Florida Senate - 2013 SB 564
By Senator Simmons
10-00064-13 2013564__
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.; deleting the requirement
18 that each neighborhood improvement district authorized
19 under law notify the Department of Legal Affairs of
20 its existence; removing the requirement that a local
21 governing body notify the Department of Legal Affairs
22 of a dissolution of a district; deleting an obsolete
23 provision; amending s. 163.506, F.S.; revising
24 provisions authorizing a local governing body to
25 create a local government neighborhood improvement
26 district by the enactment of an ordinance; specifying
27 that the ordinance may authorize the improvement
28 district to borrow money, contract loans, and issue
29 bonds or other evidence of indebtedness; authorizing
30 the governing body of the improvement district to levy
31 ad valorem taxes upon real and tangible personal
32 property within the district; authorizing the district
33 to make and collect special assessments; conditioning
34 the exercise of power by the local government
35 neighborhood improvement district to borrow money,
36 contract loans, issue bonds, charge, collect, and
37 enforce fees, make and collect special assessments,
38 and levy ad valorem taxes upon real and tangible
39 personal property within the district upon the
40 approval of a referendum by the freeholders of the
41 district; providing ballot requirements; removing
42 provisions allowing an alternative organization for
43 the board of directors; revising requirements for
44 dissolving a district; amending s. 163.508, F.S.,
45 relating to property owners’ association neighborhood
46 improvement districts; revising the requirements for
47 creating a property owners’ association neighborhood
48 improvement district by the enactment of a separate
49 ordinance for each district; authorizing the governing
50 body to request grants; requiring that the property
51 owners form an association or use an existing property
52 owners’ association that is a not-for-profit
53 corporation; amending s. 163.511, F.S., relating to
54 special neighborhood improvement districts; revising
55 provisions to conform to changes made by the act;
56 revising the method of appointing and removing
57 directors of the district; amending s. 163.512, F.S.;
58 revising provisions authorizing a municipality or
59 county to create a community redevelopment
60 neighborhood improvement district; authorizing the
61 district to receive grants and other funding;
62 providing that the local governing body may dissolve
63 the district under certain circumstances; repealing s.
64 163.513, F.S., relating to crime prevention through
65 community policing innovations; amending s. 163.514,
66 F.S.; revising the powers of neighborhood improvement
67 districts; authorizing the district to contract with
68 legal counsel and other needed professionals;
69 authorizing the district to improve, plan, design,
70 construct, operate, provide, and maintain certain
71 facilities; authorizing the district to collect
72 special assessments under certain circumstances and
73 following implementation of designated procedures;
74 amending s. 163.5151, F.S.; requiring a local
75 government and a special neighborhood improvement
76 district levying an ad valorem tax on real or personal
77 property to prepare a budget in a specified manner;
78 amending s. 163.516, F.S.; requiring that neighborhood
79 improvement plans be created for each improvement
80 district; revising the contents of the neighborhood
81 improvement plan; conforming provisions to changes
82 made by the act; repealing s. 163.517, F.S., relating
83 to the Safe Neighborhoods Program; repealing s.
84 163.519, F.S., relating to the duties of the
85 Department of Legal Affairs relating to neighborhood
86 improvement districts; repealing s. 163.521, F.S.,
87 relating to funding for a neighborhood improvement
88 district inside an enterprise zone; repealing s.
89 163.5215, F.S., relating to the effect and
90 construction of existing laws relating to neighborhood
91 improvement districts; repealing s. 163.522, F.S.,
92 relating to state redevelopment programs; repealing s.
93 163.523, F.S., relating to cooperation and involvement
94 of community organizations in the creation of safe
95 neighborhood improvement districts; repealing s.
96 163.524, F.S., relating to participation in the
97 Neighborhood Preservation and Enhancement Program;
98 repealing s. 163.526, F.S., relating to powers and
99 duties of the Neighborhood Councils and the designated
100 agency of the local government; amending ss. 376.84,
101 775.083, and 932.7055, F.S.; conforming provisions to
102 changes made by the act; providing an effective date.
103
104 Be It Enacted by the Legislature of the State of Florida:
105
106 Section 1. Paragraph (d) of subsection (2) of section
107 163.2511, Florida Statutes, is amended to read:
108 163.2511 Urban infill and redevelopment.—
109 (2) It is declared that:
110 (d) State urban policies should guide the state, regional
111 agencies, local governments, and the private sector in
112 preserving and redeveloping existing urban cores and promoting
113 the adequate provision of infrastructure, human services,
114 neighborhood improvement safe neighborhoods, educational
115 facilities, and economic development to sustain these cores into
116 the future.
117 Section 2. Paragraph (c) of subsection (3) of section
118 163.2517, Florida Statutes, is amended to read:
119 163.2517 Designation of urban infill and redevelopment
120 area.—
121 (3) A local government seeking to designate a geographic
122 area within its jurisdiction as an urban infill and
123 redevelopment area shall prepare a plan that describes the
124 infill and redevelopment objectives of the local government
125 within the proposed area. In lieu of preparing a new plan, the
126 local government may demonstrate that an existing plan or
127 combination of plans associated with a community redevelopment
128 area, Florida Main Street program, Front Porch Florida
129 Community, sustainable community, enterprise zone, or
130 neighborhood improvement district includes the factors listed in
131 paragraphs (a)-(n), including a collaborative and holistic
132 community participation process, or amend such existing plans to
133 include these factors. The plan shall demonstrate the local
134 government and community’s commitment to comprehensively address
135 the urban problems within the urban infill and redevelopment
136 area and identify activities and programs to accomplish locally
137 identified goals such as code enforcement; improved educational
138 opportunities; reduction in crime; neighborhood revitalization
139 and preservation; provision of infrastructure needs, including
140 mass transit and multimodal linkages; and mixed-use planning to
141 promote multifunctional redevelopment to improve both the
142 residential and commercial quality of life in the area. The plan
143 shall also:
144 (c) Identify and map existing enterprise zones, community
145 redevelopment areas, community development corporations,
146 brownfield areas, downtown redevelopment districts, safe
147 neighborhood improvement districts, historic preservation
148 districts, and empowerment zones or enterprise communities
149 located within the area proposed for designation as an urban
150 infill and redevelopment area and provide a framework for
151 coordinating infill and redevelopment programs within the urban
152 core.
153 Section 3. Paragraph (a) of subsection (6) of section
154 163.3182, Florida Statutes, is amended to read:
155 163.3182 Transportation deficiencies.—
156 (6) EXEMPTIONS.—
157 (a) The following public bodies or taxing authorities are
158 exempt from this section:
159 1. A special district that levies ad valorem taxes on
160 taxable real property in more than one county.
161 2. A special district for which the sole available source
162 of revenue is the authority to levy ad valorem taxes at the time
163 an ordinance is adopted under this section. However, revenue
164 revenues or aid that may be dispensed or appropriated to a
165 district as defined in s. 388.011 at the discretion of an entity
166 other than such district is are not deemed available.
167 3. A library district.
168 4. A neighborhood improvement district created under the
169 Safe Neighborhoods Improvement Act.
170 5. A metropolitan transportation authority.
171 6. A water management district created under s. 373.069.
172 7. A community redevelopment agency.
173 Section 4. Subsection (2) of section 163.3246, Florida
174 Statutes, is amended to read:
175 163.3246 Local government comprehensive planning
176 certification program.—
177 (2) In order to be eligible for certification under the
178 program, the local government must:
179 (a) Demonstrate a record of effectively adopting,
180 implementing, and enforcing its comprehensive plan;
181 (b) Demonstrate technical, financial, and administrative
182 expertise to implement the provisions of this part without state
183 oversight;
184 (c) Obtain comments from the state and regional review
185 agencies regarding the appropriateness of the proposed
186 certification;
187 (d) Hold at least one public hearing soliciting public
188 input concerning the local government’s proposal for
189 certification; and
190 (e) Demonstrate that it has adopted programs in its local
191 comprehensive plan and land development regulations which:
192 1. Promote infill development and redevelopment, including
193 prioritized and timely permitting processes in which
194 applications for local development permits within the
195 certification area are acted upon expeditiously for proposed
196 development that is consistent with the local comprehensive
197 plan.
198 2. Promote the development of housing for low-income and
199 very-low-income households or specialized housing to assist
200 elderly and disabled persons to remain at home or in independent
201 living arrangements.
202 3. Achieve effective intergovernmental coordination and
203 address the extrajurisdictional effects of development within
204 the certified area.
205 4. Promote economic diversity and growth while encouraging
206 the retention of rural character, where rural areas exist, and
207 the protection and restoration of the environment.
208 5. Provide and maintain public urban and rural open space
209 and recreational opportunities.
210 6. Manage transportation and land uses to support public
211 transit and promote opportunities for pedestrian and
212 nonmotorized transportation.
213 7. Use design principles to foster individual community
214 identity, create a sense of place, and promote pedestrian
215 oriented safe neighborhoods and town centers.
216 8. Redevelop blighted areas.
217 9. Adopt a local mitigation strategy and have programs to
218 improve disaster preparedness and the ability to protect lives
219 and property, especially in coastal high-hazard areas.
220 10. Encourage clustered, mixed-use development that
221 incorporates greenspace and residential development within
222 walking distance of commercial development.
223 11. Encourage urban infill at appropriate densities and
224 intensities and separate urban and rural uses and discourage
225 urban sprawl while preserving public open space and planning for
226 buffer-type land uses and rural development consistent with
227 their respective character along and outside the certification
228 area.
229 12. Ensure Assure protection of key natural areas and
230 agricultural lands that are identified using state and local
231 inventories of natural areas. Key natural areas include, but are
232 not limited to:
233 a. Wildlife corridors.
234 b. Lands with high native biological diversity, important
235 areas for threatened and endangered species, species of special
236 concern, migratory bird habitat, and intact natural communities.
237 c. Significant surface waters and springs, aquatic
238 preserves, wetlands, and outstanding Florida waters.
239 d. Water resources suitable for preservation of natural
240 systems and for water resource development.
241 e. Representative and rare native Florida natural systems.
242 13. Ensure the cost-efficient provision of public
243 infrastructure and services.
244 Section 5. Paragraph (c) of subsection (2) of section
245 163.387, Florida Statutes, is amended to read:
246 163.387 Redevelopment trust fund.—
247 (2)
248 (c) The following public bodies or taxing authorities are
249 exempt from paragraph (a):
250 1. A special district that levies ad valorem taxes on
251 taxable real property in more than one county.
252 2. A special district for which the sole available source
253 of revenue the district has the authority to levy is ad valorem
254 taxes at the time an ordinance is adopted under this section.
255 However, revenue revenues or aid that may be dispensed or
256 appropriated to a district as defined in s. 388.011 at the
257 discretion of an entity other than such district is shall not be
258 deemed available.
259 3. A library district, except a library district in a
260 jurisdiction where the community redevelopment agency had
261 validated bonds as of April 30, 1984.
262 4. A neighborhood improvement district created under the
263 Safe Neighborhoods Improvement Act.
264 5. A metropolitan transportation authority.
265 6. A water management district created under s. 373.069.
266 Section 6. Section 163.501, Florida Statutes, is amended to
267 read:
268 163.501 Short title.—This part may be cited as the “Safe
269 Neighborhoods Improvement Act.”
270 Section 7. Section 163.502, Florida Statutes, is amended to
271 read:
272 163.502 Safe Neighborhoods improvement; legislative
273 findings and purpose.—
274 (1) The Legislature hereby finds and declares that among
275 the many causes of deterioration in the business and residential
276 neighborhoods of the state are the following: proliferation of
277 crime, automobile traffic flow strangled by outmoded street
278 patterns, unsuitable topography, faulty lot layouts,
279 fragmentation of land uses and parking areas necessitating
280 frequent automobile movement, lack of separation of pedestrian
281 areas from automobile traffic, lack of separation of vehicle
282 traffic lanes and railroad traffic, and excessive noise levels
283 from automobile traffic, and lack of adequate public
284 improvements, such as streets, street lights, street furniture,
285 street landscaping, sidewalks, traffic signals, way-finding
286 signs, mass transit, stormwater systems, and other public
287 utilities and improvements.
288 (2) The Legislature further finds and declares that healthy
289 and vibrant safe neighborhoods are the product of planning and
290 implementation of appropriate environmental design concepts,
291 comprehensive planning crime prevention programs, land use
292 recommendations, and beautification techniques.
293 (3) The Legislature further finds and declares that the
294 provisions of this part and the powers granted to local
295 governments, property owners’ associations, special dependent
296 districts, and community redevelopment neighborhood improvement
297 districts are desirable to guide and accomplish the coordinated,
298 balanced, and harmonious development of healthy and vibrant safe
299 neighborhoods; to promote the health, safety, and general
300 welfare of these areas and their inhabitants, visitors, property
301 owners, and workers; to establish, maintain, and preserve
302 property values and preserve and foster the development of
303 attractive neighborhood and business environments; to prevent
304 overcrowding and congestion; and to improve or redirect
305 automobile traffic and provide pedestrian safety; to reduce
306 crime rates and the opportunities for the commission of crime;
307 and to provide improvements in neighborhoods so they are
308 defensible against crime.
309 (4) It is the intent of the Legislature to assist local
310 governments in implementing plans that improve the employ crime
311 prevention through community policing innovations, environmental
312 design, environmental security, and defensible space techniques
313 to establish safe neighborhoods of this state. The Legislature,
314 therefore, declares that the development, redevelopment,
315 preservation, and revitalization of neighborhoods in this state,
316 and all the purposes of this part, are public purposes for which
317 public money may be borrowed, expended, loaned, and granted.
318 Section 8. Section 163.503, Florida Statutes, is amended to
319 read:
320 163.503 Safe neighborhoods; Definitions.—
321 (1) “Safe Neighborhood improvement district,” or
322 “district,” or “neighborhood improvement district” means a
323 district located in an area in which more than 75 percent of the
324 land is used for residential purposes, or in an area in which
325 more than 75 percent of the land is used for commercial, office,
326 business, or industrial purposes, excluding the land area used
327 for public facilities, and where there is a plan to reduce crime
328 through the implementation of crime prevention through
329 environmental design, environmental security, or defensible
330 space techniques, or through community policing innovations.
331 Nothing in This section does not shall preclude the inclusion of
332 public land in a neighborhood improvement district although the
333 amount of land used for public facilities is excluded from the
334 land use acreage calculations.
335 (2) “Association” means a property owners’ association that
336 which is incorporated for the purpose of creating and operating
337 a neighborhood improvement district.
338 (3) “Department” means the Department of Economic
339 Opportunity Legal Affairs.
340 (4) “Board” means the board of directors of a neighborhood
341 improvement district, which may be the governing body of a
342 municipality or county, or the officers of a property owners’
343 association, or the board of directors of a special neighborhood
344 improvement district or community redevelopment neighborhood
345 improvement district.
346 (5) “Environmental security” means an urban planning and
347 design process which integrates crime prevention with
348 neighborhood design and community development.
349 (6) “Crime prevention through environmental design” means
350 the planned use of environmental design concepts such as natural
351 access control, natural surveillance, and territorial
352 reinforcement in a neighborhood or community setting which is
353 designed to reduce criminal opportunity and foster positive
354 social interaction among the legitimate users of that setting.
355 (7) “Defensible space” means an architectural perspective
356 on crime prevention through physical design of the environment
357 to create the ability to monitor and control the environment
358 along individual perceived zones of territorial influence that
359 result in a proprietary interest and a felt responsibility.
360 (8) “Enterprise zone” means an area designated pursuant to
361 s. 290.0065.
362 (9) “Community policing innovation” means techniques or
363 strategies as defined by s. 163.340.
364 Section 9. Section 163.5035, Florida Statutes, is amended
365 to read:
366 163.5035 Safe Neighborhood improvement districts;
367 compliance with special district provisions.—Any special
368 district created pursuant to this part shall comply with all
369 applicable provisions contained in chapter 189. In cases where a
370 provision contained in this part conflicts with a provision in
371 chapter 189, the provision in chapter 189 shall prevail.
372 Section 10. Section 163.504, Florida Statutes, is amended
373 to read:
374 163.504 Safe Neighborhood improvement districts; planning
375 funds.—
376 (1) The governing body of any municipality or county may
377 authorize the formation of safe neighborhood improvement
378 districts through the adoption of an a planning ordinance that
379 which specifies that such districts may be created by one or
380 more of the methods established in ss. 163.506, 163.508,
381 163.511, and 163.512. A No district may not overlap the
382 jurisdictional boundaries of a municipality and the
383 unincorporated area of a county, unless approved except by
384 interlocal agreement.
385 (2) If the governing body of a municipality or county
386 elects to create a safe neighborhood improvement district, it
387 shall be eligible to request a grant from the Safe Neighborhoods
388 Program, created pursuant to s. 163.517 and administered by the
389 Department of Legal Affairs, to prepare a safe neighborhood
390 improvement plan for the district.
391 (3) Municipalities and counties may implement the
392 provisions of this section without planning funds from the
393 Department of Legal Affairs. However, nothing in this section
394 shall be construed to exempt any district from the requirements
395 of providing a safe neighborhood improvement plan pursuant to s.
396 163.516.
397 Section 11. Section 163.5055, Florida Statutes, is amended
398 to read:
399 163.5055 Notice Registration of district establishment;
400 notice of dissolution.—
401 (1)(a) Each neighborhood improvement district that is
402 authorized and established under this part shall, within 30 days
403 after its establishment, notify thereof register with both the
404 Department of Economic Opportunity and the Department of Legal
405 Affairs by providing the department these departments with the
406 district’s name, location, size, and type, and such other
407 information as the department departments may request require.
408 (2)(b) Each local governing body that authorizes the
409 dissolution of a district shall notify both the Department of
410 Economic Opportunity and the Department of Legal Affairs within
411 30 days after the dissolution of the district.
412 (2) This section shall apply to all neighborhood
413 improvement districts established on or after July 1, 1987.
414 Section 12. Section 163.506, Florida Statutes, is amended
415 to read:
416 163.506 Local government neighborhood improvement
417 districts; creation; advisory council; dissolution.—
418 (1) After an a local planning ordinance has been adopted
419 authorizing the creation of local government neighborhood
420 improvement districts, the local governing body of a
421 municipality or county may create local government neighborhood
422 improvement districts by the enactment of a separate ordinance
423 for each district, which ordinance:
424 (a) Specifies the boundaries, size, and name of the
425 district.
426 (b) Authorizes the district to receive grants a planning
427 grant from the department.
428 (c) Authorizes the local government neighborhood
429 improvement district to levy an ad valorem tax on real and
430 personal property of up to 2 mills annually.
431 (d) Authorizes the use of special assessments to support
432 planning and implementation of district improvements pursuant to
433 the provisions of s. 163.514(16), if the district is a
434 residential local government neighborhood improvement district
435 including community policing innovations.
436 (e) Designates the local governing body as the board of
437 directors of the district.
438 (f) Establishes an advisory council to the board of
439 directors comprised of property owners, representatives of
440 property owners, business owners, or residents of the district.
441 (g) May prohibit the use of any district power authorized
442 by s. 163.514.
443 (h) Requires the district to notify the Department of Legal
444 Affairs and the Department of Economic Opportunity in writing of
445 its establishment within 30 days after establishment thereof
446 pursuant to s. 163.5055.
447 (i) Authorizes the district to borrow money, contract
448 loans, and issue bonds, certificates, warrants, notes, or other
449 evidence of indebtedness from time to time to finance the
450 undertaking of any capital or other project for the purposes
451 permitted by the State Constitution and this part and to pledge
452 the funds, credit, property, and taxing power of the improvement
453 district for the payment of such debts and bonds.
454 1. Bonds that are issued under this paragraph shall be
455 authorized by resolution of the governing body of the district
456 and, if required by the State Constitution, by affirmative vote
457 of the electors of the district. Such bonds may be issued in one
458 or more series and shall bear such date or dates, be payable
459 upon demand or mature at such time or times, bear interest at
460 such rate or rates, be in such denomination or denominations, be
461 in such form, registered or not, with or without coupon, carry
462 such conversion or registration privileges, have such rank or
463 priority, be executed in such manner, be payable in such medium
464 of payment, at such place or places, and subject to such terms
465 of redemption, with or without premium, be secured in such
466 manner, and have such other characteristics as may be provided
467 by such resolution or trust indenture or mortgage issued
468 pursuant thereto.
469 2. The governing body of the district shall determine the
470 terms and manner of sale and distribution or other disposition
471 of any bonds it issues, consistent with s. 218.385, and shall
472 have all powers necessary for, and convenient to, such
473 disposition.
474 3. The governing body of the district may establish and
475 administer such sinking funds as it deems necessary or
476 convenient for the payment, purchase, or redemption of any
477 outstanding bonded indebtedness of the district.
478 4. The governing body of the district may levy ad valorem
479 taxes upon real and tangible personal property within the
480 district as it deems necessary to make payment, including
481 principal and interest, upon the general obligation and ad
482 valorem bonded indebtedness of the district or into any sinking
483 fund created pursuant to this paragraph.
484 5. A district has full authority for the issuance of bonds
485 authorized under this paragraph.
486 (j) Authorizes the district to make and collect special
487 assessments pursuant to ss. 197.3632 and 197.3635 in order to
488 pay for capital improvements within the district and for
489 reasonable expenses of operating the district, including the
490 payment of expenses included in the district’s budget, if the
491 district is a commercial local government neighborhood
492 improvement district. Such assessments may not exceed $500 for
493 each individual parcel of land per year.
494 (k) Authorizes the district to charge, collect, and enforce
495 fees and other user charges.
496 (l) Conditions the exercise of the powers provided in
497 paragraphs (c), (i), and (j) on approval pursuant to a
498 referendum as described in this paragraph:
499 1. Within 45 days after the date the governing body of the
500 municipality or county enacts an ordinance calling a referendum
501 pursuant to this subsection, the city clerk or the supervisor of
502 elections, whichever is appropriate, shall certify such
503 ordinance and compile a list of the names and last known
504 addresses of the freeholders in the proposed local government
505 neighborhood improvement district from the tax assessment roll
506 of the county applicable as of December 31 in the year preceding
507 the year in which the ordinance is enacted. Except as otherwise
508 provided in this paragraph, the list shall constitute the
509 registration list for purposes of the freeholder referendum
510 required under this paragraph.
511 2. Within 45 days after compilation of the freeholder
512 registration list pursuant to subparagraph 1., the city clerk or
513 the supervisor of elections shall notify each such freeholder of
514 the general provisions of this section, including the taxing
515 authority and the date of the upcoming referendum, and the
516 method provided for submitting corrections to the registration
517 list if the status of the freeholder has changed since the
518 compilation of the tax roll. Notification shall be by first
519 class mail and, in addition, by publication one time in a
520 newspaper of general circulation in the county or municipality
521 in which the district is located.
522 3. Any freeholder whose name does not appear on the
523 registration list compiled pursuant to subparagraph 1. may
524 register to vote with the city clerk or the supervisor of
525 elections. The registration list must remain open for 75 days
526 after enactment of the ordinance calling for the referendum.
527 4. Within 15 days after the closing of the registration
528 list, the city clerk or the supervisor of elections shall send a
529 ballot by first-class mail to each registered freeholder at his
530 or her last known mailing address. The ballot must include:
531 a. A description of the general provisions of this section
532 applicable to local government neighborhood improvement
533 districts;
534 b. The assessed value of the freeholder’s property;
535 c. The percent of the freeholder’s interest in such
536 property; and
537 d. Immediately following the information required in sub
538 subparagraphs a.-c., the following:
539
540 “Do you favor authorizing the .... Local Government
541 Neighborhood Improvement District to levy up to 2 mills of ad
542 valorem taxes by such proposed district?
543
544 ....Yes, for authorizing the levy of up to 2 mills of ad
545 valorem taxes by such proposed district.
546
547 ....No, against authorizing the levy of up to 2 mills of ad
548 valorem taxes by such proposed district.”
549
550 “Do you favor authorizing the .... Local Government
551 Neighborhood Improvement District to borrow money, including by
552 issuing bonds, as provided by s. 163.506(1)(i), Florida
553 Statutes?
554
555 ....Yes, for authorizing the borrowing of money for
556 district purposes.
557
558 ....No, against authorizing the borrowing of money for
559 district purposes.”
560
561 “Do you favor authorizing the .... Local Government
562 Neighborhood Improvement District to impose a special assessment
563 of not greater than $500 for each individual parcel of land per
564 year to pay for the expenses of operating the neighborhood
565 improvement district and for approved capital improvements
566 within the district?
567
568 ....Yes, for the special assessment.
569
570 ....No, against the special assessment.”
571
572 5. Ballots shall be returned by first-class mail or by
573 personal delivery.
574 6. All ballots that are received within 120 days after
575 enactment of the ordinance shall be tabulated by the city clerk
576 or the supervisor of elections, who shall certify the results to
577 the city council or county commission no later than 5 days after
578 the 120-day period.
579 7. The freeholders shall be deemed to have approved of the
580 provisions of this paragraph at such time as the city clerk or
581 the supervisor of elections certifies to the governing body of
582 the municipality or county that approval has been given by
583 freeholders owning in excess of 50 percent of the assessed value
584 of the properties represented by ballots cast.
585 8. The city clerk or the supervisor of elections, whichever
586 is appropriate, shall enclose, with each ballot that is sent to
587 the freeholder pursuant to this paragraph, two envelopes: a
588 secrecy envelope, into which the freeholder shall enclose the
589 marked ballot; and a mailing envelope, into which the freeholder
590 shall place the secrecy envelope, which shall be addressed to
591 the city clerk or the supervisor of elections. The back side of
592 the mailing envelope shall bear a certificate in substantially
593 the following form:
594
595 NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT
596 AND COMPLETING VOTER’S CERTIFICATE.
597
598 VOTER’S CERTIFICATE
599
600 I, ...., am a duly qualified and registered freeholder of
601 the proposed ...(name)... Local Government Neighborhood
602 Improvement District, and I am entitled to vote this ballot. I
603 do solemnly swear or affirm that I have not and will not vote
604 more than one ballot in this election. I understand that failure
605 to sign this certificate and have my signature witnessed will
606 invalidate my ballot.
607
608 ...(Voter’s Signature)...
609
610 NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
611 YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
612
613 I swear or affirm that the elector signed this voter’s
614 certificate in my presence.
615
616 ...(Signature of Witness)...
617 ...(Address)...(City/State)...
618
619 9. The certificate shall be arranged on the back of the
620 mailing envelope so that the lines for the signatures of the
621 freeholder and the attesting witness are across the seal of the
622 envelope; however, no statement shall appear on the envelope
623 which indicates that a signature of the freeholder or witness
624 must cross the seal of the envelope. The freeholder and the
625 attesting witness shall execute the certificate on the envelope.
626 10. The city clerk or the supervisor of elections shall
627 enclose with each ballot sent to a freeholder pursuant to this
628 paragraph separate printed instructions in substantially the
629 following form:
630
631 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
632
633 a. VERY IMPORTANT. In order to ensure that your ballot will
634 be counted, it should be completed and returned as soon as
635 possible so that it can reach the city clerk or the supervisor
636 of elections no later than 7 p.m. on the (final day of the 120
637 day period given here).
638 b. Mark your ballot in secret as instructed on the ballot.
639 c. Place your marked ballot in the enclosed secrecy
640 envelope.
641 d. Insert the secrecy envelope into the enclosed mailing
642 envelope, which is addressed to the city clerk or the supervisor
643 of elections.
644 e. Seal the mailing envelope and completely fill out the
645 Voter’s Certificate on the back of the mailing envelope.
646 f. VERY IMPORTANT. Sign your name on the line provided for
647 “(Voter’s Signature).”
648 g. VERY IMPORTANT. In order for your ballot to be counted,
649 it must include the signature and address of a witness 18 years
650 of age or older affixed to the Voter’s Certificate.
651 h. Mail, deliver, or have delivered the completed mailing
652 envelope. Be sure there is sufficient postage if mailed.
653 (2) The advisory council shall perform such duties as may
654 be prescribed by the governing body and shall submit within the
655 time period specified by the governing body, acting as the board
656 of directors, a report on the district’s activities and a
657 proposed budget to accomplish its objectives. In formulating a
658 plan for services or improvements, the advisory board shall
659 consult in public session with the appropriate staff or
660 consultants of the local governing body responsible for the
661 district’s plan.
662 (3) As an alternative to designating the local governing
663 body as the board of directors, a majority of the local
664 governing body of a city or county may appoint a board of three
665 to seven directors for the district who shall be residents of
666 the proposed area and who are subject to ad valorem taxation in
667 the residential neighborhood improvement district or who are
668 property owners in a commercial neighborhood improvement
669 district. The directors shall be appointed for staggered terms
670 of 3 years. The initial appointments shall be as follows: one
671 director for a 1-year term; one director for a 2-year term; and
672 one director for a 3-year term. If more than three directors are
673 to be appointed, the additional members shall initially be
674 appointed for 3-year terms. Vacancies shall be filled for the
675 unexpired portion of a term in the same manner as the initial
676 appointments were made. Each director shall hold office until
677 his or her successor is appointed and qualified unless the
678 director ceases to be qualified or is removed from office. Upon
679 appointment and qualification and in January of each year, the
680 directors shall organize by electing from their number a chair
681 and a secretary.
682 (3)(4) A district may be dissolved by the governing body by
683 rescinding the ordinance creating the district. The governing
684 body may rescind shall consider rescinding the ordinance if
685 presented with a petition requesting that it be rescinded.
686 Petitions related to a residential neighborhood improvement
687 district must contain containing the signatures of 60 percent of
688 the residents. Petitions related to a commercial neighborhood
689 improvement district must contain signatures representing owners
690 of 60 percent of the land area of the of a district.
691 Section 13. Section 163.508, Florida Statutes, is amended
692 to read:
693 163.508 Property owners’ association neighborhood
694 improvement districts; creation; powers and duties; duration.—
695 (1) After an a local planning ordinance has been adopted
696 authorizing the creation of property owners’ association
697 neighborhood improvement districts, the local governing body of
698 a municipality or county may create property owners’ association
699 neighborhood improvement districts by the enactment of a
700 separate ordinance for each district, which ordinance:
701 (a) Establishes that an incorporated property owners’
702 association representing 75 percent of all owners of property
703 within a proposed district meeting the requirements of this
704 section has petitioned the governing body of the municipality or
705 county for creation of a district for the area encompassed by
706 the property owned by members of the association.
707 (b) Specifies the boundaries, size, and name of the
708 district.
709 (c) Authorizes the governing body through mutual agreement
710 with the property owners’ association to:
711 1. Request grants a matching grant from the state’s Safe
712 Neighborhoods Program to prepare the first year’s safe
713 neighborhood improvement plan. The provider of the local match
714 for the state grant shall be mutually agreed upon between the
715 governing body and the property owners’ association. The
716 governing body may agree to provide the match as a no-interest
717 bearing loan to be paid back from assessments imposed by the
718 association on its members or shareholders.
719 2. Provide staff and other technical assistance to the
720 property owners’ association on a mutually agreed-upon basis,
721 contractual or otherwise.
722 3. Prepare the first year’s safe neighborhood improvement
723 plan, which shall comply with and be consistent with the
724 governing body’s adopted comprehensive plan.
725 (d) Provides for an audit of the property owners’
726 association.
727 (e) Designates the officers of the incorporated property
728 owners’ association as the board of directors of the district.
729 (f) May prohibit the use of any district power authorized
730 by s. 163.514.
731 (g) Requires the district to notify the Department of Legal
732 Affairs and the Department of Economic Opportunity in writing of
733 its establishment within 30 days after establishment thereof
734 pursuant to s. 163.5055.
735 (2) In order to qualify for the creation of a neighborhood
736 improvement district, the property owners shall form an
737 association in compliance with this section, or use an existing
738 property owners’ association in compliance with this section,
739 which must shall be a not-for-profit corporation. At least, for
740 profit or not for profit, and of which not less than 75 percent
741 of all property owners within the proposed area must consent
742 have consented in writing to become members or shareholders.
743 Upon such consent by 75 percent of the property owners in the
744 proposed district, all consenting property owners and their
745 successors shall become members of the association and are shall
746 be bound by the provisions of the articles of incorporation, the
747 bylaws of the association, the covenants, the deed restrictions,
748 the indentures, and any other properly promulgated restrictions.
749 The association may not shall have a no member or shareholder
750 who is not a bona fide owner of property within the proposed
751 district. Upon receipt of its certificate of incorporation, the
752 property owners’ association shall notify the clerk of the city
753 or county court, whichever is appropriate, in writing, of such
754 incorporation and shall list the names and addresses of the
755 officers of the association.
756 (3) Any incorporated property owners’ association operating
757 pursuant to this part has shall have the power:
758 (a) To negotiate with the governing body of a municipality
759 or county for closing, privatizing, or modifying the rights-of
760 way, and appurtenances thereto, within the district.
761 (b) To use utilize various legal instruments such as
762 covenants, deed restrictions, and indentures to preserve and
763 maintain the integrity of property, land, and rights-of-way
764 owned and conveyed to it within the district.
765 (c) To make and collect assessments against all property
766 within the boundaries of the district pursuant to the provisions
767 of s. 163.514(16) and to lease, maintain, repair, and
768 reconstruct any privatized street, land, or common area within
769 the district upon dedication thereof to the association.
770 (d) Without the joinder of any property owner, to modify,
771 move, or create any easement for ingress and egress or for the
772 purpose of utilities, if such easement constitutes part of or
773 crosses district property. However, this does shall not
774 authorize the association to modify or move any easement that
775 which is created in whole or in part for the use or benefit of
776 anyone other than association members, or that which crosses the
777 property of anyone other than association members, without the
778 consent or approval of such person as required by law or by the
779 instrument creating the easement. Nothing in This paragraph does
780 not shall affect the rights of ingress or egress of any member
781 of the association.
782 (4) A property owners’ association neighborhood improvement
783 district shall continue in perpetuity as long as the property
784 owners’ association created pursuant to this section exists
785 under the applicable laws of the state.
786 Section 14. Subsections (1), (7), (8), and (10) of section
787 163.511, Florida Statutes, are amended to read:
788 163.511 Special neighborhood improvement districts;
789 creation; referendum; board of directors; duration; extension.—
790 (1) After an a local planning ordinance has been adopted
791 authorizing the creation of special neighborhood improvement
792 districts, the governing body of a municipality or county may
793 declare the need for and create special residential or business
794 neighborhood improvement districts by the enactment of a
795 separate ordinance for each district, which ordinance:
796 (a) Conditions the implementation of the ordinance on the
797 approval of a referendum as provided in subsection (2).
798 (b) Authorizes the special neighborhood improvement
799 district to levy an ad valorem tax on real and personal property
800 of up to 2 mills annually.
801 (c) Authorizes the use of special assessments to support
802 planning and implementation of district improvements pursuant to
803 the provisions of s. 163.514(16), including community policing
804 innovations.
805 (d) Specifies the boundaries, size, and name of the
806 district.
807 (e) Authorizes the district to receive a planning grant
808 from the department.
809 (f) Provides for the appointment of a three-member 3-member
810 board of directors for the district.
811 (g) May authorize a special neighborhood improvement
812 district to exercise the power of eminent domain pursuant to
813 chapters 73 and 74. Any property identified for eminent domain
814 by the district is shall be subject to the approval of the local
815 governing body before eminent domain procedures are exercised.
816 (h) May prohibit the use of any district power authorized
817 by s. 163.514.
818 (i) Requires the district to notify the Department of Legal
819 Affairs and the Department of Economic Opportunity in writing of
820 its establishment within 30 days after establishment thereof
821 pursuant to s. 163.5055.
822 (j) May authorize a special neighborhood improvement
823 district to develop and implement community policing innovations
824 in consultation with the local law enforcement agency having
825 jurisdiction within the district boundaries.
826 (7) The business and affairs of a special neighborhood
827 improvement district shall be conducted and administered by a
828 board of three directors who must shall be residents of or
829 property owners within the proposed area and who are subject to
830 ad valorem taxation in the district. Upon their initial
831 appointment and qualification and in January of each year
832 thereafter, the directors shall organize by electing from their
833 number a chair and a secretary, and may also employ staff and
834 legal representatives as deemed appropriate, who shall serve at
835 the pleasure of the board and may receive such compensation as
836 shall be fixed by the board. The secretary shall keep a record
837 of the proceedings of the district and shall be custodian of all
838 books and records of the district. The directors may shall not
839 receive any compensation for their services or, nor may they be
840 employed by the district.
841 (8) Within 30 days after of the approval of the creation of
842 a special neighborhood improvement district, the governing body
843 of the municipality if the district is in a municipality, a
844 majority of the governing body of the municipality, or the
845 county commission if the district is in the unincorporated area
846 of the county, a majority of the county commission, shall
847 appoint the three directors provided for in this section herein
848 for staggered terms of 3 years. The initial appointments shall
849 be as follows: one for a 1-year term, one for a 2-year term, and
850 one for a 3-year term. Each director holds shall hold office
851 until his or her successor is appointed and qualified unless the
852 director ceases to be qualified to act as a director or is
853 removed from office. Vacancies on the board shall be filled for
854 the unexpired portion of a term in the same manner as the
855 initial appointments were made.
856 (10) The governing body of a municipality or county may
857 remove a director for inefficiency, neglect of duty, or
858 misconduct in office only after a hearing and only if he or she
859 has been given a copy of the charges at least 10 days prior to
860 such hearing and has had an opportunity to be heard in person or
861 by counsel. A vacancy so created shall be filled as provided in
862 this section herein.
863 Section 15. Section 163.512, Florida Statutes, is amended
864 to read:
865 163.512 Community redevelopment neighborhood improvement
866 districts; creation; advisory council; dissolution.—
867 (1) Upon the recommendation of the community redevelopment
868 agency and after an a local planning ordinance has been adopted
869 authorizing the creation of community redevelopment neighborhood
870 improvement districts, the local governing body of a
871 municipality or county may create community redevelopment
872 neighborhood improvement districts by the enactment of a
873 separate ordinance for each district, which ordinance:
874 (a) Specifies the boundaries, size, and name of the
875 district.
876 (b) Authorizes the district to receive grants a planning
877 grant from the department.
878 (c) Authorizes the use of the community redevelopment trust
879 fund created pursuant to s. 163.387 for the purposes of
880 implementing the district’s safe neighborhood improvement plan
881 and furthering crime prevention through community policing
882 innovations, environmental design, environmental security, and
883 defensible space techniques, if the expenditures from the
884 community redevelopment trust fund are consistent with the
885 community redevelopment plan created pursuant to s. 163.360.
886 (d) Designates the community redevelopment board of
887 commissioners established pursuant to s. 163.356 or s. 163.357
888 as the board of directors for the district.
889 (e) Establishes an advisory council to the board of
890 directors comprised of property owners or residents of the
891 district.
892 (f) May prohibit the use of any district power authorized
893 by s. 163.514.
894 (g) Requires that the district’s safe neighborhood
895 improvement plan be consistent with the community redevelopment
896 plan created pursuant to s. 163.360, and permits the safe
897 neighborhood improvement plan to be included in the community
898 redevelopment plan as an optional element.
899 (h) Requires that the boundaries of the community
900 redevelopment district be contained in whole within the
901 community redevelopment area established pursuant to ss. 163.355
902 and 163.356.
903 (i) Requires that the district to notify the Department of
904 Legal Affairs and the Department of Economic Opportunity in
905 writing of its establishment within 30 days after establishment
906 thereof pursuant to s. 163.5055.
907 (2) The advisory council shall perform such duties as may
908 be prescribed by the community redevelopment board established
909 pursuant to s. 163.356 and shall submit within the time period
910 specified by the board of directors a report on the district’s
911 activities and a proposed budget to accomplish its objectives.
912 In formulating a plan for services or improvements, the advisory
913 council shall consult in public session with the appropriate
914 staff or consultants of the community redevelopment board
915 responsible for the district’s plan.
916 (3) A district may be dissolved by the local governing body
917 by rescinding the ordinance creating the district. The governing
918 body may rescind shall consider rescinding the ordinance if
919 presented with a petition containing the signatures of 60
920 percent of the residents of a district.
921 Section 16. Section 163.513, Florida Statutes, is repealed.
922 Section 17. Section 163.514, Florida Statutes, is amended
923 to read:
924 163.514 Powers of neighborhood improvement districts.
925 Unless prohibited by ordinance, the board of any district is
926 shall be empowered to:
927 (1) Enter into contracts and agreements and sue and be sued
928 as a body corporate.
929 (2) Have and use a corporate seal.
930 (3) Acquire, own, convey, or otherwise dispose of, lease as
931 lessor or lessee, construct, maintain, improve, enlarge, raze,
932 relocate, operate, and manage property and facilities of
933 whatever type to which it holds title and grant and acquire
934 licenses, easements, and options with respect thereto.
935 (4) Accept grants and donations of any type of property,
936 labor, or other thing of value from any public or private
937 source.
938 (5) Have exclusive control of funds legally available to
939 it, subject to limitations imposed by law or by any agreement
940 validly entered into by it.
941 (6) Cooperate and contract with other governmental agencies
942 or other public bodies.
943 (7) Contract for services of planners, engineers,
944 attorneys, and other planning consultants, experts on crime
945 prevention through community policing innovations, environmental
946 design, environmental security, or defensible space, or other
947 experts in areas pertaining to the operations of the board of
948 directors or the district.
949 (8) Contract with the county or municipal government for
950 planning assistance, legal advice, and for increased levels of
951 law enforcement protection and security, including additional
952 personnel.
953 (9) Promote and advertise the commercial advantages of the
954 district so as to attract new businesses and encourage the
955 expansion of existing businesses.
956 (10) Promote and advertise the district to the public and
957 engage in cooperative advertising programs with businesses
958 located in the district.
959 (11) Improve, plan, design, construct, operate, provide,
960 and maintain street lighting, parks, streets, drainage,
961 utilities, swales, parking facilities, transit facilities,
962 landscaping, and open areas, and provide safe access to mass
963 transportation facilities in the district.
964 (12) Undertake innovative approaches to securing
965 neighborhoods from crime, such as crime prevention through
966 community policing innovations, environmental design,
967 environmental security, and defensible space.
968 (13) Privatize, close, vacate, plan, or replan streets,
969 roads, sidewalks, and alleys, subject to the concurrence of the
970 local governing body and, if required, the state Department of
971 Transportation.
972 (14) Prepare, adopt, implement, and modify a safe
973 neighborhood improvement plan for the district.
974 (15) Identify areas that have with blighted influences,
975 including, but not limited to, areas where unlawful urban
976 dumping or graffiti are prevalent, and develop programs for
977 eradication thereof.
978 (16)(a) Subject to referendum approval, and for residential
979 local government, special, community redevelopment, and property
980 owners’ association neighborhood improvement districts only,
981 make and collect special assessments pursuant to ss. 197.3632
982 and 197.3635 to pay for improvements to the district and for
983 reasonable expenses of operating the district, including the
984 payment of expenses included in the district’s budget, subject
985 to an affirmative vote by a majority of the registered voters
986 residing in the district. Such assessments may shall not exceed
987 $500 for each individual parcel of land per year.
988 Notwithstanding the provisions of s. 101.6102, the referendum to
989 approve the special assessment must shall be by mail ballot.
990 (b) In order to implement this subsection, the city clerk
991 or the supervisor of elections, whichever is appropriate, shall
992 compile a list of the names and last known addresses of the
993 electors in the neighborhood improvement district from the list
994 of registered voters of the county as of the last day of the
995 preceding month. The same shall constitute the registration list
996 for the purposes of a referendum. Within 45 days after
997 compilation of the voter registration list, the city clerk or
998 the supervisor of elections shall notify each elector of the
999 general provisions of this subsection section, including the
1000 taxing authority and the date of the upcoming referendum.
1001 Notification must shall be by United States mail and, in
1002 addition thereto, by publication one time in a newspaper of
1003 general circulation in the county or municipality in which the
1004 district is located.
1005 (c) Any resident of the district whose name does not appear
1006 on the list compiled pursuant to paragraph (b) may register to
1007 vote as provided by law. The registration list shall remain open
1008 for 75 days after the notification required in paragraph (b).
1009 (d) Within 15 days after the closing of registration, the
1010 city clerk or the supervisor of elections shall send a ballot to
1011 each elector at his or her last known mailing address by first
1012 class United States mail. The ballot must shall include:
1013 1. A description of the general provisions of this section
1014 applicable to the neighborhood improvement district; and
1015 2. Immediately following said information, the following:
1016
1017 “Do you favor the imposition of a special assessment
1018 of not greater than $500 for each individual parcel of
1019 land per year to pay for the expenses of operating the
1020 neighborhood improvement district?
1021
1022 ....Yes, for the special assessment.
1023
1024 ....No, against the special assessment.”
1025
1026 (e) Ballots shall be returned by United States mail or by
1027 personal delivery.
1028 (f) All ballots that are received within 60 days after the
1029 closing of registration shall be tabulated by the city clerk or
1030 the supervisor of elections, who shall certify the results
1031 thereof to the city governing body or county commission no later
1032 than 5 days after the said 60-day period.
1033 (17) Exercise all lawful powers incidental to the effective
1034 and expedient exercise of the foregoing powers.
1035 Section 18. Subsections (3) and (4) of section 163.5151,
1036 Florida Statutes, are amended to read:
1037 163.5151 Fiscal management; budget preparation.—
1038 (3) Each local government and special neighborhood
1039 improvement district levying an ad valorem tax on real or
1040 personal property shall establish a its budget pursuant to the
1041 provisions of chapter 200. Before adopting Prior to adoption of
1042 the final budget and setting of the millage rate to be levied by
1043 the board, the board shall submit a tentative budget and
1044 proposed millage rate of the district to the governing body of
1045 the municipality in which the district is located, or to the
1046 county if the district is located in the unincorporated portion
1047 of the county, for approval or disapproval. Such governing body
1048 has shall have the power to modify the budget or millage
1049 submitted by the board. Subsequent to approval, the board shall
1050 adopt its final budget and millage rate in accordance with the
1051 requirements of chapter 200.
1052 (4) At the option of the county property appraiser for the
1053 county within which the neighborhood improvement district is
1054 located, the assessments levied by the district may shall be
1055 collected in the same manner as all ad valorem taxes if so
1056 requested by the local governing body pursuant to s. 197.363.
1057 Section 19. Section 163.516, Florida Statutes, is amended
1058 to read:
1059 163.516 Safe Neighborhood improvement plans.—
1060 (1) A safe neighborhood improvement plan is mandated for
1061 all neighborhood improvement districts. The plan must shall
1062 contain at least the following elements:
1063 (a) Demographics of the district.
1064 (b) Crime activity data and analysis.
1065 (b)(c) Land use, zoning, housing, and traffic analysis.
1066 (d) Determination of the problems of the crime-to
1067 environment relationship and the stability of the neighborhood
1068 improvement district.
1069 (c)(e) Statement of the district’s goal and objectives.
1070 (f) Assessment of crime prevention through community
1071 policing innovations, environmental design, environmental
1072 security, and defensible space strategies and tactics that will
1073 be applied to the crime-to-environment relationship problems.
1074 (g) Cost estimates and the methods of financing.
1075 (h) Outline of program participants and their functions and
1076 responsibilities.
1077 (i) Schedule for executing program activities.
1078 (j) Evaluation guidelines.
1079 (2) Every safe neighborhood improvement plan must shall
1080 show, by diagram and by general explanation:
1081 (a) Such property as is intended for use as public parks,
1082 recreation areas, streets, public utilities, and public
1083 improvements of any nature.
1084 (b) Specific identification of any publicly funded capital
1085 improvement projects to be undertaken within the district.
1086 (c) Adequate assurances that the improvements will be
1087 carried out pursuant to the plan.
1088 (d) Provision for the retention of controls and the
1089 establishment of any restrictions or covenants running with land
1090 sold or leased for private use for such periods of time and
1091 under such conditions as the governing body of the municipality
1092 in which the district is located, or the county if the district
1093 is located in the unincorporated portion of the county, deems
1094 necessary to effectuate the purposes of this part.
1095 (c)(e) Projected costs of improvements, including the
1096 amount to be expended on publicly funded capital improvement
1097 projects in the district and any indebtedness of the district,
1098 the county, or the municipality proposed to be incurred if such
1099 indebtedness is to be repaid with district revenues.
1100 (f) Promotion of advertising programs to be undertaken by
1101 the district or in conjunction with businesses in the district.
1102 (g) Suggested physical improvements necessary for the
1103 safety of residents in or visitors to the district.
1104 (h) Law enforcement and security plans for the district.
1105 (3) The safe neighborhood improvement plan must shall:
1106 (a) Be consistent with the adopted comprehensive plan for
1107 the county or municipality pursuant to the Community Planning
1108 Act. A No district plan may not shall be implemented unless the
1109 local governing body has determined that the said plan is
1110 consistent.
1111 (b) Be sufficiently complete to indicate such land
1112 acquisition, demolition and removal of structures, street
1113 modifications, redevelopment, and rehabilitation as may be
1114 proposed to be carried out in the district.
1115 (c) Provide some method for and measurement of the
1116 reduction of crime within the district.
1117 (4) The county, municipality, or district may prepare or
1118 cause to be prepared a safe neighborhood improvement plan, or
1119 any person or agency, public or private, may submit such a plan
1120 to a district. Prior to its consideration of a safe neighborhood
1121 improvement plan, the district shall submit such plan to the
1122 local governing body for review and written approval as to its
1123 consistency with the local government comprehensive plan. The
1124 district must be notified of approval or disapproval within 60
1125 days after receipt of the plan for review, and a revised version
1126 of the plan may be submitted to satisfy any inconsistencies. The
1127 district may not proceed with the safe neighborhood improvement
1128 plan until final approval is given by the local governing body.
1129 (4)(5) Before Prior to adoption of the safe neighborhood
1130 improvement plan, the board must shall hold a public hearing on
1131 the plan after public notice thereof by publication in a
1132 newspaper of general circulation in the county or municipality
1133 in which the district is located. The notice must shall describe
1134 the time, date, place, and purpose of the hearing; identify the
1135 boundaries of the district; and outline the general scope of the
1136 plan.
1137 (5)(6) The board, after the public hearing, may approve the
1138 safe neighborhood improvement plan if it finds that:
1139 (a) The plan has been approved as consistent with the local
1140 comprehensive plan by the local governing body; and
1141 (b) The plan will improve the promotion, appearance,
1142 safety, security, and public amenities of the neighborhood
1143 improvement district as stipulated in s. 163.502.
1144 (6)(7) If, at any time after approval of the safe
1145 neighborhood improvement plan, it becomes desirable to amend or
1146 modify the plan, the board may do so. Before Prior to any such
1147 amendment or modification, the board must shall obtain written
1148 approval of the local governing body concerning conformity to
1149 the local government comprehensive plan and must hold a public
1150 hearing on the proposed amendment or modification after public
1151 notice thereof by publication in a newspaper of general
1152 circulation in the county or municipality in which the district
1153 is located. The notice must shall describe the time, place, and
1154 purpose of the hearing and generally describe the proposed
1155 amendment or modification.
1156 (8) Pursuant to s. 163.3184, the governing body of a
1157 municipality or county shall hold two public hearings to
1158 consider the board-adopted safe neighborhood improvement plan as
1159 an amendment or modification to the municipality’s or county’s
1160 adopted local comprehensive plan.
1161 (9) A safe neighborhood improvement plan for each district
1162 shall be prepared and adopted by the municipality or county
1163 prior to the levy and expenditure of any of the proceeds of any
1164 tax assessment or fee authorized to such districts other than
1165 for the preparation of the safe community or business
1166 improvement plan.
1167 Section 20. Section 163.517, Florida Statutes, is repealed.
1168 Section 21. Section 163.519, Florida Statutes, is repealed.
1169 Section 22. Section 163.521, Florida Statutes, is repealed.
1170 Section 23. Section 163.5215, Florida Statutes, is
1171 repealed.
1172 Section 24. Section 163.522, Florida Statutes, is repealed.
1173 Section 25. Section 163.523, Florida Statutes, is repealed.
1174 Section 26. Section 163.524, Florida Statutes, is repealed.
1175 Section 27. Section 163.526, Florida Statutes, is repealed.
1176 Section 28. Paragraph (c) of subsection (1) of section
1177 376.84, Florida Statutes, is amended to read:
1178 376.84 Brownfield redevelopment economic incentives.—It is
1179 the intent of the Legislature that brownfield redevelopment
1180 activities be viewed as opportunities to significantly improve
1181 the utilization, general condition, and appearance of these
1182 sites. Different standards than those in place for new
1183 development, as allowed under current state and local laws,
1184 should be used to the fullest extent to encourage the
1185 redevelopment of a brownfield. State and local governments are
1186 encouraged to offer redevelopment incentives for this purpose,
1187 as an ongoing public investment in infrastructure and services,
1188 to help eliminate the public health and environmental hazards,
1189 and to promote the creation of jobs in these areas. Such
1190 incentives may include financial, regulatory, and technical
1191 assistance to persons and businesses involved in the
1192 redevelopment of the brownfield pursuant to this act.
1193 (1) Financial incentives and local incentives for
1194 redevelopment may include, but not be limited to:
1195 (c) Safe Neighborhood improvement districts as provided in
1196 part IV of chapter 163 ss. 163.501-163.523.
1197 Section 29. Subsection (2) of section 775.083, Florida
1198 Statutes, is amended to read:
1199 775.083 Fines.—
1200 (2) In addition to the fines set forth in subsection (1),
1201 court costs shall be assessed and collected in each instance a
1202 defendant pleads nolo contendere to, or is convicted of, or
1203 adjudicated delinquent for, a felony, a misdemeanor, or a
1204 criminal traffic offense under state law, or a violation of any
1205 municipal or county ordinance if the violation constitutes a
1206 misdemeanor under state law. The court costs imposed by this
1207 section shall be $50 for a felony and $20 for any other offense
1208 and shall be deposited by the clerk of the court into an
1209 appropriate county account for disbursement for the purposes
1210 provided in this subsection. A county shall account for the
1211 funds separately from other county funds as crime prevention
1212 funds. The county, in consultation with the sheriff, must expend
1213 such funds for crime prevention programs in the county,
1214 including safe neighborhood improvement programs under part IV
1215 of chapter 163 ss. 163.501-163.523.
1216 Section 30. Subsection (5) of section 932.7055, Florida
1217 Statutes, is amended to read:
1218 932.7055 Disposition of liens and forfeited property.—
1219 (5)(a) If the seizing agency is a county or municipal
1220 agency, the remaining proceeds shall be deposited in a special
1221 law enforcement trust fund established by the board of county
1222 commissioners or the governing body of the municipality. These
1223 Such proceeds and interest earned therefrom shall be used for
1224 school resource officer, crime prevention, safe neighborhood
1225 improvement, drug abuse education and prevention programs, or
1226 for other law enforcement purposes, which include defraying the
1227 cost of protracted or complex investigations, providing
1228 additional equipment or expertise, purchasing automated external
1229 defibrillators for use in law enforcement vehicles, and
1230 providing matching funds to obtain federal grants. The proceeds
1231 and interest may not be used to meet normal operating expenses
1232 of the law enforcement agency.
1233 (b) These funds may be expended upon request by the sheriff
1234 to the board of county commissioners or by the chief of police
1235 to the governing body of the municipality, accompanied by a
1236 written certification that the request complies with the
1237 provisions of this subsection, and only upon appropriation to
1238 the sheriff’s office or police department by the board of county
1239 commissioners or the governing body of the municipality.
1240 (c) An agency or organization, other than the seizing
1241 agency, that wishes to receive such funds shall apply to the
1242 sheriff or chief of police for an appropriation and its
1243 application shall be accompanied by a written certification that
1244 the moneys will be used for an authorized purpose. Such requests
1245 for expenditures must shall include a statement describing
1246 anticipated recurring costs for the agency for subsequent fiscal
1247 years. An agency or organization that receives money pursuant to
1248 this subsection shall provide an accounting for such moneys and
1249 shall furnish the same reports as an agency of the county or
1250 municipality that receives public funds. Such funds may be
1251 expended in accordance with the following procedures:
1252 1. Such funds may be used only for school resource officer,
1253 crime prevention, safe neighborhood improvement, drug abuse
1254 education, or drug prevention programs or such other law
1255 enforcement purposes as the board of county commissioners or
1256 governing body of the municipality deems appropriate.
1257 2. Such funds may shall not be a source of revenue to meet
1258 normal operating needs of the law enforcement agency.
1259 3. After July 1, 1992, and during every fiscal year
1260 thereafter, any local law enforcement agency that acquires at
1261 least $15,000 pursuant to the Florida Contraband Forfeiture Act
1262 within a fiscal year must expend or donate at least no less than
1263 15 percent of such proceeds for the support or operation of any
1264 drug treatment, drug abuse education, drug prevention, crime
1265 prevention, safe neighborhood improvement, or school resource
1266 officer program or programs program(s). The local law
1267 enforcement agency has the discretion to determine which program
1268 or programs program(s) will receive the designated proceeds.
1269
1270 Notwithstanding the drug abuse education, drug treatment, drug
1271 prevention, crime prevention, safe neighborhood improvement, or
1272 school resource officer minimum expenditures or donations, the
1273 sheriff and the board of county commissioners or the chief of
1274 police and the governing body of the municipality may agree to
1275 expend or donate such funds over a period of years if the
1276 expenditure or donation of such minimum amount in any given
1277 fiscal year would exceed the needs of the county or municipality
1278 for such program or programs program(s). Nothing in This section
1279 does not preclude precludes the expenditure or donation of
1280 forfeiture proceeds in excess of the minimum amounts established
1281 in this subsection herein.
1282 Section 31. This act shall take effect July 1, 2013.