Florida Senate - 2018 SB 1348 By Senator Perry 8-01270-18 20181348__ 1 A bill to be entitled 2 An act relating to community development districts; 3 amending s. 190.046, F.S.; authorizing adjacent lands 4 located within the county or municipality which a 5 petitioner anticipates adding to the boundaries of a 6 new community development district to also be 7 identified in a petition to establish the new district 8 under certain circumstances; providing requirements 9 for the petition; providing notification requirements 10 for the petition; prohibiting a parcel from being 11 included in the district without the written consent 12 of the owner of the parcel; authorizing a person to 13 petition the county or municipality to amend the 14 boundaries of the district to include a certain parcel 15 after establishment of the district; prohibiting a 16 filing fee for such petition; providing requirements 17 for the petition; requiring the person to provide the 18 petition to the district and to the owner of the 19 proposed additional parcel before filing the petition 20 with the county or municipality; requiring the county 21 or municipality to process the addition of the parcel 22 to the district as an amendment to the ordinance that 23 establishes the district once the petition is 24 determined sufficient and complete; authorizing the 25 county or municipality to process all such petitions 26 even if the addition exceeds specified acreage; 27 providing notice requirements for the intent to amend 28 the ordinance establishing the district; providing 29 that the amendment of a district by the addition of a 30 parcel does not alter the transition from landowner 31 voting to qualified elector voting; requiring the 32 petitioner to cause to be recorded a certain notice of 33 boundary amendment upon adoption of the ordinance 34 expanding the district; providing construction; 35 providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Paragraph (h) is added to subsection (1) of 40 section 190.046, Florida Statutes, to read: 41 190.046 Termination, contraction, or expansion of 42 district.— 43 (1) A landowner or the board may petition to contract or 44 expand the boundaries of a community development district in the 45 following manner: 46 (h) For a petition to establish a new community development 47 district of less than 2,500 acres on land located solely in one 48 county or one municipality, adjacent lands located within the 49 county or municipality which the petitioner anticipates adding 50 to the boundaries of the district within the next 10 years may 51 also be identified. If such adjacent land is identified, the 52 petition must include a legal description of each additional 53 parcel within the adjacent land, the current owner of the 54 parcel, the acreage of the parcel, and the current land use 55 designation of the parcel. At least 14 days before the hearing 56 required under s. 190.005(2)(b), the petitioner must give the 57 current owner of each such parcel notice of filing the petition 58 to establish the district, the date and time of the public 59 hearing on the petition, and the name and address of the 60 petitioner. A parcel may not be included in the district without 61 the written consent of the owner of the parcel. 62 1. After establishment of the district, a person may 63 petition the county or municipality to amend the boundaries of 64 the district to include a previously identified parcel that was 65 a proposed addition to the district before its establishment. A 66 filing fee may not be charged for this petition. Each such 67 petition must include: 68 a. A legal description by metes and bounds of the parcel to 69 be added; 70 b. A new legal description by metes and bounds of the 71 district; 72 c. Written consent of all owners of the parcel to be added; 73 d. A map of the district including the parcel to be added; 74 e. A description of the development proposed on the 75 additional parcel; and 76 f. A copy of the original petition identifying the parcel 77 to be added. 78 2. Before filing with the county or municipality, the 79 person must provide the petition to the district and to the 80 owner of the proposed additional parcel, if the owner is not the 81 petitioner. 82 3. Once the petition is determined sufficient and complete, 83 the county or municipality must process the addition of the 84 parcel to the district as an amendment to the ordinance that 85 establishes the district. The county or municipality may process 86 all petitions to amend the ordinance for parcels identified in 87 the original petition, even if, by adding such parcels, the 88 district exceeds 2,500 acres. 89 4. The petitioner shall cause to be published in a 90 newspaper of general circulation in the proposed district a 91 notice of the intent to amend the ordinance that establishes the 92 district, which notice shall be in addition to any notice 93 required for adoption of the ordinance amendment. Such notice 94 must be published at least 10 days before the scheduled hearing 95 on the ordinance amendment and may be published in the section 96 of the newspaper reserved for legal notices. The notice must 97 include a general description of the land to be added to the 98 district and the date and time of the scheduled hearing to amend 99 the ordinance. The petitioner shall mail the notice of the 100 hearing on the ordinance amendment to the owner of the parcel 101 and to the district at least 14 days before the scheduled 102 hearing. 103 5. The amendment of a district by the addition of a parcel 104 pursuant to this paragraph does not alter the transition from 105 landowner voting to qualified elector voting pursuant to s. 106 190.006, even if the total size of the district after the 107 addition of the parcel exceeds 5,000 acres. Upon adoption of the 108 ordinance expanding the district, the petitioner must cause to 109 be recorded a notice of boundary amendment which reflects the 110 new boundaries of the district. 111 6. This paragraph is intended to facilitate the orderly 112 addition of lands to a district under certain circumstances and 113 does not preclude the addition of lands to any district using 114 the procedures in the other provisions of this section. 115 Section 2. This act shall take effect July 1, 2018.