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.