Florida Senate - 2017 (NP) SB 992 By Senator Thurston 33-01329-17 2017992__ 1 A bill to be entitled 2 An act relating to the City of Lauderhill, Broward 3 County; providing that a city ordinance creating a 4 neighborhood improvement district may authorize the 5 district to borrow money, contract loans, and issue 6 bonds, certificates, warrants, notes, or other 7 evidence of indebtedness and may pledge the special 8 assessment power of the district to pay such debts for 9 the purpose of financing certain capital projects; 10 conditioning the exercise of such power by a 11 neighborhood improvement district on approval by the 12 governing board of the district, city commission, and 13 electors of the district; establishing requirements 14 for a referendum; specifying characteristics of bonds 15 and loans authorized by the act; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. An ordinance enacted by the City of Lauderhill 21 pursuant to s. 163.506, Florida Statutes, to create a 22 neighborhood improvement district may, in addition to the 23 matters specified in s. 163.506(1), Florida Statutes, authorize 24 the district to borrow money, contract loans, and issue bonds, 25 certificates, warrants, notes, or other evidence of indebtedness 26 to finance the undertaking of capital projects for a purpose 27 authorized by the State Constitution and part IV of chapter 163, 28 Florida Statutes, and may pledge the special assessment power of 29 the district for the payment of such debts and bonds. 30 (1) Bonds issued by a district pursuant to this act: 31 (a) Must be authorized by resolution of the governing board 32 of the district, by resolution of the city commission, and by a 33 referendum of the electors of the district. The referendum must 34 include the estimated cost of the capital projects that are the 35 subject of the referendum and the amount of the bond issue. 36 1. Notwithstanding s. 101.6102, Florida Statutes, the 37 referendum to approve the bond issuance shall be by mail ballot. 38 2. Within 45 days after the date the city commission enacts 39 an ordinance calling a referendum pursuant to this paragraph, 40 the city clerk or the supervisor of elections, whichever is 41 appropriate, shall compile a list of the names and last known 42 addresses of the electors in the neighborhood improvement 43 district from the list of registered voters of the county as of 44 the last day of the preceding month, which shall be the 45 registration list for the referendum. A resident of the district 46 whose name does not appear on the registration list may register 47 to vote in the referendum as provided by law. 48 3. Within 45 days after compilation of the voter 49 registration list, the city clerk or the supervisor of 50 elections, whichever is appropriate, shall notify each elector 51 of the general provisions of this act and the date of the 52 upcoming referendum. Notification shall be by United States mail 53 and by publication, one time, in a newspaper of general 54 circulation in Broward County. 55 4. The registration list must remain open for 75 days after 56 the notification of electors required under subparagraph 3. 57 5. Within 15 days after closing the registration list, the 58 city clerk or the supervisor of elections, whichever is 59 appropriate, shall send a ballot to each elector at his or her 60 last known mailing address by first-class United States mail. 61 The ballot shall include: 62 a. A description of the general provisions of this act 63 applicable to neighborhood improvement districts; and 64 b. Immediately thereafter, the following statement: 65 66 Do you favor authorizing the .... Neighborhood Improvement 67 District to issue bonds in the amount of .... for purposes of 68 financing capital projects that are estimated to cost $...., as 69 provided by ...(legal citation of this act)...? 70 71 ....Yes, for authorizing the issuance of bonds for district 72 purposes. 73 74 ....No, against authorizing the issuance of bonds for district 75 purposes. 76 77 6. Ballots shall be returned by United States mail or by 78 personal delivery. 79 7. All ballots received within 60 days after the closing of 80 the registration list shall be tabulated by the city clerk or 81 the supervisor of elections, whichever is appropriate, who shall 82 certify the results thereof to the city commission no later than 83 5 days after such 60-day period. 84 8. The bond issuance is deemed to have been approved only 85 upon the affirmative vote of a majority of the registered voters 86 residing in the district. 87 (b) May be issued in one or more series and shall bear such 88 date or dates; be payable upon demand or mature at such time or 89 times; bear interest at such rate or rates; be in such 90 denomination or denominations; be in such form, registered or 91 not registered, with or without coupon; carry such conversion or 92 registration privileges; have such rank or priority; be executed 93 in such manner; be payable in such medium of payment, at such 94 place or places, and subject to such terms of redemption, with 95 or without premium, be secured in such manner; and have such 96 other characteristics as may be provided by a resolution adopted 97 pursuant to paragraph (a) or a trust indenture or mortgage 98 issued pursuant thereto. 99 (2) A loan contracted by a district pursuant to this act 100 may not have a term that exceeds the life of the projects 101 secured by the loan. 102 Section 2. This act shall take effect upon becoming a law.