HB 821

1
A bill to be entitled
2An act relating to community development districts;
3amending s. 190.012, F.S.; revising deed restriction
4enforcement rulemaking authority of boards of directors of
5community development districts; authorizing district
6boards to enforce rule violations in circuit court;
7providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (4) of section 190.012, Florida
12Statutes, is amended to read:
13     190.012  Special powers; public improvements and community
14facilities.--The district shall have, and the board may
15exercise, subject to the regulatory jurisdiction and permitting
16authority of all applicable governmental bodies, agencies, and
17special districts having authority with respect to any area
18included therein, any or all of the following special powers
19relating to public improvements and community facilities
20authorized by this act:
21     (4)(a)  To adopt rules necessary for the district to
22enforce certain deed restrictions pertaining to the use and
23operation of real property within the district and outside the
24district if pursuant to an interlocal agreement under chapter
25163 if within another district or, if not within another
26district, with the consent of the county or municipality in
27which the deed restriction enforcement is proposed to occur. For
28the purpose of this subsection, the term "deed restrictions"
29means are those covenants, conditions, and restrictions,
30compliance mechanisms, and enforcement remedies contained in any
31applicable declarations of covenants and restrictions that
32govern the use and operation of real property within the
33district and, for which covenants, conditions, and restrictions,
34there is no homeowners' association or property owner's
35association having respective enforcement powers unless, with
36respect to a homeowners' association whose board is under member
37control, the association and the district agree in writing to
38enforcement by the district. The district may adopt by rule all
39or certain portions of the deed restrictions that:
40     1.  Relate to limitations, or prohibitions, compliance
41mechanisms, or enforcement remedies that apply only to external
42appearances or uses structures and are deemed by the district to
43be generally beneficial for the district's landowners and for
44which enforcement by the district is appropriate, as determined
45by the district's board of supervisors; or
46     2.  Are consistent with the requirements of a development
47order or regulatory agency permit.
48     (b)  The board may vote to adopt such rules only when all
49of the following conditions exist:
50     1.  The district's geographic area contains no homeowners'
51associations as defined in s. 720.301(9);
52     1.2.  The district was in existence on the effective date
53of this subsection, or is located within a development that
54consists of multiple developments of regional impact and a
55Florida Quality Development;
56     2.3.  For residential districts, the majority of the board
57has been elected by qualified electors pursuant to the
58provisions of s. 190.006; and
59     3.4.  The declarant in any applicable declarations of
60covenants and restrictions has provided the board with a written
61agreement that such rules may be adopted. A memorandum of the
62agreement shall be recorded in the public records.
63     (c)  Within 60 days after such rules take effect, the
64district shall record a notice of rule adoption stating
65generally what rules were adopted and where a copy of the rules
66may be obtained. Districts may impose fines for violations of
67such rules and enforce such rules and fines in circuit court
68through injunctive relief.
69     (d)  In addition to using the compliance mechanisms and
70enforcement remedies adopted pursuant to subparagraph (a)1., a
71district may enforce such rules in circuit court through
72injunctive relief as provided in s. 190.041.
73     Section 2.  This act shall take effect July 1, 2009.


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