Florida Senate - 2010                                    SB 1990
       By Senator Baker
       20-01481-10                                           20101990__
    1                        A bill to be entitled                      
    2         An act relating to powers of community development
    3         districts; amending s. 190.011, F.S.; revising general
    4         powers of community development districts; amending s.
    5         190.012, F.S.; revising special powers of community
    6         development districts; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsection (5), paragraph (a) of subsection (7),
   11  and subsections (11) and (15) of section 190.011, Florida
   12  Statutes, are amended to read:
   13         190.011 General powers.—The district shall have, and the
   14  board may exercise, the following powers:
   15         (5) To adopt rules and orders pursuant to the provisions of
   16  chapter 120 prescribing the powers, duties, and functions of the
   17  officers of the district; the conduct of the business of the
   18  district; the maintenance of records; and the form of
   19  certificates evidencing tax liens and all other documents and
   20  records of the district. The board may also adopt administrative
   21  rules with respect to any of the projects of the district and
   22  define the area to be included therein and enforce such rules
   23  pursuant to s. 190.041. The board may also adopt resolutions
   24  which may be necessary for the conduct of district business.
   25         (7)(a) To hold, control, and acquire by donation, purchase,
   26  or eminent domain condemnation, or dispose of, any public
   27  easements, dedications to public use, platted reservations for
   28  public purposes, or any reservations for those purposes
   29  authorized by this act and to make use of such easements,
   30  dedications, or reservations for any of the purposes authorized
   31  by this act.
   32         (11) To exercise within the district, or beyond the
   33  district with prior approval by resolution of the governing body
   34  of the county if the taking will occur in an unincorporated area
   35  or with prior approval by resolution of the governing body of
   36  the municipality if the taking will occur within a municipality,
   37  the right and power of eminent domain, pursuant to the
   38  provisions of chapters 73 and 74, over any property within the
   39  state, except municipal, county, state, and federal property,
   40  for the uses and purposes of the district relating solely to
   41  water, sewer, district roads, and water management systems, and
   42  any other purpose or activity authorized by law, specifically
   43  including, without limitation, the power for the taking of
   44  easements for the drainage of the land of one person over and
   45  through the land of another.
   46         (15) To exercise all of the powers necessary, convenient,
   47  incidental, or proper in connection with any of the powers,
   48  duties, or purposes authorized by this act and to enforce
   49  pursuant to s. 190.041 such powers and rules adopted by the
   50  district under such powers.
   51         Section 2. Section 190.012, Florida Statutes, is amended to
   52  read:
   53         190.012 Special powers; public improvements and community
   54  facilities.—The district shall have, and the board may exercise,
   55  subject to the regulatory jurisdiction and permitting authority
   56  of all applicable governmental bodies, agencies, and special
   57  districts having authority with respect to any area included
   58  therein, any or all of the following special powers relating to
   59  public improvements, and community facilities, and any other
   60  matters and activities authorized by this act:
   61         (1) To finance, fund, plan, establish, acquire, construct
   62  or reconstruct, enlarge or extend, equip, operate, and maintain
   63  systems, facilities, and basic infrastructures for the
   64  following:
   65         (a) Water management and control for the lands within the
   66  district and to connect some or any of such facilities with
   67  roads and bridges.
   68         (b) Water supply, sewer, and wastewater management,
   69  reclamation, and reuse or any combination thereof, and to
   70  construct and operate connecting intercepting or outlet sewers
   71  and sewer mains and pipes and water mains, conduits, or
   72  pipelines in, along, and under any street, alley, highway, or
   73  other public place or ways, and to dispose of any effluent,
   74  residue, or other byproducts of such system or sewer system.
   75         (c) Bridges or culverts that may be needed across any
   76  drain, ditch, canal, floodway, holding basin, excavation, public
   77  highway, tract, grade, fill, or cut and roadways over levees and
   78  embankments, and to construct any and all of such works and
   79  improvements across, through, or over any public right-of-way,
   80  highway, grade, fill, or cut.
   81         (d)1. District roads equal to or exceeding the applicable
   82  specifications of the county in which such district roads are
   83  located; roads and improvements to existing public roads that
   84  are owned by or conveyed to the local general-purpose
   85  government, the state, or the Federal Government; street lights;
   86  alleys; landscaping; hardscaping; and the undergrounding of
   87  electric utility lines. Districts may request the underground
   88  placement of utility lines by the local retail electric utility
   89  provider in accordance with the utility’s tariff on file with
   90  the Public Service Commission and may finance the required
   91  contribution.
   92         2. Buses, trolleys, transit shelters, ridesharing
   93  facilities and services, parking improvements, and related
   94  signage.
   95         (e) Investigation and remediation costs associated with the
   96  cleanup of actual or perceived environmental contamination
   97  within the district under the supervision or direction of a
   98  competent governmental authority unless the covered costs
   99  benefit any person who is a landowner within the district and
  100  who caused or contributed to the contamination.
  101         (f) Conservation areas, mitigation areas, and wildlife
  102  habitat, including the maintenance of any plant or animal
  103  species, and any related interest in real or personal property.
  104         (g) Any other project within or without the boundaries of a
  105  district when a local government issued a development order
  106  pursuant to s. 380.06 or s. 380.061 approving or expressly
  107  requiring the construction or funding of the project by the
  108  district, or when the project is the subject of an agreement
  109  between the district and a governmental entity and is consistent
  110  with the local government comprehensive plan of the local
  111  government within which the project is to be located.
  112         (h) Any other project, facility, or service required by a
  113  development approval, interlocal agreement, zoning condition, or
  114  permit issued by a governmental authority with jurisdiction in
  115  the district.
  116         (2) After the local general-purpose government within the
  117  jurisdiction of which a power specified in this subsection is to
  118  be exercised consents to the exercise of such power by the
  119  district, the district shall have the power to plan, establish,
  120  acquire, construct or reconstruct, enlarge or extend, equip,
  121  operate, and maintain additional systems and facilities for:
  122         (a) Parks and facilities for indoor and outdoor
  123  recreational, cultural, and educational uses.
  124         (b) Fire prevention and control, including fire stations,
  125  water mains and plugs, fire trucks, and other vehicles and
  126  equipment.
  127         (c) School buildings and related structures and site
  128  improvements, which may be leased, sold, or donated to the
  129  school district, for use in the educational system when
  130  authorized by the district school board.
  131         (d) Security, including, but not limited to, guardhouses,
  132  fences and gates, electronic intrusion-detection systems, and
  133  patrol cars, when authorized by proper governmental agencies;
  134  except that the district may not exercise any law enforcement
  135  police power, but may contract with the appropriate local
  136  general-purpose government agencies for an increased level of
  137  such services within the district boundaries.
  138         (e) Control and elimination of mosquitoes and other
  139  arthropods of public health importance.
  140         (f) Waste collection and disposal.
  141         (3) To adopt pursuant to chapter 120 and enforce pursuant
  142  to s. 190.041 appropriate rules following the procedures of
  143  chapter 120, in connection with the provision of one or more
  144  services through its systems and facilities or powers authorized
  145  by law.
  146         (4)(a) To adopt rules necessary for the district to enforce
  147  certain deed restrictions pertaining to the use and operation of
  148  real property within the district and outside the district
  149  pursuant to an interlocal agreement under chapter 163 if within
  150  another district or, if not within another district, with the
  151  consent of the county or municipality in which the deed
  152  restriction enforcement is proposed to occur. For the purpose of
  153  this subsection, the term “deed restrictions” means those
  154  covenants, conditions, restrictions, compliance mechanisms, and
  155  enforcement remedies contained in any applicable declarations of
  156  covenants and restrictions that govern the use and operation of
  157  real property and, for which covenants, conditions, and
  158  restrictions, there is no homeowners’ association or property
  159  owner’s association having respective enforcement powers unless,
  160  with respect to a homeowners’ association whose board is under
  161  member control, the association and the district agree in
  162  writing to enforcement by the district. The district may adopt
  163  by rule all or certain portions of the deed restrictions that:
  164         1. Relate to limitations, prohibitions, compliance
  165  mechanisms, or enforcement remedies that apply only to external
  166  appearances or uses and are deemed by the district to be
  167  generally beneficial for the district’s landowners and for which
  168  enforcement by the district is appropriate, as determined by the
  169  district’s board of supervisors; or
  170         2. Are consistent with the requirements of a development
  171  order or regulatory agency permit.
  172         (b) The board may vote to adopt such rules only when all of
  173  the following conditions exist:
  174         1. The district was in existence on the effective date of
  175  this subsection, or is located within a development that
  176  consists of multiple developments of regional impact and a
  177  Florida Quality Development.
  178         2. For residential districts, the majority of the board has
  179  been elected by qualified electors pursuant to the provisions of
  180  s. 190.006.
  181         3. For residential districts, less than 25 percent of
  182  residential units are in a homeowners’ association.
  183         4. The declarant in any applicable declarations of
  184  covenants and restrictions has provided the board with a written
  185  agreement that such rules may be adopted. A memorandum of the
  186  agreement shall be recorded in the public records.
  187         (c) Within 60 days after such rules take effect, the
  188  district shall record a notice of rule adoption stating
  189  generally what rules were adopted and where a copy of the rules
  190  may be obtained. Districts may impose fines for violations of
  191  such rules and enforce such rules and fines in circuit court
  192  through injunctive relief.
  193         (d) The owners of property located outside the boundary of
  194  the district shall elect an advisor to the district board
  195  pursuant to paragraph (e). The sole responsibilities of the
  196  district board advisor are to review enforcement actions
  197  proposed by the district board against properties located
  198  outside the district and make recommendations relating to those
  199  proposed actions. Before the district board may enforce its
  200  rules against any owner of property located outside the
  201  district, the district board shall request the district board
  202  advisor to make a recommendation on the proposed enforcement
  203  action. The district board advisor must render a recommendation
  204  within 30 days after receiving a request from the district board
  205  or is deemed to have no objection to the district board’s
  206  proposed decision or action.
  207         (e)1. Whenever an interlocal agreement is entered into
  208  pursuant to paragraph (a), a district board advisor seat shall
  209  be created for one elected landowner whose property is within
  210  the jurisdiction of the governmental entity entering into the
  211  interlocal agreement but not within the boundaries of the
  212  district. The district board advisor shall be elected by
  213  landowners whose land is subject to enforcement by the district
  214  but whose land is not within the boundaries of the district. The
  215  district board advisor shall be elected for a 2-year term. The
  216  first election for a district board advisor shall be within 90
  217  days after the effective date of the interlocal agreement
  218  between the district and the government entity.
  219         2. The election of the district board advisor shall occur
  220  at a meeting of eligible landowners. The district shall publish
  221  notice of the meeting and election once a week for 2 consecutive
  222  weeks in a newspaper of general circulation in the area of the
  223  parties to the interlocal agreement. The notice must include
  224  instructions on how all landowners may participate in the
  225  election and how to obtain a proxy form. The last day of
  226  publication may not be less than 14 days or more than 28 days
  227  before the date of the election. The landowners, when assembled
  228  at the meeting, shall organize by electing a chair who shall
  229  conduct the meeting. The chair may be any person present at the
  230  meeting. If the chair is a landowner or proxy holder of a
  231  landowner, he or she may nominate candidates and make and second
  232  motions.
  233         3. At the meeting, each landowner is entitled to cast one
  234  vote per acre of land owned by him or her and located within the
  235  district for each person to be elected. A landowner may vote in
  236  person or by proxy in writing. Each proxy must be signed by one
  237  of the legal owners of the property for which the vote is cast
  238  and must contain the typed or printed name of the individual who
  239  signed the proxy; the street address, legal description of the
  240  property, or tax parcel identification number; and the number of
  241  authorized votes. If the proxy authorizes more than one vote,
  242  each property must be listed and the number of acres of each
  243  property must be included. The signature on a proxy need not be
  244  notarized. A fraction of an acre shall be treated as 1 acre,
  245  entitling the landowner to one vote with respect thereto. For
  246  purposes of determining voting interests, platted lots shall be
  247  counted individually and rounded up to the nearest whole acre.
  248  The acreage of platted lots may not be aggregated for purposes
  249  of determining the number of voting units held by a landowner or
  250  a landowner’s proxy.
  251         4. If a vacancy occurs in the district advisor seat, a
  252  special landowner election shall be held within 60 days after
  253  the vacancy using the notice, proxy, and acreage voting
  254  provisions of this subsection.
  255         Section 3. This act shall take effect July 1, 2010.