elector to fill the vacancy. Until such appointment, the
254incumbent board member in that seat shall remain in office.
255     Section 4.  Effective October 1, 2007, subsection (1) of
256section 190.007, Florida Statutes, is amended to read:
257     190.007  Board of supervisors; general duties.--
258     (1)  The board shall employ, and fix the compensation of, a
259district manager. The district manager shall have charge and
260supervision of the works of the district and shall be
261responsible for preserving and maintaining any improvement or
262facility constructed or erected pursuant to the provisions of
263this act, for maintaining and operating the equipment owned by
264the district, and for performing such other duties as may be
265prescribed by the board. It shall not be a conflict of interest
266under chapter 112 for a board member or the district manager or
267another employee of the district to be a stockholder, officer,
268or employee of a landowner or of an entity affiliated with a
269landowner. The district manager may hire or otherwise employ and
270terminate the employment of such other persons, including,
271without limitation, professional, supervisory, and clerical
272employees, as may be necessary and authorized by the board. The
273compensation and other conditions of employment of the officers
274and employees of the district shall be as provided by the board.
275     Section 5.  Paragraph (a) of subsection (2) of section
276190.008, Florida Statutes, is amended to read:
277     190.008  Budget; reports and reviews.--
278     (2)(a)  On or before each June July 15, the district
279manager shall prepare a proposed budget for the ensuing fiscal
280year to be submitted to the board for board approval. The
281proposed budget shall include at the direction of the board an
282estimate of all necessary expenditures of the district for the
283ensuing fiscal year and an estimate of income to the district
284from the taxes, and assessments, and other revenues provided in
285this act. The board shall consider the proposed budget item by
286item and may either approve the budget as proposed by the
287district manager or modify the same in part or in whole. The
288board shall indicate its approval of the budget by resolution,
289which resolution shall provide for a hearing on the budget as
290approved. Notice of the hearing on the budget shall be published
291in a newspaper of general circulation in the area of the
292district once a week for 2 consecutive weeks, except that the
293first publication shall be not fewer than 15 days prior to the
294date of the hearing. The notice shall further contain a
295designation of the day, time, and place of the public hearing.
296At the time and place designated in the notice, the board shall
297hear all objections to the budget as proposed and may make such
298changes as the board deems necessary. At the conclusion of the
299budget hearing, the board shall, by resolution, adopt the budget
300as finally approved by the board. The budget shall be adopted
301prior to October 1 of each year.
302     Section 6.  Subsection (1) of section 190.009, Florida
303Statutes, is amended to read:
304     190.009  Disclosure of public financing.--
305     (1)  The district shall take affirmative steps to provide
306for the full disclosure of information relating to the public
307financing and maintenance of improvements to real property
308undertaken by the district. Such information shall be made
309available to all existing residents, and to all prospective
310residents, of the district. The district shall furnish each
311developer of a residential development within the district with
312sufficient copies of that information to provide each
313prospective initial purchaser of property in that development
314with a copy, and any developer of a residential development
315within the district, when required by law to provide a public
316offering statement, shall include a copy of such information
317relating to the public financing and maintenance of improvements
318in the public offering statement. The district shall file the
319disclosure documents required by this subsection and any
320amendments thereto in the property records of each county in
321which the district is located.
322     Section 7.  Subsection (14) of section 190.011, Florida
323Statutes, is amended to read:
324     190.011  General powers.--The district shall have, and the
325board may exercise, the following powers:
326     (14)  To determine, order, levy, impose, collect, and
327enforce special assessments pursuant to this act and chapter
328170. Such special assessments may, in the discretion of the
329district, be collected and enforced pursuant to the provisions
330of ss. 197.3631, 197.3632, and 197.3635, or chapter 170, or
331chapter 173.
332     Section 8.  Paragraph (d) of subsection (1), subsection
333(2), and paragraphs (a) and (b) of subsection (4) of section
334190.012, Florida Statutes, are amended, and paragraph (h) is
335added to subsection (1) of that section, to read:
336     190.012  Special powers; public improvements and community
337facilities.--The district shall have, and the board may
338exercise, subject to the regulatory jurisdiction and permitting
339authority of all applicable governmental bodies, agencies, and
340special districts having authority with respect to any area
341included therein, any or all of the following special powers
342relating to public improvements and community facilities
343authorized by this act:
344     (1)  To finance, fund, plan, establish, acquire, construct
345or reconstruct, enlarge or extend, equip, operate, and maintain
346systems, facilities, and basic infrastructures for the
347following:
348     (d)1.  District roads equal to or exceeding the applicable
349specifications of the county in which such district roads are
350located, roads and improvements to existing public roads that
351are owned by or conveyed to the local general-purpose
352government, the state, or the Federal Government, street lights,
353alleys, landscaping, hardscaping, and the undergrounding of
354electric utility lines. The district may convey undergrounding
355of electric utility lines to the retail electric utility
356provider within the district and street lights.
357     2.  Buses, trolleys, transit shelters, ridesharing
358facilities and services, parking improvements, and related
359signage.
360     (h)  Any other project, facility, or service required by a
361development approval, interlocal agreement, zoning condition, or
362permit issued by a governmental authority with jurisdiction in
363the district.
364     (2)  After the board has obtained the consent of the local
365general-purpose government within the jurisdiction of which a
366power specified in this subsection is to be exercised consents
367to the exercise of such power by the district, the district
368shall have the power to plan, establish, acquire, construct or
369reconstruct, enlarge or extend, equip, operate, and maintain
370additional systems and facilities for:
371     (a)  Parks and facilities for indoor and outdoor
372recreational, cultural, and educational uses.
373     (b)  Fire prevention and control, including fire stations,
374water mains and plugs, fire trucks, and other vehicles and
375equipment.
376     (c)  School buildings and related structures and site
377improvements, which may be leased, sold, or donated to the
378school district, for use in the educational system when
379authorized by the district school board.
380     (d)  Security, including, but not limited to, guardhouses,
381fences and gates, electronic intrusion-detection systems, and
382patrol cars, when authorized by proper governmental agencies;
383except that the district may not exercise any police power, but
384may contract with the appropriate local general-purpose
385government agencies for an increased level of such services
386within the district boundaries.
387     (e)  Control and elimination of mosquitoes and other
388arthropods of public health importance.
389     (f)  Waste collection and disposal.
390     (4)(a)  To adopt rules necessary for the district to
391enforce certain deed restrictions pertaining to the use and
392operation of real property within the district and outside the
393district if pursuant to an interlocal agreement under chapter
394163. For the purpose of this subsection, "deed restrictions" are
395those covenants, conditions, and restrictions contained in any
396applicable declarations of covenants and restrictions that
397govern the use and operation of real property within the
398district and, for which covenants, conditions, and restrictions,
399there is no homeowners' association or property owner's
400association having respective enforcement powers. The district
401may adopt by rule all or certain portions of the deed
402restrictions that:
403     1.  Relate to limitations or prohibitions that apply only
404to external structures and are deemed by the district to be
405generally beneficial for the district's landowners and for which
406enforcement by the district is appropriate, as determined by the
407district's board of supervisors; or
408     2.  Are consistent with the requirements of a development
409order or regulatory agency permit.
410     (b)  The board may vote to adopt such rules only when all
411of the following conditions exist:
412     1.  The district's geographic area contains no homeowners'
413associations as defined in s. 720.301(9);
414     2.  The district was in existence on the effective date of
415this subsection, or is located within a development that
416consists of multiple developments of regional impact and a
417Florida Quality Development;
418     3.  For residential districts, the majority of the board
419has been elected by qualified electors pursuant to the
420provisions of s. 190.006; and
421     4.  The declarant in any applicable declarations of
422covenants and restrictions has provided the board with a written
423agreement that such rules may be adopted. A memorandum of the
424agreement shall be recorded in the public records.
425     Section 9.  Section 190.014, Florida Statutes, is amended
426to read:
427     190.014  Issuance of bond anticipation notes.--In addition
428to the other powers provided for in this act, and not in
429limitation thereof, the district shall have the power, at any
430time, and from time to time after the issuance of any bonds of
431the district shall have been authorized, to borrow money for the
432purposes for which such bonds are to be issued in anticipation
433of the receipt of the proceeds of the sale of such bonds and to
434issue bond anticipation notes in a principal sum not in excess
435of the authorized maximum amount of such bond issue. Such notes
436shall be in such denomination or denominations, bear interest at
437such rate as the board may determine in compliance with s.
438215.84, mature at such time or times not later than 5 years from
439the date of issuance, and be in such form and executed in such
440manner as the board shall prescribe. Such notes may be sold at
441either public or private sale or, if such notes shall be renewal
442notes, may be exchanged for notes then outstanding on such terms
443as the board shall determine. Such notes shall be paid from the
444proceeds of such bonds when issued. The board may, in its
445discretion, in lieu of retiring the notes by means of bonds,
446retire them by means of current revenues or from any taxes or
447assessments levied for the payment of such bonds; but in such
448event a like amount of the bonds authorized shall not be issued.
449Non-ad valorem assessments levied to pay interest on bond
450anticipation notes shall not constitute an installment of
451assessments under s. 190.022.
452     Section 10.  Subsections (2), (3), and (9) of section
453190.021, Florida Statutes, are amended to read:
454     190.021  Taxes; non-ad valorem assessments.--
455     (2)  BENEFIT SPECIAL ASSESSMENTS.--The board shall annually
456determine, order, and levy the annual installment of the total
457benefit special assessments for bonds issued and related
458expenses to finance district facilities and projects which are
459levied under this act. These assessments may be due and
460collected during each year that county taxes are due and
461collected, in which case such annual installment and levy shall
462be evidenced to and certified to the property appraiser by the
463board not later than August 31 of each year, and such assessment
464shall be entered by the property appraiser on the county tax
465rolls, and shall be collected and enforced by the tax collector
466in the same manner and at the same time as county taxes, and the
467proceeds thereof shall be paid to the district. However, this
468subsection shall not prohibit the district in its discretion
469from using the method prescribed in either s. 197.363 or s.
470197.3632 for collecting and enforcing these assessments. Notice
471of the proposed amount of the assessment pursuant to s. 200.069
472that includes the date and time of the hearing may be used in
473lieu of the notice provisions of s. 197.3632(4)(b). These
474benefit special assessments shall be a lien on the property
475against which assessed until paid and shall be enforceable in
476like manner as county taxes. The amount of the assessment for
477the exercise of the district's powers under ss. 190.011 and
478190.012 shall be determined by the board based upon a report of
479the district's engineer and assessed by the board upon such
480lands, which may be part or all of the lands within the district
481benefited by the improvement, apportioned between benefited
482lands in proportion to the benefits received by each tract of
483land.
484     (3)  MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and
485preserve the facilities and projects of the district, the board
486may levy a maintenance special assessment. This assessment may
487be evidenced to and certified to the property appraiser by the
488board of supervisors not later than August 31 of each year and
489shall be entered by the property appraiser on the county tax
490rolls and shall be collected and enforced by the tax collector
491in the same manner and at the same time as county taxes, and the
492proceeds therefrom shall be paid to the district. However, this
493subsection shall not prohibit the district in its discretion
494from using the method prescribed in either s. 197.363 or s.
495197.3632 for collecting and enforcing these assessments. Notice
496of the proposed amount of the assessment pursuant to s. 200.069
497that includes the date and time of the hearing may be used in
498lieu of the notice provisions of s. 197.3632(4)(b). These
499maintenance special assessments shall be a lien on the property
500against which assessed until paid and shall be enforceable in
501like manner as county taxes. The amount of the maintenance
502special assessment for the exercise of the district's powers
503under ss. 190.011 and 190.012 shall be determined by the board
504based upon a report of the district's engineer and assessed by
505the board upon such lands, which may be all of the lands within
506the district benefited by the maintenance thereof, apportioned
507between the benefited lands in proportion to the benefits
508received by each tract of land.
509     (9)  ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit
510special assessments and maintenance special assessments
511authorized by this section, and special assessments authorized
512by s. 190.022 and chapter 170, shall constitute a lien on the
513property against which assessed from the date of imposition
514thereof until paid, coequal with the lien of state, county,
515municipal, and school board taxes. These non-ad valorem
516assessments may be collected, at the district's discretion, by
517the tax collector pursuant to the provisions of s. 197.363 or s.
518197.3632, or in accordance with other collection measures
519provided by law.
520     Section 11.  Section 190.026, Florida Statutes, is amended
521to read:
522     190.026  Foreclosure of liens.--Any lien in favor of the
523district arising under this act may be foreclosed by the
524district by foreclosure proceedings in the name of the district
525in a court of competent jurisdiction as provided by general law
526in like manner as is provided in chapter 170 or chapter 173 and
527amendments thereto; the provisions of those chapters that
528chapter shall be applicable to such proceedings with the same
529force and effect as if those provisions were expressly set forth
530in this act. Any act required or authorized to be done by or on
531behalf of a municipality in foreclosure proceedings under
532chapter 170 or chapter 173 may be performed by such officer or
533agent of the district as the board of supervisors may designate.
534Such foreclosure proceedings may be brought at any time after
535the expiration of 1 year from the date any tax, or installment
536thereof, becomes delinquent; however no lien shall be foreclosed
537against any political subdivision or agency of the state. Other
538legal remedies shall remain available.
539     Section 12.  Subsections (1) and (3) of section 190.033,
540Florida Statutes, are amended to read:
541     190.033  Bids required.--
542     (1)  No contract shall be let by the board for any goods,
543supplies, or materials to be purchased when the amount thereof
544to be paid by the district shall exceed the amount provided in
545s. 287.017 for category four, unless notice of bids or other
546competitive solicitation, including requests for proposals or
547qualifications, is shall be advertised once in a newspaper in
548general circulation in the county and in the district. Any board
549seeking to construct or improve a public building, structure, or
550other public works shall comply with the bidding procedures of
551s. 255.20 and other applicable general law. In each case, the
552bid of the lowest responsive and responsible bidder shall be
553accepted unless all bids are rejected because the bids are too
554high, or the board determines it is in the best interests of the
555district to reject all bids. In each case in which requests for
556proposals, qualifications, or other competitive solicitations
557are used, the district shall determine which response is most
558advantageous for the district and award the contract to that
559proposer. The board may require the bidders or proposers to
560furnish bond with a responsible surety to be approved by the
561board. If the district does not receive a response to its
562competitive solicitation, the district may proceed to purchase
563such goods, supplies, materials, or construction services in the
564manner it deems in the best interests of the district. Nothing
565in this section shall prevent the board from undertaking and
566performing the construction, operation, and maintenance of any
567project or facility authorized by this act by the employment of
568labor, material, and machinery.
569     (3)  Contracts for maintenance services for any district
570facility or project shall be subject to competitive solicitation
571bidding requirements when the amount thereof to be paid by the
572district exceeds the amount provided in s. 287.017 for category
573four. The district shall adopt rules, policies, or procedures
574establishing competitive solicitation bidding procedures for
575maintenance services. Contracts for other services shall not be
576subject to competitive solicitation bidding unless the district
577adopts a rule, policy, or procedure applying competitive
578solicitation bidding procedures to said contracts.
579     Section 13.  Subsection (1) of section 190.046, Florida
580Statutes, is amended to read:
581     190.046  Termination, contraction, or expansion of
582district.--
583     (1)  The board may petition to contract or expand the
584boundaries of a community development district in the following
585manner:
586     (a)  The petition shall contain the same information
587required by s. 190.005(1)(a)1. and 8. In addition, if the
588petitioner seeks to expand the district, the petition shall
589describe the proposed timetable for construction of any district
590services to the area, the estimated cost of constructing the
591proposed services, and the designation of the future general
592distribution, location, and extent of public and private uses of
593land proposed for the area by the future land use plan element
594of the adopted local government local comprehensive plan. If the
595petitioner seeks to contract the district, the petition shall
596describe what services and facilities are currently provided by
597the district to the area being removed, and the designation of
598the future general distribution, location, and extent of public
599and private uses of land proposed for the area by the future
600land element of the adopted local government comprehensive plan.
601     (b)  For those districts initially established by county
602ordinance, the petition for ordinance amendment shall be filed
603with the county commission. If the land to be included or
604excluded is, in whole or in part, within the boundaries of a
605municipality, then the county commission shall not amend the
606ordinance without municipal approval. A public hearing shall be
607held in the same manner and with the same public notice as other
608ordinance amendments. The county commission shall consider the
609record of the public hearing and the factors set forth in s.
610190.005(1)(e) in making its determination to grant or deny the
611petition for ordinance amendment.
612     (c)  For those districts initially established by municipal
613ordinance pursuant to s. 190.005(2)(e), the municipality shall
614assume the duties of the county commission set forth in
615paragraph (b); however, if any of the land to be included or
616excluded, in whole or in part, is outside the boundaries of the
617municipality, then the municipality shall not amend its
618ordinance without county commission approval.
619     (d)1.  For those districts initially established by
620administrative rule pursuant to s. 190.005(1), the petition
621shall be filed with the Florida Land and Water Adjudicatory
622Commission.
623     2.  Prior to filing the petition, the petitioner shall pay
624a filing fee of $1,500 to the county, if the district or the
625land to be added to or deleted from the district is located
626within an unincorporated area, or to the municipality, if the
627district or the land to be added to or deleted from the district
628is located within an incorporated area, and to each municipality
629the boundaries of which are contiguous with or contain all or a
630portion of the land to be added to or deleted from the external
631boundaries of within the district. The petitioner shall submit a
632copy of the petition to the same entities entitled to receive
633the filing fee or the proposed amendment, and submit a copy of
634the petition to the county and to each such municipality. In
635addition, if the district is not the petitioner, the petitioner
636shall file the petition with the district board of supervisors.
637     3.  Each The county and each municipality shall have the
638option of holding a public hearing as provided by s.
639190.005(1)(c). However, such public hearing shall be limited to
640consideration of the contents of the petition and whether the
641petition for amendment should be supported by the county or
642municipality.
643     4.  The district board of supervisors shall, in lieu of a
644hearing officer, hold the local public hearing provided for by
645s. 190.005(1)(d). This local public hearing shall be noticed in
646the same manner as provided in s. 190.005(1)(d). Within 45 days
647of the conclusion of the hearing, the district board of
648supervisors shall transmit to the Florida Land and Water
649Adjudicatory Commission the full record of the local hearing,
650the transcript of the hearing, any resolutions adopted by the
651local general-purpose governments, and its recommendation
652whether to grant the petition for amendment. The commission
653shall then proceed in accordance with s. 190.005(1)(e).
654     5.  A rule amending a district boundary shall describe the
655land to be added or deleted.
656     (e)  In all cases, written consent of all the landowners
657whose land is to be added to or deleted from the district shall
658be required. The filing of the petition for expansion or
659contraction by the district board of supervisors shall
660constitute consent of the landowners within the district other
661than of landowners whose land is proposed to be added to or
662removed from the district.
663     (e)(f)1.  During the existence of a district initially
664established by administrative rule, the process petitions to
665amend the boundaries of the district pursuant to paragraphs (a)-
666(d) (a)-(e) shall not exceed be limited to a cumulative net
667total of no more than 10 percent of the land in the initial
668district, and in no event exceed shall all such petitions to
669amend the boundaries ever encompass more than a total of 250
670acres on a cumulative net basis.
671     2.  During the existence of a district For districts
672initially established by county or municipal ordinance, the
673limitation provided by this paragraph shall not exceed be a
674cumulative net total of no more than 50 percent of the land in
675the initial district, and in no event exceed shall all such
676petitions to amend the boundaries ever encompass more than a
677total of 500 acres on a cumulative basis.
678     3.  Boundary expansions for districts initially established
679by county or municipal ordinance shall follow the procedure set
680forth in paragraph (b) or paragraph (c).
681     (f)(g)  Petitions to amend the boundaries of the district
682which exceed the amount of land specified in paragraph (e) (f)
683shall be considered petitions to establish a new district, and
684shall follow all of the procedures specified in s.
685190.005(1)(a)1., 5., 6., 7., and 8., and shall follow the
686process set forth in s. 190.005 for establishment of a new
687district. However, the resulting administrative rule or
688ordinance shall only have the effect of amending the boundary of
689the district and shall not serve to establish a new district or
690cause a new 6-year or 10-year period to begin pursuant to s.
691190.006(3)(a)2.
692     (g)  In all cases of any petition to amend the boundaries
693of the district, the filing of the petition for expansion or
694contraction by the district board of supervisors shall
695constitute consent of the landowners within the district, with
696the exception of those landowners whose land is to be added to
697or deleted from the district. In all cases of any petition to
698amend the boundaries of the district, the written consent of
699those landowners whose land is to be added to or deleted from
700the district shall be required.
701     Section 14.  Subsection (1) of section 190.047, Florida
702Statutes, is amended to read:
703     190.047  Incorporation or annexation of district.--
704     (1)  Upon attaining the population standards for
705incorporation contained in s. 165.061 and as determined by the
706Department of Community Affairs, any district wholly contained
707within the unincorporated area of a county that also meets the
708other requirements for incorporation contained in s. 165.061
709shall hold a referendum at a general election on the question of
710whether to incorporate. However, any district contiguous to the
711boundary of a municipality may be annexed to such municipality
712pursuant to the provisions of chapter 171.
713     Section 15.  Except as otherwise expressly provided in this
714act, this act shall take effect July 1, 2007.


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