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 districts to request
31certain activities by local retail utility providers and
32to finance such activities; authorizing the district to
33adopt rules for enforcement of deed restrictions outside
34the district pursuant to an interlocal agreement; revising
35the requirements for the adoption of such rules; amending
36s. 190.014, F.S.; specifying that non-ad valorem
37assessments levied to pay interest on bond anticipation
38notes do not qualify as assessment installments; amending
39s. 190.021, F.S.; authorizing the use of combined notice
40of proposed assessments under certain circumstances;
41providing that assessments authorized under ch. 170, F.S.,
42constitute liens and are subject to certain collection
43procedures; amending s. 190.026, F.S.; providing that
44foreclosure proceedings authorized under ch. 170, F.S.,
45apply to certain district proceedings; amending s.
46190.033, F.S.; providing for competitive solicitation;
47authorizing the district to proceed with purchasing under
48certain circumstances; amending s. 190.047, F.S.;
49specifying the determination of population standards by
50the Department of Community Affairs for the purposes of
51incorporation or annexation of districts; requiring
52unincorporated areas to meet certain criteria for
53incorporation; requiring certain referenda to be held at
54general elections; providing effective dates.
55
56Be 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
60Statutes, 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
63special-purpose government which is created pursuant to this act
64and limited to the performance of those specialized functions
65authorized by this act; the boundaries of which are contained
66wholly within a single county; the governing head of which is a
67body created, organized, and constituted and authorized to
68function specifically as prescribed in this act for the purpose
69of the delivery of urban community development services; and the
70formation, powers, governing body, operation, duration,
71accountability, requirements for disclosure, and termination of
72which are as required by general law.
73     (7)  "Cost," when used with reference to any project,
74includes, but is not limited to:
75     (p)  Payments, contributions, dedications, fair share or
76concurrency obligations, and any other exactions required as a
77condition to receive any government approval or permit necessary
78to accomplish any district purpose.
79     (20)  "Water management and control facilities" means any
80lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
81floodways, curbs, gutters, pumping stations, or any other works,
82structures, or facilities for the conservation, control,
83development, utilization, and disposal of water, and any
84purposes appurtenant, necessary, or incidental thereto. The term
85"water management and control facilities" includes all real and
86personal property and any interest therein, rights, easements,
87and franchises of any nature relating to any such water
88management and control facilities or necessary or convenient for
89the acquisition, construction, reconstruction, operation, or
90maintenance thereof.
91     (21)  "Water system" means any plant, system, facility, or
92property and additions, extensions, and improvements thereto at
93any future time constructed or acquired as part thereof, useful
94or necessary or having the present capacity for future use in
95connection with the development of sources, treatment, or
96purification and distribution of water. Without limiting the
97generality of the foregoing, the term "water system" includes
98dams, reservoirs, storage, tanks, mains, lines, valves,
99hydrants, pumping stations, chilled water distribution systems,
100laterals, and pipes for the purpose of carrying water to the
101premises connected with such system, and all rights, easements,
102and franchises of any nature relating to any such system and
103necessary or convenient for the operation thereof.
104     Section 2.  Paragraphs (b), (c), and (f) of subsection (1)
105and paragraphs (d) and (e) of subsection (2) of section 190.005,
106Florida Statutes, are amended to read:
107     190.005  Establishment of district.--
108     (1)  The exclusive and uniform method for the establishment
109of a community development district with a size of 1,000 acres
110or more shall be pursuant to a rule, adopted under chapter 120
111by the Florida Land and Water Adjudicatory Commission, granting
112a petition for the establishment of a community development
113district.
114     (b)  Prior to filing the petition, the petitioner shall:
115     1.  Pay a filing fee of $15,000 to the county, if located
116within an unincorporated area, or to the municipality, if
117located within an incorporated area, and to each municipality
118the boundaries of which are contiguous with, or contain all or a
119portion of the land within, the external boundaries of the
120district.
121     2.  Submit a copy of the petition to the county, if located
122within an unincorporated area, or to the municipality, if
123located within an incorporated area, and to each municipality
124the boundaries of which are contiguous with, or contain all or a
125portion of, the land within the external boundaries of the
126district.
127     3.  If land to be included within a district is located
128partially within the unincorporated area of one or more counties
129and partially within a municipality or within two or more
130municipalities, pay a $15,000 filing fee to each entity.
131Districts established across county boundaries shall be required
132to maintain records, hold meetings and hearings, and publish
133notices only in the county where the majority of the acreage
134within the district lies.
135     (c)  Such county and each such municipality required by law
136to receive a petition may conduct a public hearing to consider
137the relationship of the petition to the factors specified in
138paragraph (e). The public hearing shall be concluded within 45
139days after the date the petition is filed unless an extension of
140time is requested by the petitioner and granted by the county or
141municipality. The county or municipality holding such public
142hearing may by resolution express its support of, or objection
143to the granting of, the petition by the Florida Land and Water
144Adjudicatory Commission. A resolution must base any objection to
145the granting of the petition upon the factors specified in
146paragraph (e). Such county or municipality may present its
147resolution of support or objection at the Florida Land and Water
148Adjudicatory Commission hearing and shall be afforded an
149opportunity to present relevant information in support of its
150resolution.
151     (f)  The Florida Land and Water Adjudicatory Commission
152shall not adopt any rule which would expand, modify, or delete
153any provision of the uniform community development district
154charter as set forth in ss. 190.006-190.041, except as provided
155in s. 190.012. A rule establishing a community development
156district shall only contain the following:
157     1.  A metes and bounds description of Describe the external
158boundaries of the district and any real property within the
159external boundaries of the district which is to be excluded.
160     2.  The names of Name five persons designated to be the
161initial members of the board of supervisors.
162     3.  The name of the district.
163     (2)  The exclusive and uniform method for the establishment
164of a community development district of less than 1,000 acres in
165size shall be pursuant to an ordinance adopted by the county
166commission of the county having jurisdiction over the majority
167of land in the area in which the district is to be located
168granting a petition for the establishment of a community
169development district as follows:
170     (d)  The county commission shall not adopt any ordinance
171which would expand, modify, or delete any provision of the
172uniform community development district charter as set forth in
173ss. 190.006-190.041. An ordinance establishing a community
174development district shall only include the matters provided for
175in paragraph (1)(f) unless the commission consents to any of the
176optional powers under s. 190.012(2) at the request of the
177petitioner.
178     (e)  If all of the land in the area for the proposed
179district is within the territorial jurisdiction of a municipal
180corporation, then the petition requesting establishment of a
181community development district under this act shall be filed by
182the petitioner with that particular municipal corporation. In
183such event, the duties of the county, hereinabove described, in
184action upon the petition shall be the duties of the municipal
185corporation. If any of the land area of a proposed district is
186within the land area of a municipality, the county commission
187may not create the district without municipal approval. If all
188of the land in the area for the proposed district, even if less
1891,000 acres, is within the territorial jurisdiction of two or
190more municipalities, the petition shall be filed with the
191Florida Land and Water Adjudicatory Commission and proceed in
192accordance 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
195amended to read:
196     190.006  Board of supervisors; members and meetings.--
197     (2)
198     (b)  At such meeting, each landowner shall be entitled to
199cast one vote per acre of land owned by him or her and located
200within the district for each person to be elected. A landowner
201may vote in person or by proxy in writing. Each proxy must be
202signed by one of the legal owners of the property for which the
203vote is cast and must contain the typed or printed name of the
204individual who signed the proxy; the street address, legal
205description of the property, or tax parcel identification
206number; and the number of authorized votes. If the proxy
207authorizes more than one vote, each property must be listed and
208the number of acres of each property must be included. The
209signature on a proxy need not be notarized. A fraction of an
210acre shall be treated as 1 acre, entitling the landowner to one
211vote with respect thereto. For purposes of determining voting
212interests, platted lots shall be counted individually and
213rounded up to the nearest whole acre. The acreage of platted
214lots shall not be aggregated for determining the number of
215voting units held by a landowner or a landowner's proxy. The two
216candidates receiving the highest number of votes shall be
217elected for a period of 4 years, and the three candidates
218receiving the next largest number of votes shall be elected for
219a period of 2 years, with the term of office for each successful
220candidate commencing upon election. The members of the first
221board elected by landowners shall serve their respective 4-year
222or 2-year terms; however, the next election by landowners shall
223be held on the first Tuesday in November. Thereafter, there
224shall be an election of supervisors for the district every 2
225years in November on a date established by the board and noticed
226pursuant to paragraph (a). The second and subsequent landowners'
227election shall be announced at a public meeting of the board at
228least 90 days prior to the date of the landowners' meeting and
229shall also be noticed pursuant to paragraph (a). Instructions on
230how all landowners may participate in the election, along with
231sample proxies, shall be provided during the board meeting that
232announces the landowners' meeting. The two candidates receiving
233the highest number of votes shall be elected to serve for a 4-
234year period, and the remaining candidate elected shall serve for
235a 2-year period.
236     (3)
237     (b)  Elections of board members by qualified electors held
238pursuant to this subsection shall be nonpartisan and shall be
239conducted in the manner prescribed by law for holding general
240elections. The district shall publish a notice of the qualifying
241period set by the supervisor of elections for each election at
242least 2 weeks prior to the start of the qualifying period. Board
243members shall assume the office on the second Tuesday following
244their election. If no elector qualifies for a seat to be filled
245in an election, a vacancy in that seat shall be declared by the
246board effective on the second Tuesday following the election.
247Within 90 days thereafter, the board shall appoint a qualified
248elector to fill the vacancy. Until such appointment, the
249incumbent board member in that seat shall remain in office.
250     Section 4.  Effective October 1, 2007, subsection (1) of
251section 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
254district manager. The district manager shall have charge and
255supervision of the works of the district and shall be
256responsible for preserving and maintaining any improvement or
257facility constructed or erected pursuant to the provisions of
258this act, for maintaining and operating the equipment owned by
259the district, and for performing such other duties as may be
260prescribed by the board. It shall not be a conflict of interest
261under chapter 112 for a board member or the district manager or
262another employee of the district to be a stockholder, officer,
263or employee of a landowner or of an entity affiliated with a
264landowner. The district manager may hire or otherwise employ and
265terminate the employment of such other persons, including,
266without limitation, professional, supervisory, and clerical
267employees, as may be necessary and authorized by the board. The
268compensation and other conditions of employment of the officers
269and employees of the district shall be as provided by the board.
270     Section 5.  Paragraph (a) of subsection (2) of section
271190.008, 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
274manager shall prepare a proposed budget for the ensuing fiscal
275year to be submitted to the board for board approval. The
276proposed budget shall include at the direction of the board an
277estimate of all necessary expenditures of the district for the
278ensuing fiscal year and an estimate of income to the district
279from the taxes, and assessments, and other revenues provided in
280this act. The board shall consider the proposed budget item by
281item and may either approve the budget as proposed by the
282district manager or modify the same in part or in whole. The
283board shall indicate its approval of the budget by resolution,
284which resolution shall provide for a hearing on the budget as
285approved. Notice of the hearing on the budget shall be published
286in a newspaper of general circulation in the area of the
287district once a week for 2 consecutive weeks, except that the
288first publication shall be not fewer than 15 days prior to the
289date of the hearing. The notice shall further contain a
290designation of the day, time, and place of the public hearing.
291At the time and place designated in the notice, the board shall
292hear all objections to the budget as proposed and may make such
293changes as the board deems necessary. At the conclusion of the
294budget hearing, the board shall, by resolution, adopt the budget
295as finally approved by the board. The budget shall be adopted
296prior to October 1 of each year.
297     Section 6.  Subsection (1) of section 190.009, Florida
298Statutes, is amended to read:
299     190.009  Disclosure of public financing.--
300     (1)  The district shall take affirmative steps to provide
301for the full disclosure of information relating to the public
302financing and maintenance of improvements to real property
303undertaken by the district. Such information shall be made
304available to all existing residents, and to all prospective
305residents, of the district. The district shall furnish each
306developer of a residential development within the district with
307sufficient copies of that information to provide each
308prospective initial purchaser of property in that development
309with a copy, and any developer of a residential development
310within the district, when required by law to provide a public
311offering statement, shall include a copy of such information
312relating to the public financing and maintenance of improvements
313in the public offering statement. The district shall file the
314disclosure documents required by this subsection and any
315amendments thereto in the property records of each county in
316which the district is located.
317     Section 7.  Subsection (14) of section 190.011, Florida
318Statutes, is amended to read:
319     190.011  General powers.--The district shall have, and the
320board may exercise, the following powers:
321     (14)  To determine, order, levy, impose, collect, and
322enforce special assessments pursuant to this act and chapter
323170. Such special assessments may, in the discretion of the
324district, be collected and enforced pursuant to the provisions
325of ss. 197.3631, 197.3632, and 197.3635, or chapter 170, or
326chapter 173.
327     Section 8.  Paragraph (d) of subsection (1), subsection
328(2), and paragraphs (a) and (b) of subsection (4) of section
329190.012, Florida Statutes, are amended, and paragraph (h) is
330added to subsection (1) of that section, to read:
331     190.012  Special powers; public improvements and community
332facilities.--The district shall have, and the board may
333exercise, subject to the regulatory jurisdiction and permitting
334authority of all applicable governmental bodies, agencies, and
335special districts having authority with respect to any area
336included therein, any or all of the following special powers
337relating to public improvements and community facilities
338authorized by this act:
339     (1)  To finance, fund, plan, establish, acquire, construct
340or reconstruct, enlarge or extend, equip, operate, and maintain
341systems, facilities, and basic infrastructures for the
342following:
343     (d)1.  District roads equal to or exceeding the applicable
344specifications of the county in which such district roads are
345located, roads and improvements to existing public roads that
346are owned by or conveyed to the local general-purpose
347government, the state, or the Federal Government, street lights,
348alleys, landscaping, hardscaping, and the undergrounding of
349electric utility lines. Districts may request the underground
350placement of utility lines by the local retail electric utility
351provider in accordance with the utility's tariff on file with
352the Public Service Commission and may finance the required
353contribution and street lights.
354     2.  Buses, trolleys, transit shelters, ridesharing
355facilities and services, parking improvements, and related
356signage.
357     (h)  Any other project, facility, or service required by a
358development approval, interlocal agreement, zoning condition, or
359permit issued by a governmental authority with jurisdiction in
360the district.
361     (2)  After the board has obtained the consent of the local
362general-purpose government within the jurisdiction of which a
363power specified in this subsection is to be exercised consents
364to the exercise of such power by the district, the district
365shall have the power to plan, establish, acquire, construct or
366reconstruct, enlarge or extend, equip, operate, and maintain
367additional systems and facilities for:
368     (a)  Parks and facilities for indoor and outdoor
369recreational, cultural, and educational uses.
370     (b)  Fire prevention and control, including fire stations,
371water mains and plugs, fire trucks, and other vehicles and
372equipment.
373     (c)  School buildings and related structures and site
374improvements, which may be leased, sold, or donated to the
375school district, for use in the educational system when
376authorized by the district school board.
377     (d)  Security, including, but not limited to, guardhouses,
378fences and gates, electronic intrusion-detection systems, and
379patrol cars, when authorized by proper governmental agencies;
380except that the district may not exercise any police power, but
381may contract with the appropriate local general-purpose
382government agencies for an increased level of such services
383within the district boundaries.
384     (e)  Control and elimination of mosquitoes and other
385arthropods of public health importance.
386     (f)  Waste collection and disposal.
387     (4)(a)  To adopt rules necessary for the district to
388enforce certain deed restrictions pertaining to the use and
389operation of real property within the district and outside the
390district if pursuant to an interlocal agreement under chapter
391163. For the purpose of this subsection, "deed restrictions" are
392those covenants, conditions, and restrictions contained in any
393applicable declarations of covenants and restrictions that
394govern the use and operation of real property within the
395district and, for which covenants, conditions, and restrictions,
396there is no homeowners' association or property owner's
397association having respective enforcement powers. The district
398may adopt by rule all or certain portions of the deed
399restrictions that:
400     1.  Relate to limitations or prohibitions that apply only
401to external structures and are deemed by the district to be
402generally beneficial for the district's landowners and for which
403enforcement by the district is appropriate, as determined by the
404district's board of supervisors; or
405     2.  Are consistent with the requirements of a development
406order or regulatory agency permit.
407     (b)  The board may vote to adopt such rules only when all
408of the following conditions exist:
409     1.  The district's geographic area contains no homeowners'
410associations as defined in s. 720.301(9);
411     2.  The district was in existence on the effective date of
412this subsection, or is located within a development that
413consists of multiple developments of regional impact and a
414Florida Quality Development;
415     3.  For residential districts, the majority of the board
416has been elected by qualified electors pursuant to the
417provisions of s. 190.006; and
418     4.  The declarant in any applicable declarations of
419covenants and restrictions has provided the board with a written
420agreement that such rules may be adopted. A memorandum of the
421agreement shall be recorded in the public records.
422     Section 9.  Section 190.014, Florida Statutes, is amended
423to read:
424     190.014  Issuance of bond anticipation notes.--In addition
425to the other powers provided for in this act, and not in
426limitation thereof, the district shall have the power, at any
427time, and from time to time after the issuance of any bonds of
428the district shall have been authorized, to borrow money for the
429purposes for which such bonds are to be issued in anticipation
430of the receipt of the proceeds of the sale of such bonds and to
431issue bond anticipation notes in a principal sum not in excess
432of the authorized maximum amount of such bond issue. Such notes
433shall be in such denomination or denominations, bear interest at
434such rate as the board may determine in compliance with s.
435215.84, mature at such time or times not later than 5 years from
436the date of issuance, and be in such form and executed in such
437manner as the board shall prescribe. Such notes may be sold at
438either public or private sale or, if such notes shall be renewal
439notes, may be exchanged for notes then outstanding on such terms
440as the board shall determine. Such notes shall be paid from the
441proceeds of such bonds when issued. The board may, in its
442discretion, in lieu of retiring the notes by means of bonds,
443retire them by means of current revenues or from any taxes or
444assessments levied for the payment of such bonds; but in such
445event a like amount of the bonds authorized shall not be issued.
446Non-ad valorem assessments levied to pay interest on bond
447anticipation notes shall not constitute an installment of
448assessments under s. 190.022.
449     Section 10.  Subsections (2), (3), and (9) of section
450190.021, Florida Statutes, are amended to read:
451     190.021  Taxes; non-ad valorem assessments.--
452     (2)  BENEFIT SPECIAL ASSESSMENTS.--The board shall annually
453determine, order, and levy the annual installment of the total
454benefit special assessments for bonds issued and related
455expenses to finance district facilities and projects which are
456levied under this act. These assessments may be due and
457collected during each year that county taxes are due and
458collected, in which case such annual installment and levy shall
459be evidenced to and certified to the property appraiser by the
460board not later than August 31 of each year, and such assessment
461shall be entered by the property appraiser on the county tax
462rolls, and shall be collected and enforced by the tax collector
463in the same manner and at the same time as county taxes, and the
464proceeds thereof shall be paid to the district. However, this
465subsection shall not prohibit the district in its discretion
466from using the method prescribed in either s. 197.363 or s.
467197.3632 for collecting and enforcing these assessments. Notice
468of the proposed amount of the assessment pursuant to s. 200.069
469that includes the date and time of the hearing may be used in
470lieu of the notice provisions of s. 197.3632(4)(b). These
471benefit special assessments shall be a lien on the property
472against which assessed until paid and shall be enforceable in
473like manner as county taxes. The amount of the assessment for
474the exercise of the district's powers under ss. 190.011 and
475190.012 shall be determined by the board based upon a report of
476the district's engineer and assessed by the board upon such
477lands, which may be part or all of the lands within the district
478benefited by the improvement, apportioned between benefited
479lands in proportion to the benefits received by each tract of
480land.
481     (3)  MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and
482preserve the facilities and projects of the district, the board
483may levy a maintenance special assessment. This assessment may
484be evidenced to and certified to the property appraiser by the
485board of supervisors not later than August 31 of each year and
486shall be entered by the property appraiser on the county tax
487rolls and shall be collected and enforced by the tax collector
488in the same manner and at the same time as county taxes, and the
489proceeds therefrom shall be paid to the district. However, this
490subsection shall not prohibit the district in its discretion
491from using the method prescribed in either s. 197.363 or s.
492197.3632 for collecting and enforcing these assessments. Notice
493of the proposed amount of the assessment pursuant to s. 200.069
494that includes the date and time of the hearing may be used in
495lieu of the notice provisions of s. 197.3632(4)(b). These
496maintenance special assessments shall be a lien on the property
497against which assessed until paid and shall be enforceable in
498like manner as county taxes. The amount of the maintenance
499special assessment for the exercise of the district's powers
500under ss. 190.011 and 190.012 shall be determined by the board
501based upon a report of the district's engineer and assessed by
502the board upon such lands, which may be all of the lands within
503the district benefited by the maintenance thereof, apportioned
504between the benefited lands in proportion to the benefits
505received by each tract of land.
506     (9)  ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit
507special assessments and maintenance special assessments
508authorized by this section, and special assessments authorized
509by s. 190.022 and chapter 170, shall constitute a lien on the
510property against which assessed from the date of imposition
511thereof until paid, coequal with the lien of state, county,
512municipal, and school board taxes. These non-ad valorem
513assessments may be collected, at the district's discretion, by
514the tax collector pursuant to the provisions of s. 197.363 or s.
515197.3632, or in accordance with other collection measures
516provided by law.
517     Section 11.  Section 190.026, Florida Statutes, is amended
518to read:
519     190.026  Foreclosure of liens.--Any lien in favor of the
520district arising under this act may be foreclosed by the
521district by foreclosure proceedings in the name of the district
522in a court of competent jurisdiction as provided by general law
523in like manner as is provided in chapter 170 or chapter 173 and
524amendments thereto; the provisions of those chapters that
525chapter shall be applicable to such proceedings with the same
526force and effect as if those provisions were expressly set forth
527in this act. Any act required or authorized to be done by or on
528behalf of a municipality in foreclosure proceedings under
529chapter 170 or chapter 173 may be performed by such officer or
530agent of the district as the board of supervisors may designate.
531Such foreclosure proceedings may be brought at any time after
532the expiration of 1 year from the date any tax, or installment
533thereof, becomes delinquent; however no lien shall be foreclosed
534against any political subdivision or agency of the state. Other
535legal remedies shall remain available.
536     Section 12.  Subsections (1) and (3) of section 190.033,
537Florida Statutes, are amended to read:
538     190.033  Bids required.--
539     (1)  No contract shall be let by the board for any goods,
540supplies, or materials to be purchased when the amount thereof
541to be paid by the district shall exceed the amount provided in
542s. 287.017 for category four, unless notice of bids or other
543competitive solicitation, including requests for proposals or
544qualifications, is shall be advertised once in a newspaper in
545general circulation in the county and in the district. Any board
546seeking to construct or improve a public building, structure, or
547other public works shall comply with the bidding procedures of
548s. 255.20 and other applicable general law. In each case, the
549bid of the lowest responsive and responsible bidder shall be
550accepted unless all bids are rejected because the bids are too
551high, or the board determines it is in the best interests of the
552district to reject all bids. In each case in which requests for
553proposals, qualifications, or other competitive solicitations
554are used, the district shall determine which response is most
555advantageous for the district and award the contract to that
556proposer. The board may require the bidders or proposers to
557furnish bond with a responsible surety to be approved by the
558board. If the district does not receive a response to its
559competitive solicitation, the district may proceed to purchase
560such goods, supplies, materials, or construction services in the
561manner it deems in the best interests of the district. Nothing
562in this section shall prevent the board from undertaking and
563performing the construction, operation, and maintenance of any
564project or facility authorized by this act by the employment of
565labor, material, and machinery.
566     (3)  Contracts for maintenance services for any district
567facility or project shall be subject to competitive solicitation
568bidding requirements when the amount thereof to be paid by the
569district exceeds the amount provided in s. 287.017 for category
570four. The district shall adopt rules, policies, or procedures
571establishing competitive solicitation bidding procedures for
572maintenance services. Contracts for other services shall not be
573subject to competitive solicitation bidding unless the district
574adopts a rule, policy, or procedure applying competitive
575solicitation bidding procedures to said contracts.
576     Section 13.  Subsection (1) of section 190.047, Florida
577Statutes, is amended to read:
578     190.047  Incorporation or annexation of district.--
579     (1)  Upon attaining the population standards for
580incorporation contained in s. 165.061 and as determined by the
581Department of Community Affairs, any district wholly contained
582within the unincorporated area of a county that also meets the
583other requirements for incorporation contained in s. 165.061
584shall hold a referendum at a general election on the question of
585whether to incorporate. However, any district contiguous to the
586boundary of a municipality may be annexed to such municipality
587pursuant to the provisions of chapter 171.
588     Section 14.  Except as otherwise expressly provided in this
589act, this act shall take effect July 1, 2007.


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