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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
31
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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.
31
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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
31
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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 terms. One 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
31
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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. |