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