Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2700
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CHAMBER ACTION
Senate House
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11 The Committee on Finance and Tax (Haridopolos) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Subsection (6), paragraph (p) of subsection
19 (7), and subsections (20) and (21) of section 190.003, Florida
20 Statutes, are amended to read:
21 190.003 Definitions.--As used in this chapter, the
22 term:
23 (6) "Community development district" means a local
24 unit of special-purpose government which is created pursuant
25 to this act and limited to the performance of those
26 specialized functions authorized by this chapter act; the
27 boundaries of which are contained wholly within a single
28 county; the governing head of which is a body created,
29 organized, and constituted and authorized to function for the
30 purpose of specifically as prescribed in this act for the
31 delivery of urban community development services; and the
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1 formation, powers, governing body, operation, duration,
2 accountability, requirements for disclosure, and termination
3 of which are as required by general law.
4 (7) "Cost," when used with reference to any project,
5 includes, but is not limited to:
6 (p) Payments, contributions, dedications, fair share
7 or concurrency obligations, and any other exactions required
8 as a condition for receiving to receive any government
9 approval or permit necessary to accomplish any district
10 purpose.
11 (20) "Water management and control facilities" means
12 any lakes, canals, ditches, reservoirs, dams, levees,
13 sluiceways, floodways, curbs, gutters, pumping stations, or
14 any other works, structures, or facilities for the
15 conservation, control, development, utilization, and disposal
16 of water, and any purposes appurtenant, necessary, or
17 incidental thereto. The term "water management and control
18 facilities" includes all real and personal property and any
19 interest therein, rights, easements, and franchises of any
20 nature relating to any such water management and control
21 facilities or necessary or convenient for the acquisition,
22 construction, reconstruction, operation, or maintenance
23 thereof.
24 (21) "Water system" means any plant, system, facility,
25 or property and additions, extensions, and improvements
26 thereto at any future time constructed or acquired as part
27 thereof, useful or necessary or having the present capacity
28 for future use in connection with the development of sources,
29 treatment, or purification and distribution of water. Without
30 limiting the generality of the foregoing, the term "water
31 system" includes dams, reservoirs, storage, tanks, mains,
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1 lines, valves, hydrants, pumping stations, chilled water
2 distribution systems, laterals, and pipes for the purpose of
3 carrying water to the premises connected with such system, and
4 all rights, easements, and franchises of any nature relating
5 to any such system and necessary or convenient for the
6 operation thereof.
7 Section 2. Paragraphs (b), (c), and (f) of subsection
8 (1) and paragraphs (d) and (e) of subsection (2) of section
9 190.005, Florida Statutes, are amended to read:
10 190.005 Establishment of district.--
11 (1) The exclusive and uniform method for the
12 establishment of a community development district with a size
13 of 1,000 acres or more shall be pursuant to a rule, adopted
14 under chapter 120 by the Florida Land and Water Adjudicatory
15 Commission, granting a petition for the establishment of a
16 community development district.
17 (b) Prior to filing the petition, the petitioner
18 shall:
19 1. Pay a filing fee of $15,000 to the county if
20 located within an unincorporated area, or to the municipality
21 if located within an incorporated area, and to each
22 municipality the boundaries of which are contiguous with, or
23 contain all or a portion of the land within, the external
24 boundaries of the district.
25 2. Submit a copy of the petition to the county if
26 located within an unincorporated area, or to the municipality
27 if located within an incorporated area, and to each
28 municipality the boundaries of which are contiguous with, or
29 contain all or a portion of, the land within the external
30 boundaries of the district.
31 3. If land to be included within a district is located
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1 partially within the unincorporated area of one or more
2 counties and partially within a municipality or within two or
3 more municipalities, pay a $15,000 filing fee to each entity.
4 Districts established across county boundaries shall be
5 required to maintain records, hold meetings and hearings, and
6 publish notices only in the county where the majority of the
7 acreage within the district lies.
8 (c) Each Such county and each such municipality
9 required by law to receive a petition may conduct a public
10 hearing to consider the relationship of the petition to the
11 factors specified in paragraph (e). The public hearing must
12 shall be held concluded within 45 days after the date the
13 petition is filed unless an extension of time is requested by
14 the petitioner and granted by the county or municipality. The
15 county or municipality holding such public hearing may by
16 resolution express its support of, or objection to the
17 granting of, the petition by the Florida Land and Water
18 Adjudicatory Commission. The A resolution must base any
19 objection to the granting of the petition on upon the factors
20 specified in paragraph (e). Such county or municipality may
21 present its resolution of support or objection at the Florida
22 Land and Water Adjudicatory Commission hearing and shall be
23 provided afforded an opportunity to present relevant
24 information in support of its resolution.
25 (f) The Florida Land and Water Adjudicatory Commission
26 shall not adopt any rule which would expand, modify, or delete
27 any provision of the uniform community development district
28 charter as set forth in ss. 190.006-190.041, except as
29 provided in s. 190.012. A rule establishing a community
30 development district shall contain only the following:
31 1. A metes and bounds description of Describe the
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1 external boundaries of the district and any real property
2 within the external boundaries of the district which is to be
3 excluded.
4 2. The names of Name five persons designated to be the
5 initial members of the board of supervisors.
6 3. The name of the district.
7 (2) The exclusive and uniform method for the
8 establishment of a community development district of less than
9 1,000 acres in size shall be pursuant to an ordinance adopted
10 by the county commission of the county having jurisdiction
11 over the majority of land in the area in which the district is
12 to be located granting a petition for the establishment of a
13 community development district as follows:
14 (d) The county commission shall not adopt any
15 ordinance which would expand, modify, or delete any provision
16 of the uniform community development district charter as set
17 forth in ss. 190.006-190.041. An ordinance establishing a
18 community development district shall include only the matters
19 provided for in paragraph (1)(f) unless the petitioner has
20 requested, and the county consents to any of the optional
21 powers identified in s. 190.012(2).
22 (e) If all of the land in the area for the proposed
23 district is within the territorial jurisdiction of a municipal
24 corporation, then the petition requesting establishment of the
25 a community development district under this act shall be filed
26 by the petitioner with that particular municipal corporation.
27 In such event, the duties of the county, hereinabove
28 described, in action upon the petition shall be the duties of
29 the municipal corporation. If any of the land area of a
30 proposed district is within the land area of a municipality,
31 the county commission may not create the district without
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1 municipal approval. If all of the land in the area for the
2 proposed district, even if less than 1,000 acres, is within
3 the territorial jurisdiction of two or more municipalities,
4 the petition shall be filed with the Florida Land and Water
5 Adjudicatory Commission, and the petitioner shall proceed in
6 accordance with subsection (1).
7 Section 3. Paragraph (b) of subsection (2) and
8 paragraph (b) of subsection (3) of section 190.006, Florida
9 Statutes, are amended to read:
10 190.006 Board of supervisors; members and meetings.--
11 (2)
12 /t) At such meeting, each landowner shall be entitled
13 to cast one vote per acre of land owned by him or her and
14 located within the district for each person to be elected. A
15 landowner may vote in person or by written proxy in writing.
16 Each proxy must be signed by one of the legal owners of the
17 property for which the vote is cast and must contain the typed
18 or printed name of the individual who signed the proxy; the
19 street address, legal description of the property, or tax
20 parcel identification number; and the number of authorized
21 votes. If the proxy authorizes more than one vote, each
22 property must be listed and the number of acres of each
23 property must be included. The signature on a proxy need not
24 be notarized. A fraction of an acre shall be treated as 1
25 acre, entitling the landowner to one vote with respect
26 thereto. For the purpose of determining voting interests,
27 platted lots shall be counted individually and rounded up to
28 the nearest whole acre. The acreage of platted lots is not
29 aggregated for determining the number of voting units held by
30 a landowner or a landowner's proxy. The two candidates
31 receiving the highest number of votes shall be elected for a
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1 period of 4 years, and the three candidates receiving the next
2 largest number of votes shall be elected for a period of 2
3 years, with the term of office for each successful candidate
4 commencing upon election. The members of the first board
5 elected by landowners shall be elected to serve their
6 respective 4-year or 2-year terms; however, the next election
7 by landowners shall be held on the first Tuesday in November.
8 Thereafter, there shall be an election of supervisors for the
9 district every 2 years in November on a date established by
10 the board and noticed pursuant to paragraph (a). The second
11 and subsequent landowners' election shall be announced at a
12 public meeting of the board at least 90 days before prior to
13 the date of the landowners' meeting and shall also be noticed
14 pursuant to paragraph (a). Instructions on how all landowners
15 may participate in the election, along with sample proxies,
16 shall be provided during the board meeting that announces the
17 landowners' meeting. The two candidates receiving the highest
18 number of votes shall be elected to serve for a 4-year period,
19 and the remaining candidate elected shall be elected to serve
20 for a 2-year period.
21 (3)
22 (b) Elections of board members by qualified electors
23 held pursuant to this subsection shall be nonpartisan and
24 shall be conducted in the manner prescribed by law for holding
25 general elections. The district shall publish a notice of the
26 qualifying period for each election, as determined by the
27 supervisor of elections, at least 2 weeks before the start of
28 the qualifying period. Board members shall assume the office
29 on the second Tuesday following their election. If no elector
30 qualifies for a seat to be filled in an election, a vacancy in
31 that seat shall be declared by the board effective on the
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1 second Tuesday following the election. Within 90 days after
2 declaring the vacancy, the board shall appoint a qualified
3 elector to fill the vacancy. Until such appointment, the
4 incumbent board member in that seat shall remain in office.
5 Section 4. Effective October 1, 2007, subsection (1)
6 of section 190.007, Florida Statutes, is amended to read:
7 190.007 Board of supervisors; general duties.--
8 (1) The board shall employ, and fix the compensation
9 of, a district manager. The district manager shall have
10 charge and supervision of the works of the district and shall
11 be responsible for preserving and maintaining any improvement
12 or facility constructed or erected pursuant to the provisions
13 of this chapter act, for maintaining and operating the
14 equipment owned by the district, and for performing such other
15 duties as may be prescribed by the board. It is shall not be a
16 conflict of interest under chapter 112 for a board member or
17 the district manager or another employee of the district to be
18 a stockholder, officer, or employee of a landowner or of an
19 entity affiliated with a landowner. The district manager may
20 hire or otherwise employ and terminate the employment of such
21 other persons, including, without limitation, professional,
22 supervisory, and clerical employees, as may be necessary and
23 authorized by the board. The compensation and other
24 conditions of employment of the officers and employees of the
25 district shall be as provided by the board.
26 Section 5. Paragraph (a) of subsection (2) of section
27 190.008, Florida Statutes, is amended to read:
28 190.008 Budget; reports and reviews.--
29 (2)(a) On or before each June July 15, the district
30 manager shall prepare a proposed budget for the ensuing fiscal
31 year to be submitted to the board for board approval. The
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1 proposed budget shall include, at the direction of the board,
2 an estimate of all necessary expenditures of the district for
3 the ensuing fiscal year and an estimate of income to the
4 district from the taxes, and assessments, and other revenues
5 provided in this chapter act. The board shall consider the
6 proposed budget item by item and may either approve the budget
7 as proposed by the district manager or modify the same in part
8 or in whole. The board shall indicate its approval of the
9 budget by resolution, which resolution shall provide for a
10 hearing on the budget as approved. Notice of the hearing on
11 the budget shall be published in a newspaper of general
12 circulation in the area of the district once a week for 2
13 consecutive weeks, except that the first publication shall be
14 at least not fewer than 15 days before prior to the date of
15 the hearing. The notice shall further contain a designation of
16 the day, time, and place of the public hearing. At the time
17 and place designated in the notice, the board shall hear all
18 objections to the budget as proposed and may make such changes
19 as the board deems necessary. At the conclusion of the budget
20 hearing, the board shall, by resolution, adopt the budget as
21 finally approved by the board. The budget must shall be
22 adopted by prior to October 1 of each year.
23 Section 6. Subsection (1) of section 190.009, Florida
24 Statutes, is amended to read:
25 190.009 Disclosure of public financing.--
26 (1) The district shall take affirmative steps to
27 provide for the full disclosure of information relating to the
28 public financing and maintenance of improvements to real
29 property undertaken by the district. Such information shall be
30 made available to all current existing residents, and to all
31 prospective residents, of the district. The district shall
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1 furnish each developer of a residential development within the
2 district with sufficient copies of that information to provide
3 each prospective initial purchaser of property in that
4 development with a copy, and any developer of a residential
5 development within the district, when required by law to
6 provide a public offering statement, shall include a copy of
7 such information relating to the public financing and
8 maintenance of improvements in the public offering statement.
9 The district shall file the disclosure documents required by
10 this subsection and any amendments thereto in the property
11 records of each county in which the district is located.
12 Section 7. Subsection (14) of section 190.011, Florida
13 Statutes, is amended to read:
14 190.011 General powers.--The district shall have, and
15 the board may exercise, the following powers:
16 (14) To determine, order, levy, impose, collect, and
17 enforce special assessments pursuant to this chapter act and
18 chapter 170. Such special assessments may, in the discretion
19 of the district, be collected and enforced pursuant to the
20 provisions of ss. 197.3631, 197.3632, and 197.3635, or chapter
21 170 or chapter 173.
22 Section 8. Paragraph (d) of subsection (1) of section
23 190.012, Florida Statutes, is amended, paragraph (h) is added
24 to that subsection, and subsection (2) and paragraph (a) and
25 (b) of subsection (4) of that section are amended, to read:
26 190.012 Special powers; public improvements and
27 community facilities.--The district shall have, and the board
28 may exercise, subject to the regulatory jurisdiction and
29 permitting authority of all applicable governmental bodies,
30 agencies, and special districts having authority with respect
31 to any area included therein, any or all of the following
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1 special powers relating to public improvements and community
2 facilities authorized by this act:
3 (1) To finance, fund, plan, establish, acquire,
4 construct or reconstruct, enlarge or extend, equip, operate,
5 and maintain systems, facilities, and basic infrastructures
6 for the following:
7 (d)1. District roads equal to or exceeding the
8 applicable specifications of the county in which such district
9 roads are located; roads and improvements to existing public
10 roads that are owned by or conveyed to the local
11 general-purpose government, the state, or the Federal
12 Government; , and street lights; alleys; landscaping;
13 hardscaping; and the undergrounding of electric utility lines.
14 The district may convey undergrounding of electric utility
15 lines to the retail electric utility provider within the
16 district.
17 2. Buses, trolleys, transit shelters, ridesharing
18 facilities and services, parking improvements, and related
19 signage.
20 (h) Any other project, facility, or service required
21 by a development approval, interlocal agreement, zoning
22 condition, or permit issued by a governmental authority having
23 jurisdiction in the district.
24 (2) After the board has obtained the consent of the
25 local general-purpose government consents to the exercise by
26 the district of a power within the jurisdiction of the local
27 government which a power specified in this subsection is to be
28 exercised, the district shall have the power to plan,
29 establish, acquire, construct or reconstruct, enlarge or
30 extend, equip, operate, and maintain additional systems and
31 facilities for:
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1 (a) Parks and facilities for indoor and outdoor
2 recreational, cultural, and educational uses.
3 (b) Fire prevention and control, including fire
4 stations, water mains and plugs, fire trucks, and other
5 vehicles and equipment.
6 (c) School buildings and related structures and site
7 improvements, which may be leased, sold, or donated to the
8 school district, for use in the educational system if when
9 authorized by the district school board.
10 (d) Security, including, but not limited to,
11 guardhouses, fences and gates, electronic intrusion-detection
12 systems, and patrol cars, if when authorized by proper
13 governmental agencies; except that the district may not
14 exercise any police power, but may contract with the
15 appropriate local general-purpose government agencies for an
16 increased level of such services within the district
17 boundaries.
18 (e) Control and elimination of mosquitoes and other
19 arthropods of public health importance.
20 (f) Waste collection and disposal.
21 (4)(a) To adopt rules necessary for enforcing the
22 district to enforce certain deed restrictions pertaining to
23 the use and operation of real property within the district and
24 outside the district if pursuant to an interlocal agreement
25 under chapter 163. For the purpose of this subsection, "deed
26 restrictions" are those covenants, conditions, and
27 restrictions contained in any applicable declarations of
28 covenants and restrictions that govern the use and operation
29 of real property within the district and, for which covenants,
30 conditions, and restrictions, there is no homeowners'
31 association or property owner's association having respective
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1 enforcement powers. The district may adopt by rule all or
2 certain portions of the deed restrictions that:
3 1. Relate to limitations or prohibitions that apply
4 only to external structures and are deemed by the district to
5 be generally beneficial for the district's landowners and for
6 which enforcement by the district is appropriate, as
7 determined by the district's board of supervisors; or
8 2. Are consistent with the requirements of a
9 development order or regulatory agency permit.
10 (b) The board may vote to adopt such rules only when
11 all of the following conditions exist:
12 1. The district's geographic area contains no
13 homeowners' associations as defined in s. 720.301(9);
14 2. The district was in existence on the effective date
15 of this subsection, or is located within a development that
16 consists of multiple developments of regional impact and a
17 Florida Quality Development;
18 3. For residential districts, the majority of the
19 board has been elected by qualified electors pursuant to the
20 provisions of s. 190.006; and
21 4. The declarant in any applicable declarations of
22 covenants and restrictions has provided the board with a
23 written agreement that such rules may be adopted. A memorandum
24 of the agreement shall be recorded in the public records.
25 Section 9. Section 190.014, Florida Statutes, is
26 amended to read:
27 190.014 Issuance of bond anticipation notes.--In
28 addition to the other powers provided for under this chapter
29 in this act, and not in limitation thereof, the district shall
30 have the power, at any time, and from time to time after the
31 issuance of any bonds of the district shall have been
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1 authorized, to borrow money for the purposes for which such
2 bonds are to be issued in anticipation of the receipt of the
3 proceeds from of the sale of such bonds and to issue bond
4 anticipation notes in a principal sum that does exceed not in
5 excess of the authorized maximum amount of the such bond
6 issue. The Such notes shall be in such denomination or
7 denominations, bear interest at such rate as the board may
8 determine in compliance with s. 215.84, mature at such time or
9 times not later than 5 years from the date of issuance, and be
10 in such form and executed in such manner as the board shall
11 prescribe. The Such notes may be sold at either public or
12 private sale or, if such notes are shall be renewal notes, may
13 be exchanged for notes then outstanding on such terms as the
14 board shall determine. The Such notes shall be paid from the
15 proceeds of such bonds when issued. The board may, in its
16 discretion, in lieu of retiring the notes by means of bonds,
17 retire them by means of current revenues or from any taxes or
18 assessments levied for the payment of such bonds; but in such
19 event a like amount of the bonds authorized may shall not be
20 issued. Non-ad valorem assessments levied to pay interest on
21 bond anticipation notes do not constitute an installment of
22 assessments under s. 190.022.
23 Section 10. Subsections (2), (3), and (9) of section
24 190.021, Florida Statutes, are amended to read:
25 190.021 Taxes; non-ad valorem assessments.--
26 (2) BENEFIT SPECIAL ASSESSMENTS.--The board shall
27 annually determine, order, and levy the annual installment of
28 the total benefit special assessments for bonds issued and
29 related expenses to finance district facilities and projects
30 which are levied under this chapter act. These assessments may
31 be due and collected during each year that county taxes are
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1 due and collected, in which case such annual installment and
2 levy shall be evidenced to and certified to the property
3 appraiser by the board not later than August 31 of each year,
4 and such assessment shall be entered by the property appraiser
5 on the county tax rolls, and shall be collected and enforced
6 by the tax collector in the same manner and at the same time
7 as county taxes, and the proceeds thereof shall be paid to the
8 district. However, this subsection does shall not prohibit the
9 district in its discretion from using the method prescribed in
10 either s. 197.363 or s. 197.3632 for collecting and enforcing
11 these assessments. Notice of the proposed amount of the
12 assessment provided pursuant to s. 200.069 which includes the
13 date and time of the hearing may be used in lieu of the notice
14 provisions of s. 197.3632(4)(b). These benefit special
15 assessments are shall be a lien on the property against which
16 assessed until paid and are shall be enforceable in like
17 manner as county taxes. The amount of the assessment for the
18 exercise of the district's powers under ss. 190.011 and
19 190.012 shall be determined by the board based upon a report
20 of the district's engineer and assessed by the board upon such
21 lands, which may be part or all of the lands within the
22 district benefited by the improvement, apportioned between
23 benefited lands in proportion to the benefits received by each
24 tract of land.
25 (3) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and
26 preserve the facilities and projects of the district, the
27 board may levy a maintenance special assessment. This
28 assessment may be evidenced to and certified to the property
29 appraiser by the board of supervisors not later than August 31
30 of each year and shall be entered by the property appraiser on
31 the county tax rolls and shall be collected and enforced by
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1 the tax collector in the same manner and at the same time as
2 county taxes, and the proceeds therefrom shall be paid to the
3 district. However, this subsection does shall not prohibit the
4 district in its discretion from using the method prescribed in
5 either s. 197.363 or s. 197.3632 for collecting and enforcing
6 these assessments. Notice of the proposed amount of the
7 assessment provided pursuant to s. 200.069 which includes the
8 date and time of the hearing may be used in lieu of the notice
9 provisions of s. 197.3632(4)(b). These maintenance special
10 assessments are shall be a lien on the property against which
11 assessed until paid and are shall be enforceable in like
12 manner as county taxes. The amount of the maintenance special
13 assessment for the exercise of the district's powers under ss.
14 190.011 and 190.012 shall be determined by the board based
15 upon a report of the district's engineer and assessed by the
16 board upon such lands, which may be all of the lands within
17 the district benefited by the maintenance thereof, apportioned
18 between the benefited lands in proportion to the benefits
19 received by each tract of land.
20 (9) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit
21 special assessments and maintenance special assessments
22 authorized by this section, and special assessments authorized
23 by s. 190.022 and chapter 170, shall constitute a lien on the
24 property against which assessed from the date of imposition
25 thereof until paid, coequal with the lien of state, county,
26 municipal, and school board taxes. These non-ad valorem
27 assessments may be collected, at the district's discretion, by
28 the tax collector pursuant to the provisions of s. 197.363 or
29 s. 197.3632, or in accordance with other collection measures
30 provided by law.
31 Section 11. Section 190.026, Florida Statutes, is
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1 amended to read:
2 190.026 Foreclosure of liens.--Any lien in favor of
3 the district arising under this chapter act may be foreclosed
4 by the district by foreclosure proceedings in the name of the
5 district in a court of competent jurisdiction as provided
6 under chapter 170 or by general law in like manner as is
7 provided in chapter 173 and amendments thereto; the provisions
8 of those chapters that chapter shall be applicable to such
9 proceedings with the same force and effect as if those
10 provisions were expressly set forth in this chapter act. Any
11 act required or authorized to be done by or on behalf of a
12 municipality in foreclosure proceedings under chapter 170 or
13 chapter 173 may be performed by such officer or agent of the
14 district as the board of supervisors may designate. Such
15 foreclosure proceedings may be brought at any time after the
16 expiration of 1 year after from the date any tax, or
17 installment thereof, becomes delinquent; however no lien may
18 shall be foreclosed against any political subdivision or
19 agency of the state. Other legal remedies shall remain
20 available.
21 Section 12. Subsections (1) and (3) of section
22 190.033, Florida Statutes, are amended to read:
23 190.033 Bids required.--
24 (1) A No contract may not shall be let by the board
25 for any goods, supplies, or materials to be purchased when the
26 amount thereof to be paid by the district exceeds shall exceed
27 the amount provided in s. 287.017 for category four, unless
28 notice of bids or other competitive solicitation, including a
29 request for proposals or qualifications, is shall be
30 advertised once in a newspaper in general circulation in the
31 county and in the district. Any board seeking to construct or
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1 improve a public building, structure, or other public works
2 must shall comply with the bidding procedures of s. 255.20 and
3 other applicable general law. In each case, the bid of the
4 lowest responsive and responsible bidder shall be accepted
5 unless all bids are rejected because the bids are too high, or
6 the board determines it is in the best interests of the
7 district to reject all bids. In each case in which requests
8 for proposals, qualifications, or other competitive
9 solicitations are used, the district shall determine which
10 response is most advantageous to the district and award the
11 contract to the proposer. The board may require the bidders or
12 proposers to furnish bond with a responsible surety to be
13 approved by the board. If the district does not receive a
14 response to its competitive solicitation, the district may
15 proceed to purchase such goods, supplies, materials, or
16 construction services in the manner it deems to be in the best
17 interest of the district. Nothing in This section does not
18 shall prevent the board from undertaking and performing the
19 construction, operation, and maintenance of any project or
20 facility authorized by this chapter act by the employment of
21 labor, material, and machinery.
22 (3) Contracts for maintenance services for any
23 district facility or project are shall be subject to
24 competitive solicitation bidding requirements when the amount
25 thereof to be paid by the district exceeds the amount provided
26 in s. 287.017 for category four. The district shall adopt
27 rules, policies, or procedures establishing competitive
28 solicitation bidding procedures for maintenance services.
29 Contracts for other services shall not be subject to
30 competitive solicitation bidding unless the district adopts a
31 rule, policy, or procedure applying competitive solicitation
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1 bidding procedures to such said contracts.
2 Section 13. Subsection (1) of section 190.046, Florida
3 Statutes, is amended to read:
4 190.046 Termination, contraction, or expansion of
5 district.--
6 (1) The board may petition to contract or expand the
7 boundaries of a community development district in the
8 following manner:
9 (a) The petition must shall contain the same
10 information required by s. 190.005(1)(a)1. and 8. In
11 addition, if the petitioner seeks to expand the district, the
12 petition must shall describe the proposed timetable for
13 construction of any district services to the area, the
14 estimated cost of constructing the proposed services, and the
15 designation of the future general distribution, location, and
16 extent of public and private uses of land proposed for the
17 area by the future land use plan element of the adopted local
18 government local comprehensive plan. If the petitioner seeks
19 to contract the district, the petition must shall describe
20 what services and facilities are currently provided by the
21 district to the area being removed, and the designation of the
22 future general distribution, location, and extent of public
23 and private uses of land proposed for the area by the future
24 land element of the adopted local government comprehensive
25 plan.
26 (b) For those districts initially established by
27 county ordinance, the petition for ordinance amendment must
28 shall be filed with the county commission. If the land to be
29 included or excluded is, in whole or in part, within the
30 boundaries of a municipality, then the county commission may
31 shall not amend the ordinance without municipal approval. A
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1 public hearing must shall be held in the same manner and with
2 the same public notice as other ordinance amendments. The
3 county commission shall consider the record of the public
4 hearing and the factors set forth in s. 190.005(1)(e) in
5 making its determination to grant or deny the petition for
6 ordinance amendment.
7 (c) For those districts initially established by
8 municipal ordinance pursuant to s. 190.005(2)(e), the
9 municipality shall assume the duties of the county commission
10 set forth in paragraph (b); however, if any of the land to be
11 included or excluded, in whole or in part, is outside the
12 boundaries of the municipality, then the municipality may
13 shall not amend its ordinance without county commission
14 approval.
15 (d)1. For those districts initially established by
16 administrative rule pursuant to s. 190.005(1), the petition
17 shall be filed with the Florida Land and Water Adjudicatory
18 Commission.
19 1.2. Prior to filing the petition, the petitioner
20 shall pay a filing fee of $1,500 to the county if the district
21 or the land to be added or deleted from the district is
22 located within an unincorporated area, or to the municipality
23 if the district or the land to be added or deleted is located
24 within an incorporated area, and to each municipality the
25 boundaries of which are contiguous with or contain all or a
26 portion of the land within or to be added to or deleted from
27 the external boundaries of the district or the proposed
28 amendment, and submit a copy of the petition to the county and
29 to each such municipality. The petitioner shall submit a copy
30 of the petition to the same entities entitled to receive the
31 filing fee. In addition, if the district is not the
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1 petitioner, the petitioner shall file the petition with the
2 district board of supervisors.
3 2.3. Each The county and each municipality shall have
4 the option of holding a public hearing as provided by s.
5 190.005(1)(c). However, the such public hearing shall be
6 limited to consideration of the contents of the petition and
7 whether the petition for amendment should be supported by the
8 county or municipality.
9 3.4. The district board of supervisors shall, in lieu
10 of a hearing officer, hold the local public hearing provided
11 for by s. 190.005(1)(d). This local public hearing shall be
12 noticed in the same manner as provided in s. 190.005(1)(d).
13 Within 45 days of the conclusion of the hearing, the district
14 board of supervisors shall transmit to the Florida Land and
15 Water Adjudicatory Commission the full record of the local
16 hearing, the transcript of the hearing, any resolutions
17 adopted by the local general-purpose governments, and its
18 recommendation whether to grant the petition for amendment.
19 The commission shall then proceed in accordance with s.
20 190.005(1)(e).
21 4.5. A rule amending a district boundary shall
22 describe the land to be added or deleted.
23 (e) In all cases, written consent of all the
24 landowners whose land is to be added to or deleted from the
25 district shall be required. The filing of the petition for
26 expansion or contraction by the district board of supervisors
27 shall constitute consent of the landowners within the district
28 other than of landowners whose land is proposed to be added to
29 or removed from the district.
30 (e)1.(f)1. During the existence of a district
31 initially established by administrative rule, the process
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1 petitions to amend the boundaries of the district pursuant to
2 paragraphs (a)-(d) may not exceed (a)-(e) shall be limited to
3 a cumulative net total of no more than 10 percent of the land
4 in the initial district, and in no event exceed shall all such
5 petitions to amend the boundaries ever encompass more than a
6 total of 250 acres on a cumulative net basis.
7 2. During the existence of a district For districts
8 initially established by county or municipal ordinance, the
9 limitation provided by this paragraph may not exceed shall be
10 a cumulative net total of no more than 50 percent of the land
11 in the initial district, and in no event shall all such
12 petitions to amend the boundaries ever encompass more than a
13 total of 500 acres on a cumulative net basis.
14 3. Boundary expansions for districts initially
15 established by county or municipal ordinance shall follow the
16 procedure set forth in paragraph (b) or paragraph (c).
17 (f)(g) Petitions to amend the boundaries of the
18 district which exceed the amount of land specified in
19 paragraph (e) (f) shall be considered petitions to establish a
20 new district and shall follow all of the procedures specified
21 in s. 190.005(1)(a)1. and 5.-8. and must follow the process
22 provided in s. 190.005 for establishment of a new district.
23 However, the resulting administrative rule or ordinance only
24 amends the boundary of the district and does not establish a
25 new district or cause a new 6-year or 10-year period to begin
26 pursuant to s. 190.006(3)(a)2. s. 190.005.
27 (g) In all cases of a petition to amend the boundaries
28 of the district, the filing of the petition by the district
29 board of supervisors constitutes the consent of the landowners
30 within the district, with the exception of those landowners
31 whose land is to be added to or deleted from the district. In
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1 such cases, the written consent of those landowners is
2 required.
3 Section 14. Subsection (1) of section 190.047, Florida
4 Statutes, is amended to read:
5 190.047 Incorporation or annexation of district.--
6 (1) Upon attaining the population standards for
7 incorporation contained in s. 165.061, as determined by the
8 Department of Community Affairs, any district wholly contained
9 within the unincorporated area of a county which also meets
10 the other requirements for incorporation contained in s.
11 165.061 shall hold a referendum at a general election on the
12 question of whether to incorporate. However, any district
13 contiguous to the boundary of a municipality may be annexed to
14 the such municipality pursuant to the provisions of chapter
15 171.
16 Section 15. Except as otherwise expressly provided in
17 this act, this act shall take effect upon becoming a law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to community development
27 districts; amending s. 190.003, F.S.; revising
28 definitions relating to community development
29 districts; amending s. 190.005, F.S.;
30 specifying petition and filing fee requirements
31 for the establishment of districts; specifying
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1 requirements for the adoption of certain rules
2 by the Florida Land and Water Adjudicatory
3 Commission; providing requirements for the
4 establishment of districts located in multiple
5 municipalities; amending s. 190.006, F.S.;
6 revising provisions for determining certain
7 voting units for landowners within a district;
8 requiring districts to publish notice of
9 qualifying periods for elections; providing
10 procedures for filling district board
11 vacancies; authorizing the board to appoint
12 qualified electors to the board under certain
13 circumstances; amending s. 190.007, F.S.;
14 specifying that certain affiliations are not a
15 conflict of interest for district board
16 members, managers, and employees; amending s.
17 190.008, F.S.; revising timeframes and
18 requirements for the preparation of proposed
19 district budgets; amending s. 190.009, F.S.;
20 requiring the district to file disclosure
21 documents and amendments relating to the public
22 financing and maintenance of certain property
23 in the property records of each county in which
24 the district is located; amending s. 190.011,
25 F.S.; revising statutory authorization for the
26 enforcement of district assessments; amending
27 s. 190.012, F.S.; revising district regulatory
28 jurisdiction and permitting authority for
29 certain public improvements and community
30 facilities; authorizing the district to convey
31 certain activities to utility providers;
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1 authorizing the district to adopt rules for
2 enforcement of deed restrictions outside the
3 district pursuant to an interlocal agreement;
4 revising the requirements for the adoption of
5 such rules; amending s. 190.014, F.S.;
6 specifying that non-ad valorem assessments
7 levied to pay interest on bond anticipation
8 notes do not qualify as assessment
9 installments; amending s. 190.021, F.S.;
10 authorizing the use of combined notice of
11 proposed assessments under certain
12 circumstances; providing that assessments
13 authorized under ch. 170, F.S., constitute
14 liens and are subject to certain collection
15 procedures; amending s. 190.026, F.S.;
16 providing that foreclosure proceedings
17 authorized under ch. 170, F.S., apply to
18 certain district proceedings; amending s.
19 190.033, F.S.; providing for competitive
20 solicitation; authorizing the district to
21 proceed with purchasing under certain
22 circumstances; amending s. 190.046, F.S.;
23 revising provisions for termination,
24 contraction, or expansion of districts;
25 specifying payment of certain fees to counties
26 and municipalities; providing limitations for
27 the amendment of certain district boundaries;
28 requiring the written consent of certain
29 landowners; amending s. 190.047, F.S.;
30 specifying the determination of population
31 standards by the Department of Community
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1 Affairs for the purposes of incorporation or
2 annexation of districts; requiring
3 unincorporated areas to meet certain criteria
4 for incorporation; requiring certain referenda
5 to be held at general elections; providing
6 effective dates.
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