Senate Bill sb2700c1

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    Florida Senate - 2007                           CS for SB 2700

    By the Committee on Finance and Tax; and Senator Haridopolos





    593-2623-07

  1                      A bill to be entitled

  2         An act relating to community development

  3         districts; amending s. 190.003, F.S.; revising

  4         definitions relating to community development

  5         districts; amending s. 190.005, F.S.;

  6         specifying petition and filing fee requirements

  7         for the establishment of districts; specifying

  8         requirements for the adoption of certain rules

  9         by the Florida Land and Water Adjudicatory

10         Commission; providing requirements for the

11         establishment of districts located in multiple

12         municipalities; amending s. 190.006, F.S.;

13         revising provisions for determining certain

14         voting units for landowners within a district;

15         requiring districts to publish notice of

16         qualifying periods for elections; providing

17         procedures for filling district board

18         vacancies; authorizing the board to appoint

19         qualified electors to the board under certain

20         circumstances; amending s. 190.007, F.S.;

21         specifying that certain affiliations are not a

22         conflict of interest for district board

23         members, managers, and employees; amending s.

24         190.008, F.S.; revising timeframes and

25         requirements for the preparation of proposed

26         district budgets; amending s. 190.009, F.S.;

27         requiring the district to file disclosure

28         documents and amendments relating to the public

29         financing and maintenance of certain property

30         in the property records of each county in which

31         the district is located; amending s. 190.011,

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 1         F.S.; revising statutory authorization for the

 2         enforcement of district assessments; amending

 3         s. 190.012, F.S.; revising district regulatory

 4         jurisdiction and permitting authority for

 5         certain public improvements and community

 6         facilities; authorizing the district to convey

 7         certain activities to utility providers;

 8         authorizing the district to adopt rules for

 9         enforcement of deed restrictions outside the

10         district pursuant to an interlocal agreement;

11         revising the requirements for the adoption of

12         such rules; amending s. 190.014, F.S.;

13         specifying that non-ad valorem assessments

14         levied to pay interest on bond anticipation

15         notes do not qualify as assessment

16         installments; amending s. 190.021, F.S.;

17         authorizing the use of combined notice of

18         proposed assessments under certain

19         circumstances; providing that assessments

20         authorized under ch. 170, F.S., constitute

21         liens and are subject to certain collection

22         procedures; amending s. 190.026, F.S.;

23         providing that foreclosure proceedings

24         authorized under ch. 170, F.S., apply to

25         certain district proceedings; amending s.

26         190.033, F.S.; providing for competitive

27         solicitation; authorizing the district to

28         proceed with purchasing under certain

29         circumstances; amending s. 190.046, F.S.;

30         revising provisions for termination,

31         contraction, or expansion of districts;

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    Florida Senate - 2007                           CS for SB 2700
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 1         specifying payment of certain fees to counties

 2         and municipalities; providing limitations for

 3         the amendment of certain district boundaries;

 4         requiring the written consent of certain

 5         landowners; amending s. 190.047, F.S.;

 6         specifying the determination of population

 7         standards by the Department of Community

 8         Affairs for the purposes of incorporation or

 9         annexation of districts; requiring

10         unincorporated areas to meet certain criteria

11         for incorporation; requiring certain referenda

12         to be held at general elections; providing

13         effective dates.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Subsection (6), paragraph (p) of subsection

18  (7), and subsections (20) and (21) of section 190.003, Florida

19  Statutes, are amended to read:

20         190.003  Definitions.--As used in this chapter, the

21  term:

22         (6)  "Community development district" means a local

23  unit of special-purpose government which is created pursuant

24  to this act and limited to the performance of those

25  specialized functions authorized by this chapter act; the

26  boundaries of which are contained wholly within a single

27  county; the governing head of which is a body created,

28  organized, and constituted and authorized to function for the

29  purpose of specifically as prescribed in this act for the

30  delivery of urban community development services; and the

31  formation, powers, governing body, operation, duration,

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 1  accountability, requirements for disclosure, and termination

 2  of which are as required by general law.

 3         (7)  "Cost," when used with reference to any project,

 4  includes, but is not limited to:

 5         (p)  Payments, contributions, dedications, fair share

 6  or concurrency obligations, and any other exactions required

 7  as a condition for receiving to receive any government

 8  approval or permit necessary to accomplish any district

 9  purpose.

10         (20)  "Water management and control facilities" means

11  any lakes, canals, ditches, reservoirs, dams, levees,

12  sluiceways, floodways, curbs, gutters, pumping stations, or

13  any other works, structures, or facilities for the

14  conservation, control, development, utilization, and disposal

15  of water, and any purposes appurtenant, necessary, or

16  incidental thereto.  The term "water management and control

17  facilities" includes all real and personal property and any

18  interest therein, rights, easements, and franchises of any

19  nature relating to any such water management and control

20  facilities or necessary or convenient for the acquisition,

21  construction, reconstruction, operation, or maintenance

22  thereof.

23         (21)  "Water system" means any plant, system, facility,

24  or property and additions, extensions, and improvements

25  thereto at any future time constructed or acquired as part

26  thereof, useful or necessary or having the present capacity

27  for future use in connection with the development of sources,

28  treatment, or purification and distribution of water. Without

29  limiting the generality of the foregoing, the term "water

30  system" includes dams, reservoirs, storage, tanks, mains,

31  lines, valves, hydrants, pumping stations, chilled water

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 1  distribution systems, laterals, and pipes for the purpose of

 2  carrying water to the premises connected with such system, and

 3  all rights, easements, and franchises of any nature relating

 4  to any such system and necessary or convenient for the

 5  operation thereof.

 6         Section 2.  Paragraphs (b), (c), and (f) of subsection

 7  (1) and paragraphs (d) and (e) of subsection (2) of section

 8  190.005, Florida Statutes, are amended to read:

 9         190.005  Establishment of district.--

10         (1)  The exclusive and uniform method for the

11  establishment of a community development district with a size

12  of 1,000 acres or more shall be pursuant to a rule, adopted

13  under chapter 120 by the Florida Land and Water Adjudicatory

14  Commission, granting a petition for the establishment of a

15  community development district.

16         (b)  Prior to filing the petition, the petitioner

17  shall:

18         1.  Pay a filing fee of $15,000 to the county if

19  located within an unincorporated area, or to the municipality

20  if located within an incorporated area, and to each

21  municipality the boundaries of which are contiguous with, or

22  contain all or a portion of the land within, the external

23  boundaries of the district.

24         2.  Submit a copy of the petition to the county if

25  located within an unincorporated area, or to the municipality

26  if located within an incorporated area, and to each

27  municipality the boundaries of which are contiguous with, or

28  contain all or a portion of, the land within the external

29  boundaries of the district.

30         3.  If land to be included within a district is located

31  partially within the unincorporated area of one or more

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 1  counties and partially within a municipality or within two or

 2  more municipalities, pay a $15,000 filing fee to each entity.

 3  Districts established across county boundaries shall be

 4  required to maintain records, hold meetings and hearings, and

 5  publish notices only in the county where the majority of the

 6  acreage within the district lies.

 7         (c)  Each Such county and each such municipality

 8  required by law to receive a petition may conduct a public

 9  hearing to consider the relationship of the petition to the

10  factors specified in paragraph (e). The public hearing must

11  shall be held concluded within 45 days after the date the

12  petition is filed unless an extension of time is requested by

13  the petitioner and granted by the county or municipality. The

14  county or municipality holding such public hearing may by

15  resolution express its support of, or objection to the

16  granting of, the petition by the Florida Land and Water

17  Adjudicatory Commission. The A resolution must base any

18  objection to the granting of the petition on upon the factors

19  specified in paragraph (e).  Such county or municipality may

20  present its resolution of support or objection at the Florida

21  Land and Water Adjudicatory Commission hearing and shall be

22  provided afforded an opportunity to present relevant

23  information in support of its resolution.

24         (f)  The Florida Land and Water Adjudicatory Commission

25  shall not adopt any rule which would expand, modify, or delete

26  any provision of the uniform community development district

27  charter as set forth in ss. 190.006-190.041, except as

28  provided in s. 190.012.  A rule establishing a community

29  development district shall contain only the following:

30         1.  A metes and bounds description of Describe the

31  external boundaries of the district and any real property

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 1  within the external boundaries of the district which is to be

 2  excluded.

 3         2.  The names of Name five persons designated to be the

 4  initial members of the board of supervisors.

 5         3.  The name of the district.

 6         (2)  The exclusive and uniform method for the

 7  establishment of a community development district of less than

 8  1,000 acres in size shall be pursuant to an ordinance adopted

 9  by the county commission of the county having jurisdiction

10  over the majority of land in the area in which the district is

11  to be located granting a petition for the establishment of a

12  community development district as follows:

13         (d)  The county commission shall not adopt any

14  ordinance which would expand, modify, or delete any provision

15  of the uniform community development district charter as set

16  forth in ss. 190.006-190.041.  An ordinance establishing a

17  community development district shall include only the matters

18  provided for in paragraph (1)(f) unless the petitioner has

19  requested, and the county consents to any of the optional

20  powers identified in s. 190.012(2).

21         (e)  If all of the land in the area for the proposed

22  district is within the territorial jurisdiction of a municipal

23  corporation, then the petition requesting establishment of the

24  a community development district under this act shall be filed

25  by the petitioner with that particular municipal corporation.

26  In such event, the duties of the county, hereinabove

27  described, in action upon the petition shall be the duties of

28  the municipal corporation. If any of the land area of a

29  proposed district is within the land area of a municipality,

30  the county commission may not create the district without

31  municipal approval. If all of the land in the area for the

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 1  proposed district, even if less than 1,000 acres, is within

 2  the territorial jurisdiction of two or more municipalities,

 3  the petition shall be filed with the Florida Land and Water

 4  Adjudicatory Commission, and the petitioner shall proceed in

 5  accordance with subsection (1).

 6         Section 3.  Paragraph (b) of subsection (2) and

 7  paragraph (b) of subsection (3) of section 190.006, Florida

 8  Statutes, are amended to read:

 9         190.006  Board of supervisors; members and meetings.--

10         (2)

11         (b)  At such meeting, each landowner shall be entitled

12  to cast one vote per acre of land owned by him or her and

13  located within the district for each person to be elected.  A

14  landowner may vote in person or by written proxy in writing.

15  Each proxy must be signed by one of the legal owners of the

16  property for which the vote is cast and must contain the typed

17  or printed name of the individual who signed the proxy; the

18  street address, legal description of the property, or tax

19  parcel identification number; and the number of authorized

20  votes. If the proxy authorizes more than one vote, each

21  property must be listed and the number of acres of each

22  property must be included. The signature on a proxy need not

23  be notarized. A fraction of an acre shall be treated as 1

24  acre, entitling the landowner to one vote with respect

25  thereto. For the purpose of determining voting interests,

26  platted lots shall be counted individually and rounded up to

27  the nearest whole acre. The acreage of platted lots is not

28  aggregated for determining the number of voting units held by

29  a landowner or a landowner's proxy. The two candidates

30  receiving the highest number of votes shall be elected for a

31  period of 4 years, and the three candidates receiving the next

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 1  largest number of votes shall be elected for a period of 2

 2  years, with the term of office for each successful candidate

 3  commencing upon election. The members of the first board

 4  elected by landowners shall be elected to serve their

 5  respective 4-year or 2-year terms; however, the next election

 6  by landowners shall be held on the first Tuesday in November.

 7  Thereafter, there shall be an election of supervisors for the

 8  district every 2 years in November on a date established by

 9  the board and noticed pursuant to paragraph (a). The second

10  and subsequent landowners' election shall be announced at a

11  public meeting of the board at least 90 days before prior to

12  the date of the landowners' meeting and shall also be noticed

13  pursuant to paragraph (a). Instructions on how all landowners

14  may participate in the election, along with sample proxies,

15  shall be provided during the board meeting that announces the

16  landowners' meeting. The two candidates receiving the highest

17  number of votes shall be elected to serve for a 4-year period,

18  and the remaining candidate elected shall be elected to serve

19  for a 2-year period.

20         (3)

21         (b)  Elections of board members by qualified electors

22  held pursuant to this subsection shall be nonpartisan and

23  shall be conducted in the manner prescribed by law for holding

24  general elections. The district shall publish a notice of the

25  qualifying period for each election, as determined by the

26  supervisor of elections, at least 2 weeks before the start of

27  the qualifying period. Board members shall assume the office

28  on the second Tuesday following their election. If no elector

29  qualifies for a seat to be filled in an election, a vacancy in

30  that seat shall be declared by the board effective on the

31  second Tuesday following the election. Within 90 days after

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 1  declaring the vacancy, the board shall appoint a qualified

 2  elector to fill the vacancy. Until such appointment, the

 3  incumbent board member in that seat shall remain in office.

 4         Section 4.  Effective October 1, 2007, subsection (1)

 5  of section 190.007, Florida Statutes, is amended to read:

 6         190.007  Board of supervisors; general duties.--

 7         (1)  The board shall employ, and fix the compensation

 8  of, a district manager.  The district manager shall have

 9  charge and supervision of the works of the district and shall

10  be responsible for preserving and maintaining any improvement

11  or facility constructed or erected pursuant to the provisions

12  of this chapter act, for maintaining and operating the

13  equipment owned by the district, and for performing such other

14  duties as may be prescribed by the board. It is shall not be a

15  conflict of interest under chapter 112 for a board member or

16  the district manager or another employee of the district to be

17  a stockholder, officer, or employee of a landowner or of an

18  entity affiliated with a landowner. The district manager may

19  hire or otherwise employ and terminate the employment of such

20  other persons, including, without limitation, professional,

21  supervisory, and clerical employees, as may be necessary and

22  authorized by the board.  The compensation and other

23  conditions of employment of the officers and employees of the

24  district shall be as provided by the board.

25         Section 5.  Paragraph (a) of subsection (2) of section

26  190.008, Florida Statutes, is amended to read:

27         190.008  Budget; reports and reviews.--

28         (2)(a)  On or before each June July 15, the district

29  manager shall prepare a proposed budget for the ensuing fiscal

30  year to be submitted to the board for board approval. The

31  proposed budget shall include, at the direction of the board,

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 1  an estimate of all necessary expenditures of the district for

 2  the ensuing fiscal year and an estimate of income to the

 3  district from the taxes, and assessments, and other revenues

 4  provided in this chapter act. The board shall consider the

 5  proposed budget item by item and may either approve the budget

 6  as proposed by the district manager or modify the same in part

 7  or in whole.  The board shall indicate its approval of the

 8  budget by resolution, which resolution shall provide for a

 9  hearing on the budget as approved. Notice of the hearing on

10  the budget shall be published in a newspaper of general

11  circulation in the area of the district once a week for 2

12  consecutive weeks, except that the first publication shall be

13  at least not fewer than 15 days before prior to the date of

14  the hearing. The notice shall further contain a designation of

15  the day, time, and place of the public hearing.  At the time

16  and place designated in the notice, the board shall hear all

17  objections to the budget as proposed and may make such changes

18  as the board deems necessary.  At the conclusion of the budget

19  hearing, the board shall, by resolution, adopt the budget as

20  finally approved by the board.  The budget must shall be

21  adopted by prior to October 1 of each year.

22         Section 6.  Subsection (1) of section 190.009, Florida

23  Statutes, is amended to read:

24         190.009  Disclosure of public financing.--

25         (1)  The district shall take affirmative steps to

26  provide for the full disclosure of information relating to the

27  public financing and maintenance of improvements to real

28  property undertaken by the district. Such information shall be

29  made available to all current existing residents, and to all

30  prospective residents, of the district.  The district shall

31  furnish each developer of a residential development within the

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 1  district with sufficient copies of that information to provide

 2  each prospective initial purchaser of property in that

 3  development with a copy, and any developer of a residential

 4  development within the district, when required by law to

 5  provide a public offering statement, shall include a copy of

 6  such information relating to the public financing and

 7  maintenance of improvements in the public offering statement.

 8  The district shall file the disclosure documents required by

 9  this subsection and any amendments thereto in the property

10  records of each county in which the district is located.

11         Section 7.  Subsection (14) of section 190.011, Florida

12  Statutes, is amended to read:

13         190.011  General powers.--The district shall have, and

14  the board may exercise, the following powers:

15         (14)  To determine, order, levy, impose, collect, and

16  enforce special assessments pursuant to this chapter act and

17  chapter 170. Such special assessments may, in the discretion

18  of the district, be collected and enforced pursuant to the

19  provisions of ss. 197.3631, 197.3632, and 197.3635, or chapter

20  170 or chapter 173.

21         Section 8.  Paragraph (d) of subsection (1) of section

22  190.012, Florida Statutes, is amended, paragraph (h) is added

23  to that subsection, and subsection (2) and paragraph (a) and

24  (b) of subsection (4) of that section are amended, to read:

25         190.012  Special powers; public improvements and

26  community facilities.--The district shall have, and the board

27  may exercise, subject to the regulatory jurisdiction and

28  permitting authority of all applicable governmental bodies,

29  agencies, and special districts having authority with respect

30  to any area included therein, any or all of the following

31  

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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  Districts may request the underground placement of utility

15  lines by the local retail electric utility provider in

16  accordance with the utility's tariff on file with the Public

17  Service Commission, and may finance the required contribution.

18         2.  Buses, trolleys, transit shelters, ridesharing

19  facilities and services, parking improvements, and related

20  signage.

21         (h)  Any other project, facility, or service required

22  by a development approval, interlocal agreement, zoning

23  condition, or permit issued by a governmental authority having

24  jurisdiction in the district.

25         (2)  After the board has obtained the consent of the

26  local general-purpose government consents to the exercise by

27  the district of a power within the jurisdiction of the local

28  government which a power specified in this subsection is to be

29  exercised, the district shall have the power to plan,

30  establish, acquire, construct or reconstruct, enlarge or

31  

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 1  extend, equip, operate, and maintain additional systems and

 2  facilities for:

 3         (a)  Parks and facilities for indoor and outdoor

 4  recreational, cultural, and educational uses.

 5         (b)  Fire prevention and control, including fire

 6  stations, water mains and plugs, fire trucks, and other

 7  vehicles and equipment.

 8         (c)  School buildings and related structures and site

 9  improvements, which may be leased, sold, or donated to the

10  school district, for use in the educational system if when

11  authorized by the district school board.

12         (d)  Security, including, but not limited to,

13  guardhouses, fences and gates, electronic intrusion-detection

14  systems, and patrol cars, if when authorized by proper

15  governmental agencies; except that the district may not

16  exercise any police power, but may contract with the

17  appropriate local general-purpose government agencies for an

18  increased level of such services within the district

19  boundaries.

20         (e)  Control and elimination of mosquitoes and other

21  arthropods of public health importance.

22         (f)  Waste collection and disposal.

23         (4)(a)  To adopt rules necessary for enforcing the

24  district to enforce certain deed restrictions pertaining to

25  the use and operation of real property within the district and

26  outside the district if pursuant to an interlocal agreement

27  under chapter 163. For the purpose of this subsection, "deed

28  restrictions" are those covenants, conditions, and

29  restrictions contained in any applicable declarations of

30  covenants and restrictions that govern the use and operation

31  of real property within the district and, for which covenants,

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 1  conditions, and restrictions, there is no homeowners'

 2  association or property owner's association having respective

 3  enforcement powers. The district may adopt by rule all or

 4  certain portions of the deed restrictions that:

 5         1.  Relate to limitations or prohibitions that apply

 6  only to external structures and are deemed by the district to

 7  be generally beneficial for the district's landowners and for

 8  which enforcement by the district is appropriate, as

 9  determined by the district's board of supervisors; or

10         2.  Are consistent with the requirements of a

11  development order or regulatory agency permit.

12         (b)  The board may vote to adopt such rules only when

13  all of the following conditions exist:

14         1.  The district's geographic area contains no

15  homeowners' associations as defined in s. 720.301(9);

16         2.  The district was in existence on the effective date

17  of this subsection, or is located within a development that

18  consists of multiple developments of regional impact and a

19  Florida Quality Development;

20         3.  For residential districts, the majority of the

21  board has been elected by qualified electors pursuant to the

22  provisions of s. 190.006; and

23         4.  The declarant in any applicable declarations of

24  covenants and restrictions has provided the board with a

25  written agreement that such rules may be adopted. A memorandum

26  of the agreement shall be recorded in the public records.

27         Section 9.  Section 190.014, Florida Statutes, is

28  amended to read:

29         190.014  Issuance of bond anticipation notes.--In

30  addition to the other powers provided for under this chapter

31  in this act, and not in limitation thereof, the district shall

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 1  have the power, at any time, and from time to time after the

 2  issuance of any bonds of the district shall have been

 3  authorized, to borrow money for the purposes for which such

 4  bonds are to be issued in anticipation of the receipt of the

 5  proceeds from of the sale of such bonds and to issue bond

 6  anticipation notes in a principal sum that does exceed not in

 7  excess of the authorized maximum amount of the such bond

 8  issue. The Such notes shall be in such denomination or

 9  denominations, bear interest at such rate as the board may

10  determine in compliance with s. 215.84, mature at such time or

11  times not later than 5 years from the date of issuance, and be

12  in such form and executed in such manner as the board shall

13  prescribe. The Such notes may be sold at either public or

14  private sale or, if such notes are shall be renewal notes, may

15  be exchanged for notes then outstanding on such terms as the

16  board shall determine. The Such notes shall be paid from the

17  proceeds of such bonds when issued.  The board may, in its

18  discretion, in lieu of retiring the notes by means of bonds,

19  retire them by means of current revenues or from any taxes or

20  assessments levied for the payment of such bonds; but in such

21  event a like amount of the bonds authorized may shall not be

22  issued. Non-ad valorem assessments levied to pay interest on

23  bond anticipation notes do not constitute an installment of

24  assessments under s. 190.022.

25         Section 10.  Subsections (2), (3), and (9) of section

26  190.021, Florida Statutes, are amended to read:

27         190.021  Taxes; non-ad valorem assessments.--

28         (2)  BENEFIT SPECIAL ASSESSMENTS.--The board shall

29  annually determine, order, and levy the annual installment of

30  the total benefit special assessments for bonds issued and

31  related expenses to finance district facilities and projects

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 1  which are levied under this chapter act. These assessments may

 2  be due and collected during each year that county taxes are

 3  due and collected, in which case such annual installment and

 4  levy shall be evidenced to and certified to the property

 5  appraiser by the board not later than August 31 of each year,

 6  and such assessment shall be entered by the property appraiser

 7  on the county tax rolls, and shall be collected and enforced

 8  by the tax collector in the same manner and at the same time

 9  as county taxes, and the proceeds thereof shall be paid to the

10  district. However, this subsection does shall not prohibit the

11  district in its discretion from using the method prescribed in

12  either s. 197.363 or s. 197.3632 for collecting and enforcing

13  these assessments. Notice of the proposed amount of the

14  assessment provided pursuant to s. 200.069 which includes the

15  date and time of the hearing may be used in lieu of the notice

16  provisions of s. 197.3632(4)(b). These benefit special

17  assessments are shall be a lien on the property against which

18  assessed until paid and are shall be enforceable in like

19  manner as county taxes. The amount of the assessment for the

20  exercise of the district's powers under ss. 190.011 and

21  190.012 shall be determined by the board based upon a report

22  of the district's engineer and assessed by the board upon such

23  lands, which may be part or all of the lands within the

24  district benefited by the improvement, apportioned between

25  benefited lands in proportion to the benefits received by each

26  tract of land.

27         (3)  MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and

28  preserve the facilities and projects of the district, the

29  board may levy a maintenance special assessment. This

30  assessment may be evidenced to and certified to the property

31  appraiser by the board of supervisors not later than August 31

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 1  of each year and shall be entered by the property appraiser on

 2  the county tax rolls and shall be collected and enforced by

 3  the tax collector in the same manner and at the same time as

 4  county taxes, and the proceeds therefrom shall be paid to the

 5  district. However, this subsection does shall not prohibit the

 6  district in its discretion from using the method prescribed in

 7  either s. 197.363 or s. 197.3632 for collecting and enforcing

 8  these assessments. Notice of the proposed amount of the

 9  assessment provided pursuant to s. 200.069 which includes the

10  date and time of the hearing may be used in lieu of the notice

11  provisions of s. 197.3632(4)(b). These maintenance special

12  assessments are shall be a lien on the property against which

13  assessed until paid and are shall be enforceable in like

14  manner as county taxes. The amount of the maintenance special

15  assessment for the exercise of the district's powers under ss.

16  190.011 and 190.012 shall be determined by the board based

17  upon a report of the district's engineer and assessed by the

18  board upon such lands, which may be all of the lands within

19  the district benefited by the maintenance thereof, apportioned

20  between the benefited lands in proportion to the benefits

21  received by each tract of land.

22         (9)  ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit

23  special assessments and maintenance special assessments

24  authorized by this section, and special assessments authorized

25  by s. 190.022 and chapter 170, shall constitute a lien on the

26  property against which assessed from the date of imposition

27  thereof until paid, coequal with the lien of state, county,

28  municipal, and school board taxes. These non-ad valorem

29  assessments may be collected, at the district's discretion, by

30  the tax collector pursuant to the provisions of s. 197.363 or

31  

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 1  s. 197.3632, or in accordance with other collection measures

 2  provided by law.

 3         Section 11.  Section 190.026, Florida Statutes, is

 4  amended to read:

 5         190.026  Foreclosure of liens.--Any lien in favor of

 6  the district arising under this chapter act may be foreclosed

 7  by the district by foreclosure proceedings in the name of the

 8  district in a court of competent jurisdiction as provided

 9  under chapter 170 or by general law in like manner as is

10  provided in chapter 173 and amendments thereto; the provisions

11  of those chapters that chapter shall be applicable to such

12  proceedings with the same force and effect as if those

13  provisions were expressly set forth in this chapter act.  Any

14  act required or authorized to be done by or on behalf of a

15  municipality in foreclosure proceedings under chapter 170 or

16  chapter 173 may be performed by such officer or agent of the

17  district as the board of supervisors may designate.  Such

18  foreclosure proceedings may be brought at any time after the

19  expiration of 1 year after from the date any tax, or

20  installment thereof, becomes delinquent; however no lien may

21  shall be foreclosed against any political subdivision or

22  agency of the state.  Other legal remedies shall remain

23  available.

24         Section 12.  Subsections (1) and (3) of section

25  190.033, Florida Statutes, are amended to read:

26         190.033  Bids required.--

27         (1)  A No contract may not shall be let by the board

28  for any goods, supplies, or materials to be purchased when the

29  amount thereof to be paid by the district exceeds shall exceed

30  the amount provided in s. 287.017 for category four, unless

31  notice of bids or other competitive solicitation, including a

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 1  request for proposals or qualifications, is shall be

 2  advertised once in a newspaper in general circulation in the

 3  county and in the district. Any board seeking to construct or

 4  improve a public building, structure, or other public works

 5  must shall comply with the bidding procedures of s. 255.20 and

 6  other applicable general law. In each case, the bid of the

 7  lowest responsive and responsible bidder shall be accepted

 8  unless all bids are rejected because the bids are too high, or

 9  the board determines it is in the best interests of the

10  district to reject all bids. In each case in which requests

11  for proposals, qualifications, or other competitive

12  solicitations are used, the district shall determine which

13  response is most advantageous to the district and award the

14  contract to the proposer. The board may require the bidders or

15  proposers to furnish bond with a responsible surety to be

16  approved by the board. If the district does not receive a

17  response to its competitive solicitation, the district may

18  proceed to purchase such goods, supplies, materials, or

19  construction services in the manner it deems to be in the best

20  interest of the district. Nothing in This section does not

21  shall prevent the board from undertaking and performing the

22  construction, operation, and maintenance of any project or

23  facility authorized by this chapter act by the employment of

24  labor, material, and machinery.

25         (3)  Contracts for maintenance services for any

26  district facility or project are shall be subject to

27  competitive solicitation bidding requirements when the amount

28  thereof to be paid by the district exceeds the amount provided

29  in s. 287.017 for category four. The district shall adopt

30  rules, policies, or procedures establishing competitive

31  solicitation bidding procedures for maintenance services.

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 1  Contracts for other services shall not be subject to

 2  competitive solicitation bidding unless the district adopts a

 3  rule, policy, or procedure applying competitive solicitation

 4  bidding procedures to such said contracts.

 5         Section 13.  Subsection (1) of section 190.046, Florida

 6  Statutes, is amended to read:

 7         190.046  Termination, contraction, or expansion of

 8  district.--

 9         (1)  The board may petition to contract or expand the

10  boundaries of a community development district in the

11  following manner:

12         (a)  The petition must shall contain the same

13  information required by s. 190.005(1)(a)1. and 8.  In

14  addition, if the petitioner seeks to expand the district, the

15  petition must shall describe the proposed timetable for

16  construction of any district services to the area, the

17  estimated cost of constructing the proposed services, and the

18  designation of the future general distribution, location, and

19  extent of public and private uses of land proposed for the

20  area by the future land use plan element of the adopted local

21  government local comprehensive plan.  If the petitioner seeks

22  to contract the district, the petition must shall describe

23  what services and facilities are currently provided by the

24  district to the area being removed, and the designation of the

25  future general distribution, location, and extent of public

26  and private uses of land proposed for the area by the future

27  land element of the adopted local government comprehensive

28  plan.

29         (b)  For those districts initially established by

30  county ordinance, the petition for ordinance amendment must

31  shall be filed with the county commission.  If the land to be

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 1  included or excluded is, in whole or in part, within the

 2  boundaries of a municipality, then the county commission may

 3  shall not amend the ordinance without municipal approval.  A

 4  public hearing must shall be held in the same manner and with

 5  the same public notice as other ordinance amendments.  The

 6  county commission shall consider the record of the public

 7  hearing and the factors set forth in s. 190.005(1)(e) in

 8  making its determination to grant or deny the petition for

 9  ordinance amendment.

10         (c)  For those districts initially established by

11  municipal ordinance pursuant to s. 190.005(2)(e), the

12  municipality shall assume the duties of the county commission

13  set forth in paragraph (b); however, if any of the land to be

14  included or excluded, in whole or in part, is outside the

15  boundaries of the municipality, then the municipality may

16  shall not amend its ordinance without county commission

17  approval.

18         (d)1.  For those districts initially established by

19  administrative rule pursuant to s. 190.005(1), the petition

20  shall be filed with the Florida Land and Water Adjudicatory

21  Commission.

22         1.2.  Prior to filing the petition, the petitioner

23  shall pay a filing fee of $1,500 to the county if the district

24  or the land to be added or deleted from the district is

25  located within an unincorporated area, or to the municipality

26  if the district or the land to be added or deleted is located

27  within an incorporated area, and to each municipality the

28  boundaries of which are contiguous with or contain all or a

29  portion of the land within or to be added to or deleted from

30  the external boundaries of the district or the proposed

31  amendment, and submit a copy of the petition to the county and

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 1  to each such municipality. The petitioner shall submit a copy

 2  of the petition to the same entities entitled to receive the

 3  filing fee. In addition, if the district is not the

 4  petitioner, the petitioner shall file the petition with the

 5  district board of supervisors.

 6         2.3.  Each The county and each municipality shall have

 7  the option of holding a public hearing as provided by s.

 8  190.005(1)(c). However, the such public hearing shall be

 9  limited to consideration of the contents of the petition and

10  whether the petition for amendment should be supported by the

11  county or municipality.

12         3.4.  The district board of supervisors shall, in lieu

13  of a hearing officer, hold the local public hearing provided

14  for by s. 190.005(1)(d).  This local public hearing shall be

15  noticed in the same manner as provided in s. 190.005(1)(d).

16  Within 45 days of the conclusion of the hearing, the district

17  board of supervisors shall transmit to the Florida Land and

18  Water Adjudicatory Commission the full record of the local

19  hearing, the transcript of the hearing, any resolutions

20  adopted by the local general-purpose governments, and its

21  recommendation whether to grant the petition for amendment.

22  The commission shall then proceed in accordance with s.

23  190.005(1)(e).

24         4.5.  A rule amending a district boundary shall

25  describe the land to be added or deleted.

26         (e)  In all cases, written consent of all the

27  landowners whose land is to be added to or deleted from the

28  district shall be required. The filing of the petition for

29  expansion or contraction by the district board of supervisors

30  shall constitute consent of the landowners within the district

31  

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 1  other than of landowners whose land is proposed to be added to

 2  or removed from the district.

 3         (e)1.(f)1.  During the existence of a district

 4  initially established by administrative rule, the process

 5  petitions to amend the boundaries of the district pursuant to

 6  paragraphs (a)-(d) may not exceed (a)-(e) shall be limited to

 7  a cumulative net total of no more than 10 percent of the land

 8  in the initial district, and in no event exceed shall all such

 9  petitions to amend the boundaries ever encompass more than a

10  total of 250 acres on a cumulative net basis.

11         2.  During the existence of a district For districts

12  initially established by county or municipal ordinance, the

13  limitation provided by this paragraph may not exceed shall be

14  a cumulative net total of no more than 50 percent of the land

15  in the initial district, and in no event shall all such

16  petitions to amend the boundaries ever encompass more than a

17  total of 500 acres on a cumulative net basis.

18         3.  Boundary expansions for districts initially

19  established by county or municipal ordinance shall follow the

20  procedure set forth in paragraph (b) or paragraph (c).

21         (f)(g)  Petitions to amend the boundaries of the

22  district which exceed the amount of land specified in

23  paragraph (e) (f) shall be considered petitions to establish a

24  new district and shall follow all of the procedures specified

25  in s. 190.005(1)(a)1. and 5.-8. and must follow the process

26  provided in s. 190.005 for establishment of a new district.

27  However, the resulting administrative rule or ordinance only

28  amends the boundary of the district and does not establish a

29  new district or cause a new 6-year or 10-year period to begin

30  pursuant to s. 190.006(3)(a)2. s. 190.005.

31  

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 1         (g)  In all cases of a petition to amend the boundaries

 2  of the district, the filing of the petition by the district

 3  board of supervisors constitutes the consent of the landowners

 4  within the district, with the exception of those landowners

 5  whose land is to be added to or deleted from the district. In

 6  such cases, the written consent of those landowners is

 7  required.

 8         Section 14.  Subsection (1) of section 190.047, Florida

 9  Statutes, is amended to read:

10         190.047  Incorporation or annexation of district.--

11         (1)  Upon attaining the population standards for

12  incorporation contained in s. 165.061, as determined by the

13  Department of Community Affairs, any district wholly contained

14  within the unincorporated area of a county which also meets

15  the other requirements for incorporation contained in s.

16  165.061 shall hold a referendum at a general election on the

17  question of whether to incorporate. However, any district

18  contiguous to the boundary of a municipality may be annexed to

19  the such municipality pursuant to the provisions of chapter

20  171.

21         Section 15.  Except as otherwise expressly provided in

22  this act, this act shall take effect upon becoming a law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2700

 3                                 

 4   The committee substitute makes several technical and
    clarifying changes to the bill. It:
 5  
    1.   Adds chilled water distribution systems to the definition
 6       of "water system."

 7  2.   Requires the maintaining of records, holding of meetings
         and hearings, and publishing of notices to occur in
 8       county where the majority of a district's acreage is
         located if the district is located in two or more
 9       counties.

10  3.   Requires districts to publish notice of the qualifying
         period for a general election at least 2 weeks before the
11       start of the qualifying period.

12  4.   Requires an appointment by the board to fill a vacant
         seat to be made within 90 days after declaring the
13       vacancy.

14  5.   Requires districts to "file", rather than "record",
         certain disclosure documents in the county where the
15       district is located.

16  6.   Restores ch. 170, F.S., to the list of chapters that
         districts must comply with when collecting special
17       assessments.

18  8.   Includes "alleys" and "site improvements related to
         schools" in the list of infrastructure that a district
19       may finance and construct.

20  9.   Adds a new section that amends s. 190.26, F.S., to
         require a district to use the foreclosure proceedings in
21       chapters 170 or 173, F.S., when foreclosing a lien in
         favor of the district.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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