Florida Senate - 2012 SB 582
By Senator Simmons
22-00175-12 2012582__
1 A bill to be entitled
2 An act relating to neighborhood improvement districts;
3 amending s. 163.501, F.S.; revising the short title to
4 become the “Neighborhood Improvement Act”; amending s.
5 163.502, F.S.; revising legislative findings and
6 purpose; amending s. 163.503, F.S.; revising a
7 definition and removing definitions for “environmental
8 security,” “crime prevention,” “defensible space,”
9 “enterprise zone,” and “community policing
10 innovation”; amending s. 163.5035, F.S.; conforming
11 provisions to changes made by the act; amending s.
12 163.504, F.S.; authorizing the governing body of any
13 municipality or county to form a neighborhood
14 improvement district through the adoption of an
15 ordinance rather than by a planning ordinance;
16 removing provisions pertaining to the creation and
17 funding of safe neighborhood districts; amending s.
18 163.5055, F.S.; requiring each neighborhood
19 improvement district authorized under law to notify
20 the Department of Community Affairs and the Department
21 of Legal Affairs of their existence rather than to
22 register; amending s. 163.506, F.S.; revising
23 provisions authorizing a local governing body to
24 create a local government neighborhood improvement
25 district; specifying that the ordinance may authorize
26 the improvement district to borrow money, issue bonds,
27 and collect special assessments; authorizing the
28 governing body of the improvement district to levy ad
29 valorem taxes upon real and tangible personal property
30 within the district which the governing body deems
31 necessary for payment on the general obligation bonds;
32 authorizing the district to make and collect special
33 assessments; conditioning the exercise of power by the
34 local government neighborhood improvement district to
35 borrow money, issue bonds, collect special
36 assessments, and to levy ad valorem taxes upon real
37 and tangible personal property within the district
38 upon the approval of a referendum by the freeholders
39 of the district; removing provisions allowing an
40 alternative organization for the board of directors;
41 amending s. 163.508, F.S., relating to property
42 owners’ association neighborhood improvement
43 districts; revising the requirements for creating a
44 property owners’ association neighborhood improvement
45 district by the enactment of a separate ordinance for
46 each district; authorizing the governing body to
47 request grants from the state; amending s. 163.511,
48 F.S., relating to special neighborhood improvement
49 districts; revising provisions to conform to changes
50 made by the act; revising the method of appointing and
51 removing directors of the district; amending s.
52 163.512, F.S.; revising provisions authorizing a
53 municipality or county to create a community
54 redevelopment neighborhood improvement district;
55 authorizing the district to receive grants and other
56 funding; providing that the local governing body may
57 dissolve the district under certain circumstances;
58 repealing s. 163.513, F.S., relating to crime
59 prevention through community policing innovations;
60 amending s. 163.514, F.S.; specifying the powers of
61 neighborhood improvement districts; allowing the
62 district to contract with legal counsel and other
63 needed professionals; authorizing the districts to
64 collect special assessments under certain
65 circumstances and following designated procedures;
66 amending s. 163.5151, F.S.; requiring a local
67 government to prepare its budget in a specified manner
68 if levying an ad valorem tax on real or personal
69 property; amending s. 163.516, F.S.; requiring
70 neighborhood improvement plans to be created for each
71 improvement district; specifying the contents of the
72 neighborhood improvement district’s plan; repealing s.
73 163.517, F.S., relating to the safe neighborhoods
74 program; repealing s. 163.519, F.S., relating to the
75 duties of the Department of Legal Affairs; repealing
76 s. 163.521, F.S., relating to the neighborhood
77 improvement district inside an enterprise zone;
78 repealing s. 163.5215, F.S., relating to the effect
79 and construction of the existing laws; repealing s.
80 163.522, F.S., relating to state redevelopment
81 programs; repealing s. 163.523, F.S., relating to safe
82 neighborhood districts; repealing s. 163.524, F.S.,
83 relating to the Neighborhood Preservation and
84 Enhancement Program; repealing s. 163.526, F.S.,
85 relating to Neighborhood Councils and the local
86 government designated agency; amending ss. 163.3182
87 and 163.387, F.S.; conforming provisions to changes
88 made by the act; providing an effective date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1. Section 163.501, Florida Statutes, is amended to
93 read:
94 163.501 Short title.—This part may be cited as the
95 “Neighborhood Improvement Safe Neighborhoods Act.”
96 Section 2. Section 163.502, Florida Statutes, is amended to
97 read:
98 163.502 Neighborhood improvement Safe Neighborhoods;
99 legislative findings and purpose.—
100 (1) The Legislature hereby finds and declares that among
101 the many causes of deterioration in the business and residential
102 neighborhoods of the state are the following: proliferation of
103 crime, automobile traffic flow strangled by outmoded street
104 patterns, unsuitable topography, faulty lot layouts,
105 fragmentation of land uses and parking areas necessitating
106 frequent automobile movement, lack of separation of pedestrian
107 areas from automobile traffic, lack of separation of vehicle
108 traffic lanes and railroad traffic, and excessive noise levels
109 from automobile traffic, and lack of adequate public
110 improvements such as streets, street lights, street furniture,
111 street landscaping, sidewalks, traffic signals, way-finding
112 signs, mass transit, stormwater systems, and other public
113 utilities and improvements.
114 (2) The Legislature further finds and declares that a
115 healthy and vibrant neighborhood is safe neighborhoods are the
116 product of planning and implementation of appropriate
117 environmental design concepts, comprehensive planning crime
118 prevention programs, land use recommendations, and
119 beautification techniques.
120 (3) The Legislature further finds and declares that the
121 provisions of this part and the powers granted to local
122 governments, property owners’ associations, special dependent
123 districts, and community redevelopment neighborhood improvement
124 districts are desirable to guide and accomplish the coordinated,
125 balanced, and harmonious development of a healthy and vibrant
126 neighborhood safe neighborhoods; to promote the health, safety,
127 and general welfare of these areas and their inhabitants,
128 visitors, property owners, and workers; to establish, maintain,
129 and preserve property values and preserve and foster the
130 development of attractive neighborhood and business
131 environments; to prevent overcrowding and congestion; and to
132 improve or redirect automobile traffic and provide pedestrian
133 safety; to reduce crime rates and the opportunities for the
134 commission of crime; and to provide improvements in
135 neighborhoods so they are defensible against crime.
136 (4) It is the intent of the Legislature to assist local
137 governments in implementing plans that improve the employ crime
138 prevention through community policing innovations, environmental
139 design, environmental security, and defensible space techniques
140 to establish safe neighborhoods of this state. The Legislature,
141 therefore, declares that the development, redevelopment,
142 preservation, and revitalization of neighborhoods in this state,
143 and all the purposes of this part, are public purposes for which
144 public money may be borrowed, expended, loaned, or and granted.
145 Section 3. Section 163.503, Florida Statutes, is amended to
146 read:
147 163.503 Safe neighborhoods; Definitions.—
148 (1) “Safe Neighborhood improvement district,” or
149 “district,” or “neighborhood improvement district” means a
150 district located in an area in which more than 75 percent of the
151 land is used for residential purposes, or in an area in which
152 more than 75 percent of the land is used for commercial, office,
153 business, or industrial purposes, excluding the land area used
154 for public facilities, and where there is a plan to reduce crime
155 through the implementation of crime prevention through
156 environmental design, environmental security, or defensible
157 space techniques, or through community policing innovations.
158 Nothing in This section does not shall preclude the inclusion of
159 public land in a neighborhood improvement district although the
160 amount of land used for public facilities is excluded from the
161 land use acreage calculations.
162 (2) “Association” means a property owners’ association that
163 which is incorporated for the purpose of creating and operating
164 a neighborhood improvement district.
165 (3) “Department” means the Department of Legal Affairs.
166 (4) “Board” means the board of directors of a neighborhood
167 improvement district, which may be the governing body of a
168 municipality or county or the officers of a property owners’
169 association or the board of directors of a special neighborhood
170 improvement district or community redevelopment neighborhood
171 improvement district.
172 (5) “Environmental security” means an urban planning and
173 design process which integrates crime prevention with
174 neighborhood design and community development.
175 (6) “Crime prevention through environmental design” means
176 the planned use of environmental design concepts such as natural
177 access control, natural surveillance, and territorial
178 reinforcement in a neighborhood or community setting which is
179 designed to reduce criminal opportunity and foster positive
180 social interaction among the legitimate users of that setting.
181 (7) “Defensible space” means an architectural perspective
182 on crime prevention through physical design of the environment
183 to create the ability to monitor and control the environment
184 along individual perceived zones of territorial influence that
185 result in a proprietary interest and a felt responsibility.
186 (8) “Enterprise zone” means an area designated pursuant to
187 s. 290.0065.
188 (9) “Community policing innovation” means techniques or
189 strategies as defined by s. 163.340.
190 Section 4. Section 163.5035, Florida Statutes, is amended
191 to read:
192 163.5035 Safe Neighborhood improvement districts;
193 compliance with special district provisions.—Any special
194 district created pursuant to this part shall comply with all
195 applicable provisions contained in chapter 189. In cases where a
196 provision contained in this part conflicts with a provision in
197 chapter 189, the provision in chapter 189 prevails shall
198 prevail.
199 Section 5. Section 163.504, Florida Statutes, is amended to
200 read:
201 163.504 Safe Neighborhood improvement districts; planning
202 funds.—
203 (1) The governing body of any municipality or county may
204 authorize the formation of safe neighborhood improvement
205 districts through the adoption of an a planning ordinance that
206 which specifies that such districts may be created by one or
207 more of the methods established in ss. 163.506, 163.508,
208 163.511, and 163.512. A No district may not overlap the
209 jurisdictional boundaries of a municipality and the
210 unincorporated area of a county, unless approved except by
211 interlocal agreement.
212 (2) If the governing body of a municipality or county
213 elects to create a safe neighborhood improvement district, it
214 shall be eligible to request a grant from the Safe Neighborhoods
215 Program, created pursuant to s. 163.517 and administered by the
216 Department of Legal Affairs, to prepare a safe neighborhood
217 improvement plan for the district.
218 (3) Municipalities and counties may implement the
219 provisions of this section without planning funds from the
220 Department of Legal Affairs. However, nothing in this section
221 shall be construed to exempt any district from the requirements
222 of providing a safe neighborhood improvement plan pursuant to s.
223 163.516.
224 Section 6. Section 163.5055, Florida Statutes, is amended
225 to read:
226 163.5055 Notice Registration of district establishment;
227 notice of dissolution.—
228 (1)(a) Each neighborhood improvement district authorized
229 and established under this part shall within 30 days thereof
230 notify register with both the Department of Community Affairs
231 and the Department of Legal Affairs by providing these
232 departments with the district’s name, location, size, and type,
233 and such other information as the departments may request
234 require.
235 (2)(b) Each local governing body that which authorizes the
236 dissolution of a district shall notify both the Department of
237 Community Affairs and the Department of Legal Affairs within 30
238 days after the dissolution of the district.
239 (2) This section shall apply to all neighborhood
240 improvement districts established on or after July 1, 1987.
241 Section 7. Section 163.506, Florida Statutes, is amended to
242 read:
243 163.506 Local government neighborhood improvement
244 districts; creation; advisory council; dissolution.—
245 (1) After an a local planning ordinance has been adopted
246 authorizing the creation of local government neighborhood
247 improvement districts, the local governing body of a
248 municipality or county may create local government neighborhood
249 improvement districts by the enactment of a separate ordinance
250 for each district, which ordinance:
251 (a) Specifies the boundaries, size, and name of the
252 district.
253 (b) Authorizes the district to receive grants a planning
254 grant from the department.
255 (c) Authorizes the local government neighborhood
256 improvement district to levy an ad valorem tax on real and
257 personal property of up to 2 mills annually.
258 (d) Authorizes the use of special assessments to support
259 planning and implementation of district improvements pursuant to
260 the provisions of s. 163.514(16), if the district is a
261 residential local government neighborhood improvement district
262 including community policing innovations.
263 (e) Designates the local governing body as the board of
264 directors of the district.
265 (f) Establishes an advisory council to the board of
266 directors comprised of property owners, representatives of
267 property owners, business owners, or residents of the district.
268 (g) May prohibit the use of any district power authorized
269 by s. 163.514.
270 (h) Requires the district to notify the Department of Legal
271 Affairs and the Department of Community Affairs in writing
272 within 30 days after of its establishment within 30 days thereof
273 pursuant to s. 163.5055.
274 (i) Authorizes the district to borrow money, contract for
275 loans, and issue bonds, certificates, warrants, notes, or other
276 evidence of indebtedness to finance the undertaking of any
277 capital or other project for the purposes permitted by the State
278 Constitution and this part and may pledge the funds, credit,
279 property, and taxing power of the improvement district for the
280 payment of such debts and bonds.
281 1. Bonds issued under this part shall be authorized by
282 resolution of the governing board of the district and, if
283 required by the State Constitution, by affirmative vote of the
284 electors of the district. The bonds may be issued in one or more
285 series and shall bear such date, be payable upon demand or
286 mature at such time, bear interest at such rate, be in such
287 denomination, be in such form, registered or not, with or
288 without coupon, carry such conversion or registration
289 privileges, have such rank or priority, be executed in such
290 manner, be payable in such medium of payment, at such place, and
291 subject to such terms of redemption, with or without premium, be
292 secured in such manner, and have such other characteristics as
293 may be provided by such resolution or trust indenture or
294 mortgage issued pursuant to this act.
295 2. The governing body of the district shall determine the
296 terms and manner of sale and distribution or other disposition
297 of any bonds it may issue, consistent with s. 218.385, and shall
298 have all powers necessary and convenient to such disposition.
299 3. The governing body of the district may establish and
300 administer the sinking funds as it deems necessary for the
301 payment, purchase, or redemption of any outstanding bonded
302 indebtedness of the district.
303 4. The governing body of the improvement district may levy
304 ad valorem taxes upon real and tangible personal property within
305 the district as it deems necessary to make payment, including
306 principal and interest, upon the general obligation and ad
307 valorem bonded indebtedness of the district or into any sinking
308 fund created pursuant to this part.
309 5. This part is full authority for the issuance of bonds
310 authorized in this act.
311 (j) Authorizes the district to make and collect special
312 assessments pursuant to ss. 197.3632 and 197.3635 to pay for
313 capital improvements within the district and for reasonable
314 expenses of operating the district, including the payment of
315 expenses included in the district’s budget, if the district is a
316 commercial local government neighborhood improvement district.
317 Such assessments may not exceed $1,500 for each individual
318 parcel of land per year.
319 (k) Authorizes the district to charge, collect, and enforce
320 fees and other user charges.
321 (l) Conditions the exercise of the powers provided in
322 paragraphs (c), (i), and (j) on approval pursuant to a
323 referendum as described in this paragraph.
324 1. Within 45 days after the date the governing body of the
325 municipality or county enacts an ordinance pursuant to this
326 subsection defining the boundaries of the proposed improvement
327 district, the city clerk or the supervisor of elections,
328 whichever is appropriate, shall certify each ordinance or
329 petition and compile a list of the names and last known
330 addresses of the freeholders in the proposed local government
331 neighborhood improvement district from the tax assessment roll
332 of the county applicable as of December 31 in the year preceding
333 the year in which the ordinance was enacted. Except as otherwise
334 provided in this paragraph, the list constitutes the
335 registration list for the purposes of the freeholders’
336 referendum required under this paragraph.
337 2. Within 45 days after compilation of the freeholders’
338 registration list pursuant to subparagraph 1., the city clerk or
339 the supervisor of elections shall notify each such freeholder of
340 the general provisions of this paragraph, including the taxing
341 authority and the date of the upcoming referendum, and the
342 method provided for submitting corrections to the registration
343 list if the status of the freeholder has changed since the
344 compilation of the tax rolls. Notification shall be by United
345 States mail and by publication one time in a newspaper of
346 general circulation in the county or municipality in which the
347 district is located.
348 3. Any freeholder whose name does not appear on the tax
349 rolls compiled pursuant to subparagraph 1. may register to vote
350 with the city clerk or the supervisor of elections. The
351 registration list shall remain open for 75 days after enactment
352 of the ordinance defining the local government neighborhood
353 improvement district.
354 4. Within 15 days after the closing of the registration
355 list, the city clerk or the supervisor of elections shall send a
356 ballot to each registered freeholder at his or her last known
357 mailing address by first-class United States mail. The ballot
358 shall include:
359 a. A description of the general provisions of this
360 paragraph applicable to local government neighborhood
361 improvement districts;
362 b. The assessed value of the freeholder’s property;
363 c. The percent of the freeholder’s interest in such
364 property; and
365 d. Immediately following the information, the following:
366
367 “Do you favor authorizing the .... Local Government
368 Neighborhood Improvement District to levy up to 2
369 mills of ad valorem taxes by such proposed district?
370
371 ....Yes, for authorizing the levy of up to 2 mills of
372 ad valorem taxes by such proposed district.
373
374 ....No, against authorizing the levy of up to 2 mills
375 of ad valorem taxes by such proposed district.”
376
377 “Do you favor authorizing the .... Local Government
378 Neighborhood Improvement District to borrow money,
379 including the issuance of bonds, as provided by s.
380 163.506(1)(i), Florida Statutes?
381
382 ....Yes, for authorizing the borrowing of money for
383 district purposes.
384
385 ....No, against authorizing the borrowing of money for
386 district purposes.”
387
388 “Do you favor authorizing the .... Local Government
389 Neighborhood Improvement District to impose a special
390 assessment of not greater than $1,500 for each
391 individual parcel of land per year to pay for the
392 expenses of operating the neighborhood improvement
393 district and for approved capital improvements?
394
395 ....Yes, for the special assessment.
396
397 ....No, against the special assessment.”
398
399 5. Ballots shall be returned by United States mail or by
400 personal delivery.
401 6. All ballots received within 120 days after enactment of
402 the ordinance shall be tabulated by the city clerk or the
403 supervisor of elections, who shall certify the results thereof
404 to the city council or county commission no later than 5 days
405 after the 120-day period.
406 7. The freeholders are deemed to have approved of the
407 provisions of this paragraph when the city clerk or the
408 supervisor of elections certifies to the governing body of the
409 municipality or county that approval has been given by
410 freeholders representing in excess of 50 percent of the assessed
411 value of the property within the local government neighborhood
412 improvement district.
413 8. The city clerk or the supervisor of elections, whichever
414 is appropriate, shall enclose with each ballot sent pursuant to
415 this paragraph two envelopes: a secrecy envelope, into which the
416 freeholder shall enclose the marked ballot; and a mailing
417 envelope, into which the freeholder shall then place the secrecy
418 envelope, which shall be addressed to the city clerk or the
419 supervisor of elections. The back side of the mailing envelope
420 shall bear a certificate in substantially the following form:
421
422 NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT
423 AND COMPLETING VOTER’S CERTIFICATE.
424
425 VOTER’S CERTIFICATE
426
427 I, ...., am a duly qualified and registered freeholder of
428 the proposed ......(name)...... local government neighborhood
429 improvement district; and I am entitled to vote this ballot. I
430 do solemnly swear or affirm that I have not and will not vote
431 more than one ballot in this election. I understand that failure
432 to sign this certificate and have my signature witnessed will
433 invalidate my ballot.
434
435 ......(Voter’s Signature)...
436
437 NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18 YEARS
438 OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
439 I swear or affirm that the elector signed this voter’s
440 certificate in my presence.
441
442 ......(Signature of Witness)......
443 ......(Address)......(City/State)......
444
445 9. The certificate shall be arranged on the back of the
446 mailing envelope so that the lines for the signatures of the
447 freeholder and the attesting witness are across the seal of the
448 envelope; however, no statement shall appear on the envelope
449 which indicates that a signature of the freeholder or witness
450 must cross the seal of the envelope. The freeholder and the
451 attesting witness shall execute the certificate on the envelope.
452 10. The city clerk or the supervisor of elections shall
453 enclose with each ballot sent to a freeholder pursuant to this
454 paragraph separate printed instructions in substantially the
455 following form:
456
457 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
458
459 a. VERY IMPORTANT. In order to ensure that your ballot will
460 be counted, it should be completed and returned as soon as
461 possible so that it can reach the city clerk or the supervisor
462 of elections no later than 7 p.m. on the (final day of the 120
463 day period given here).
464 b. Mark your ballot in secret as instructed on the ballot.
465 c. Place your marked ballot in the enclosed secrecy
466 envelope.
467 d. Insert the secrecy envelope into the enclosed mailing
468 envelope, which is addressed to the city clerk or the supervisor
469 of elections.
470 e. Seal the mailing envelope and completely fill out the
471 Voter’s Certificate on the back of the mailing envelope.
472 f. VERY IMPORTANT. Sign your name on the line provided for
473 “(Voter’s Signature).”
474 g. VERY IMPORTANT. In order for your ballot to be counted,
475 it must include the signature and address of a witness 18 years
476 of age or older affixed to the voter’s certificate.
477 h. Mail, deliver, or have delivered the completed mailing
478 envelope. Be sure there is sufficient postage affixed to the
479 mailing envelope if mailed.
480 (2) The advisory council shall perform such duties as may
481 be prescribed by the governing body and shall submit within the
482 time period specified by the governing body, acting as the board
483 of directors, a report on the district’s activities and a
484 proposed budget to accomplish its objectives. In formulating a
485 plan for services or improvements, the advisory board shall
486 consult in public session with the appropriate staff or
487 consultants of the local governing body responsible for the
488 district’s plan.
489 (3) As an alternative to designating the local governing
490 body as the board of directors, a majority of the local
491 governing body of a city or county may appoint a board of three
492 to seven directors for the district who shall be residents of
493 the proposed area and who are subject to ad valorem taxation in
494 the residential neighborhood improvement district or who are
495 property owners in a commercial neighborhood improvement
496 district. The directors shall be appointed for staggered terms
497 of 3 years. The initial appointments shall be as follows: one
498 director for a 1-year term; one director for a 2-year term; and
499 one director for a 3-year term. If more than three directors are
500 to be appointed, the additional members shall initially be
501 appointed for 3-year terms. Vacancies shall be filled for the
502 unexpired portion of a term in the same manner as the initial
503 appointments were made. Each director shall hold office until
504 his or her successor is appointed and qualified unless the
505 director ceases to be qualified or is removed from office. Upon
506 appointment and qualification and in January of each year, the
507 directors shall organize by electing from their number a chair
508 and a secretary.
509 (3)(4) A district may be dissolved by the governing body by
510 rescinding the ordinance creating the district. The governing
511 body may rescind shall consider rescinding the ordinance if
512 presented with a petition requesting that it be rescinded.
513 Petitions related to a residential neighborhood improvement
514 district must contain containing the signatures of at least 60
515 percent of the residents. Petitions related to a commercial
516 neighborhood improvement district must contain signatures
517 representing owners of at least 60 percent of the land area of
518 the of a district.
519 Section 8. Section 163.508, Florida Statutes, is amended to
520 read:
521 163.508 Property owners’ association neighborhood
522 improvement districts; creation; powers and duties; duration.—
523 (1) After an a local planning ordinance has been adopted
524 authorizing the creation of property owners’ association
525 neighborhood improvement districts, the local governing body of
526 a municipality or county may create property owners’ association
527 neighborhood improvement districts by the enactment of a
528 separate ordinance for each district, which ordinance:
529 (a) Establishes that an incorporated property owners’
530 association representing 75 percent of all owners of property
531 within a proposed district meeting the requirements of this
532 section has petitioned the governing body of the municipality or
533 county for creation of a district for the area encompassed by
534 the property owned by members of the association.
535 (b) Specifies the boundaries, size, and name of the
536 district.
537 (c) Authorizes the governing body through mutual agreement
538 with the property owners’ association to:
539 1. Request grants a matching grant from the state’s Safe
540 Neighborhoods Program to prepare the first year’s safe
541 neighborhood improvement plan. The provider of the local match
542 for the state grant shall be mutually agreed upon between the
543 governing body and the property owners’ association. The
544 governing body may agree to provide the match as a no-interest
545 bearing loan to be paid back from assessments imposed by the
546 association on its members or shareholders.
547 2. Provide staff and other technical assistance to the
548 property owners’ association on a mutually agreed-upon basis,
549 contractual or otherwise.
550 3. Prepare the first year’s safe neighborhood improvement
551 plan, which shall comply with and be consistent with the
552 governing body’s adopted comprehensive plan.
553 (d) Provides for an audit of the property owners’
554 association.
555 (e) Designates the officers of the incorporated property
556 owners’ association as the board of directors of the district.
557 (f) May prohibit the use of any district power authorized
558 by s. 163.514.
559 (g) Requires the district to notify the Department of Legal
560 Affairs and the Department of Community Affairs in writing
561 within 30 days after of its establishment within 30 days thereof
562 pursuant to s. 163.5055.
563 (2) In order to qualify for the creation of a neighborhood
564 improvement district, the property owners shall form an
565 association in compliance with this section, or use an existing
566 property owners’ association in compliance with this section,
567 which shall be a corporation, for profit or not for profit. At
568 least, and of which not less than 75 percent of all property
569 owners within the proposed area must consent have consented in
570 writing to become members or shareholders. Upon such consent by
571 75 percent of the property owners in the proposed district, all
572 consenting property owners and their successors shall become
573 members of the association and are shall be bound by the
574 provisions of the articles of incorporation, the bylaws of the
575 association, the covenants, the deed restrictions, the
576 indentures, and any other properly promulgated restrictions.
577 Each member of the association shall be have no member or
578 shareholder who is not a bona fide owner of property within the
579 proposed district. Upon receipt of its certificate of
580 incorporation, the property owners’ association shall notify the
581 clerk of the city or county court, whichever is appropriate, in
582 writing, of such incorporation and shall list the names and
583 addresses of the officers of the association.
584 (3) Any incorporated property owners’ association operating
585 pursuant to this part has shall have the power:
586 (a) To negotiate with the governing body of a municipality
587 or county for closing, privatizing, or modifying the rights-of
588 way, and appurtenances thereto, within the district.
589 (b) To use utilize various legal instruments such as
590 covenants, deed restrictions, and indentures to preserve and
591 maintain the integrity of property, land, and rights-of-way
592 owned and conveyed to it within the district.
593 (c) To make and collect assessments against all property
594 within the boundaries of the district pursuant to the provisions
595 of s. 163.514(16) and to lease, maintain, repair, and
596 reconstruct any privatized street, land, or common area within
597 the district upon dedication thereof to the association.
598 (d) Without the joinder of any property owner, to modify,
599 move, or create any easement for ingress and egress or for the
600 purpose of utilities, if such easement constitutes part of or
601 crosses district property. However, this shall not authorize the
602 association may not to modify or move any easement that which is
603 created in whole or in part for the use or benefit of anyone
604 other than association members, or that which crosses the
605 property of anyone other than association members, without the
606 consent or approval of such person as required by law or by the
607 instrument creating the easement. Nothing in This paragraph does
608 not shall affect the rights of ingress or egress of any member
609 of the association.
610 (4) A property owners’ association neighborhood improvement
611 district shall continue in perpetuity as long as the property
612 owners’ association created pursuant to this section exists
613 under the applicable laws of the state.
614 Section 9. Subsections (1), (7), (8), and (10) of section
615 163.511, Florida Statutes, are amended to read:
616 163.511 Special neighborhood improvement districts;
617 creation; referendum; board of directors; duration; extension.—
618 (1) After an a local planning ordinance has been adopted
619 authorizing the creation of special neighborhood improvement
620 districts, the governing body of a municipality or county may
621 declare the need for and create special residential or business
622 neighborhood improvement districts by the enactment of a
623 separate ordinance for each district, which ordinance:
624 (a) Conditions the implementation of the ordinance on the
625 approval of a referendum as provided in subsection (2).
626 (b) Authorizes the special neighborhood improvement
627 district to levy an ad valorem tax on real and personal property
628 of up to 2 mills annually.
629 (c) Authorizes the use of special assessments to support
630 planning and implementation of district improvements pursuant to
631 the provisions of s. 163.514(16), including community policing
632 innovations.
633 (d) Specifies the boundaries, size, and name of the
634 district.
635 (e) Authorizes the district to receive a planning grant
636 from the department.
637 (f) Provides for the appointment of a 3-member board of
638 directors for the district.
639 (g) May authorize a special neighborhood improvement
640 district to exercise the power of eminent domain pursuant to
641 chapters 73 and 74. Any property identified for eminent domain
642 by the district is shall be subject to the approval of the local
643 governing body before eminent domain procedures are exercised.
644 (h) May prohibit the use of any district power authorized
645 by s. 163.514.
646 (i) Requires the district to notify the Department of Legal
647 Affairs and the Department of Community Affairs in writing of
648 its establishment within 30 days thereof pursuant to s.
649 163.5055.
650 (j) May authorize a special neighborhood improvement
651 district to develop and implement community policing innovations
652 in consultation with the local law enforcement agency having
653 jurisdiction within the district boundaries.
654 (7) The business and affairs of a special neighborhood
655 improvement district shall be conducted and administered by A
656 board of three directors who are shall be residents of or
657 property owners within the proposed area and who are subject to
658 ad valorem taxation in the district shall conduct and administer
659 the business and affairs of each special neighborhood
660 improvement district. Upon their initial appointment and
661 qualification and in January of each year thereafter, the
662 directors shall organize by electing from their number a chair
663 and a secretary, and may also employ staff and legal
664 representatives as deemed appropriate, who shall serve at the
665 pleasure of the board and may receive such compensation as shall
666 be fixed by the board. The secretary shall keep a record of the
667 proceedings of the district and shall be custodian of all books
668 and records of the district. The directors may shall not receive
669 any compensation for their services, nor may they be employed by
670 the district.
671 (8) Within 30 days after of the approval of the creation of
672 a special neighborhood improvement district, if the district is
673 in a municipality, a majority of the governing body of the
674 municipality, or if the district is in the unincorporated area
675 of the county, a majority of the county commission, shall
676 appoint the three directors provided for herein for staggered
677 terms of 3 years. The initial appointments shall be as follows:
678 one for a 1-year term, one for a 2-year term, and one for a 3
679 year term. Each director shall hold office until his or her
680 successor is appointed and qualified unless the director ceases
681 to be qualified to act as a director or is removed from office.
682 Vacancies on the board shall be filled for the unexpired portion
683 of a term in the same manner as the initial appointments were
684 made.
685 (10) The governing body of a municipality or county may
686 remove a director for inefficiency, neglect of duty, or
687 misconduct in office only after a hearing and only if he or she
688 has been given a copy of the charges at least 10 days prior to
689 such hearing and has had an opportunity to be heard in person or
690 by counsel. A vacancy so created shall be filled as provided by
691 this section herein.
692 Section 10. Section 163.512, Florida Statutes, is amended
693 to read:
694 163.512 Community redevelopment neighborhood improvement
695 districts; creation; advisory council; dissolution.—
696 (1) Upon the recommendation of the community redevelopment
697 agency and after an a local planning ordinance has been adopted
698 authorizing the creation of community redevelopment neighborhood
699 improvement districts, the local governing body of a
700 municipality or county may create community redevelopment
701 neighborhood improvement districts by the enactment of a
702 separate ordinance for each district, which ordinance:
703 (a) Specifies the boundaries, size, and name of the
704 district.
705 (b) Authorizes the district to receive grants a planning
706 grant from the department.
707 (c) Authorizes the use of the community redevelopment trust
708 fund created pursuant to s. 163.387 for the purposes of
709 implementing the district’s safe neighborhood improvement plan
710 and furthering crime prevention through community policing
711 innovations, environmental design, environmental security, and
712 defensible space techniques, if the expenditures from the
713 community redevelopment trust fund are consistent with the
714 community redevelopment plan created pursuant to s. 163.360.
715 (d) Designates the community redevelopment board of
716 commissioners established pursuant to s. 163.356 or s. 163.357
717 as the board of directors for the district.
718 (e) Establishes an advisory council to the board of
719 directors comprised of property owners or residents of the
720 district.
721 (f) May prohibit the use of any district power authorized
722 by s. 163.514.
723 (g) Requires that the district’s safe neighborhood
724 improvement plan be consistent with the community redevelopment
725 plan created pursuant to s. 163.360, and permits the safe
726 neighborhood improvement plan to be included in the community
727 redevelopment plan as an optional element.
728 (h) Requires that the boundaries of the community
729 redevelopment district be contained in whole within the
730 community redevelopment area established pursuant to ss. 163.355
731 and 163.356.
732 (i) Requires the district to notify the Department of Legal
733 Affairs and the Department of Community Affairs in writing
734 within 30 days after of its establishment within 30 days thereof
735 pursuant to s. 163.5055.
736 (2) The advisory council shall perform such duties as may
737 be prescribed by the community redevelopment board established
738 pursuant to s. 163.356 and shall submit within the time period
739 specified by the board of directors a report on the district’s
740 activities and a proposed budget to accomplish its objectives.
741 In formulating a plan for services or improvements, the advisory
742 council shall consult in public session with the appropriate
743 staff or consultants of the community redevelopment board
744 responsible for the district’s plan.
745 (3) A district may be dissolved by the local governing body
746 by rescinding the ordinance creating the district. The governing
747 body may rescind shall consider rescinding the ordinance if
748 presented with a petition containing the signatures of at least
749 60 percent of the residents of a district.
750 Section 11. Section 163.513, Florida Statutes, is repealed.
751 Section 12. Section 163.514, Florida Statutes, is amended
752 to read:
753 163.514 Powers of neighborhood improvement districts.
754 Unless prohibited by ordinance, the board of any district is
755 shall be empowered to:
756 (1) Enter into contracts and agreements and sue and be sued
757 as a body corporate.
758 (2) Have and use a corporate seal.
759 (3) Acquire, own, convey, or otherwise dispose of, lease as
760 lessor or lessee, construct, maintain, improve, enlarge, raze,
761 relocate, operate, and manage property and facilities of
762 whatever type to which it holds title and grant and acquire
763 licenses, easements, and options with respect thereto.
764 (4) Accept grants and donations of any type of property,
765 labor, or other thing of value from any public or private
766 source.
767 (5) Have exclusive control of funds legally available to
768 it, subject to limitations imposed by law or by any agreement
769 validly entered into by it.
770 (6) Cooperate and contract with other governmental agencies
771 or other public bodies.
772 (7) Contract for services of planners, engineers,
773 attorneys, and other planning consultants, experts on crime
774 prevention through community policing innovations, environmental
775 design, environmental security, or defensible space, or other
776 experts in areas pertaining to the operations of the board of
777 directors or the district.
778 (8) Contract with the county or municipal government for
779 planning assistance, legal advice, and for increased levels of
780 law enforcement protection and security, including additional
781 personnel.
782 (9) Promote and advertise the commercial advantages of the
783 district so as to attract new businesses and encourage the
784 expansion of existing businesses.
785 (10) Promote and advertise the district to the public and
786 engage in cooperative advertising programs with businesses
787 located in the district.
788 (11) Improve, plan, design, construct, operate, provide,
789 and maintain street lighting, parks, streets, drainage,
790 utilities, swales, parking facilities, transit, landscaping, and
791 open areas, and provide safe access to mass transportation
792 facilities in the district.
793 (12) Undertake innovative approaches to securing
794 neighborhoods from crime, such as crime prevention through
795 community policing innovations, environmental design,
796 environmental security, and defensible space.
797 (13) Privatize, close, vacate, plan, or replan streets,
798 roads, sidewalks, and alleys, subject to the concurrence of the
799 local governing body and, if required, the state Department of
800 Transportation.
801 (14) Prepare, adopt, implement, and modify a safe
802 neighborhood improvement plan for the district.
803 (15) Identify areas with blighted influences, including,
804 but not limited to, areas where unlawful urban dumping or
805 graffiti are prevalent, and develop programs for eradication
806 thereof.
807 (16)(a) Subject to referendum approval, and for special,
808 community redevelopment, and property owners’ association
809 neighborhood improvement districts only, make and collect
810 special assessments pursuant to ss. 197.3632 and 197.3635 to pay
811 for improvements to the district and for reasonable expenses of
812 operating the district, including the payment of expenses
813 included in the district’s budget, subject to an affirmative
814 vote by a majority of the registered voters residing in the
815 district. Such assessments shall not exceed $500 for each
816 individual parcel of land per year. Notwithstanding the
817 provisions of s. 101.6102, the referendum to approve the special
818 assessment shall be by mail ballot.
819 (b) In order to implement this subsection, The city clerk
820 or the supervisor of elections, whichever is appropriate, shall
821 compile a list of the names and last known addresses of the
822 electors in the neighborhood improvement district from the list
823 of registered voters of the county as of the last day of the
824 preceding month. The list constitutes same shall constitute the
825 registration list for the purposes of a referendum. Within 45
826 days after compilation of the voter registration list, the city
827 clerk or the supervisor of elections shall notify each elector
828 of the general provisions of this section, including the taxing
829 authority and the date of the upcoming referendum. Notification
830 shall be by United States mail and, in addition thereto, by
831 publication one time in a newspaper of general circulation in
832 the county or municipality in which the district is located.
833 (c) Any resident of the district whose name does not appear
834 on the list compiled pursuant to paragraph (b) may register to
835 vote as provided by law. The registration list shall remain open
836 for 75 days after the notification required in paragraph (b).
837 (d) Within 15 days after the closing of registration, the
838 city clerk or the supervisor of elections shall send a ballot to
839 each elector at his or her last known mailing address by first
840 class United States mail. The ballot shall include:
841 1. A description of the general provisions of this section
842 applicable to the neighborhood improvement district; and
843 2. Immediately following said information, the following:
844
845 “Do you favor the imposition of a special assessment
846 of not greater than $500 for each individual parcel of
847 land per year to pay for the expenses of operating the
848 neighborhood improvement district?
849
850 ....Yes, for the special assessment.
851
852 ....No, against the special assessment.”
853
854 (e) Ballots shall be returned by United States mail or by
855 personal delivery.
856 (f) All ballots received within 60 days after the closing
857 of registration shall be tabulated by the city clerk or the
858 supervisor of elections, who shall certify the results thereof
859 to the city governing body or county commission no later than 5
860 days after the said 60-day period.
861 (17) Exercise all lawful powers incidental to the effective
862 and expedient exercise of the foregoing powers.
863 Section 13. Subsections (3) and (4) of section 163.5151,
864 Florida Statutes, are amended to read:
865 163.5151 Fiscal management; budget preparation.—
866 (3) Each local government and special neighborhood
867 improvement district levying an ad valorem tax on real or
868 personal property shall establish its budget pursuant to the
869 provisions of chapter 200. Before adopting Prior to adoption of
870 the final budget and setting of the millage rate to be levied by
871 the board, the board shall submit a tentative budget and
872 proposed millage rate of the district to the governing body of
873 the municipality in which the district is located, or to the
874 county if the district is located in the unincorporated portion
875 of the county, for approval or disapproval. The Such governing
876 body may shall have the power to modify the budget or millage
877 submitted by the board. Subsequent to approval, the board shall
878 adopt its final budget and millage rate in accordance with the
879 requirements of chapter 200.
880 (4) At the option of the county property appraiser for the
881 county within which the neighborhood improvement district is
882 located, the assessments levied by the district may shall be
883 collected in the same manner as all ad valorem taxes if so
884 requested by the local governing body pursuant to s. 197.363.
885 Section 14. Section 163.516, Florida Statutes, is amended
886 to read:
887 163.516 Safe Neighborhood improvement plans.—
888 (1) A safe neighborhood improvement plan is mandated for
889 all neighborhood improvement districts. The plan must shall
890 contain at least the following elements:
891 (a) Demographics of the district.
892 (b) Crime activity data and analysis.
893 (b)(c) Land use, zoning, housing, and traffic analysis.
894 (d) Determination of the problems of the crime-to
895 environment relationship and the stability of the neighborhood
896 improvement district.
897 (c)(e) Statement of the district’s goal and objectives.
898 (f) Assessment of crime prevention through community
899 policing innovations, environmental design, environmental
900 security, and defensible space strategies and tactics that will
901 be applied to the crime-to-environment relationship problems.
902 (g) Cost estimates and the methods of financing.
903 (h) Outline of program participants and their functions and
904 responsibilities.
905 (i) Schedule for executing program activities.
906 (j) Evaluation guidelines.
907 (2) Every safe neighborhood improvement plan must shall
908 show, by diagram and by general explanation:
909 (a) The Such property as it is intended for use as public
910 parks, recreation areas, streets, public utilities, and public
911 improvements of any nature.
912 (b) Specific identification of any publicly funded capital
913 improvement projects to be undertaken within the district.
914 (c) Adequate assurances that the improvements will be
915 carried out pursuant to the plan.
916 (d) Provision for the retention of controls and the
917 establishment of any restrictions or covenants running with land
918 sold or leased for private use for such periods of time and
919 under such conditions as the governing body of the municipality
920 in which the district is located, or the county if the district
921 is located in the unincorporated portion of the county, deems
922 necessary to effectuate the purposes of this part.
923 (c)(e) Projected costs of improvements, including the
924 amount to be expended on publicly funded capital improvement
925 projects in the district and any indebtedness of the district,
926 the county, or the municipality proposed to be incurred if such
927 indebtedness is to be repaid with district revenues.
928 (f) Promotion of advertising programs to be undertaken by
929 the district or in conjunction with businesses in the district.
930 (g) Suggested physical improvements necessary for the
931 safety of residents in or visitors to the district.
932 (h) Law enforcement and security plans for the district.
933 (3) The safe neighborhood improvement plan must shall:
934 (a) Be consistent with the adopted comprehensive plan for
935 the county or municipality pursuant to the Community Planning
936 Act. A No district plan may not shall be implemented unless the
937 local governing body has determined the said plan is consistent.
938 (b) Be sufficiently complete to indicate any such land
939 acquisition, demolition and removal of structures, street
940 modifications, redevelopment, and rehabilitation as may be
941 proposed to be carried out in the district.
942 (c) Provide some method for and measurement of the
943 reduction of crime within the district.
944 (4) The county, municipality, or district may prepare or
945 cause to be prepared a safe neighborhood improvement plan, or
946 any person or agency, public or private, may submit such a plan
947 to a district. Prior to its consideration of a safe neighborhood
948 improvement plan, the district shall submit such plan to the
949 local governing body for review and written approval as to its
950 consistency with the local government comprehensive plan. The
951 district must be notified of approval or disapproval within 60
952 days after receipt of the plan for review, and a revised version
953 of the plan may be submitted to satisfy any inconsistencies. The
954 district may not proceed with the safe neighborhood improvement
955 plan until final approval is given by the local governing body.
956 (4)(5) Prior to adoption of the safe neighborhood
957 improvement plan, the board shall hold a public hearing on the
958 plan after public notice thereof by publication in a newspaper
959 of general circulation in the county or municipality in which
960 the district is located. The notice shall describe the time,
961 date, place, and purpose of the hearing; identify the boundaries
962 of the district; and outline the general scope of the plan.
963 (5)(6) The board, after the public hearing, may approve the
964 safe neighborhood improvement plan if it finds:
965 (a) The plan is has been approved as consistent with the
966 local comprehensive plan by the local governing body; and
967 (b) The plan will improve the promotion, appearance,
968 safety, security, and public amenities of the neighborhood
969 improvement district as stipulated in s. 163.502.
970 (6)(7) If, at Any time after approval of the safe
971 neighborhood improvement plan, the board may it becomes
972 desirable to amend or modify the plan, the board may do so.
973 Before the plan may be amended or modified Prior to any such
974 amendment or modification, the board shall obtain written
975 approval of the local governing body concerning conformity to
976 the local government comprehensive plan and hold a public
977 hearing on the proposed amendment or modification after public
978 notice thereof by publication in a newspaper of general
979 circulation in the county or municipality in which the district
980 is located. The notice shall describe the time, place, and
981 purpose of the hearing and generally describe the proposed
982 amendment or modification.
983 (8) Pursuant to s. 163.3184, the governing body of a
984 municipality or county shall hold two public hearings to
985 consider the board-adopted safe neighborhood improvement plan as
986 an amendment or modification to the municipality’s or county’s
987 adopted local comprehensive plan.
988 (9) A safe neighborhood improvement plan for each district
989 shall be prepared and adopted by the municipality or county
990 prior to the levy and expenditure of any of the proceeds of any
991 tax assessment or fee authorized to such districts other than
992 for the preparation of the safe community or business
993 improvement plan.
994 Section 15. Section 163.517, Florida Statutes, is repealed.
995 Section 16. Section 163.519, Florida Statutes, is repealed.
996 Section 17. Section 163.521, Florida Statutes, is repealed.
997 Section 18. Section 163.5215, Florida Statutes, is
998 repealed.
999 Section 19. Section 163.522, Florida Statutes, is repealed.
1000 Section 20. Section 163.523, Florida Statutes, is repealed.
1001 Section 21. Section 163.524, Florida Statutes, is repealed.
1002 Section 22. Section 163.526, Florida Statutes, is repealed.
1003 Section 23. Paragraph (a) of subsection (6) of section
1004 163.3182, Florida Statutes, is amended to read:
1005 163.3182 Transportation deficiencies.—
1006 (6) EXEMPTIONS.—
1007 (a) The following public bodies or taxing authorities are
1008 exempt from this section:
1009 1. A special district that levies ad valorem taxes on
1010 taxable real property in more than one county.
1011 2. A special district for which the sole available source
1012 of revenue is the authority to levy ad valorem taxes at the time
1013 an ordinance is adopted under this section. However, revenues or
1014 aid that may be dispensed or appropriated to a district as
1015 defined in s. 388.011 at the discretion of an entity other than
1016 such district are not deemed available.
1017 3. A library district.
1018 4. A neighborhood improvement district created under the
1019 Neighborhood Improvement Safe Neighborhoods Act.
1020 5. A metropolitan transportation authority.
1021 6. A water management district created under s. 373.069.
1022 7. A community redevelopment agency.
1023 Section 24. Paragraph (c) of subsection (2) of section
1024 163.387, Florida Statutes, is amended to read:
1025 163.387 Redevelopment trust fund.—
1026 (2)
1027 (c) The following public bodies or taxing authorities are
1028 exempt from paragraph (a):
1029 1. A special district that levies ad valorem taxes on
1030 taxable real property in more than one county.
1031 2. A special district for which the sole available source
1032 of revenue the district has the authority to levy is ad valorem
1033 taxes at the time an ordinance is adopted under this section.
1034 However, revenues or aid that may be dispensed or appropriated
1035 to a district as defined in s. 388.011 at the discretion of an
1036 entity other than such district shall not be deemed available.
1037 3. A library district, except a library district in a
1038 jurisdiction where the community redevelopment agency had
1039 validated bonds as of April 30, 1984.
1040 4. A neighborhood improvement district created under the
1041 Neighborhood Improvement Safe Neighborhoods Act.
1042 5. A metropolitan transportation authority.
1043 6. A water management district created under s. 373.069.
1044 Section 25. This act shall take effect July 1, 2012.