Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 582
       
       
       
       
       
       
                                Barcode 238530                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/05/2011           .                                
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       The Committee on Community Affairs (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (2) of section
    6  163.2511, Florida Statutes, is amended to read:
    7         163.2511 Urban infill and redevelopment.—
    8         (2) It is declared that:
    9         (d) State urban policies should guide the state, regional
   10  agencies, local governments, and the private sector in
   11  preserving and redeveloping existing urban cores and promoting
   12  the adequate provision of infrastructure, human services,
   13  neighborhood improvement safe neighborhoods, educational
   14  facilities, and economic development to sustain these cores into
   15  the future.
   16         Section 2. Paragraph (c) of subsection (3) of section
   17  163.2517, Florida Statutes, is amended to read:
   18         163.2517 Designation of urban infill and redevelopment
   19  area.—
   20         (3) A local government seeking to designate a geographic
   21  area within its jurisdiction as an urban infill and
   22  redevelopment area shall prepare a plan that describes the
   23  infill and redevelopment objectives of the local government
   24  within the proposed area. In lieu of preparing a new plan, the
   25  local government may demonstrate that an existing plan or
   26  combination of plans associated with a community redevelopment
   27  area, Florida Main Street program, Front Porch Florida
   28  Community, sustainable community, enterprise zone, or
   29  neighborhood improvement district includes the factors listed in
   30  paragraphs (a)-(n), including a collaborative and holistic
   31  community participation process, or amend such existing plans to
   32  include these factors. The plan shall demonstrate the local
   33  government and community’s commitment to comprehensively address
   34  the urban problems within the urban infill and redevelopment
   35  area and identify activities and programs to accomplish locally
   36  identified goals such as code enforcement; improved educational
   37  opportunities; reduction in crime; neighborhood revitalization
   38  and preservation; provision of infrastructure needs, including
   39  mass transit and multimodal linkages; and mixed-use planning to
   40  promote multifunctional redevelopment to improve both the
   41  residential and commercial quality of life in the area. The plan
   42  shall also:
   43         (c) Identify and map existing enterprise zones, community
   44  redevelopment areas, community development corporations,
   45  brownfield areas, downtown redevelopment districts, safe
   46  neighborhood improvement districts, historic preservation
   47  districts, and empowerment zones or enterprise communities
   48  located within the area proposed for designation as an urban
   49  infill and redevelopment area and provide a framework for
   50  coordinating infill and redevelopment programs within the urban
   51  core.
   52         Section 3. Paragraph (a) of subsection (6) of section
   53  163.3182, Florida Statutes, is amended to read:
   54         163.3182 Transportation deficiencies.—
   55         (6) EXEMPTIONS.—
   56         (a) The following public bodies or taxing authorities are
   57  exempt from this section:
   58         1. A special district that levies ad valorem taxes on
   59  taxable real property in more than one county.
   60         2. A special district for which the sole available source
   61  of revenue is the authority to levy ad valorem taxes at the time
   62  an ordinance is adopted under this section. However, revenues or
   63  aid that may be dispensed or appropriated to a district as
   64  defined in s. 388.011 at the discretion of an entity other than
   65  such district are not deemed available.
   66         3. A library district.
   67         4. A neighborhood improvement district created under the
   68  Safe Neighborhoods Improvement Act.
   69         5. A metropolitan transportation authority.
   70         6. A water management district created under s. 373.069.
   71         7. A community redevelopment agency.
   72         Section 4. Paragraph (e) of subsection (2) of section
   73  163.3246, Florida Statutes, is amended to read:
   74         163.3246 Local government comprehensive planning
   75  certification program.—
   76         (2) In order to be eligible for certification under the
   77  program, the local government must:
   78         (e) Demonstrate that it has adopted programs in its local
   79  comprehensive plan and land development regulations which:
   80         1. Promote infill development and redevelopment, including
   81  prioritized and timely permitting processes in which
   82  applications for local development permits within the
   83  certification area are acted upon expeditiously for proposed
   84  development that is consistent with the local comprehensive
   85  plan.
   86         2. Promote the development of housing for low-income and
   87  very-low-income households or specialized housing to assist
   88  elderly and disabled persons to remain at home or in independent
   89  living arrangements.
   90         3. Achieve effective intergovernmental coordination and
   91  address the extrajurisdictional effects of development within
   92  the certified area.
   93         4. Promote economic diversity and growth while encouraging
   94  the retention of rural character, where rural areas exist, and
   95  the protection and restoration of the environment.
   96         5. Provide and maintain public urban and rural open space
   97  and recreational opportunities.
   98         6. Manage transportation and land uses to support public
   99  transit and promote opportunities for pedestrian and
  100  nonmotorized transportation.
  101         7. Use design principles to foster individual community
  102  identity, create a sense of place, and promote pedestrian
  103  oriented safe neighborhoods and town centers.
  104         8. Redevelop blighted areas.
  105         9. Adopt a local mitigation strategy and have programs to
  106  improve disaster preparedness and the ability to protect lives
  107  and property, especially in coastal high-hazard areas.
  108         10. Encourage clustered, mixed-use development that
  109  incorporates greenspace and residential development within
  110  walking distance of commercial development.
  111         11. Encourage urban infill at appropriate densities and
  112  intensities and separate urban and rural uses and discourage
  113  urban sprawl while preserving public open space and planning for
  114  buffer-type land uses and rural development consistent with
  115  their respective character along and outside the certification
  116  area.
  117         12. Assure protection of key natural areas and agricultural
  118  lands that are identified using state and local inventories of
  119  natural areas. Key natural areas include, but are not limited
  120  to:
  121         a. Wildlife corridors.
  122         b. Lands with high native biological diversity, important
  123  areas for threatened and endangered species, species of special
  124  concern, migratory bird habitat, and intact natural communities.
  125         c. Significant surface waters and springs, aquatic
  126  preserves, wetlands, and outstanding Florida waters.
  127         d. Water resources suitable for preservation of natural
  128  systems and for water resource development.
  129         e. Representative and rare native Florida natural systems.
  130         13. Ensure the cost-efficient provision of public
  131  infrastructure and services.
  132         Section 5. Paragraph (c) of subsection (2) of section
  133  163.387, Florida Statutes, is amended to read:
  134         163.387 Redevelopment trust fund.—
  135         (2)
  136         (c) The following public bodies or taxing authorities are
  137  exempt from paragraph (a):
  138         1. A special district that levies ad valorem taxes on
  139  taxable real property in more than one county.
  140         2. A special district for which the sole available source
  141  of revenue the district has the authority to levy is ad valorem
  142  taxes at the time an ordinance is adopted under this section.
  143  However, revenues or aid that may be dispensed or appropriated
  144  to a district as defined in s. 388.011 at the discretion of an
  145  entity other than such district shall not be deemed available.
  146         3. A library district, except a library district in a
  147  jurisdiction where the community redevelopment agency had
  148  validated bonds as of April 30, 1984.
  149         4. A neighborhood improvement district created under the
  150  Safe Neighborhoods Improvement Act.
  151         5. A metropolitan transportation authority.
  152         6. A water management district created under s. 373.069.
  153         Section 6. Section 163.501, Florida Statutes, is amended to
  154  read:
  155         163.501 Short title.—This part may be cited as the “Safe
  156  Neighborhoods Improvement Act.”
  157         Section 7. Section 163.502, Florida Statutes, is amended to
  158  read:
  159         163.502 Safe Neighborhoods improvement; legislative
  160  findings and purpose.—
  161         (1) The Legislature hereby finds and declares that among
  162  the many causes of deterioration in the business and residential
  163  neighborhoods of the state are the following: proliferation of
  164  crime, automobile traffic flow strangled by outmoded street
  165  patterns, unsuitable topography, faulty lot layouts,
  166  fragmentation of land uses and parking areas necessitating
  167  frequent automobile movement, lack of separation of pedestrian
  168  areas from automobile traffic, lack of separation of vehicle
  169  traffic lanes and railroad traffic, and excessive noise levels
  170  from automobile traffic, and lack of adequate public
  171  improvements such as streets, street lights, street furniture,
  172  street landscaping, sidewalks, traffic signals, way-finding
  173  signs, mass transit, stormwater systems, and other public
  174  utilities and improvements.
  175         (2) The Legislature further finds and declares that healthy
  176  and vibrant safe neighborhoods are the product of planning and
  177  implementation of appropriate environmental design concepts,
  178  comprehensive planning crime prevention programs, land use
  179  recommendations, and beautification techniques.
  180         (3) The Legislature further finds and declares that the
  181  provisions of this part and the powers granted to local
  182  governments, property owners’ associations, special dependent
  183  districts, and community redevelopment neighborhood improvement
  184  districts are desirable to guide and accomplish the coordinated,
  185  balanced, and harmonious development of healthy and vibrant safe
  186  neighborhoods; to promote the health, safety, and general
  187  welfare of these areas and their inhabitants, visitors, property
  188  owners, and workers; to establish, maintain, and preserve
  189  property values and preserve and foster the development of
  190  attractive neighborhood and business environments; to prevent
  191  overcrowding and congestion; and to improve or redirect
  192  automobile traffic and provide pedestrian safety; to reduce
  193  crime rates and the opportunities for the commission of crime;
  194  and to provide improvements in neighborhoods so they are
  195  defensible against crime.
  196         (4) It is the intent of the Legislature to assist local
  197  governments in implementing plans that improve the employ crime
  198  prevention through community policing innovations, environmental
  199  design, environmental security, and defensible space techniques
  200  to establish safe neighborhoods of this state. The Legislature,
  201  therefore, declares that the development, redevelopment,
  202  preservation, and revitalization of neighborhoods in this state,
  203  and all the purposes of this part, are public purposes for which
  204  public money may be borrowed, expended, loaned, and granted.
  205         Section 8. Section 163.503, Florida Statutes, is amended to
  206  read:
  207         163.503 Safe neighborhoods; Definitions.—
  208         (1) “Safe Neighborhood improvement district,” “district,”
  209  or “neighborhood improvement district” means a district located
  210  in an area in which more than 75 percent of the land is used for
  211  residential purposes, or in an area in which more than 75
  212  percent of the land is used for commercial, office, business, or
  213  industrial purposes, excluding the land area used for public
  214  facilities, and where there is a plan to reduce crime through
  215  the implementation of crime prevention through environmental
  216  design, environmental security, or defensible space techniques,
  217  or through community policing innovations. Nothing in This
  218  section does not shall preclude the inclusion of public land in
  219  a neighborhood improvement district although the amount of land
  220  used for public facilities is excluded from the land use acreage
  221  calculations.
  222         (2) “Association” means a property owners’ association
  223  which is incorporated for the purpose of creating and operating
  224  a neighborhood improvement district.
  225         (3) “Department” means the Department of Legal Affairs.
  226         (4) “Board” means the board of directors of a neighborhood
  227  improvement district, which may be the governing body of a
  228  municipality or county or the officers of a property owners’
  229  association or the board of directors of a special neighborhood
  230  improvement district or community redevelopment neighborhood
  231  improvement district.
  232         (5) “Environmental security” means an urban planning and
  233  design process which integrates crime prevention with
  234  neighborhood design and community development.
  235         (6) “Crime prevention through environmental design” means
  236  the planned use of environmental design concepts such as natural
  237  access control, natural surveillance, and territorial
  238  reinforcement in a neighborhood or community setting which is
  239  designed to reduce criminal opportunity and foster positive
  240  social interaction among the legitimate users of that setting.
  241         (7) “Defensible space” means an architectural perspective
  242  on crime prevention through physical design of the environment
  243  to create the ability to monitor and control the environment
  244  along individual perceived zones of territorial influence that
  245  result in a proprietary interest and a felt responsibility.
  246         (8) “Enterprise zone” means an area designated pursuant to
  247  s. 290.0065.
  248         (9) “Community policing innovation” means techniques or
  249  strategies as defined by s. 163.340.
  250         Section 9. Section 163.5035, Florida Statutes, is amended
  251  to read:
  252         163.5035 Safe Neighborhood improvement districts;
  253  compliance with special district provisions.—Any special
  254  district created pursuant to this part shall comply with all
  255  applicable provisions contained in chapter 189. In cases where a
  256  provision contained in this part conflicts with a provision in
  257  chapter 189, the provision in chapter 189 shall prevail.
  258         Section 10. Section 163.504, Florida Statutes, is amended
  259  to read:
  260         163.504 Safe Neighborhood improvement districts; planning
  261  funds.—
  262         (1) The governing body of any municipality or county may
  263  authorize the formation of safe neighborhood improvement
  264  districts through the adoption of an a planning ordinance that
  265  which specifies that such districts may be created by one or
  266  more of the methods established in ss. 163.506, 163.508,
  267  163.511, and 163.512. A No district may not overlap the
  268  jurisdictional boundaries of a municipality and the
  269  unincorporated area of a county, unless approved except by
  270  interlocal agreement.
  271         (2) If the governing body of a municipality or county
  272  elects to create a safe neighborhood improvement district, it
  273  shall be eligible to request a grant from the Safe Neighborhoods
  274  Program, created pursuant to s. 163.517 and administered by the
  275  Department of Legal Affairs, to prepare a safe neighborhood
  276  improvement plan for the district.
  277         (3) Municipalities and counties may implement the
  278  provisions of this section without planning funds from the
  279  Department of Legal Affairs. However, nothing in this section
  280  shall be construed to exempt any district from the requirements
  281  of providing a safe neighborhood improvement plan pursuant to s.
  282  163.516.
  283         Section 11. Section 163.5055, Florida Statutes, is amended
  284  to read:
  285         163.5055 Notice Registration of district establishment;
  286  notice of dissolution.—
  287         (1)(a) Each neighborhood improvement district authorized
  288  and established under this part shall within 30 days thereof
  289  notify register with both the Department of Economic Opportunity
  290  Community Affairs and the Department of Legal Affairs by
  291  providing these departments with the district’s name, location,
  292  size, and type, and such other information as the departments
  293  may request require.
  294         (2)(b) Each local governing body that which authorizes the
  295  dissolution of a district shall notify both the Department of
  296  Economic Opportunity Community Affairs and the Department of
  297  Legal Affairs within 30 days after the dissolution of the
  298  district.
  299         (2) This section shall apply to all neighborhood
  300  improvement districts established on or after July 1, 1987.
  301         Section 12. Section 163.506, Florida Statutes, is amended
  302  to read:
  303         163.506 Local government neighborhood improvement
  304  districts; creation; advisory council; dissolution.—
  305         (1) After an a local planning ordinance has been adopted
  306  authorizing the creation of local government neighborhood
  307  improvement districts, the local governing body of a
  308  municipality or county may create local government neighborhood
  309  improvement districts by the enactment of a separate ordinance
  310  for each district, which ordinance:
  311         (a) Specifies the boundaries, size, and name of the
  312  district.
  313         (b) Authorizes the district to receive grants a planning
  314  grant from the department.
  315         (c) Authorizes the local government neighborhood
  316  improvement district to levy an ad valorem tax on real and
  317  personal property of up to 2 mills annually.
  318         (d) Authorizes the use of special assessments to support
  319  planning and implementation of district improvements pursuant to
  320  the provisions of s. 163.514(16), if the district is a
  321  residential local government neighborhood improvement district
  322  including community policing innovations.
  323         (e) Designates the local governing body as the board of
  324  directors of the district.
  325         (f) Establishes an advisory council to the board of
  326  directors comprised of property owners, representatives of
  327  property owners, business owners, or residents of the district.
  328         (g) May prohibit the use of any district power authorized
  329  by s. 163.514.
  330         (h) Requires the district to notify the Department of Legal
  331  Affairs and the Department of Economic Opportunity Community
  332  Affairs in writing of its establishment within 30 days thereof
  333  pursuant to s. 163.5055.
  334         (i) Authorizes the district to borrow money, contract
  335  loans, and issue bonds, certificates, warrants, notes, or other
  336  evidence of indebtedness from time to time to finance the
  337  undertaking of any capital or other project for the purposes
  338  permitted by the State Constitution and this part and may pledge
  339  the funds, credit, property, and taxing power of the improvement
  340  district for the payment of such debts and bonds.
  341         1. Bonds issued under this part shall be authorized by
  342  resolution of the governing board of the district and, if
  343  required by the State Constitution, by affirmative vote of the
  344  electors of the district. Such bonds may be issued in one or
  345  more series and shall bear such date or dates, be payable upon
  346  demand or mature at such time or times, bear interest at such
  347  rate or rates, be in such denomination or denominations, be in
  348  such form, registered or not, with or without coupon, carry such
  349  conversion or registration privileges, have such rank or
  350  priority, be executed in such manner, be payable in such medium
  351  of payment, at such place or places, and subject to such terms
  352  of redemption, with or without premium, be secured in such
  353  manner, and have such other characteristics as may be provided
  354  by such resolution or trust indenture or mortgage issued
  355  pursuant thereto.
  356         2. The governing body of the district shall determine the
  357  terms and manner of sale and distribution or other disposition
  358  of any and all bonds it may issue, consistent with s. 218.385,
  359  and shall have any and all powers necessary and convenient to
  360  such disposition.
  361         3. The governing body of the district may establish and
  362  administer such sinking funds as it deems necessary or
  363  convenient for the payment, purchase, or redemption of any
  364  outstanding bonded indebtedness of the district.
  365         4. The governing body of the improvement district may levy
  366  ad valorem taxes upon real and tangible personal property within
  367  the district as it deems necessary to make payment, including
  368  principal and interest, upon the general obligation and ad
  369  valorem bonded indebtedness of the district or into any sinking
  370  fund created pursuant to this part.
  371         5. This part shall be full authority for the issuance of
  372  bonds authorized herein.
  373         (j) Authorizes the district to make and collect special
  374  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  375  capital improvements within the district and for reasonable
  376  expenses of operating the district, including the payment of
  377  expenses included in the district’s budget, if the district is a
  378  commercial local government neighborhood improvement district.
  379  Such assessments may not exceed $1,500 for each individual
  380  parcel of land per year.
  381         (k) Authorizes the district to charge, collect, and enforce
  382  fees and other user charges.
  383         (l) Conditions the exercise of the powers provided in
  384  paragraphs (c), (i), and (j) on approval pursuant to a
  385  referendum as described in this paragraph:
  386         1. Within 45 days after the date the governing body of the
  387  municipality or county enacts an ordinance pursuant to this
  388  subsection defining the boundaries of the proposed improvement
  389  district, the city clerk or the supervisor of elections,
  390  whichever is appropriate, shall certify such ordinance or
  391  petition and compile a list of the names and last known
  392  addresses of the freeholders in the proposed local government
  393  neighborhood improvement district from the tax assessment roll
  394  of the county applicable as of December 31 in the year preceding
  395  the year in which the ordinance was enacted. Except as otherwise
  396  provided in this paragraph, the list shall constitute the
  397  registration list for the purposes of the freeholders’
  398  referendum required under this paragraph.
  399         2. Within 45 days after compilation of the freeholders’
  400  registration list pursuant to subparagraph 1., the city clerk or
  401  the supervisor of elections shall notify each such freeholder of
  402  the general provisions of this paragraph, including the taxing
  403  authority and the date of the upcoming referendum, and the
  404  method provided for submitting corrections to the registration
  405  list if the status of the freeholder has changed since the
  406  compilation of the tax rolls. Notification shall be by first
  407  class United States mail and, in addition thereto, by
  408  publication one time in a newspaper of general circulation in
  409  the county or municipality in which the district is located.
  410         3. Any freeholder whose name does not appear on the tax
  411  rolls compiled pursuant to subparagraph 1. may register to vote
  412  with the city clerk or the supervisor of elections. The
  413  registration list shall remain open for 75 days after enactment
  414  of the ordinance defining the local government neighborhood
  415  improvement district.
  416         4. Within 15 days after the closing of the registration
  417  list, the city clerk or the supervisor of elections shall send a
  418  ballot to each registered freeholder at his or her last known
  419  mailing address by first-class United States mail. The ballot
  420  shall include:
  421         a. A description of the general provisions of this
  422  paragraph applicable to local government neighborhood
  423  improvement districts;
  424         b. The assessed value of the freeholder’s property;
  425         c. The percent of the freeholder’s interest in such
  426  property; and
  427         d. Immediately following the information required in sub
  428  subparagraphs a.-c., the following:
  429  
  430         “Do you favor authorizing the .... Local Government
  431  Neighborhood Improvement District to levy up to 2 mills of ad
  432  valorem taxes by such proposed district?
  433  
  434         ....Yes, for authorizing the levy of up to 2 mills of ad
  435  valorem taxes by such proposed district.
  436  
  437         ....No, against authorizing the levy of up to 2 mills of ad
  438  valorem taxes by such proposed district.”
  439  
  440         “Do you favor authorizing the .... Local Government
  441  Neighborhood Improvement District to borrow money, including the
  442  issuance of bonds, as provided by s. 163.506(1)(i)?
  443  
  444         ....Yes, for authorizing the borrowing of money for
  445  district purposes.
  446  
  447         ....No, against authorizing the borrowing of money for
  448  district purposes.”
  449  
  450         “Do you favor authorizing the .... Local Government
  451  Neighborhood Improvement District to impose a special assessment
  452  of not greater than $1,500 for each individual parcel of land
  453  per year to pay for the expenses of operating the neighborhood
  454  improvement district and for approved capital improvements?
  455  
  456         ....Yes, for the special assessment.
  457  
  458         ....No, against the special assessment.”
  459  
  460         5. Ballots shall be returned by first-class United States
  461  mail or by personal delivery.
  462         6. All ballots received within 120 days after enactment of
  463  the ordinance shall be tabulated by the city clerk or the
  464  supervisor of elections, who shall certify the results thereof
  465  to the city council or county commission no later than 5 days
  466  after the 120-day period.
  467         7. The freeholders shall be deemed to have approved of the
  468  provisions of this paragraph at such time as the city clerk or
  469  the supervisor of elections certifies to the governing body of
  470  the municipality or county that approval has been given by
  471  freeholders representing in excess of 50 percent of the assessed
  472  value of the property within the local government neighborhood
  473  improvement district.
  474         8. The city clerk or the supervisor of elections, whichever
  475  is appropriate, shall enclose with each ballot sent pursuant to
  476  this paragraph two envelopes: a secrecy envelope, into which the
  477  freeholder shall enclose the marked ballot; and a mailing
  478  envelope, into which the freeholder shall then place the secrecy
  479  envelope, which shall be addressed to the city clerk or the
  480  supervisor of elections. The back side of the mailing envelope
  481  shall bear a certificate in substantially the following form:
  482  
  483   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  484                 AND COMPLETING VOTER’S CERTIFICATE.               
  485  
  486                         VOTER’S CERTIFICATE                       
  487  
  488         I, ...., am a duly qualified and registered freeholder of
  489  the proposed...(name)... local government neighborhood
  490  improvement district; and I am entitled to vote this ballot. I
  491  do solemnly swear or affirm that I have not and will not vote
  492  more than one ballot in this election. I understand that failure
  493  to sign this certificate and have my signature witnessed will
  494  invalidate my ballot.
  495  
  496         ...(Voter’s Signature)
  497  
  498         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  499  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  500         I swear or affirm that the elector signed this voter’s
  501  certificate in my presence.
  502  
  503                    ...(Signature of Witness)...                   
  504         ...(Address)......(City/State)
  505  
  506         9. The certificate shall be arranged on the back of the
  507  mailing envelope so that the lines for the signatures of the
  508  freeholder and the attesting witness are across the seal of the
  509  envelope; however, no statement shall appear on the envelope
  510  which indicates that a signature of the freeholder or witness
  511  must cross the seal of the envelope. The freeholder and the
  512  attesting witness shall execute the certificate on the envelope.
  513         10. The city clerk or the supervisor of elections shall
  514  enclose with each ballot sent to a freeholder pursuant to this
  515  paragraph separate printed instructions in substantially the
  516  following form:
  517  
  518      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  519  
  520         a. VERY IMPORTANT. In order to ensure that your ballot will
  521  be counted, it should be completed and returned as soon as
  522  possible so that it can reach the city clerk or the supervisor
  523  of elections no later than 7 p.m. on the (final day of the 120
  524  day period given here).
  525         b. Mark your ballot in secret as instructed on the ballot.
  526         c. Place your marked ballot in the enclosed secrecy
  527  envelope.
  528         d. Insert the secrecy envelope into the enclosed mailing
  529  envelope, which is addressed to the city clerk or the supervisor
  530  of elections.
  531         e. Seal the mailing envelope and completely fill out the
  532  Voter’s Certificate on the back of the mailing envelope.
  533         f. VERY IMPORTANT. Sign your name on the line provided for
  534  “(Voter’s Signature).”
  535         g. VERY IMPORTANT. In order for your ballot to be counted,
  536  it must include the signature and address of a witness 18 years
  537  of age or older affixed to the Voter’s Certificate.
  538         h. Mail, deliver, or have delivered the completed mailing
  539  envelope. Be sure there is sufficient postage if mailed.
  540         (2) The advisory council shall perform such duties as may
  541  be prescribed by the governing body and shall submit within the
  542  time period specified by the governing body, acting as the board
  543  of directors, a report on the district’s activities and a
  544  proposed budget to accomplish its objectives. In formulating a
  545  plan for services or improvements the advisory board shall
  546  consult in public session with the appropriate staff or
  547  consultants of the local governing body responsible for the
  548  district’s plan.
  549         (3) As an alternative to designating the local governing
  550  body as the board of directors, a majority of the local
  551  governing body of a city or county may appoint a board of three
  552  to seven directors for the district who shall be residents of
  553  the proposed area and who are subject to ad valorem taxation in
  554  the residential neighborhood improvement district or who are
  555  property owners in a commercial neighborhood improvement
  556  district. The directors shall be appointed for staggered terms
  557  of 3 years. The initial appointments shall be as follows: one
  558  director for a 1-year term; one director for a 2-year term; and
  559  one director for a 3-year term. If more than three directors are
  560  to be appointed, the additional members shall initially be
  561  appointed for 3-year terms. Vacancies shall be filled for the
  562  unexpired portion of a term in the same manner as the initial
  563  appointments were made. Each director shall hold office until
  564  his or her successor is appointed and qualified unless the
  565  director ceases to be qualified or is removed from office. Upon
  566  appointment and qualification and in January of each year, the
  567  directors shall organize by electing from their number a chair
  568  and a secretary.
  569         (3)(4) A district may be dissolved by the governing body by
  570  rescinding the ordinance creating the district. The governing
  571  body may rescind shall consider rescinding the ordinance if
  572  presented with a petition requesting that it be rescinded.
  573  Petitions related to a residential neighborhood improvement
  574  district must contain containing the signatures of 60 percent of
  575  the residents. Petitions related to a commercial neighborhood
  576  improvement district must contain signatures representing owners
  577  of 60 percent of the land area of the of a district.
  578         Section 13. Section 163.508, Florida Statutes, is amended
  579  to read:
  580         163.508 Property owners’ association neighborhood
  581  improvement districts; creation; powers and duties; duration.—
  582         (1) After an a local planning ordinance has been adopted
  583  authorizing the creation of property owners’ association
  584  neighborhood improvement districts, the local governing body of
  585  a municipality or county may create property owners’ association
  586  neighborhood improvement districts by the enactment of a
  587  separate ordinance for each district, which ordinance:
  588         (a) Establishes that an incorporated property owners’
  589  association representing 75 percent of all owners of property
  590  within a proposed district meeting the requirements of this
  591  section has petitioned the governing body of the municipality or
  592  county for creation of a district for the area encompassed by
  593  the property owned by members of the association.
  594         (b) Specifies the boundaries, size, and name of the
  595  district.
  596         (c) Authorizes the governing body through mutual agreement
  597  with the property owners’ association to:
  598         1. Request grants a matching grant from the state’s Safe
  599  Neighborhoods Program to prepare the first year’s safe
  600  neighborhood improvement plan. The provider of the local match
  601  for the state grant shall be mutually agreed upon between the
  602  governing body and the property owners’ association. The
  603  governing body may agree to provide the match as a no-interest
  604  bearing loan to be paid back from assessments imposed by the
  605  association on its members or shareholders.
  606         2. Provide staff and other technical assistance to the
  607  property owners’ association on a mutually agreed-upon basis,
  608  contractual or otherwise.
  609         3. Prepare the first year’s safe neighborhood improvement
  610  plan, which shall comply with and be consistent with the
  611  governing body’s adopted comprehensive plan.
  612         (d) Provides for an audit of the property owners’
  613  association.
  614         (e) Designates the officers of the incorporated property
  615  owners’ association as the board of directors of the district.
  616         (f) May prohibit the use of any district power authorized
  617  by s. 163.514.
  618         (g) Requires the district to notify the Department of Legal
  619  Affairs and the Department of Economic Opportunity Community
  620  Affairs in writing of its establishment within 30 days thereof
  621  pursuant to s. 163.5055.
  622         (2) In order to qualify for the creation of a neighborhood
  623  improvement district, the property owners shall form an
  624  association in compliance with this section, or use an existing
  625  property owners’ association in compliance with this section,
  626  which shall be a corporation, for profit or not for profit. At
  627  least, and of which not less than 75 percent of all property
  628  owners within the proposed area must consent have consented in
  629  writing to become members or shareholders. Upon such consent by
  630  75 percent of the property owners in the proposed district, all
  631  consenting property owners and their successors shall become
  632  members of the association and shall be bound by the provisions
  633  of the articles of incorporation, the bylaws of the association,
  634  the covenants, the deed restrictions, the indentures, and any
  635  other properly promulgated restrictions. The association shall
  636  have no member or shareholder who is not a bona fide owner of
  637  property within the proposed district. Upon receipt of its
  638  certificate of incorporation, the property owners’ association
  639  shall notify the clerk of the city or county court, whichever is
  640  appropriate, in writing, of such incorporation and shall list
  641  the names and addresses of the officers of the association.
  642         (3) Any incorporated property owners’ association operating
  643  pursuant to this part has shall have the power:
  644         (a) To negotiate with the governing body of a municipality
  645  or county for closing, privatizing, or modifying the rights-of
  646  way, and appurtenances thereto, within the district.
  647         (b) To use utilize various legal instruments such as
  648  covenants, deed restrictions, and indentures to preserve and
  649  maintain the integrity of property, land, and rights-of-way
  650  owned and conveyed to it within the district.
  651         (c) To make and collect assessments against all property
  652  within the boundaries of the district pursuant to the provisions
  653  of s. 163.514(16) and to lease, maintain, repair, and
  654  reconstruct any privatized street, land, or common area within
  655  the district upon dedication thereof to the association.
  656         (d) Without the joinder of any property owner, to modify,
  657  move, or create any easement for ingress and egress or for the
  658  purpose of utilities, if such easement constitutes part of or
  659  crosses district property. However, this does shall not
  660  authorize the association to modify or move any easement that
  661  which is created in whole or in part for the use or benefit of
  662  anyone other than association members, or which crosses the
  663  property of anyone other than association members, without the
  664  consent or approval of such person as required by law or by the
  665  instrument creating the easement. Nothing in this paragraph
  666  shall affect the rights of ingress or egress of any member of
  667  the association.
  668         (4) A property owners’ association neighborhood improvement
  669  district shall continue in perpetuity as long as the property
  670  owners’ association created pursuant to this section exists
  671  under the applicable laws of the state.
  672         Section 14. Subsections (1), (7), (8), and (10) of section
  673  163.511, Florida Statutes, are amended to read:
  674         163.511 Special neighborhood improvement districts;
  675  creation; referendum; board of directors; duration; extension.—
  676         (1) After an a local planning ordinance has been adopted
  677  authorizing the creation of special neighborhood improvement
  678  districts, the governing body of a municipality or county may
  679  declare the need for and create special residential or business
  680  neighborhood improvement districts by the enactment of a
  681  separate ordinance for each district, which ordinance:
  682         (a) Conditions the implementation of the ordinance on the
  683  approval of a referendum as provided in subsection (2).
  684         (b) Authorizes the special neighborhood improvement
  685  district to levy an ad valorem tax on real and personal property
  686  of up to 2 mills annually.
  687         (c) Authorizes the use of special assessments to support
  688  planning and implementation of district improvements pursuant to
  689  the provisions of s. 163.514(16), including community policing
  690  innovations.
  691         (d) Specifies the boundaries, size, and name of the
  692  district.
  693         (e) Authorizes the district to receive a planning grant
  694  from the department.
  695         (f) Provides for the appointment of a 3-member board of
  696  directors for the district.
  697         (g) May authorize a special neighborhood improvement
  698  district to exercise the power of eminent domain pursuant to
  699  chapters 73 and 74. Any property identified for eminent domain
  700  by the district shall be subject to the approval of the local
  701  governing body before eminent domain procedures are exercised.
  702         (h) May prohibit the use of any district power authorized
  703  by s. 163.514.
  704         (i) Requires the district to notify the Department of Legal
  705  Affairs and the Department of Economic Opportunity Community
  706  Affairs in writing of its establishment within 30 days thereof
  707  pursuant to s. 163.5055.
  708         (j) May authorize a special neighborhood improvement
  709  district to develop and implement community policing innovations
  710  in consultation with the local law enforcement agency having
  711  jurisdiction within the district boundaries.
  712         (7) The business and affairs of a special neighborhood
  713  improvement district shall be conducted and administered by a
  714  board of three directors who shall be residents of or property
  715  owners within the proposed area and who are subject to ad
  716  valorem taxation in the district. Upon their initial appointment
  717  and qualification and in January of each year thereafter, the
  718  directors shall organize by electing from their number a chair
  719  and a secretary, and may also employ staff and legal
  720  representatives as deemed appropriate, who shall serve at the
  721  pleasure of the board and may receive such compensation as shall
  722  be fixed by the board. The secretary shall keep a record of the
  723  proceedings of the district and shall be custodian of all books
  724  and records of the district. The directors may shall not receive
  725  any compensation for their services, nor may they be employed by
  726  the district.
  727         (8) Within 30 days of the approval of the creation of a
  728  special neighborhood improvement district, if the district is in
  729  a municipality, a majority of the governing body of the
  730  municipality, or if the district is in the unincorporated area
  731  of the county, a majority of the county commission, shall
  732  appoint the three directors provided for herein for staggered
  733  terms of 3 years. The initial appointments shall be as follows:
  734  one for a 1-year term, one for a 2-year term, and one for a 3
  735  year term. Each director shall hold office until his or her
  736  successor is appointed and qualified unless the director ceases
  737  to be qualified to act as a director or is removed from office.
  738  Vacancies on the board shall be filled for the unexpired portion
  739  of a term in the same manner as the initial appointments were
  740  made.
  741         (10) The governing body of a municipality or county may
  742  remove a director for inefficiency, neglect of duty, or
  743  misconduct in office only after a hearing and only if he or she
  744  has been given a copy of the charges at least 10 days prior to
  745  such hearing and has had an opportunity to be heard in person or
  746  by counsel. A vacancy so created shall be filled as provided
  747  herein.
  748         Section 15. Section 163.512, Florida Statutes, is amended
  749  to read:
  750         163.512 Community redevelopment neighborhood improvement
  751  districts; creation; advisory council; dissolution.—
  752         (1) Upon the recommendation of the community redevelopment
  753  agency and after an a local planning ordinance has been adopted
  754  authorizing the creation of community redevelopment neighborhood
  755  improvement districts, the local governing body of a
  756  municipality or county may create community redevelopment
  757  neighborhood improvement districts by the enactment of a
  758  separate ordinance for each district, which ordinance:
  759         (a) Specifies the boundaries, size, and name of the
  760  district.
  761         (b) Authorizes the district to receive grants a planning
  762  grant from the department.
  763         (c) Authorizes the use of the community redevelopment trust
  764  fund created pursuant to s. 163.387 for the purposes of
  765  implementing the district’s safe neighborhood improvement plan
  766  and furthering crime prevention through community policing
  767  innovations, environmental design, environmental security, and
  768  defensible space techniques, if the expenditures from the
  769  community redevelopment trust fund are consistent with the
  770  community redevelopment plan created pursuant to s. 163.360.
  771         (d) Designates the community redevelopment board of
  772  commissioners established pursuant to s. 163.356 or s. 163.357
  773  as the board of directors for the district.
  774         (e) Establishes an advisory council to the board of
  775  directors comprised of property owners or residents of the
  776  district.
  777         (f) May prohibit the use of any district power authorized
  778  by s. 163.514.
  779         (g) Requires that the district’s safe neighborhood
  780  improvement plan be consistent with the community redevelopment
  781  plan created pursuant to s. 163.360, and permits the safe
  782  neighborhood improvement plan to be included in the community
  783  redevelopment plan as an optional element.
  784         (h) Requires that the boundaries of the community
  785  redevelopment district be contained in whole within the
  786  community redevelopment area established pursuant to ss. 163.355
  787  and 163.356.
  788         (i) Requires the district to notify the Department of Legal
  789  Affairs and the Department of Economic Opportunity Community
  790  Affairs in writing of its establishment within 30 days thereof
  791  pursuant to s. 163.5055.
  792         (2) The advisory council shall perform such duties as may
  793  be prescribed by the community redevelopment board established
  794  pursuant to s. 163.356 and shall submit within the time period
  795  specified by the board of directors a report on the district’s
  796  activities and a proposed budget to accomplish its objectives.
  797  In formulating a plan for services or improvements, the advisory
  798  council shall consult in public session with the appropriate
  799  staff or consultants of the community redevelopment board
  800  responsible for the district’s plan.
  801         (3) A district may be dissolved by the local governing body
  802  by rescinding the ordinance creating the district. The governing
  803  body may rescind shall consider rescinding the ordinance if
  804  presented with a petition containing the signatures of 60
  805  percent of the residents of a district.
  806         Section 16. Section 163.513, Florida Statutes, is repealed.
  807         Section 17. Section 163.514, Florida Statutes, is amended
  808  to read:
  809         163.514 Powers of neighborhood improvement districts.
  810  Unless prohibited by ordinance, the board of any district is
  811  shall be empowered to:
  812         (1) Enter into contracts and agreements and sue and be sued
  813  as a body corporate.
  814         (2) Have and use a corporate seal.
  815         (3) Acquire, own, convey, or otherwise dispose of, lease as
  816  lessor or lessee, construct, maintain, improve, enlarge, raze,
  817  relocate, operate, and manage property and facilities of
  818  whatever type to which it holds title and grant and acquire
  819  licenses, easements, and options with respect thereto.
  820         (4) Accept grants and donations of any type of property,
  821  labor, or other thing of value from any public or private
  822  source.
  823         (5) Have exclusive control of funds legally available to
  824  it, subject to limitations imposed by law or by any agreement
  825  validly entered into by it.
  826         (6) Cooperate and contract with other governmental agencies
  827  or other public bodies.
  828         (7) Contract for services of planners, engineers,
  829  attorneys, and other planning consultants, experts on crime
  830  prevention through community policing innovations, environmental
  831  design, environmental security, or defensible space, or other
  832  experts in areas pertaining to the operations of the board of
  833  directors or the district.
  834         (8) Contract with the county or municipal government for
  835  planning assistance, legal advice, and for increased levels of
  836  law enforcement protection and security, including additional
  837  personnel.
  838         (9) Promote and advertise the commercial advantages of the
  839  district so as to attract new businesses and encourage the
  840  expansion of existing businesses.
  841         (10) Promote and advertise the district to the public and
  842  engage in cooperative advertising programs with businesses
  843  located in the district.
  844         (11) Improve, plan, design, construct, operate, provide,
  845  and maintain street lighting, parks, streets, drainage,
  846  utilities, swales, parking facilities, transit, landscaping, and
  847  open areas, and provide safe access to mass transportation
  848  facilities in the district.
  849         (12) Undertake innovative approaches to securing
  850  neighborhoods from crime, such as crime prevention through
  851  community policing innovations, environmental design,
  852  environmental security, and defensible space.
  853         (13) Privatize, close, vacate, plan, or replan streets,
  854  roads, sidewalks, and alleys, subject to the concurrence of the
  855  local governing body and, if required, the state Department of
  856  Transportation.
  857         (14) Prepare, adopt, implement, and modify a safe
  858  neighborhood improvement plan for the district.
  859         (15) Identify areas with blighted influences, including,
  860  but not limited to, areas where unlawful urban dumping or
  861  graffiti are prevalent, and develop programs for eradication
  862  thereof.
  863         (16)(a) Subject to referendum approval, and for residential
  864  local government, special, community redevelopment, and property
  865  owners’ association neighborhood improvement districts only,
  866  make and collect special assessments pursuant to ss. 197.3632
  867  and 197.3635 to pay for improvements to the district and for
  868  reasonable expenses of operating the district, including the
  869  payment of expenses included in the district’s budget, subject
  870  to an affirmative vote by a majority of the registered voters
  871  residing in the district. Such assessments shall not exceed $500
  872  for each individual parcel of land per year. Notwithstanding the
  873  provisions of s. 101.6102, the referendum to approve the special
  874  assessment shall be by mail ballot.
  875         (b) In order to implement this subsection, the city clerk
  876  or the supervisor of elections, whichever is appropriate, shall
  877  compile a list of the names and last known addresses of the
  878  electors in the neighborhood improvement district from the list
  879  of registered voters of the county as of the last day of the
  880  preceding month. The same shall constitute the registration list
  881  for the purposes of a referendum. Within 45 days after
  882  compilation of the voter registration list, the city clerk or
  883  the supervisor of elections shall notify each elector of the
  884  general provisions of this section, including the taxing
  885  authority and the date of the upcoming referendum. Notification
  886  shall be by United States mail and, in addition thereto, by
  887  publication one time in a newspaper of general circulation in
  888  the county or municipality in which the district is located.
  889         (c) Any resident of the district whose name does not appear
  890  on the list compiled pursuant to paragraph (b) may register to
  891  vote as provided by law. The registration list shall remain open
  892  for 75 days after the notification required in paragraph (b).
  893         (d) Within 15 days after the closing of registration, the
  894  city clerk or the supervisor of elections shall send a ballot to
  895  each elector at his or her last known mailing address by first
  896  class United States mail. The ballot shall include:
  897         1. A description of the general provisions of this section
  898  applicable to the neighborhood improvement district; and
  899         2. Immediately following said information, the following:
  900  
  901         “Do you favor the imposition of a special assessment of not
  902  greater than $500 for each individual parcel of land per year to
  903  pay for the expenses of operating the neighborhood improvement
  904  district?
  905  
  906         ....Yes, for the special assessment.
  907  
  908         ....No, against the special assessment.”
  909  
  910         (e) Ballots shall be returned by United States mail or by
  911  personal delivery.
  912         (f) All ballots received within 60 days after the closing
  913  of registration shall be tabulated by the city clerk or the
  914  supervisor of elections, who shall certify the results thereof
  915  to the city governing body or county commission no later than 5
  916  days after said 60-day period.
  917         (17) Exercise all lawful powers incidental to the effective
  918  and expedient exercise of the foregoing powers.
  919         Section 18. Subsections (3) and (4) of section 163.5151,
  920  Florida Statutes, are amended to read:
  921         163.5151 Fiscal management; budget preparation.—
  922         (3) Each local government and special neighborhood
  923  improvement district levying an ad valorem tax on real or
  924  personal property shall establish its budget pursuant to the
  925  provisions of chapter 200. Before adopting Prior to adoption of
  926  the final budget and setting of the millage rate to be levied by
  927  the board, the board shall submit a tentative budget and
  928  proposed millage rate of the district to the governing body of
  929  the municipality in which the district is located, or to the
  930  county if the district is located in the unincorporated portion
  931  of the county, for approval or disapproval. Such governing body
  932  shall have the power to modify the budget or millage submitted
  933  by the board. Subsequent to approval, the board shall adopt its
  934  final budget and millage rate in accordance with the
  935  requirements of chapter 200.
  936         (4) At the option of the county property appraiser for the
  937  county within which the neighborhood improvement district is
  938  located, the assessments levied by the district may shall be
  939  collected in the same manner as all ad valorem taxes if so
  940  requested by the local governing body pursuant to s. 197.363.
  941         Section 19. Section 163.516, Florida Statutes, is amended
  942  to read:
  943         163.516 Safe Neighborhood improvement plans.—
  944         (1) A safe neighborhood improvement plan is mandated for
  945  all neighborhood improvement districts. The plan must shall
  946  contain at least the following elements:
  947         (a) Demographics of the district.
  948         (b) Crime activity data and analysis.
  949         (b)(c) Land use, zoning, housing, and traffic analysis.
  950         (d) Determination of the problems of the crime-to
  951  environment relationship and the stability of the neighborhood
  952  improvement district.
  953         (c)(e) Statement of the district’s goal and objectives.
  954         (f) Assessment of crime prevention through community
  955  policing innovations, environmental design, environmental
  956  security, and defensible space strategies and tactics that will
  957  be applied to the crime-to-environment relationship problems.
  958         (g) Cost estimates and the methods of financing.
  959         (h) Outline of program participants and their functions and
  960  responsibilities.
  961         (i) Schedule for executing program activities.
  962         (j) Evaluation guidelines.
  963         (2) Every safe neighborhood improvement plan must shall
  964  show, by diagram and by general explanation:
  965         (a) Such property as is intended for use as public parks,
  966  recreation areas, streets, public utilities, and public
  967  improvements of any nature.
  968         (b) Specific identification of any publicly funded capital
  969  improvement projects to be undertaken within the district.
  970         (c) Adequate assurances that the improvements will be
  971  carried out pursuant to the plan.
  972         (d) Provision for the retention of controls and the
  973  establishment of any restrictions or covenants running with land
  974  sold or leased for private use for such periods of time and
  975  under such conditions as the governing body of the municipality
  976  in which the district is located, or the county if the district
  977  is located in the unincorporated portion of the county, deems
  978  necessary to effectuate the purposes of this part.
  979         (c)(e) Projected costs of improvements, including the
  980  amount to be expended on publicly funded capital improvement
  981  projects in the district and any indebtedness of the district,
  982  the county, or the municipality proposed to be incurred if such
  983  indebtedness is to be repaid with district revenues.
  984         (f) Promotion of advertising programs to be undertaken by
  985  the district or in conjunction with businesses in the district.
  986         (g) Suggested physical improvements necessary for the
  987  safety of residents in or visitors to the district.
  988         (h) Law enforcement and security plans for the district.
  989         (3) The safe neighborhood improvement plan must shall:
  990         (a) Be consistent with the adopted comprehensive plan for
  991  the county or municipality pursuant to the Community Planning
  992  Act. No district plan shall be implemented unless the local
  993  governing body has determined said plan is consistent.
  994         (b) Be sufficiently complete to indicate such land
  995  acquisition, demolition and removal of structures, street
  996  modifications, redevelopment, and rehabilitation as may be
  997  proposed to be carried out in the district.
  998         (c) Provide some method for and measurement of the
  999  reduction of crime within the district.
 1000         (4) The county, municipality, or district may prepare or
 1001  cause to be prepared a safe neighborhood improvement plan, or
 1002  any person or agency, public or private, may submit such a plan
 1003  to a district. Prior to its consideration of a safe neighborhood
 1004  improvement plan, the district shall submit such plan to the
 1005  local governing body for review and written approval as to its
 1006  consistency with the local government comprehensive plan. The
 1007  district must be notified of approval or disapproval within 60
 1008  days after receipt of the plan for review, and a revised version
 1009  of the plan may be submitted to satisfy any inconsistencies. The
 1010  district may not proceed with the safe neighborhood improvement
 1011  plan until final approval is given by the local governing body.
 1012         (4)(5) Prior to adoption of the safe neighborhood
 1013  improvement plan, the board shall hold a public hearing on the
 1014  plan after public notice thereof by publication in a newspaper
 1015  of general circulation in the county or municipality in which
 1016  the district is located. The notice shall describe the time,
 1017  date, place, and purpose of the hearing; identify the boundaries
 1018  of the district; and outline the general scope of the plan.
 1019         (5)(6) The board, after the public hearing, may approve the
 1020  safe neighborhood improvement plan if it finds:
 1021         (a) The plan has been approved as consistent with the local
 1022  comprehensive plan by the local governing body; and
 1023         (b) The plan will improve the promotion, appearance,
 1024  safety, security, and public amenities of the neighborhood
 1025  improvement district as stipulated in s. 163.502.
 1026         (6)(7) If, at any time after approval of the safe
 1027  neighborhood improvement plan, it becomes desirable to amend or
 1028  modify the plan, the board may do so. Prior to any such
 1029  amendment or modification, the board shall obtain written
 1030  approval of the local governing body concerning conformity to
 1031  the local government comprehensive plan and hold a public
 1032  hearing on the proposed amendment or modification after public
 1033  notice thereof by publication in a newspaper of general
 1034  circulation in the county or municipality in which the district
 1035  is located. The notice shall describe the time, place, and
 1036  purpose of the hearing and generally describe the proposed
 1037  amendment or modification.
 1038         (8) Pursuant to s. 163.3184, the governing body of a
 1039  municipality or county shall hold two public hearings to
 1040  consider the board-adopted safe neighborhood improvement plan as
 1041  an amendment or modification to the municipality’s or county’s
 1042  adopted local comprehensive plan.
 1043         (9) A safe neighborhood improvement plan for each district
 1044  shall be prepared and adopted by the municipality or county
 1045  prior to the levy and expenditure of any of the proceeds of any
 1046  tax assessment or fee authorized to such districts other than
 1047  for the preparation of the safe community or business
 1048  improvement plan.
 1049         Section 20. Section 163.517, Florida Statutes, is repealed.
 1050         Section 21. Section 163.519, Florida Statutes, is repealed.
 1051         Section 22. Section 163.521, Florida Statutes, is repealed.
 1052         Section 23. Section 163.5215, Florida Statutes, is
 1053  repealed.
 1054         Section 24. Section 163.522, Florida Statutes, is repealed.
 1055         Section 25. Section 163.523, Florida Statutes, is repealed.
 1056         Section 26. Section 163.524, Florida Statutes, is repealed.
 1057         Section 27. Section 163.526, Florida Statutes, is repealed.
 1058         Section 28. Paragraph (c) of subsection (1) of section
 1059  376.84, Florida Statutes, is amended to read:
 1060         376.84 Brownfield redevelopment economic incentives.—It is
 1061  the intent of the Legislature that brownfield redevelopment
 1062  activities be viewed as opportunities to significantly improve
 1063  the utilization, general condition, and appearance of these
 1064  sites. Different standards than those in place for new
 1065  development, as allowed under current state and local laws,
 1066  should be used to the fullest extent to encourage the
 1067  redevelopment of a brownfield. State and local governments are
 1068  encouraged to offer redevelopment incentives for this purpose,
 1069  as an ongoing public investment in infrastructure and services,
 1070  to help eliminate the public health and environmental hazards,
 1071  and to promote the creation of jobs in these areas. Such
 1072  incentives may include financial, regulatory, and technical
 1073  assistance to persons and businesses involved in the
 1074  redevelopment of the brownfield pursuant to this act.
 1075         (1) Financial incentives and local incentives for
 1076  redevelopment may include, but not be limited to:
 1077         (c) Safe Neighborhood improvement districts as provided in
 1078  part IV of chapter 163 ss. 163.501-163.523.
 1079         Section 29. Subsection (2) of section 775.083, Florida
 1080  Statutes, is amended to read:
 1081         775.083 Fines.—
 1082         (2) In addition to the fines set forth in subsection (1),
 1083  court costs shall be assessed and collected in each instance a
 1084  defendant pleads nolo contendere to, or is convicted of, or
 1085  adjudicated delinquent for, a felony, a misdemeanor, or a
 1086  criminal traffic offense under state law, or a violation of any
 1087  municipal or county ordinance if the violation constitutes a
 1088  misdemeanor under state law. The court costs imposed by this
 1089  section shall be $50 for a felony and $20 for any other offense
 1090  and shall be deposited by the clerk of the court into an
 1091  appropriate county account for disbursement for the purposes
 1092  provided in this subsection. A county shall account for the
 1093  funds separately from other county funds as crime prevention
 1094  funds. The county, in consultation with the sheriff, must expend
 1095  such funds for crime prevention programs in the county,
 1096  including safe neighborhood improvement programs under part IV
 1097  of chapter 163 ss. 163.501-163.523.
 1098         Section 30. Paragraphs (a) and (c) of subsection (5) of
 1099  section 932.7055, Florida Statutes, are amended to read:
 1100         932.7055 Disposition of liens and forfeited property.—
 1101         (5)(a) If the seizing agency is a county or municipal
 1102  agency, the remaining proceeds shall be deposited in a special
 1103  law enforcement trust fund established by the board of county
 1104  commissioners or the governing body of the municipality. Such
 1105  proceeds and interest earned therefrom shall be used for school
 1106  resource officer, crime prevention, safe neighborhood
 1107  improvement, drug abuse education and prevention programs, or
 1108  for other law enforcement purposes, which include defraying the
 1109  cost of protracted or complex investigations, providing
 1110  additional equipment or expertise, purchasing automated external
 1111  defibrillators for use in law enforcement vehicles, and
 1112  providing matching funds to obtain federal grants. The proceeds
 1113  and interest may not be used to meet normal operating expenses
 1114  of the law enforcement agency.
 1115         (c) An agency or organization, other than the seizing
 1116  agency, that wishes to receive such funds shall apply to the
 1117  sheriff or chief of police for an appropriation and its
 1118  application shall be accompanied by a written certification that
 1119  the moneys will be used for an authorized purpose. Such requests
 1120  for expenditures shall include a statement describing
 1121  anticipated recurring costs for the agency for subsequent fiscal
 1122  years. An agency or organization that receives money pursuant to
 1123  this subsection shall provide an accounting for such moneys and
 1124  shall furnish the same reports as an agency of the county or
 1125  municipality that receives public funds. Such funds may be
 1126  expended in accordance with the following procedures:
 1127         1. Such funds may be used only for school resource officer,
 1128  crime prevention, safe neighborhood improvement, drug abuse
 1129  education, or drug prevention programs or such other law
 1130  enforcement purposes as the board of county commissioners or
 1131  governing body of the municipality deems appropriate.
 1132         2. Such funds shall not be a source of revenue to meet
 1133  normal operating needs of the law enforcement agency.
 1134         3. After July 1, 1992, and during every fiscal year
 1135  thereafter, any local law enforcement agency that acquires at
 1136  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1137  within a fiscal year must expend or donate no less than 15
 1138  percent of such proceeds for the support or operation of any
 1139  drug treatment, drug abuse education, drug prevention, crime
 1140  prevention, safe neighborhood improvement, or school resource
 1141  officer program program(s). The local law enforcement agency has
 1142  the discretion to determine which program or programs program(s)
 1143  will receive the designated proceeds.
 1144  
 1145         Notwithstanding the drug abuse education, drug treatment,
 1146  drug prevention, crime prevention, safe neighborhood
 1147  improvement, or school resource officer minimum expenditures or
 1148  donations, the sheriff and the board of county commissioners or
 1149  the chief of police and the governing body of the municipality
 1150  may agree to expend or donate such funds over a period of years
 1151  if the expenditure or donation of such minimum amount in any
 1152  given fiscal year would exceed the needs of the county or
 1153  municipality for such program or programs program(s). Nothing in
 1154  this section precludes the expenditure or donation of forfeiture
 1155  proceeds in excess of the minimum amounts established herein.
 1156         Section 31. This act shall take effect July 1, 2012.
 1157  
 1158  
 1159  ================= T I T L E  A M E N D M E N T ================
 1160         And the title is amended as follows:
 1161         Delete everything before the enacting clause
 1162  and insert:
 1163                        A bill to be entitled                      
 1164         An act relating to neighborhood improvement districts;
 1165  amending ss. 163.2511, 163.2517, 163.3182, 163.3246, and
 1166  163.387, F.S.; conforming provisions to changes made by the act;
 1167  amending s. 163.501, F.S.; renaming the “Safe Neighborhoods Act”
 1168  as the “Neighborhoods Improvement Act”; amending s. 163.502,
 1169  F.S.; revising legislative findings and purpose; amending s.
 1170  163.503, F.S.; revising and deleting definitions; amending s.
 1171  163.5035, F.S.; conforming provisions to changes made by the
 1172  act; amending s. 163.504, F.S.; authorizing the governing body
 1173  of any municipality or county to form a neighborhood improvement
 1174  district through the adoption of an ordinance rather than by a
 1175  planning ordinance; removing provisions pertaining to the
 1176  creation and funding of safe neighborhood improvement districts;
 1177  amending s. 163.5055, F.S.; requiring each neighborhood
 1178  improvement district authorized under law to notify the
 1179  Department of Economic Opportunity and the Department of Legal
 1180  Affairs of its existence rather than to register with such
 1181  departments; amending s. 163.506, F.S.; revising provisions
 1182  authorizing a local governing body to create a local government
 1183  neighborhood improvement district; specifying that the ordinance
 1184  may authorize the improvement district to borrow money, contract
 1185  loans, and issue bonds; authorizing the governing body of the
 1186  improvement district to levy ad valorem taxes upon real and
 1187  tangible personal property within the district; authorizing the
 1188  district to make and collect special assessments; conditioning
 1189  the exercise of power by the local government neighborhood
 1190  improvement district to borrow money, contract loans, issue
 1191  bonds, charge, collect, and enforce fees, make and collect
 1192  special assessments, and levy ad valorem taxes upon real and
 1193  tangible personal property within the district upon the approval
 1194  of a referendum by the freeholders of the district; providing
 1195  ballot requirements; removing provisions allowing an alternative
 1196  organization for the board of directors; amending s. 163.508,
 1197  F.S., relating to property owners’ association neighborhood
 1198  improvement districts; revising the requirements for creating a
 1199  property owners’ association neighborhood improvement district
 1200  by the enactment of a separate ordinance for each district;
 1201  authorizing the governing body to request grants from the state;
 1202  amending s. 163.511, F.S., relating to special neighborhood
 1203  improvement districts; revising provisions to conform to changes
 1204  made by the act; revising the method of appointing and removing
 1205  directors of the district; amending s. 163.512, F.S.; revising
 1206  provisions authorizing a municipality or county to create a
 1207  community redevelopment neighborhood improvement district;
 1208  authorizing the district to receive grants and other funding;
 1209  providing that the local governing body may dissolve the
 1210  district under certain circumstances; repealing s. 163.513,
 1211  F.S., relating to crime prevention through community policing
 1212  innovations; amending s. 163.514, F.S.; revising the powers of
 1213  neighborhood improvement districts; allowing the district to
 1214  contract with legal counsel and other needed professionals;
 1215  authorizing the district to collect special assessments under
 1216  certain circumstances and following designated procedures;
 1217  amending s. 163.5151, F.S.; requiring a local government and a
 1218  special neighborhood improvement district to prepare its budget
 1219  in a specified manner if levying an ad valorem tax on real or
 1220  personal property; amending s. 163.516, F.S.; requiring
 1221  neighborhood improvement plans to be created for each
 1222  improvement district; revising the contents of the neighborhood
 1223  improvement district’s plan; repealing s. 163.517, F.S.,
 1224  relating to the Safe Neighborhoods Program; repealing s.
 1225  163.519, F.S., relating to the duties of the Department of Legal
 1226  Affairs relating to neighborhood improvement districts;
 1227  repealing s. 163.521, F.S., relating to funding for a
 1228  neighborhood improvement district inside an enterprise zone;
 1229  repealing s. 163.5215, F.S., relating to the effect and
 1230  construction of existing laws relating to neighborhood
 1231  improvement districts; repealing s. 163.522, F.S., relating to
 1232  state redevelopment programs; repealing s. 163.523, F.S.,
 1233  relating to cooperation and involvement of community
 1234  organizations in the creation of safe neighborhood improvement
 1235  districts; repealing s. 163.524, F.S., relating to participation
 1236  in the Neighborhood Preservation and Enhancement Program;
 1237  repealing s. 163.526, F.S., relating to powers and duties of the
 1238  Neighborhood Councils and the designated agency of the local
 1239  government; amending ss. 376.84, 775.083, and 932.7055, F.S.;
 1240  conforming provisions to changes made by the act; providing an
 1241  effective date.