Florida Senate - 2009                                    SB 1602
       
       
       
       By Senator Baker
       
       
       
       
       20-01557A-09                                          20091602__
    1                        A bill to be entitled                      
    2         An act relating to community development districts;
    3         amending s. 190.012, F.S.; revising the rulemaking
    4         authority of boards of directors of community
    5         development districts with respect to enforcement of
    6         deed restrictions; authorizing district boards to
    7         enforce rule violations in circuit court; providing an
    8         effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Subsection (4) of section 190.012, Florida
   13  Statutes, is amended to read:
   14         190.012 Special powers; public improvements and community
   15  facilities.—The district shall have, and the board may exercise,
   16  subject to the regulatory jurisdiction and permitting authority
   17  of all applicable governmental bodies, agencies, and special
   18  districts having authority with respect to any area included
   19  therein, any or all of the following special powers relating to
   20  public improvements and community facilities authorized by this
   21  act:
   22         (4)(a) To adopt rules necessary for the district to enforce
   23  certain deed restrictions pertaining to the use and operation of
   24  real property within the district and outside the district if
   25  pursuant to an interlocal agreement under chapter 163 if within
   26  another district or, if not within another district, with the
   27  consent of the county or municipality in which the deed
   28  restriction enforcement is proposed to occur. For the purpose of
   29  this subsection, the term “deed restrictions” means are those
   30  covenants, conditions, and restrictions, compliance mechanisms,
   31  and enforcement remedies contained in any applicable
   32  declarations of covenants and restrictions that govern the use
   33  and operation of real property within the district and, for
   34  which covenants, conditions, and restrictions, there is no
   35  homeowners’ association or property owner’s association having
   36  respective enforcement powers unless, with respect to a
   37  homeowners’ association whose board is under member control, the
   38  association and the district agree in writing to enforcement by
   39  the district. The district may adopt by rule all or certain
   40  portions of the deed restrictions that:
   41         1. Relate to limitations, or prohibitions, compliance
   42  mechanisms, or enforcement remedies that apply only to external
   43  appearances or uses structures and are deemed by the district to
   44  be generally beneficial for the district’s landowners and for
   45  which enforcement by the district is appropriate, as determined
   46  by the district’s board of supervisors; or
   47         2. Are consistent with the requirements of a development
   48  order or regulatory agency permit.
   49         (b) The board may vote to adopt such rules only when all of
   50  the following conditions exist:
   51         1. The district’s geographic area contains no homeowners’
   52  associations as defined in s. 720.301(9);
   53         1.2. The district was in existence on the effective date of
   54  this subsection, or is located within a development that
   55  consists of multiple developments of regional impact and a
   56  Florida Quality Development;
   57         2.3. For residential districts, the majority of the board
   58  has been elected by qualified electors pursuant to the
   59  provisions of s. 190.006; and
   60         3.4. The declarant in any applicable declarations of
   61  covenants and restrictions has provided the board with a written
   62  agreement that such rules may be adopted. A memorandum of the
   63  agreement shall be recorded in the public records.
   64         (c) Within 60 days after such rules take effect, the
   65  district shall record a notice of rule adoption stating
   66  generally what rules were adopted and where a copy of the rules
   67  may be obtained. Districts may impose fines for violations of
   68  such rules and enforce such rules and fines in circuit court
   69  through injunctive relief.
   70         (d) In addition to using the compliance mechanisms and
   71  enforcement remedies adopted pursuant to subparagraph (a)1., a
   72  district may enforce such rules in circuit court through
   73  injunctive relief as provided in s. 190.041.
   74         Section 2. This act shall take effect July 1, 2009.