Florida Senate - 2012 CS for CS for SB 582
By the Committees on Budget Subcommittee on Finance and Tax; and
Community Affairs; and Senator Simmons
593-02258-12 2012582c2
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 of
20 its existence rather than to register with the
21 Department of Community Affairs and the Department of
22 Legal Affairs; removing the requirement that the
23 neighborhood improvement district notify the
24 Department of Community Affairs and the Department of
25 Legal Affairs; amending s. 163.506, F.S.; revising
26 provisions authorizing a local governing body to
27 create a local government neighborhood improvement
28 district; specifying that the ordinance may authorize
29 the improvement district to borrow money, contract
30 loans, and issue bonds; authorizing the governing body
31 of the improvement district to levy ad valorem taxes
32 upon real and tangible personal property within the
33 district; authorizing the district to make and collect
34 special assessments; conditioning the exercise of
35 power by the local government neighborhood improvement
36 district to borrow money, contract loans, issue bonds,
37 charge, collect, and enforce fees, make and collect
38 special assessments, and levy ad valorem taxes upon
39 real and tangible personal property within the
40 district upon the approval of a referendum by the
41 freeholders of the district; providing ballot
42 requirements; removing provisions allowing an
43 alternative organization for the board of directors;
44 amending s. 163.508, F.S., relating to property
45 owners’ association neighborhood improvement
46 districts; revising the requirements for creating a
47 property owners’ association neighborhood improvement
48 district by the enactment of a separate ordinance for
49 each district; authorizing the governing body to
50 request grants from the state; amending s. 163.511,
51 F.S., relating to special neighborhood improvement
52 districts; revising provisions to conform to changes
53 made by the act; revising the method of appointing and
54 removing directors of the district; amending s.
55 163.512, F.S.; revising provisions authorizing a
56 municipality or county to create a community
57 redevelopment neighborhood improvement district;
58 authorizing the district to receive grants and other
59 funding; providing that the local governing body may
60 dissolve the district under certain circumstances;
61 repealing s. 163.513, F.S., relating to crime
62 prevention through community policing innovations;
63 amending s. 163.514, F.S.; revising the powers of
64 neighborhood improvement districts; allowing the
65 district to contract with legal counsel and other
66 needed professionals; authorizing the district to
67 collect special assessments under certain
68 circumstances and following designated procedures;
69 amending s. 163.5151, F.S.; requiring a local
70 government and a special neighborhood improvement
71 district to prepare its budget in a specified manner
72 if levying an ad valorem tax on real or personal
73 property; amending s. 163.516, F.S.; requiring
74 neighborhood improvement plans to be created for each
75 improvement district; revising the contents of the
76 neighborhood improvement district’s plan; repealing s.
77 163.517, F.S., relating to the Safe Neighborhoods
78 Program; repealing s. 163.519, F.S., relating to the
79 duties of the Department of Legal Affairs relating to
80 neighborhood improvement districts; repealing s.
81 163.521, F.S., relating to funding for a neighborhood
82 improvement district inside an enterprise zone;
83 repealing s. 163.5215, F.S., relating to the effect
84 and construction of existing laws relating to
85 neighborhood improvement districts; repealing s.
86 163.522, F.S., relating to state redevelopment
87 programs; repealing s. 163.523, F.S., relating to
88 cooperation and involvement of community organizations
89 in the creation of safe neighborhood improvement
90 districts; repealing s. 163.524, F.S., relating to
91 participation in the Neighborhood Preservation and
92 Enhancement Program; repealing s. 163.526, F.S.,
93 relating to powers and duties of the Neighborhood
94 Councils and the designated agency of the local
95 government; amending ss. 376.84, 775.083, and
96 932.7055, F.S.; conforming provisions to changes made
97 by the act; providing an effective date.
98
99 Be It Enacted by the Legislature of the State of Florida:
100
101 Section 1. Paragraph (d) of subsection (2) of section
102 163.2511, Florida Statutes, is amended to read:
103 163.2511 Urban infill and redevelopment.—
104 (2) It is declared that:
105 (d) State urban policies should guide the state, regional
106 agencies, local governments, and the private sector in
107 preserving and redeveloping existing urban cores and promoting
108 the adequate provision of infrastructure, human services,
109 neighborhood improvement safe neighborhoods, educational
110 facilities, and economic development to sustain these cores into
111 the future.
112 Section 2. Paragraph (c) of subsection (3) of section
113 163.2517, Florida Statutes, is amended to read:
114 163.2517 Designation of urban infill and redevelopment
115 area.—
116 (3) A local government seeking to designate a geographic
117 area within its jurisdiction as an urban infill and
118 redevelopment area shall prepare a plan that describes the
119 infill and redevelopment objectives of the local government
120 within the proposed area. In lieu of preparing a new plan, the
121 local government may demonstrate that an existing plan or
122 combination of plans associated with a community redevelopment
123 area, Florida Main Street program, Front Porch Florida
124 Community, sustainable community, enterprise zone, or
125 neighborhood improvement district includes the factors listed in
126 paragraphs (a)-(n), including a collaborative and holistic
127 community participation process, or amend such existing plans to
128 include these factors. The plan shall demonstrate the local
129 government and community’s commitment to comprehensively address
130 the urban problems within the urban infill and redevelopment
131 area and identify activities and programs to accomplish locally
132 identified goals such as code enforcement; improved educational
133 opportunities; reduction in crime; neighborhood revitalization
134 and preservation; provision of infrastructure needs, including
135 mass transit and multimodal linkages; and mixed-use planning to
136 promote multifunctional redevelopment to improve both the
137 residential and commercial quality of life in the area. The plan
138 shall also:
139 (c) Identify and map existing enterprise zones, community
140 redevelopment areas, community development corporations,
141 brownfield areas, downtown redevelopment districts, safe
142 neighborhood improvement districts, historic preservation
143 districts, and empowerment zones or enterprise communities
144 located within the area proposed for designation as an urban
145 infill and redevelopment area and provide a framework for
146 coordinating infill and redevelopment programs within the urban
147 core.
148 Section 3. Paragraph (a) of subsection (6) of section
149 163.3182, Florida Statutes, is amended to read:
150 163.3182 Transportation deficiencies.—
151 (6) EXEMPTIONS.—
152 (a) The following public bodies or taxing authorities are
153 exempt from this section:
154 1. A special district that levies ad valorem taxes on
155 taxable real property in more than one county.
156 2. A special district for which the sole available source
157 of revenue is the authority to levy ad valorem taxes at the time
158 an ordinance is adopted under this section. However, revenues or
159 aid that may be dispensed or appropriated to a district as
160 defined in s. 388.011 at the discretion of an entity other than
161 such district are not deemed available.
162 3. A library district.
163 4. A neighborhood improvement district created under the
164 Safe Neighborhoods Improvement Act.
165 5. A metropolitan transportation authority.
166 6. A water management district created under s. 373.069.
167 7. A community redevelopment agency.
168 Section 4. Paragraph (e) of subsection (2) of section
169 163.3246, Florida Statutes, is amended to read:
170 163.3246 Local government comprehensive planning
171 certification program.—
172 (2) In order to be eligible for certification under the
173 program, the local government must:
174 (e) Demonstrate that it has adopted programs in its local
175 comprehensive plan and land development regulations which:
176 1. Promote infill development and redevelopment, including
177 prioritized and timely permitting processes in which
178 applications for local development permits within the
179 certification area are acted upon expeditiously for proposed
180 development that is consistent with the local comprehensive
181 plan.
182 2. Promote the development of housing for low-income and
183 very-low-income households or specialized housing to assist
184 elderly and disabled persons to remain at home or in independent
185 living arrangements.
186 3. Achieve effective intergovernmental coordination and
187 address the extrajurisdictional effects of development within
188 the certified area.
189 4. Promote economic diversity and growth while encouraging
190 the retention of rural character, where rural areas exist, and
191 the protection and restoration of the environment.
192 5. Provide and maintain public urban and rural open space
193 and recreational opportunities.
194 6. Manage transportation and land uses to support public
195 transit and promote opportunities for pedestrian and
196 nonmotorized transportation.
197 7. Use design principles to foster individual community
198 identity, create a sense of place, and promote pedestrian
199 oriented safe neighborhoods and town centers.
200 8. Redevelop blighted areas.
201 9. Adopt a local mitigation strategy and have programs to
202 improve disaster preparedness and the ability to protect lives
203 and property, especially in coastal high-hazard areas.
204 10. Encourage clustered, mixed-use development that
205 incorporates greenspace and residential development within
206 walking distance of commercial development.
207 11. Encourage urban infill at appropriate densities and
208 intensities and separate urban and rural uses and discourage
209 urban sprawl while preserving public open space and planning for
210 buffer-type land uses and rural development consistent with
211 their respective character along and outside the certification
212 area.
213 12. Assure protection of key natural areas and agricultural
214 lands that are identified using state and local inventories of
215 natural areas. Key natural areas include, but are not limited
216 to:
217 a. Wildlife corridors.
218 b. Lands with high native biological diversity, important
219 areas for threatened and endangered species, species of special
220 concern, migratory bird habitat, and intact natural communities.
221 c. Significant surface waters and springs, aquatic
222 preserves, wetlands, and outstanding Florida waters.
223 d. Water resources suitable for preservation of natural
224 systems and for water resource development.
225 e. Representative and rare native Florida natural systems.
226 13. Ensure the cost-efficient provision of public
227 infrastructure and services.
228 Section 5. Paragraph (c) of subsection (2) of section
229 163.387, Florida Statutes, is amended to read:
230 163.387 Redevelopment trust fund.—
231 (2)
232 (c) The following public bodies or taxing authorities are
233 exempt from paragraph (a):
234 1. A special district that levies ad valorem taxes on
235 taxable real property in more than one county.
236 2. A special district for which the sole available source
237 of revenue the district has the authority to levy is ad valorem
238 taxes at the time an ordinance is adopted under this section.
239 However, revenues or aid that may be dispensed or appropriated
240 to a district as defined in s. 388.011 at the discretion of an
241 entity other than such district shall not be deemed available.
242 3. A library district, except a library district in a
243 jurisdiction where the community redevelopment agency had
244 validated bonds as of April 30, 1984.
245 4. A neighborhood improvement district created under the
246 Safe Neighborhoods Improvement Act.
247 5. A metropolitan transportation authority.
248 6. A water management district created under s. 373.069.
249 Section 6. Section 163.501, Florida Statutes, is amended to
250 read:
251 163.501 Short title.—This part may be cited as the “Safe
252 Neighborhoods Improvement Act.”
253 Section 7. Section 163.502, Florida Statutes, is amended to
254 read:
255 163.502 Safe Neighborhoods improvement; legislative
256 findings and purpose.—
257 (1) The Legislature hereby finds and declares that among
258 the many causes of deterioration in the business and residential
259 neighborhoods of the state are the following: proliferation of
260 crime, automobile traffic flow strangled by outmoded street
261 patterns, unsuitable topography, faulty lot layouts,
262 fragmentation of land uses and parking areas necessitating
263 frequent automobile movement, lack of separation of pedestrian
264 areas from automobile traffic, lack of separation of vehicle
265 traffic lanes and railroad traffic, and excessive noise levels
266 from automobile traffic, and lack of adequate public
267 improvements such as streets, street lights, street furniture,
268 street landscaping, sidewalks, traffic signals, way-finding
269 signs, mass transit, stormwater systems, and other public
270 utilities and improvements.
271 (2) The Legislature further finds and declares that healthy
272 and vibrant safe neighborhoods are the product of planning and
273 implementation of appropriate environmental design concepts,
274 comprehensive planning crime prevention programs, land use
275 recommendations, and beautification techniques.
276 (3) The Legislature further finds and declares that the
277 provisions of this part and the powers granted to local
278 governments, property owners’ associations, special dependent
279 districts, and community redevelopment neighborhood improvement
280 districts are desirable to guide and accomplish the coordinated,
281 balanced, and harmonious development of healthy and vibrant safe
282 neighborhoods; to promote the health, safety, and general
283 welfare of these areas and their inhabitants, visitors, property
284 owners, and workers; to establish, maintain, and preserve
285 property values and preserve and foster the development of
286 attractive neighborhood and business environments; to prevent
287 overcrowding and congestion; and to improve or redirect
288 automobile traffic and provide pedestrian safety; to reduce
289 crime rates and the opportunities for the commission of crime;
290 and to provide improvements in neighborhoods so they are
291 defensible against crime.
292 (4) It is the intent of the Legislature to assist local
293 governments in implementing plans that improve the employ crime
294 prevention through community policing innovations, environmental
295 design, environmental security, and defensible space techniques
296 to establish safe neighborhoods of this state. The Legislature,
297 therefore, declares that the development, redevelopment,
298 preservation, and revitalization of neighborhoods in this state,
299 and all the purposes of this part, are public purposes for which
300 public money may be borrowed, expended, loaned, and granted.
301 Section 8. Section 163.503, Florida Statutes, is amended to
302 read:
303 163.503 Safe neighborhoods; Definitions.—
304 (1) “Safe Neighborhood improvement district,” “district,”
305 or “neighborhood improvement district” means a district located
306 in an area in which more than 75 percent of the land is used for
307 residential purposes, or in an area in which more than 75
308 percent of the land is used for commercial, office, business, or
309 industrial purposes, excluding the land area used for public
310 facilities, and where there is a plan to reduce crime through
311 the implementation of crime prevention through environmental
312 design, environmental security, or defensible space techniques,
313 or through community policing innovations. Nothing in This
314 section does not shall preclude the inclusion of public land in
315 a neighborhood improvement district although the amount of land
316 used for public facilities is excluded from the land use acreage
317 calculations.
318 (2) “Association” means a property owners’ association
319 which is incorporated for the purpose of creating and operating
320 a neighborhood improvement district.
321 (3) “Department” means the Department of Economic
322 Opportunity Legal Affairs.
323 (4) “Board” means the board of directors of a neighborhood
324 improvement district, which may be the governing body of a
325 municipality or county or the officers of a property owners’
326 association or the board of directors of a special neighborhood
327 improvement district or community redevelopment neighborhood
328 improvement district.
329 (5) “Environmental security” means an urban planning and
330 design process which integrates crime prevention with
331 neighborhood design and community development.
332 (6) “Crime prevention through environmental design” means
333 the planned use of environmental design concepts such as natural
334 access control, natural surveillance, and territorial
335 reinforcement in a neighborhood or community setting which is
336 designed to reduce criminal opportunity and foster positive
337 social interaction among the legitimate users of that setting.
338 (7) “Defensible space” means an architectural perspective
339 on crime prevention through physical design of the environment
340 to create the ability to monitor and control the environment
341 along individual perceived zones of territorial influence that
342 result in a proprietary interest and a felt responsibility.
343 (8) “Enterprise zone” means an area designated pursuant to
344 s. 290.0065.
345 (9) “Community policing innovation” means techniques or
346 strategies as defined by s. 163.340.
347 Section 9. Section 163.5035, Florida Statutes, is amended
348 to read:
349 163.5035 Safe Neighborhood improvement districts;
350 compliance with special district provisions.—Any special
351 district created pursuant to this part shall comply with all
352 applicable provisions contained in chapter 189. In cases where a
353 provision contained in this part conflicts with a provision in
354 chapter 189, the provision in chapter 189 shall prevail.
355 Section 10. Section 163.504, Florida Statutes, is amended
356 to read:
357 163.504 Safe Neighborhood improvement districts; planning
358 funds.—
359 (1) The governing body of any municipality or county may
360 authorize the formation of safe neighborhood improvement
361 districts through the adoption of an a planning ordinance that
362 which specifies that such districts may be created by one or
363 more of the methods established in ss. 163.506, 163.508,
364 163.511, and 163.512. A No district may not overlap the
365 jurisdictional boundaries of a municipality and the
366 unincorporated area of a county, unless approved except by
367 interlocal agreement.
368 (2) If the governing body of a municipality or county
369 elects to create a safe neighborhood improvement district, it
370 shall be eligible to request a grant from the Safe Neighborhoods
371 Program, created pursuant to s. 163.517 and administered by the
372 Department of Legal Affairs, to prepare a safe neighborhood
373 improvement plan for the district.
374 (3) Municipalities and counties may implement the
375 provisions of this section without planning funds from the
376 Department of Legal Affairs. However, nothing in this section
377 shall be construed to exempt any district from the requirements
378 of providing a safe neighborhood improvement plan pursuant to s.
379 163.516.
380 Section 11. Section 163.5055, Florida Statutes, is amended
381 to read:
382 163.5055 Notice Registration of district establishment;
383 notice of dissolution.—
384 (1)(a) Each neighborhood improvement district authorized
385 and established under this part shall within 30 days thereof
386 notify register with both the Department of Economic Opportunity
387 Community Affairs and the Department of Legal Affairs by
388 providing the department these departments with the district’s
389 name, location, size, and type, and such other information as
390 the department departments may request require.
391 (2)(b) Each local governing body that which authorizes the
392 dissolution of a district shall notify both the Department of
393 Economic Opportunity Community Affairs and the Department of
394 Legal Affairs within 30 days after the dissolution of the
395 district.
396 (2) This section shall apply to all neighborhood
397 improvement districts established on or after July 1, 1987.
398 Section 12. Section 163.506, Florida Statutes, is amended
399 to read:
400 163.506 Local government neighborhood improvement
401 districts; creation; advisory council; dissolution.—
402 (1) After an a local planning ordinance has been adopted
403 authorizing the creation of local government neighborhood
404 improvement districts, the local governing body of a
405 municipality or county may create local government neighborhood
406 improvement districts by the enactment of a separate ordinance
407 for each district, which ordinance:
408 (a) Specifies the boundaries, size, and name of the
409 district.
410 (b) Authorizes the district to receive grants a planning
411 grant from the department.
412 (c) Authorizes the local government neighborhood
413 improvement district to levy an ad valorem tax on real and
414 personal property of up to 2 mills annually.
415 (d) Authorizes the use of special assessments to support
416 planning and implementation of district improvements pursuant to
417 the provisions of s. 163.514(16), if the district is a
418 residential local government neighborhood improvement district
419 including community policing innovations.
420 (e) Designates the local governing body as the board of
421 directors of the district.
422 (f) Establishes an advisory council to the board of
423 directors comprised of property owners, representatives of
424 property owners, business owners, or residents of the district.
425 (g) May prohibit the use of any district power authorized
426 by s. 163.514.
427 (h) Requires the district to notify the Department of Legal
428 Affairs and the Department of Economic Opportunity Community
429 Affairs in writing of its establishment within 30 days thereof
430 pursuant to s. 163.5055.
431 (i) Authorizes the district to borrow money, contract
432 loans, and issue bonds, certificates, warrants, notes, or other
433 evidence of indebtedness from time to time to finance the
434 undertaking of any capital or other project for the purposes
435 permitted by the State Constitution and this part and pledge the
436 funds, credit, property, and taxing power of the improvement
437 district for the payment of such debts and bonds.
438 1. Bonds issued under this part shall be authorized by
439 resolution of the governing board of the district and, if
440 required by the State Constitution, by affirmative vote of the
441 electors of the district. Such bonds may be issued in one or
442 more series and shall bear such date or dates, be payable upon
443 demand or mature at such time or times, bear interest at such
444 rate or rates, be in such denomination or denominations, be in
445 such form, registered or not, with or without coupon, carry such
446 conversion or registration privileges, have such rank or
447 priority, be executed in such manner, be payable in such medium
448 of payment, at such place or places, and subject to such terms
449 of redemption, with or without premium, be secured in such
450 manner, and have such other characteristics as may be provided
451 by such resolution or trust indenture or mortgage issued
452 pursuant thereto.
453 2. The governing body of the district shall determine the
454 terms and manner of sale and distribution or other disposition
455 of any and all bonds it may issue, consistent with s. 218.385,
456 and shall have any and all powers necessary and convenient to
457 such disposition.
458 3. The governing body of the district may establish and
459 administer such sinking funds as it deems necessary or
460 convenient for the payment, purchase, or redemption of any
461 outstanding bonded indebtedness of the district.
462 4. The governing body of the improvement district may levy
463 ad valorem taxes upon real and tangible personal property within
464 the district as it deems necessary to make payment, including
465 principal and interest, upon the general obligation and ad
466 valorem bonded indebtedness of the district or into any sinking
467 fund created pursuant to this part.
468 5. This part shall be full authority for the issuance of
469 bonds authorized herein.
470 (j) Authorizes the district to make and collect special
471 assessments pursuant to ss. 197.3632 and 197.3635 to pay for
472 capital improvements within the district and for reasonable
473 expenses of operating the district, including the payment of
474 expenses included in the district’s budget, if the district is a
475 commercial local government neighborhood improvement district.
476 Such assessments may not exceed $500 for each individual parcel
477 of land per year.
478 (k) Authorizes the district to charge, collect, and enforce
479 fees and other user charges.
480 (l) Conditions the exercise of the powers provided in
481 paragraphs (c), (i), and (j) on approval pursuant to a
482 referendum as described in this paragraph:
483 1. Within 45 days after the date the governing body of the
484 municipality or county enacts an ordinance calling a referendum
485 pursuant to this subsection, the city clerk or the supervisor of
486 elections, whichever is appropriate, shall certify such
487 ordinance and compile a list of the names and last known
488 addresses of the freeholders in the proposed local government
489 neighborhood improvement district from the tax assessment roll
490 of the county applicable as of December 31 in the year preceding
491 the year in which the ordinance was enacted. Except as otherwise
492 provided in this paragraph, the list shall constitute the
493 registration list for the purposes of the freeholders’
494 referendum required under this paragraph.
495 2. Within 45 days after compilation of the freeholders’
496 registration list pursuant to subparagraph 1., the city clerk or
497 the supervisor of elections shall notify each such freeholder of
498 the general provisions of this paragraph, including the taxing
499 authority and the date of the upcoming referendum, and the
500 method provided for submitting corrections to the registration
501 list if the status of the freeholder has changed since the
502 compilation of the tax rolls. Notification shall be by first
503 class United States mail and, in addition thereto, by
504 publication one time in a newspaper of general circulation in
505 the county or municipality in which the district is located.
506 3. Any freeholder whose name does not appear on the tax
507 rolls compiled pursuant to subparagraph 1. may register to vote
508 with the city clerk or the supervisor of elections. The
509 registration list shall remain open for 75 days after enactment
510 of the ordinance calling for the referendum.
511 4. Within 15 days after the closing of the registration
512 list, the city clerk or the supervisor of elections shall send a
513 ballot to each registered freeholder at his or her last known
514 mailing address by first-class United States mail. The ballot
515 shall include:
516 a. A description of the general provisions of this
517 paragraph applicable to local government neighborhood
518 improvement districts;
519 b. The assessed value of the freeholder’s property;
520 c. The percent of the freeholder’s interest in such
521 property; and
522 d. Immediately following the information required in sub
523 subparagraphs a.-c., the following:
524
525 “Do you favor authorizing the .... Local Government
526 Neighborhood Improvement District to levy up to 2 mills of ad
527 valorem taxes by such proposed district?
528
529 ....Yes, for authorizing the levy of up to 2 mills of ad
530 valorem taxes by such proposed district.
531
532 ....No, against authorizing the levy of up to 2 mills of ad
533 valorem taxes by such proposed district.”
534
535 “Do you favor authorizing the .... Local Government
536 Neighborhood Improvement District to borrow money, including the
537 issuance of bonds, as provided by s. 163.506(1)(i)?
538
539 ....Yes, for authorizing the borrowing of money for
540 district purposes.
541
542 ....No, against authorizing the borrowing of money for
543 district purposes.”
544
545 “Do you favor authorizing the .... Local Government
546 Neighborhood Improvement District to impose a special assessment
547 of not greater than $500 for each individual parcel of land per
548 year to pay for the expenses of operating the neighborhood
549 improvement district and for approved capital improvements?
550
551 ....Yes, for the special assessment.
552
553 ....No, against the special assessment.”
554
555 5. Ballots shall be returned by first-class United States
556 mail or by personal delivery.
557 6. All ballots received within 120 days after enactment of
558 the ordinance shall be tabulated by the city clerk or the
559 supervisor of elections, who shall certify the results thereof
560 to the city council or county commission no later than 5 days
561 after the 120-day period.
562 7. The freeholders shall be deemed to have approved of the
563 provisions of this paragraph at such time as the city clerk or
564 the supervisor of elections certifies to the governing body of
565 the municipality or county that approval has been given by
566 freeholders owning in excess of 50 percent of the assessed value
567 of the properties represented by ballots cast.
568 8. The city clerk or the supervisor of elections, whichever
569 is appropriate, shall enclose with each ballot sent pursuant to
570 this paragraph two envelopes: a secrecy envelope, into which the
571 freeholder shall enclose the marked ballot; and a mailing
572 envelope, into which the freeholder shall then place the secrecy
573 envelope, which shall be addressed to the city clerk or the
574 supervisor of elections. The back side of the mailing envelope
575 shall bear a certificate in substantially the following form:
576
577 NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT
578 AND COMPLETING VOTER’S CERTIFICATE.
579
580 VOTER’S CERTIFICATE
581
582 I, ...., am a duly qualified and registered freeholder of
583 the proposed ...(name)... local government neighborhood
584 improvement district; and I am entitled to vote this ballot. I
585 do solemnly swear or affirm that I have not and will not vote
586 more than one ballot in this election. I understand that failure
587 to sign this certificate and have my signature witnessed will
588 invalidate my ballot.
589
590 ...(Voter’s Signature)...
591
592 NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
593 YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
594 I swear or affirm that the elector signed this voter’s
595 certificate in my presence.
596
597 ...(Signature of Witness)...
598 ...(Address)...(City/State)...
599
600 9. The certificate shall be arranged on the back of the
601 mailing envelope so that the lines for the signatures of the
602 freeholder and the attesting witness are across the seal of the
603 envelope; however, no statement shall appear on the envelope
604 which indicates that a signature of the freeholder or witness
605 must cross the seal of the envelope. The freeholder and the
606 attesting witness shall execute the certificate on the envelope.
607 10. The city clerk or the supervisor of elections shall
608 enclose with each ballot sent to a freeholder pursuant to this
609 paragraph separate printed instructions in substantially the
610 following form:
611
612 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
613
614 a. VERY IMPORTANT. In order to ensure that your ballot will
615 be counted, it should be completed and returned as soon as
616 possible so that it can reach the city clerk or the supervisor
617 of elections no later than 7 p.m. on the (final day of the 120
618 day period given here).
619 b. Mark your ballot in secret as instructed on the ballot.
620 c. Place your marked ballot in the enclosed secrecy
621 envelope.
622 d. Insert the secrecy envelope into the enclosed mailing
623 envelope, which is addressed to the city clerk or the supervisor
624 of elections.
625 e. Seal the mailing envelope and completely fill out the
626 Voter’s Certificate on the back of the mailing envelope.
627 f. VERY IMPORTANT. Sign your name on the line provided for
628 “(Voter’s Signature).”
629 g. VERY IMPORTANT. In order for your ballot to be counted,
630 it must include the signature and address of a witness 18 years
631 of age or older affixed to the Voter’s Certificate.
632 h. Mail, deliver, or have delivered the completed mailing
633 envelope. Be sure there is sufficient postage if mailed.
634 (2) The advisory council shall perform such duties as may
635 be prescribed by the governing body and shall submit within the
636 time period specified by the governing body, acting as the board
637 of directors, a report on the district’s activities and a
638 proposed budget to accomplish its objectives. In formulating a
639 plan for services or improvements the advisory board shall
640 consult in public session with the appropriate staff or
641 consultants of the local governing body responsible for the
642 district’s plan.
643 (3) As an alternative to designating the local governing
644 body as the board of directors, a majority of the local
645 governing body of a city or county may appoint a board of three
646 to seven directors for the district who shall be residents of
647 the proposed area and who are subject to ad valorem taxation in
648 the residential neighborhood improvement district or who are
649 property owners in a commercial neighborhood improvement
650 district. The directors shall be appointed for staggered terms
651 of 3 years. The initial appointments shall be as follows: one
652 director for a 1-year term; one director for a 2-year term; and
653 one director for a 3-year term. If more than three directors are
654 to be appointed, the additional members shall initially be
655 appointed for 3-year terms. Vacancies shall be filled for the
656 unexpired portion of a term in the same manner as the initial
657 appointments were made. Each director shall hold office until
658 his or her successor is appointed and qualified unless the
659 director ceases to be qualified or is removed from office. Upon
660 appointment and qualification and in January of each year, the
661 directors shall organize by electing from their number a chair
662 and a secretary.
663 (3)(4) A district may be dissolved by the governing body by
664 rescinding the ordinance creating the district. The governing
665 body may rescind shall consider rescinding the ordinance if
666 presented with a petition requesting that it be rescinded.
667 Petitions related to a residential neighborhood improvement
668 district must contain containing the signatures of 60 percent of
669 the residents. Petitions related to a commercial neighborhood
670 improvement district must contain signatures representing owners
671 of 60 percent of the land area of the of a district.
672 Section 13. Section 163.508, Florida Statutes, is amended
673 to read:
674 163.508 Property owners’ association neighborhood
675 improvement districts; creation; powers and duties; duration.—
676 (1) After an a local planning ordinance has been adopted
677 authorizing the creation of property owners’ association
678 neighborhood improvement districts, the local governing body of
679 a municipality or county may create property owners’ association
680 neighborhood improvement districts by the enactment of a
681 separate ordinance for each district, which ordinance:
682 (a) Establishes that an incorporated property owners’
683 association representing 75 percent of all owners of property
684 within a proposed district meeting the requirements of this
685 section has petitioned the governing body of the municipality or
686 county for creation of a district for the area encompassed by
687 the property owned by members of the association.
688 (b) Specifies the boundaries, size, and name of the
689 district.
690 (c) Authorizes the governing body through mutual agreement
691 with the property owners’ association to:
692 1. Request grants a matching grant from the state’s Safe
693 Neighborhoods Program to prepare the first year’s safe
694 neighborhood improvement plan. The provider of the local match
695 for the state grant shall be mutually agreed upon between the
696 governing body and the property owners’ association. The
697 governing body may agree to provide the match as a no-interest
698 bearing loan to be paid back from assessments imposed by the
699 association on its members or shareholders.
700 2. Provide staff and other technical assistance to the
701 property owners’ association on a mutually agreed-upon basis,
702 contractual or otherwise.
703 3. Prepare the first year’s safe neighborhood improvement
704 plan, which shall comply with and be consistent with the
705 governing body’s adopted comprehensive plan.
706 (d) Provides for an audit of the property owners’
707 association.
708 (e) Designates the officers of the incorporated property
709 owners’ association as the board of directors of the district.
710 (f) May prohibit the use of any district power authorized
711 by s. 163.514.
712 (g) Requires the district to notify the Department of Legal
713 Affairs and the Department of Economic Opportunity Community
714 Affairs in writing of its establishment within 30 days thereof
715 pursuant to s. 163.5055.
716 (2) In order to qualify for the creation of a neighborhood
717 improvement district, the property owners shall form an
718 association in compliance with this section, or use an existing
719 property owners’ association in compliance with this section,
720 which shall be a corporation, for profit or not for profit. At
721 least, and of which not less than 75 percent of all property
722 owners within the proposed area must consent have consented in
723 writing to become members or shareholders. Upon such consent by
724 75 percent of the property owners in the proposed district, all
725 consenting property owners and their successors shall become
726 members of the association and shall be bound by the provisions
727 of the articles of incorporation, the bylaws of the association,
728 the covenants, the deed restrictions, the indentures, and any
729 other properly promulgated restrictions. The association shall
730 have no member or shareholder who is not a bona fide owner of
731 property within the proposed district. Upon receipt of its
732 certificate of incorporation, the property owners’ association
733 shall notify the clerk of the city or county court, whichever is
734 appropriate, in writing, of such incorporation and shall list
735 the names and addresses of the officers of the association.
736 (3) Any incorporated property owners’ association operating
737 pursuant to this part has shall have the power:
738 (a) To negotiate with the governing body of a municipality
739 or county for closing, privatizing, or modifying the rights-of
740 way, and appurtenances thereto, within the district.
741 (b) To use utilize various legal instruments such as
742 covenants, deed restrictions, and indentures to preserve and
743 maintain the integrity of property, land, and rights-of-way
744 owned and conveyed to it within the district.
745 (c) To make and collect assessments against all property
746 within the boundaries of the district pursuant to the provisions
747 of s. 163.514(16) and to lease, maintain, repair, and
748 reconstruct any privatized street, land, or common area within
749 the district upon dedication thereof to the association.
750 (d) Without the joinder of any property owner, to modify,
751 move, or create any easement for ingress and egress or for the
752 purpose of utilities, if such easement constitutes part of or
753 crosses district property. However, this does shall not
754 authorize the association to modify or move any easement that
755 which is created in whole or in part for the use or benefit of
756 anyone other than association members, or that which crosses the
757 property of anyone other than association members, without the
758 consent or approval of such person as required by law or by the
759 instrument creating the easement. Nothing in this paragraph
760 shall affect the rights of ingress or egress of any member of
761 the association.
762 (4) A property owners’ association neighborhood improvement
763 district shall continue in perpetuity as long as the property
764 owners’ association created pursuant to this section exists
765 under the applicable laws of the state.
766 Section 14. Subsections (1), (7), (8), and (10) of section
767 163.511, Florida Statutes, are amended to read:
768 163.511 Special neighborhood improvement districts;
769 creation; referendum; board of directors; duration; extension.—
770 (1) After an a local planning ordinance has been adopted
771 authorizing the creation of special neighborhood improvement
772 districts, the governing body of a municipality or county may
773 declare the need for and create special residential or business
774 neighborhood improvement districts by the enactment of a
775 separate ordinance for each district, which ordinance:
776 (a) Conditions the implementation of the ordinance on the
777 approval of a referendum as provided in subsection (2).
778 (b) Authorizes the special neighborhood improvement
779 district to levy an ad valorem tax on real and personal property
780 of up to 2 mills annually.
781 (c) Authorizes the use of special assessments to support
782 planning and implementation of district improvements pursuant to
783 the provisions of s. 163.514(16), including community policing
784 innovations.
785 (d) Specifies the boundaries, size, and name of the
786 district.
787 (e) Authorizes the district to receive a planning grant
788 from the department.
789 (f) Provides for the appointment of a 3-member board of
790 directors for the district.
791 (g) May authorize a special neighborhood improvement
792 district to exercise the power of eminent domain pursuant to
793 chapters 73 and 74. Any property identified for eminent domain
794 by the district shall be subject to the approval of the local
795 governing body before eminent domain procedures are exercised.
796 (h) May prohibit the use of any district power authorized
797 by s. 163.514.
798 (i) Requires the district to notify the Department of Legal
799 Affairs and the Department of Economic Opportunity Community
800 Affairs in writing of its establishment within 30 days thereof
801 pursuant to s. 163.5055.
802 (j) May authorize a special neighborhood improvement
803 district to develop and implement community policing innovations
804 in consultation with the local law enforcement agency having
805 jurisdiction within the district boundaries.
806 (7) The business and affairs of a special neighborhood
807 improvement district shall be conducted and administered by a
808 board of three directors who shall be residents of or property
809 owners within the proposed area and who are subject to ad
810 valorem taxation in the district. Upon their initial appointment
811 and qualification and in January of each year thereafter, the
812 directors shall organize by electing from their number a chair
813 and a secretary, and may also employ staff and legal
814 representatives as deemed appropriate, who shall serve at the
815 pleasure of the board and may receive such compensation as shall
816 be fixed by the board. The secretary shall keep a record of the
817 proceedings of the district and shall be custodian of all books
818 and records of the district. The directors may shall not receive
819 any compensation for their services, nor may they be employed by
820 the district.
821 (8) Within 30 days of the approval of the creation of a
822 special neighborhood improvement district, if the district is in
823 a municipality, a majority of the governing body of the
824 municipality, or if the district is in the unincorporated area
825 of the county, a majority of the county commission, shall
826 appoint the three directors provided for herein for staggered
827 terms of 3 years. The initial appointments shall be as follows:
828 one for a 1-year term, one for a 2-year term, and one for a 3
829 year term. Each director shall hold office until his or her
830 successor is appointed and qualified unless the director ceases
831 to be qualified to act as a director or is removed from office.
832 Vacancies on the board shall be filled for the unexpired portion
833 of a term in the same manner as the initial appointments were
834 made.
835 (10) The governing body of a municipality or county may
836 remove a director for inefficiency, neglect of duty, or
837 misconduct in office only after a hearing and only if he or she
838 has been given a copy of the charges at least 10 days prior to
839 such hearing and has had an opportunity to be heard in person or
840 by counsel. A vacancy so created shall be filled as provided
841 herein.
842 Section 15. Section 163.512, Florida Statutes, is amended
843 to read:
844 163.512 Community redevelopment neighborhood improvement
845 districts; creation; advisory council; dissolution.—
846 (1) Upon the recommendation of the community redevelopment
847 agency and after an a local planning ordinance has been adopted
848 authorizing the creation of community redevelopment neighborhood
849 improvement districts, the local governing body of a
850 municipality or county may create community redevelopment
851 neighborhood improvement districts by the enactment of a
852 separate ordinance for each district, which ordinance:
853 (a) Specifies the boundaries, size, and name of the
854 district.
855 (b) Authorizes the district to receive grants a planning
856 grant from the department.
857 (c) Authorizes the use of the community redevelopment trust
858 fund created pursuant to s. 163.387 for the purposes of
859 implementing the district’s safe neighborhood improvement plan
860 and furthering crime prevention through community policing
861 innovations, environmental design, environmental security, and
862 defensible space techniques, if the expenditures from the
863 community redevelopment trust fund are consistent with the
864 community redevelopment plan created pursuant to s. 163.360.
865 (d) Designates the community redevelopment board of
866 commissioners established pursuant to s. 163.356 or s. 163.357
867 as the board of directors for the district.
868 (e) Establishes an advisory council to the board of
869 directors comprised of property owners or residents of the
870 district.
871 (f) May prohibit the use of any district power authorized
872 by s. 163.514.
873 (g) Requires that the district’s safe neighborhood
874 improvement plan be consistent with the community redevelopment
875 plan created pursuant to s. 163.360, and permits the safe
876 neighborhood improvement plan to be included in the community
877 redevelopment plan as an optional element.
878 (h) Requires that the boundaries of the community
879 redevelopment district be contained in whole within the
880 community redevelopment area established pursuant to ss. 163.355
881 and 163.356.
882 (i) Requires the district to notify the Department of Legal
883 Affairs and the Department of Economic Opportunity Community
884 Affairs in writing of its establishment within 30 days thereof
885 pursuant to s. 163.5055.
886 (2) The advisory council shall perform such duties as may
887 be prescribed by the community redevelopment board established
888 pursuant to s. 163.356 and shall submit within the time period
889 specified by the board of directors a report on the district’s
890 activities and a proposed budget to accomplish its objectives.
891 In formulating a plan for services or improvements, the advisory
892 council shall consult in public session with the appropriate
893 staff or consultants of the community redevelopment board
894 responsible for the district’s plan.
895 (3) A district may be dissolved by the local governing body
896 by rescinding the ordinance creating the district. The governing
897 body may rescind shall consider rescinding the ordinance if
898 presented with a petition containing the signatures of 60
899 percent of the residents of a district.
900 Section 16. Section 163.513, Florida Statutes, is repealed.
901 Section 17. Section 163.514, Florida Statutes, is amended
902 to read:
903 163.514 Powers of neighborhood improvement districts.
904 Unless prohibited by ordinance, the board of any district is
905 shall be empowered to:
906 (1) Enter into contracts and agreements and sue and be sued
907 as a body corporate.
908 (2) Have and use a corporate seal.
909 (3) Acquire, own, convey, or otherwise dispose of, lease as
910 lessor or lessee, construct, maintain, improve, enlarge, raze,
911 relocate, operate, and manage property and facilities of
912 whatever type to which it holds title and grant and acquire
913 licenses, easements, and options with respect thereto.
914 (4) Accept grants and donations of any type of property,
915 labor, or other thing of value from any public or private
916 source.
917 (5) Have exclusive control of funds legally available to
918 it, subject to limitations imposed by law or by any agreement
919 validly entered into by it.
920 (6) Cooperate and contract with other governmental agencies
921 or other public bodies.
922 (7) Contract for services of planners, engineers,
923 attorneys, and other planning consultants, experts on crime
924 prevention through community policing innovations, environmental
925 design, environmental security, or defensible space, or other
926 experts in areas pertaining to the operations of the board of
927 directors or the district.
928 (8) Contract with the county or municipal government for
929 planning assistance, legal advice, and for increased levels of
930 law enforcement protection and security, including additional
931 personnel.
932 (9) Promote and advertise the commercial advantages of the
933 district so as to attract new businesses and encourage the
934 expansion of existing businesses.
935 (10) Promote and advertise the district to the public and
936 engage in cooperative advertising programs with businesses
937 located in the district.
938 (11) Improve, plan, design, construct, operate, provide,
939 and maintain street lighting, parks, streets, drainage,
940 utilities, swales, parking facilities, transit facilities,
941 landscaping, and open areas, and provide safe access to mass
942 transportation facilities in the district.
943 (12) Undertake innovative approaches to securing
944 neighborhoods from crime, such as crime prevention through
945 community policing innovations, environmental design,
946 environmental security, and defensible space.
947 (13) Privatize, close, vacate, plan, or replan streets,
948 roads, sidewalks, and alleys, subject to the concurrence of the
949 local governing body and, if required, the state Department of
950 Transportation.
951 (14) Prepare, adopt, implement, and modify a safe
952 neighborhood improvement plan for the district.
953 (15) Identify areas with blighted influences, including,
954 but not limited to, areas where unlawful urban dumping or
955 graffiti are prevalent, and develop programs for eradication
956 thereof.
957 (16)(a) Subject to referendum approval, and for residential
958 local government, special, community redevelopment, and property
959 owners’ association neighborhood improvement districts only,
960 make and collect special assessments pursuant to ss. 197.3632
961 and 197.3635 to pay for improvements to the district and for
962 reasonable expenses of operating the district, including the
963 payment of expenses included in the district’s budget, subject
964 to an affirmative vote by a majority of the registered voters
965 residing in the district. Such assessments shall not exceed $500
966 for each individual parcel of land per year. Notwithstanding the
967 provisions of s. 101.6102, the referendum to approve the special
968 assessment shall be by mail ballot.
969 (b) In order to implement this subsection, the city clerk
970 or the supervisor of elections, whichever is appropriate, shall
971 compile a list of the names and last known addresses of the
972 electors in the neighborhood improvement district from the list
973 of registered voters of the county as of the last day of the
974 preceding month. The same shall constitute the registration list
975 for the purposes of a referendum. Within 45 days after
976 compilation of the voter registration list, the city clerk or
977 the supervisor of elections shall notify each elector of the
978 general provisions of this section, including the taxing
979 authority and the date of the upcoming referendum. Notification
980 shall be by United States mail and, in addition thereto, by
981 publication one time in a newspaper of general circulation in
982 the county or municipality in which the district is located.
983 (c) Any resident of the district whose name does not appear
984 on the list compiled pursuant to paragraph (b) may register to
985 vote as provided by law. The registration list shall remain open
986 for 75 days after the notification required in paragraph (b).
987 (d) Within 15 days after the closing of registration, the
988 city clerk or the supervisor of elections shall send a ballot to
989 each elector at his or her last known mailing address by first
990 class United States mail. The ballot shall include:
991 1. A description of the general provisions of this section
992 applicable to the neighborhood improvement district; and
993 2. Immediately following said information, the following:
994
995 “Do you favor the imposition of a special assessment of not
996 greater than $500 for each individual parcel of land per year to
997 pay for the expenses of operating the neighborhood improvement
998 district?
999
1000 ....Yes, for the special assessment.
1001
1002 ....No, against the special assessment.”
1003
1004 (e) Ballots shall be returned by United States mail or by
1005 personal delivery.
1006 (f) All ballots received within 60 days after the closing
1007 of registration shall be tabulated by the city clerk or the
1008 supervisor of elections, who shall certify the results thereof
1009 to the city governing body or county commission no later than 5
1010 days after said 60-day period.
1011 (17) Exercise all lawful powers incidental to the effective
1012 and expedient exercise of the foregoing powers.
1013 Section 18. Subsections (3) and (4) of section 163.5151,
1014 Florida Statutes, are amended to read:
1015 163.5151 Fiscal management; budget preparation.—
1016 (3) Each local government and special neighborhood
1017 improvement district levying an ad valorem tax on real or
1018 personal property shall establish its budget pursuant to the
1019 provisions of chapter 200. Before adopting Prior to adoption of
1020 the final budget and setting of the millage rate to be levied by
1021 the board, the board shall submit a tentative budget and
1022 proposed millage rate of the district to the governing body of
1023 the municipality in which the district is located, or to the
1024 county if the district is located in the unincorporated portion
1025 of the county, for approval or disapproval. Such governing body
1026 shall have the power to modify the budget or millage submitted
1027 by the board. Subsequent to approval, the board shall adopt its
1028 final budget and millage rate in accordance with the
1029 requirements of chapter 200.
1030 (4) At the option of the county property appraiser for the
1031 county within which the neighborhood improvement district is
1032 located, the assessments levied by the district may shall be
1033 collected in the same manner as all ad valorem taxes if so
1034 requested by the local governing body pursuant to s. 197.363.
1035 Section 19. Section 163.516, Florida Statutes, is amended
1036 to read:
1037 163.516 Safe Neighborhood improvement plans.—
1038 (1) A safe neighborhood improvement plan is mandated for
1039 all neighborhood improvement districts. The plan must shall
1040 contain at least the following elements:
1041 (a) Demographics of the district.
1042 (b) Crime activity data and analysis.
1043 (b)(c) Land use, zoning, housing, and traffic analysis.
1044 (d) Determination of the problems of the crime-to
1045 environment relationship and the stability of the neighborhood
1046 improvement district.
1047 (c)(e) Statement of the district’s goal and objectives.
1048 (f) Assessment of crime prevention through community
1049 policing innovations, environmental design, environmental
1050 security, and defensible space strategies and tactics that will
1051 be applied to the crime-to-environment relationship problems.
1052 (g) Cost estimates and the methods of financing.
1053 (h) Outline of program participants and their functions and
1054 responsibilities.
1055 (i) Schedule for executing program activities.
1056 (j) Evaluation guidelines.
1057 (2) Every safe neighborhood improvement plan must shall
1058 show, by diagram and by general explanation:
1059 (a) Such property as is intended for use as public parks,
1060 recreation areas, streets, public utilities, and public
1061 improvements of any nature.
1062 (b) Specific identification of any publicly funded capital
1063 improvement projects to be undertaken within the district.
1064 (c) Adequate assurances that the improvements will be
1065 carried out pursuant to the plan.
1066 (d) Provision for the retention of controls and the
1067 establishment of any restrictions or covenants running with land
1068 sold or leased for private use for such periods of time and
1069 under such conditions as the governing body of the municipality
1070 in which the district is located, or the county if the district
1071 is located in the unincorporated portion of the county, deems
1072 necessary to effectuate the purposes of this part.
1073 (c)(e) Projected costs of improvements, including the
1074 amount to be expended on publicly funded capital improvement
1075 projects in the district and any indebtedness of the district,
1076 the county, or the municipality proposed to be incurred if such
1077 indebtedness is to be repaid with district revenues.
1078 (f) Promotion of advertising programs to be undertaken by
1079 the district or in conjunction with businesses in the district.
1080 (g) Suggested physical improvements necessary for the
1081 safety of residents in or visitors to the district.
1082 (h) Law enforcement and security plans for the district.
1083 (3) The safe neighborhood improvement plan must shall:
1084 (a) Be consistent with the adopted comprehensive plan for
1085 the county or municipality pursuant to the Community Planning
1086 Act. No district plan shall be implemented unless the local
1087 governing body has determined said plan is consistent.
1088 (b) Be sufficiently complete to indicate such land
1089 acquisition, demolition and removal of structures, street
1090 modifications, redevelopment, and rehabilitation as may be
1091 proposed to be carried out in the district.
1092 (c) Provide some method for and measurement of the
1093 reduction of crime within the district.
1094 (4) The county, municipality, or district may prepare or
1095 cause to be prepared a safe neighborhood improvement plan, or
1096 any person or agency, public or private, may submit such a plan
1097 to a district. Prior to its consideration of a safe neighborhood
1098 improvement plan, the district shall submit such plan to the
1099 local governing body for review and written approval as to its
1100 consistency with the local government comprehensive plan. The
1101 district must be notified of approval or disapproval within 60
1102 days after receipt of the plan for review, and a revised version
1103 of the plan may be submitted to satisfy any inconsistencies. The
1104 district may not proceed with the safe neighborhood improvement
1105 plan until final approval is given by the local governing body.
1106 (4)(5) Prior to adoption of the safe neighborhood
1107 improvement plan, the board shall hold a public hearing on the
1108 plan after public notice thereof by publication in a newspaper
1109 of general circulation in the county or municipality in which
1110 the district is located. The notice shall describe the time,
1111 date, place, and purpose of the hearing; identify the boundaries
1112 of the district; and outline the general scope of the plan.
1113 (5)(6) The board, after the public hearing, may approve the
1114 safe neighborhood improvement plan if it finds:
1115 (a) The plan has been approved as consistent with the local
1116 comprehensive plan by the local governing body; and
1117 (b) The plan will improve the promotion, appearance,
1118 safety, security, and public amenities of the neighborhood
1119 improvement district as stipulated in s. 163.502.
1120 (6)(7) If, at any time after approval of the safe
1121 neighborhood improvement plan, it becomes desirable to amend or
1122 modify the plan, the board may do so. Prior to any such
1123 amendment or modification, the board shall obtain written
1124 approval of the local governing body concerning conformity to
1125 the local government comprehensive plan and hold a public
1126 hearing on the proposed amendment or modification after public
1127 notice thereof by publication in a newspaper of general
1128 circulation in the county or municipality in which the district
1129 is located. The notice shall describe the time, place, and
1130 purpose of the hearing and generally describe the proposed
1131 amendment or modification.
1132 (8) Pursuant to s. 163.3184, the governing body of a
1133 municipality or county shall hold two public hearings to
1134 consider the board-adopted safe neighborhood improvement plan as
1135 an amendment or modification to the municipality’s or county’s
1136 adopted local comprehensive plan.
1137 (9) A safe neighborhood improvement plan for each district
1138 shall be prepared and adopted by the municipality or county
1139 prior to the levy and expenditure of any of the proceeds of any
1140 tax assessment or fee authorized to such districts other than
1141 for the preparation of the safe community or business
1142 improvement plan.
1143 Section 20. Section 163.517, Florida Statutes, is repealed.
1144 Section 21. Section 163.519, Florida Statutes, is repealed.
1145 Section 22. Section 163.521, Florida Statutes, is repealed.
1146 Section 23. Section 163.5215, Florida Statutes, is
1147 repealed.
1148 Section 24. Section 163.522, Florida Statutes, is repealed.
1149 Section 25. Section 163.523, Florida Statutes, is repealed.
1150 Section 26. Section 163.524, Florida Statutes, is repealed.
1151 Section 27. Section 163.526, Florida Statutes, is repealed.
1152 Section 28. Paragraph (c) of subsection (1) of section
1153 376.84, Florida Statutes, is amended to read:
1154 376.84 Brownfield redevelopment economic incentives.—It is
1155 the intent of the Legislature that brownfield redevelopment
1156 activities be viewed as opportunities to significantly improve
1157 the utilization, general condition, and appearance of these
1158 sites. Different standards than those in place for new
1159 development, as allowed under current state and local laws,
1160 should be used to the fullest extent to encourage the
1161 redevelopment of a brownfield. State and local governments are
1162 encouraged to offer redevelopment incentives for this purpose,
1163 as an ongoing public investment in infrastructure and services,
1164 to help eliminate the public health and environmental hazards,
1165 and to promote the creation of jobs in these areas. Such
1166 incentives may include financial, regulatory, and technical
1167 assistance to persons and businesses involved in the
1168 redevelopment of the brownfield pursuant to this act.
1169 (1) Financial incentives and local incentives for
1170 redevelopment may include, but not be limited to:
1171 (c) Safe Neighborhood improvement districts as provided in
1172 part IV of chapter 163 ss. 163.501-163.523.
1173 Section 29. Subsection (2) of section 775.083, Florida
1174 Statutes, is amended to read:
1175 775.083 Fines.—
1176 (2) In addition to the fines set forth in subsection (1),
1177 court costs shall be assessed and collected in each instance a
1178 defendant pleads nolo contendere to, or is convicted of, or
1179 adjudicated delinquent for, a felony, a misdemeanor, or a
1180 criminal traffic offense under state law, or a violation of any
1181 municipal or county ordinance if the violation constitutes a
1182 misdemeanor under state law. The court costs imposed by this
1183 section shall be $50 for a felony and $20 for any other offense
1184 and shall be deposited by the clerk of the court into an
1185 appropriate county account for disbursement for the purposes
1186 provided in this subsection. A county shall account for the
1187 funds separately from other county funds as crime prevention
1188 funds. The county, in consultation with the sheriff, must expend
1189 such funds for crime prevention programs in the county,
1190 including safe neighborhood improvement programs under part IV
1191 of chapter 163 ss. 163.501-163.523.
1192 Section 30. Paragraphs (a) and (c) of subsection (5) of
1193 section 932.7055, Florida Statutes, are amended to read:
1194 932.7055 Disposition of liens and forfeited property.—
1195 (5)(a) If the seizing agency is a county or municipal
1196 agency, the remaining proceeds shall be deposited in a special
1197 law enforcement trust fund established by the board of county
1198 commissioners or the governing body of the municipality. Such
1199 proceeds and interest earned therefrom shall be used for school
1200 resource officer, crime prevention, safe neighborhood
1201 improvement, drug abuse education and prevention programs, or
1202 for other law enforcement purposes, which include defraying the
1203 cost of protracted or complex investigations, providing
1204 additional equipment or expertise, purchasing automated external
1205 defibrillators for use in law enforcement vehicles, and
1206 providing matching funds to obtain federal grants. The proceeds
1207 and interest may not be used to meet normal operating expenses
1208 of the law enforcement agency.
1209 (c) An agency or organization, other than the seizing
1210 agency, that wishes to receive such funds shall apply to the
1211 sheriff or chief of police for an appropriation and its
1212 application shall be accompanied by a written certification that
1213 the moneys will be used for an authorized purpose. Such requests
1214 for expenditures shall include a statement describing
1215 anticipated recurring costs for the agency for subsequent fiscal
1216 years. An agency or organization that receives money pursuant to
1217 this subsection shall provide an accounting for such moneys and
1218 shall furnish the same reports as an agency of the county or
1219 municipality that receives public funds. Such funds may be
1220 expended in accordance with the following procedures:
1221 1. Such funds may be used only for school resource officer,
1222 crime prevention, safe neighborhood improvement, drug abuse
1223 education, or drug prevention programs or such other law
1224 enforcement purposes as the board of county commissioners or
1225 governing body of the municipality deems appropriate.
1226 2. Such funds shall not be a source of revenue to meet
1227 normal operating needs of the law enforcement agency.
1228 3. After July 1, 1992, and during every fiscal year
1229 thereafter, any local law enforcement agency that acquires at
1230 least $15,000 pursuant to the Florida Contraband Forfeiture Act
1231 within a fiscal year must expend or donate no less than 15
1232 percent of such proceeds for the support or operation of any
1233 drug treatment, drug abuse education, drug prevention, crime
1234 prevention, safe neighborhood improvement, or school resource
1235 officer program program(s). The local law enforcement agency has
1236 the discretion to determine which program or programs program(s)
1237 will receive the designated proceeds.
1238
1239 Notwithstanding the drug abuse education, drug treatment, drug
1240 prevention, crime prevention, safe neighborhood improvement, or
1241 school resource officer minimum expenditures or donations, the
1242 sheriff and the board of county commissioners or the chief of
1243 police and the governing body of the municipality may agree to
1244 expend or donate such funds over a period of years if the
1245 expenditure or donation of such minimum amount in any given
1246 fiscal year would exceed the needs of the county or municipality
1247 for such program or programs program(s). Nothing in this section
1248 precludes the expenditure or donation of forfeiture proceeds in
1249 excess of the minimum amounts established herein.
1250 Section 31. This act shall take effect July 1, 2012.