Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1602
       
       
       
       
       
       
                                Barcode 947204                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/31/2009           .                                
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       The Committee on Community Affairs (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (4) of
    6  section 190.012, Florida Statutes, are amended to read:
    7         190.012 Special powers; public improvements and community
    8  facilities.—The district shall have, and the board may exercise,
    9  subject to the regulatory jurisdiction and permitting authority
   10  of all applicable governmental bodies, agencies, and special
   11  districts having authority with respect to any area included
   12  therein, any or all of the following special powers relating to
   13  public improvements and community facilities authorized by this
   14  act:
   15         (4)(a) To adopt rules necessary for the district to enforce
   16  certain deed restrictions pertaining to the use and operation of
   17  real property within the district and outside the district if
   18  pursuant to an interlocal agreement under chapter 163 if within
   19  another district or, if not within another district, with the
   20  consent of the county or municipality in which the deed
   21  restriction enforcement is proposed to occur. For the purpose of
   22  this subsection, the term “deed restrictions” means are those
   23  covenants, conditions, and restrictions, compliance mechanisms,
   24  and enforcement remedies contained in any applicable
   25  declarations of covenants and restrictions that govern the use
   26  and operation of real property within the district and, for
   27  which covenants, conditions, and restrictions, there is no
   28  homeowners’ association or property owner’s association having
   29  respective enforcement powers unless, with respect to a
   30  homeowners’ association whose board is under member control, the
   31  association and the district agree in writing to enforcement by
   32  the district. The district may adopt by rule all or certain
   33  portions of the deed restrictions that:
   34         1. Relate to limitations, or prohibitions, compliance
   35  mechanisms, or enforcement remedies that apply only to external
   36  appearances or uses structures and are deemed by the district to
   37  be generally beneficial for the district’s landowners and for
   38  which enforcement by the district is appropriate, as determined
   39  by the district’s board of supervisors; or
   40         2. Are consistent with the requirements of a development
   41  order or regulatory agency permit.
   42         (b) The board may vote to adopt such rules only when all of
   43  the following conditions exist:
   44         1. The district’s geographic area contains no homeowners’
   45  associations as defined in s. 720.301(9);
   46         1.2. The district was in existence on the effective date of
   47  this subsection, or is located within a development that
   48  consists of multiple developments of regional impact and a
   49  Florida Quality Development.;
   50         2.3. For residential districts, the majority of the board
   51  has been elected by qualified electors pursuant to the
   52  provisions of s. 190.006.; and
   53         3.For residential districts, less than 25 percent of
   54  residential units are in a homeowners’ association.
   55         4. The declarant in any applicable declarations of
   56  covenants and restrictions has provided the board with a written
   57  agreement that such rules may be adopted. A memorandum of the
   58  agreement shall be recorded in the public records.
   59         Section 2. Subsections (1) and (3) of section 190.046,
   60  Florida Statutes, are amended to read:
   61         190.046 Termination, contraction, or expansion of
   62  district.—
   63         (1) A landowner or the board may petition to contract or
   64  expand the boundaries of a community development district in the
   65  following manner:
   66         (a) The petition shall contain the same information
   67  required by s. 190.005(1)(a)1. and 8. In addition, if the
   68  petitioner seeks to expand the district, the petition shall
   69  describe the proposed timetable for construction of any district
   70  services to the area, the estimated cost of constructing the
   71  proposed services, and the designation of the future general
   72  distribution, location, and extent of public and private uses of
   73  land proposed for the area by the future land use plan element
   74  of the adopted local government local comprehensive plan. If the
   75  petitioner seeks to contract the district, the petition shall
   76  describe what services and facilities are currently provided by
   77  the district to the area being removed, and the designation of
   78  the future general distribution, location, and extent of public
   79  and private uses of land proposed for the area by the future
   80  land element of the adopted local government comprehensive plan.
   81         (b) For those districts initially established by county
   82  ordinance, the petition for ordinance amendment shall be filed
   83  with the county commission. If the land to be included or
   84  excluded is, in whole or in part, within the boundaries of a
   85  municipality, then the county commission shall not amend the
   86  ordinance without municipal approval. A public hearing shall be
   87  held in the same manner and with the same public notice as other
   88  ordinance amendments. The county commission shall consider the
   89  record of the public hearing and the factors set forth in s.
   90  190.005(1)(e) in making its determination to grant or deny the
   91  petition for ordinance amendment.
   92         (c) For those districts initially established by municipal
   93  ordinance pursuant to s. 190.005(2)(e), the municipality shall
   94  assume the duties of the county commission set forth in
   95  paragraph (b); however, if any of the land to be included or
   96  excluded, in whole or in part, is outside the boundaries of the
   97  municipality, then the municipality shall not amend its
   98  ordinance without county commission approval.
   99         (d)1. For those districts initially established by
  100  administrative rule pursuant to s. 190.005(1), the petition
  101  shall be filed with the Florida Land and Water Adjudicatory
  102  Commission.
  103         2. Before Prior to filing the petition, the petitioner
  104  shall pay a filing fee of $1,500 to the county if the district
  105  or the land to be added or deleted from the district is located
  106  within an unincorporated area or to the municipality if the
  107  district or the land to be added or deleted is located within an
  108  incorporated area, and to each municipality the boundaries of
  109  which are contiguous with or contain all or a portion of the
  110  land within or to be added to or deleted from the external
  111  boundaries of the district or the proposed amendment, and submit
  112  a copy of the petition to the county and to each such
  113  municipality. The petitioner shall submit a copy of the petition
  114  to the entities entitled to receive the filing fee. In addition,
  115  if the district is not the petitioner, the petitioner shall file
  116  the petition with the district board of supervisors.
  117         3. Each The county and each municipality shall have the
  118  option of holding a public hearing as provided by s.
  119  190.005(1)(c). However, such public hearing shall be limited to
  120  consideration of the contents of the petition and whether the
  121  petition for amendment should be supported by the county or
  122  municipality.
  123         4. The district board of supervisors shall, in lieu of a
  124  hearing officer, hold the local public hearing provided for by
  125  s. 190.005(1)(d). This local public hearing shall be noticed in
  126  the same manner as provided in s. 190.005(1)(d). Within 45 days
  127  of the conclusion of the hearing, the district board of
  128  supervisors shall transmit to the Florida Land and Water
  129  Adjudicatory Commission the full record of the local hearing,
  130  the transcript of the hearing, any resolutions adopted by the
  131  local general-purpose governments, and its recommendation
  132  whether to grant the petition for amendment. The commission
  133  shall then proceed in accordance with s. 190.005(1)(e).
  134         5. A rule amending a district boundary shall describe the
  135  land to be added or deleted.
  136         (e) In all cases, written consent of all the landowners
  137  whose land is to be added to or deleted from the district shall
  138  be required. The filing of the petition for expansion or
  139  contraction by the district board of supervisors shall
  140  constitute consent of the landowners within the district other
  141  than of landowners whose land is proposed to be added to or
  142  removed from the district.
  143         (e)(f)1. During the existence of a district initially
  144  established by administrative rule, the process petitions to
  145  amend the boundaries of the district pursuant to paragraphs (a)
  146  (d) may not permit (a)-(e) shall be limited to a cumulative net
  147  total of no more than 10 percent of the land in the initial
  148  district or, and in no event shall all such petitions to amend
  149  the boundaries ever encompass more than a total of 250 acres on
  150  a cumulative net basis.
  151         2. During the existence of a district For districts
  152  initially established by county or municipal ordinance, the
  153  process to amend the boundaries of the district pursuant to
  154  paragraphs (a)-(d) may not permit limitation provided by this
  155  paragraph shall be a cumulative net total of no more than 50
  156  percent of the land in the initial district or, and in no event
  157  shall all such petitions to amend the boundaries ever encompass
  158  more than a total of 500 acres on a cumulative net basis.
  159         3. Boundary expansions for districts initially established
  160  by county or municipal ordinance shall follow the procedure set
  161  forth in paragraph (b) or paragraph (c).
  162         (f)(g) Petitions to amend the boundaries of the district
  163  exceeding which exceed the amount of land specified in paragraph
  164  (e) (f) shall be processed in accordance with s. 190.005, and
  165  the petition shall include only the elements set forth in s.
  166  190.005(1)(a)1. and 5.-8., and the consent required by paragraph
  167  (g) considered petitions to establish a new district and shall
  168  follow all of the procedures specified in s. 190.005. However,
  169  the resulting administrative rule or ordinance may amend only
  170  the boundaries of the district and may not establish a new
  171  district or cause a new 6-year or 10-year period, as described
  172  in s. 190.006(3)(a)2. to begin. The filing fee for such
  173  petitions shall be as set forth in s. 190.005(1)(b) and (2), as
  174  applicable.
  175         (g)For any petition to amend the boundaries of a district,
  176  the filing of the petition by the district board of supervisors
  177  constitutes consent of the landowners within the district.
  178  Written consent must be obtained from the landowners whose land
  179  is to be added to or deleted from the district as provided in s.
  180  190.005(1)(a)2.
  181         (3) The district may merge with other community development
  182  districts upon filing a petition for merger. Such petition must
  183  include the elements described in s. 190.005(1) and be evaluated
  184  using the criteria set forth in s. 190.005(1)(e). The filing fee
  185  shall be as provided in s. 190.005(1)(b). In addition, the
  186  petition must state whether a new district will be established
  187  or one district will be the surviving district. The district
  188  establishment of a community development district pursuant to s.
  189  190.005 or may merge with any other special districts upon
  190  filing a petition for establishment of a community development
  191  district pursuant to s. 190.005. The government formed by a
  192  merger involving a community development district pursuant to
  193  this section shall assume all indebtedness of, and receive title
  194  to, all property owned by the preexisting special districts, and
  195  the rights of creditors and liens upon property are not impaired
  196  by such merger. Any existing claim, pending action, or
  197  proceeding by or against any district that is a party to the
  198  merger may be continued as if the merger had not occurred, or
  199  the surviving district may be substituted in the proceeding for
  200  the district that ceased to exist. Before Prior to filing the
  201  said petition, the districts desiring to merge shall enter into
  202  a merger agreement and shall provide for the proper allocation
  203  of the indebtedness so assumed and the manner in which the said
  204  debt shall be retired. The approval of the merger agreement and
  205  the petition by the board of supervisors elected by the electors
  206  of the district shall constitute consent of the landowners
  207  within the district.
  208         Section 3. This act shall take effect July 1, 2009.
  209  
  210  
  211  ================= T I T L E  A M E N D M E N T ================
  212         And the title is amended as follows:
  213         Delete everything before the enacting clause
  214  and insert:
  215                        A bill to be entitled                      
  216         An act relating to community development districts;
  217         amending s. 190.012, F.S.; revising the rulemaking
  218         authority of boards of directors of community
  219         development districts regarding enforcement of deed
  220         restrictions; amending s. 190.046, F.S.; revising
  221         procedures and requirements for amending the
  222         boundaries of a community development district;
  223         revising procedures and requirements for merging
  224         community development districts; providing
  225         limitations; providing that certain actions constitute
  226         consent of landowners within a district to amendment
  227         of the boundaries of the district; requiring written
  228         consent from such landowners as a prerequisite to the
  229         amendment of the boundaries of a district; authorizing
  230         filing fees for petitions for merger; preserving
  231         rights of certain creditors and certain liens upon
  232         property; providing for the continuance of existing
  233         claims and pending actions or proceedings by or
  234         against a district that is a party to a merger;
  235         authorizing the substituting of a surviving district
  236         for a dissolved district in such action, claim, or
  237         proceeding; providing that approval of the merger
  238         agreement and the petition by the board of supervisors
  239         of the district constitutes consent of the landowners
  240         within the district to a merger; providing an
  241         effective date.