Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 599, 1st Eng.
       
       
       
       
       
       
                                Barcode 826678                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/WD/2R         .                                
             03/09/2012 11:01 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 566 and 567
    4  insert:
    5         Section 6. Paragraph (d) of subsection (2) of section
    6  163.2511, Florida Statutes, is amended to read:
    7         163.2511 Urban infill and redevelopment.—
    8         (2) It is declared that:
    9         (d) State urban policies should guide the state, regional
   10  agencies, local governments, and the private sector in
   11  preserving and redeveloping existing urban cores and promoting
   12  the adequate provision of infrastructure, human services,
   13  neighborhood improvement safe neighborhoods, educational
   14  facilities, and economic development to sustain these cores into
   15  the future.
   16         Section 7. Paragraph (c) of subsection (3) of section
   17  163.2517, Florida Statutes, is amended to read:
   18         163.2517 Designation of urban infill and redevelopment
   19  area.—
   20         (3) A local government seeking to designate a geographic
   21  area within its jurisdiction as an urban infill and
   22  redevelopment area shall prepare a plan that describes the
   23  infill and redevelopment objectives of the local government
   24  within the proposed area. In lieu of preparing a new plan, the
   25  local government may demonstrate that an existing plan or
   26  combination of plans associated with a community redevelopment
   27  area, Florida Main Street program, Front Porch Florida
   28  Community, sustainable community, enterprise zone, or
   29  neighborhood improvement district includes the factors listed in
   30  paragraphs (a)-(n), including a collaborative and holistic
   31  community participation process, or amend such existing plans to
   32  include these factors. The plan shall demonstrate the local
   33  government and community’s commitment to comprehensively address
   34  the urban problems within the urban infill and redevelopment
   35  area and identify activities and programs to accomplish locally
   36  identified goals such as code enforcement; improved educational
   37  opportunities; reduction in crime; neighborhood revitalization
   38  and preservation; provision of infrastructure needs, including
   39  mass transit and multimodal linkages; and mixed-use planning to
   40  promote multifunctional redevelopment to improve both the
   41  residential and commercial quality of life in the area. The plan
   42  shall also:
   43         (c) Identify and map existing enterprise zones, community
   44  redevelopment areas, community development corporations,
   45  brownfield areas, downtown redevelopment districts, safe
   46  neighborhood improvement districts, historic preservation
   47  districts, and empowerment zones or enterprise communities
   48  located within the area proposed for designation as an urban
   49  infill and redevelopment area and provide a framework for
   50  coordinating infill and redevelopment programs within the urban
   51  core.
   52         Section 8. Paragraph (a) of subsection (6) of section
   53  163.3182, Florida Statutes, is amended to read:
   54         163.3182 Transportation deficiencies.—
   55         (6) EXEMPTIONS.—
   56         (a) The following public bodies or taxing authorities are
   57  exempt from this section:
   58         1. A special district that levies ad valorem taxes on
   59  taxable real property in more than one county.
   60         2. A special district for which the sole available source
   61  of revenue is the authority to levy ad valorem taxes at the time
   62  an ordinance is adopted under this section. However, revenues or
   63  aid that may be dispensed or appropriated to a district as
   64  defined in s. 388.011 at the discretion of an entity other than
   65  such district are not deemed available.
   66         3. A library district.
   67         4. A neighborhood improvement district created under the
   68  Safe Neighborhoods Improvement Act.
   69         5. A metropolitan transportation authority.
   70         6. A water management district created under s. 373.069.
   71         7. A community redevelopment agency.
   72         Section 9. Paragraph (e) of subsection (2) of section
   73  163.3246, Florida Statutes, is amended to read:
   74         163.3246 Local government comprehensive planning
   75  certification program.—
   76         (2) In order to be eligible for certification under the
   77  program, the local government must:
   78         (e) Demonstrate that it has adopted programs in its local
   79  comprehensive plan and land development regulations which:
   80         1. Promote infill development and redevelopment, including
   81  prioritized and timely permitting processes in which
   82  applications for local development permits within the
   83  certification area are acted upon expeditiously for proposed
   84  development that is consistent with the local comprehensive
   85  plan.
   86         2. Promote the development of housing for low-income and
   87  very-low-income households or specialized housing to assist
   88  elderly and disabled persons to remain at home or in independent
   89  living arrangements.
   90         3. Achieve effective intergovernmental coordination and
   91  address the extrajurisdictional effects of development within
   92  the certified area.
   93         4. Promote economic diversity and growth while encouraging
   94  the retention of rural character, where rural areas exist, and
   95  the protection and restoration of the environment.
   96         5. Provide and maintain public urban and rural open space
   97  and recreational opportunities.
   98         6. Manage transportation and land uses to support public
   99  transit and promote opportunities for pedestrian and
  100  nonmotorized transportation.
  101         7. Use design principles to foster individual community
  102  identity, create a sense of place, and promote pedestrian
  103  oriented safe neighborhoods and town centers.
  104         8. Redevelop blighted areas.
  105         9. Adopt a local mitigation strategy and have programs to
  106  improve disaster preparedness and the ability to protect lives
  107  and property, especially in coastal high-hazard areas.
  108         10. Encourage clustered, mixed-use development that
  109  incorporates greenspace and residential development within
  110  walking distance of commercial development.
  111         11. Encourage urban infill at appropriate densities and
  112  intensities and separate urban and rural uses and discourage
  113  urban sprawl while preserving public open space and planning for
  114  buffer-type land uses and rural development consistent with
  115  their respective character along and outside the certification
  116  area.
  117         12. Assure protection of key natural areas and agricultural
  118  lands that are identified using state and local inventories of
  119  natural areas. Key natural areas include, but are not limited
  120  to:
  121         a. Wildlife corridors.
  122         b. Lands with high native biological diversity, important
  123  areas for threatened and endangered species, species of special
  124  concern, migratory bird habitat, and intact natural communities.
  125         c. Significant surface waters and springs, aquatic
  126  preserves, wetlands, and outstanding Florida waters.
  127         d. Water resources suitable for preservation of natural
  128  systems and for water resource development.
  129         e. Representative and rare native Florida natural systems.
  130         13. Ensure the cost-efficient provision of public
  131  infrastructure and services.
  132         Section 10. Paragraph (c) of subsection (2) of section
  133  163.387, Florida Statutes, is amended to read:
  134         163.387 Redevelopment trust fund.—
  135         (2)
  136         (c) The following public bodies or taxing authorities are
  137  exempt from paragraph (a):
  138         1. A special district that levies ad valorem taxes on
  139  taxable real property in more than one county.
  140         2. A special district for which the sole available source
  141  of revenue the district has the authority to levy is ad valorem
  142  taxes at the time an ordinance is adopted under this section.
  143  However, revenues or aid that may be dispensed or appropriated
  144  to a district as defined in s. 388.011 at the discretion of an
  145  entity other than such district shall not be deemed available.
  146         3. A library district, except a library district in a
  147  jurisdiction where the community redevelopment agency had
  148  validated bonds as of April 30, 1984.
  149         4. A neighborhood improvement district created under the
  150  Safe Neighborhoods Improvement Act.
  151         5. A metropolitan transportation authority.
  152         6. A water management district created under s. 373.069.
  153         Section 11. Section 163.501, Florida Statutes, is amended
  154  to read:
  155         163.501 Short title.—This part may be cited as the “Safe
  156  Neighborhoods Improvement Act.”
  157         Section 12. Section 163.502, Florida Statutes, is amended
  158  to read:
  159         163.502 Safe Neighborhoods improvement; legislative
  160  findings and purpose.—
  161         (1) The Legislature hereby finds and declares that among
  162  the many causes of deterioration in the business and residential
  163  neighborhoods of the state are the following: proliferation of
  164  crime, automobile traffic flow strangled by outmoded street
  165  patterns, unsuitable topography, faulty lot layouts,
  166  fragmentation of land uses and parking areas necessitating
  167  frequent automobile movement, lack of separation of pedestrian
  168  areas from automobile traffic, lack of separation of vehicle
  169  traffic lanes and railroad traffic, and excessive noise levels
  170  from automobile traffic, and lack of adequate public
  171  improvements such as streets, street lights, street furniture,
  172  street landscaping, sidewalks, traffic signals, way-finding
  173  signs, mass transit, stormwater systems, and other public
  174  utilities and improvements.
  175         (2) The Legislature further finds and declares that healthy
  176  and vibrant safe neighborhoods are the product of planning and
  177  implementation of appropriate environmental design concepts,
  178  comprehensive planning crime prevention programs, land use
  179  recommendations, and beautification techniques.
  180         (3) The Legislature further finds and declares that the
  181  provisions of this part and the powers granted to local
  182  governments, property owners’ associations, special dependent
  183  districts, and community redevelopment neighborhood improvement
  184  districts are desirable to guide and accomplish the coordinated,
  185  balanced, and harmonious development of healthy and vibrant safe
  186  neighborhoods; to promote the health, safety, and general
  187  welfare of these areas and their inhabitants, visitors, property
  188  owners, and workers; to establish, maintain, and preserve
  189  property values and preserve and foster the development of
  190  attractive neighborhood and business environments; to prevent
  191  overcrowding and congestion; and to improve or redirect
  192  automobile traffic and provide pedestrian safety; to reduce
  193  crime rates and the opportunities for the commission of crime;
  194  and to provide improvements in neighborhoods so they are
  195  defensible against crime.
  196         (4) It is the intent of the Legislature to assist local
  197  governments in implementing plans that improve the employ crime
  198  prevention through community policing innovations, environmental
  199  design, environmental security, and defensible space techniques
  200  to establish safe neighborhoods of this state. The Legislature,
  201  therefore, declares that the development, redevelopment,
  202  preservation, and revitalization of neighborhoods in this state,
  203  and all the purposes of this part, are public purposes for which
  204  public money may be borrowed, expended, loaned, and granted.
  205         Section 13. Section 163.503, Florida Statutes, is amended
  206  to read:
  207         163.503 Safe neighborhoods; Definitions.—
  208         (1) “Safe Neighborhood improvement district,” “district,”
  209  or “neighborhood improvement district” means a district located
  210  in an area in which more than 75 percent of the land is used for
  211  residential purposes, or in an area in which more than 75
  212  percent of the land is used for commercial, office, business, or
  213  industrial purposes, excluding the land area used for public
  214  facilities, and where there is a plan to reduce crime through
  215  the implementation of crime prevention through environmental
  216  design, environmental security, or defensible space techniques,
  217  or through community policing innovations. Nothing in This
  218  section does not shall preclude the inclusion of public land in
  219  a neighborhood improvement district although the amount of land
  220  used for public facilities is excluded from the land use acreage
  221  calculations.
  222         (2) “Association” means a property owners’ association
  223  which is incorporated for the purpose of creating and operating
  224  a neighborhood improvement district.
  225         (3) “Department” means the Department of Economic
  226  Opportunity Legal Affairs.
  227         (4) “Board” means the board of directors of a neighborhood
  228  improvement district, which may be the governing body of a
  229  municipality or county or the officers of a property owners’
  230  association or the board of directors of a special neighborhood
  231  improvement district or community redevelopment neighborhood
  232  improvement district.
  233         (5) “Environmental security” means an urban planning and
  234  design process which integrates crime prevention with
  235  neighborhood design and community development.
  236         (6) “Crime prevention through environmental design” means
  237  the planned use of environmental design concepts such as natural
  238  access control, natural surveillance, and territorial
  239  reinforcement in a neighborhood or community setting which is
  240  designed to reduce criminal opportunity and foster positive
  241  social interaction among the legitimate users of that setting.
  242         (7) “Defensible space” means an architectural perspective
  243  on crime prevention through physical design of the environment
  244  to create the ability to monitor and control the environment
  245  along individual perceived zones of territorial influence that
  246  result in a proprietary interest and a felt responsibility.
  247         (8) “Enterprise zone” means an area designated pursuant to
  248  s. 290.0065.
  249         (9) “Community policing innovation” means techniques or
  250  strategies as defined by s. 163.340.
  251         Section 14. Section 163.5035, Florida Statutes, is amended
  252  to read:
  253         163.5035 Safe Neighborhood improvement districts;
  254  compliance with special district provisions.—Any special
  255  district created pursuant to this part shall comply with all
  256  applicable provisions contained in chapter 189. In cases where a
  257  provision contained in this part conflicts with a provision in
  258  chapter 189, the provision in chapter 189 shall prevail.
  259         Section 15. Section 163.504, Florida Statutes, is amended
  260  to read:
  261         163.504 Safe Neighborhood improvement districts; planning
  262  funds.—
  263         (1) The governing body of any municipality or county may
  264  authorize the formation of safe neighborhood improvement
  265  districts through the adoption of an a planning ordinance that
  266  which specifies that such districts may be created by one or
  267  more of the methods established in ss. 163.506, 163.508,
  268  163.511, and 163.512. A No district may not overlap the
  269  jurisdictional boundaries of a municipality and the
  270  unincorporated area of a county, unless approved except by
  271  interlocal agreement.
  272         (2) If the governing body of a municipality or county
  273  elects to create a safe neighborhood improvement district, it
  274  shall be eligible to request a grant from the Safe Neighborhoods
  275  Program, created pursuant to s. 163.517 and administered by the
  276  Department of Legal Affairs, to prepare a safe neighborhood
  277  improvement plan for the district.
  278         (3) Municipalities and counties may implement the
  279  provisions of this section without planning funds from the
  280  Department of Legal Affairs. However, nothing in this section
  281  shall be construed to exempt any district from the requirements
  282  of providing a safe neighborhood improvement plan pursuant to s.
  283  163.516.
  284         Section 16. Section 163.5055, Florida Statutes, is amended
  285  to read:
  286         163.5055 Notice Registration of district establishment;
  287  notice of dissolution.—
  288         (1)(a) Each neighborhood improvement district authorized
  289  and established under this part shall within 30 days thereof
  290  notify register with both the Department of Economic Opportunity
  291  Community Affairs and the Department of Legal Affairs by
  292  providing the department these departments with the district’s
  293  name, location, size, and type, and such other information as
  294  the department departments may request require.
  295         (2)(b) Each local governing body that which authorizes the
  296  dissolution of a district shall notify both the Department of
  297  Economic Opportunity Community Affairs and the Department of
  298  Legal Affairs within 30 days after the dissolution of the
  299  district.
  300         (2) This section shall apply to all neighborhood
  301  improvement districts established on or after July 1, 1987.
  302         Section 17. Section 163.506, Florida Statutes, is amended
  303  to read:
  304         163.506 Local government neighborhood improvement
  305  districts; creation; advisory council; dissolution.—
  306         (1) After an a local planning ordinance has been adopted
  307  authorizing the creation of local government neighborhood
  308  improvement districts, the local governing body of a
  309  municipality or county may create local government neighborhood
  310  improvement districts by the enactment of a separate ordinance
  311  for each district, which ordinance:
  312         (a) Specifies the boundaries, size, and name of the
  313  district.
  314         (b) Authorizes the district to receive grants a planning
  315  grant from the department.
  316         (c) Authorizes the local government neighborhood
  317  improvement district to levy an ad valorem tax on real and
  318  personal property of up to 2 mills annually.
  319         (d) Authorizes the use of special assessments to support
  320  planning and implementation of district improvements pursuant to
  321  the provisions of s. 163.514(16), if the district is a
  322  residential local government neighborhood improvement district
  323  including community policing innovations.
  324         (e) Designates the local governing body as the board of
  325  directors of the district.
  326         (f) Establishes an advisory council to the board of
  327  directors comprised of property owners, representatives of
  328  property owners, business owners, or residents of the district.
  329         (g) May prohibit the use of any district power authorized
  330  by s. 163.514.
  331         (h) Requires the district to notify the Department of Legal
  332  Affairs and the Department of Economic Opportunity Community
  333  Affairs in writing of its establishment within 30 days thereof
  334  pursuant to s. 163.5055.
  335         (i) Authorizes the district to borrow money, contract
  336  loans, and issue bonds, certificates, warrants, notes, or other
  337  evidence of indebtedness from time to time to finance the
  338  undertaking of any capital or other project for the purposes
  339  permitted by the State Constitution and this part and pledge the
  340  funds, credit, property, and taxing power of the improvement
  341  district for the payment of such debts and bonds.
  342         1. Bonds issued under this part shall be authorized by
  343  resolution of the governing board of the district and, if
  344  required by the State Constitution, by affirmative vote of the
  345  electors of the district. Such bonds may be issued in one or
  346  more series and shall bear such date or dates, be payable upon
  347  demand or mature at such time or times, bear interest at such
  348  rate or rates, be in such denomination or denominations, be in
  349  such form, registered or not, with or without coupon, carry such
  350  conversion or registration privileges, have such rank or
  351  priority, be executed in such manner, be payable in such medium
  352  of payment, at such place or places, and subject to such terms
  353  of redemption, with or without premium, be secured in such
  354  manner, and have such other characteristics as may be provided
  355  by such resolution or trust indenture or mortgage issued
  356  pursuant thereto.
  357         2. The governing body of the district shall determine the
  358  terms and manner of sale and distribution or other disposition
  359  of any and all bonds it may issue, consistent with s. 218.385,
  360  and shall have any and all powers necessary and convenient to
  361  such disposition.
  362         3. The governing body of the district may establish and
  363  administer such sinking funds as it deems necessary or
  364  convenient for the payment, purchase, or redemption of any
  365  outstanding bonded indebtedness of the district.
  366         4. The governing body of the improvement district may levy
  367  ad valorem taxes upon real and tangible personal property within
  368  the district as it deems necessary to make payment, including
  369  principal and interest, upon the general obligation and ad
  370  valorem bonded indebtedness of the district or into any sinking
  371  fund created pursuant to this part.
  372         5. This part shall be full authority for the issuance of
  373  bonds authorized herein.
  374         (j) Authorizes the district to make and collect special
  375  assessments pursuant to ss. 197.3632 and 197.3635 to pay for
  376  capital improvements within the district and for reasonable
  377  expenses of operating the district, including the payment of
  378  expenses included in the district’s budget, if the district is a
  379  commercial local government neighborhood improvement district.
  380  Such assessments may not exceed $500 for each individual parcel
  381  of land per year.
  382         (k) Authorizes the district to charge, collect, and enforce
  383  fees and other user charges.
  384         (l) Conditions the exercise of the powers provided in
  385  paragraphs (c), (i), and (j) on approval pursuant to a
  386  referendum as described in this paragraph:
  387         1. Within 45 days after the date the governing body of the
  388  municipality or county enacts an ordinance calling a referendum
  389  pursuant to this subsection, the city clerk or the supervisor of
  390  elections, whichever is appropriate, shall certify such
  391  ordinance and compile a list of the names and last known
  392  addresses of the freeholders in the proposed local government
  393  neighborhood improvement district from the tax assessment roll
  394  of the county applicable as of December 31 in the year preceding
  395  the year in which the ordinance was enacted. Except as otherwise
  396  provided in this paragraph, the list shall constitute the
  397  registration list for the purposes of the freeholders’
  398  referendum required under this paragraph.
  399         2. Within 45 days after compilation of the freeholders’
  400  registration list pursuant to subparagraph 1., the city clerk or
  401  the supervisor of elections shall notify each such freeholder of
  402  the general provisions of this paragraph, including the taxing
  403  authority and the date of the upcoming referendum, and the
  404  method provided for submitting corrections to the registration
  405  list if the status of the freeholder has changed since the
  406  compilation of the tax rolls. Notification shall be by first
  407  class United States mail and, in addition thereto, by
  408  publication one time in a newspaper of general circulation in
  409  the county or municipality in which the district is located.
  410         3. Any freeholder whose name does not appear on the tax
  411  rolls compiled pursuant to subparagraph 1. may register to vote
  412  with the city clerk or the supervisor of elections. The
  413  registration list shall remain open for 75 days after enactment
  414  of the ordinance calling for the referendum.
  415         4. Within 15 days after the closing of the registration
  416  list, the city clerk or the supervisor of elections shall send a
  417  ballot to each registered freeholder at his or her last known
  418  mailing address by first-class United States mail. The ballot
  419  shall include:
  420         a. A description of the general provisions of this
  421  paragraph applicable to local government neighborhood
  422  improvement districts;
  423         b. The assessed value of the freeholder’s property;
  424         c. The percent of the freeholder’s interest in such
  425  property; and
  426         d. Immediately following the information required in sub
  427  subparagraphs a.-c., the following:
  428  
  429         “Do you favor authorizing the .... Local Government
  430  Neighborhood Improvement District to levy up to 2 mills of ad
  431  valorem taxes by such proposed district?
  432  
  433         ....Yes, for authorizing the levy of up to 2 mills of ad
  434  valorem taxes by such proposed district.
  435  
  436         ....No, against authorizing the levy of up to 2 mills of ad
  437  valorem taxes by such proposed district.”
  438  
  439         “Do you favor authorizing the .... Local Government
  440  Neighborhood Improvement District to borrow money, including the
  441  issuance of bonds, as provided by s. 163.506(1)(i)?
  442  
  443         ....Yes, for authorizing the borrowing of money for
  444  district purposes.
  445  
  446         ....No, against authorizing the borrowing of money for
  447  district purposes.”
  448  
  449         “Do you favor authorizing the .... Local Government
  450  Neighborhood Improvement District to impose a special assessment
  451  of not greater than $500 for each individual parcel of land per
  452  year to pay for the expenses of operating the neighborhood
  453  improvement district and for approved capital improvements?
  454  
  455         ....Yes, for the special assessment.
  456  
  457         ....No, against the special assessment.”
  458  
  459         5. Ballots shall be returned by first-class United States
  460  mail or by personal delivery.
  461         6. All ballots received within 120 days after enactment of
  462  the ordinance shall be tabulated by the city clerk or the
  463  supervisor of elections, who shall certify the results thereof
  464  to the city council or county commission no later than 5 days
  465  after the 120-day period.
  466         7. The freeholders shall be deemed to have approved of the
  467  provisions of this paragraph at such time as the city clerk or
  468  the supervisor of elections certifies to the governing body of
  469  the municipality or county that approval has been given by
  470  freeholders owning in excess of 50 percent of the assessed value
  471  of the properties represented by ballots cast.
  472         8. The city clerk or the supervisor of elections, whichever
  473  is appropriate, shall enclose with each ballot sent pursuant to
  474  this paragraph two envelopes: a secrecy envelope, into which the
  475  freeholder shall enclose the marked ballot; and a mailing
  476  envelope, into which the freeholder shall then place the secrecy
  477  envelope, which shall be addressed to the city clerk or the
  478  supervisor of elections. The back side of the mailing envelope
  479  shall bear a certificate in substantially the following form:
  480  
  481   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  482                 AND COMPLETING VOTER’S CERTIFICATE.               
  483  
  484                         VOTER’S CERTIFICATE                       
  485  
  486         I, ...., am a duly qualified and registered freeholder of
  487  the proposed ...(name)... local government neighborhood
  488  improvement district; and I am entitled to vote this ballot. I
  489  do solemnly swear or affirm that I have not and will not vote
  490  more than one ballot in this election. I understand that failure
  491  to sign this certificate and have my signature witnessed will
  492  invalidate my ballot.
  493  
  494         ...(Voter’s Signature)...
  495  
  496         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  497  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  498         I swear or affirm that the elector signed this voter’s
  499  certificate in my presence.
  500  
  501         ...(Signature of Witness)...
  502         ...(Address)...(City/State)...
  503  
  504         9. The certificate shall be arranged on the back of the
  505  mailing envelope so that the lines for the signatures of the
  506  freeholder and the attesting witness are across the seal of the
  507  envelope; however, no statement shall appear on the envelope
  508  which indicates that a signature of the freeholder or witness
  509  must cross the seal of the envelope. The freeholder and the
  510  attesting witness shall execute the certificate on the envelope.
  511         10. The city clerk or the supervisor of elections shall
  512  enclose with each ballot sent to a freeholder pursuant to this
  513  paragraph separate printed instructions in substantially the
  514  following form:
  515  
  516      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  517  
  518         a. VERY IMPORTANT. In order to ensure that your ballot will
  519  be counted, it should be completed and returned as soon as
  520  possible so that it can reach the city clerk or the supervisor
  521  of elections no later than 7 p.m. on the (final day of the 120
  522  day period given here).
  523         b. Mark your ballot in secret as instructed on the ballot.
  524         c. Place your marked ballot in the enclosed secrecy
  525  envelope.
  526         d. Insert the secrecy envelope into the enclosed mailing
  527  envelope, which is addressed to the city clerk or the supervisor
  528  of elections.
  529         e. Seal the mailing envelope and completely fill out the
  530  Voter’s Certificate on the back of the mailing envelope.
  531         f. VERY IMPORTANT. Sign your name on the line provided for
  532  “(Voter’s Signature).”
  533         g. VERY IMPORTANT. In order for your ballot to be counted,
  534  it must include the signature and address of a witness 18 years
  535  of age or older affixed to the Voter’s Certificate.
  536         h. Mail, deliver, or have delivered the completed mailing
  537  envelope. Be sure there is sufficient postage if mailed.
  538         (2) The advisory council shall perform such duties as may
  539  be prescribed by the governing body and shall submit within the
  540  time period specified by the governing body, acting as the board
  541  of directors, a report on the district’s activities and a
  542  proposed budget to accomplish its objectives. In formulating a
  543  plan for services or improvements the advisory board shall
  544  consult in public session with the appropriate staff or
  545  consultants of the local governing body responsible for the
  546  district’s plan.
  547         (3) As an alternative to designating the local governing
  548  body as the board of directors, a majority of the local
  549  governing body of a city or county may appoint a board of three
  550  to seven directors for the district who shall be residents of
  551  the proposed area and who are subject to ad valorem taxation in
  552  the residential neighborhood improvement district or who are
  553  property owners in a commercial neighborhood improvement
  554  district. The directors shall be appointed for staggered terms
  555  of 3 years. The initial appointments shall be as follows: one
  556  director for a 1-year term; one director for a 2-year term; and
  557  one director for a 3-year term. If more than three directors are
  558  to be appointed, the additional members shall initially be
  559  appointed for 3-year terms. Vacancies shall be filled for the
  560  unexpired portion of a term in the same manner as the initial
  561  appointments were made. Each director shall hold office until
  562  his or her successor is appointed and qualified unless the
  563  director ceases to be qualified or is removed from office. Upon
  564  appointment and qualification and in January of each year, the
  565  directors shall organize by electing from their number a chair
  566  and a secretary.
  567         (3)(4) A district may be dissolved by the governing body by
  568  rescinding the ordinance creating the district. The governing
  569  body may rescind shall consider rescinding the ordinance if
  570  presented with a petition requesting that it be rescinded.
  571  Petitions related to a residential neighborhood improvement
  572  district must contain containing the signatures of 60 percent of
  573  the residents. Petitions related to a commercial neighborhood
  574  improvement district must contain signatures representing owners
  575  of 60 percent of the land area of the of a district.
  576         Section 18. Section 163.508, Florida Statutes, is amended
  577  to read:
  578         163.508 Property owners’ association neighborhood
  579  improvement districts; creation; powers and duties; duration.—
  580         (1) After an a local planning ordinance has been adopted
  581  authorizing the creation of property owners’ association
  582  neighborhood improvement districts, the local governing body of
  583  a municipality or county may create property owners’ association
  584  neighborhood improvement districts by the enactment of a
  585  separate ordinance for each district, which ordinance:
  586         (a) Establishes that an incorporated property owners’
  587  association representing 75 percent of all owners of property
  588  within a proposed district meeting the requirements of this
  589  section has petitioned the governing body of the municipality or
  590  county for creation of a district for the area encompassed by
  591  the property owned by members of the association.
  592         (b) Specifies the boundaries, size, and name of the
  593  district.
  594         (c) Authorizes the governing body through mutual agreement
  595  with the property owners’ association to:
  596         1. Request grants a matching grant from the state’s Safe
  597  Neighborhoods Program to prepare the first year’s safe
  598  neighborhood improvement plan. The provider of the local match
  599  for the state grant shall be mutually agreed upon between the
  600  governing body and the property owners’ association. The
  601  governing body may agree to provide the match as a no-interest
  602  bearing loan to be paid back from assessments imposed by the
  603  association on its members or shareholders.
  604         2. Provide staff and other technical assistance to the
  605  property owners’ association on a mutually agreed-upon basis,
  606  contractual or otherwise.
  607         3. Prepare the first year’s safe neighborhood improvement
  608  plan, which shall comply with and be consistent with the
  609  governing body’s adopted comprehensive plan.
  610         (d) Provides for an audit of the property owners’
  611  association.
  612         (e) Designates the officers of the incorporated property
  613  owners’ association as the board of directors of the district.
  614         (f) May prohibit the use of any district power authorized
  615  by s. 163.514.
  616         (g) Requires the district to notify the Department of Legal
  617  Affairs and the Department of Economic Opportunity Community
  618  Affairs in writing of its establishment within 30 days thereof
  619  pursuant to s. 163.5055.
  620         (2) In order to qualify for the creation of a neighborhood
  621  improvement district, the property owners shall form an
  622  association in compliance with this section, or use an existing
  623  property owners’ association in compliance with this section,
  624  which shall be a corporation, for profit or not for profit. At
  625  least, and of which not less than 75 percent of all property
  626  owners within the proposed area must consent have consented in
  627  writing to become members or shareholders. Upon such consent by
  628  75 percent of the property owners in the proposed district, all
  629  consenting property owners and their successors shall become
  630  members of the association and shall be bound by the provisions
  631  of the articles of incorporation, the bylaws of the association,
  632  the covenants, the deed restrictions, the indentures, and any
  633  other properly promulgated restrictions. The association shall
  634  have no member or shareholder who is not a bona fide owner of
  635  property within the proposed district. Upon receipt of its
  636  certificate of incorporation, the property owners’ association
  637  shall notify the clerk of the city or county court, whichever is
  638  appropriate, in writing, of such incorporation and shall list
  639  the names and addresses of the officers of the association.
  640         (3) Any incorporated property owners’ association operating
  641  pursuant to this part has shall have the power:
  642         (a) To negotiate with the governing body of a municipality
  643  or county for closing, privatizing, or modifying the rights-of
  644  way, and appurtenances thereto, within the district.
  645         (b) To use utilize various legal instruments such as
  646  covenants, deed restrictions, and indentures to preserve and
  647  maintain the integrity of property, land, and rights-of-way
  648  owned and conveyed to it within the district.
  649         (c) To make and collect assessments against all property
  650  within the boundaries of the district pursuant to the provisions
  651  of s. 163.514(16) and to lease, maintain, repair, and
  652  reconstruct any privatized street, land, or common area within
  653  the district upon dedication thereof to the association.
  654         (d) Without the joinder of any property owner, to modify,
  655  move, or create any easement for ingress and egress or for the
  656  purpose of utilities, if such easement constitutes part of or
  657  crosses district property. However, this does shall not
  658  authorize the association to modify or move any easement that
  659  which is created in whole or in part for the use or benefit of
  660  anyone other than association members, or that which crosses the
  661  property of anyone other than association members, without the
  662  consent or approval of such person as required by law or by the
  663  instrument creating the easement. Nothing in this paragraph
  664  shall affect the rights of ingress or egress of any member of
  665  the association.
  666         (4) A property owners’ association neighborhood improvement
  667  district shall continue in perpetuity as long as the property
  668  owners’ association created pursuant to this section exists
  669  under the applicable laws of the state.
  670         Section 19. Subsections (1), (7), (8), and (10) of section
  671  163.511, Florida Statutes, are amended to read:
  672         163.511 Special neighborhood improvement districts;
  673  creation; referendum; board of directors; duration; extension.—
  674         (1) After an a local planning ordinance has been adopted
  675  authorizing the creation of special neighborhood improvement
  676  districts, the governing body of a municipality or county may
  677  declare the need for and create special residential or business
  678  neighborhood improvement districts by the enactment of a
  679  separate ordinance for each district, which ordinance:
  680         (a) Conditions the implementation of the ordinance on the
  681  approval of a referendum as provided in subsection (2).
  682         (b) Authorizes the special neighborhood improvement
  683  district to levy an ad valorem tax on real and personal property
  684  of up to 2 mills annually.
  685         (c) Authorizes the use of special assessments to support
  686  planning and implementation of district improvements pursuant to
  687  the provisions of s. 163.514(16), including community policing
  688  innovations.
  689         (d) Specifies the boundaries, size, and name of the
  690  district.
  691         (e) Authorizes the district to receive a planning grant
  692  from the department.
  693         (f) Provides for the appointment of a 3-member board of
  694  directors for the district.
  695         (g) May authorize a special neighborhood improvement
  696  district to exercise the power of eminent domain pursuant to
  697  chapters 73 and 74. Any property identified for eminent domain
  698  by the district shall be subject to the approval of the local
  699  governing body before eminent domain procedures are exercised.
  700         (h) May prohibit the use of any district power authorized
  701  by s. 163.514.
  702         (i) Requires the district to notify the Department of Legal
  703  Affairs and the Department of Economic Opportunity Community
  704  Affairs in writing of its establishment within 30 days thereof
  705  pursuant to s. 163.5055.
  706         (j) May authorize a special neighborhood improvement
  707  district to develop and implement community policing innovations
  708  in consultation with the local law enforcement agency having
  709  jurisdiction within the district boundaries.
  710         (7) The business and affairs of a special neighborhood
  711  improvement district shall be conducted and administered by a
  712  board of three directors who shall be residents of or property
  713  owners within the proposed area and who are subject to ad
  714  valorem taxation in the district. Upon their initial appointment
  715  and qualification and in January of each year thereafter, the
  716  directors shall organize by electing from their number a chair
  717  and a secretary, and may also employ staff and legal
  718  representatives as deemed appropriate, who shall serve at the
  719  pleasure of the board and may receive such compensation as shall
  720  be fixed by the board. The secretary shall keep a record of the
  721  proceedings of the district and shall be custodian of all books
  722  and records of the district. The directors may shall not receive
  723  any compensation for their services, nor may they be employed by
  724  the district.
  725         (8) Within 30 days of the approval of the creation of a
  726  special neighborhood improvement district, if the district is in
  727  a municipality, a majority of the governing body of the
  728  municipality, or if the district is in the unincorporated area
  729  of the county, a majority of the county commission, shall
  730  appoint the three directors provided for herein for staggered
  731  terms of 3 years. The initial appointments shall be as follows:
  732  one for a 1-year term, one for a 2-year term, and one for a 3
  733  year term. Each director shall hold office until his or her
  734  successor is appointed and qualified unless the director ceases
  735  to be qualified to act as a director or is removed from office.
  736  Vacancies on the board shall be filled for the unexpired portion
  737  of a term in the same manner as the initial appointments were
  738  made.
  739         (10) The governing body of a municipality or county may
  740  remove a director for inefficiency, neglect of duty, or
  741  misconduct in office only after a hearing and only if he or she
  742  has been given a copy of the charges at least 10 days prior to
  743  such hearing and has had an opportunity to be heard in person or
  744  by counsel. A vacancy so created shall be filled as provided
  745  herein.
  746         Section 20. Section 163.512, Florida Statutes, is amended
  747  to read:
  748         163.512 Community redevelopment neighborhood improvement
  749  districts; creation; advisory council; dissolution.—
  750         (1) Upon the recommendation of the community redevelopment
  751  agency and after an a local planning ordinance has been adopted
  752  authorizing the creation of community redevelopment neighborhood
  753  improvement districts, the local governing body of a
  754  municipality or county may create community redevelopment
  755  neighborhood improvement districts by the enactment of a
  756  separate ordinance for each district, which ordinance:
  757         (a) Specifies the boundaries, size, and name of the
  758  district.
  759         (b) Authorizes the district to receive grants a planning
  760  grant from the department.
  761         (c) Authorizes the use of the community redevelopment trust
  762  fund created pursuant to s. 163.387 for the purposes of
  763  implementing the district’s safe neighborhood improvement plan
  764  and furthering crime prevention through community policing
  765  innovations, environmental design, environmental security, and
  766  defensible space techniques, if the expenditures from the
  767  community redevelopment trust fund are consistent with the
  768  community redevelopment plan created pursuant to s. 163.360.
  769         (d) Designates the community redevelopment board of
  770  commissioners established pursuant to s. 163.356 or s. 163.357
  771  as the board of directors for the district.
  772         (e) Establishes an advisory council to the board of
  773  directors comprised of property owners or residents of the
  774  district.
  775         (f) May prohibit the use of any district power authorized
  776  by s. 163.514.
  777         (g) Requires that the district’s safe neighborhood
  778  improvement plan be consistent with the community redevelopment
  779  plan created pursuant to s. 163.360, and permits the safe
  780  neighborhood improvement plan to be included in the community
  781  redevelopment plan as an optional element.
  782         (h) Requires that the boundaries of the community
  783  redevelopment district be contained in whole within the
  784  community redevelopment area established pursuant to ss. 163.355
  785  and 163.356.
  786         (i) Requires the district to notify the Department of Legal
  787  Affairs and the Department of Economic Opportunity Community
  788  Affairs in writing of its establishment within 30 days thereof
  789  pursuant to s. 163.5055.
  790         (2) The advisory council shall perform such duties as may
  791  be prescribed by the community redevelopment board established
  792  pursuant to s. 163.356 and shall submit within the time period
  793  specified by the board of directors a report on the district’s
  794  activities and a proposed budget to accomplish its objectives.
  795  In formulating a plan for services or improvements, the advisory
  796  council shall consult in public session with the appropriate
  797  staff or consultants of the community redevelopment board
  798  responsible for the district’s plan.
  799         (3) A district may be dissolved by the local governing body
  800  by rescinding the ordinance creating the district. The governing
  801  body may rescind shall consider rescinding the ordinance if
  802  presented with a petition containing the signatures of 60
  803  percent of the residents of a district.
  804         Section 21. Section 163.513, Florida Statutes, is repealed.
  805         Section 22. Section 163.514, Florida Statutes, is amended
  806  to read:
  807         163.514 Powers of neighborhood improvement districts.
  808  Unless prohibited by ordinance, the board of any district is
  809  shall be empowered to:
  810         (1) Enter into contracts and agreements and sue and be sued
  811  as a body corporate.
  812         (2) Have and use a corporate seal.
  813         (3) Acquire, own, convey, or otherwise dispose of, lease as
  814  lessor or lessee, construct, maintain, improve, enlarge, raze,
  815  relocate, operate, and manage property and facilities of
  816  whatever type to which it holds title and grant and acquire
  817  licenses, easements, and options with respect thereto.
  818         (4) Accept grants and donations of any type of property,
  819  labor, or other thing of value from any public or private
  820  source.
  821         (5) Have exclusive control of funds legally available to
  822  it, subject to limitations imposed by law or by any agreement
  823  validly entered into by it.
  824         (6) Cooperate and contract with other governmental agencies
  825  or other public bodies.
  826         (7) Contract for services of planners, engineers,
  827  attorneys, and other planning consultants, experts on crime
  828  prevention through community policing innovations, environmental
  829  design, environmental security, or defensible space, or other
  830  experts in areas pertaining to the operations of the board of
  831  directors or the district.
  832         (8) Contract with the county or municipal government for
  833  planning assistance, legal advice, and for increased levels of
  834  law enforcement protection and security, including additional
  835  personnel.
  836         (9) Promote and advertise the commercial advantages of the
  837  district so as to attract new businesses and encourage the
  838  expansion of existing businesses.
  839         (10) Promote and advertise the district to the public and
  840  engage in cooperative advertising programs with businesses
  841  located in the district.
  842         (11) Improve, plan, design, construct, operate, provide,
  843  and maintain street lighting, parks, streets, drainage,
  844  utilities, swales, parking facilities, transit facilities,
  845  landscaping, and open areas, and provide safe access to mass
  846  transportation facilities in the district.
  847         (12) Undertake innovative approaches to securing
  848  neighborhoods from crime, such as crime prevention through
  849  community policing innovations, environmental design,
  850  environmental security, and defensible space.
  851         (13) Privatize, close, vacate, plan, or replan streets,
  852  roads, sidewalks, and alleys, subject to the concurrence of the
  853  local governing body and, if required, the state Department of
  854  Transportation.
  855         (14) Prepare, adopt, implement, and modify a safe
  856  neighborhood improvement plan for the district.
  857         (15) Identify areas with blighted influences, including,
  858  but not limited to, areas where unlawful urban dumping or
  859  graffiti are prevalent, and develop programs for eradication
  860  thereof.
  861         (16)(a) Subject to referendum approval, and for residential
  862  local government, special, community redevelopment, and property
  863  owners’ association neighborhood improvement districts only,
  864  make and collect special assessments pursuant to ss. 197.3632
  865  and 197.3635 to pay for improvements to the district and for
  866  reasonable expenses of operating the district, including the
  867  payment of expenses included in the district’s budget, subject
  868  to an affirmative vote by a majority of the registered voters
  869  residing in the district. Such assessments shall not exceed $500
  870  for each individual parcel of land per year. Notwithstanding the
  871  provisions of s. 101.6102, the referendum to approve the special
  872  assessment shall be by mail ballot.
  873         (b) In order to implement this subsection, the city clerk
  874  or the supervisor of elections, whichever is appropriate, shall
  875  compile a list of the names and last known addresses of the
  876  electors in the neighborhood improvement district from the list
  877  of registered voters of the county as of the last day of the
  878  preceding month. The same shall constitute the registration list
  879  for the purposes of a referendum. Within 45 days after
  880  compilation of the voter registration list, the city clerk or
  881  the supervisor of elections shall notify each elector of the
  882  general provisions of this section, including the taxing
  883  authority and the date of the upcoming referendum. Notification
  884  shall be by United States mail and, in addition thereto, by
  885  publication one time in a newspaper of general circulation in
  886  the county or municipality in which the district is located.
  887         (c) Any resident of the district whose name does not appear
  888  on the list compiled pursuant to paragraph (b) may register to
  889  vote as provided by law. The registration list shall remain open
  890  for 75 days after the notification required in paragraph (b).
  891         (d) Within 15 days after the closing of registration, the
  892  city clerk or the supervisor of elections shall send a ballot to
  893  each elector at his or her last known mailing address by first
  894  class United States mail. The ballot shall include:
  895         1. A description of the general provisions of this section
  896  applicable to the neighborhood improvement district; and
  897         2. Immediately following said information, the following:
  898  
  899         “Do you favor the imposition of a special assessment of not
  900  greater than $500 for each individual parcel of land per year to
  901  pay for the expenses of operating the neighborhood improvement
  902  district?
  903  
  904         ....Yes, for the special assessment.
  905  
  906         ....No, against the special assessment.”
  907  
  908         (e) Ballots shall be returned by United States mail or by
  909  personal delivery.
  910         (f) All ballots received within 60 days after the closing
  911  of registration shall be tabulated by the city clerk or the
  912  supervisor of elections, who shall certify the results thereof
  913  to the city governing body or county commission no later than 5
  914  days after said 60-day period.
  915         (17) Exercise all lawful powers incidental to the effective
  916  and expedient exercise of the foregoing powers.
  917         Section 23. Subsections (3) and (4) of section 163.5151,
  918  Florida Statutes, are amended to read:
  919         163.5151 Fiscal management; budget preparation.—
  920         (3) Each local government and special neighborhood
  921  improvement district levying an ad valorem tax on real or
  922  personal property shall establish its budget pursuant to the
  923  provisions of chapter 200. Before adopting Prior to adoption of
  924  the final budget and setting of the millage rate to be levied by
  925  the board, the board shall submit a tentative budget and
  926  proposed millage rate of the district to the governing body of
  927  the municipality in which the district is located, or to the
  928  county if the district is located in the unincorporated portion
  929  of the county, for approval or disapproval. Such governing body
  930  shall have the power to modify the budget or millage submitted
  931  by the board. Subsequent to approval, the board shall adopt its
  932  final budget and millage rate in accordance with the
  933  requirements of chapter 200.
  934         (4) At the option of the county property appraiser for the
  935  county within which the neighborhood improvement district is
  936  located, the assessments levied by the district may shall be
  937  collected in the same manner as all ad valorem taxes if so
  938  requested by the local governing body pursuant to s. 197.363.
  939         Section 24. Section 163.516, Florida Statutes, is amended
  940  to read:
  941         163.516 Safe Neighborhood improvement plans.—
  942         (1) A safe neighborhood improvement plan is mandated for
  943  all neighborhood improvement districts. The plan must shall
  944  contain at least the following elements:
  945         (a) Demographics of the district.
  946         (b) Crime activity data and analysis.
  947         (b)(c) Land use, zoning, housing, and traffic analysis.
  948         (d) Determination of the problems of the crime-to
  949  environment relationship and the stability of the neighborhood
  950  improvement district.
  951         (c)(e) Statement of the district’s goal and objectives.
  952         (f) Assessment of crime prevention through community
  953  policing innovations, environmental design, environmental
  954  security, and defensible space strategies and tactics that will
  955  be applied to the crime-to-environment relationship problems.
  956         (g) Cost estimates and the methods of financing.
  957         (h) Outline of program participants and their functions and
  958  responsibilities.
  959         (i) Schedule for executing program activities.
  960         (j) Evaluation guidelines.
  961         (2) Every safe neighborhood improvement plan must shall
  962  show, by diagram and by general explanation:
  963         (a) Such property as is intended for use as public parks,
  964  recreation areas, streets, public utilities, and public
  965  improvements of any nature.
  966         (b) Specific identification of any publicly funded capital
  967  improvement projects to be undertaken within the district.
  968         (c) Adequate assurances that the improvements will be
  969  carried out pursuant to the plan.
  970         (d) Provision for the retention of controls and the
  971  establishment of any restrictions or covenants running with land
  972  sold or leased for private use for such periods of time and
  973  under such conditions as the governing body of the municipality
  974  in which the district is located, or the county if the district
  975  is located in the unincorporated portion of the county, deems
  976  necessary to effectuate the purposes of this part.
  977         (c)(e) Projected costs of improvements, including the
  978  amount to be expended on publicly funded capital improvement
  979  projects in the district and any indebtedness of the district,
  980  the county, or the municipality proposed to be incurred if such
  981  indebtedness is to be repaid with district revenues.
  982         (f) Promotion of advertising programs to be undertaken by
  983  the district or in conjunction with businesses in the district.
  984         (g) Suggested physical improvements necessary for the
  985  safety of residents in or visitors to the district.
  986         (h) Law enforcement and security plans for the district.
  987         (3) The safe neighborhood improvement plan must shall:
  988         (a) Be consistent with the adopted comprehensive plan for
  989  the county or municipality pursuant to the Community Planning
  990  Act. No district plan shall be implemented unless the local
  991  governing body has determined said plan is consistent.
  992         (b) Be sufficiently complete to indicate such land
  993  acquisition, demolition and removal of structures, street
  994  modifications, redevelopment, and rehabilitation as may be
  995  proposed to be carried out in the district.
  996         (c) Provide some method for and measurement of the
  997  reduction of crime within the district.
  998         (4) The county, municipality, or district may prepare or
  999  cause to be prepared a safe neighborhood improvement plan, or
 1000  any person or agency, public or private, may submit such a plan
 1001  to a district. Prior to its consideration of a safe neighborhood
 1002  improvement plan, the district shall submit such plan to the
 1003  local governing body for review and written approval as to its
 1004  consistency with the local government comprehensive plan. The
 1005  district must be notified of approval or disapproval within 60
 1006  days after receipt of the plan for review, and a revised version
 1007  of the plan may be submitted to satisfy any inconsistencies. The
 1008  district may not proceed with the safe neighborhood improvement
 1009  plan until final approval is given by the local governing body.
 1010         (4)(5) Prior to adoption of the safe neighborhood
 1011  improvement plan, the board shall hold a public hearing on the
 1012  plan after public notice thereof by publication in a newspaper
 1013  of general circulation in the county or municipality in which
 1014  the district is located. The notice shall describe the time,
 1015  date, place, and purpose of the hearing; identify the boundaries
 1016  of the district; and outline the general scope of the plan.
 1017         (5)(6) The board, after the public hearing, may approve the
 1018  safe neighborhood improvement plan if it finds:
 1019         (a) The plan has been approved as consistent with the local
 1020  comprehensive plan by the local governing body; and
 1021         (b) The plan will improve the promotion, appearance,
 1022  safety, security, and public amenities of the neighborhood
 1023  improvement district as stipulated in s. 163.502.
 1024         (6)(7) If, at any time after approval of the safe
 1025  neighborhood improvement plan, it becomes desirable to amend or
 1026  modify the plan, the board may do so. Prior to any such
 1027  amendment or modification, the board shall obtain written
 1028  approval of the local governing body concerning conformity to
 1029  the local government comprehensive plan and hold a public
 1030  hearing on the proposed amendment or modification after public
 1031  notice thereof by publication in a newspaper of general
 1032  circulation in the county or municipality in which the district
 1033  is located. The notice shall describe the time, place, and
 1034  purpose of the hearing and generally describe the proposed
 1035  amendment or modification.
 1036         (8) Pursuant to s. 163.3184, the governing body of a
 1037  municipality or county shall hold two public hearings to
 1038  consider the board-adopted safe neighborhood improvement plan as
 1039  an amendment or modification to the municipality’s or county’s
 1040  adopted local comprehensive plan.
 1041         (9) A safe neighborhood improvement plan for each district
 1042  shall be prepared and adopted by the municipality or county
 1043  prior to the levy and expenditure of any of the proceeds of any
 1044  tax assessment or fee authorized to such districts other than
 1045  for the preparation of the safe community or business
 1046  improvement plan.
 1047         Section 25. Section 163.517, Florida Statutes, is repealed.
 1048         Section 26. Section 163.519, Florida Statutes, is repealed.
 1049         Section 27. Section 163.521, Florida Statutes, is repealed.
 1050         Section 28. Section 163.5215, Florida Statutes, is
 1051  repealed.
 1052         Section 29. Section 163.522, Florida Statutes, is repealed.
 1053         Section 30. Section 163.523, Florida Statutes, is repealed.
 1054         Section 31. Section 163.524, Florida Statutes, is repealed.
 1055         Section 32. Section 163.526, Florida Statutes, is repealed.
 1056         Section 33. Paragraph (c) of subsection (1) of section
 1057  376.84, Florida Statutes, is amended to read:
 1058         376.84 Brownfield redevelopment economic incentives.—It is
 1059  the intent of the Legislature that brownfield redevelopment
 1060  activities be viewed as opportunities to significantly improve
 1061  the utilization, general condition, and appearance of these
 1062  sites. Different standards than those in place for new
 1063  development, as allowed under current state and local laws,
 1064  should be used to the fullest extent to encourage the
 1065  redevelopment of a brownfield. State and local governments are
 1066  encouraged to offer redevelopment incentives for this purpose,
 1067  as an ongoing public investment in infrastructure and services,
 1068  to help eliminate the public health and environmental hazards,
 1069  and to promote the creation of jobs in these areas. Such
 1070  incentives may include financial, regulatory, and technical
 1071  assistance to persons and businesses involved in the
 1072  redevelopment of the brownfield pursuant to this act.
 1073         (1) Financial incentives and local incentives for
 1074  redevelopment may include, but not be limited to:
 1075         (c) Safe Neighborhood improvement districts as provided in
 1076  part IV of chapter 163 ss. 163.501-163.523.
 1077         Section 34. Subsection (2) of section 704.01, Florida
 1078  Statutes, is amended to read:
 1079         704.01 Common-law and statutory easements defined and
 1080  determined.—
 1081         (2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW
 1082  RIGHT.—Based on public policy, convenience, and necessity, a
 1083  statutory way of necessity exclusive of any common-law right
 1084  exists when any land, including land formed by or connected to
 1085  adjoining land by accretion, reliction, or other naturally
 1086  occurring processes, or portion thereof, which is being used or
 1087  is desired to be used for a dwelling or dwellings or for
 1088  agricultural or for timber raising or cutting or stockraising
 1089  purposes, is shut off or hemmed in by lands, fencing, or other
 1090  improvements by other persons so that a no practicable route of
 1091  egress or ingress is not available therefrom to the nearest
 1092  practicable public or private road, or to a private road in
 1093  which the landlocked owner has vested easement rights to a
 1094  public road. The owner or tenant thereof, or anyone on in their
 1095  behalf, lawfully may use and maintain an easement for persons,
 1096  vehicles, stock, franchised cable television service, and any
 1097  utility service, including, but not limited to, water,
 1098  wastewater, reclaimed water, natural gas, electricity, and
 1099  telephone service, over, under, through, and upon the lands that
 1100  which lie between the said shut-off or hemmed-in lands and such
 1101  public or private road by means of the nearest practical route,
 1102  considering the use to which the said lands are being put; and
 1103  the use thereof does, as aforesaid, shall not constitute a
 1104  trespass; nor shall the party thus using the same be liable in
 1105  damages for the use thereof if, provided that such easement is
 1106  shall be used only in an orderly and proper manner. This
 1107  subsection applies to any land that was previously hemmed in or
 1108  landlocked or that becomes hemmed in or landlocked if the owner
 1109  of such land provides compensation under s. 404.04 for any loss
 1110  of private property rights to the owner of land over which a
 1111  statutory easement is granted.
 1112         Section 35. Subsection (2) of section 775.083, Florida
 1113  Statutes, is amended to read:
 1114         775.083 Fines.—
 1115         (2) In addition to the fines set forth in subsection (1),
 1116  court costs shall be assessed and collected in each instance a
 1117  defendant pleads nolo contendere to, or is convicted of, or
 1118  adjudicated delinquent for, a felony, a misdemeanor, or a
 1119  criminal traffic offense under state law, or a violation of any
 1120  municipal or county ordinance if the violation constitutes a
 1121  misdemeanor under state law. The court costs imposed by this
 1122  section shall be $50 for a felony and $20 for any other offense
 1123  and shall be deposited by the clerk of the court into an
 1124  appropriate county account for disbursement for the purposes
 1125  provided in this subsection. A county shall account for the
 1126  funds separately from other county funds as crime prevention
 1127  funds. The county, in consultation with the sheriff, must expend
 1128  such funds for crime prevention programs in the county,
 1129  including safe neighborhood improvement programs under part IV
 1130  of chapter 163 ss. 163.501-163.523.
 1131         Section 36. Paragraphs (a) and (c) of subsection (5) of
 1132  section 932.7055, Florida Statutes, are amended to read:
 1133         932.7055 Disposition of liens and forfeited property.—
 1134         (5)(a) If the seizing agency is a county or municipal
 1135  agency, the remaining proceeds shall be deposited in a special
 1136  law enforcement trust fund established by the board of county
 1137  commissioners or the governing body of the municipality. Such
 1138  proceeds and interest earned therefrom shall be used for school
 1139  resource officer, crime prevention, safe neighborhood
 1140  improvement, drug abuse education and prevention programs, or
 1141  for other law enforcement purposes, which include defraying the
 1142  cost of protracted or complex investigations, providing
 1143  additional equipment or expertise, purchasing automated external
 1144  defibrillators for use in law enforcement vehicles, and
 1145  providing matching funds to obtain federal grants. The proceeds
 1146  and interest may not be used to meet normal operating expenses
 1147  of the law enforcement agency.
 1148         (c) An agency or organization, other than the seizing
 1149  agency, that wishes to receive such funds shall apply to the
 1150  sheriff or chief of police for an appropriation and its
 1151  application shall be accompanied by a written certification that
 1152  the moneys will be used for an authorized purpose. Such requests
 1153  for expenditures shall include a statement describing
 1154  anticipated recurring costs for the agency for subsequent fiscal
 1155  years. An agency or organization that receives money pursuant to
 1156  this subsection shall provide an accounting for such moneys and
 1157  shall furnish the same reports as an agency of the county or
 1158  municipality that receives public funds. Such funds may be
 1159  expended in accordance with the following procedures:
 1160         1. Such funds may be used only for school resource officer,
 1161  crime prevention, safe neighborhood improvement, drug abuse
 1162  education, or drug prevention programs or such other law
 1163  enforcement purposes as the board of county commissioners or
 1164  governing body of the municipality deems appropriate.
 1165         2. Such funds shall not be a source of revenue to meet
 1166  normal operating needs of the law enforcement agency.
 1167         3. After July 1, 1992, and during every fiscal year
 1168  thereafter, any local law enforcement agency that acquires at
 1169  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1170  within a fiscal year must expend or donate no less than 15
 1171  percent of such proceeds for the support or operation of any
 1172  drug treatment, drug abuse education, drug prevention, crime
 1173  prevention, safe neighborhood improvement, or school resource
 1174  officer program program(s). The local law enforcement agency has
 1175  the discretion to determine which program or programs program(s)
 1176  will receive the designated proceeds.
 1177  
 1178  Notwithstanding the drug abuse education, drug treatment, drug
 1179  prevention, crime prevention, safe neighborhood improvement, or
 1180  school resource officer minimum expenditures or donations, the
 1181  sheriff and the board of county commissioners or the chief of
 1182  police and the governing body of the municipality may agree to
 1183  expend or donate such funds over a period of years if the
 1184  expenditure or donation of such minimum amount in any given
 1185  fiscal year would exceed the needs of the county or municipality
 1186  for such program or programs program(s). Nothing in this section
 1187  precludes the expenditure or donation of forfeiture proceeds in
 1188  excess of the minimum amounts established herein.
 1189  
 1190  ================= T I T L E  A M E N D M E N T ================
 1191         And the title is amended as follows:
 1192         Delete line 37
 1193  and insert:
 1194         seaport projects to use a mitigation bank; amending
 1195         ss. 163.2511, 163.2517, 163.3182, 163.3246, and
 1196         163.387, F.S.; conforming provisions to changes made
 1197         by the act; amending s. 163.501, F.S.; renaming the
 1198         “Safe Neighborhoods Act” as the “Neighborhoods
 1199         Improvement Act”; amending s. 163.502, F.S.; revising
 1200         legislative findings and purpose; amending s. 163.503,
 1201         F.S.; revising and deleting definitions; amending s.
 1202         163.5035, F.S.; conforming provisions to changes made
 1203         by the act; amending s. 163.504, F.S.; authorizing the
 1204         governing body of any municipality or county to form a
 1205         neighborhood improvement district through the adoption
 1206         of an ordinance rather than by a planning ordinance;
 1207         removing provisions pertaining to the creation and
 1208         funding of safe neighborhood improvement districts;
 1209         amending s. 163.5055, F.S.; requiring each
 1210         neighborhood improvement district authorized under law
 1211         to notify the Department of Economic Opportunity of
 1212         its existence rather than to register with the
 1213         Department of Community Affairs and the Department of
 1214         Legal Affairs; removing the requirement that the
 1215         neighborhood improvement district notify the
 1216         Department of Community Affairs and the Department of
 1217         Legal Affairs; amending s. 163.506, F.S.; revising
 1218         provisions authorizing a local governing body to
 1219         create a local government neighborhood improvement
 1220         district; specifying that the ordinance may authorize
 1221         the improvement district to borrow money, contract
 1222         loans, and issue bonds; authorizing the governing body
 1223         of the improvement district to levy ad valorem taxes
 1224         upon real and tangible personal property within the
 1225         district; authorizing the district to make and collect
 1226         special assessments; conditioning the exercise of
 1227         power by the local government neighborhood improvement
 1228         district to borrow money, contract loans, issue bonds,
 1229         charge, collect, and enforce fees, make and collect
 1230         special assessments, and levy ad valorem taxes upon
 1231         real and tangible personal property within the
 1232         district upon the approval of a referendum by the
 1233         freeholders of the district; providing ballot
 1234         requirements; removing provisions allowing an
 1235         alternative organization for the board of directors;
 1236         amending s. 163.508, F.S., relating to property
 1237         owners’ association neighborhood improvement
 1238         districts; revising the requirements for creating a
 1239         property owners’ association neighborhood improvement
 1240         district by the enactment of a separate ordinance for
 1241         each district; authorizing the governing body to
 1242         request grants from the state; amending s. 163.511,
 1243         F.S., relating to special neighborhood improvement
 1244         districts; revising provisions to conform to changes
 1245         made by the act; revising the method of appointing and
 1246         removing directors of the district; amending s.
 1247         163.512, F.S.; revising provisions authorizing a
 1248         municipality or county to create a community
 1249         redevelopment neighborhood improvement district;
 1250         authorizing the district to receive grants and other
 1251         funding; providing that the local governing body may
 1252         dissolve the district under certain circumstances;
 1253         repealing s. 163.513, F.S., relating to crime
 1254         prevention through community policing innovations;
 1255         amending s. 163.514, F.S.; revising the powers of
 1256         neighborhood improvement districts; allowing the
 1257         district to contract with legal counsel and other
 1258         needed professionals; authorizing the district to
 1259         collect special assessments under certain
 1260         circumstances and following designated procedures;
 1261         amending s. 163.5151, F.S.; requiring a local
 1262         government and a special neighborhood improvement
 1263         district to prepare its budget in a specified manner
 1264         if levying an ad valorem tax on real or personal
 1265         property; amending s. 163.516, F.S.; requiring
 1266         neighborhood improvement plans to be created for each
 1267         improvement district; revising the contents of the
 1268         neighborhood improvement district’s plan; repealing s.
 1269         163.517, F.S., relating to the Safe Neighborhoods
 1270         Program; repealing s. 163.519, F.S., relating to the
 1271         duties of the Department of Legal Affairs relating to
 1272         neighborhood improvement districts; repealing s.
 1273         163.521, F.S., relating to funding for a neighborhood
 1274         improvement district inside an enterprise zone;
 1275         repealing s. 163.5215, F.S., relating to the effect
 1276         and construction of existing laws relating to
 1277         neighborhood improvement districts; repealing s.
 1278         163.522, F.S., relating to state redevelopment
 1279         programs; repealing s. 163.523, F.S., relating to
 1280         cooperation and involvement of community organizations
 1281         in the creation of safe neighborhood improvement
 1282         districts; repealing s. 163.524, F.S., relating to
 1283         participation in the Neighborhood Preservation and
 1284         Enhancement Program; repealing s. 163.526, F.S.,
 1285         relating to powers and duties of the Neighborhood
 1286         Councils and the designated agency of the local
 1287         government; amending ss. 376.84, F.S.; conforming
 1288         provision to changes made by the act; amending s.
 1289         704.01, F.S., relating to a statutory way of necessity
 1290         over land; providing applicability to hemmed in or
 1291         landlocked land; requiring compensation; amending ss.
 1292         775.083 and 932.7055, F.S.; conforming provisions to
 1293         changes made by the act; providing