Senate Bill 1184 ER
Community Development Districts

CODING: Words stricken are deletions; words underlined are additions. 

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11         Section 33.  Subsection (4) is added to section
12  190.012, Florida Statutes, to read:
13         190.012  Special powers; public improvements and
14  community facilities.--The district shall have, and the board
15  may exercise, subject to the regulatory jurisdiction and
16  permitting authority of all applicable governmental bodies,
17  agencies, and special districts having authority with respect
18  to any area included therein, any or all of the following
19  special powers relating to public improvements and community
20  facilities authorized by this act:
21         (4)(a)  To adopt rules necessary for the district to
22  enforce certain deed restrictions pertaining to the use and
23  operation of real property within the district. For the
24  purpose of this subsection, "deed restrictions" are those
25  covenants, conditions, and restrictions contained in any
26  applicable declarations of covenants and restrictions that
27  govern the use and operation of real property within the
28  district and, for which covenants, conditions, and
29  restrictions, there is no homeowners' association or property
30  owner's association having respective enforcement powers. The

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 1  district may adopt by rule all or certain portions of the deed
 2  restrictions that:
 3         1.  Relate to limitations or prohibitions that apply
 4  only to external structures and are deemed by the district to
 5  be generally beneficial for the district's landowners and for
 6  which enforcement by the district is appropriate, as
 7  determined by the district's board of supervisors; or
 8         2.  Are consistent with the requirements of a
 9  development order or regulatory agency permit.
10         (b)  The board may vote to adopt such rules only when
11  all of the following conditions exist:
12         1.  The district's geographic area contains no
13  homeowners' associations as defined in s. 720.301(9);
14         2.  The district was in existence on the effective date
15  of this subsection, or is located within a development that
16  consists of multiple developments of regional impact and a
17  Florida Quality Development;
18         3.  The majority of the board has been elected by
19  qualified electors pursuant to the provisions of s. 190.006;
20  and
21         4.  The declarant in any applicable declarations of
22  covenants and restrictions has provided the board with a
23  written agreement that such rules may be adopted. A memorandum
24  of the agreement shall be recorded in the public records.
25         (c)  Within 60 days after such rules taking effect, the
26  district shall record a notice of rule adoption stating
27  generally what rules were adopted and where a copy of the
28  rules may be obtained. Districts may impose fines for
29  violations of such rules and enforce such rules and fines in
30  circuit court through injunctive relief.

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 1         Section 34.  Section 190.046, Florida Statutes, is
 2  amended to read:
 3         190.046  Termination, contraction, or expansion of
 4  district.--
 5         (1)  The board may petition to contract or expand the
 6  boundaries of a community development district in the
 7  following manner:
 8         (a)  The petition shall contain the same information
 9  required by s. 190.005(1)(a)1. and 8.  In addition, if the
10  petitioner seeks to expand the district, the petition shall
11  describe the proposed timetable for construction of any
12  district services to the area, the estimated cost of
13  constructing the proposed services, and the designation of the
14  future general distribution, location, and extent of public
15  and private uses of land proposed for the area by the future
16  land use plan element of the adopted local government local
17  comprehensive plan.  If the petitioner seeks to contract the
18  district, the petition shall describe what services and
19  facilities are currently provided by the district to the area
20  being removed, and the designation of the future general
21  distribution, location, and extent of public and private uses
22  of land proposed for the area by the future land element of
23  the adopted local government comprehensive plan.
24         (b)  For those districts initially established by
25  county ordinance, the petition for ordinance amendment shall
26  be filed with the county commission.  If the land to be
27  included or excluded is, in whole or in part, within the
28  boundaries of a municipality, then the county commission shall
29  not amend the ordinance without municipal approval.  A public
30  hearing shall be held in the same manner and with the same
31  public notice as other ordinance amendments.  The county

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 1  commission shall consider the record of the public hearing and
 2  the factors set forth in s. 190.005(1)(e) in making its
 3  determination to grant or deny the petition for ordinance
 4  amendment.
 5         (c)  For those districts initially established by
 6  municipal ordinance pursuant to s. 190.005(2)(e), the
 7  municipality shall assume the duties of the county commission
 8  set forth in paragraph (b); however, if any of the land to be
 9  included or excluded, in whole or in part, is outside the
10  boundaries of the municipality, then the municipality shall
11  not amend its ordinance without county commission approval.
12         (d)1.  For those districts initially established by
13  administrative rule pursuant to s. 190.005(1), the petition
14  shall be filed with the Florida Land and Water Adjudicatory
15  Commission.
16         2.  Prior to filing the petition, the petitioner shall
17  pay a filing fee of $1,500 to the county and to each
18  municipality the boundaries of which are contiguous with or
19  contain all or a portion of the land within the district or
20  the proposed amendment, and submit a copy of the petition to
21  the county and to each such municipality.  In addition, if the
22  district is not the petitioner, the petitioner shall file the
23  petition with the district board of supervisors.
24         3.  The county and each municipality shall have the
25  option of holding a public hearing as provided by s.
26  190.005(1)(c). However, such public hearing shall be limited
27  to consideration of the contents of the petition and whether
28  the petition for amendment should be supported by the county
29  or municipality.
30         4.  The district board of supervisors shall, in lieu of
31  a hearing officer, hold the local public hearing provided for

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 1  by s. 190.005(1)(d).  This local public hearing shall be
 2  noticed in the same manner as provided in s. 190.005(1)(d).
 3  Within 45 days of the conclusion of the hearing, the district
 4  board of supervisors shall transmit to the Florida Land and
 5  Water Adjudicatory Commission the full record of the local
 6  hearing, the transcript of the hearing, any resolutions
 7  adopted by the local general-purpose governments, and its
 8  recommendation whether to grant the petition for amendment.
 9  The commission shall then proceed in accordance with s.
10  190.005(1)(e).
11         5.  A rule amending a district boundary shall describe
12  the land to be added or deleted.
13         (e)  In all cases, written consent of all the
14  landowners whose land is to be added to or deleted from the
15  district shall be required. The filing of the petition for
16  expansion or contraction by the district board of supervisors
17  shall constitute consent of the landowners within the district
18  other than of landowners whose land is proposed to be added to
19  or removed from the district.
20         (f)1.  During the existence of a district initially
21  established by administrative rule, petitions to amend the
22  boundaries of the district pursuant to paragraphs (a)-(e)
23  shall be limited to a cumulative total of no more than 10
24  percent of the land in the initial district, and in no event
25  shall all such petitions to amend the boundaries ever
26  encompass more than a total of 250 acres.
27         2.  For districts initially established by county or
28  municipal ordinance, the limitation provided by this paragraph
29  shall be a cumulative total of no more than 50 percent of the
30  land in the initial district, and in no event shall all such

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 1  petitions to amend the boundaries ever encompass more than a
 2  total of 500 acres.
 3         3.  Boundary expansions for districts initially
 4  established by county or municipal ordinance shall follow the
 5  procedure set forth in paragraph (b) or paragraph (c).
 6         (g)  Petitions to amend the boundaries of the district
 7  which exceed the amount of land specified in paragraph (f)
 8  shall be considered petitions to establish a new district and
 9  shall follow all of the procedures specified in s. 190.005.
10         (2)  The district shall remain in existence unless:
11         (a)  The district is merged with another district as
12  provided in subsection (3);
13         (b)  All of the specific community development systems,
14  facilities, and services that it is authorized to perform have
15  been transferred to a general-purpose unit of local government
16  in the manner provided in subsections (4), (5), and (6); or
17         (c)  The district is dissolved as provided in
18  subsection (7), or subsection (8), or subsection (9).
19         (3)  The district may merge with other community
20  development districts upon filing a petition for establishment
21  of a community development district pursuant to s. 190.005 or
22  may merge with any other special districts upon filing a
23  petition for establishment of a community development district
24  pursuant to s. 190.005.  The government formed by a merger
25  involving a community development district pursuant to this
26  section shall assume all indebtedness of, and receive title
27  to, all property owned by the preexisting special districts.
28  Prior to filing said petition, the districts desiring to merge
29  shall enter into a merger agreement and shall provide for the
30  proper allocation of the indebtedness so assumed and the
31  manner in which said debt shall be retired. The approval of

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 1  the merger agreement by the board of supervisors elected by
 2  the electors of the district shall constitute consent of the
 3  landowners within the district.
 4         (4)  The local general-purpose government within the
 5  geographical boundaries of which the district lies may adopt a
 6  nonemergency ordinance providing for a plan for the transfer
 7  of a specific community development service from a district to
 8  the local general-purpose government.  The plan must provide
 9  for the assumption and guarantee of the district debt that is
10  related to the service by the local general-purpose government
11  and must demonstrate the ability of the local general-purpose
12  government to provide such service:
13         (a)  As efficiently as the district.
14         (b)  At a level of quality equal to or higher than the
15  level of quality actually delivered by the district to the
16  users of the service.
17         (c)  At a charge equal to or lower than the actual
18  charge by the district to the users of the service.
19         (5)  No later than 30 days following the adoption of a
20  transfer plan ordinance, the board of supervisors may file, in
21  the circuit court for the county in which the local
22  general-purpose government that adopted the ordinance is
23  located, a petition seeking review by certiorari of the
24  factual and legal basis for the adoption of the transfer plan
25  ordinance.
26         (6)  Upon the transfer of all of the community
27  development services of the district to a general-purpose unit
28  of local government, the district shall be terminated in
29  accordance with a plan of termination which shall be adopted
30  by the board of supervisors and filed with the clerk of the
31  circuit court.

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 1         (7)  If, within 5 years after the effective date of the
 2  rule or ordinance establishing creating the district, a
 3  landowner has not received a development permit, as defined in
 4  chapter 380, on some part or all of the area covered by the
 5  district, then the district will be automatically dissolved
 6  and a judge of the circuit court shall cause a statement to
 7  that effect to be filed in the public records.
 8         (8)  In the event the district has become inactive
 9  pursuant to s. 189.4044, the respective board of county
10  commissioners or city commission shall be informed and it
11  shall take appropriate action.
12         (9)  If a district has no outstanding financial
13  obligations and no operating or maintenance responsibilities,
14  upon the petition of the district, the district may be
15  dissolved by a nonemergency ordinance of the general-purpose
16  local governmental entity that established the district or, if
17  the district was established by rule of the Florida Land and
18  Water Adjudicatory Commission, the district may be dissolved
19  by repeal of such rule of the commission.
20         Section 35.  Section 190.006, Florida Statutes, is
21  amended to read:
22         190.006  Board of supervisors; members and meetings.--
23         (1)  The board of the district shall exercise the
24  powers granted to the district pursuant to this act. The board
25  shall consist of five members; except as otherwise provided
26  herein, each member shall hold office for a term of 2 years or
27  4 years, as provided in this section, and until a successor is
28  chosen and qualifies.  The members of the board must be
29  residents of the state and citizens of the United States.
30         (2)(a)  Within 90 days following the effective date of
31  the rule or ordinance establishing the district, there shall

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 1  be held a meeting of the landowners of the district for the
 2  purpose of electing five supervisors for the district.  Notice
 3  of the landowners' meeting shall be published once a week for
 4  2 consecutive weeks in a newspaper which is in general
 5  circulation in the area of the district, the last day of such
 6  publication to be not fewer than 14 days or more than 28 days
 7  before the date of the election.  The landowners, when
 8  assembled at such meeting, shall organize by electing a chair
 9  who shall conduct the meeting. The chair may be any person
10  present at the meeting. If the chair is a landowner or proxy
11  holder of a landowner, he or she may nominate candidates and
12  make and second motions.
13         (b)  At such meeting, each landowner shall be entitled
14  to cast one vote per acre of land owned by him or her and
15  located within the district for each person to be elected.  A
16  landowner may vote in person or by proxy in writing. Each
17  proxy must be signed by one of the legal owners of the
18  property for which the vote is cast and must contain the typed
19  or printed name of the individual who signed the proxy; the
20  street address, legal description of the property, or tax
21  parcel identification number; and the number of authorized
22  votes. If the proxy authorizes more than one vote, each
23  property must be listed and the number of acres of each
24  property must be included. The signature on a proxy need not
25  be notarized. A fraction of an acre shall be treated as 1
26  acre, entitling the landowner to one vote with respect
27  thereto.  The two candidates receiving the highest number of
28  votes shall be elected for a period of 4 years, and the three
29  candidates receiving the next largest number of votes shall be
30  elected for a period of 2 years, with the term of office for
31  each successful candidate commencing upon election. The

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 1  members of the first board elected by landowners shall serve
 2  their respective 4-year or 2-year terms; however, the next
 3  election by landowners shall be held on the first Tuesday in
 4  November. Thereafter, there shall be an election of
 5  supervisors for the district every 2 years in November on a
 6  date established by the board and noticed pursuant to
 7  paragraph (a). The second and subsequent landowners' election
 8  shall be announced at a public meeting of the board at least
 9  90 days prior to the date of the landowners' meeting and shall
10  also be noticed pursuant to paragraph (a). Instructions on how
11  all landowners may participate in the election, along with
12  sample proxies, shall be provided during the board meeting
13  that announces the landowners' meeting. The two candidates
14  receiving the highest number of votes shall be elected to
15  serve for a 4-year period, and the remaining candidate elected
16  shall serve for a 2-year period.
17         (3)(a)1.  If the board proposes to exercise the ad
18  valorem taxing power authorized by s. 190.021, the district
19  board shall call an election at which the members of the board
20  of supervisors will be elected.  Such election shall be held
21  in conjunction with a primary or general election unless the
22  district bears the cost of a special election.  Each member
23  shall be elected by the qualified electors of the district for
24  a term of 4 years, except that, at the first such election,
25  three members shall be elected for a period of 4 years and two
26  members shall be elected for a period of 2 years.  All elected
27  board members must be qualified electors of the district.
28         2.a.  Regardless of whether a district has proposed to
29  levy ad valorem taxes, commencing 6 years after the initial
30  appointment of members or, for a district exceeding 5,000
31  acres in area, 10 years after the initial appointment of

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 1  members, the position of each member whose term has expired
 2  shall be filled by a qualified elector of the district,
 3  elected by the qualified electors of the district.  However,
 4  for those districts established after June 21, 1991, and for
 5  those existing districts established after December 31, 1983,
 6  which have less than 50 qualified electors on June 21, 1991,
 7  sub-subparagraphs b. and d. c. shall apply.
 8         b.  For those districts to which this sub-subparagraph
 9  applies If, in the 6th year after the initial appointment of
10  members, or 10 years after such initial appointment for
11  districts exceeding 5,000 acres in area, there are not at
12  least 250 qualified electors in the district, or for a
13  district exceeding 5,000 acres, there are not at least 500
14  qualified electors, members of the board shall continue to be
15  elected by landowners.
16         b.  After the 6th or 10th year, once a district reaches
17  250 or 500 qualified electors, respectively, then the
18  positions position of two board members whose terms are
19  expiring shall be filled by qualified electors of the
20  district, elected by the qualified electors of the district
21  for 4-year termsOne of these board members shall serve a
22  2-year term, and the other a 4-year term.  The remaining board
23  member whose term is expiring shall be elected for a 4-year
24  term by the landowners and is not required to be a qualified
25  elector. Thereafter, as terms expire, board members shall be
26  qualified electors elected by qualified electors of the
27  district for a term of 4 years.
28         c.  Once a district qualifies to have any of its board
29  members elected by the qualified electors of the district, the
30  initial and all subsequent elections by the qualified electors
31  of the district shall be held at the general election in

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 1  November. The board shall adopt a resolution if necessary to
 2  implement this requirement when the board determines the
 3  number of qualified electors as required by sub-subparagraph
 4  d., to extend or reduce the terms of current board members.
 5         d.c.  On or before June 1 July 15 of each year, the
 6  board shall determine the number of qualified electors in the
 7  district as of the immediately preceding April 15 June 1.  The
 8  board shall use and rely upon the official records maintained
 9  by the supervisor of elections and property appraiser or tax
10  collector in each county in making this determination.  Such
11  determination shall be made at a properly noticed meeting of
12  the board and shall become a part of the official minutes of
13  the district.
14         (b)  Elections of board members by qualified electors
15  held pursuant to this subsection shall be nonpartisan and
16  shall be conducted in the manner prescribed by law for holding
17  general elections. Board members shall assume the office on
18  the second Tuesday following their election.
19         (c)  Candidates seeking election to office by qualified
20  electors under this subsection shall conduct their campaigns
21  in accordance with the provisions of chapter 106 and shall
22  file qualifying papers and qualify for individual seats in
23  accordance with s. 99.061. Candidates shall pay a qualifying
24  fee, which shall consist of a filing fee and an election
25  assessment or, as an alternative, shall file a petition signed
26  by not less than 1 percent of the registered voters of the
27  district, Candidates shall file petitions, and take the oath
28  required in s. 99.021, with the supervisor of elections in the
29  county affected by such candidacy. The amount of the filing
30  fee is 3 percent of $4,800; however, if the electors have
31  provided for compensation pursuant to subsection (8), the

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 1  amount of the filing fee is 3 percent of the maximum annual
 2  compensation so provided. The amount of the election
 3  assessment is 1 percent of $4,800; however, if the electors
 4  have provided for compensation pursuant to subsection (8), the
 5  amount of the election assessment is 1 percent of the maximum
 6  annual compensation so provided. The filing fee and election
 7  assessment shall be distributed as provided in s. 105.031(3).
 8         (d)  The supervisor of elections shall appoint the
 9  inspectors and clerks of elections, prepare and furnish the
10  ballots, designate polling places, and canvass the returns of
11  the election of board members by qualified electors.  The
12  county canvassing board of county commissioners shall declare
13  and certify the results of the election.
14         (4)  Members of the board shall be known as supervisors
15  and, upon entering into office, shall take and subscribe to
16  the oath of office as prescribed by s. 876.05.  They shall
17  hold office for the terms for which they were elected or
18  appointed and until their successors are chosen and qualified.
19  If, during the term of office, a vacancy occurs, the remaining
20  members of the board shall fill the vacancy by an appointment
21  for the remainder of the unexpired term.
22         (5)  A majority of the members of the board constitutes
23  a quorum for the purposes of conducting its business and
24  exercising its powers and for all other purposes.  Action
25  taken by the district shall be upon a vote of a majority of
26  the members present unless general law or a rule of the
27  district requires a greater number.
28         (6)  As soon as practicable after each election or
29  appointment, the board shall organize by electing one of its
30  members as chair and by electing a secretary, who need not be

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 1  a member of the board, and such other officers as the board
 2  may deem necessary.
 3         (7)  The board shall keep a permanent record book
 4  entitled "Record of Proceedings of ...(name of district)...
 5  Community Development District," in which shall be recorded
 6  minutes of all meetings, resolutions, proceedings,
 7  certificates, bonds given by all employees, and any and all
 8  corporate acts.  The record book shall at reasonable times be
 9  opened to inspection in the same manner as state, county, and
10  municipal records pursuant to chapter 119.  The record book
11  shall be kept at the office or other regular place of business
12  maintained by the board in the county or municipality in which
13  the district is located or within the boundaries of a
14  development of regional impact or Florida Quality Development,
15  or combination of a development of regional impact and Florida
16  Quality Development, which includes the district.
17         (8)  Each supervisor shall be entitled to receive for
18  his or her services an amount not to exceed $200 per meeting
19  of the board of supervisors, not to exceed $4,800 per year per
20  supervisor, or an amount established by the electors at
21  referendum.  In addition, each supervisor shall receive travel
22  and per diem expenses as set forth in s. 112.061.
23         (9)  All meetings of the board shall be open to the
24  public and governed by the provisions of chapter 286.

 CODING: Words stricken are deletions; words underlined are additions.