| 1 | A bill to be entitled |
| 2 | An act relating to community development districts; |
| 3 | amending s. 190.003, F.S.; defining the term "compact, |
| 4 | urban, mixed-use district"; amending s. 190.006, F.S.; |
| 5 | providing for application of certain board of supervisors |
| 6 | election time periods to compact, urban, mixed-use |
| 7 | districts; providing for retroactive application; amending |
| 8 | ss. 190.005, 190.011, 190.016, 190.021, and 348.968, F.S.; |
| 9 | conforming cross-references; amending s. 190.012, F.S.; |
| 10 | revising deed restriction enforcement rulemaking authority |
| 11 | of boards of directors of community development districts; |
| 12 | authorizing certain property owners to elect a district |
| 13 | board advisor; providing advisor responsibilities; |
| 14 | providing requirements for district board advisor review |
| 15 | and recommendations relating to enforcement of the |
| 16 | district rules outside the boundaries of the district; |
| 17 | requiring creation of a district board advisor seat after |
| 18 | an interlocal agreement is entered into; providing for |
| 19 | election of the advisor and the term of office; providing |
| 20 | election procedures and requirements; amending s. 190.046, |
| 21 | F.S.; revising procedures and requirements to amend the |
| 22 | boundaries of a community development district; revising |
| 23 | procedures and requirements to merge community development |
| 24 | districts; providing limitations; providing for petition |
| 25 | filing fees; preserving rights of creditors, liens upon |
| 26 | property, and claims and pending actions or proceedings; |
| 27 | providing an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 | Section 1. Subsections (7) through (21) of section |
| 31 | 190.003, Florida Statutes, are renumbered as subsections (8) |
| 32 | through (22), respectively, and a new subsection (7) is added to |
| 33 | that section to read: |
| 34 | 190.003 Definitions.--As used in this chapter, the term: |
| 35 | (7) "Compact, urban, mixed-use district" means a district |
| 36 | located within a municipality and within a community |
| 37 | redevelopment area created pursuant to s. 163.356, that consists |
| 38 | of a maximum of 75 acres, and has development entitlements of at |
| 39 | least 400,000 square feet of retail development and 500 |
| 40 | residential units. |
| 41 | Section 2. Paragraph (a) of subsection (3) of section |
| 42 | 190.006, Florida Statutes, is amended to read: |
| 43 | 190.006 Board of supervisors; members and meetings.-- |
| 44 | (3)(a)1. If the board proposes to exercise the ad valorem |
| 45 | taxing power authorized by s. 190.021, the district board shall |
| 46 | call an election at which the members of the board of |
| 47 | supervisors will be elected. Such election shall be held in |
| 48 | conjunction with a primary or general election unless the |
| 49 | district bears the cost of a special election. Each member shall |
| 50 | be elected by the qualified electors of the district for a term |
| 51 | of 4 years, except that, at the first such election, three |
| 52 | members shall be elected for a period of 4 years and two members |
| 53 | shall be elected for a period of 2 years. All elected board |
| 54 | members must be qualified electors of the district. |
| 55 | 2.a. Regardless of whether a district has proposed to levy |
| 56 | ad valorem taxes, commencing 6 years after the initial |
| 57 | appointment of members or, for a district exceeding 5,000 acres |
| 58 | in area or for a compact, urban, mixed-use district, 10 years |
| 59 | after the initial appointment of members, the position of each |
| 60 | member whose term has expired shall be filled by a qualified |
| 61 | elector of the district, elected by the qualified electors of |
| 62 | the district. However, for those districts established after |
| 63 | June 21, 1991, and for those existing districts established |
| 64 | after December 31, 1983, which have less than 50 qualified |
| 65 | electors on June 21, 1991, sub-subparagraphs b. and d. shall |
| 66 | apply. If, in the 6th year after the initial appointment of |
| 67 | members, or 10 years after such initial appointment for |
| 68 | districts exceeding 5,000 acres in area or for a compact, urban, |
| 69 | mixed-use district, there are not at least 250 qualified |
| 70 | electors in the district, or for a district exceeding 5,000 |
| 71 | acres or for a compact, urban, mixed-use district, there are not |
| 72 | at least 500 qualified electors, members of the board shall |
| 73 | continue to be elected by landowners. |
| 74 | b. After the 6th or 10th year, once a district reaches 250 |
| 75 | or 500 qualified electors, respectively, then the positions of |
| 76 | two board members whose terms are expiring shall be filled by |
| 77 | qualified electors of the district, elected by the qualified |
| 78 | electors of the district for 4-year terms. The remaining board |
| 79 | member whose term is expiring shall be elected for a 4-year term |
| 80 | by the landowners and is not required to be a qualified elector. |
| 81 | Thereafter, as terms expire, board members shall be qualified |
| 82 | electors elected by qualified electors of the district for a |
| 83 | term of 4 years. |
| 84 | c. Once a district qualifies to have any of its board |
| 85 | members elected by the qualified electors of the district, the |
| 86 | initial and all subsequent elections by the qualified electors |
| 87 | of the district shall be held at the general election in |
| 88 | November. The board shall adopt a resolution if necessary to |
| 89 | implement this requirement when the board determines the number |
| 90 | of qualified electors as required by sub-subparagraph d., to |
| 91 | extend or reduce the terms of current board members. |
| 92 | d. On or before June 1 of each year, the board shall |
| 93 | determine the number of qualified electors in the district as of |
| 94 | the immediately preceding April 15. The board shall use and rely |
| 95 | upon the official records maintained by the supervisor of |
| 96 | elections and property appraiser or tax collector in each county |
| 97 | in making this determination. Such determination shall be made |
| 98 | at a properly noticed meeting of the board and shall become a |
| 99 | part of the official minutes of the district. |
| 100 | Section 3. The amendment to s. 190.006, Florida Statutes, |
| 101 | made by this act shall apply retroactively to districts |
| 102 | established prior to July 1, 2009. |
| 103 | Section 4. Paragraph (a) of subsection (1) of section |
| 104 | 190.005, Florida Statutes, is amended to read: |
| 105 | 190.005 Establishment of district.-- |
| 106 | (1) The exclusive and uniform method for the establishment |
| 107 | of a community development district with a size of 1,000 acres |
| 108 | or more shall be pursuant to a rule, adopted under chapter 120 |
| 109 | by the Florida Land and Water Adjudicatory Commission, granting |
| 110 | a petition for the establishment of a community development |
| 111 | district. |
| 112 | (a) A petition for the establishment of a community |
| 113 | development district shall be filed by the petitioner with the |
| 114 | Florida Land and Water Adjudicatory Commission. The petition |
| 115 | shall contain: |
| 116 | 1. A metes and bounds description of the external |
| 117 | boundaries of the district. Any real property within the |
| 118 | external boundaries of the district which is to be excluded from |
| 119 | the district shall be specifically described, and the last known |
| 120 | address of all owners of such real property shall be listed. The |
| 121 | petition shall also address the impact of the proposed district |
| 122 | on any real property within the external boundaries of the |
| 123 | district which is to be excluded from the district. |
| 124 | 2. The written consent to the establishment of the |
| 125 | district by all landowners whose real property is to be included |
| 126 | in the district or documentation demonstrating that the |
| 127 | petitioner has control by deed, trust agreement, contract, or |
| 128 | option of 100 percent of the real property to be included in the |
| 129 | district, and when real property to be included in the district |
| 130 | is owned by a governmental entity and subject to a ground lease |
| 131 | as described in s. 190.003(14)(13), the written consent by such |
| 132 | governmental entity. |
| 133 | 3. A designation of five persons to be the initial members |
| 134 | of the board of supervisors, who shall serve in that office |
| 135 | until replaced by elected members as provided in s. 190.006. |
| 136 | 4. The proposed name of the district. |
| 137 | 5. A map of the proposed district showing current major |
| 138 | trunk water mains and sewer interceptors and outfalls if in |
| 139 | existence. |
| 140 | 6. Based upon available data, the proposed timetable for |
| 141 | construction of the district services and the estimated cost of |
| 142 | constructing the proposed services. These estimates shall be |
| 143 | submitted in good faith but shall not be binding and may be |
| 144 | subject to change. |
| 145 | 7. A designation of the future general distribution, |
| 146 | location, and extent of public and private uses of land proposed |
| 147 | for the area within the district by the future land use plan |
| 148 | element of the effective local government comprehensive plan of |
| 149 | which all mandatory elements have been adopted by the applicable |
| 150 | general-purpose local government in compliance with the Local |
| 151 | Government Comprehensive Planning and Land Development |
| 152 | Regulation Act. |
| 153 | 8. A statement of estimated regulatory costs in accordance |
| 154 | with the requirements of s. 120.541. |
| 155 | Section 5. Paragraph (b) of subsection (7) of section |
| 156 | 190.011, Florida Statutes, is amended to read: |
| 157 | 190.011 General powers.--The district shall have, and the |
| 158 | board may exercise, the following powers: |
| 159 | (7) |
| 160 | (b) When real property in the district is owned by a |
| 161 | governmental entity and subject to a ground lease as described |
| 162 | in s. 190.003(14)(13), to collect ground rent from landowners |
| 163 | pursuant to a contract with such governmental entity and to |
| 164 | contract with the county tax collector for collection of such |
| 165 | ground rent using the procedures authorized in s. 197.3631, |
| 166 | other than the procedures contained in s. 197.3632. |
| 167 | Section 6. Subsection (2) of section 190.016, Florida |
| 168 | Statutes, is amended to read: |
| 169 | 190.016 Bonds.-- |
| 170 | (2) AUTHORIZATION AND FORM OF BONDS.--Any general |
| 171 | obligation bonds, benefit bonds, or revenue bonds may be |
| 172 | authorized by resolution or resolutions of the board which shall |
| 173 | be adopted by a majority of all the members thereof then in |
| 174 | office. Such resolution or resolutions may be adopted at the |
| 175 | same meeting at which they are introduced and need not be |
| 176 | published or posted. The board may, by resolution, authorize the |
| 177 | issuance of bonds and fix the aggregate amount of bonds to be |
| 178 | issued; the purpose or purposes for which the moneys derived |
| 179 | therefrom shall be expended, including, but not limited to, |
| 180 | payment of costs as defined in s. 190.003(8)(7); the rate or |
| 181 | rates of interest, in compliance with s. 215.84; the |
| 182 | denomination of the bonds; whether or not the bonds are to be |
| 183 | issued in one or more series; the date or dates of maturity, |
| 184 | which shall not exceed 40 years from their respective dates of |
| 185 | issuance; the medium of payment; the place or places within or |
| 186 | without the state where payment shall be made; registration |
| 187 | privileges; redemption terms and privileges, whether with or |
| 188 | without premium; the manner of execution; the form of the bonds, |
| 189 | including any interest coupons to be attached thereto; the |
| 190 | manner of execution of bonds and coupons; and any and all other |
| 191 | terms, covenants, and conditions thereof and the establishment |
| 192 | of revenue or other funds. Such authorizing resolution or |
| 193 | resolutions may further provide for the contracts authorized by |
| 194 | s. 159.825(1)(f) and (g) regardless of the tax treatment of such |
| 195 | bonds being authorized, subject to the finding by the board of a |
| 196 | net saving to the district resulting by reason thereof. Such |
| 197 | authorizing resolution may further provide that such bonds may |
| 198 | be executed in accordance with the Registered Public Obligations |
| 199 | Act, except that bonds not issued in registered form shall be |
| 200 | valid if manually countersigned by an officer designated by |
| 201 | appropriate resolution of the board. The seal of the district |
| 202 | may be affixed, lithographed, engraved, or otherwise reproduced |
| 203 | in facsimile on such bonds. In case any officer whose signature |
| 204 | shall appear on any bonds or coupons shall cease to be such |
| 205 | officer before the delivery of such bonds, such signature or |
| 206 | facsimile shall nevertheless be valid and sufficient for all |
| 207 | purposes the same as if he or she had remained in office until |
| 208 | such delivery. |
| 209 | Section 7. Subsection (10) of section 190.021, Florida |
| 210 | Statutes, is amended to read: |
| 211 | 190.021 Taxes; non-ad valorem assessments.-- |
| 212 | (10) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as |
| 213 | otherwise provided by law, no levy of ad valorem taxes or non-ad |
| 214 | valorem assessments under this chapter, or chapter 170, chapter |
| 215 | 197, or otherwise, by a board of a district on property of a |
| 216 | governmental entity that is subject to a ground lease as |
| 217 | described in s. 190.003(14)(13), shall constitute a lien or |
| 218 | encumbrance on the underlying fee interest of such governmental |
| 219 | entity. |
| 220 | Section 8. Paragraph (g) of subsection (2) of section |
| 221 | 348.968, Florida Statutes, is amended to read: |
| 222 | 348.968 Purposes and powers.-- |
| 223 | (2) The authority is granted, and shall have and may |
| 224 | exercise, all powers necessary, appurtenant, convenient, or |
| 225 | incidental to the carrying out of said purposes, including, but |
| 226 | not limited to, the following rights and powers: |
| 227 | (g) To borrow money and make and issue bonds, which bonds |
| 228 | may be issued pursuant to the State Bond Act or, in the |
| 229 | alternative, pursuant to the provisions of s. 348.969(2), in |
| 230 | either case, for any purpose of the authority authorized, |
| 231 | including the financing of all or part of the cost, as specified |
| 232 | in s. 190.003(8)(7), of all or any part of the system and the |
| 233 | refunding of any and all previous issues of bonds of the |
| 234 | authority at or prior to maturity. |
| 235 | Section 9. Subsection (4) of section 190.012, Florida |
| 236 | Statutes, is amended to read: |
| 237 | 190.012 Special powers; public improvements and community |
| 238 | facilities.--The district shall have, and the board may |
| 239 | exercise, subject to the regulatory jurisdiction and permitting |
| 240 | authority of all applicable governmental bodies, agencies, and |
| 241 | special districts having authority with respect to any area |
| 242 | included therein, any or all of the following special powers |
| 243 | relating to public improvements and community facilities |
| 244 | authorized by this act: |
| 245 | (4)(a) To adopt rules necessary for the district to |
| 246 | enforce certain deed restrictions pertaining to the use and |
| 247 | operation of real property within the district and outside the |
| 248 | district if pursuant to an interlocal agreement under chapter |
| 249 | 163 if within another district or, if not within another |
| 250 | district, with the consent of the county or municipality in |
| 251 | which the deed restriction enforcement is proposed to occur. For |
| 252 | the purpose of this subsection, the term "deed restrictions" |
| 253 | means are those covenants, conditions, and restrictions, |
| 254 | compliance mechanisms, and enforcement remedies contained in any |
| 255 | applicable declarations of covenants and restrictions that |
| 256 | govern the use and operation of real property within the |
| 257 | district and, for which covenants, conditions, and restrictions, |
| 258 | there is no homeowners' association or property owner's |
| 259 | association having respective enforcement powers unless, with |
| 260 | respect to a homeowners' association whose board is under member |
| 261 | control, the association and the district agree in writing to |
| 262 | enforcement by the district. The district may adopt by rule all |
| 263 | or certain portions of the deed restrictions that: |
| 264 | 1. Relate to limitations, or prohibitions, compliance |
| 265 | mechanisms, or enforcement remedies that apply only to external |
| 266 | appearances or uses structures and are deemed by the district to |
| 267 | be generally beneficial for the district's landowners and for |
| 268 | which enforcement by the district is appropriate, as determined |
| 269 | by the district's board of supervisors; or |
| 270 | 2. Are consistent with the requirements of a development |
| 271 | order or regulatory agency permit. |
| 272 | (b) The board may vote to adopt such rules only when all |
| 273 | of the following conditions exist: |
| 274 | 1. The district's geographic area contains no homeowners' |
| 275 | associations as defined in s. 720.301(9); |
| 276 | 1.2. The district was in existence on the effective date |
| 277 | of this subsection, or is located within a development that |
| 278 | consists of multiple developments of regional impact and a |
| 279 | Florida Quality Development.; |
| 280 | 2.3. For residential districts, the majority of the board |
| 281 | has been elected by qualified electors pursuant to the |
| 282 | provisions of s. 190.006.; and |
| 283 | 3. For residential districts, less than 25 percent of |
| 284 | residential units are in a homeowners' association. |
| 285 | 4. The declarant in any applicable declarations of |
| 286 | covenants and restrictions has provided the board with a written |
| 287 | agreement that such rules may be adopted. A memorandum of the |
| 288 | agreement shall be recorded in the public records. |
| 289 | (c) Within 60 days after such rules take effect, the |
| 290 | district shall record a notice of rule adoption stating |
| 291 | generally what rules were adopted and where a copy of the rules |
| 292 | may be obtained. Districts may impose fines for violations of |
| 293 | such rules and enforce such rules and fines in circuit court |
| 294 | through injunctive relief. |
| 295 | (d) The owners of property located outside the boundary of |
| 296 | the district shall elect an advisor to the district board |
| 297 | pursuant to paragraph (e). The sole responsibilities of the |
| 298 | district board advisor are to review enforcement actions |
| 299 | proposed by the district board against properties located |
| 300 | outside the district and make recommendations relating to those |
| 301 | proposed actions. Before the district board may enforce its |
| 302 | rules against any owner of property located outside the |
| 303 | district, the district board shall request the district board |
| 304 | advisor to make a recommendation on the proposed enforcement |
| 305 | action. The district board advisor must render a recommendation |
| 306 | within 30 days after receiving a request from the district board |
| 307 | or is deemed to have no objection to the district board's |
| 308 | proposed decision or action. |
| 309 | (e)1. Whenever an interlocal agreement is entered into |
| 310 | pursuant to paragraph (a), a district board advisor seat shall |
| 311 | be created for one elected landowner whose property is within |
| 312 | the jurisdiction of the governmental entity entering into the |
| 313 | interlocal agreement but not within the boundaries of the |
| 314 | district. The district board advisor shall be elected by |
| 315 | landowners whose land is subject to enforcement by the district |
| 316 | but whose land is not within the boundaries of the district. The |
| 317 | district board advisor shall be elected for a 2-year term. The |
| 318 | first election for a district board advisor shall be within 90 |
| 319 | days after the effective date of the interlocal agreement |
| 320 | between the district and the government entity. |
| 321 | 2. The election of the district board advisor shall occur |
| 322 | at a meeting of eligible landowners. The district shall publish |
| 323 | notice of the meeting and election once a week for 2 consecutive |
| 324 | weeks in a newspaper of general circulation in the area of the |
| 325 | parties to the interlocal agreement. The notice must include |
| 326 | instructions on how all landowners may participate in the |
| 327 | election and how to obtain a proxy form. The last day of |
| 328 | publication may not be less than 14 days or more than 28 days |
| 329 | before the date of the election. The landowners, when assembled |
| 330 | at the meeting, shall organize by electing a chair who shall |
| 331 | conduct the meeting. The chair may be any person present at the |
| 332 | meeting. If the chair is a landowner or proxy holder of a |
| 333 | landowner, he or she may nominate candidates and make and second |
| 334 | motions. |
| 335 | 3. At the meeting, each landowner is entitled to cast one |
| 336 | vote per acre of land owned by him or her and located within the |
| 337 | district for each person to be elected. A landowner may vote in |
| 338 | person or by proxy in writing. Each proxy must be signed by one |
| 339 | of the legal owners of the property for which the vote is cast |
| 340 | and must contain the typed or printed name of the individual who |
| 341 | signed the proxy; the street address, legal description of the |
| 342 | property, or tax parcel identification number; and the number of |
| 343 | authorized votes. If the proxy authorizes more than one vote, |
| 344 | each property must be listed and the number of acres of each |
| 345 | property must be included. The signature on a proxy need not be |
| 346 | notarized. A fraction of an acre shall be treated as 1 acre, |
| 347 | entitling the landowner to one vote with respect thereto. For |
| 348 | purposes of determining voting interests, platted lots shall be |
| 349 | counted individually and rounded up to the nearest whole acre. |
| 350 | The acreage of platted lots may not be aggregated for purposes |
| 351 | of determining the number of voting units held by a landowner or |
| 352 | a landowner's proxy. |
| 353 | 4. If a vacancy occurs in the district advisor seat, a |
| 354 | special landowner election shall be held within 60 days after |
| 355 | the vacancy using the notice, proxy, and acreage voting |
| 356 | provisions of this subsection. |
| 357 | Section 10. Subsections (1) and (3) of section 190.046, |
| 358 | Florida Statutes, are amended to read: |
| 359 | 190.046 Termination, contraction, or expansion of |
| 360 | district.-- |
| 361 | (1) A landowner or the board may petition to contract or |
| 362 | expand the boundaries of a community development district in the |
| 363 | following manner: |
| 364 | (a) The petition shall contain the same information |
| 365 | required by s. 190.005(1)(a)1. and 8. In addition, if the |
| 366 | petitioner seeks to expand the district, the petition shall |
| 367 | describe the proposed timetable for construction of any district |
| 368 | services to the area, the estimated cost of constructing the |
| 369 | proposed services, and the designation of the future general |
| 370 | distribution, location, and extent of public and private uses of |
| 371 | land proposed for the area by the future land use plan element |
| 372 | of the adopted local government local comprehensive plan. If the |
| 373 | petitioner seeks to contract the district, the petition shall |
| 374 | describe what services and facilities are currently provided by |
| 375 | the district to the area being removed, and the designation of |
| 376 | the future general distribution, location, and extent of public |
| 377 | and private uses of land proposed for the area by the future |
| 378 | land element of the adopted local government comprehensive plan. |
| 379 | (b) For those districts initially established by county |
| 380 | ordinance, the petition for ordinance amendment shall be filed |
| 381 | with the county commission. If the land to be included or |
| 382 | excluded is, in whole or in part, within the boundaries of a |
| 383 | municipality, then the county commission shall not amend the |
| 384 | ordinance without municipal approval. A public hearing shall be |
| 385 | held in the same manner and with the same public notice as other |
| 386 | ordinance amendments. The county commission shall consider the |
| 387 | record of the public hearing and the factors set forth in s. |
| 388 | 190.005(1)(e) in making its determination to grant or deny the |
| 389 | petition for ordinance amendment. |
| 390 | (c) For those districts initially established by municipal |
| 391 | ordinance pursuant to s. 190.005(2)(e), the municipality shall |
| 392 | assume the duties of the county commission set forth in |
| 393 | paragraph (b); however, if any of the land to be included or |
| 394 | excluded, in whole or in part, is outside the boundaries of the |
| 395 | municipality, then the municipality shall not amend its |
| 396 | ordinance without county commission approval. |
| 397 | (d)1. For those districts initially established by |
| 398 | administrative rule pursuant to s. 190.005(1), the petition |
| 399 | shall be filed with the Florida Land and Water Adjudicatory |
| 400 | Commission. |
| 401 | 2. Prior to filing the petition, the petitioner shall pay |
| 402 | a filing fee of $1,500, to the county if the district or the |
| 403 | land to be added or deleted from the district is located within |
| 404 | an unincorporated area or to the municipality if the district or |
| 405 | the land to be added or deleted is located within an |
| 406 | incorporated area, and to each municipality the boundaries of |
| 407 | which are contiguous with or contain all or a portion of the |
| 408 | land within or to be added to or deleted from the external |
| 409 | boundaries of the district or the proposed amendment, and submit |
| 410 | a copy of the petition to the county and to each such |
| 411 | municipality. The petitioner shall submit a copy of the petition |
| 412 | to the same entities entitled to receive the filing fee. In |
| 413 | addition, if the district is not the petitioner, the petitioner |
| 414 | shall file the petition with the district board of supervisors. |
| 415 | 3. Each The county and each municipality shall have the |
| 416 | option of holding a public hearing as provided by s. |
| 417 | 190.005(1)(c). However, the such public hearing shall be limited |
| 418 | to consideration of the contents of the petition and whether the |
| 419 | petition for amendment should be supported by the county or |
| 420 | municipality. |
| 421 | 4. The district board of supervisors shall, in lieu of a |
| 422 | hearing officer, hold the local public hearing provided for by |
| 423 | s. 190.005(1)(d). This local public hearing shall be noticed in |
| 424 | the same manner as provided in s. 190.005(1)(d). Within 45 days |
| 425 | of the conclusion of the hearing, the district board of |
| 426 | supervisors shall transmit to the Florida Land and Water |
| 427 | Adjudicatory Commission the full record of the local hearing, |
| 428 | the transcript of the hearing, any resolutions adopted by the |
| 429 | local general-purpose governments, and its recommendation |
| 430 | whether to grant the petition for amendment. The commission |
| 431 | shall then proceed in accordance with s. 190.005(1)(e). |
| 432 | 5. A rule amending a district boundary shall describe the |
| 433 | land to be added or deleted. |
| 434 | (e) In all cases, written consent of all the landowners |
| 435 | whose land is to be added to or deleted from the district shall |
| 436 | be required. The filing of the petition for expansion or |
| 437 | contraction by the district board of supervisors shall |
| 438 | constitute consent of the landowners within the district other |
| 439 | than of landowners whose land is proposed to be added to or |
| 440 | removed from the district. |
| 441 | (e)(f)1. During the existence of a district initially |
| 442 | established by administrative rule, the process petitions to |
| 443 | amend the boundaries of the district pursuant to paragraphs (a)- |
| 444 | (d) (a)-(e) shall not permit be limited to a cumulative net |
| 445 | total greater of no more than 10 percent of the land in the |
| 446 | initial district, and in no event greater shall all such |
| 447 | petitions to amend the boundaries ever encompass more than a |
| 448 | total of 250 acres on a cumulative net basis. |
| 449 | 2. During the existence of a district For districts |
| 450 | initially established by county or municipal ordinance, the |
| 451 | process to amend the boundaries of the district pursuant to |
| 452 | paragraphs (a)-(d) limitation provided by this paragraph shall |
| 453 | not permit be a cumulative net total greater of no more than 50 |
| 454 | percent of the land in the initial district, and in no event |
| 455 | greater shall all such petitions to amend the boundaries ever |
| 456 | encompass more than a total of 500 acres on a cumulative net |
| 457 | basis. |
| 458 | 3. Boundary expansions for districts initially established |
| 459 | by county or municipal ordinance shall follow the procedure set |
| 460 | forth in paragraph (b) or paragraph (c). |
| 461 | (f)(g) Petitions to amend the boundaries of the district |
| 462 | that which exceed the amount of land specified in paragraph (e) |
| 463 | (f) shall be processed in accordance with s. 190.005, and the |
| 464 | petition shall include only the elements set forth in s. |
| 465 | 190.005(1)(a)1. and 5.-8. and the consent required by paragraph |
| 466 | (g) considered petitions to establish a new district and shall |
| 467 | follow all of the procedures specified in s. 190.005. However, |
| 468 | the resulting administrative rule or ordinance may only amend |
| 469 | the boundaries of the district and may not establish a new |
| 470 | district or cause a new 6-year or 10-year period to begin |
| 471 | pursuant to s. 190.006(3)(a)2. The filing fee for such |
| 472 | petitions shall be as set forth in s. 190.005(1)(b) and (2), as |
| 473 | applicable. |
| 474 | (g) In all cases of a petition to amend the boundaries of |
| 475 | a district, the filing of the petition by the district board of |
| 476 | supervisors constitutes consent of the landowners within the |
| 477 | district. In all cases, written consent of those landowners |
| 478 | whose land is to be added to or deleted from the district as |
| 479 | provided in s. 190.005(1)(a)2. is required. |
| 480 | (3) The district may merge with other community |
| 481 | development districts upon filing a petition for merger, which |
| 482 | petition shall include the elements set forth in s. 190.005(1) |
| 483 | and which shall be evaluated using the criteria set forth in s. |
| 484 | 190.005(1)(e). The filing fee shall be as set forth in s. |
| 485 | 190.005(1)(b). In addition, the petition shall state whether a |
| 486 | new district is to be established or whether one district shall |
| 487 | be the surviving district. The district establishment of a |
| 488 | community development district pursuant to s. 190.005 or may |
| 489 | merge with any other special districts upon filing a petition |
| 490 | for establishment of a community development district pursuant |
| 491 | to s. 190.005. The government formed by a merger involving a |
| 492 | community development district pursuant to this section shall |
| 493 | assume all indebtedness of, and receive title to, all property |
| 494 | owned by the preexisting special districts, and the rights of |
| 495 | creditors and liens upon property shall not be impaired by such |
| 496 | merger. Any claim existing or action or proceeding pending by or |
| 497 | against any district that is a party to the merger may be |
| 498 | continued as if the merger had not occurred, or the surviving |
| 499 | district may be substituted in the proceeding for the district |
| 500 | that ceased to exist. Prior to filing the said petition, the |
| 501 | districts desiring to merge shall enter into a merger agreement |
| 502 | and shall provide for the proper allocation of the indebtedness |
| 503 | so assumed and the manner in which such said debt shall be |
| 504 | retired. The approval of the merger agreement and the petition |
| 505 | by the board of supervisors elected by the electors of the |
| 506 | district shall constitute consent of the landowners within the |
| 507 | district. |
| 508 | Section 11. This act shall take effect July 1, 2009. |