Florida Senate - 2025 SB 1316
By Senator Grall
29-01145-25 20251316__
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 the act constitutes the
7 sole authority for resilience districts; creating s.
8 190.105, F.S.; authorizing the establishment of
9 infrastructure resilience districts through a petition
10 by certain persons; specifying the requirements for
11 the petition; requiring the petitioner to submit
12 copies of the petition to specified counties and
13 municipalities and pay a certain fee; authorizing
14 petitioners to engage in certain meetings before the
15 filing of the petition; requiring certain counties and
16 municipalities to conduct public hearings; specifying
17 a timeframe for conducting such hearings; authorizing
18 counties or municipalities to express support of or
19 objection to the resilience district by resolution in
20 a certain manner; requiring that the public hearing on
21 a petition be conducted in a certain manner; requiring
22 the petitioner to publish certain notice of the
23 hearing; authorizing the local government to consider
24 specified factors in granting or denying a petition
25 for an infrastructure resilience district; specifying
26 certain requirements if the petition is denied on a
27 specified basis; requiring that an interlocal
28 agreement be signed in certain circumstances;
29 authorizing the establishment of condominium
30 resilience districts through a petition by certain
31 persons; requiring counties to develop a process to
32 receive such petitions by a certain date; specifying
33 the requirements of the petition; requiring the
34 petitioner to submit a petition to a specified county
35 and to pay certain fees; requiring the county to
36 provide certain notifications; requiring the county to
37 conduct a public hearing under certain circumstances;
38 specifying a timeframe and requirements for such
39 hearing; authorizing counties to express support of or
40 objection to the resilience district by resolution in
41 a certain manner; requiring that the hearing be
42 conducted in a certain manner; requiring the
43 petitioner to publish certain notice of the hearing;
44 specifying factors the county is required to consider
45 in granting or denying a petition for a condominium
46 resilience district; creating s. 190.1052, F.S.;
47 specifying requirements for resilience districts and
48 condominium resilience districts; requiring a
49 resilience district to have the agreement of the local
50 general-purpose government in certain circumstances;
51 prohibiting certain district configurations; requiring
52 the dissolution of other special taxing districts and
53 the transfer of certain funds in certain
54 circumstances; specifying that the resilience district
55 includes certain consolidated property in certain
56 circumstances; creating s. 190.1054, F.S.; specifying
57 acceptable uses of infrastructure resilience districts
58 and condominium resilience districts; prohibiting
59 certain condominiums from using resilience districts;
60 providing limitations on the use of resilience
61 districts; requiring that additional projects be
62 approved through an amended petition; creating s.
63 190.1056, F.S.; authorizing the payment of certain
64 fees for project management of infrastructure
65 resilience districts; requiring the provision of a
66 certain fee to the property appraiser for certain
67 administration; requiring that all fees be factored
68 into the loan amount; creating s. 190.106, F.S.;
69 specifying the composition, length of terms, and
70 procedure for filling vacancies of the board of
71 supervisors of an infrastructure resilience district;
72 specifying the powers, composition, procedure for
73 filling vacancies, and elections of the board of
74 supervisors of a condominium resilience district;
75 prohibiting board members from receiving compensation
76 and performing the work of the district; requiring
77 board members to be residents of this state and
78 citizens of the United States; creating s. 190.108,
79 F.S.; requiring each resilience district to publish
80 and provide to certain persons an annual budget;
81 requiring the district to provide certain financial
82 reports; authorizing the local government to review
83 and submit comments regarding a district’s annual
84 budget; creating s. 190.111, F.S.; providing the
85 powers of a resilience district; creating s. 190.133,
86 F.S.; requiring resilience districts to follow
87 specified procurement processes; creating s. 190.136,
88 F.S.; authorizing a resilience district to recover
89 unpaid fees, rental charges, or penalties; creating s.
90 190.146, F.S.; specifying the circumstances in which
91 the district can be expanded or reduced; providing for
92 the termination of an infrastructure resilience
93 district or a condominium resilience district in
94 certain circumstances; creating s. 190.148, F.S.;
95 requiring a specified disclosure for sales of real
96 property located in a resilience district; creating s.
97 190.149, F.S.; requiring the district to record a
98 specified notice of establishment of a resilience
99 district within a specified timeframe; amending ss.
100 190.002, 190.003, 190.046, and 190.048, F.S.;
101 conforming provisions to changes made by the act;
102 providing a directive to the Division of Law Revision;
103 providing an effective date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. Section 190.101, Florida Statutes, is created to
108 read:
109 190.101 Short title.—Sections 190.101-190.149 may be cited
110 as the “Resilience District Act of 2025.”
111 Section 2. Section 190.102, Florida Statutes, is created to
112 read:
113 190.102 Legislative findings.—The Legislature finds that:
114 (1) There is a need for uniform, focused, and fair
115 procedures in state law to provide financial mechanisms to help
116 communities mitigate the risk from rising sea levels and
117 increased flooding while improving the quality of life for their
118 residents.
119 (2) Local governments need support to address these
120 challenges in a timely manner, including providing new,
121 resident-focused solutions to solve infrastructure problems.
122 (3) Even though more than half of this state’s
123 municipalities have fewer than 6,000 residents, current
124 financing mechanisms disproportionately benefit larger and more
125 affluent communities.
126 (4) There is a need to provide condominiums with long-term
127 financing mechanisms to solve their large infrastructure
128 problems and to comply with statutory mandates requiring
129 condominium associations to maintain fully funded reserves.
130 (5) Allowing current special districts to exist in
131 perpetuity, long after their functional responsibilities and
132 initial debt financing are over, is not in the state’s best
133 interest.
134 Section 3. Section 190.103, Florida Statutes, is created to
135 read:
136 190.103 Definitions.—As used in ss. 190.101-190.149, the
137 term:
138 (1) “Board” or “board of supervisors” has the same meaning
139 as in s. 190.003.
140 (2) “Bond” means any general obligation bond, assessment
141 bond, refunding bond, revenue bond, and other such obligation in
142 the nature of a bond as is provided for in this act.
143 (3) “District” means a resilience district.
144 (4) “District boundaries” means a continuous geographic
145 area with common interest.
146 (5) “Infrastructure” means any fixed capital expenditure or
147 fixed capital costs associated with the construction,
148 reconstruction, or improvement of facilities that have a life
149 expectancy of 5 or more years and any land acquisition, land
150 improvement, design, and engineering costs related thereto.
151 (6) “Landowner” means the owner of a freehold estate as it
152 appears by the deed record, including a trustee, a private
153 corporation, and an owner of a condominium unit. The term does
154 not include a reversioner, remainderman, mortgagee, or any
155 governmental entity that may not be counted and need not be
156 notified of proceedings under this act. The term includes the
157 owner of a ground lease from a governmental entity, which
158 leasehold interest has a remaining term, excluding all renewal
159 options, in excess of 50 years.
160 (7) “Parcel” means any quantity of land capable of being
161 described with such definiteness that its location and
162 boundaries may be established, which is designated by its owner
163 or developer as land to be used or developed as a unit, or which
164 has been used or developed as a unit.
165 (8) “Resilience district” means a citizen-initiated
166 financing district created pursuant to this act and limited to
167 the performance of those specialized functions authorized by
168 this act which solve infrastructure and resilience problems
169 affecting the district’s geographic area, specifically for
170 public infrastructure or condominiums.
171 (9) “Taxpayer” means any person or corporation paying
172 property taxes for property owned within the district boundary.
173 Section 4. Section 190.104, Florida Statutes, is created to
174 read:
175 190.104 Sole authority.—This act constitutes the sole
176 authorization for the future establishment of resilience
177 districts that have any of the specialized functions and powers
178 provided by this act.
179 Section 5. Section 190.105, Florida Statutes, is created to
180 read:
181 190.105 Establishment of district.—
182 (1) The exclusive and uniform method for the establishment
183 of an infrastructure resilience district to address
184 infrastructure problems is through a petition from the taxpayers
185 who own real property within the district boundaries. A local
186 government may not initiate the creation of the infrastructure
187 resilience district without such petition.
188 (a) A petition for the establishment of an infrastructure
189 resilience district must be filed by the petitioner with the
190 desired local government, which will serve as the project
191 manager for the district, unless the district hires a private
192 individual to provide this service. The petition must contain
193 all of the following:
194 1. A metes and bounds description of the boundaries of the
195 district. Any real property within the boundaries of the
196 district which is to be excluded from the district must be
197 specifically described, and the last known address of all owners
198 of such real property must be listed. The petition must also
199 address the impact of the proposed district on any real property
200 within the external boundaries of the district which is to be
201 excluded from the district.
202 2. The written consent to the establishment of the district
203 by 70 percent of the landowners whose real property is to be
204 included in the district or documentation demonstrating that the
205 petitioner has control by deed, trust agreement, contract, or
206 option of 100 percent of the real property to be included in the
207 district. When real property to be included in the district is
208 owned by a governmental entity and subject to a ground lease as
209 described in s. 190.103(6), the governmental entity must provide
210 its written consent. The petitioner must verify ownership of
211 property with the county property appraiser.
212 3. The proposed name of the district.
213 4. Identification of the proposed district as an acceptable
214 use of the district pursuant to s. 190.1054(1).
215 5. A written description of the necessity for the district.
216 6. Designation of five persons to be the initial members of
217 the district’s board of supervisors, who will serve in that
218 office until replaced by members as provided in s. 190.106.
219 7. Based upon available data, the proposed budget of the
220 district and the timeline for expenditure of the funds. The
221 proposed budget and expenditure timeline must be submitted in
222 good faith but are not binding and may be revised as needed. The
223 proposed budget must include the overall cost of the
224 infrastructure project, years of repayment, probable cost per
225 property, and any fees being paid to a local general-purpose
226 government in support of the development and operation of the
227 district.
228 (b) The petitioner must submit a copy of the petition to
229 the local government that will serve as the project manager,
230 along with an application fee of $500, and to each municipality
231 or county with boundaries that are contiguous with, or contain
232 all or a portion of, the land within the boundaries of the
233 proposed resilience district. In cases where conflicts arise
234 over the formation of a resilience district, the petitioner may
235 engage the local government in meetings before the petition is
236 filed in order to find a resolution that is mutually agreeable
237 to all parties.
238 (c) Each county and municipality required under this
239 section to receive a petition must conduct a public hearing to
240 consider the merits of the petition and the factors specified in
241 paragraph (d).
242 1. The public hearing must be conducted within 90 days
243 after the date the petition is filed, unless an extension of
244 time is requested by the petitioner and granted by the county or
245 municipality. The county or municipality holding the public
246 hearing may express its support of or objection to the creation
247 of the district by resolution. The resolution must base any
248 objection to the granting of the petition upon the factors
249 specified in paragraph (d) and be adopted by a supermajority
250 vote of the governing body of the county or municipality.
251 2. The public hearing on the petition must be conducted in
252 accordance with local regulations regarding public hearings. The
253 hearing must be held at an accessible location of the local
254 government that receives the petition for the resilience
255 district. The petitioner must publish a notice of the hearing
256 for 4 successive weeks on a publicly accessible website as
257 provided in s. 50.0311 and mail a notice to every landowner
258 within the proposed boundaries of the district at least 30 days
259 before the hearing. Such notice must provide the time and place
260 for the hearing, a description of the area to be included in the
261 district, a map clearly showing such area, and any other
262 relevant information the county or municipality requires. All
263 affected units of the local general-purpose government and the
264 general public must be given an opportunity to appear at the
265 hearing and present oral or written comments on the petition.
266 (d) The local general-purpose government where the petition
267 is filed may consider any of the following factors in granting
268 or denying the petition for the establishment of an
269 infrastructure resilience district:
270 1. Whether all statements contained in the petition have
271 been found to be true and correct.
272 2. Whether the proposed district boundaries are in
273 compliance with s. 190.1052.
274 3. Whether the local general-purpose government has
275 committed to funding the infrastructure project proposed by the
276 district and to implementing the project within the next 5
277 years. The project must be clearly defined in a capital
278 improvement plan.
279 4. Whether an independent licensed engineering
280 professional, free of conflict and hired by the local general
281 purpose government, has determined that the proposed plan will
282 not improve the identified problem in a meaningful way.
283 5. Whether the district would primarily serve one parcel or
284 owner or numerous parcels that have related owners through
285 familial or business interests other than for the redevelopment
286 of nonresilient housing as described in s. 190.1054(1)(d).
287 6. Whether the infrastructure improvements being proposed
288 are outside the jurisdictional authority of any local government
289 included as a cooperative partner in the project.
290 7. Whether the proposed improvements would have a
291 significant negative impact on other property owners outside the
292 proposed district and whether a remedy exists to mitigate such
293 impact.
294 8. Whether the operation and maintenance of the proposed
295 infrastructure would create an undue burden on the local
296 general-purpose government.
297 9. Whether the establishment of the district is
298 inconsistent with any applicable element or portion of the local
299 general-purpose government’s comprehensive plan.
300 (e) If the local general-purpose government denies the
301 petition because the proposed district boundaries are not in
302 compliance with s. 190.1052, the local general-purpose
303 government must, upon the petitioner’s request, work with the
304 petitioner to determine an acceptable boundary for the formation
305 of the district and allow the petitioner to revise the petition
306 accordingly.
307 (f) If the local general-purpose government denies the
308 petition based upon consideration of the factor provided in
309 subparagraph (d)3. and then fails to implement the
310 infrastructure improvement or eliminates funding for it at any
311 time within 5 years, the local general purpose-government must
312 rehear the petition within 45 days and may not deny the petition
313 based upon consideration of that factor. In this case, the local
314 general-purpose government, if selected as the project manager,
315 may not receive a project management fee and is responsible for
316 the amount of any increased costs above the petitioner’s
317 previously submitted cost estimate for the infrastructure
318 project.
319 (g) If the local general-purpose government denies the
320 petition based upon consideration of any factor provided in
321 paragraph (d) without working with the petitioner to attempt to
322 modify the petition or to find an agreeable alternative, the
323 local general-purpose government must commence the
324 infrastructure project, or an appropriate alternative, at the
325 local general-purpose government’s cost within 180 days and may
326 not create an unreasonable delay in the completion of the
327 project.
328 (h) If lands within the proposed district overlap the
329 boundaries of more than one local general-purpose government,
330 the affected local general-purpose governments must enter into
331 an interlocal agreement with the local government receiving the
332 petition. The interlocal agreement must be in place within 120
333 days after the approval of the district and before the
334 commencement of any work of the resilience district.
335 (2) The exclusive and uniform method for the establishment
336 of a condominium resilience district for a condominium
337 association is through a petition from residents and taxpayers
338 who are unit owners of the condominiums located within the
339 district boundaries. All counties must develop a process to
340 receive such petitions by December 15, 2025. A local government
341 may not initiate the creation of a condominium resilience
342 district without such petition.
343 (a) A petition for the establishment of a condominium
344 resilience district must be filed by the petitioner with the
345 county in which a majority of the condominium units are located.
346 The petition must contain:
347 1. A metes and bounds description of the boundaries of the
348 district. Any real property within the boundaries of the
349 district which is to be excluded from the district must be
350 specifically described, and the last known address of all owners
351 of such real property must be listed. The petition must also
352 address the impact of the proposed district on any real property
353 within the external boundaries of the district which is to be
354 excluded from the district.
355 2. The written consent to the establishment of the district
356 by 70 percent of the unit owners to be included in the district
357 or documentation demonstrating that the petitioner has control
358 by deed, trust agreement, contract, or option of 100 percent of
359 the real property to be included in the district. When real
360 property to be included in the district is owned by a
361 governmental entity and subject to a ground lease as described
362 in s. 190.103(6), the governmental entity must provide its
363 written consent. The petitioner must verify ownership of
364 property with the county property appraiser.
365 3. The proposed name of the district.
366 4. A written description of the necessity for the district.
367 5. Designation of the existing board of the condominium to
368 be the district’s board of supervisors, who will serve until
369 replaced by elected members as provided in s. 190.106.
370 6. Based upon available data, the proposed budget of the
371 district and the timeline for expenditure of the funds. The
372 proposed budget and expenditure timeline must be submitted in
373 good faith but are not binding and may be revised as needed. The
374 proposed budget must include the overall cost of the
375 infrastructure project, years of repayment, probable cost per
376 property, and any fees being paid to a local general-purpose
377 government in support of the development and operation of the
378 district.
379 7. Proof of notification to all unit owners of the plan to
380 create a district and the condominium association meeting
381 minutes in which the creation of the district was approved by
382 the board of the condominium association.
383 8. A letter of recommendation for each condominium, signed
384 by the president or chair of the association board.
385 (b) The petitioner must submit a copy of the petition to
386 the county in which a majority of the condominium units are
387 located, along with an application fee of $200 plus $2 per unit
388 within the district to cover the cost of notification.
389 (c) The county must notify all affected residents by mail
390 of the petition to create the resilience district and notify
391 them of their rights under paragraph (d).
392 (d) The county must conduct a public hearing to consider
393 the merits of the petition and the factors specified in
394 paragraph (e) if at least 10 percent of the unit owners impacted
395 request such a hearing in writing within 45 days after the
396 county receives the initial petition.
397 1. The public hearing must be conducted within 90 days
398 after receipt of such hearing request, unless an extension of
399 time is requested by the petitioner and granted by the county.
400 The county may express its support of or objection to the
401 creation of the district by resolution. The resolution must base
402 any objection to the granting of the petition upon the factors
403 specified in paragraph (e) and be adopted by a supermajority
404 vote of the governing body of the county.
405 2. A public hearing on the petition must be conducted in
406 accordance with local regulations regarding public hearings. The
407 hearing must be held at an accessible location in the county.
408 The petitioner must publish a notice of the hearing for 4
409 successive weeks on a publicly accessible website as provided in
410 s. 50.0311 and provide a mailed notice to every unit owner
411 within the proposed boundaries of the district at least 30 days
412 before the hearing. Such notice must provide the time and place
413 for the hearing, a description of the area to be included in the
414 district, a map clearly showing such area, and any other
415 relevant information the county requires. All affected unit
416 owners and the general public must be given an opportunity to
417 appear at the hearing and present oral or written comments on
418 the petition.
419 (e) The county must consider the following factors in
420 deciding whether to grant or deny a petition for the
421 establishment of a condominium resilience district:
422 1. Whether all statements contained in the petition have
423 been found to be true and correct.
424 2. Whether the proposed district boundaries are in
425 compliance with s. 190.1052.
426 3. Whether the district would primarily serve one owner or
427 numerous parcels that have related owners through familial or
428 business interests.
429 4. Whether the district would create an undue burden on
430 affected residents because other alternatives exist to fund and
431 develop proposed infrastructure improvements at a lower cost.
432 Section 6. Section 190.1052, Florida Statutes, is created
433 to read:
434 190.1052 District boundaries.—
435 (1) A resilience district must be compact and the smallest
436 size necessary to solve the identified problem, yet sufficient
437 in size to encompass the properties that will benefit from the
438 proposed infrastructure improvements.
439 (2) A condominium resilience district must include an
440 entire building or group of related buildings that are adjacent
441 and share common areas such as a pool, a clubhouse, or other
442 common facilities.
443 (3) A resilience district must have the agreement of the
444 local general-purpose government if more than 5 percent of the
445 land area of the district is within the boundaries of the local
446 general-purpose government. The land area calculation may not
447 include rights-of-way or other publicly accessible lands used
448 for infrastructure.
449 (4) A resilience district may not:
450 (a) Have one owner with more than 10 percent of the area of
451 the district without the consent of that owner.
452 (b) Include state or federal property, including submerged
453 lands, without the consent of the state or Federal Government,
454 as applicable.
455 (c) Include federal Indian reservation lands.
456 (5) If a resilience district is identical to, or shares
457 more than 90 percent of the geography of, any existing special
458 taxing district that primarily serves a similar function, the
459 existing district must be dissolved and reconstituted as a
460 resilience district as defined under this act, and all existing
461 funds serving the existing district must be transferred to the
462 resilience district. This subsection applies to resilience
463 districts under this act which have the same boundary as
464 existing resilience districts.
465 (6) If a property within the district consolidates with an
466 adjacent unit or property, the district includes the entirety of
467 the consolidated property.
468 Section 7. Section 190.1054, Florida Statutes, is created
469 to read:
470 190.1054 Uses of the district.—
471 (1) Acceptable uses of infrastructure resilience districts
472 include, but are not limited to, all of the following:
473 (a) Projects that mitigate the risk of flooding and sea
474 level rise as described in s. 380.093, including the costs of
475 design, permitting, and other preconstruction activities, as
476 well as harmonization of the project with private property.
477 Exclusions on the use of the funds provided under s. 380.093 do
478 not apply to resilience districts.
479 (b) Infrastructure that improves access to property during
480 flood or storm events. This may include the cost of design,
481 permitting, and other preconstruction activities, as well as
482 harmonization of the infrastructure with private property.
483 (c) Septic to sewer conversion. If infrastructure
484 improvement outside of the district is necessary to provide
485 sewer service, the entity providing such service may include the
486 cost of the proportional benefit to the residents of the
487 district, if such costs have been similarly charged to expand
488 sewer service. This may include the cost of design, permitting,
489 and other preconstruction activities, as well as harmonization
490 of the sewer service with private property.
491 (d) Redevelopment of nonresilient housing stock and related
492 infrastructure improvements.
493 1. Nonresilient housing stock includes, but is not limited
494 to, mobile home parks, manufactured housing, and areas where 90
495 percent or greater of the properties have a first finished floor
496 elevation below the designated base flood elevation.
497 2. For redevelopments where the average income of the
498 current residents is below the county’s median household income,
499 a developer must provide all of the following:
500 a. An affordable housing unit, as defined by the Florida
501 Housing Finance Corporation, for every existing structure or
502 unit.
503 b. The first right of refusal to the residents of the
504 district for rental or purchase of new units developed.
505 c. For residents who desire to stay in the district during
506 redevelopment, a clear plan for the nondisplacement or temporary
507 relocation of existing residents during construction. The cost
508 of relocation and additional cost of any housing must be covered
509 by the district. For residents who desire to leave the district
510 during redevelopment, the developer must pay for relocation
511 costs, including housing placement assistance and rental support
512 for the difference in costs, based on average market rent for at
513 least 12 months.
514 (e) Servicing the debt of any existing special taxing
515 district authorized under statute, if that district is
516 dissolved.
517 (2) An infrastructure resilience district may not be
518 created with the purpose of taking over public lands.
519 (3) Acceptable uses of a condominium resilience district
520 include, but are not limited to, all of the following:
521 (a) Fully funding the condominium’s reserves.
522 1. To create a district for this purpose, the board of the
523 condominium association must provide the current approved budget
524 and a written plan on how to continue to fund the reserves
525 beyond any initial loan as part of the creation of the district.
526 2. Any funds borrowed under this section must be held in an
527 escrow account limited to use for the designed repairs required
528 as part of the reserve or unexpected repairs costing more than
529 $10,000.
530 (b) Making structural or other improvements that would
531 otherwise require assessing the unit owners more than one
532 quarter of the sum of the total assessment collected by the
533 association annually based on the previous 3 years of
534 collections.
535 (c) Executing mandates of the Florida Building Code,
536 Florida Fire Prevention Code, or local building codes.
537 (4) A condominium resilience district may not be used by a
538 condominium association when more than 40 percent of the units
539 are owned by a single owner or group of related owners or if the
540 association is in formal negotiations to sell all units and
541 dissolve the association. All debt service must be paid off and
542 the district dissolved before the transfer of ownership of any
543 condominium to a single owner or group of related owners.
544 (5) Resilience districts may not exist in perpetuity and
545 must be created with a specific purpose allowed under this
546 section. Districts may not add additional projects beyond those
547 approved as part of the petition under s. 190.105 unless the
548 additional projects are identified, within 5 years after the
549 creation of the district, as required supplements to the initial
550 project which fix a deficiency expected to compromise the intent
551 and purpose of the initial project. Additional projects require
552 the approval of 70 percent of the unit owners within the
553 district through an amended petition under s. 190.105. The
554 amended petition must be verified by the local property
555 appraiser.
556 Section 8. Section 190.1056, Florida Statutes, is created
557 to read:
558 190.1056 Management and service fees.—
559 (1) If the local government is acting as the project
560 manager for an infrastructure resilience district, the district
561 may pay up to a 5 percent project management fee based on the
562 total cost of design and construction. Half of the fee must be
563 paid to the local government acting as the project manager at
564 the commencement of the project and the remainder at the
565 completion of the project. If an outside firm manages the
566 project, the actual cost of project management may be charged if
567 approved as part of the creation of the district but may not
568 exceed 10 percent of the total cost of design and construction.
569 The project manager must be a professional engineer licensed in
570 this state and employed by a company that is authorized to do
571 business in this state.
572 (2) The local property appraiser must receive up to a 2
573 percent administrative fee or the actual cost of administration,
574 whichever is less, based on the annual amount of collection for
575 the district for any debt service.
576 (3) All fees must be factored into any overall loan amount
577 reflected in the budget as a part of the petition approval
578 process.
579 Section 9. Section 190.106, Florida Statutes, is created to
580 read:
581 190.106 Board of supervisors; members and meetings.—
582 (1) For infrastructure resilience districts:
583 (a) The district board of supervisors shall be composed of
584 a minimum of three and no more than seven members, or two
585 members for each local government that is a party to the
586 district plus one member, whichever is greater.
587 (b) Members of the board shall be appointed by the
588 governing body of the local general-purpose government. The
589 board shall include one elected official from each local
590 government that received a copy of the petition, but a majority
591 of the members of the board must be property owners from within
592 the district. Local government elected officials are not
593 considered property owners from within the district, even if
594 they own property within the district.
595 (c) A term on the board may not be for more than 5 years.
596 (d) Vacancies must be filled by the governing body of the
597 local general-purpose government that created the district. If
598 the local general-purpose government fails to fill a vacancy
599 within 60 days, the board may appoint an interim member in a
600 publicly noticed meeting in accordance with this chapter.
601 (2) For condominium resilience districts:
602 (a) The district board of supervisors exercises the powers
603 granted to the district pursuant to this act.
604 (b) The board of the condominium association shall serve as
605 the district board of supervisors. However, if a member of the
606 board of the condominium association cannot comply with the
607 requirements to serve on the district board, a substitute member
608 may be elected to the district board during the elections of the
609 condominium association board.
610 (c) Vacancies must be filled and elections held in
611 accordance with the bylaws of the association, which must be
612 publicly available and provided.
613 (3) District board members shall follow all applicable
614 local, state, and federal laws.
615 (4) District board members may not be compensated for their
616 service.
617 (5) District board members may not perform any of the work
618 of the district.
619 (6) District board members must be residents of this state
620 and citizens of the United States.
621 Section 10. Section 190.108, Florida Statutes, is created
622 to read:
623 190.108 Budget; reports and reviews.—
624 (1) Each resilience district shall publish an annual budget
625 that must be provided to each resident and landowner or unit
626 owner within the district.
627 (2) A condominium resilience district shall also provide
628 the district’s annual budget to the local building official and
629 local property appraiser.
630 (3) The district shall provide financial reports in such
631 form and such manner as prescribed pursuant to this section and
632 s. 190.009.
633 (4) The local general-purpose government may review the
634 proposed annual budget and any long-term financial plan or
635 program and may submit written comments to the resilience
636 district board of supervisors for its assistance and information
637 in adopting the district annual budget and long-term financial
638 plan or program.
639 Section 11. Section 190.111, Florida Statutes, is created
640 to read:
641 190.111 General powers.—A resilience district has, and its
642 board of supervisors may exercise, all of the following powers:
643 (1) To borrow money and issue bonds, certificates,
644 warrants, notes, or other evidence of indebtedness as
645 hereinafter provided; to levy such tax and special assessments
646 as may be authorized; and to charge, collect, and enforce fees
647 and other charges.
648 (2) To contract for the services of consultants to perform
649 planning, engineering, legal, or other appropriate services of a
650 professional nature. Such contracts are subject to public
651 bidding or competitive negotiation requirements as provided in
652 s. 190.133.
653 (3) To cooperate with, or contract with, other governmental
654 agencies as may be necessary, convenient, incidental, or proper
655 in connection with any of the powers, duties, or purposes
656 authorized by this act.
657 (4) To exercise such special powers as may be authorized by
658 this act.
659 Section 12. Section 190.133, Florida Statutes, is created
660 to read:
661 190.133 Bids required.—
662 (1) An infrastructure resilience district must follow
663 applicable procurement processes of the local government that
664 manages the district or engage in procurement under a process
665 provided in s. 287.055. Project services may be procured under a
666 continuing contract with the approval of the district board of
667 supervisors.
668 (2) Condominium resilience districts must receive at least
669 three bids for each project. The district board of supervisors
670 must vote on the rationale supporting the selection of the firm
671 chosen. The three bids and rationale must be filed with the
672 local property appraiser or other entity as required by the
673 Department of Commerce. All bids and the outcome of the board
674 vote on the rationale supporting the selection of the firm
675 chosen must be provided to all unit owners.
676 Section 13. Section 190.136, Florida Statutes, is created
677 to read:
678 190.136 Recovery of delinquent charges.—In the event that
679 any fees, rental charges, or delinquent penalties are not paid
680 when due and are in default for 60 days or more, the unpaid
681 balance thereof and all interest accrued thereon, together with
682 reasonable attorney fees and costs, may be recovered by the
683 district in a civil action.
684 Section 14. Section 190.146, Florida Statutes, is created
685 to read:
686 190.146 Reduction, expansion, or termination of district.—
687 (1) The boundaries of the resilience district may only be
688 expanded or reduced as provided in s. 190.1052.
689 (2) For an infrastructure resilience district, upon
690 completion of the project, the appropriate local general-purpose
691 government shall take over ownership of all infrastructure built
692 by the district, and the district thereafter only exists to
693 service the debt incurred for the infrastructure project. The
694 district automatically terminates after all debt is paid.
695 (3) For a condominium resilience district, a unit owner may
696 petition to terminate the district by submitting to the board of
697 supervisors a petition supported by 70 percent of the unit
698 owners of the district. The petition must contain the same
699 information as required by s. 190.105(2)(a), and the petitioner
700 must follow the procedure set forth in s. 190.105(2)(b). All
701 debts must be paid before the district may be terminated. A
702 condominium resilience district automatically terminates after
703 the initially approved loan amount is used and all debt is paid.
704 Section 15. Section 190.148, Florida Statutes, is created
705 to read:
706 190.148 Sale of real estate within a district; required
707 disclosure to purchaser.—After the establishment of a resilience
708 district under s. 190.105, each contract for the initial sale of
709 a parcel of real property and each contract for the initial sale
710 of a residential unit within the district must include, printed
711 immediately above the space reserved in the contract for the
712 signature of the purchaser, the following disclosure statement
713 in boldface and conspicuous type that is larger than the type in
714 the remaining text of the contract: “THE RESILIENCE DISTRICT
715 (NAME OF DISTRICT) IMPOSES AND LEVIES ASSESSMENTS ON THIS
716 PROPERTY. THESE ASSESSMENTS PAY THE DESIGN AND CONSTRUCTION
717 COSTS OF CERTAIN INFRASTRUCTURE IMPROVEMENTS AND ARE BASED ON
718 THE PETITION THAT CREATED THIS DISTRICT. THESE ASSESSMENTS ARE
719 IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
720 ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
721 LAW.”
722 Section 16. Section 190.149, Florida Statutes, is created
723 to read:
724 190.149 Notice of establishment.—Within 30 days after the
725 establishment of a resilience district under s. 190.105, the
726 district shall record in the property records of the county in
727 which it is located a “Notice of Establishment of a Resilience
728 District.” The notice must, at a minimum, include the legal
729 description of the district and a copy of the disclosure
730 statement specified in s. 190.148.
731 Section 17. Subsection (3) of section 190.002, Florida
732 Statutes, is amended to read:
733 190.002 Legislative findings, policies, and intent.—
734 (3) It is the legislative intent and purpose, based upon,
735 and consistent with, its findings of fact and declarations of
736 policy, to authorize a uniform procedure by general law to
737 establish an independent special district as an alternative
738 method to manage and finance basic services for community
739 development. It is further the legislative intent and purpose to
740 provide by general law for the uniform operation, exercise of
741 power, and procedure for termination of any such independent
742 district. It is further the purpose and intent of the
743 Legislature that a district created under s. 190.005 this
744 chapter not have or exercise any zoning or development
745 permitting power, that the establishment of the independent
746 community development district as provided in this act not be a
747 development order within the meaning of chapter 380, and that
748 all applicable planning and permitting laws, rules, regulations,
749 and policies control the development of the land to be serviced
750 by the district. It is further the purpose and intent of the
751 Legislature that no debt or obligation of a district constitute
752 a burden on any local general-purpose government without its
753 consent.
754 Section 18. Section 190.003, Florida Statutes, is amended
755 to read:
756 190.003 Definitions.—As used in ss. 190.001-190.049 this
757 chapter, the term:
758 (1) “Ad valorem bonds” means bonds which are payable from
759 the proceeds of ad valorem taxes levied on real and tangible
760 personal property and which are generally referred to as general
761 obligation bonds.
762 (2) “Assessable improvements” means, without limitation,
763 any and all public improvements and community facilities that
764 the district is empowered to provide in accordance with this
765 act.
766 (3) “Assessment bonds” means special obligations of the
767 district which are payable solely from proceeds of the special
768 assessments levied for an assessable project.
769 (4) “Board” or “board of supervisors” means the governing
770 board of the district or, if such board has been abolished, the
771 board, body, or commission succeeding to the principal functions
772 thereof or to whom the powers given to the board by this act
773 have been given by law.
774 (5) “Bond” includes “certificate,” and the provisions which
775 are applicable to bonds are equally applicable to certificates.
776 The term “bond” includes any general obligation bond, assessment
777 bond, refunding bond, revenue bond, and other such obligation in
778 the nature of a bond as is provided for in this act, as the case
779 may be.
780 (6) “Community development district” means a local unit of
781 special-purpose government which is created pursuant to this act
782 and limited to the performance of those specialized functions
783 authorized by this act; the governing head of which is a body
784 created, organized, and constituted and authorized to function
785 specifically as prescribed in this act for the purpose of the
786 delivery of urban community development services; and the
787 formation, powers, governing body, operation, duration,
788 accountability, requirements for disclosure, and termination of
789 which are as required by general law.
790 (7) “Compact, urban, mixed-use district” means a district
791 located within a municipality and within a community
792 redevelopment area created pursuant to s. 163.356, that consists
793 of a maximum of 75 acres, and has development entitlements of at
794 least 400,000 square feet of retail development and 500
795 residential units.
796 (8) “Cost,” when used with reference to any project,
797 includes, but is not limited to:
798 (a) The expenses of determining the feasibility or
799 practicability of acquisition, construction, or reconstruction.
800 (b) The cost of surveys, estimates, plans, and
801 specifications.
802 (c) The cost of improvements.
803 (d) Engineering, fiscal, and legal expenses and charges.
804 (e) The cost of all labor, materials, machinery, and
805 equipment.
806 (f) The cost of all lands, properties, rights, easements,
807 and franchises acquired.
808 (g) Financing charges.
809 (h) The creation of initial reserve and debt service funds.
810 (i) Working capital.
811 (j) Interest charges incurred or estimated to be incurred
812 on money borrowed prior to and during construction and
813 acquisition and for such reasonable period of time after
814 completion of construction or acquisition as the board may
815 determine.
816 (k) The cost of issuance of bonds pursuant to this act,
817 including advertisements and printing.
818 (l) The cost of any election held pursuant to this act and
819 all other expenses of issuance of bonds.
820 (m) The discount, if any, on the sale or exchange of bonds.
821 (n) Administrative expenses.
822 (o) Such other expenses as may be necessary or incidental
823 to the acquisition, construction, or reconstruction of any
824 project or to the financing thereof, or to the development of
825 any lands within the district.
826 (p) Payments, contributions, dedications, fair share or
827 concurrency obligations, and any other exactions required as a
828 condition to receive any government approval or permit necessary
829 to accomplish any district purpose.
830 (9) “District” means the community development district.
831 (10) “District manager” means the manager of the district.
832 (11) “District roads” means highways, streets, roads,
833 alleys, sidewalks, landscaping, storm drains, bridges, and
834 thoroughfares of all kinds and descriptions.
835 (12) “Elector” means a landowner or qualified elector.
836 (13) “General obligation bonds” means bonds which are
837 secured by, or provide for their payment by, the pledge, in
838 addition to those special taxes levied for their discharge and
839 such other sources as may be provided for their payment or
840 pledged as security under the resolution authorizing their
841 issuance, of the full faith and credit and taxing power of the
842 district and for payment of which recourse may be had against
843 the general fund of the district.
844 (14) “Landowner” means the owner of a freehold estate as
845 appears by the deed record, including a trustee, a private
846 corporation, and an owner of a condominium unit; it does not
847 include a reversioner, remainderman, mortgagee, or any
848 governmental entity, which may who shall not be counted and need
849 not be notified of proceedings under this act. Landowner shall
850 also means mean the owner of a ground lease from a governmental
851 entity, which leasehold interest has a remaining term, excluding
852 all renewal options, in excess of 50 years.
853 (15) “Local general-purpose government” means a county,
854 municipality, or consolidated city-county government.
855 (16) “Project” means any development, improvement,
856 property, utility, facility, works, enterprise, or service now
857 existing or hereafter undertaken or established under the
858 provisions of this act.
859 (17) “Qualified elector” means any person at least 18 years
860 of age who is a citizen of the United States, a legal resident
861 of Florida and of the district, and who registers to vote with
862 the supervisor of elections in the county in which the district
863 land is located.
864 (18) “Refunding bonds” means bonds issued to refinance
865 outstanding bonds of any type and the interest and redemption
866 premium thereon. Refunding bonds shall be issuable and payable
867 in the same manner as the refinanced bonds, except that no
868 approval by the electorate shall be required unless required by
869 the State Constitution.
870 (19) “Revenue bonds” means obligations of the district
871 which are payable from revenues derived from sources other than
872 ad valorem taxes on real or tangible personal property and which
873 do not pledge the property, credit, or general tax revenue of
874 the district.
875 (20) “Sewer system” means any plant, system, facility, or
876 property, and additions, extensions, and improvements thereto at
877 any future time constructed or acquired as part thereof, useful
878 or necessary or having the present capacity for future use in
879 connection with the collection, treatment, purification, or
880 disposal of sewage, including, without limitation, industrial
881 wastes resulting from any process of industry, manufacture,
882 trade, or business or from the development of any natural
883 resource. Without limiting the generality of the foregoing, the
884 term “sewer system” includes treatment plants, pumping stations,
885 lift stations, valves, force mains, intercepting sewers,
886 laterals, pressure lines, mains, and all necessary appurtenances
887 and equipment; all sewer mains, laterals, and other devices for
888 the reception and collection of sewage from premises connected
889 therewith; and all real and personal property and any interest
890 therein, rights, easements, and franchises of any nature
891 relating to any such system and necessary or convenient for
892 operation thereof.
893 (21) “Water management and control facilities” means any
894 lakes, canals, ditches, reservoirs, dams, levees, sluiceways,
895 floodways, curbs, gutters, pumping stations, or any other works,
896 structures, or facilities for the conservation, control,
897 development, utilization, and disposal of water, and any
898 purposes appurtenant, necessary, or incidental thereto. The term
899 “water management and control facilities” includes all real and
900 personal property and any interest therein, rights, easements,
901 and franchises of any nature relating to any such water
902 management and control facilities or necessary or convenient for
903 the acquisition, construction, reconstruction, operation, or
904 maintenance thereof.
905 (22) “Water system” means any plant, system, facility, or
906 property and additions, extensions, and improvements thereto at
907 any future time constructed or acquired as part thereof, useful
908 or necessary or having the present capacity for future use in
909 connection with the development of sources, treatment, or
910 purification and distribution of water. Without limiting the
911 generality of the foregoing, the term “water system” includes
912 dams, reservoirs, storage, tanks, mains, lines, valves,
913 hydrants, pumping stations, chilled water distribution systems,
914 laterals, and pipes for the purpose of carrying water to the
915 premises connected with such system, and all rights, easements,
916 and franchises of any nature relating to any such system and
917 necessary or convenient for the operation thereof.
918 Section 19. Paragraph (a) of subsection (4) of section
919 190.046, Florida Statutes, is amended to read:
920 190.046 Termination, contraction, or expansion of
921 district.—
922 (4)(a) To achieve economies of scale, reduce costs to
923 affected district residents and businesses in areas with
924 multiple existing districts, and encourage the merger of
925 multiple districts, up to five districts that were established
926 by the same local general-purpose government and whose board
927 memberships are composed entirely of qualified electors may
928 merge into one surviving district through adoption of an
929 ordinance by the local general-purpose government,
930 notwithstanding the acreage limitations otherwise set forth for
931 the establishment of a district in s. 190.005 this chapter. The
932 filing of a petition by the majority of the members of each
933 district board of supervisors seeking to merge constitutes
934 consent of the landowners within each applicable district.
935 Section 20. Section 190.048, Florida Statutes, is amended
936 to read:
937 190.048 Sale of real estate within a district; required
938 disclosure to purchaser.—Subsequent to the establishment of a
939 district under s. 190.005 this chapter, each contract for the
940 initial sale of a parcel of real property and each contract for
941 the initial sale of a residential unit within the district shall
942 include, immediately prior to the space reserved in the contract
943 for the signature of the purchaser, the following disclosure
944 statement in boldfaced and conspicuous type which is larger than
945 the type in the remaining text of the contract: “THE ...(Name of
946 District)... COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY
947 TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
948 PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION,
949 OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES
950 AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
951 GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE
952 IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
953 ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
954 LAW.”
955 Section 21. The Division of Law Revision is directed to
956 change the title of chapter 190, Florida Statutes, from
957 “Community Development Districts” to “Community Development and
958 Resilience Districts.”
959 Section 22. This act shall take effect July 1, 2025.