| 1 | A bill to be entitled |
| 2 | An act relating to community development districts; |
| 3 | amending s. 190.003, F.S.; revising definitions relating |
| 4 | to community development districts; amending s. 190.005, |
| 5 | F.S.; specifying petition and filing fee requirements for |
| 6 | the establishment of districts; specifying requirements |
| 7 | for the adoption of certain rules by the Florida Land and |
| 8 | Water Adjudicatory Commission; providing requirements for |
| 9 | the establishment of districts located in multiple |
| 10 | municipalities; amending s. 190.006, F.S.; revising |
| 11 | provisions for determining certain voting units for |
| 12 | landowners within a district; requiring districts to |
| 13 | publish notice of qualifying periods for elections; |
| 14 | providing procedures for filling district board vacancies; |
| 15 | authorizing the board to appoint qualified electors to the |
| 16 | board under certain circumstances; amending s. 190.007, |
| 17 | F.S.; specifying that certain affiliations are not a |
| 18 | conflict of interest for district board members, managers, |
| 19 | and employees; amending s. 190.008, F.S.; revising |
| 20 | timeframes and requirements for the preparation of |
| 21 | proposed district budgets; amending s. 190.009, F.S.; |
| 22 | requiring the district to file disclosure documents and |
| 23 | amendments relating to the public financing and |
| 24 | maintenance of certain property in the property records of |
| 25 | each county in which the district is located; amending s. |
| 26 | 190.011, F.S.; revising statutory authorization for the |
| 27 | enforcement of district assessments; amending s. 190.012, |
| 28 | F.S.; revising district regulatory jurisdiction and |
| 29 | permitting authority for certain public improvements and |
| 30 | community facilities; authorizing districts to request |
| 31 | certain activities by local retail utility providers and |
| 32 | to finance such activities; authorizing the district to |
| 33 | adopt rules for enforcement of deed restrictions outside |
| 34 | the district pursuant to an interlocal agreement; revising |
| 35 | the requirements for the adoption of such rules; amending |
| 36 | s. 190.014, F.S.; specifying that non-ad valorem |
| 37 | assessments levied to pay interest on bond anticipation |
| 38 | notes do not qualify as assessment installments; amending |
| 39 | s. 190.021, F.S.; authorizing the use of combined notice |
| 40 | of proposed assessments under certain circumstances; |
| 41 | providing that assessments authorized under ch. 170, F.S., |
| 42 | constitute liens and are subject to certain collection |
| 43 | procedures; amending s. 190.026, F.S.; providing that |
| 44 | foreclosure proceedings authorized under ch. 170, F.S., |
| 45 | apply to certain district proceedings; amending s. |
| 46 | 190.033, F.S.; providing for competitive solicitation; |
| 47 | authorizing the district to proceed with purchasing under |
| 48 | certain circumstances; amending s. 190.047, F.S.; |
| 49 | specifying the determination of population standards by |
| 50 | the Department of Community Affairs for the purposes of |
| 51 | incorporation or annexation of districts; requiring |
| 52 | unincorporated areas to meet certain criteria for |
| 53 | incorporation; requiring certain referenda to be held at |
| 54 | general elections; providing effective dates. |
| 55 |
|
| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
|
| 58 | Section 1. Subsection (6), paragraph (p) of subsection |
| 59 | (7), and subsections (20) and (21) of section 190.003, Florida |
| 60 | Statutes, are amended to read: |
| 61 | 190.003 Definitions.--As used in this chapter, the term: |
| 62 | (6) "Community development district" means a local unit of |
| 63 | special-purpose government which is created pursuant to this act |
| 64 | and limited to the performance of those specialized functions |
| 65 | authorized by this act; the boundaries of which are contained |
| 66 | wholly within a single county; the governing head of which is a |
| 67 | body created, organized, and constituted and authorized to |
| 68 | function specifically as prescribed in this act for the purpose |
| 69 | of the delivery of urban community development services; and the |
| 70 | formation, powers, governing body, operation, duration, |
| 71 | accountability, requirements for disclosure, and termination of |
| 72 | which are as required by general law. |
| 73 | (7) "Cost," when used with reference to any project, |
| 74 | includes, but is not limited to: |
| 75 | (p) Payments, contributions, dedications, fair share or |
| 76 | concurrency obligations, and any other exactions required as a |
| 77 | condition to receive any government approval or permit necessary |
| 78 | to accomplish any district purpose. |
| 79 | (20) "Water management and control facilities" means any |
| 80 | lakes, canals, ditches, reservoirs, dams, levees, sluiceways, |
| 81 | floodways, curbs, gutters, pumping stations, or any other works, |
| 82 | structures, or facilities for the conservation, control, |
| 83 | development, utilization, and disposal of water, and any |
| 84 | purposes appurtenant, necessary, or incidental thereto. The term |
| 85 | "water management and control facilities" includes all real and |
| 86 | personal property and any interest therein, rights, easements, |
| 87 | and franchises of any nature relating to any such water |
| 88 | management and control facilities or necessary or convenient for |
| 89 | the acquisition, construction, reconstruction, operation, or |
| 90 | maintenance thereof. |
| 91 | (21) "Water system" means any plant, system, facility, or |
| 92 | property and additions, extensions, and improvements thereto at |
| 93 | any future time constructed or acquired as part thereof, useful |
| 94 | or necessary or having the present capacity for future use in |
| 95 | connection with the development of sources, treatment, or |
| 96 | purification and distribution of water. Without limiting the |
| 97 | generality of the foregoing, the term "water system" includes |
| 98 | dams, reservoirs, storage, tanks, mains, lines, valves, |
| 99 | hydrants, pumping stations, chilled water distribution systems, |
| 100 | laterals, and pipes for the purpose of carrying water to the |
| 101 | premises connected with such system, and all rights, easements, |
| 102 | and franchises of any nature relating to any such system and |
| 103 | necessary or convenient for the operation thereof. |
| 104 | Section 2. Paragraphs (b), (c), and (f) of subsection (1) |
| 105 | and paragraphs (d) and (e) of subsection (2) of section 190.005, |
| 106 | Florida Statutes, are amended to read: |
| 107 | 190.005 Establishment of district.-- |
| 108 | (1) The exclusive and uniform method for the establishment |
| 109 | of a community development district with a size of 1,000 acres |
| 110 | or more shall be pursuant to a rule, adopted under chapter 120 |
| 111 | by the Florida Land and Water Adjudicatory Commission, granting |
| 112 | a petition for the establishment of a community development |
| 113 | district. |
| 114 | (b) Prior to filing the petition, the petitioner shall: |
| 115 | 1. Pay a filing fee of $15,000 to the county, if located |
| 116 | within an unincorporated area, or to the municipality, if |
| 117 | located within an incorporated area, and to each municipality |
| 118 | the boundaries of which are contiguous with, or contain all or a |
| 119 | portion of the land within, the external boundaries of the |
| 120 | district. |
| 121 | 2. Submit a copy of the petition to the county, if located |
| 122 | within an unincorporated area, or to the municipality, if |
| 123 | located within an incorporated area, and to each municipality |
| 124 | the boundaries of which are contiguous with, or contain all or a |
| 125 | portion of, the land within the external boundaries of the |
| 126 | district. |
| 127 | 3. If land to be included within a district is located |
| 128 | partially within the unincorporated area of one or more counties |
| 129 | and partially within a municipality or within two or more |
| 130 | municipalities, pay a $15,000 filing fee to each entity. |
| 131 | Districts established across county boundaries shall be required |
| 132 | to maintain records, hold meetings and hearings, and publish |
| 133 | notices only in the county where the majority of the acreage |
| 134 | within the district lies. |
| 135 | (c) Such county and each such municipality required by law |
| 136 | to receive a petition may conduct a public hearing to consider |
| 137 | the relationship of the petition to the factors specified in |
| 138 | paragraph (e). The public hearing shall be concluded within 45 |
| 139 | days after the date the petition is filed unless an extension of |
| 140 | time is requested by the petitioner and granted by the county or |
| 141 | municipality. The county or municipality holding such public |
| 142 | hearing may by resolution express its support of, or objection |
| 143 | to the granting of, the petition by the Florida Land and Water |
| 144 | Adjudicatory Commission. A resolution must base any objection to |
| 145 | the granting of the petition upon the factors specified in |
| 146 | paragraph (e). Such county or municipality may present its |
| 147 | resolution of support or objection at the Florida Land and Water |
| 148 | Adjudicatory Commission hearing and shall be afforded an |
| 149 | opportunity to present relevant information in support of its |
| 150 | resolution. |
| 151 | (f) The Florida Land and Water Adjudicatory Commission |
| 152 | shall not adopt any rule which would expand, modify, or delete |
| 153 | any provision of the uniform community development district |
| 154 | charter as set forth in ss. 190.006-190.041, except as provided |
| 155 | in s. 190.012. A rule establishing a community development |
| 156 | district shall only contain the following: |
| 157 | 1. A metes and bounds description of Describe the external |
| 158 | boundaries of the district and any real property within the |
| 159 | external boundaries of the district which is to be excluded. |
| 160 | 2. The names of Name five persons designated to be the |
| 161 | initial members of the board of supervisors. |
| 162 | 3. The name of the district. |
| 163 | (2) The exclusive and uniform method for the establishment |
| 164 | of a community development district of less than 1,000 acres in |
| 165 | size shall be pursuant to an ordinance adopted by the county |
| 166 | commission of the county having jurisdiction over the majority |
| 167 | of land in the area in which the district is to be located |
| 168 | granting a petition for the establishment of a community |
| 169 | development district as follows: |
| 170 | (d) The county commission shall not adopt any ordinance |
| 171 | which would expand, modify, or delete any provision of the |
| 172 | uniform community development district charter as set forth in |
| 173 | ss. 190.006-190.041. An ordinance establishing a community |
| 174 | development district shall only include the matters provided for |
| 175 | in paragraph (1)(f) unless the commission consents to any of the |
| 176 | optional powers under s. 190.012(2) at the request of the |
| 177 | petitioner. |
| 178 | (e) If all of the land in the area for the proposed |
| 179 | district is within the territorial jurisdiction of a municipal |
| 180 | corporation, then the petition requesting establishment of a |
| 181 | community development district under this act shall be filed by |
| 182 | the petitioner with that particular municipal corporation. In |
| 183 | such event, the duties of the county, hereinabove described, in |
| 184 | action upon the petition shall be the duties of the municipal |
| 185 | corporation. If any of the land area of a proposed district is |
| 186 | within the land area of a municipality, the county commission |
| 187 | may not create the district without municipal approval. If all |
| 188 | of the land in the area for the proposed district, even if less |
| 189 | 1,000 acres, is within the territorial jurisdiction of two or |
| 190 | more municipalities, the petition shall be filed with the |
| 191 | Florida Land and Water Adjudicatory Commission and proceed in |
| 192 | accordance with subsection (1). |
| 193 | Section 3. Paragraph (b) of subsection (2) and paragraph |
| 194 | (b) of subsection (3) of section 190.006, Florida Statutes, are |
| 195 | amended to read: |
| 196 | 190.006 Board of supervisors; members and meetings.-- |
| 197 | (2) |
| 198 | (b) At such meeting, each landowner shall be entitled to |
| 199 | cast one vote per acre of land owned by him or her and located |
| 200 | within the district for each person to be elected. A landowner |
| 201 | may vote in person or by proxy in writing. Each proxy must be |
| 202 | signed by one of the legal owners of the property for which the |
| 203 | vote is cast and must contain the typed or printed name of the |
| 204 | individual who signed the proxy; the street address, legal |
| 205 | description of the property, or tax parcel identification |
| 206 | number; and the number of authorized votes. If the proxy |
| 207 | authorizes more than one vote, each property must be listed and |
| 208 | the number of acres of each property must be included. The |
| 209 | signature on a proxy need not be notarized. A fraction of an |
| 210 | acre shall be treated as 1 acre, entitling the landowner to one |
| 211 | vote with respect thereto. For purposes of determining voting |
| 212 | interests, platted lots shall be counted individually and |
| 213 | rounded up to the nearest whole acre. The acreage of platted |
| 214 | lots shall not be aggregated for determining the number of |
| 215 | voting units held by a landowner or a landowner's proxy. The two |
| 216 | candidates receiving the highest number of votes shall be |
| 217 | elected for a period of 4 years, and the three candidates |
| 218 | receiving the next largest number of votes shall be elected for |
| 219 | a period of 2 years, with the term of office for each successful |
| 220 | candidate commencing upon election. The members of the first |
| 221 | board elected by landowners shall serve their respective 4-year |
| 222 | or 2-year terms; however, the next election by landowners shall |
| 223 | be held on the first Tuesday in November. Thereafter, there |
| 224 | shall be an election of supervisors for the district every 2 |
| 225 | years in November on a date established by the board and noticed |
| 226 | pursuant to paragraph (a). The second and subsequent landowners' |
| 227 | election shall be announced at a public meeting of the board at |
| 228 | least 90 days prior to the date of the landowners' meeting and |
| 229 | shall also be noticed pursuant to paragraph (a). Instructions on |
| 230 | how all landowners may participate in the election, along with |
| 231 | sample proxies, shall be provided during the board meeting that |
| 232 | announces the landowners' meeting. The two candidates receiving |
| 233 | the highest number of votes shall be elected to serve for a 4- |
| 234 | year period, and the remaining candidate elected shall serve for |
| 235 | a 2-year period. |
| 236 | (3) |
| 237 | (b) Elections of board members by qualified electors held |
| 238 | pursuant to this subsection shall be nonpartisan and shall be |
| 239 | conducted in the manner prescribed by law for holding general |
| 240 | elections. The district shall publish a notice of the qualifying |
| 241 | period set by the supervisor of elections for each election at |
| 242 | least 2 weeks prior to the start of the qualifying period. Board |
| 243 | members shall assume the office on the second Tuesday following |
| 244 | their election. If no elector qualifies for a seat to be filled |
| 245 | in an election, a vacancy in that seat shall be declared by the |
| 246 | board effective on the second Tuesday following the election. |
| 247 | Within 90 days thereafter, the board shall appoint a qualified |
| 248 | elector to fill the vacancy. Until such appointment, the |
| 249 | incumbent board member in that seat shall remain in office. |
| 250 | Section 4. Effective October 1, 2007, subsection (1) of |
| 251 | section 190.007, Florida Statutes, is amended to read: |
| 252 | 190.007 Board of supervisors; general duties.-- |
| 253 | (1) The board shall employ, and fix the compensation of, a |
| 254 | district manager. The district manager shall have charge and |
| 255 | supervision of the works of the district and shall be |
| 256 | responsible for preserving and maintaining any improvement or |
| 257 | facility constructed or erected pursuant to the provisions of |
| 258 | this act, for maintaining and operating the equipment owned by |
| 259 | the district, and for performing such other duties as may be |
| 260 | prescribed by the board. It shall not be a conflict of interest |
| 261 | under chapter 112 for a board member or the district manager or |
| 262 | another employee of the district to be a stockholder, officer, |
| 263 | or employee of a landowner or of an entity affiliated with a |
| 264 | landowner. The district manager may hire or otherwise employ and |
| 265 | terminate the employment of such other persons, including, |
| 266 | without limitation, professional, supervisory, and clerical |
| 267 | employees, as may be necessary and authorized by the board. The |
| 268 | compensation and other conditions of employment of the officers |
| 269 | and employees of the district shall be as provided by the board. |
| 270 | Section 5. Paragraph (a) of subsection (2) of section |
| 271 | 190.008, Florida Statutes, is amended to read: |
| 272 | 190.008 Budget; reports and reviews.-- |
| 273 | (2)(a) On or before each June July 15, the district |
| 274 | manager shall prepare a proposed budget for the ensuing fiscal |
| 275 | year to be submitted to the board for board approval. The |
| 276 | proposed budget shall include at the direction of the board an |
| 277 | estimate of all necessary expenditures of the district for the |
| 278 | ensuing fiscal year and an estimate of income to the district |
| 279 | from the taxes, and assessments, and other revenues provided in |
| 280 | this act. The board shall consider the proposed budget item by |
| 281 | item and may either approve the budget as proposed by the |
| 282 | district manager or modify the same in part or in whole. The |
| 283 | board shall indicate its approval of the budget by resolution, |
| 284 | which resolution shall provide for a hearing on the budget as |
| 285 | approved. Notice of the hearing on the budget shall be published |
| 286 | in a newspaper of general circulation in the area of the |
| 287 | district once a week for 2 consecutive weeks, except that the |
| 288 | first publication shall be not fewer than 15 days prior to the |
| 289 | date of the hearing. The notice shall further contain a |
| 290 | designation of the day, time, and place of the public hearing. |
| 291 | At the time and place designated in the notice, the board shall |
| 292 | hear all objections to the budget as proposed and may make such |
| 293 | changes as the board deems necessary. At the conclusion of the |
| 294 | budget hearing, the board shall, by resolution, adopt the budget |
| 295 | as finally approved by the board. The budget shall be adopted |
| 296 | prior to October 1 of each year. |
| 297 | Section 6. Subsection (1) of section 190.009, Florida |
| 298 | Statutes, is amended to read: |
| 299 | 190.009 Disclosure of public financing.-- |
| 300 | (1) The district shall take affirmative steps to provide |
| 301 | for the full disclosure of information relating to the public |
| 302 | financing and maintenance of improvements to real property |
| 303 | undertaken by the district. Such information shall be made |
| 304 | available to all existing residents, and to all prospective |
| 305 | residents, of the district. The district shall furnish each |
| 306 | developer of a residential development within the district with |
| 307 | sufficient copies of that information to provide each |
| 308 | prospective initial purchaser of property in that development |
| 309 | with a copy, and any developer of a residential development |
| 310 | within the district, when required by law to provide a public |
| 311 | offering statement, shall include a copy of such information |
| 312 | relating to the public financing and maintenance of improvements |
| 313 | in the public offering statement. The district shall file the |
| 314 | disclosure documents required by this subsection and any |
| 315 | amendments thereto in the property records of each county in |
| 316 | which the district is located. |
| 317 | Section 7. Subsection (14) of section 190.011, Florida |
| 318 | Statutes, is amended to read: |
| 319 | 190.011 General powers.--The district shall have, and the |
| 320 | board may exercise, the following powers: |
| 321 | (14) To determine, order, levy, impose, collect, and |
| 322 | enforce special assessments pursuant to this act and chapter |
| 323 | 170. Such special assessments may, in the discretion of the |
| 324 | district, be collected and enforced pursuant to the provisions |
| 325 | of ss. 197.3631, 197.3632, and 197.3635, or chapter 170, or |
| 326 | chapter 173. |
| 327 | Section 8. Paragraph (d) of subsection (1), subsection |
| 328 | (2), and paragraphs (a) and (b) of subsection (4) of section |
| 329 | 190.012, Florida Statutes, are amended, and paragraph (h) is |
| 330 | added to subsection (1) of that section, to read: |
| 331 | 190.012 Special powers; public improvements and community |
| 332 | facilities.--The district shall have, and the board may |
| 333 | exercise, subject to the regulatory jurisdiction and permitting |
| 334 | authority of all applicable governmental bodies, agencies, and |
| 335 | special districts having authority with respect to any area |
| 336 | included therein, any or all of the following special powers |
| 337 | relating to public improvements and community facilities |
| 338 | authorized by this act: |
| 339 | (1) To finance, fund, plan, establish, acquire, construct |
| 340 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 341 | systems, facilities, and basic infrastructures for the |
| 342 | following: |
| 343 | (d)1. District roads equal to or exceeding the applicable |
| 344 | specifications of the county in which such district roads are |
| 345 | located, roads and improvements to existing public roads that |
| 346 | are owned by or conveyed to the local general-purpose |
| 347 | government, the state, or the Federal Government, street lights, |
| 348 | alleys, landscaping, hardscaping, and the undergrounding of |
| 349 | electric utility lines. Districts may request the underground |
| 350 | placement of utility lines by the local retail electric utility |
| 351 | provider in accordance with the utility's tariff on file with |
| 352 | the Public Service Commission and may finance the required |
| 353 | contribution and street lights. |
| 354 | 2. Buses, trolleys, transit shelters, ridesharing |
| 355 | facilities and services, parking improvements, and related |
| 356 | signage. |
| 357 | (h) Any other project, facility, or service required by a |
| 358 | development approval, interlocal agreement, zoning condition, or |
| 359 | permit issued by a governmental authority with jurisdiction in |
| 360 | the district. |
| 361 | (2) After the board has obtained the consent of the local |
| 362 | general-purpose government within the jurisdiction of which a |
| 363 | power specified in this subsection is to be exercised consents |
| 364 | to the exercise of such power by the district, the district |
| 365 | shall have the power to plan, establish, acquire, construct or |
| 366 | reconstruct, enlarge or extend, equip, operate, and maintain |
| 367 | additional systems and facilities for: |
| 368 | (a) Parks and facilities for indoor and outdoor |
| 369 | recreational, cultural, and educational uses. |
| 370 | (b) Fire prevention and control, including fire stations, |
| 371 | water mains and plugs, fire trucks, and other vehicles and |
| 372 | equipment. |
| 373 | (c) School buildings and related structures and site |
| 374 | improvements, which may be leased, sold, or donated to the |
| 375 | school district, for use in the educational system when |
| 376 | authorized by the district school board. |
| 377 | (d) Security, including, but not limited to, guardhouses, |
| 378 | fences and gates, electronic intrusion-detection systems, and |
| 379 | patrol cars, when authorized by proper governmental agencies; |
| 380 | except that the district may not exercise any police power, but |
| 381 | may contract with the appropriate local general-purpose |
| 382 | government agencies for an increased level of such services |
| 383 | within the district boundaries. |
| 384 | (e) Control and elimination of mosquitoes and other |
| 385 | arthropods of public health importance. |
| 386 | (f) Waste collection and disposal. |
| 387 | (4)(a) To adopt rules necessary for the district to |
| 388 | enforce certain deed restrictions pertaining to the use and |
| 389 | operation of real property within the district and outside the |
| 390 | district if pursuant to an interlocal agreement under chapter |
| 391 | 163. For the purpose of this subsection, "deed restrictions" are |
| 392 | those covenants, conditions, and restrictions contained in any |
| 393 | applicable declarations of covenants and restrictions that |
| 394 | govern the use and operation of real property within the |
| 395 | district and, for which covenants, conditions, and restrictions, |
| 396 | there is no homeowners' association or property owner's |
| 397 | association having respective enforcement powers. The district |
| 398 | may adopt by rule all or certain portions of the deed |
| 399 | restrictions that: |
| 400 | 1. Relate to limitations or prohibitions that apply only |
| 401 | to external structures and are deemed by the district to be |
| 402 | generally beneficial for the district's landowners and for which |
| 403 | enforcement by the district is appropriate, as determined by the |
| 404 | district's board of supervisors; or |
| 405 | 2. Are consistent with the requirements of a development |
| 406 | order or regulatory agency permit. |
| 407 | (b) The board may vote to adopt such rules only when all |
| 408 | of the following conditions exist: |
| 409 | 1. The district's geographic area contains no homeowners' |
| 410 | associations as defined in s. 720.301(9); |
| 411 | 2. The district was in existence on the effective date of |
| 412 | this subsection, or is located within a development that |
| 413 | consists of multiple developments of regional impact and a |
| 414 | Florida Quality Development; |
| 415 | 3. For residential districts, the majority of the board |
| 416 | has been elected by qualified electors pursuant to the |
| 417 | provisions of s. 190.006; and |
| 418 | 4. The declarant in any applicable declarations of |
| 419 | covenants and restrictions has provided the board with a written |
| 420 | agreement that such rules may be adopted. A memorandum of the |
| 421 | agreement shall be recorded in the public records. |
| 422 | Section 9. Section 190.014, Florida Statutes, is amended |
| 423 | to read: |
| 424 | 190.014 Issuance of bond anticipation notes.--In addition |
| 425 | to the other powers provided for in this act, and not in |
| 426 | limitation thereof, the district shall have the power, at any |
| 427 | time, and from time to time after the issuance of any bonds of |
| 428 | the district shall have been authorized, to borrow money for the |
| 429 | purposes for which such bonds are to be issued in anticipation |
| 430 | of the receipt of the proceeds of the sale of such bonds and to |
| 431 | issue bond anticipation notes in a principal sum not in excess |
| 432 | of the authorized maximum amount of such bond issue. Such notes |
| 433 | shall be in such denomination or denominations, bear interest at |
| 434 | such rate as the board may determine in compliance with s. |
| 435 | 215.84, mature at such time or times not later than 5 years from |
| 436 | the date of issuance, and be in such form and executed in such |
| 437 | manner as the board shall prescribe. Such notes may be sold at |
| 438 | either public or private sale or, if such notes shall be renewal |
| 439 | notes, may be exchanged for notes then outstanding on such terms |
| 440 | as the board shall determine. Such notes shall be paid from the |
| 441 | proceeds of such bonds when issued. The board may, in its |
| 442 | discretion, in lieu of retiring the notes by means of bonds, |
| 443 | retire them by means of current revenues or from any taxes or |
| 444 | assessments levied for the payment of such bonds; but in such |
| 445 | event a like amount of the bonds authorized shall not be issued. |
| 446 | Non-ad valorem assessments levied to pay interest on bond |
| 447 | anticipation notes shall not constitute an installment of |
| 448 | assessments under s. 190.022. |
| 449 | Section 10. Subsections (2), (3), and (9) of section |
| 450 | 190.021, Florida Statutes, are amended to read: |
| 451 | 190.021 Taxes; non-ad valorem assessments.-- |
| 452 | (2) BENEFIT SPECIAL ASSESSMENTS.--The board shall annually |
| 453 | determine, order, and levy the annual installment of the total |
| 454 | benefit special assessments for bonds issued and related |
| 455 | expenses to finance district facilities and projects which are |
| 456 | levied under this act. These assessments may be due and |
| 457 | collected during each year that county taxes are due and |
| 458 | collected, in which case such annual installment and levy shall |
| 459 | be evidenced to and certified to the property appraiser by the |
| 460 | board not later than August 31 of each year, and such assessment |
| 461 | shall be entered by the property appraiser on the county tax |
| 462 | rolls, and shall be collected and enforced by the tax collector |
| 463 | in the same manner and at the same time as county taxes, and the |
| 464 | proceeds thereof shall be paid to the district. However, this |
| 465 | subsection shall not prohibit the district in its discretion |
| 466 | from using the method prescribed in either s. 197.363 or s. |
| 467 | 197.3632 for collecting and enforcing these assessments. Notice |
| 468 | of the proposed amount of the assessment pursuant to s. 200.069 |
| 469 | that includes the date and time of the hearing may be used in |
| 470 | lieu of the notice provisions of s. 197.3632(4)(b). These |
| 471 | benefit special assessments shall be a lien on the property |
| 472 | against which assessed until paid and shall be enforceable in |
| 473 | like manner as county taxes. The amount of the assessment for |
| 474 | the exercise of the district's powers under ss. 190.011 and |
| 475 | 190.012 shall be determined by the board based upon a report of |
| 476 | the district's engineer and assessed by the board upon such |
| 477 | lands, which may be part or all of the lands within the district |
| 478 | benefited by the improvement, apportioned between benefited |
| 479 | lands in proportion to the benefits received by each tract of |
| 480 | land. |
| 481 | (3) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and |
| 482 | preserve the facilities and projects of the district, the board |
| 483 | may levy a maintenance special assessment. This assessment may |
| 484 | be evidenced to and certified to the property appraiser by the |
| 485 | board of supervisors not later than August 31 of each year and |
| 486 | shall be entered by the property appraiser on the county tax |
| 487 | rolls and shall be collected and enforced by the tax collector |
| 488 | in the same manner and at the same time as county taxes, and the |
| 489 | proceeds therefrom shall be paid to the district. However, this |
| 490 | subsection shall not prohibit the district in its discretion |
| 491 | from using the method prescribed in either s. 197.363 or s. |
| 492 | 197.3632 for collecting and enforcing these assessments. Notice |
| 493 | of the proposed amount of the assessment pursuant to s. 200.069 |
| 494 | that includes the date and time of the hearing may be used in |
| 495 | lieu of the notice provisions of s. 197.3632(4)(b). These |
| 496 | maintenance special assessments shall be a lien on the property |
| 497 | against which assessed until paid and shall be enforceable in |
| 498 | like manner as county taxes. The amount of the maintenance |
| 499 | special assessment for the exercise of the district's powers |
| 500 | under ss. 190.011 and 190.012 shall be determined by the board |
| 501 | based upon a report of the district's engineer and assessed by |
| 502 | the board upon such lands, which may be all of the lands within |
| 503 | the district benefited by the maintenance thereof, apportioned |
| 504 | between the benefited lands in proportion to the benefits |
| 505 | received by each tract of land. |
| 506 | (9) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit |
| 507 | special assessments and maintenance special assessments |
| 508 | authorized by this section, and special assessments authorized |
| 509 | by s. 190.022 and chapter 170, shall constitute a lien on the |
| 510 | property against which assessed from the date of imposition |
| 511 | thereof until paid, coequal with the lien of state, county, |
| 512 | municipal, and school board taxes. These non-ad valorem |
| 513 | assessments may be collected, at the district's discretion, by |
| 514 | the tax collector pursuant to the provisions of s. 197.363 or s. |
| 515 | 197.3632, or in accordance with other collection measures |
| 516 | provided by law. |
| 517 | Section 11. Section 190.026, Florida Statutes, is amended |
| 518 | to read: |
| 519 | 190.026 Foreclosure of liens.--Any lien in favor of the |
| 520 | district arising under this act may be foreclosed by the |
| 521 | district by foreclosure proceedings in the name of the district |
| 522 | in a court of competent jurisdiction as provided by general law |
| 523 | in like manner as is provided in chapter 170 or chapter 173 and |
| 524 | amendments thereto; the provisions of those chapters that |
| 525 | chapter shall be applicable to such proceedings with the same |
| 526 | force and effect as if those provisions were expressly set forth |
| 527 | in this act. Any act required or authorized to be done by or on |
| 528 | behalf of a municipality in foreclosure proceedings under |
| 529 | chapter 170 or chapter 173 may be performed by such officer or |
| 530 | agent of the district as the board of supervisors may designate. |
| 531 | Such foreclosure proceedings may be brought at any time after |
| 532 | the expiration of 1 year from the date any tax, or installment |
| 533 | thereof, becomes delinquent; however no lien shall be foreclosed |
| 534 | against any political subdivision or agency of the state. Other |
| 535 | legal remedies shall remain available. |
| 536 | Section 12. Subsections (1) and (3) of section 190.033, |
| 537 | Florida Statutes, are amended to read: |
| 538 | 190.033 Bids required.-- |
| 539 | (1) No contract shall be let by the board for any goods, |
| 540 | supplies, or materials to be purchased when the amount thereof |
| 541 | to be paid by the district shall exceed the amount provided in |
| 542 | s. 287.017 for category four, unless notice of bids or other |
| 543 | competitive solicitation, including requests for proposals or |
| 544 | qualifications, is shall be advertised once in a newspaper in |
| 545 | general circulation in the county and in the district. Any board |
| 546 | seeking to construct or improve a public building, structure, or |
| 547 | other public works shall comply with the bidding procedures of |
| 548 | s. 255.20 and other applicable general law. In each case, the |
| 549 | bid of the lowest responsive and responsible bidder shall be |
| 550 | accepted unless all bids are rejected because the bids are too |
| 551 | high, or the board determines it is in the best interests of the |
| 552 | district to reject all bids. In each case in which requests for |
| 553 | proposals, qualifications, or other competitive solicitations |
| 554 | are used, the district shall determine which response is most |
| 555 | advantageous for the district and award the contract to that |
| 556 | proposer. The board may require the bidders or proposers to |
| 557 | furnish bond with a responsible surety to be approved by the |
| 558 | board. If the district does not receive a response to its |
| 559 | competitive solicitation, the district may proceed to purchase |
| 560 | such goods, supplies, materials, or construction services in the |
| 561 | manner it deems in the best interests of the district. Nothing |
| 562 | in this section shall prevent the board from undertaking and |
| 563 | performing the construction, operation, and maintenance of any |
| 564 | project or facility authorized by this act by the employment of |
| 565 | labor, material, and machinery. |
| 566 | (3) Contracts for maintenance services for any district |
| 567 | facility or project shall be subject to competitive solicitation |
| 568 | bidding requirements when the amount thereof to be paid by the |
| 569 | district exceeds the amount provided in s. 287.017 for category |
| 570 | four. The district shall adopt rules, policies, or procedures |
| 571 | establishing competitive solicitation bidding procedures for |
| 572 | maintenance services. Contracts for other services shall not be |
| 573 | subject to competitive solicitation bidding unless the district |
| 574 | adopts a rule, policy, or procedure applying competitive |
| 575 | solicitation bidding procedures to said contracts. |
| 576 | Section 13. Subsection (1) of section 190.047, Florida |
| 577 | Statutes, is amended to read: |
| 578 | 190.047 Incorporation or annexation of district.-- |
| 579 | (1) Upon attaining the population standards for |
| 580 | incorporation contained in s. 165.061 and as determined by the |
| 581 | Department of Community Affairs, any district wholly contained |
| 582 | within the unincorporated area of a county that also meets the |
| 583 | other requirements for incorporation contained in s. 165.061 |
| 584 | shall hold a referendum at a general election on the question of |
| 585 | whether to incorporate. However, any district contiguous to the |
| 586 | boundary of a municipality may be annexed to such municipality |
| 587 | pursuant to the provisions of chapter 171. |
| 588 | Section 14. Except as otherwise expressly provided in this |
| 589 | act, this act shall take effect July 1, 2007. |