Florida Senate - 2013                              CS for SB 564
       
       
       
       By the Committee on Community Affairs; and Senator Simmons
       
       
       
       
       578-02030-13                                           2013564c1
    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; amending s.
   96         163.524, F.S.; limiting application of provisions
   97         governing Neighborhood Preservation and Enhancement
   98         Districts and Neighborhood Councils to those districts
   99         and councils that were active on or before a specified
  100         date; prohibiting new Neighborhood Preservation and
  101         Enhancement Districts and Neighborhood Councils from
  102         being created after a specified date; amending ss.
  103         163.526, 376.84, 775.083, and 932.7055, F.S.;
  104         conforming provisions to changes made by the act;
  105         providing an effective date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Paragraph (d) of subsection (2) of section
  110  163.2511, Florida Statutes, is amended to read:
  111         163.2511 Urban infill and redevelopment.—
  112         (2) It is declared that:
  113         (d) State urban policies should guide the state, regional
  114  agencies, local governments, and the private sector in
  115  preserving and redeveloping existing urban cores and promoting
  116  the adequate provision of infrastructure, human services,
  117  neighborhood improvement safe neighborhoods, educational
  118  facilities, and economic development to sustain these cores into
  119  the future.
  120         Section 2. Paragraph (c) of subsection (3) of section
  121  163.2517, Florida Statutes, is amended to read:
  122         163.2517 Designation of urban infill and redevelopment
  123  area.—
  124         (3) A local government seeking to designate a geographic
  125  area within its jurisdiction as an urban infill and
  126  redevelopment area shall prepare a plan that describes the
  127  infill and redevelopment objectives of the local government
  128  within the proposed area. In lieu of preparing a new plan, the
  129  local government may demonstrate that an existing plan or
  130  combination of plans associated with a community redevelopment
  131  area, Florida Main Street program, Front Porch Florida
  132  Community, sustainable community, enterprise zone, or
  133  neighborhood improvement district includes the factors listed in
  134  paragraphs (a)-(n), including a collaborative and holistic
  135  community participation process, or amend such existing plans to
  136  include these factors. The plan shall demonstrate the local
  137  government and community’s commitment to comprehensively address
  138  the urban problems within the urban infill and redevelopment
  139  area and identify activities and programs to accomplish locally
  140  identified goals such as code enforcement; improved educational
  141  opportunities; reduction in crime; neighborhood revitalization
  142  and preservation; provision of infrastructure needs, including
  143  mass transit and multimodal linkages; and mixed-use planning to
  144  promote multifunctional redevelopment to improve both the
  145  residential and commercial quality of life in the area. The plan
  146  shall also:
  147         (c) Identify and map existing enterprise zones, community
  148  redevelopment areas, community development corporations,
  149  brownfield areas, downtown redevelopment districts, safe
  150  neighborhood improvement districts, historic preservation
  151  districts, and empowerment zones or enterprise communities
  152  located within the area proposed for designation as an urban
  153  infill and redevelopment area and provide a framework for
  154  coordinating infill and redevelopment programs within the urban
  155  core.
  156         Section 3. Paragraph (a) of subsection (6) of section
  157  163.3182, Florida Statutes, is amended to read:
  158         163.3182 Transportation deficiencies.—
  159         (6) EXEMPTIONS.—
  160         (a) The following public bodies or taxing authorities are
  161  exempt from this section:
  162         1. A special district that levies ad valorem taxes on
  163  taxable real property in more than one county.
  164         2. A special district for which the sole available source
  165  of revenue is the authority to levy ad valorem taxes at the time
  166  an ordinance is adopted under this section. However, revenue
  167  revenues or aid that may be dispensed or appropriated to a
  168  district as defined in s. 388.011 at the discretion of an entity
  169  other than such district is are not deemed available.
  170         3. A library district.
  171         4. A neighborhood improvement district created under the
  172  Safe Neighborhoods Improvement Act.
  173         5. A metropolitan transportation authority.
  174         6. A water management district created under s. 373.069.
  175         7. A community redevelopment agency.
  176         Section 4. Subsection (2) of section 163.3246, Florida
  177  Statutes, is amended to read:
  178         163.3246 Local government comprehensive planning
  179  certification program.—
  180         (2) In order to be eligible for certification under the
  181  program, the local government must:
  182         (a) Demonstrate a record of effectively adopting,
  183  implementing, and enforcing its comprehensive plan;
  184         (b) Demonstrate technical, financial, and administrative
  185  expertise to implement the provisions of this part without state
  186  oversight;
  187         (c) Obtain comments from the state and regional review
  188  agencies regarding the appropriateness of the proposed
  189  certification;
  190         (d) Hold at least one public hearing soliciting public
  191  input concerning the local government’s proposal for
  192  certification; and
  193         (e) Demonstrate that it has adopted programs in its local
  194  comprehensive plan and land development regulations which:
  195         1. Promote infill development and redevelopment, including
  196  prioritized and timely permitting processes in which
  197  applications for local development permits within the
  198  certification area are acted upon expeditiously for proposed
  199  development that is consistent with the local comprehensive
  200  plan.
  201         2. Promote the development of housing for low-income and
  202  very-low-income households or specialized housing to assist
  203  elderly and disabled persons to remain at home or in independent
  204  living arrangements.
  205         3. Achieve effective intergovernmental coordination and
  206  address the extrajurisdictional effects of development within
  207  the certified area.
  208         4. Promote economic diversity and growth while encouraging
  209  the retention of rural character, where rural areas exist, and
  210  the protection and restoration of the environment.
  211         5. Provide and maintain public urban and rural open space
  212  and recreational opportunities.
  213         6. Manage transportation and land uses to support public
  214  transit and promote opportunities for pedestrian and
  215  nonmotorized transportation.
  216         7. Use design principles to foster individual community
  217  identity, create a sense of place, and promote pedestrian
  218  oriented safe neighborhoods and town centers.
  219         8. Redevelop blighted areas.
  220         9. Adopt a local mitigation strategy and have programs to
  221  improve disaster preparedness and the ability to protect lives
  222  and property, especially in coastal high-hazard areas.
  223         10. Encourage clustered, mixed-use development that
  224  incorporates greenspace and residential development within
  225  walking distance of commercial development.
  226         11. Encourage urban infill at appropriate densities and
  227  intensities and separate urban and rural uses and discourage
  228  urban sprawl while preserving public open space and planning for
  229  buffer-type land uses and rural development consistent with
  230  their respective character along and outside the certification
  231  area.
  232         12. Ensure Assure protection of key natural areas and
  233  agricultural lands that are identified using state and local
  234  inventories of natural areas. Key natural areas include, but are
  235  not limited to:
  236         a. Wildlife corridors.
  237         b. Lands with high native biological diversity, important
  238  areas for threatened and endangered species, species of special
  239  concern, migratory bird habitat, and intact natural communities.
  240         c. Significant surface waters and springs, aquatic
  241  preserves, wetlands, and outstanding Florida waters.
  242         d. Water resources suitable for preservation of natural
  243  systems and for water resource development.
  244         e. Representative and rare native Florida natural systems.
  245         13. Ensure the cost-efficient provision of public
  246  infrastructure and services.
  247         Section 5. Paragraph (c) of subsection (2) of section
  248  163.387, Florida Statutes, is amended to read:
  249         163.387 Redevelopment trust fund.—
  250         (2)
  251         (c) The following public bodies or taxing authorities are
  252  exempt from paragraph (a):
  253         1. A special district that levies ad valorem taxes on
  254  taxable real property in more than one county.
  255         2. A special district for which the sole available source
  256  of revenue the district has the authority to levy is ad valorem
  257  taxes at the time an ordinance is adopted under this section.
  258  However, revenue revenues or aid that may be dispensed or
  259  appropriated to a district as defined in s. 388.011 at the
  260  discretion of an entity other than such district is shall not be
  261  deemed available.
  262         3. A library district, except a library district in a
  263  jurisdiction where the community redevelopment agency had
  264  validated bonds as of April 30, 1984.
  265         4. A neighborhood improvement district created under the
  266  Safe Neighborhoods Improvement Act.
  267         5. A metropolitan transportation authority.
  268         6. A water management district created under s. 373.069.
  269         Section 6. Section 163.501, Florida Statutes, is amended to
  270  read:
  271         163.501 Short title.—This part may be cited as the “Safe
  272  Neighborhoods Improvement Act.”
  273         Section 7. Section 163.502, Florida Statutes, is amended to
  274  read:
  275         163.502 Safe Neighborhoods improvement; legislative
  276  findings and purpose.—
  277         (1) The Legislature hereby finds and declares that among
  278  the many causes of deterioration in the business and residential
  279  neighborhoods of the state are the following: proliferation of
  280  crime, automobile traffic flow strangled by outmoded street
  281  patterns, unsuitable topography, faulty lot layouts,
  282  fragmentation of land uses and parking areas necessitating
  283  frequent automobile movement, lack of separation of pedestrian
  284  areas from automobile traffic, lack of separation of vehicle
  285  traffic lanes and railroad traffic, and excessive noise levels
  286  from automobile traffic, and lack of adequate public
  287  improvements, such as streets, street lights, street furniture,
  288  street landscaping, sidewalks, traffic signals, way-finding
  289  signs, mass transit, stormwater systems, and other public
  290  utilities and improvements.
  291         (2) The Legislature further finds and declares that healthy
  292  and vibrant safe neighborhoods are the product of planning and
  293  implementation of appropriate environmental design concepts,
  294  comprehensive planning crime prevention programs, land use
  295  recommendations, and beautification techniques.
  296         (3) The Legislature further finds and declares that the
  297  provisions of this part and the powers granted to local
  298  governments, property owners’ associations, special dependent
  299  districts, and community redevelopment neighborhood improvement
  300  districts are desirable to guide and accomplish the coordinated,
  301  balanced, and harmonious development of healthy and vibrant safe
  302  neighborhoods; to promote the health, safety, and general
  303  welfare of these areas and their inhabitants, visitors, property
  304  owners, and workers; to establish, maintain, and preserve
  305  property values and preserve and foster the development of
  306  attractive neighborhood and business environments; to prevent
  307  overcrowding and congestion; and to improve or redirect
  308  automobile traffic and provide pedestrian safety; to reduce
  309  crime rates and the opportunities for the commission of crime;
  310  and to provide improvements in neighborhoods so they are
  311  defensible against crime.
  312         (4) It is the intent of the Legislature to assist local
  313  governments in implementing plans that improve the employ crime
  314  prevention through community policing innovations, environmental
  315  design, environmental security, and defensible space techniques
  316  to establish safe neighborhoods of this state. The Legislature,
  317  therefore, declares that the development, redevelopment,
  318  preservation, and revitalization of neighborhoods in this state,
  319  and all the purposes of this part, are public purposes for which
  320  public money may be borrowed, expended, loaned, and granted.
  321         Section 8. Section 163.503, Florida Statutes, is amended to
  322  read:
  323         163.503 Safe neighborhoods; Definitions.—
  324         (1) “Safe Neighborhood improvement district,or
  325  “district,or “neighborhood improvement district” means a
  326  district located in an area in which more than 75 percent of the
  327  land is used for residential purposes, or in an area in which
  328  more than 75 percent of the land is used for commercial, office,
  329  business, or industrial purposes, excluding the land area used
  330  for public facilities, and where there is a plan to reduce crime
  331  through the implementation of crime prevention through
  332  environmental design, environmental security, or defensible
  333  space techniques, or through community policing innovations.
  334  Nothing in This section does not shall preclude the inclusion of
  335  public land in a neighborhood improvement district although the
  336  amount of land used for public facilities is excluded from the
  337  land use acreage calculations.
  338         (2) “Association” means a property owners’ association that
  339  which is incorporated for the purpose of creating and operating
  340  a neighborhood improvement district.
  341         (3) “Department” means the Department of Economic
  342  Opportunity Legal Affairs.
  343         (4) “Board” means the board of directors of a neighborhood
  344  improvement district, which may be the governing body of a
  345  municipality or county, or the officers of a property owners’
  346  association, or the board of directors of a special neighborhood
  347  improvement district or community redevelopment neighborhood
  348  improvement district.
  349         (5) “Environmental security” means an urban planning and
  350  design process which integrates crime prevention with
  351  neighborhood design and community development.
  352         (6) “Crime prevention through environmental design” means
  353  the planned use of environmental design concepts such as natural
  354  access control, natural surveillance, and territorial
  355  reinforcement in a neighborhood or community setting which is
  356  designed to reduce criminal opportunity and foster positive
  357  social interaction among the legitimate users of that setting.
  358         (7) “Defensible space” means an architectural perspective
  359  on crime prevention through physical design of the environment
  360  to create the ability to monitor and control the environment
  361  along individual perceived zones of territorial influence that
  362  result in a proprietary interest and a felt responsibility.
  363         (8) “Enterprise zone” means an area designated pursuant to
  364  s. 290.0065.
  365         (9) “Community policing innovation” means techniques or
  366  strategies as defined by s. 163.340.
  367         Section 9. Section 163.5035, Florida Statutes, is amended
  368  to read:
  369         163.5035 Safe Neighborhood improvement districts;
  370  compliance with special district provisions.—Any special
  371  district created pursuant to this part shall comply with all
  372  applicable provisions contained in chapter 189. In cases where a
  373  provision contained in this part conflicts with a provision in
  374  chapter 189, the provision in chapter 189 shall prevail.
  375         Section 10. Section 163.504, Florida Statutes, is amended
  376  to read:
  377         163.504 Safe Neighborhood improvement districts; planning
  378  funds.—
  379         (1) The governing body of any municipality or county may
  380  authorize the formation of safe neighborhood improvement
  381  districts through the adoption of an a planning ordinance that
  382  which specifies that such districts may be created by one or
  383  more of the methods established in ss. 163.506, 163.508,
  384  163.511, and 163.512. A No district may not overlap the
  385  jurisdictional boundaries of a municipality and the
  386  unincorporated area of a county, unless approved except by
  387  interlocal agreement.
  388         (2) If the governing body of a municipality or county
  389  elects to create a safe neighborhood improvement district, it
  390  shall be eligible to request a grant from the Safe Neighborhoods
  391  Program, created pursuant to s. 163.517 and administered by the
  392  Department of Legal Affairs, to prepare a safe neighborhood
  393  improvement plan for the district.
  394         (3) Municipalities and counties may implement the
  395  provisions of this section without planning funds from the
  396  Department of Legal Affairs. However, nothing in this section
  397  shall be construed to exempt any district from the requirements
  398  of providing a safe neighborhood improvement plan pursuant to s.
  399  163.516.
  400         Section 11. Section 163.5055, Florida Statutes, is amended
  401  to read:
  402         163.5055 Notice Registration of district establishment;
  403  notice of dissolution.—
  404         (1)(a) Each neighborhood improvement district that is
  405  authorized and established under this part shall, within 30 days
  406  after its establishment, notify thereof register with both the
  407  Department of Economic Opportunity and the Department of Legal
  408  Affairs by providing the department these departments with the
  409  district’s name, location, size, and type, and such other
  410  information as the department departments may request require.
  411         (2)(b) Each local governing body that authorizes the
  412  dissolution of a district shall notify both the Department of
  413  Economic Opportunity and the Department of Legal Affairs within
  414  30 days after the dissolution of the district.
  415         (2) This section shall apply to all neighborhood
  416  improvement districts established on or after July 1, 1987.
  417         Section 12. Section 163.506, Florida Statutes, is amended
  418  to read:
  419         163.506 Local government neighborhood improvement
  420  districts; creation; advisory council; dissolution.—
  421         (1) After an a local planning ordinance has been adopted
  422  authorizing the creation of local government neighborhood
  423  improvement districts, the local governing body of a
  424  municipality or county may create local government neighborhood
  425  improvement districts by the enactment of a separate ordinance
  426  for each district, which ordinance:
  427         (a) Specifies the boundaries, size, and name of the
  428  district.
  429         (b) Authorizes the district to receive grants a planning
  430  grant from the department.
  431         (c) Authorizes the local government neighborhood
  432  improvement district to levy an ad valorem tax on real and
  433  personal property of up to 2 mills annually.
  434         (d) Authorizes the use of special assessments to support
  435  planning and implementation of district improvements pursuant to
  436  the provisions of s. 163.514(16), if the district is a
  437  residential local government neighborhood improvement district
  438  including community policing innovations.
  439         (e) Designates the local governing body as the board of
  440  directors of the district.
  441         (f) Establishes an advisory council to the board of
  442  directors comprised of property owners, representatives of
  443  property owners, business owners, or residents of the district.
  444         (g) May prohibit the use of any district power authorized
  445  by s. 163.514.
  446         (h) Requires the district to notify the Department of Legal
  447  Affairs and the Department of Economic Opportunity in writing of
  448  its establishment within 30 days after establishment thereof
  449  pursuant to s. 163.5055.
  450         (i) Authorizes the district to borrow money, contract
  451  loans, and issue bonds, certificates, warrants, notes, or other
  452  evidence of indebtedness from time to time to finance the
  453  undertaking of any capital or other project for the purposes
  454  permitted by the State Constitution and this part and to pledge
  455  the funds, credit, property, and taxing power of the improvement
  456  district for the payment of such debts and bonds.
  457         1. Bonds that are issued under this paragraph shall be
  458  authorized by resolution of the governing body of the district
  459  and, if required by the State Constitution, by affirmative vote
  460  of the electors of the district. Such bonds may be issued in one
  461  or more series and shall bear such date or dates, be payable
  462  upon demand or mature at such time or times, bear interest at
  463  such rate or rates, be in such denomination or denominations, be
  464  in such form, registered or not, with or without coupon, carry
  465  such conversion or registration privileges, have such rank or
  466  priority, be executed in such manner, be payable in such medium
  467  of payment, at such place or places, and subject to such terms
  468  of redemption, with or without premium, be secured in such
  469  manner, and have such other characteristics as may be provided
  470  by such resolution or trust indenture or mortgage issued
  471  pursuant thereto.
  472         2. The governing body of the district shall determine the
  473  terms and manner of sale and distribution or other disposition
  474  of any bonds it issues, consistent with s. 218.385, and shall
  475  have all powers necessary for, and convenient to, such
  476  disposition.
  477         3. The governing body of the district may establish and
  478  administer such sinking funds as it deems necessary or
  479  convenient for the payment, purchase, or redemption of any
  480  outstanding bonded indebtedness of the district.
  481         4. The governing body of the district may levy ad valorem
  482  taxes upon real and tangible personal property within the
  483  district as it deems necessary to make payment, including
  484  principal and interest, upon the general obligation and ad
  485  valorem bonded indebtedness of the district or into any sinking
  486  fund created pursuant to this paragraph.
  487         5. A district has full authority for the issuance of bonds
  488  authorized under this paragraph.
  489         (j) Authorizes the district to make and collect special
  490  assessments pursuant to ss. 197.3632 and 197.3635 in order to
  491  pay for capital improvements within the district and for
  492  reasonable expenses of operating the district, including the
  493  payment of expenses included in the district’s budget, if the
  494  district is a commercial local government neighborhood
  495  improvement district. Such assessments may not exceed $500 for
  496  each individual parcel of land per year.
  497         (k) Authorizes the district to charge, collect, and enforce
  498  fees and other user charges.
  499         (l) Conditions the exercise of the powers provided in
  500  paragraphs (c), (i), and (j) on approval pursuant to a
  501  referendum as described in this paragraph:
  502         1. Within 45 days after the date the governing body of the
  503  municipality or county enacts an ordinance calling a referendum
  504  pursuant to this subsection, the city clerk or the supervisor of
  505  elections, whichever is appropriate, shall certify such
  506  ordinance and compile a list of the names and last known
  507  addresses of the freeholders in the proposed local government
  508  neighborhood improvement district from the tax assessment roll
  509  of the county applicable as of December 31 in the year preceding
  510  the year in which the ordinance is enacted. Except as otherwise
  511  provided in this paragraph, the list shall constitute the
  512  registration list for purposes of the freeholder referendum
  513  required under this paragraph.
  514         2. Within 45 days after compilation of the freeholder
  515  registration list pursuant to subparagraph 1., the city clerk or
  516  the supervisor of elections shall notify each such freeholder of
  517  the general provisions of this section, including the taxing
  518  authority and the date of the upcoming referendum, and the
  519  method provided for submitting corrections to the registration
  520  list if the status of the freeholder has changed since the
  521  compilation of the tax roll. Notification shall be by first
  522  class mail and, in addition, by publication one time in a
  523  newspaper of general circulation in the county or municipality
  524  in which the district is located.
  525         3. Any freeholder whose name does not appear on the
  526  registration list compiled pursuant to subparagraph 1. may
  527  register to vote with the city clerk or the supervisor of
  528  elections. The registration list must remain open for 75 days
  529  after enactment of the ordinance calling for the referendum.
  530         4. Within 15 days after the closing of the registration
  531  list, the city clerk or the supervisor of elections shall send a
  532  ballot by first-class mail to each registered freeholder at his
  533  or her last known mailing address. The ballot must include:
  534         a. A description of the general provisions of this section
  535  applicable to local government neighborhood improvement
  536  districts;
  537         b. The assessed value of the freeholder’s property;
  538         c. The percent of the freeholder’s interest in such
  539  property; and
  540         d. Immediately following the information required in sub
  541  subparagraphs a.-c., the following:
  542  
  543         “Do you favor authorizing the .... Local Government
  544  Neighborhood Improvement District to levy up to 2 mills of ad
  545  valorem taxes by such proposed district?
  546  
  547         ....Yes, for authorizing the levy of up to 2 mills of ad
  548  valorem taxes by such proposed district.
  549  
  550         ....No, against authorizing the levy of up to 2 mills of ad
  551  valorem taxes by such proposed district.”
  552  
  553         “Do you favor authorizing the .... Local Government
  554  Neighborhood Improvement District to borrow money, including by
  555  issuing bonds, as provided by s. 163.506(1)(i), Florida
  556  Statutes?
  557  
  558         ....Yes, for authorizing the borrowing of money for
  559  district purposes.
  560  
  561         ....No, against authorizing the borrowing of money for
  562  district purposes.”
  563  
  564         “Do you favor authorizing the .... Local Government
  565  Neighborhood Improvement District to impose a special assessment
  566  of not greater than $500 for each individual parcel of land per
  567  year to pay for the expenses of operating the neighborhood
  568  improvement district and for approved capital improvements
  569  within the district?
  570  
  571         ....Yes, for the special assessment.
  572  
  573         ....No, against the special assessment.”
  574  
  575         5. Ballots shall be returned by first-class mail or by
  576  personal delivery.
  577         6. All ballots that are received within 120 days after
  578  enactment of the ordinance shall be tabulated by the city clerk
  579  or the supervisor of elections, who shall certify the results to
  580  the city council or county commission no later than 5 days after
  581  the 120-day period.
  582         7. The freeholders shall be deemed to have approved of the
  583  provisions of this paragraph at such time as the city clerk or
  584  the supervisor of elections certifies to the governing body of
  585  the municipality or county that approval has been given by
  586  freeholders owning in excess of 50 percent of the assessed value
  587  of the properties represented by ballots cast.
  588         8. The city clerk or the supervisor of elections, whichever
  589  is appropriate, shall enclose, with each ballot that is sent to
  590  the freeholder pursuant to this paragraph, two envelopes: a
  591  secrecy envelope, into which the freeholder shall enclose the
  592  marked ballot; and a mailing envelope, into which the freeholder
  593  shall place the secrecy envelope, which shall be addressed to
  594  the city clerk or the supervisor of elections. The back side of
  595  the mailing envelope shall bear a certificate in substantially
  596  the following form:
  597  
  598   NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT  
  599                 AND COMPLETING VOTER’S CERTIFICATE.               
  600  
  601                         VOTER’S CERTIFICATE                       
  602  
  603         I, ...., am a duly qualified and registered freeholder of
  604  the proposed ...(name)... Local Government Neighborhood
  605  Improvement District, and I am entitled to vote this ballot. I
  606  do solemnly swear or affirm that I have not and will not vote
  607  more than one ballot in this election. I understand that failure
  608  to sign this certificate and have my signature witnessed will
  609  invalidate my ballot.
  610  
  611         ...(Voter’s Signature)...
  612  
  613         NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18
  614  YEARS OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
  615  
  616         I swear or affirm that the elector signed this voter’s
  617  certificate in my presence.
  618  
  619         ...(Signature of Witness)...
  620         ...(Address)...(City/State)...
  621  
  622         9. The certificate shall be arranged on the back of the
  623  mailing envelope so that the lines for the signatures of the
  624  freeholder and the attesting witness are across the seal of the
  625  envelope; however, no statement shall appear on the envelope
  626  which indicates that a signature of the freeholder or witness
  627  must cross the seal of the envelope. The freeholder and the
  628  attesting witness shall execute the certificate on the envelope.
  629         10. The city clerk or the supervisor of elections shall
  630  enclose with each ballot sent to a freeholder pursuant to this
  631  paragraph separate printed instructions in substantially the
  632  following form:
  633  
  634      READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.     
  635  
  636         a. VERY IMPORTANT. In order to ensure that your ballot will
  637  be counted, it should be completed and returned as soon as
  638  possible so that it can reach the city clerk or the supervisor
  639  of elections no later than 7 p.m. on the (final day of the 120
  640  day period given here).
  641         b. Mark your ballot in secret as instructed on the ballot.
  642         c. Place your marked ballot in the enclosed secrecy
  643  envelope.
  644         d. Insert the secrecy envelope into the enclosed mailing
  645  envelope, which is addressed to the city clerk or the supervisor
  646  of elections.
  647         e. Seal the mailing envelope and completely fill out the
  648  Voter’s Certificate on the back of the mailing envelope.
  649         f. VERY IMPORTANT. Sign your name on the line provided for
  650  “(Voter’s Signature).”
  651         g. VERY IMPORTANT. In order for your ballot to be counted,
  652  it must include the signature and address of a witness 18 years
  653  of age or older affixed to the Voter’s Certificate.
  654         h. Mail, deliver, or have delivered the completed mailing
  655  envelope. Be sure there is sufficient postage if mailed.
  656         (2) The advisory council shall perform such duties as may
  657  be prescribed by the governing body and shall submit within the
  658  time period specified by the governing body, acting as the board
  659  of directors, a report on the district’s activities and a
  660  proposed budget to accomplish its objectives. In formulating a
  661  plan for services or improvements, the advisory board shall
  662  consult in public session with the appropriate staff or
  663  consultants of the local governing body responsible for the
  664  district’s plan.
  665         (3) As an alternative to designating the local governing
  666  body as the board of directors, a majority of the local
  667  governing body of a city or county may appoint a board of three
  668  to seven directors for the district who shall be residents of
  669  the proposed area and who are subject to ad valorem taxation in
  670  the residential neighborhood improvement district or who are
  671  property owners in a commercial neighborhood improvement
  672  district. The directors shall be appointed for staggered terms
  673  of 3 years. The initial appointments shall be as follows: one
  674  director for a 1-year term; one director for a 2-year term; and
  675  one director for a 3-year term. If more than three directors are
  676  to be appointed, the additional members shall initially be
  677  appointed for 3-year terms. Vacancies shall be filled for the
  678  unexpired portion of a term in the same manner as the initial
  679  appointments were made. Each director shall hold office until
  680  his or her successor is appointed and qualified unless the
  681  director ceases to be qualified or is removed from office. Upon
  682  appointment and qualification and in January of each year, the
  683  directors shall organize by electing from their number a chair
  684  and a secretary.
  685         (3)(4) A district may be dissolved by the governing body by
  686  rescinding the ordinance creating the district. The governing
  687  body may rescind shall consider rescinding the ordinance if
  688  presented with a petition requesting that it be rescinded.
  689  Petitions related to a residential neighborhood improvement
  690  district must contain containing the signatures of 60 percent of
  691  the residents. Petitions related to a commercial neighborhood
  692  improvement district must contain signatures representing owners
  693  of 60 percent of the land area of the of a district.
  694         Section 13. Section 163.508, Florida Statutes, is amended
  695  to read:
  696         163.508 Property owners’ association neighborhood
  697  improvement districts; creation; powers and duties; duration.—
  698         (1) After an a local planning ordinance has been adopted
  699  authorizing the creation of property owners’ association
  700  neighborhood improvement districts, the local governing body of
  701  a municipality or county may create property owners’ association
  702  neighborhood improvement districts by the enactment of a
  703  separate ordinance for each district, which ordinance:
  704         (a) Establishes that an incorporated property owners’
  705  association representing 75 percent of all owners of property
  706  within a proposed district meeting the requirements of this
  707  section has petitioned the governing body of the municipality or
  708  county for creation of a district for the area encompassed by
  709  the property owned by members of the association.
  710         (b) Specifies the boundaries, size, and name of the
  711  district.
  712         (c) Authorizes the governing body through mutual agreement
  713  with the property owners’ association to:
  714         1. Request grants a matching grant from the state’s Safe
  715  Neighborhoods Program to prepare the first year’s safe
  716  neighborhood improvement plan. The provider of the local match
  717  for the state grant shall be mutually agreed upon between the
  718  governing body and the property owners’ association. The
  719  governing body may agree to provide the match as a no-interest
  720  bearing loan to be paid back from assessments imposed by the
  721  association on its members or shareholders.
  722         2. Provide staff and other technical assistance to the
  723  property owners’ association on a mutually agreed-upon basis,
  724  contractual or otherwise.
  725         3. Prepare the first year’s safe neighborhood improvement
  726  plan, which shall comply with and be consistent with the
  727  governing body’s adopted comprehensive plan.
  728         (d) Provides for an audit of the property owners’
  729  association.
  730         (e) Designates the officers of the incorporated property
  731  owners’ association as the board of directors of the district.
  732         (f) May prohibit the use of any district power authorized
  733  by s. 163.514.
  734         (g) Requires the district to notify the Department of Legal
  735  Affairs and the Department of Economic Opportunity in writing of
  736  its establishment within 30 days after establishment thereof
  737  pursuant to s. 163.5055.
  738         (2) In order to qualify for the creation of a neighborhood
  739  improvement district, the property owners shall form an
  740  association in compliance with this section, or use an existing
  741  property owners’ association in compliance with this section,
  742  which must shall be a not-for-profit corporation. At least, for
  743  profit or not for profit, and of which not less than 75 percent
  744  of all property owners within the proposed area must consent
  745  have consented in writing to become members or shareholders.
  746  Upon such consent by 75 percent of the property owners in the
  747  proposed district, all consenting property owners and their
  748  successors shall become members of the association and are shall
  749  be bound by the provisions of the articles of incorporation, the
  750  bylaws of the association, the covenants, the deed restrictions,
  751  the indentures, and any other properly promulgated restrictions.
  752  The association may not shall have a no member or shareholder
  753  who is not a bona fide owner of property within the proposed
  754  district. Upon receipt of its certificate of incorporation, the
  755  property owners’ association shall notify the clerk of the city
  756  or county court, whichever is appropriate, in writing, of such
  757  incorporation and shall list the names and addresses of the
  758  officers of the association.
  759         (3) Any incorporated property owners’ association operating
  760  pursuant to this part has shall have the power:
  761         (a) To negotiate with the governing body of a municipality
  762  or county for closing, privatizing, or modifying the rights-of
  763  way, and appurtenances thereto, within the district.
  764         (b) To use utilize various legal instruments such as
  765  covenants, deed restrictions, and indentures to preserve and
  766  maintain the integrity of property, land, and rights-of-way
  767  owned and conveyed to it within the district.
  768         (c) To make and collect assessments against all property
  769  within the boundaries of the district pursuant to the provisions
  770  of s. 163.514(16) and to lease, maintain, repair, and
  771  reconstruct any privatized street, land, or common area within
  772  the district upon dedication thereof to the association.
  773         (d) Without the joinder of any property owner, to modify,
  774  move, or create any easement for ingress and egress or for the
  775  purpose of utilities, if such easement constitutes part of or
  776  crosses district property. However, this does shall not
  777  authorize the association to modify or move any easement that
  778  which is created in whole or in part for the use or benefit of
  779  anyone other than association members, or that which crosses the
  780  property of anyone other than association members, without the
  781  consent or approval of such person as required by law or by the
  782  instrument creating the easement. Nothing in This paragraph does
  783  not shall affect the rights of ingress or egress of any member
  784  of the association.
  785         (4) A property owners’ association neighborhood improvement
  786  district shall continue in perpetuity as long as the property
  787  owners’ association created pursuant to this section exists
  788  under the applicable laws of the state.
  789         Section 14. Subsections (1), (7), (8), and (10) of section
  790  163.511, Florida Statutes, are amended to read:
  791         163.511 Special neighborhood improvement districts;
  792  creation; referendum; board of directors; duration; extension.—
  793         (1) After an a local planning ordinance has been adopted
  794  authorizing the creation of special neighborhood improvement
  795  districts, the governing body of a municipality or county may
  796  declare the need for and create special residential or business
  797  neighborhood improvement districts by the enactment of a
  798  separate ordinance for each district, which ordinance:
  799         (a) Conditions the implementation of the ordinance on the
  800  approval of a referendum as provided in subsection (2).
  801         (b) Authorizes the special neighborhood improvement
  802  district to levy an ad valorem tax on real and personal property
  803  of up to 2 mills annually.
  804         (c) Authorizes the use of special assessments to support
  805  planning and implementation of district improvements pursuant to
  806  the provisions of s. 163.514(16), including community policing
  807  innovations.
  808         (d) Specifies the boundaries, size, and name of the
  809  district.
  810         (e) Authorizes the district to receive a planning grant
  811  from the department.
  812         (f) Provides for the appointment of a three-member 3-member
  813  board of directors for the district.
  814         (g) May authorize a special neighborhood improvement
  815  district to exercise the power of eminent domain pursuant to
  816  chapters 73 and 74. Any property identified for eminent domain
  817  by the district is shall be subject to the approval of the local
  818  governing body before eminent domain procedures are exercised.
  819         (h) May prohibit the use of any district power authorized
  820  by s. 163.514.
  821         (i) Requires the district to notify the Department of Legal
  822  Affairs and the Department of Economic Opportunity in writing of
  823  its establishment within 30 days after establishment thereof
  824  pursuant to s. 163.5055.
  825         (j) May authorize a special neighborhood improvement
  826  district to develop and implement community policing innovations
  827  in consultation with the local law enforcement agency having
  828  jurisdiction within the district boundaries.
  829         (7) The business and affairs of a special neighborhood
  830  improvement district shall be conducted and administered by a
  831  board of three directors who must shall be residents of or
  832  property owners within the proposed area and who are subject to
  833  ad valorem taxation in the district. Upon their initial
  834  appointment and qualification and in January of each year
  835  thereafter, the directors shall organize by electing from their
  836  number a chair and a secretary, and may also employ staff and
  837  legal representatives as deemed appropriate, who shall serve at
  838  the pleasure of the board and may receive such compensation as
  839  shall be fixed by the board. The secretary shall keep a record
  840  of the proceedings of the district and shall be custodian of all
  841  books and records of the district. The directors may shall not
  842  receive any compensation for their services or, nor may they be
  843  employed by the district.
  844         (8) Within 30 days after of the approval of the creation of
  845  a special neighborhood improvement district, the governing body
  846  of the municipality if the district is in a municipality, a
  847  majority of the governing body of the municipality, or the
  848  county commission if the district is in the unincorporated area
  849  of the county, a majority of the county commission, shall
  850  appoint the three directors provided for in this section herein
  851  for staggered terms of 3 years. The initial appointments shall
  852  be as follows: one for a 1-year term, one for a 2-year term, and
  853  one for a 3-year term. Each director holds shall hold office
  854  until his or her successor is appointed and qualified unless the
  855  director ceases to be qualified to act as a director or is
  856  removed from office. Vacancies on the board shall be filled for
  857  the unexpired portion of a term in the same manner as the
  858  initial appointments were made.
  859         (10) The governing body of a municipality or county may
  860  remove a director for inefficiency, neglect of duty, or
  861  misconduct in office only after a hearing and only if he or she
  862  has been given a copy of the charges at least 10 days prior to
  863  such hearing and has had an opportunity to be heard in person or
  864  by counsel. A vacancy so created shall be filled as provided in
  865  this section herein.
  866         Section 15. Section 163.512, Florida Statutes, is amended
  867  to read:
  868         163.512 Community redevelopment neighborhood improvement
  869  districts; creation; advisory council; dissolution.—
  870         (1) Upon the recommendation of the community redevelopment
  871  agency and after an a local planning ordinance has been adopted
  872  authorizing the creation of community redevelopment neighborhood
  873  improvement districts, the local governing body of a
  874  municipality or county may create community redevelopment
  875  neighborhood improvement districts by the enactment of a
  876  separate ordinance for each district, which ordinance:
  877         (a) Specifies the boundaries, size, and name of the
  878  district.
  879         (b) Authorizes the district to receive grants a planning
  880  grant from the department.
  881         (c) Authorizes the use of the community redevelopment trust
  882  fund created pursuant to s. 163.387 for the purposes of
  883  implementing the district’s safe neighborhood improvement plan
  884  and furthering crime prevention through community policing
  885  innovations, environmental design, environmental security, and
  886  defensible space techniques, if the expenditures from the
  887  community redevelopment trust fund are consistent with the
  888  community redevelopment plan created pursuant to s. 163.360.
  889         (d) Designates the community redevelopment board of
  890  commissioners established pursuant to s. 163.356 or s. 163.357
  891  as the board of directors for the district.
  892         (e) Establishes an advisory council to the board of
  893  directors comprised of property owners or residents of the
  894  district.
  895         (f) May prohibit the use of any district power authorized
  896  by s. 163.514.
  897         (g) Requires that the district’s safe neighborhood
  898  improvement plan be consistent with the community redevelopment
  899  plan created pursuant to s. 163.360, and permits the safe
  900  neighborhood improvement plan to be included in the community
  901  redevelopment plan as an optional element.
  902         (h) Requires that the boundaries of the community
  903  redevelopment district be contained in whole within the
  904  community redevelopment area established pursuant to ss. 163.355
  905  and 163.356.
  906         (i) Requires that the district to notify the Department of
  907  Legal Affairs and the Department of Economic Opportunity in
  908  writing of its establishment within 30 days after establishment
  909  thereof pursuant to s. 163.5055.
  910         (2) The advisory council shall perform such duties as may
  911  be prescribed by the community redevelopment board established
  912  pursuant to s. 163.356 and shall submit within the time period
  913  specified by the board of directors a report on the district’s
  914  activities and a proposed budget to accomplish its objectives.
  915  In formulating a plan for services or improvements, the advisory
  916  council shall consult in public session with the appropriate
  917  staff or consultants of the community redevelopment board
  918  responsible for the district’s plan.
  919         (3) A district may be dissolved by the local governing body
  920  by rescinding the ordinance creating the district. The governing
  921  body may rescind shall consider rescinding the ordinance if
  922  presented with a petition containing the signatures of 60
  923  percent of the residents of a district.
  924         Section 16. Section 163.513, Florida Statutes, is repealed.
  925         Section 17. Section 163.514, Florida Statutes, is amended
  926  to read:
  927         163.514 Powers of neighborhood improvement districts.
  928  Unless prohibited by ordinance, the board of any district is
  929  shall be empowered to:
  930         (1) Enter into contracts and agreements and sue and be sued
  931  as a body corporate.
  932         (2) Have and use a corporate seal.
  933         (3) Acquire, own, convey, or otherwise dispose of, lease as
  934  lessor or lessee, construct, maintain, improve, enlarge, raze,
  935  relocate, operate, and manage property and facilities of
  936  whatever type to which it holds title and grant and acquire
  937  licenses, easements, and options with respect thereto.
  938         (4) Accept grants and donations of any type of property,
  939  labor, or other thing of value from any public or private
  940  source.
  941         (5) Have exclusive control of funds legally available to
  942  it, subject to limitations imposed by law or by any agreement
  943  validly entered into by it.
  944         (6) Cooperate and contract with other governmental agencies
  945  or other public bodies.
  946         (7) Contract for services of planners, engineers,
  947  attorneys, and other planning consultants, experts on crime
  948  prevention through community policing innovations, environmental
  949  design, environmental security, or defensible space, or other
  950  experts in areas pertaining to the operations of the board of
  951  directors or the district.
  952         (8) Contract with the county or municipal government for
  953  planning assistance, legal advice, and for increased levels of
  954  law enforcement protection and security, including additional
  955  personnel.
  956         (9) Promote and advertise the commercial advantages of the
  957  district so as to attract new businesses and encourage the
  958  expansion of existing businesses.
  959         (10) Promote and advertise the district to the public and
  960  engage in cooperative advertising programs with businesses
  961  located in the district.
  962         (11) Improve, plan, design, construct, operate, provide,
  963  and maintain street lighting, parks, streets, drainage,
  964  utilities, swales, parking facilities, transit facilities,
  965  landscaping, and open areas, and provide safe access to mass
  966  transportation facilities in the district.
  967         (12) Undertake innovative approaches to securing
  968  neighborhoods from crime, such as crime prevention through
  969  community policing innovations, environmental design,
  970  environmental security, and defensible space.
  971         (13) Privatize, close, vacate, plan, or replan streets,
  972  roads, sidewalks, and alleys, subject to the concurrence of the
  973  local governing body and, if required, the state Department of
  974  Transportation.
  975         (14) Prepare, adopt, implement, and modify a safe
  976  neighborhood improvement plan for the district.
  977         (15) Identify areas that have with blighted influences,
  978  including, but not limited to, areas where unlawful urban
  979  dumping or graffiti are prevalent, and develop programs for
  980  eradication thereof.
  981         (16)(a) Subject to referendum approval, and for residential
  982  local government, special, community redevelopment, and property
  983  owners’ association neighborhood improvement districts only,
  984  make and collect special assessments pursuant to ss. 197.3632
  985  and 197.3635 to pay for improvements to the district and for
  986  reasonable expenses of operating the district, including the
  987  payment of expenses included in the district’s budget, subject
  988  to an affirmative vote by a majority of the registered voters
  989  residing in the district. Such assessments may shall not exceed
  990  $500 for each individual parcel of land per year.
  991  Notwithstanding the provisions of s. 101.6102, the referendum to
  992  approve the special assessment must shall be by mail ballot.
  993         (b) In order to implement this subsection, the city clerk
  994  or the supervisor of elections, whichever is appropriate, shall
  995  compile a list of the names and last known addresses of the
  996  electors in the neighborhood improvement district from the list
  997  of registered voters of the county as of the last day of the
  998  preceding month. The same shall constitute the registration list
  999  for the purposes of a referendum. Within 45 days after
 1000  compilation of the voter registration list, the city clerk or
 1001  the supervisor of elections shall notify each elector of the
 1002  general provisions of this subsection section, including the
 1003  taxing authority and the date of the upcoming referendum.
 1004  Notification must shall be by United States mail and, in
 1005  addition thereto, by publication one time in a newspaper of
 1006  general circulation in the county or municipality in which the
 1007  district is located.
 1008         (c) Any resident of the district whose name does not appear
 1009  on the list compiled pursuant to paragraph (b) may register to
 1010  vote as provided by law. The registration list shall remain open
 1011  for 75 days after the notification required in paragraph (b).
 1012         (d) Within 15 days after the closing of registration, the
 1013  city clerk or the supervisor of elections shall send a ballot to
 1014  each elector at his or her last known mailing address by first
 1015  class United States mail. The ballot must shall include:
 1016         1. A description of the general provisions of this section
 1017  applicable to the neighborhood improvement district; and
 1018         2. Immediately following said information, the following:
 1019  
 1020         “Do you favor the imposition of a special assessment
 1021         of not greater than $500 for each individual parcel of
 1022         land per year to pay for the expenses of operating the
 1023         neighborhood improvement district?
 1024  
 1025         ....Yes, for the special assessment.
 1026  
 1027         ....No, against the special assessment.”
 1028  
 1029         (e) Ballots shall be returned by United States mail or by
 1030  personal delivery.
 1031         (f) All ballots that are received within 60 days after the
 1032  closing of registration shall be tabulated by the city clerk or
 1033  the supervisor of elections, who shall certify the results
 1034  thereof to the city governing body or county commission no later
 1035  than 5 days after the said 60-day period.
 1036         (17) Exercise all lawful powers incidental to the effective
 1037  and expedient exercise of the foregoing powers.
 1038         Section 18. Subsections (3) and (4) of section 163.5151,
 1039  Florida Statutes, are amended to read:
 1040         163.5151 Fiscal management; budget preparation.—
 1041         (3) Each local government and special neighborhood
 1042  improvement district levying an ad valorem tax on real or
 1043  personal property shall establish a its budget pursuant to the
 1044  provisions of chapter 200. Before adopting Prior to adoption of
 1045  the final budget and setting of the millage rate to be levied by
 1046  the board, the board shall submit a tentative budget and
 1047  proposed millage rate of the district to the governing body of
 1048  the municipality in which the district is located, or to the
 1049  county if the district is located in the unincorporated portion
 1050  of the county, for approval or disapproval. Such governing body
 1051  has shall have the power to modify the budget or millage
 1052  submitted by the board. Subsequent to approval, the board shall
 1053  adopt its final budget and millage rate in accordance with the
 1054  requirements of chapter 200.
 1055         (4) At the option of the county property appraiser for the
 1056  county within which the neighborhood improvement district is
 1057  located, the assessments levied by the district may shall be
 1058  collected in the same manner as all ad valorem taxes if so
 1059  requested by the local governing body pursuant to s. 197.363.
 1060         Section 19. Section 163.516, Florida Statutes, is amended
 1061  to read:
 1062         163.516 Safe Neighborhood improvement plans.—
 1063         (1) A safe neighborhood improvement plan is mandated for
 1064  all neighborhood improvement districts. The plan must shall
 1065  contain at least the following elements:
 1066         (a) Demographics of the district.
 1067         (b) Crime activity data and analysis.
 1068         (b)(c) Land use, zoning, housing, and traffic analysis.
 1069         (d) Determination of the problems of the crime-to
 1070  environment relationship and the stability of the neighborhood
 1071  improvement district.
 1072         (c)(e) Statement of the district’s goal and objectives.
 1073         (f) Assessment of crime prevention through community
 1074  policing innovations, environmental design, environmental
 1075  security, and defensible space strategies and tactics that will
 1076  be applied to the crime-to-environment relationship problems.
 1077         (g) Cost estimates and the methods of financing.
 1078         (h) Outline of program participants and their functions and
 1079  responsibilities.
 1080         (i) Schedule for executing program activities.
 1081         (j) Evaluation guidelines.
 1082         (2) Every safe neighborhood improvement plan must shall
 1083  show, by diagram and by general explanation:
 1084         (a) Such property as is intended for use as public parks,
 1085  recreation areas, streets, public utilities, and public
 1086  improvements of any nature.
 1087         (b) Specific identification of any publicly funded capital
 1088  improvement projects to be undertaken within the district.
 1089         (c) Adequate assurances that the improvements will be
 1090  carried out pursuant to the plan.
 1091         (d) Provision for the retention of controls and the
 1092  establishment of any restrictions or covenants running with land
 1093  sold or leased for private use for such periods of time and
 1094  under such conditions as the governing body of the municipality
 1095  in which the district is located, or the county if the district
 1096  is located in the unincorporated portion of the county, deems
 1097  necessary to effectuate the purposes of this part.
 1098         (c)(e) Projected costs of improvements, including the
 1099  amount to be expended on publicly funded capital improvement
 1100  projects in the district and any indebtedness of the district,
 1101  the county, or the municipality proposed to be incurred if such
 1102  indebtedness is to be repaid with district revenues.
 1103         (f) Promotion of advertising programs to be undertaken by
 1104  the district or in conjunction with businesses in the district.
 1105         (g) Suggested physical improvements necessary for the
 1106  safety of residents in or visitors to the district.
 1107         (h) Law enforcement and security plans for the district.
 1108         (3) The safe neighborhood improvement plan must shall:
 1109         (a) Be consistent with the adopted comprehensive plan for
 1110  the county or municipality pursuant to the Community Planning
 1111  Act. A No district plan may not shall be implemented unless the
 1112  local governing body has determined that the said plan is
 1113  consistent.
 1114         (b) Be sufficiently complete to indicate such land
 1115  acquisition, demolition and removal of structures, street
 1116  modifications, redevelopment, and rehabilitation as may be
 1117  proposed to be carried out in the district.
 1118         (c) Provide some method for and measurement of the
 1119  reduction of crime within the district.
 1120         (4) The county, municipality, or district may prepare or
 1121  cause to be prepared a safe neighborhood improvement plan, or
 1122  any person or agency, public or private, may submit such a plan
 1123  to a district. Prior to its consideration of a safe neighborhood
 1124  improvement plan, the district shall submit such plan to the
 1125  local governing body for review and written approval as to its
 1126  consistency with the local government comprehensive plan. The
 1127  district must be notified of approval or disapproval within 60
 1128  days after receipt of the plan for review, and a revised version
 1129  of the plan may be submitted to satisfy any inconsistencies. The
 1130  district may not proceed with the safe neighborhood improvement
 1131  plan until final approval is given by the local governing body.
 1132         (4)(5)Before Prior to adoption of the safe neighborhood
 1133  improvement plan, the board must shall hold a public hearing on
 1134  the plan after public notice thereof by publication in a
 1135  newspaper of general circulation in the county or municipality
 1136  in which the district is located. The notice must shall describe
 1137  the time, date, place, and purpose of the hearing; identify the
 1138  boundaries of the district; and outline the general scope of the
 1139  plan.
 1140         (5)(6) The board, after the public hearing, may approve the
 1141  safe neighborhood improvement plan if it finds that:
 1142         (a) The plan has been approved as consistent with the local
 1143  comprehensive plan by the local governing body; and
 1144         (b) The plan will improve the promotion, appearance,
 1145  safety, security, and public amenities of the neighborhood
 1146  improvement district as stipulated in s. 163.502.
 1147         (6)(7) If, at any time after approval of the safe
 1148  neighborhood improvement plan, it becomes desirable to amend or
 1149  modify the plan, the board may do so. Before Prior to any such
 1150  amendment or modification, the board must shall obtain written
 1151  approval of the local governing body concerning conformity to
 1152  the local government comprehensive plan and must hold a public
 1153  hearing on the proposed amendment or modification after public
 1154  notice thereof by publication in a newspaper of general
 1155  circulation in the county or municipality in which the district
 1156  is located. The notice must shall describe the time, place, and
 1157  purpose of the hearing and generally describe the proposed
 1158  amendment or modification.
 1159         (8) Pursuant to s. 163.3184, the governing body of a
 1160  municipality or county shall hold two public hearings to
 1161  consider the board-adopted safe neighborhood improvement plan as
 1162  an amendment or modification to the municipality’s or county’s
 1163  adopted local comprehensive plan.
 1164         (9) A safe neighborhood improvement plan for each district
 1165  shall be prepared and adopted by the municipality or county
 1166  prior to the levy and expenditure of any of the proceeds of any
 1167  tax assessment or fee authorized to such districts other than
 1168  for the preparation of the safe community or business
 1169  improvement plan.
 1170         Section 20. Section 163.517, Florida Statutes, is repealed.
 1171         Section 21. Section 163.519, Florida Statutes, is repealed.
 1172         Section 22. Section 163.521, Florida Statutes, is repealed.
 1173         Section 23. Section 163.5215, Florida Statutes, is
 1174  repealed.
 1175         Section 24. Section 163.522, Florida Statutes, is repealed.
 1176         Section 25. Section 163.523, Florida Statutes, is repealed.
 1177         Section 26. Subsection (13) is added to section 163.524,
 1178  Florida Statutes, to read:
 1179         163.524 Neighborhood Preservation and Enhancement Program;
 1180  participation; creation of Neighborhood Preservation and
 1181  Enhancement Districts; creation of Neighborhood Councils and
 1182  Neighborhood Enhancement Plans.—
 1183         (13) Effective July 1, 2013, this section applies only to a
 1184  Neighborhood Preservation and Enhancement District and a
 1185  Neighborhood Council that are active on or before June 30, 2013.
 1186  A Neighborhood Preservation and Enhancement District and a
 1187  Neighborhood Council may not be created after June 30, 2013.
 1188         Section 27. Section 27. Subsection (4) is added to section
 1189  163.526, Florida Statutes, to read:
 1190         163.526 Neighborhood Councils and local government
 1191  designated agency; powers and duties.—
 1192         (4) Effective July 1, 2013, this section applies only to a
 1193  a Neighborhood Council that was active on or before June 30,
 1194  2013.
 1195         Section 28. Paragraph (c) of subsection (1) of section
 1196  376.84, Florida Statutes, is amended to read:
 1197         376.84 Brownfield redevelopment economic incentives.—It is
 1198  the intent of the Legislature that brownfield redevelopment
 1199  activities be viewed as opportunities to significantly improve
 1200  the utilization, general condition, and appearance of these
 1201  sites. Different standards than those in place for new
 1202  development, as allowed under current state and local laws,
 1203  should be used to the fullest extent to encourage the
 1204  redevelopment of a brownfield. State and local governments are
 1205  encouraged to offer redevelopment incentives for this purpose,
 1206  as an ongoing public investment in infrastructure and services,
 1207  to help eliminate the public health and environmental hazards,
 1208  and to promote the creation of jobs in these areas. Such
 1209  incentives may include financial, regulatory, and technical
 1210  assistance to persons and businesses involved in the
 1211  redevelopment of the brownfield pursuant to this act.
 1212         (1) Financial incentives and local incentives for
 1213  redevelopment may include, but not be limited to:
 1214         (c) Safe Neighborhood improvement districts as provided in
 1215  part IV of chapter 163 ss. 163.501-163.523.
 1216         Section 29. Subsection (2) of section 775.083, Florida
 1217  Statutes, is amended to read:
 1218         775.083 Fines.—
 1219         (2) In addition to the fines set forth in subsection (1),
 1220  court costs shall be assessed and collected in each instance a
 1221  defendant pleads nolo contendere to, or is convicted of, or
 1222  adjudicated delinquent for, a felony, a misdemeanor, or a
 1223  criminal traffic offense under state law, or a violation of any
 1224  municipal or county ordinance if the violation constitutes a
 1225  misdemeanor under state law. The court costs imposed by this
 1226  section shall be $50 for a felony and $20 for any other offense
 1227  and shall be deposited by the clerk of the court into an
 1228  appropriate county account for disbursement for the purposes
 1229  provided in this subsection. A county shall account for the
 1230  funds separately from other county funds as crime prevention
 1231  funds. The county, in consultation with the sheriff, must expend
 1232  such funds for crime prevention programs in the county,
 1233  including safe neighborhood improvement programs under part IV
 1234  of chapter 163 ss. 163.501-163.523.
 1235         Section 30. Subsection (5) of section 932.7055, Florida
 1236  Statutes, is amended to read:
 1237         932.7055 Disposition of liens and forfeited property.—
 1238         (5)(a) If the seizing agency is a county or municipal
 1239  agency, the remaining proceeds shall be deposited in a special
 1240  law enforcement trust fund established by the board of county
 1241  commissioners or the governing body of the municipality. These
 1242  Such proceeds and interest earned therefrom shall be used for
 1243  school resource officer, crime prevention, safe neighborhood
 1244  improvement, drug abuse education and prevention programs, or
 1245  for other law enforcement purposes, which include defraying the
 1246  cost of protracted or complex investigations, providing
 1247  additional equipment or expertise, purchasing automated external
 1248  defibrillators for use in law enforcement vehicles, and
 1249  providing matching funds to obtain federal grants. The proceeds
 1250  and interest may not be used to meet normal operating expenses
 1251  of the law enforcement agency.
 1252         (b) These funds may be expended upon request by the sheriff
 1253  to the board of county commissioners or by the chief of police
 1254  to the governing body of the municipality, accompanied by a
 1255  written certification that the request complies with the
 1256  provisions of this subsection, and only upon appropriation to
 1257  the sheriff’s office or police department by the board of county
 1258  commissioners or the governing body of the municipality.
 1259         (c) An agency or organization, other than the seizing
 1260  agency, that wishes to receive such funds shall apply to the
 1261  sheriff or chief of police for an appropriation and its
 1262  application shall be accompanied by a written certification that
 1263  the moneys will be used for an authorized purpose. Such requests
 1264  for expenditures must shall include a statement describing
 1265  anticipated recurring costs for the agency for subsequent fiscal
 1266  years. An agency or organization that receives money pursuant to
 1267  this subsection shall provide an accounting for such moneys and
 1268  shall furnish the same reports as an agency of the county or
 1269  municipality that receives public funds. Such funds may be
 1270  expended in accordance with the following procedures:
 1271         1. Such funds may be used only for school resource officer,
 1272  crime prevention, safe neighborhood improvement, drug abuse
 1273  education, or drug prevention programs or such other law
 1274  enforcement purposes as the board of county commissioners or
 1275  governing body of the municipality deems appropriate.
 1276         2. Such funds may shall not be a source of revenue to meet
 1277  normal operating needs of the law enforcement agency.
 1278         3. After July 1, 1992, and during every fiscal year
 1279  thereafter, any local law enforcement agency that acquires at
 1280  least $15,000 pursuant to the Florida Contraband Forfeiture Act
 1281  within a fiscal year must expend or donate at least no less than
 1282  15 percent of such proceeds for the support or operation of any
 1283  drug treatment, drug abuse education, drug prevention, crime
 1284  prevention, safe neighborhood improvement, or school resource
 1285  officer program or programs program(s). The local law
 1286  enforcement agency has the discretion to determine which program
 1287  or programs program(s) will receive the designated proceeds.
 1288  
 1289  Notwithstanding the drug abuse education, drug treatment, drug
 1290  prevention, crime prevention, safe neighborhood improvement, or
 1291  school resource officer minimum expenditures or donations, the
 1292  sheriff and the board of county commissioners or the chief of
 1293  police and the governing body of the municipality may agree to
 1294  expend or donate such funds over a period of years if the
 1295  expenditure or donation of such minimum amount in any given
 1296  fiscal year would exceed the needs of the county or municipality
 1297  for such program or programs program(s). Nothing in This section
 1298  does not preclude precludes the expenditure or donation of
 1299  forfeiture proceeds in excess of the minimum amounts established
 1300  in this subsection herein.
 1301         Section 31. This act shall take effect July 1, 2013.