Florida Senate - 2012                              CS for SB 582
       
       
       
       By the Committee on Community Affairs; and Senator Simmons
       
       
       
       
       578-01519-12                                           2012582c1
    1                        A bill to be entitled                      
    2         An act relating to neighborhood improvement districts;
    3         amending ss. 163.2511, 163.2517, 163.3182, 163.3246,
    4         and 163.387, F.S.; conforming provisions to changes
    5         made by the act; amending s. 163.501, F.S.; renaming
    6         the “Safe Neighborhoods Act” as the “Neighborhoods
    7         Improvement Act”; amending s. 163.502, F.S.; revising
    8         legislative findings and purpose; amending s. 163.503,
    9         F.S.; revising and deleting definitions; amending s.
   10         163.5035, F.S.; conforming provisions to changes made
   11         by the act; amending s. 163.504, F.S.; authorizing the
   12         governing body of any municipality or county to form a
   13         neighborhood improvement district through the adoption
   14         of an ordinance rather than by a planning ordinance;
   15         removing provisions pertaining to the creation and
   16         funding of safe neighborhood improvement districts;
   17         amending s. 163.5055, F.S.; requiring each
   18         neighborhood improvement district authorized under law
   19         to notify the Department of Economic Opportunity and
   20         the Department of Legal Affairs of its existence
   21         rather than to register with such departments;
   22         amending s. 163.506, F.S.; revising provisions
   23         authorizing a local governing body to create a local
   24         government neighborhood improvement district;
   25         specifying that the ordinance may authorize the
   26         improvement district to borrow money, contract loans,
   27         and issue bonds; authorizing the governing body of the
   28         improvement district to levy ad valorem taxes upon
   29         real and tangible personal property within the
   30         district; authorizing the district to make and collect
   31         special assessments; conditioning the exercise of
   32         power by the local government neighborhood improvement
   33         district to borrow money, contract loans, issue bonds,
   34         charge, collect, and enforce fees, make and collect
   35         special assessments, and levy ad valorem taxes upon
   36         real and tangible personal property within the
   37         district upon the approval of a referendum by the
   38         freeholders of the district; providing ballot
   39         requirements; 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.; revising the powers of
   61         neighborhood improvement districts; allowing the
   62         district to contract with legal counsel and other
   63         needed professionals; authorizing the district 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 and a special neighborhood improvement
   68         district to prepare its budget in a specified manner
   69         if levying an ad valorem tax on real or personal
   70         property; amending s. 163.516, F.S.; requiring
   71         neighborhood improvement plans to be created for each
   72         improvement district; revising the contents of the
   73         neighborhood improvement district’s plan; repealing s.
   74         163.517, F.S., relating to the Safe Neighborhoods
   75         Program; repealing s. 163.519, F.S., relating to the
   76         duties of the Department of Legal Affairs relating to
   77         neighborhood improvement districts; repealing s.
   78         163.521, F.S., relating to funding for a neighborhood
   79         improvement district inside an enterprise zone;
   80         repealing s. 163.5215, F.S., relating to the effect
   81         and construction of existing laws relating to
   82         neighborhood improvement districts; repealing s.
   83         163.522, F.S., relating to state redevelopment
   84         programs; repealing s. 163.523, F.S., relating to
   85         cooperation and involvement of community organizations
   86         in the creation of safe neighborhood improvement
   87         districts; repealing s. 163.524, F.S., relating to
   88         participation in the Neighborhood Preservation and
   89         Enhancement Program; repealing s. 163.526, F.S.,
   90         relating to powers and duties of the Neighborhood
   91         Councils and the designated agency of the local
   92         government; amending ss. 376.84, 775.083, and
   93         932.7055, F.S.; conforming provisions to changes made
   94         by the act; providing an effective date.
   95  
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Paragraph (d) of subsection (2) of section
   99  163.2511, Florida Statutes, is amended to read:
  100         163.2511 Urban infill and redevelopment.—
  101         (2) It is declared that:
  102         (d) State urban policies should guide the state, regional
  103  agencies, local governments, and the private sector in
  104  preserving and redeveloping existing urban cores and promoting
  105  the adequate provision of infrastructure, human services,
  106  neighborhood improvement safe neighborhoods, educational
  107  facilities, and economic development to sustain these cores into
  108  the future.
  109         Section 2. Paragraph (c) of subsection (3) of section
  110  163.2517, Florida Statutes, is amended to read:
  111         163.2517 Designation of urban infill and redevelopment
  112  area.—
  113         (3) A local government seeking to designate a geographic
  114  area within its jurisdiction as an urban infill and
  115  redevelopment area shall prepare a plan that describes the
  116  infill and redevelopment objectives of the local government
  117  within the proposed area. In lieu of preparing a new plan, the
  118  local government may demonstrate that an existing plan or
  119  combination of plans associated with a community redevelopment
  120  area, Florida Main Street program, Front Porch Florida
  121  Community, sustainable community, enterprise zone, or
  122  neighborhood improvement district includes the factors listed in
  123  paragraphs (a)-(n), including a collaborative and holistic
  124  community participation process, or amend such existing plans to
  125  include these factors. The plan shall demonstrate the local
  126  government and community’s commitment to comprehensively address
  127  the urban problems within the urban infill and redevelopment
  128  area and identify activities and programs to accomplish locally
  129  identified goals such as code enforcement; improved educational
  130  opportunities; reduction in crime; neighborhood revitalization
  131  and preservation; provision of infrastructure needs, including
  132  mass transit and multimodal linkages; and mixed-use planning to
  133  promote multifunctional redevelopment to improve both the
  134  residential and commercial quality of life in the area. The plan
  135  shall also:
  136         (c) Identify and map existing enterprise zones, community
  137  redevelopment areas, community development corporations,
  138  brownfield areas, downtown redevelopment districts, safe
  139  neighborhood improvement districts, historic preservation
  140  districts, and empowerment zones or enterprise communities
  141  located within the area proposed for designation as an urban
  142  infill and redevelopment area and provide a framework for
  143  coordinating infill and redevelopment programs within the urban
  144  core.
  145         Section 3. Paragraph (a) of subsection (6) of section
  146  163.3182, Florida Statutes, is amended to read:
  147         163.3182 Transportation deficiencies.—
  148         (6) EXEMPTIONS.—
  149         (a) The following public bodies or taxing authorities are
  150  exempt from this section:
  151         1. A special district that levies ad valorem taxes on
  152  taxable real property in more than one county.
  153         2. A special district for which the sole available source
  154  of revenue is the authority to levy ad valorem taxes at the time
  155  an ordinance is adopted under this section. However, revenues or
  156  aid that may be dispensed or appropriated to a district as
  157  defined in s. 388.011 at the discretion of an entity other than
  158  such district are not deemed available.
  159         3. A library district.
  160         4. A neighborhood improvement district created under the
  161  Safe Neighborhoods Improvement Act.
  162         5. A metropolitan transportation authority.
  163         6. A water management district created under s. 373.069.
  164         7. A community redevelopment agency.
  165         Section 4. Paragraph (e) of subsection (2) of section
  166  163.3246, Florida Statutes, is amended to read:
  167         163.3246 Local government comprehensive planning
  168  certification program.—
  169         (2) In order to be eligible for certification under the
  170  program, the local government must:
  171         (e) Demonstrate that it has adopted programs in its local
  172  comprehensive plan and land development regulations which:
  173         1. Promote infill development and redevelopment, including
  174  prioritized and timely permitting processes in which
  175  applications for local development permits within the
  176  certification area are acted upon expeditiously for proposed
  177  development that is consistent with the local comprehensive
  178  plan.
  179         2. Promote the development of housing for low-income and
  180  very-low-income households or specialized housing to assist
  181  elderly and disabled persons to remain at home or in independent
  182  living arrangements.
  183         3. Achieve effective intergovernmental coordination and
  184  address the extrajurisdictional effects of development within
  185  the certified area.
  186         4. Promote economic diversity and growth while encouraging
  187  the retention of rural character, where rural areas exist, and
  188  the protection and restoration of the environment.
  189         5. Provide and maintain public urban and rural open space
  190  and recreational opportunities.
  191         6. Manage transportation and land uses to support public
  192  transit and promote opportunities for pedestrian and
  193  nonmotorized transportation.
  194         7. Use design principles to foster individual community
  195  identity, create a sense of place, and promote pedestrian
  196  oriented safe neighborhoods and town centers.
  197         8. Redevelop blighted areas.
  198         9. Adopt a local mitigation strategy and have programs to
  199  improve disaster preparedness and the ability to protect lives
  200  and property, especially in coastal high-hazard areas.
  201         10. Encourage clustered, mixed-use development that
  202  incorporates greenspace and residential development within
  203  walking distance of commercial development.
  204         11. Encourage urban infill at appropriate densities and
  205  intensities and separate urban and rural uses and discourage
  206  urban sprawl while preserving public open space and planning for
  207  buffer-type land uses and rural development consistent with
  208  their respective character along and outside the certification
  209  area.
  210         12. Assure protection of key natural areas and agricultural
  211  lands that are identified using state and local inventories of
  212  natural areas. Key natural areas include, but are not limited
  213  to:
  214         a. Wildlife corridors.
  215         b. Lands with high native biological diversity, important
  216  areas for threatened and endangered species, species of special
  217  concern, migratory bird habitat, and intact natural communities.
  218         c. Significant surface waters and springs, aquatic
  219  preserves, wetlands, and outstanding Florida waters.
  220         d. Water resources suitable for preservation of natural
  221  systems and for water resource development.
  222         e. Representative and rare native Florida natural systems.
  223         13. Ensure the cost-efficient provision of public
  224  infrastructure and services.
  225         Section 5. Paragraph (c) of subsection (2) of section
  226  163.387, Florida Statutes, is amended to read:
  227         163.387 Redevelopment trust fund.—
  228         (2)
  229         (c) The following public bodies or taxing authorities are
  230  exempt from paragraph (a):
  231         1. A special district that levies ad valorem taxes on
  232  taxable real property in more than one county.
  233         2. A special district for which the sole available source
  234  of revenue the district has the authority to levy is ad valorem
  235  taxes at the time an ordinance is adopted under this section.
  236  However, revenues or aid that may be dispensed or appropriated
  237  to a district as defined in s. 388.011 at the discretion of an
  238  entity other than such district shall not be deemed available.
  239         3. A library district, except a library district in a
  240  jurisdiction where the community redevelopment agency had
  241  validated bonds as of April 30, 1984.
  242         4. A neighborhood improvement district created under the
  243  Safe Neighborhoods Improvement Act.
  244         5. A metropolitan transportation authority.
  245         6. A water management district created under s. 373.069.
  246         Section 6. Section 163.501, Florida Statutes, is amended to
  247  read:
  248         163.501 Short title.—This part may be cited as the “Safe
  249  Neighborhoods Improvement Act.”
  250         Section 7. Section 163.502, Florida Statutes, is amended to
  251  read:
  252         163.502 Safe Neighborhoods improvement; legislative
  253  findings and purpose.—
  254         (1) The Legislature hereby finds and declares that among
  255  the many causes of deterioration in the business and residential
  256  neighborhoods of the state are the following: proliferation of
  257  crime, automobile traffic flow strangled by outmoded street
  258  patterns, unsuitable topography, faulty lot layouts,
  259  fragmentation of land uses and parking areas necessitating
  260  frequent automobile movement, lack of separation of pedestrian
  261  areas from automobile traffic, lack of separation of vehicle
  262  traffic lanes and railroad traffic, and excessive noise levels
  263  from automobile traffic, and lack of adequate public
  264  improvements such as streets, street lights, street furniture,
  265  street landscaping, sidewalks, traffic signals, way-finding
  266  signs, mass transit, stormwater systems, and other public
  267  utilities and improvements.
  268         (2) The Legislature further finds and declares that healthy
  269  and vibrant safe neighborhoods are the product of planning and
  270  implementation of appropriate environmental design concepts,
  271  comprehensive planning crime prevention programs, land use
  272  recommendations, and beautification techniques.
  273         (3) The Legislature further finds and declares that the
  274  provisions of this part and the powers granted to local
  275  governments, property owners’ associations, special dependent
  276  districts, and community redevelopment neighborhood improvement
  277  districts are desirable to guide and accomplish the coordinated,
  278  balanced, and harmonious development of healthy and vibrant safe
  279  neighborhoods; to promote the health, safety, and general
  280  welfare of these areas and their inhabitants, visitors, property
  281  owners, and workers; to establish, maintain, and preserve
  282  property values and preserve and foster the development of
  283  attractive neighborhood and business environments; to prevent
  284  overcrowding and congestion; and to improve or redirect
  285  automobile traffic and provide pedestrian safety; to reduce
  286  crime rates and the opportunities for the commission of crime;
  287  and to provide improvements in neighborhoods so they are
  288  defensible against crime.
  289         (4) It is the intent of the Legislature to assist local
  290  governments in implementing plans that improve the employ crime
  291  prevention through community policing innovations, environmental
  292  design, environmental security, and defensible space techniques
  293  to establish safe neighborhoods of this state. The Legislature,
  294  therefore, declares that the development, redevelopment,
  295  preservation, and revitalization of neighborhoods in this state,
  296  and all the purposes of this part, are public purposes for which
  297  public money may be borrowed, expended, loaned, and granted.
  298         Section 8. Section 163.503, Florida Statutes, is amended to
  299  read:
  300         163.503 Safe neighborhoods; Definitions.—
  301         (1) “Safe Neighborhood improvement district,” “district,”
  302  or “neighborhood improvement district” means a district located
  303  in an area in which more than 75 percent of the land is used for
  304  residential purposes, or in an area in which more than 75
  305  percent of the land is used for commercial, office, business, or
  306  industrial purposes, excluding the land area used for public
  307  facilities, and where there is a plan to reduce crime through
  308  the implementation of crime prevention through environmental
  309  design, environmental security, or defensible space techniques,
  310  or through community policing innovations. Nothing in This
  311  section does not shall preclude the inclusion of public land in
  312  a neighborhood improvement district although the amount of land
  313  used for public facilities is excluded from the land use acreage
  314  calculations.
  315         (2) “Association” means a property owners’ association
  316  which is incorporated for the purpose of creating and operating
  317  a neighborhood improvement district.
  318         (3) “Department” means the Department of Legal Affairs.
  319         (4) “Board” means the board of directors of a neighborhood
  320  improvement district, which may be the governing body of a
  321  municipality or county or the officers of a property owners’
  322  association or the board of directors of a special neighborhood
  323  improvement district or community redevelopment neighborhood
  324  improvement district.
  325         (5) “Environmental security” means an urban planning and
  326  design process which integrates crime prevention with
  327  neighborhood design and community development.
  328         (6) “Crime prevention through environmental design” means
  329  the planned use of environmental design concepts such as natural
  330  access control, natural surveillance, and territorial
  331  reinforcement in a neighborhood or community setting which is
  332  designed to reduce criminal opportunity and foster positive
  333  social interaction among the legitimate users of that setting.
  334         (7) “Defensible space” means an architectural perspective
  335  on crime prevention through physical design of the environment
  336  to create the ability to monitor and control the environment
  337  along individual perceived zones of territorial influence that
  338  result in a proprietary interest and a felt responsibility.
  339         (8) “Enterprise zone” means an area designated pursuant to
  340  s. 290.0065.
  341         (9) “Community policing innovation” means techniques or
  342  strategies as defined by s. 163.340.
  343         Section 9. Section 163.5035, Florida Statutes, is amended
  344  to read:
  345         163.5035 Safe Neighborhood improvement districts;
  346  compliance with special district provisions.—Any special
  347  district created pursuant to this part shall comply with all
  348  applicable provisions contained in chapter 189. In cases where a
  349  provision contained in this part conflicts with a provision in
  350  chapter 189, the provision in chapter 189 shall prevail.
  351         Section 10. Section 163.504, Florida Statutes, is amended
  352  to read:
  353         163.504 Safe Neighborhood improvement districts; planning
  354  funds.—
  355         (1) The governing body of any municipality or county may
  356  authorize the formation of safe neighborhood improvement
  357  districts through the adoption of an a planning ordinance that
  358  which specifies that such districts may be created by one or
  359  more of the methods established in ss. 163.506, 163.508,
  360  163.511, and 163.512. A No district may not overlap the
  361  jurisdictional boundaries of a municipality and the
  362  unincorporated area of a county, unless approved except by
  363  interlocal agreement.
  364         (2) If the governing body of a municipality or county
  365  elects to create a safe neighborhood improvement district, it
  366  shall be eligible to request a grant from the Safe Neighborhoods
  367  Program, created pursuant to s. 163.517 and administered by the
  368  Department of Legal Affairs, to prepare a safe neighborhood
  369  improvement plan for the district.
  370         (3) Municipalities and counties may implement the
  371  provisions of this section without planning funds from the
  372  Department of Legal Affairs. However, nothing in this section
  373  shall be construed to exempt any district from the requirements
  374  of providing a safe neighborhood improvement plan pursuant to s.
  375  163.516.
  376         Section 11. Section 163.5055, Florida Statutes, is amended
  377  to read:
  378         163.5055 Notice Registration of district establishment;
  379  notice of dissolution.—
  380         (1)(a) Each neighborhood improvement district authorized
  381  and established under this part shall within 30 days thereof
  382  notify register with both the Department of Economic Opportunity
  383  Community Affairs and the Department of Legal Affairs by
  384  providing these departments with the district’s name, location,
  385  size, and type, and such other information as the departments
  386  may request require.
  387         (2)(b) Each local governing body that which authorizes the
  388  dissolution of a district shall notify both the Department of
  389  Economic Opportunity Community Affairs and the Department of
  390  Legal Affairs within 30 days after the dissolution of the
  391  district.
  392         (2) This section shall apply to all neighborhood
  393  improvement districts established on or after July 1, 1987.
  394         Section 12. Section 163.506, Florida Statutes, is amended
  395  to read:
  396         163.506 Local government neighborhood improvement
  397  districts; creation; advisory council; dissolution.—
  398         (1) After an a local planning ordinance has been adopted
  399  authorizing the creation of local government neighborhood
  400  improvement districts, the local governing body of a
  401  municipality or county may create local government neighborhood
  402  improvement districts by the enactment of a separate ordinance
  403  for each district, which ordinance:
  404         (a) Specifies the boundaries, size, and name of the
  405  district.
  406         (b) Authorizes the district to receive grants a planning
  407  grant from the department.
  408         (c) Authorizes the local government neighborhood
  409  improvement district to levy an ad valorem tax on real and
  410  personal property of up to 2 mills annually.
  411         (d) Authorizes the use of special assessments to support
  412  planning and implementation of district improvements pursuant to
  413  the provisions of s. 163.514(16), if the district is a
  414  residential local government neighborhood improvement district
  415  including community policing innovations.
  416         (e) Designates the local governing body as the board of
  417  directors of the district.
  418         (f) Establishes an advisory council to the board of
  419  directors comprised of property owners, representatives of
  420  property owners, business owners, or residents of the district.
  421         (g) May prohibit the use of any district power authorized
  422  by s. 163.514.
  423         (h) Requires the district to notify the Department of Legal
  424  Affairs and the Department of Economic Opportunity Community
  425  Affairs in writing of its establishment within 30 days thereof
  426  pursuant to s. 163.5055.
  427         (i) Authorizes the district to borrow money, contract
  428  loans, and issue bonds, certificates, warrants, notes, or other
  429  evidence of indebtedness from time to time to finance the
  430  undertaking of any capital or other project for the purposes
  431  permitted by the State Constitution and this part and pledge the
  432  funds, credit, property, and taxing power of the improvement
  433  district for the payment of such debts and bonds.
  434         1. Bonds issued under this part shall be authorized by
  435  resolution of the governing board of the district and, if
  436  required by the State Constitution, by affirmative vote of the
  437  electors of the district. Such bonds may be issued in one or
  438  more series and shall bear such date or dates, be payable upon
  439  demand or mature at such time or times, bear interest at such
  440  rate or rates, be in such denomination or denominations, be in
  441  such form, registered or not, with or without coupon, carry such
  442  conversion or registration privileges, have such rank or
  443  priority, be executed in such manner, be payable in such medium
  444  of payment, at such place or places, and subject to such terms
  445  of redemption, with or without premium, be secured in such
  446  manner, and have such other characteristics as may be provided
  447  by such resolution or trust indenture or mortgage issued
  448  pursuant thereto.
  449         2. The governing body of the district shall determine the
  450  terms and manner of sale and distribution or other disposition
  451  of any and all bonds it may issue, consistent with s. 218.385,
  452  and shall have any and all powers necessary and convenient to
  453  such disposition.
  454         3. The governing body of the district may establish and
  455  administer such sinking funds as it deems necessary or
  456  convenient for the payment, purchase, or redemption of any
  457  outstanding bonded indebtedness of the district.
  458         4. The governing body of the improvement district may levy
  459  ad valorem taxes upon real and tangible personal property within
  460  the district as it deems necessary to make payment, including
  461  principal and interest, upon the general obligation and ad
  462  valorem bonded indebtedness of the district or into any sinking
  463  fund created pursuant to this part.
  464         5. This part shall be full authority for the issuance of
  465  bonds authorized herein.
  466         (j) Authorizes the district to make and collect special
  467  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  468  capital improvements within the district and for reasonable
  469  expenses of operating the district, including the payment of
  470  expenses included in the district’s budget, if the district is a
  471  commercial local government neighborhood improvement district.
  472  Such assessments may not exceed $1,500 for each individual
  473  parcel of land per year.
  474         (k) Authorizes the district to charge, collect, and enforce
  475  fees and other user charges.
  476         (l) Conditions the exercise of the powers provided in
  477  paragraphs (c), (i), and (j) on approval pursuant to a
  478  referendum as described in this paragraph:
  479         1. Within 45 days after the date the governing body of the
  480  municipality or county enacts an ordinance pursuant to this
  481  subsection defining the boundaries of the proposed improvement
  482  district, the city clerk or the supervisor of elections,
  483  whichever is appropriate, shall certify such ordinance or
  484  petition and compile a list of the names and last known
  485  addresses of the freeholders in the proposed local government
  486  neighborhood improvement district from the tax assessment roll
  487  of the county applicable as of December 31 in the year preceding
  488  the year in which the ordinance was enacted. Except as otherwise
  489  provided in this paragraph, the list shall constitute the
  490  registration list for the purposes of the freeholders’
  491  referendum required under this paragraph.
  492         2. Within 45 days after compilation of the freeholders’
  493  registration list pursuant to subparagraph 1., the city clerk or
  494  the supervisor of elections shall notify each such freeholder of
  495  the general provisions of this paragraph, including the taxing
  496  authority and the date of the upcoming referendum, and the
  497  method provided for submitting corrections to the registration
  498  list if the status of the freeholder has changed since the
  499  compilation of the tax rolls. Notification shall be by first
  500  class United States mail and, in addition thereto, by
  501  publication one time in a newspaper of general circulation in
  502  the county or municipality in which the district is located.
  503         3. Any freeholder whose name does not appear on the tax
  504  rolls compiled pursuant to subparagraph 1. may register to vote
  505  with the city clerk or the supervisor of elections. The
  506  registration list shall remain open for 75 days after enactment
  507  of the ordinance defining the local government neighborhood
  508  improvement district.
  509         4. Within 15 days after the closing of the registration
  510  list, the city clerk or the supervisor of elections shall send a
  511  ballot to each registered freeholder at his or her last known
  512  mailing address by first-class United States mail. The ballot
  513  shall include:
  514         a. A description of the general provisions of this
  515  paragraph applicable to local government neighborhood
  516  improvement districts;
  517         b. The assessed value of the freeholder’s property;
  518         c. The percent of the freeholder’s interest in such
  519  property; and
  520         d. Immediately following the information required in sub
  521  subparagraphs a.-c., the following:
  522  
  523         “Do you favor authorizing the .... Local Government
  524  Neighborhood Improvement District to levy up to 2 mills of ad
  525  valorem taxes by such proposed district?
  526  
  527         ....Yes, for authorizing the levy of up to 2 mills of ad
  528  valorem taxes by such proposed district.
  529  
  530         ....No, against authorizing the levy of up to 2 mills of ad
  531  valorem taxes by such proposed district.”
  532  
  533         “Do you favor authorizing the .... Local Government
  534  Neighborhood Improvement District to borrow money, including the
  535  issuance of bonds, as provided by s. 163.506(1)(i)?
  536  
  537         ....Yes, for authorizing the borrowing of money for
  538  district purposes.
  539  
  540         ....No, against authorizing the borrowing of money for
  541  district purposes.”
  542  
  543         “Do you favor authorizing the .... Local Government
  544  Neighborhood Improvement District to impose a special assessment
  545  of not greater than $1,500 for each individual parcel of land
  546  per year to pay for the expenses of operating the neighborhood
  547  improvement district and for approved capital improvements?
  548  
  549         ....Yes, for the special assessment.
  550  
  551         ....No, against the special assessment.”
  552  
  553         5. Ballots shall be returned by first-class United States
  554  mail or by personal delivery.
  555         6. All ballots received within 120 days after enactment of
  556  the ordinance shall be tabulated by the city clerk or the
  557  supervisor of elections, who shall certify the results thereof
  558  to the city council or county commission no later than 5 days
  559  after the 120-day period.
  560         7. The freeholders shall be deemed to have approved of the
  561  provisions of this paragraph at such time as the city clerk or
  562  the supervisor of elections certifies to the governing body of
  563  the municipality or county that approval has been given by
  564  freeholders representing in excess of 50 percent of the assessed
  565  value of the property within the local government neighborhood
  566  improvement district.
  567         8. The city clerk or the supervisor of elections, whichever
  568  is appropriate, shall enclose with each ballot sent pursuant to
  569  this paragraph two envelopes: a secrecy envelope, into which the
  570  freeholder shall enclose the marked ballot; and a mailing
  571  envelope, into which the freeholder shall then place the secrecy
  572  envelope, which shall be addressed to the city clerk or the
  573  supervisor of elections. The back side of the mailing envelope
  574  shall bear a certificate in substantially the following form:
  575  
  576   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  577                 AND COMPLETING VOTER’S CERTIFICATE.               
  578  
  579                         VOTER’S CERTIFICATE                       
  580  
  581         I, ...., am a duly qualified and registered freeholder of
  582  the proposed ...(name)... local government neighborhood
  583  improvement district; and I am entitled to vote this ballot. I
  584  do solemnly swear or affirm that I have not and will not vote
  585  more than one ballot in this election. I understand that failure
  586  to sign this certificate and have my signature witnessed will
  587  invalidate my ballot.
  588  
  589         ...(Voter’s Signature)...
  590  
  591         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  592  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  593         I swear or affirm that the elector signed this voter’s
  594  certificate in my presence.
  595  
  596         ...(Signature of Witness)...
  597         ...(Address)...(City/State)...
  598  
  599         9. The certificate shall be arranged on the back of the
  600  mailing envelope so that the lines for the signatures of the
  601  freeholder and the attesting witness are across the seal of the
  602  envelope; however, no statement shall appear on the envelope
  603  which indicates that a signature of the freeholder or witness
  604  must cross the seal of the envelope. The freeholder and the
  605  attesting witness shall execute the certificate on the envelope.
  606         10. The city clerk or the supervisor of elections shall
  607  enclose with each ballot sent to a freeholder pursuant to this
  608  paragraph separate printed instructions in substantially the
  609  following form:
  610  
  611      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  612  
  613         a. VERY IMPORTANT. In order to ensure that your ballot will
  614  be counted, it should be completed and returned as soon as
  615  possible so that it can reach the city clerk or the supervisor
  616  of elections no later than 7 p.m. on the (final day of the 120
  617  day period given here).
  618         b. Mark your ballot in secret as instructed on the ballot.
  619         c. Place your marked ballot in the enclosed secrecy
  620  envelope.
  621         d. Insert the secrecy envelope into the enclosed mailing
  622  envelope, which is addressed to the city clerk or the supervisor
  623  of elections.
  624         e. Seal the mailing envelope and completely fill out the
  625  Voter’s Certificate on the back of the mailing envelope.
  626         f. VERY IMPORTANT. Sign your name on the line provided for
  627  “(Voter’s Signature).”
  628         g. VERY IMPORTANT. In order for your ballot to be counted,
  629  it must include the signature and address of a witness 18 years
  630  of age or older affixed to the Voter’s Certificate.
  631         h. Mail, deliver, or have delivered the completed mailing
  632  envelope. Be sure there is sufficient postage if mailed.
  633         (2) The advisory council shall perform such duties as may
  634  be prescribed by the governing body and shall submit within the
  635  time period specified by the governing body, acting as the board
  636  of directors, a report on the district’s activities and a
  637  proposed budget to accomplish its objectives. In formulating a
  638  plan for services or improvements the advisory board shall
  639  consult in public session with the appropriate staff or
  640  consultants of the local governing body responsible for the
  641  district’s plan.
  642         (3) As an alternative to designating the local governing
  643  body as the board of directors, a majority of the local
  644  governing body of a city or county may appoint a board of three
  645  to seven directors for the district who shall be residents of
  646  the proposed area and who are subject to ad valorem taxation in
  647  the residential neighborhood improvement district or who are
  648  property owners in a commercial neighborhood improvement
  649  district. The directors shall be appointed for staggered terms
  650  of 3 years. The initial appointments shall be as follows: one
  651  director for a 1-year term; one director for a 2-year term; and
  652  one director for a 3-year term. If more than three directors are
  653  to be appointed, the additional members shall initially be
  654  appointed for 3-year terms. Vacancies shall be filled for the
  655  unexpired portion of a term in the same manner as the initial
  656  appointments were made. Each director shall hold office until
  657  his or her successor is appointed and qualified unless the
  658  director ceases to be qualified or is removed from office. Upon
  659  appointment and qualification and in January of each year, the
  660  directors shall organize by electing from their number a chair
  661  and a secretary.
  662         (3)(4) A district may be dissolved by the governing body by
  663  rescinding the ordinance creating the district. The governing
  664  body may rescind shall consider rescinding the ordinance if
  665  presented with a petition requesting that it be rescinded.
  666  Petitions related to a residential neighborhood improvement
  667  district must contain containing the signatures of 60 percent of
  668  the residents. Petitions related to a commercial neighborhood
  669  improvement district must contain signatures representing owners
  670  of 60 percent of the land area of the of a district.
  671         Section 13. Section 163.508, Florida Statutes, is amended
  672  to read:
  673         163.508 Property owners’ association neighborhood
  674  improvement districts; creation; powers and duties; duration.—
  675         (1) After an a local planning ordinance has been adopted
  676  authorizing the creation of property owners’ association
  677  neighborhood improvement districts, the local governing body of
  678  a municipality or county may create property owners’ association
  679  neighborhood improvement districts by the enactment of a
  680  separate ordinance for each district, which ordinance:
  681         (a) Establishes that an incorporated property owners’
  682  association representing 75 percent of all owners of property
  683  within a proposed district meeting the requirements of this
  684  section has petitioned the governing body of the municipality or
  685  county for creation of a district for the area encompassed by
  686  the property owned by members of the association.
  687         (b) Specifies the boundaries, size, and name of the
  688  district.
  689         (c) Authorizes the governing body through mutual agreement
  690  with the property owners’ association to:
  691         1. Request grants a matching grant from the state’s Safe
  692  Neighborhoods Program to prepare the first year’s safe
  693  neighborhood improvement plan. The provider of the local match
  694  for the state grant shall be mutually agreed upon between the
  695  governing body and the property owners’ association. The
  696  governing body may agree to provide the match as a no-interest
  697  bearing loan to be paid back from assessments imposed by the
  698  association on its members or shareholders.
  699         2. Provide staff and other technical assistance to the
  700  property owners’ association on a mutually agreed-upon basis,
  701  contractual or otherwise.
  702         3. Prepare the first year’s safe neighborhood improvement
  703  plan, which shall comply with and be consistent with the
  704  governing body’s adopted comprehensive plan.
  705         (d) Provides for an audit of the property owners’
  706  association.
  707         (e) Designates the officers of the incorporated property
  708  owners’ association as the board of directors of the district.
  709         (f) May prohibit the use of any district power authorized
  710  by s. 163.514.
  711         (g) Requires the district to notify the Department of Legal
  712  Affairs and the Department of Economic Opportunity Community
  713  Affairs in writing of its establishment within 30 days thereof
  714  pursuant to s. 163.5055.
  715         (2) In order to qualify for the creation of a neighborhood
  716  improvement district, the property owners shall form an
  717  association in compliance with this section, or use an existing
  718  property owners’ association in compliance with this section,
  719  which shall be a corporation, for profit or not for profit. At
  720  least, and of which not less than 75 percent of all property
  721  owners within the proposed area must consent have consented in
  722  writing to become members or shareholders. Upon such consent by
  723  75 percent of the property owners in the proposed district, all
  724  consenting property owners and their successors shall become
  725  members of the association and shall be bound by the provisions
  726  of the articles of incorporation, the bylaws of the association,
  727  the covenants, the deed restrictions, the indentures, and any
  728  other properly promulgated restrictions. The association shall
  729  have no member or shareholder who is not a bona fide owner of
  730  property within the proposed district. Upon receipt of its
  731  certificate of incorporation, the property owners’ association
  732  shall notify the clerk of the city or county court, whichever is
  733  appropriate, in writing, of such incorporation and shall list
  734  the names and addresses of the officers of the association.
  735         (3) Any incorporated property owners’ association operating
  736  pursuant to this part has shall have the power:
  737         (a) To negotiate with the governing body of a municipality
  738  or county for closing, privatizing, or modifying the rights-of
  739  way, and appurtenances thereto, within the district.
  740         (b) To use utilize various legal instruments such as
  741  covenants, deed restrictions, and indentures to preserve and
  742  maintain the integrity of property, land, and rights-of-way
  743  owned and conveyed to it within the district.
  744         (c) To make and collect assessments against all property
  745  within the boundaries of the district pursuant to the provisions
  746  of s. 163.514(16) and to lease, maintain, repair, and
  747  reconstruct any privatized street, land, or common area within
  748  the district upon dedication thereof to the association.
  749         (d) Without the joinder of any property owner, to modify,
  750  move, or create any easement for ingress and egress or for the
  751  purpose of utilities, if such easement constitutes part of or
  752  crosses district property. However, this does shall not
  753  authorize the association to modify or move any easement that
  754  which is created in whole or in part for the use or benefit of
  755  anyone other than association members, or that which crosses the
  756  property of anyone other than association members, without the
  757  consent or approval of such person as required by law or by the
  758  instrument creating the easement. Nothing in this paragraph
  759  shall affect the rights of ingress or egress of any member of
  760  the association.
  761         (4) A property owners’ association neighborhood improvement
  762  district shall continue in perpetuity as long as the property
  763  owners’ association created pursuant to this section exists
  764  under the applicable laws of the state.
  765         Section 14. Subsections (1), (7), (8), and (10) of section
  766  163.511, Florida Statutes, are amended to read:
  767         163.511 Special neighborhood improvement districts;
  768  creation; referendum; board of directors; duration; extension.—
  769         (1) After an a local planning ordinance has been adopted
  770  authorizing the creation of special neighborhood improvement
  771  districts, the governing body of a municipality or county may
  772  declare the need for and create special residential or business
  773  neighborhood improvement districts by the enactment of a
  774  separate ordinance for each district, which ordinance:
  775         (a) Conditions the implementation of the ordinance on the
  776  approval of a referendum as provided in subsection (2).
  777         (b) Authorizes the special neighborhood improvement
  778  district to levy an ad valorem tax on real and personal property
  779  of up to 2 mills annually.
  780         (c) Authorizes the use of special assessments to support
  781  planning and implementation of district improvements pursuant to
  782  the provisions of s. 163.514(16), including community policing
  783  innovations.
  784         (d) Specifies the boundaries, size, and name of the
  785  district.
  786         (e) Authorizes the district to receive a planning grant
  787  from the department.
  788         (f) Provides for the appointment of a 3-member board of
  789  directors for the district.
  790         (g) May authorize a special neighborhood improvement
  791  district to exercise the power of eminent domain pursuant to
  792  chapters 73 and 74. Any property identified for eminent domain
  793  by the district shall be subject to the approval of the local
  794  governing body before eminent domain procedures are exercised.
  795         (h) May prohibit the use of any district power authorized
  796  by s. 163.514.
  797         (i) Requires the district to notify the Department of Legal
  798  Affairs and the Department of Economic Opportunity Community
  799  Affairs in writing of its establishment within 30 days thereof
  800  pursuant to s. 163.5055.
  801         (j) May authorize a special neighborhood improvement
  802  district to develop and implement community policing innovations
  803  in consultation with the local law enforcement agency having
  804  jurisdiction within the district boundaries.
  805         (7) The business and affairs of a special neighborhood
  806  improvement district shall be conducted and administered by a
  807  board of three directors who shall be residents of or property
  808  owners within the proposed area and who are subject to ad
  809  valorem taxation in the district. Upon their initial appointment
  810  and qualification and in January of each year thereafter, the
  811  directors shall organize by electing from their number a chair
  812  and a secretary, and may also employ staff and legal
  813  representatives as deemed appropriate, who shall serve at the
  814  pleasure of the board and may receive such compensation as shall
  815  be fixed by the board. The secretary shall keep a record of the
  816  proceedings of the district and shall be custodian of all books
  817  and records of the district. The directors may shall not receive
  818  any compensation for their services, nor may they be employed by
  819  the district.
  820         (8) Within 30 days of the approval of the creation of a
  821  special neighborhood improvement district, if the district is in
  822  a municipality, a majority of the governing body of the
  823  municipality, or if the district is in the unincorporated area
  824  of the county, a majority of the county commission, shall
  825  appoint the three directors provided for herein for staggered
  826  terms of 3 years. The initial appointments shall be as follows:
  827  one for a 1-year term, one for a 2-year term, and one for a 3
  828  year term. Each director shall hold office until his or her
  829  successor is appointed and qualified unless the director ceases
  830  to be qualified to act as a director or is removed from office.
  831  Vacancies on the board shall be filled for the unexpired portion
  832  of a term in the same manner as the initial appointments were
  833  made.
  834         (10) The governing body of a municipality or county may
  835  remove a director for inefficiency, neglect of duty, or
  836  misconduct in office only after a hearing and only if he or she
  837  has been given a copy of the charges at least 10 days prior to
  838  such hearing and has had an opportunity to be heard in person or
  839  by counsel. A vacancy so created shall be filled as provided
  840  herein.
  841         Section 15. Section 163.512, Florida Statutes, is amended
  842  to read:
  843         163.512 Community redevelopment neighborhood improvement
  844  districts; creation; advisory council; dissolution.—
  845         (1) Upon the recommendation of the community redevelopment
  846  agency and after an a local planning ordinance has been adopted
  847  authorizing the creation of community redevelopment neighborhood
  848  improvement districts, the local governing body of a
  849  municipality or county may create community redevelopment
  850  neighborhood improvement districts by the enactment of a
  851  separate ordinance for each district, which ordinance:
  852         (a) Specifies the boundaries, size, and name of the
  853  district.
  854         (b) Authorizes the district to receive grants a planning
  855  grant from the department.
  856         (c) Authorizes the use of the community redevelopment trust
  857  fund created pursuant to s. 163.387 for the purposes of
  858  implementing the district’s safe neighborhood improvement plan
  859  and furthering crime prevention through community policing
  860  innovations, environmental design, environmental security, and
  861  defensible space techniques, if the expenditures from the
  862  community redevelopment trust fund are consistent with the
  863  community redevelopment plan created pursuant to s. 163.360.
  864         (d) Designates the community redevelopment board of
  865  commissioners established pursuant to s. 163.356 or s. 163.357
  866  as the board of directors for the district.
  867         (e) Establishes an advisory council to the board of
  868  directors comprised of property owners or residents of the
  869  district.
  870         (f) May prohibit the use of any district power authorized
  871  by s. 163.514.
  872         (g) Requires that the district’s safe neighborhood
  873  improvement plan be consistent with the community redevelopment
  874  plan created pursuant to s. 163.360, and permits the safe
  875  neighborhood improvement plan to be included in the community
  876  redevelopment plan as an optional element.
  877         (h) Requires that the boundaries of the community
  878  redevelopment district be contained in whole within the
  879  community redevelopment area established pursuant to ss. 163.355
  880  and 163.356.
  881         (i) Requires the district to notify the Department of Legal
  882  Affairs and the Department of Economic Opportunity Community
  883  Affairs in writing of its establishment within 30 days thereof
  884  pursuant to s. 163.5055.
  885         (2) The advisory council shall perform such duties as may
  886  be prescribed by the community redevelopment board established
  887  pursuant to s. 163.356 and shall submit within the time period
  888  specified by the board of directors a report on the district’s
  889  activities and a proposed budget to accomplish its objectives.
  890  In formulating a plan for services or improvements, the advisory
  891  council shall consult in public session with the appropriate
  892  staff or consultants of the community redevelopment board
  893  responsible for the district’s plan.
  894         (3) A district may be dissolved by the local governing body
  895  by rescinding the ordinance creating the district. The governing
  896  body may rescind shall consider rescinding the ordinance if
  897  presented with a petition containing the signatures of 60
  898  percent of the residents of a district.
  899         Section 16. Section 163.513, Florida Statutes, is repealed.
  900         Section 17. Section 163.514, Florida Statutes, is amended
  901  to read:
  902         163.514 Powers of neighborhood improvement districts.
  903  Unless prohibited by ordinance, the board of any district is
  904  shall be empowered to:
  905         (1) Enter into contracts and agreements and sue and be sued
  906  as a body corporate.
  907         (2) Have and use a corporate seal.
  908         (3) Acquire, own, convey, or otherwise dispose of, lease as
  909  lessor or lessee, construct, maintain, improve, enlarge, raze,
  910  relocate, operate, and manage property and facilities of
  911  whatever type to which it holds title and grant and acquire
  912  licenses, easements, and options with respect thereto.
  913         (4) Accept grants and donations of any type of property,
  914  labor, or other thing of value from any public or private
  915  source.
  916         (5) Have exclusive control of funds legally available to
  917  it, subject to limitations imposed by law or by any agreement
  918  validly entered into by it.
  919         (6) Cooperate and contract with other governmental agencies
  920  or other public bodies.
  921         (7) Contract for services of planners, engineers,
  922  attorneys, and other planning consultants, experts on crime
  923  prevention through community policing innovations, environmental
  924  design, environmental security, or defensible space, or other
  925  experts in areas pertaining to the operations of the board of
  926  directors or the district.
  927         (8) Contract with the county or municipal government for
  928  planning assistance, legal advice, and for increased levels of
  929  law enforcement protection and security, including additional
  930  personnel.
  931         (9) Promote and advertise the commercial advantages of the
  932  district so as to attract new businesses and encourage the
  933  expansion of existing businesses.
  934         (10) Promote and advertise the district to the public and
  935  engage in cooperative advertising programs with businesses
  936  located in the district.
  937         (11) Improve, plan, design, construct, operate, provide,
  938  and maintain street lighting, parks, streets, drainage,
  939  utilities, swales, parking facilities, transit facilities,
  940  landscaping, and open areas, and provide safe access to mass
  941  transportation facilities in the district.
  942         (12) Undertake innovative approaches to securing
  943  neighborhoods from crime, such as crime prevention through
  944  community policing innovations, environmental design,
  945  environmental security, and defensible space.
  946         (13) Privatize, close, vacate, plan, or replan streets,
  947  roads, sidewalks, and alleys, subject to the concurrence of the
  948  local governing body and, if required, the state Department of
  949  Transportation.
  950         (14) Prepare, adopt, implement, and modify a safe
  951  neighborhood improvement plan for the district.
  952         (15) Identify areas with blighted influences, including,
  953  but not limited to, areas where unlawful urban dumping or
  954  graffiti are prevalent, and develop programs for eradication
  955  thereof.
  956         (16)(a) Subject to referendum approval, and for residential
  957  local government, special, community redevelopment, and property
  958  owners’ association neighborhood improvement districts only,
  959  make and collect special assessments pursuant to ss. 197.3632
  960  and 197.3635 to pay for improvements to the district and for
  961  reasonable expenses of operating the district, including the
  962  payment of expenses included in the district’s budget, subject
  963  to an affirmative vote by a majority of the registered voters
  964  residing in the district. Such assessments shall not exceed $500
  965  for each individual parcel of land per year. Notwithstanding the
  966  provisions of s. 101.6102, the referendum to approve the special
  967  assessment shall be by mail ballot.
  968         (b) In order to implement this subsection, the city clerk
  969  or the supervisor of elections, whichever is appropriate, shall
  970  compile a list of the names and last known addresses of the
  971  electors in the neighborhood improvement district from the list
  972  of registered voters of the county as of the last day of the
  973  preceding month. The same shall constitute the registration list
  974  for the purposes of a referendum. Within 45 days after
  975  compilation of the voter registration list, the city clerk or
  976  the supervisor of elections shall notify each elector of the
  977  general provisions of this section, including the taxing
  978  authority and the date of the upcoming referendum. Notification
  979  shall be by United States mail and, in addition thereto, by
  980  publication one time in a newspaper of general circulation in
  981  the county or municipality in which the district is located.
  982         (c) Any resident of the district whose name does not appear
  983  on the list compiled pursuant to paragraph (b) may register to
  984  vote as provided by law. The registration list shall remain open
  985  for 75 days after the notification required in paragraph (b).
  986         (d) Within 15 days after the closing of registration, the
  987  city clerk or the supervisor of elections shall send a ballot to
  988  each elector at his or her last known mailing address by first
  989  class United States mail. The ballot shall include:
  990         1. A description of the general provisions of this section
  991  applicable to the neighborhood improvement district; and
  992         2. Immediately following said information, the following:
  993  
  994         “Do you favor the imposition of a special assessment of not
  995  greater than $500 for each individual parcel of land per year to
  996  pay for the expenses of operating the neighborhood improvement
  997  district?
  998  
  999         ....Yes, for the special assessment.
 1000  
 1001         ....No, against the special assessment.”
 1002  
 1003         (e) Ballots shall be returned by United States mail or by
 1004  personal delivery.
 1005         (f) All ballots received within 60 days after the closing
 1006  of registration shall be tabulated by the city clerk or the
 1007  supervisor of elections, who shall certify the results thereof
 1008  to the city governing body or county commission no later than 5
 1009  days after said 60-day period.
 1010         (17) Exercise all lawful powers incidental to the effective
 1011  and expedient exercise of the foregoing powers.
 1012         Section 18. Subsections (3) and (4) of section 163.5151,
 1013  Florida Statutes, are amended to read:
 1014         163.5151 Fiscal management; budget preparation.—
 1015         (3) Each local government and special neighborhood
 1016  improvement district levying an ad valorem tax on real or
 1017  personal property shall establish its budget pursuant to the
 1018  provisions of chapter 200. Before adopting Prior to adoption of
 1019  the final budget and setting of the millage rate to be levied by
 1020  the board, the board shall submit a tentative budget and
 1021  proposed millage rate of the district to the governing body of
 1022  the municipality in which the district is located, or to the
 1023  county if the district is located in the unincorporated portion
 1024  of the county, for approval or disapproval. Such governing body
 1025  shall have the power to modify the budget or millage submitted
 1026  by the board. Subsequent to approval, the board shall adopt its
 1027  final budget and millage rate in accordance with the
 1028  requirements of chapter 200.
 1029         (4) At the option of the county property appraiser for the
 1030  county within which the neighborhood improvement district is
 1031  located, the assessments levied by the district may shall be
 1032  collected in the same manner as all ad valorem taxes if so
 1033  requested by the local governing body pursuant to s. 197.363.
 1034         Section 19. Section 163.516, Florida Statutes, is amended
 1035  to read:
 1036         163.516 Safe Neighborhood improvement plans.—
 1037         (1) A safe neighborhood improvement plan is mandated for
 1038  all neighborhood improvement districts. The plan must shall
 1039  contain at least the following elements:
 1040         (a) Demographics of the district.
 1041         (b) Crime activity data and analysis.
 1042         (b)(c) Land use, zoning, housing, and traffic analysis.
 1043         (d) Determination of the problems of the crime-to
 1044  environment relationship and the stability of the neighborhood
 1045  improvement district.
 1046         (c)(e) Statement of the district’s goal and objectives.
 1047         (f) Assessment of crime prevention through community
 1048  policing innovations, environmental design, environmental
 1049  security, and defensible space strategies and tactics that will
 1050  be applied to the crime-to-environment relationship problems.
 1051         (g) Cost estimates and the methods of financing.
 1052         (h) Outline of program participants and their functions and
 1053  responsibilities.
 1054         (i) Schedule for executing program activities.
 1055         (j) Evaluation guidelines.
 1056         (2) Every safe neighborhood improvement plan must shall
 1057  show, by diagram and by general explanation:
 1058         (a) Such property as is intended for use as public parks,
 1059  recreation areas, streets, public utilities, and public
 1060  improvements of any nature.
 1061         (b) Specific identification of any publicly funded capital
 1062  improvement projects to be undertaken within the district.
 1063         (c) Adequate assurances that the improvements will be
 1064  carried out pursuant to the plan.
 1065         (d) Provision for the retention of controls and the
 1066  establishment of any restrictions or covenants running with land
 1067  sold or leased for private use for such periods of time and
 1068  under such conditions as the governing body of the municipality
 1069  in which the district is located, or the county if the district
 1070  is located in the unincorporated portion of the county, deems
 1071  necessary to effectuate the purposes of this part.
 1072         (c)(e) Projected costs of improvements, including the
 1073  amount to be expended on publicly funded capital improvement
 1074  projects in the district and any indebtedness of the district,
 1075  the county, or the municipality proposed to be incurred if such
 1076  indebtedness is to be repaid with district revenues.
 1077         (f) Promotion of advertising programs to be undertaken by
 1078  the district or in conjunction with businesses in the district.
 1079         (g) Suggested physical improvements necessary for the
 1080  safety of residents in or visitors to the district.
 1081         (h) Law enforcement and security plans for the district.
 1082         (3) The safe neighborhood improvement plan must shall:
 1083         (a) Be consistent with the adopted comprehensive plan for
 1084  the county or municipality pursuant to the Community Planning
 1085  Act. No district plan shall be implemented unless the local
 1086  governing body has determined said plan is consistent.
 1087         (b) Be sufficiently complete to indicate such land
 1088  acquisition, demolition and removal of structures, street
 1089  modifications, redevelopment, and rehabilitation as may be
 1090  proposed to be carried out in the district.
 1091         (c) Provide some method for and measurement of the
 1092  reduction of crime within the district.
 1093         (4) The county, municipality, or district may prepare or
 1094  cause to be prepared a safe neighborhood improvement plan, or
 1095  any person or agency, public or private, may submit such a plan
 1096  to a district. Prior to its consideration of a safe neighborhood
 1097  improvement plan, the district shall submit such plan to the
 1098  local governing body for review and written approval as to its
 1099  consistency with the local government comprehensive plan. The
 1100  district must be notified of approval or disapproval within 60
 1101  days after receipt of the plan for review, and a revised version
 1102  of the plan may be submitted to satisfy any inconsistencies. The
 1103  district may not proceed with the safe neighborhood improvement
 1104  plan until final approval is given by the local governing body.
 1105         (4)(5) Prior to adoption of the safe neighborhood
 1106  improvement plan, the board shall hold a public hearing on the
 1107  plan after public notice thereof by publication in a newspaper
 1108  of general circulation in the county or municipality in which
 1109  the district is located. The notice shall describe the time,
 1110  date, place, and purpose of the hearing; identify the boundaries
 1111  of the district; and outline the general scope of the plan.
 1112         (5)(6) The board, after the public hearing, may approve the
 1113  safe neighborhood improvement plan if it finds:
 1114         (a) The plan has been approved as consistent with the local
 1115  comprehensive plan by the local governing body; and
 1116         (b) The plan will improve the promotion, appearance,
 1117  safety, security, and public amenities of the neighborhood
 1118  improvement district as stipulated in s. 163.502.
 1119         (6)(7) If, at any time after approval of the safe
 1120  neighborhood improvement plan, it becomes desirable to amend or
 1121  modify the plan, the board may do so. Prior to any such
 1122  amendment or modification, the board shall obtain written
 1123  approval of the local governing body concerning conformity to
 1124  the local government comprehensive plan and hold a public
 1125  hearing on the proposed amendment or modification after public
 1126  notice thereof by publication in a newspaper of general
 1127  circulation in the county or municipality in which the district
 1128  is located. The notice shall describe the time, place, and
 1129  purpose of the hearing and generally describe the proposed
 1130  amendment or modification.
 1131         (8) Pursuant to s. 163.3184, the governing body of a
 1132  municipality or county shall hold two public hearings to
 1133  consider the board-adopted safe neighborhood improvement plan as
 1134  an amendment or modification to the municipality’s or county’s
 1135  adopted local comprehensive plan.
 1136         (9) A safe neighborhood improvement plan for each district
 1137  shall be prepared and adopted by the municipality or county
 1138  prior to the levy and expenditure of any of the proceeds of any
 1139  tax assessment or fee authorized to such districts other than
 1140  for the preparation of the safe community or business
 1141  improvement plan.
 1142         Section 20. Section 163.517, Florida Statutes, is repealed.
 1143         Section 21. Section 163.519, Florida Statutes, is repealed.
 1144         Section 22. Section 163.521, Florida Statutes, is repealed.
 1145         Section 23. Section 163.5215, Florida Statutes, is
 1146  repealed.
 1147         Section 24. Section 163.522, Florida Statutes, is repealed.
 1148         Section 25. Section 163.523, Florida Statutes, is repealed.
 1149         Section 26. Section 163.524, Florida Statutes, is repealed.
 1150         Section 27. Section 163.526, Florida Statutes, is repealed.
 1151         Section 28. Paragraph (c) of subsection (1) of section
 1152  376.84, Florida Statutes, is amended to read:
 1153         376.84 Brownfield redevelopment economic incentives.—It is
 1154  the intent of the Legislature that brownfield redevelopment
 1155  activities be viewed as opportunities to significantly improve
 1156  the utilization, general condition, and appearance of these
 1157  sites. Different standards than those in place for new
 1158  development, as allowed under current state and local laws,
 1159  should be used to the fullest extent to encourage the
 1160  redevelopment of a brownfield. State and local governments are
 1161  encouraged to offer redevelopment incentives for this purpose,
 1162  as an ongoing public investment in infrastructure and services,
 1163  to help eliminate the public health and environmental hazards,
 1164  and to promote the creation of jobs in these areas. Such
 1165  incentives may include financial, regulatory, and technical
 1166  assistance to persons and businesses involved in the
 1167  redevelopment of the brownfield pursuant to this act.
 1168         (1) Financial incentives and local incentives for
 1169  redevelopment may include, but not be limited to:
 1170         (c) Safe Neighborhood improvement districts as provided in
 1171  part IV of chapter 163 ss. 163.501-163.523.
 1172         Section 29. Subsection (2) of section 775.083, Florida
 1173  Statutes, is amended to read:
 1174         775.083 Fines.—
 1175         (2) In addition to the fines set forth in subsection (1),
 1176  court costs shall be assessed and collected in each instance a
 1177  defendant pleads nolo contendere to, or is convicted of, or
 1178  adjudicated delinquent for, a felony, a misdemeanor, or a
 1179  criminal traffic offense under state law, or a violation of any
 1180  municipal or county ordinance if the violation constitutes a
 1181  misdemeanor under state law. The court costs imposed by this
 1182  section shall be $50 for a felony and $20 for any other offense
 1183  and shall be deposited by the clerk of the court into an
 1184  appropriate county account for disbursement for the purposes
 1185  provided in this subsection. A county shall account for the
 1186  funds separately from other county funds as crime prevention
 1187  funds. The county, in consultation with the sheriff, must expend
 1188  such funds for crime prevention programs in the county,
 1189  including safe neighborhood improvement programs under part IV
 1190  of chapter 163 ss. 163.501-163.523.
 1191         Section 30. Paragraphs (a) and (c) of subsection (5) of
 1192  section 932.7055, Florida Statutes, are amended to read:
 1193         932.7055 Disposition of liens and forfeited property.—
 1194         (5)(a) If the seizing agency is a county or municipal
 1195  agency, the remaining proceeds shall be deposited in a special
 1196  law enforcement trust fund established by the board of county
 1197  commissioners or the governing body of the municipality. Such
 1198  proceeds and interest earned therefrom shall be used for school
 1199  resource officer, crime prevention, safe neighborhood
 1200  improvement, drug abuse education and prevention programs, or
 1201  for other law enforcement purposes, which include defraying the
 1202  cost of protracted or complex investigations, providing
 1203  additional equipment or expertise, purchasing automated external
 1204  defibrillators for use in law enforcement vehicles, and
 1205  providing matching funds to obtain federal grants. The proceeds
 1206  and interest may not be used to meet normal operating expenses
 1207  of the law enforcement agency.
 1208         (c) An agency or organization, other than the seizing
 1209  agency, that wishes to receive such funds shall apply to the
 1210  sheriff or chief of police for an appropriation and its
 1211  application shall be accompanied by a written certification that
 1212  the moneys will be used for an authorized purpose. Such requests
 1213  for expenditures shall include a statement describing
 1214  anticipated recurring costs for the agency for subsequent fiscal
 1215  years. An agency or organization that receives money pursuant to
 1216  this subsection shall provide an accounting for such moneys and
 1217  shall furnish the same reports as an agency of the county or
 1218  municipality that receives public funds. Such funds may be
 1219  expended in accordance with the following procedures:
 1220         1. Such funds may be used only for school resource officer,
 1221  crime prevention, safe neighborhood improvement, drug abuse
 1222  education, or drug prevention programs or such other law
 1223  enforcement purposes as the board of county commissioners or
 1224  governing body of the municipality deems appropriate.
 1225         2. Such funds shall not be a source of revenue to meet
 1226  normal operating needs of the law enforcement agency.
 1227         3. After July 1, 1992, and during every fiscal year
 1228  thereafter, any local law enforcement agency that acquires at
 1229  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1230  within a fiscal year must expend or donate no less than 15
 1231  percent of such proceeds for the support or operation of any
 1232  drug treatment, drug abuse education, drug prevention, crime
 1233  prevention, safe neighborhood improvement, or school resource
 1234  officer program program(s). The local law enforcement agency has
 1235  the discretion to determine which program or programs program(s)
 1236  will receive the designated proceeds.
 1237  
 1238  Notwithstanding the drug abuse education, drug treatment, drug
 1239  prevention, crime prevention, safe neighborhood improvement, or
 1240  school resource officer minimum expenditures or donations, the
 1241  sheriff and the board of county commissioners or the chief of
 1242  police and the governing body of the municipality may agree to
 1243  expend or donate such funds over a period of years if the
 1244  expenditure or donation of such minimum amount in any given
 1245  fiscal year would exceed the needs of the county or municipality
 1246  for such program or programs program(s). Nothing in this section
 1247  precludes the expenditure or donation of forfeiture proceeds in
 1248  excess of the minimum amounts established herein.
 1249         Section 31. This act shall take effect July 1, 2012.