Florida Senate - 2024                                    SB 1330
       By Senator Calatayud
       38-00607-24                                           20241330__
    1                        A bill to be entitled                      
    2         An act relating to resilience districts; creating s.
    3         190.101, F.S.; providing a short title; creating s.
    4         190.102, F.S.; providing legislative findings;
    5         creating s. 190.103, F.S.; defining terms; creating s.
    6         190.104, F.S.; declaring that this act constitutes the
    7         sole authority for resilience districts; creating s.
    8         190.105, F.S.; providing that the establishment of
    9         resilience districts is through a petition by certain
   10         persons; prohibiting a local government from
   11         initiating a resilience district without such
   12         petition; specifying the requirements for the
   13         petition; requiring the petitioner to send copies of
   14         the petition to specified counties and municipalities
   15         and pay a certain fee; authorizing petitioners to
   16         engage in certain meetings before the filing of the
   17         petition; requiring certain counties and
   18         municipalities to conduct public hearings; specifying
   19         a timeframe for conducting such hearings; authorizing
   20         counties or municipalities to express support of or
   21         objection to the resilience district by resolution;
   22         specifying the requirements for such resolution;
   23         requiring the public hearing on a petition to be
   24         conducted in accordance with local regulations and at
   25         an accessible location; requiring the petitioner to
   26         publish notice of the hearing; specifying the
   27         requirements of the notice; requiring the local
   28         government to give an opportunity to provide oral or
   29         written comments on the petition; providing that the
   30         local government where the petition is filed may
   31         consider specified factors in granting or denying a
   32         petition for a resilience district; specifying certain
   33         requirements if the petition is denied on a specified
   34         basis; requiring that an interlocal agreement be
   35         signed in certain circumstances; requiring counties to
   36         develop a process to receive such petitions by a
   37         certain date; specifying the requirements of the
   38         petition; requiring the petitioner to submit a
   39         petition to a specified county and to pay certain
   40         fees; requiring the county to make certain
   41         notifications; requiring the county to conduct a
   42         public hearing under certain circumstances; specifying
   43         a timeframe and requirements for such hearing;
   44         authorizing counties to express support of or
   45         objection to the resilience district by resolution;
   46         specifying the requirements for such resolution;
   47         requiring that the hearing be conducted in accordance
   48         with local regulations and at an accessible location;
   49         requiring the petitioner to publish notice of the
   50         hearing; specifying the requirements of the notice;
   51         requiring the county to give certain individuals an
   52         opportunity to provide oral or written comments on the
   53         petition; specifying factors that may be considered in
   54         granting or denying petitions; providing procedures
   55         for the rehearing or revision of petitions; requiring
   56         implementation of a project under specified
   57         circumstances; requiring affected governments to sign
   58         an interlocal agreement with a local government
   59         receiving a petition under certain circumstances;
   60         creating s. 190.1052, F.S.; specifying requirements
   61         for the size of resilience districts; prohibiting
   62         certain configurations; requiring resilience districts
   63         to replace certain other special taxing districts
   64         under certain circumstances; requiring that certain
   65         funds be transferred to the resilience district;
   66         specifying that the resilience district includes
   67         certain consolidated property; creating s. 190.1054,
   68         F.S.; specifying acceptable uses of resilience
   69         districts; providing limitations on the use of
   70         resilience districts; requiring that certain
   71         modifications be approved through an amended petition;
   72         creating s. 190.1056, F.S.; authorizing the payment of
   73         certain fees for project management of resilience
   74         districts; specifying a certain fee to the property
   75         appraiser for certain administration; requiring that
   76         all fees be factored into the loan amount; creating s.
   77         190.106, F.S.; specifying the composition, length of
   78         terms, and procedure for filling vacancies of the
   79         board for resilience districts; requiring board
   80         members to follow applicable laws; prohibiting board
   81         members from receiving compensation; prohibiting board
   82         members from performing the work of the resilience
   83         district; requiring board members to be residents of
   84         this state and citizens of the United States; creating
   85         s. 190.108, F.S.; requiring each resilience district
   86         to publish an annual budget; requiring resilience
   87         districts to provide certain financial reports;
   88         authorizing the local government to review and submit
   89         comments regarding a district’s annual budget;
   90         creating s. 190.111, F.S.; specifying the powers of
   91         resilience districts and their boards of supervisors;
   92         creating s. 190.133, F.S.; requiring resilience
   93         districts to follow a specified procurement process;
   94         creating s. 190.136, F.S.; authorizing resilience
   95         districts to recover unpaid fees, rental charges, or
   96         penalties; creating s. 190.146, F.S.; specifying the
   97         circumstances in which resilience districts may be
   98         expanded or reduced; providing for automatic
   99         termination of resilience districts upon payment of
  100         debt; creating s. 190.148, F.S.; requiring a specified
  101         disclosure for sales of real property located in a
  102         resilience district; creating s. 190.149, F.S.;
  103         requiring resilience districts to record a specified
  104         notice of establishment within a specified timeframe;
  105         amending ss. 190.002, 190.003, 190.046, and 190.048,
  106         F.S.; conforming provisions to changes made by the
  107         act; making technical changes; providing a directive
  108         to the Division of Law Revision; providing an
  109         effective date.
  111  Be It Enacted by the Legislature of the State of Florida:
  113         Section 1. Section 190.101, Florida Statutes, is created to
  114  read:
  115         190.101 Short title.—Sections 190.101-190.149 may be cited
  116  as the “Resilience District Act of 2024.”
  117         Section 2. Section 190.102, Florida Statutes, is created to
  118  read:
  119         190.102Legislative findings.—The Legislature finds that:
  120         (1)There is a need for uniform, focused, and fair
  121  procedures in state law which provide financial mechanisms to
  122  help communities mitigate the risk from rising sea levels and
  123  increased flooding while improving the quality of life for their
  124  residents.
  125         (2)Local governments need support to address these
  126  challenges in a timely manner, including providing new,
  127  resident-focused solutions to solve infrastructure problems.
  128         (3)Even though more than half of this state’s
  129  municipalities have fewer than 6,000 residents, current
  130  financing mechanisms disproportionately benefit larger and more
  131  affluent communities.
  132         (4)Allowing current special districts to exist in
  133  perpetuity, even long after their functional responsibilities
  134  have ended and their initial debt financing is satisfied, is not
  135  in the state’s best interest.
  136         Section 3. Section 190.103, Florida Statutes, is created to
  137  read:
  138         190.103Definitions.—As used in ss. 190.101-190.149, the
  139  term:
  140         (1)“Board” or “board of supervisors” has the same meaning
  141  as in s. 190.003.
  142         (2)Bond” means any general obligation bond, assessment
  143  bond, refunding bond, revenue bond, and other such obligation in
  144  the nature of a bond as is provided for in this act.
  145         (3)“District” means a resilience district.
  146         (4)“District boundaries” means a continuous geographic
  147  area with a common interest.
  148         (5)“District manager” means the manager of a resilience
  149  district, who may include a staff member of the local
  150  government.
  151         (6)Infrastructure” means any fixed capital expenditure or
  152  fixed capital costs associated with the construction,
  153  reconstruction, or improvement of facilities that have a life
  154  expectancy of 5 or more years and any land acquisition, land
  155  improvement, design, and engineering costs related thereto.
  156         (7)“Landowner” means the owner of a freehold estate as it
  157  appears by the deed record, including a trustee, a private
  158  corporation, and an owner of a condominium unit. The term does
  159  not include a reversioner, remainderman, mortgagee, or any
  160  governmental entity that may not be counted and need not be
  161  notified of proceedings under this act. The term includes the
  162  owner of a ground lease from a governmental entity, which
  163  leasehold interest has a remaining term, excluding all renewal
  164  options, in excess of 50 years.
  165         (8)“Parcel” means any quantity of land capable of being
  166  described with such definiteness that its location and
  167  boundaries may be established, which is designated by its owner
  168  or developer as land to be used or developed as a unit, or which
  169  has been used or developed as a unit.
  170         (9)“Resilience district” means a citizen-initiated
  171  financing district created pursuant to this act and limited to
  172  the performance of those specialized functions authorized by
  173  this act which address infrastructure and resilience problems
  174  affecting the district’s geographic area, specifically for
  175  public infrastructure.
  176         (10)“Taxpayer” means any person or corporation paying
  177  property taxes for property owned within the resilience district
  178  boundary.
  179         (11)“Local general-purpose government” has the same
  180  meaning as in 190.003.
  181         Section 4. Section 190.104, Florida Statutes, is created to
  182  read:
  183         190.104 Sole authority.—This act constitutes the sole
  184  authorization for the establishment of resilience districts that
  185  have any of the specified functions and powers provided by this
  186  act.
  187         Section 5. Section 190.105, Florida Statutes, is created to
  188  read:
  189         190.105 Establishment of resilience districts.—The
  190  exclusive and uniform method for the establishment of a
  191  resilience district to address infrastructure is through a
  192  petition by the taxpayers who own real property within the
  193  district boundaries. A local government may not initiate the
  194  creation of the resilience district without such petition.
  195         (1)A petition for the establishment of a resilience
  196  district must be filed by the petitioner with the local
  197  government having jurisdiction, which must serve as the project
  198  manager for the proposed district unless the proposed district
  199  hires a private individual to provide this service. The petition
  200  must contain all of the following:
  201         (a)A metes and bounds description of the boundaries of the
  202  proposed district. Any real property within the boundaries of
  203  the proposed district which is to be excluded from the proposed
  204  district must be specifically described, and the last known
  205  address of all owners of such real property must be provided.
  206  The petition must also address the impact of the proposed
  207  district on any such real property within the external
  208  boundaries of the proposed district which is to be excluded from
  209  the proposed district.
  210         (b)Written consent to the establishment of the district by
  211  70 percent of the landowners whose real property is within the
  212  boundaries of the district or documentation demonstrating that
  213  the petitioner has control by deed, trust agreement, contract,
  214  or option of 100 percent of such real property. When such real
  215  property to be included in the district is owned by a
  216  governmental entity and is subject to a ground lease as
  217  described in s. 190.103(7), the governmental entity must provide
  218  its written consent. The petitioner must verify ownership of
  219  property with the county property appraiser.
  220         (c)The name of the proposed district.
  221         (d)Identification that the use of the proposed district is
  222  an acceptable use under s. 190.1054(1).
  223         (e)A written description of the need for the proposed
  224  district.
  225         (f)Designation of five persons who will be the initial
  226  members of the proposed district’s board of supervisors and
  227  serve in that office until replaced by members elected pursuant
  228  to s. 190.106.
  229         (g)Based upon available data, the budget of the proposed
  230  district and the timeline for expenditure of funds. These
  231  estimates must be submitted in good faith but are not binding,
  232  and may be revised as needed. The proposed budget must include
  233  the overall cost of the infrastructure project, the number of
  234  years of repayment, the cost per property, and any fees to be
  235  paid to a local general-purpose government in support of the
  236  development and operation of the district.
  237         (2)The petitioner shall submit the petition to the local
  238  government that will serve as the project manager, along with an
  239  application fee of $500, and shall provide a copy of the
  240  petition to each municipality or county having jurisdiction over
  241  all, or a portion of, the land within the boundaries of the
  242  proposed district. In cases where conflicts arise over the
  243  formation of a district, the petitioner may engage the local
  244  government in meetings before the petition is filed to attempt
  245  to find a resolution that is mutually agreeable to all parties.
  246         (3)Each county or municipality required under this section
  247  to receive a petition shall conduct a public hearing to consider
  248  the merits of the petition and whether it meets the requirements
  249  specified in subsection (4).
  250         (a)A public hearing conducted under this section must:
  251         1. Be held within 90 days after the date the petition is
  252  filed, unless an extension of time is requested by the
  253  petitioner and granted by the local general-purpose government,
  254  as applicable. The local general-purpose government holding the
  255  public hearing may express its support of or objection to the
  256  creation of the resilience district by resolution, in which any
  257  objection to the granting of the petition must be based upon the
  258  factors specified in subsection (4). Such resolution must be
  259  adopted by a supermajority of the governing body of the local
  260  general-purpose government.
  261         2.Be conducted in accordance with local ordinances
  262  regarding public hearings.
  263         3. Be held at an accessible location of the local
  264  government that receives the petition.
  265         (b) The petitioner shall publish a notice of the hearing
  266  for 4 successive weeks on a publicly accessible website as
  267  provided in s. 50.0311(2) and mail a notice to each landowner of
  268  real property within the boundaries of the proposed district at
  269  least 30 days before the hearing. Such notice must give the time
  270  and place of the hearing; a description of the area to be
  271  included in the district, including a map clearly showing the
  272  boundaries of the district and the real property located within
  273  those boundaries; and any other relevant information that the
  274  county or municipality, as applicable, requires. All affected
  275  units of the local general-purpose government and the general
  276  public must be given an opportunity to appear at the hearing and
  277  present oral or written comments on the petition.
  278         (4)The local general-purpose government with which the
  279  petition is filed may consider any of the following factors in
  280  granting or denying the petition for the establishment of a
  281  resilience district:
  282         (a)Whether all statements contained in the petition have
  283  been found to be true and correct.
  284         (b)Whether the proposed district boundaries are in
  285  compliance with s. 190.1052.
  286         (c)Whether the local general-purpose government has
  287  committed to funding the proposed infrastructure project and
  288  will implement the project within the next 5 years. The project
  289  must be clearly defined in a capital improvement plan.
  290         (d)Whether an independent licensed engineering
  291  professional, free of conflict, hired by the local general
  292  purpose government, has determined that the proposed project
  293  will not adequately address the problem. As used in this
  294  paragraph, the term “will not adequately address” means that the
  295  proposed project would not improve the situation in any
  296  meaningful way.
  297         (e)Whether the proposed district would primarily serve one
  298  parcel or owner or numerous parcels that have related owners
  299  through familial or business interests other than for the
  300  redevelopment of nonresilient housing as described in s.
  301  190.1054(1)(d).
  302         (f)Whether the infrastructure improvements are located
  303  outside the jurisdictional authority of any local government
  304  included as a cooperative partner in the project.
  305         (g)Whether the proposed improvements would have a
  306  significant negative impact on other property owners outside the
  307  proposed district and whether a remedy exists to mitigate such
  308  impact.
  309         (h)Whether the operation and maintenance of the proposed
  310  infrastructure would create an undue burden on the local
  311  general-purpose government.
  312         (i)Whether the establishment of the proposed district is
  313  inconsistent with any applicable element or portion of the local
  314  general-purpose government’s comprehensive plan.
  315         (5)If the local general-purpose government denies the
  316  petition under section (4)(c), and then fails to implement the
  317  infrastructure improvement or eliminates funding for it at any
  318  time within 5 years, the petition must be reheard within 45 days
  319  and may not be denied subsequently under that section. In this
  320  case, the local general-purpose government, if selected as the
  321  project manager, must not take a project management fee and is
  322  responsible for any increased costs from the petitioner’s
  323  previously submitted cost estimate.
  324         (6)If the local general-purpose government denies the
  325  petition under subsection (4)(b), it must work with the
  326  petitioner, if the petitioner so desires, to determine
  327  acceptable boundaries and the petitioner must revise the
  328  petition accordingly.
  329         (7)If the local general-purpose government inappropriately
  330  denies the petition under subsection (4) without working with
  331  the petitioner to attempt to modify the petition or to find an
  332  agreeable alternative, the local general-purpose government is
  333  responsible for implementing the project, or an appropriate
  334  alternative, at the local general-purpose government’s cost, and
  335  must commence the project within 180 days and without creating
  336  any unreasonable delays in the completion of the project.
  337         (8)If lands within the boundaries of the proposed district
  338  overlap the boundaries of more than one local general-purpose
  339  government, the affected local general-purpose governments must
  340  sign an interlocal agreement with the local government receiving
  341  the petition. The interlocal agreement must be in place within
  342  120 days after the approval of the district and before the
  343  proposed district commences work.
  344         Section 6. Section 190.1052, Florida Statutes, is created
  345  to read:
  346         190.1052 Resilience district boundaries.—
  347         (1)Resilience districts must be compact and the smallest
  348  size possible to solve the identified problem, yet sufficient in
  349  size to encompass the properties that will receive benefit from
  350  the proposed improvements.
  351         (2)A local general-purpose government cannot be more than
  352  5 percent of the land area of the district without the local
  353  general-purpose government having signed an agreement. The land
  354  area calculation may not include rights-of-way or other publicly
  355  accessible lands used for infrastructure.
  356         (3)A district may not:
  357         (a)Have one owner with more than 10 percent of the area of
  358  the district without the consent of that owner.
  359         (b)Include state or federal property without the consent
  360  of those governments, including submerged lands.
  361         (c)Include federal Indian country lands, as defined in 18
  362  U.S.C. s. 1151.
  363         (4)If a district is identical to, or shares more than 90
  364  percent of the geography of, any existing special taxing
  365  district that primarily serves a similar function, the existing
  366  special taxing district must be dissolved and reconstituted as a
  367  resilience district as defined in s. 190.103 and all existing
  368  funds serving the existing special taxing district must be
  369  transferred to the resilience district. This applies to
  370  resilience districts under this act that have the same boundary
  371  as existing resilience districts.
  372         (5)If a property within the district consolidates with an
  373  adjacent unit or property, the district includes the entirety of
  374  the consolidated property.
  375         Section 7. Section 190.1054, Florida Statutes, is created
  376  to read:
  377         190.1054 Uses of the resilience district.—
  378         (1)Acceptable uses of resilience districts include, but
  379  are not limited to, all of the following:
  380         (a)Projects that mitigate the risk of flooding and sea
  381  level rise as defined under s. 380.093, including the costs of
  382  design, permitting, and other preconstruction activities, as
  383  well as harmonization of the project with private property.
  384  Exclusions on the use of the funds provided under s. 380.093 do
  385  not apply to resilience districts.
  386         (b)Infrastructure that improves access to property during
  387  flood or storm events. This may include the cost of design,
  388  permitting, and other preconstruction activities, as well as
  389  harmonization of the infrastructure with private property.
  390         (c)Septic to sewer conversion. If infrastructure
  391  improvement outside of the district is necessary to provide
  392  sewer service, the entity providing such service may include the
  393  cost of the proportional benefit to the residents of the
  394  district, if such costs have been similarly charged to expand
  395  sewer service. This may include the cost of design, permitting,
  396  and other preconstruction activities, as well as harmonization
  397  of the sewer service with private property.
  398         (d)Redevelopment of nonresilient housing stock and related
  399  infrastructure improvements.
  400         1.Nonresilient housing stock includes, but is not limited
  401  to, mobile home parks, manufactured housing, or areas where 90
  402  percent or more of the properties have a first finished floor
  403  elevation below the designated base flood elevation.
  404         2.For redevelopments where the average income of the
  405  current residents is below the county’s median household income,
  406  a developer must provide:
  407         a.An affordable housing unit, as defined by the Florida
  408  Housing Finance Corporation, for every existing structure or
  409  unit;
  410         b.The first right of refusal to the residents of the
  411  proposed district for rental or purchase of new units developed;
  412  and
  413         c.For residents who desire to stay in the proposed
  414  district during redevelopment, a clear plan for the
  415  nondisplacement or temporary relocation of existing residents
  416  during construction. The cost of relocation and additional cost
  417  of any housing must be covered by the proposed district. For
  418  residents who desire to leave the proposed district during
  419  redevelopment, the developer must pay for relocation costs,
  420  including housing placement assistance and rental support for
  421  the difference in costs, based on average market rent for at
  422  least 12 months.
  423         (e)Service the debt of any existing special taxing
  424  district authorized under statute, in the event that district is
  425  dissolved.
  426         (2)A resilience district may not be created for the
  427  purpose of taking over public lands.
  428         (3)A resilience districts may not exist in perpetuity and
  429  must be created with a specific purpose. Resilience districts
  430  may not add additional projects beyond what was approved as part
  431  of the petition under s. 190.105, unless the projects are
  432  required to address a deficiency identified within 5 years after
  433  creation of the district which will compromise the intent and
  434  purpose of the approved projects. Any modifications require the
  435  approval of 70 percent or more of the unit owners within the
  436  district through an amended petition submitted under s. 190.105.
  437  The amended petition must be verified by the local property
  438  appraiser.
  439         Section 8. Section 190.1056, Florida Statutes, is created
  440  to read:
  441         190.1056 Management and service fees.—
  442         (1)If the local government is acting as the project
  443  manager for a resilience district, the district may pay up to a
  444  5 percent project management fee based on the total cost of
  445  design and construction. Half of the fee is to be paid to the
  446  local government acting as the project manager at the
  447  commencement of the project and the remainder at the completion
  448  of the project. If an outside firm is used to manage the
  449  project, the actual cost of project management may be charged if
  450  approved as part of the creation of the district but may not
  451  exceed 10 percent of the total cost of design and construction.
  452  The project manager must be a Florida-licensed professional
  453  engineer and be employed by a company that is authorized to do
  454  business in this state.
  455         (2)The local property appraiser must receive up to a 2
  456  percent administrative fee or actual cost of administration,
  457  whichever is less, based on the annual amount of collection for
  458  the district for any debt service.
  459         (3)All fees must be factored into any overall loan amount
  460  reflected in the budget as a part of the petition approval
  461  process.
  462         Section 9. Section 190.106, Florida Statutes, is created to
  463  read:
  464         190.106 Board of supervisors; members and meetings.—
  465         (1)For resilience districts:
  466         (a)The board shall be composed of a minimum of three and
  467  no more than seven members or of two members multiplied by the
  468  number of local governments that are parties to the district
  469  plus one member, whichever is greater.
  470         (b)The board shall include one elected official from all
  471  local governments who received a copy of the petition, but a
  472  majority of the board must be property owners from within the
  473  district.
  474         (c)Local government elected officials do not count as
  475  residents of the district, even if they own property within the
  476  district.
  477         (d)Each term will be for a length of no more than 5 years.
  478         (e)Vacancies on the board must be filled by the local
  479  general-purpose government that created the district and if the
  480  local government fails to fill a vacancy within 60 days, the
  481  board may appoint an interim member in a publicly noticed
  482  meeting in accordance with this chapter.
  483         (2)District board members shall follow all applicable
  484  local, state, and federal laws.
  485         (3)District board members may not be compensated for their
  486  service.
  487         (4)District board members are precluded from performing
  488  any of the work of the district.
  489         (5)The members of the district board must be residents of
  490  the state and citizens of the United States.
  491         Section 10. Section 190.108, Florida Statutes, is created
  492  to read:
  493         190.108 Budget; reports and reviews.—
  494         (1)Each resilience district shall publish an annual budget
  495  that must be provided to each resident and landowner or unit
  496  owner within the district.
  497         (2)The resilience district shall provide financial reports
  498  in such form and such manner as prescribed pursuant to this
  499  subsection and s. 190.009.
  500         (3)The local general-purpose government may review the
  501  proposed annual budget and any long-term financial plan or
  502  program and may submit written comments to the resilience
  503  district board for its assistance and information in adopting
  504  the annual budget and long-term financial plan or program.
  505         Section 11. Section 190.111, Florida Statutes, is created
  506  to read:
  507         190.111 General powers.—Each resilience district has, and
  508  its board of supervisors may exercise, the following powers:
  509         (1)To borrow money and issue bonds, certificates,
  510  warrants, notes, or other evidence of indebtedness as
  511  hereinafter provided; to levy such tax and special assessments
  512  as may be authorized; and to charge, collect, and enforce fees
  513  and other charges.
  514         (2)To contract for the services of consultants to perform
  515  planning, engineering, legal, or other appropriate services of a
  516  professional nature. Such contracts are subject to public
  517  bidding or competitive negotiation requirements as set forth in
  518  s. 190.133.
  519         (3)To cooperate with, or contract with, other governmental
  520  agencies as may be necessary, convenient, incidental, or proper
  521  in connection with any of the powers, duties, or purposes
  522  authorized by this act.
  523         (4)To exercise such special powers as may be authorized by
  524  this act.
  525         Section 12. Section 190.133, Florida Statutes, is created
  526  to read:
  527         190.133 Bids required.—A resilience district shall follow
  528  the applicable procurement processes of the local government
  529  that manages the district or shall follow the requirements of s.
  530  287.055. Project services may be procured under continuing
  531  service contracts with the approval of the district board of
  532  supervisors.
  533         Section 13. Section 190.136, Florida Statutes, is created
  534  to read:
  535         190.136 Recovery of delinquent charges.—In the event that
  536  any fees, rental charges, or delinquent penalties are not paid
  537  when due and are in default for 60 days or more, the unpaid
  538  balance thereof and all interest accrued thereon, together with
  539  reasonable attorney fees and costs, may be recovered by the
  540  resilience district in a civil action.
  541         Section 14. Section 190.146, Florida Statutes, is created
  542  to read:
  543         190.146 Reduction, expansion, termination of resilience
  544  districts.—
  545         (1)The boundaries of the resilience district may only be
  546  expanded or reduced as provided in s. 190.1052.
  547         (2)For a resilience district, upon completion of the
  548  project, the appropriate local general-purpose government must
  549  take over ownership of all infrastructure built by the district,
  550  and the district must only exist to service the debt incurred
  551  for the infrastructure project. The resilience district
  552  automatically terminates after all debt is paid.
  553         Section 15. Section 190.148, Florida Statutes, is created
  554  to read:
  555         190.148 Sale of real estate within a resilience district;
  556  required disclosure to purchaser.—Subsequent to the
  557  establishment of a resilience district under s. 190.105, each
  558  contract for the initial sale of a parcel of real property and
  559  each contract for the initial sale of a residential unit within
  560  the district must include, printed immediately above the space
  561  reserved in the contract for the signature of the purchaser, the
  562  following disclosure statement in boldface and conspicuous type
  563  that is larger than the type in the remaining text of the
  564  contract:
  566         THE RESILIENCE DISTRICT OF ...(Name of District)...
  575         Section 16. Section 190.149, Florida Statutes, is created
  576  to read:
  577         190.149 Notice of establishment.—Within 30 days after the
  578  establishment of a resilience district under this act, the
  579  resilience district must record in the property records in the
  580  county in which it is located a “Notice of Establishment of a
  581  Resilience District.” The notice must, at a minimum, include the
  582  legal description of the resilience district and a copy of the
  583  disclosure statement specified in s. 190.148.
  584         Section 17. Subsection (3) of section 190.002, Florida
  585  Statutes, is amended to read:
  586         190.002 Legislative findings, policies, and intent.—
  587         (3) It is the legislative intent and purpose, based upon,
  588  and consistent with, its findings of fact and declarations of
  589  policy, to authorize a uniform procedure by general law to
  590  establish an independent special district as an alternative
  591  method to manage and finance basic services for community
  592  development. It is further the legislative intent and purpose to
  593  provide by general law for the uniform operation, exercise of
  594  power, and procedure for termination of any such independent
  595  district. It is further the purpose and intent of the
  596  Legislature that a district created under s. 190.005 this
  597  chapter not have or exercise any zoning or development
  598  permitting power, that the establishment of the independent
  599  community development district as provided in this act not be a
  600  development order within the meaning of chapter 380, and that
  601  all applicable planning and permitting laws, rules, regulations,
  602  and policies control the development of the land to be serviced
  603  by the district. It is further the purpose and intent of the
  604  Legislature that no debt or obligation of a district constitute
  605  a burden on any local general-purpose government without its
  606  consent.
  607         Section 18. Section 190.003, Florida Statutes, is amended
  608  to read:
  609         190.003 Definitions.—As used in ss. 190.001-190.149 this
  610  chapter, the term:
  611         (1) “Ad valorem bonds” means bonds which are payable from
  612  the proceeds of ad valorem taxes levied on real and tangible
  613  personal property and which are generally referred to as general
  614  obligation bonds.
  615         (2) “Assessable improvements” means, without limitation,
  616  any and all public improvements and community facilities that
  617  the district is empowered to provide in accordance with this
  618  act.
  619         (3) “Assessment bonds” means special obligations of the
  620  district which are payable solely from proceeds of the special
  621  assessments levied for an assessable project.
  622         (4) “Board” or “board of supervisors” means the governing
  623  board of the district or, if such board has been abolished, the
  624  board, body, or commission succeeding to the principal functions
  625  thereof or to whom the powers given to the board by this act
  626  have been given by law.
  627         (5) “Bond” includes “certificate,” and the provisions which
  628  are applicable to bonds are equally applicable to certificates.
  629  The term “bond” includes any general obligation bond, assessment
  630  bond, refunding bond, revenue bond, and other such obligation in
  631  the nature of a bond as is provided for in this act, as the case
  632  may be.
  633         (6) “Community development district” means a local unit of
  634  special-purpose government which is created pursuant to this act
  635  and limited to the performance of those specialized functions
  636  authorized by this act; the governing head of which is a body
  637  created, organized, and constituted and authorized to function
  638  specifically as prescribed in this act for the purpose of the
  639  delivery of urban community development services; and the
  640  formation, powers, governing body, operation, duration,
  641  accountability, requirements for disclosure, and termination of
  642  which are as required by general law.
  643         (7) “Compact, urban, mixed-use district” means a district
  644  located within a municipality and within a community
  645  redevelopment area created pursuant to s. 163.356, that consists
  646  of a maximum of 75 acres, and has development entitlements of at
  647  least 400,000 square feet of retail development and 500
  648  residential units.
  649         (8) “Cost,” when used with reference to any project,
  650  includes, but is not limited to:
  651         (a) The expenses of determining the feasibility or
  652  practicability of acquisition, construction, or reconstruction.
  653         (b) The cost of surveys, estimates, plans, and
  654  specifications.
  655         (c) The cost of improvements.
  656         (d) Engineering, fiscal, and legal expenses and charges.
  657         (e) The cost of all labor, materials, machinery, and
  658  equipment.
  659         (f) The cost of all lands, properties, rights, easements,
  660  and franchises acquired.
  661         (g) Financing charges.
  662         (h) The creation of initial reserve and debt service funds.
  663         (i) Working capital.
  664         (j) Interest charges incurred or estimated to be incurred
  665  on money borrowed before prior to and during construction and
  666  acquisition and for such reasonable period of time after
  667  completion of construction or acquisition as the board may
  668  determine.
  669         (k) The cost of issuance of bonds pursuant to this act,
  670  including advertisements and printing.
  671         (l) The cost of any election held pursuant to this act and
  672  all other expenses of issuance of bonds.
  673         (m) The discount, if any, on the sale or exchange of bonds.
  674         (n) Administrative expenses.
  675         (o) Such other expenses as may be necessary or incidental
  676  to the acquisition, construction, or reconstruction of any
  677  project or to the financing thereof, or to the development of
  678  any lands within the district.
  679         (p) Payments, contributions, dedications, fair share or
  680  concurrency obligations, and any other exactions required as a
  681  condition to receive any government approval or permit necessary
  682  to accomplish any district purpose.
  683         (9) “District” means the community development district.
  684         (10) “District manager” means the manager of the district.
  685         (11) “District roads” means highways, streets, roads,
  686  alleys, sidewalks, landscaping, storm drains, bridges, and
  687  thoroughfares of all kinds and descriptions.
  688         (12) “Elector” means a landowner or qualified elector.
  689         (13) “General obligation bonds” means bonds which are
  690  secured by, or provide for their payment by, the pledge, in
  691  addition to those special taxes levied for their discharge and
  692  such other sources as may be provided for their payment or
  693  pledged as security under the resolution authorizing their
  694  issuance, of the full faith and credit and taxing power of the
  695  district and for payment of which recourse may be had against
  696  the general fund of the district.
  697         (14) “Landowner” means the owner of a freehold estate as
  698  appears by the deed record, including a trustee, a private
  699  corporation, and an owner of a condominium unit; it does not
  700  include a reversioner, remainderman, mortgagee, or any
  701  governmental entity, which may who shall not be counted and need
  702  not be notified of proceedings under this act. Landowner shall
  703  also means mean the owner of a ground lease from a governmental
  704  entity, which leasehold interest has a remaining term, excluding
  705  all renewal options, in excess of 50 years.
  706         (15) “Local general-purpose government” means a county,
  707  municipality, or consolidated city-county government.
  708         (16) “Project” means any development, improvement,
  709  property, utility, facility, works, enterprise, or service now
  710  existing or hereafter undertaken or established under the
  711  provisions of this act.
  712         (17) “Qualified elector” means any person at least 18 years
  713  of age who is a citizen of the United States, a legal resident
  714  of Florida and of the district, and who registers to vote with
  715  the supervisor of elections in the county in which the district
  716  land is located.
  717         (18) “Refunding bonds” means bonds issued to refinance
  718  outstanding bonds of any type and the interest and redemption
  719  premium thereon. Refunding bonds are shall be issuable and
  720  payable in the same manner as the refinanced bonds, except that
  721  no approval by the electorate shall be required unless required
  722  by the State Constitution.
  723         (19) “Revenue bonds” means obligations of the district
  724  which are payable from revenues derived from sources other than
  725  ad valorem taxes on real or tangible personal property and which
  726  do not pledge the property, credit, or general tax revenue of
  727  the district.
  728         (20) “Sewer system” means any plant, system, facility, or
  729  property, and additions, extensions, and improvements thereto at
  730  any future time constructed or acquired as part thereof, useful
  731  or necessary or having the present capacity for future use in
  732  connection with the collection, treatment, purification, or
  733  disposal of sewage, including, without limitation, industrial
  734  wastes resulting from any process of industry, manufacture,
  735  trade, or business or from the development of any natural
  736  resource. Without limiting the generality of the foregoing, the
  737  term “sewer system” includes treatment plants, pumping stations,
  738  lift stations, valves, force mains, intercepting sewers,
  739  laterals, pressure lines, mains, and all necessary appurtenances
  740  and equipment; all sewer mains, laterals, and other devices for
  741  the reception and collection of sewage from premises connected
  742  therewith; and all real and personal property and any interest
  743  therein, rights, easements, and franchises of any nature
  744  relating to any such system and necessary or convenient for
  745  operation thereof.
  746         (21) “Water management and control facilities” means any
  747  lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
  748  floodways, curbs, gutters, pumping stations, or any other works,
  749  structures, or facilities for the conservation, control,
  750  development, utilization, and disposal of water, and any
  751  purposes appurtenant, necessary, or incidental thereto. The term
  752  “water management and control facilities” includes all real and
  753  personal property and any interest therein, rights, easements,
  754  and franchises of any nature relating to any such water
  755  management and control facilities or necessary or convenient for
  756  the acquisition, construction, reconstruction, operation, or
  757  maintenance thereof.
  758         (22) “Water system” means any plant, system, facility, or
  759  property and additions, extensions, and improvements thereto at
  760  any future time constructed or acquired as part thereof, useful
  761  or necessary or having the present capacity for future use in
  762  connection with the development of sources, treatment, or
  763  purification and distribution of water. Without limiting the
  764  generality of the foregoing, the term “water system” includes
  765  dams, reservoirs, storage, tanks, mains, lines, valves,
  766  hydrants, pumping stations, chilled water distribution systems,
  767  laterals, and pipes for the purpose of carrying water to the
  768  premises connected with such system, and all rights, easements,
  769  and franchises of any nature relating to any such system and
  770  necessary or convenient for the operation thereof.
  771         Section 19. Paragraph (a) of subsection (4) of section
  772  190.046, Florida Statutes, is amended to read:
  773         190.046 Termination, contraction, or expansion of
  774  district.—
  775         (4)(a) To achieve economies of scale, reduce costs to
  776  affected district residents and businesses in areas with
  777  multiple existing districts, and encourage the merger of
  778  multiple districts, up to five districts that were established
  779  by the same local general-purpose government and whose board
  780  memberships are composed entirely of qualified electors may
  781  merge into one surviving district through adoption of an
  782  ordinance by the local general-purpose government,
  783  notwithstanding the acreage limitations otherwise set forth for
  784  the establishment of a district in s. 190.005 this chapter. The
  785  filing of a petition by the majority of the members of each
  786  district board of supervisors seeking to merge constitutes
  787  consent of the landowners within each applicable district.
  788         Section 20. Section 190.048, Florida Statutes, is amended
  789  to read:
  790         190.048 Sale of real estate within a district; required
  791  disclosure to purchaser.—Subsequent to the establishment of a
  792  district under s. 190.005 this chapter, each contract for the
  793  initial sale of a parcel of real property and each contract for
  794  the initial sale of a residential unit within the district shall
  795  include, immediately prior to the space reserved in the contract
  796  for the signature of the purchaser, the following disclosure
  797  statement in boldfaced and conspicuous type which is larger than
  798  the type in the remaining text of the contract:
  800         “THE ...(Name of District)... COMMUNITY DEVELOPMENT
  811         Section 21. The Division of Law Revision is directed to
  812  change the title of chapter 190, Florida Statutes, from
  813  Community Development Districts to Community Development and
  814  Resilience Districts.”
  815         Section 22. This act shall take effect July 1, 2024.