S1392 GENERAL BILL
by Comprehensive Planning
Community Development Districts; provides
for additional dissolution procedures; specifies procedures for selecting
chair at initial landowners' meeting; requires notice of landowners'
elections; authorizes supervisor of elections to designate seat numbers
for resident supervisors of board; allows candidates option of paying
filing fee to qualify for election; specifies number of petition
signatures required to qualify for election, etc. Amends 190.046,.006.
EFFECTIVE DATE: Upon becoming law.
01/06/04 SENATE Prefiled
CODING: Words stricken
are deletions; words underlined are
additions.
1
A bill to be entitled
2
An act relating to community development
3
districts; amending s. 190.046, F.S.; providing
4
for additional dissolution procedures; amending
5
s. 190.006, F.S.; specifying procedures for
6
selecting a chair at the initial landowners'
7
meeting; specifying requirements for proxy
8
voting; requiring notice of landowners'
9
elections; specifying the terms of certain
10
supervisors; providing for nonpartisan
11
elections; specifying the time that resident
12
supervisors assume office; authorizing the
13
supervisor of elections to designate seat
14
numbers for resident supervisors of the board;
15
providing procedures for filing qualifying
16
papers; allowing candidates the option of
17
paying a filing fee to qualify for the
18
election; specifying payment requirements;
19
specifying the number of petition signatures
20
required to qualify for the election; requiring
21
the county canvassing board to certify the
22
results of resident elections; providing an
23
effective date.
24
25 Be It Enacted by the Legislature
of the State of Florida:
26
27
Section 1. Section 190.046, Florida Statutes, is
28 amended to read:
29
190.046 Termination, contraction, or expansion of
30 district.--
31
1
1
(1) The board may petition to contract or expand the
2 boundaries of a community
development district in the
3 following manner:
4
(a) The petition shall contain the same informatio
5 required by s. 190.005(1)(a)1.
and 8. In addition, if the
6 petitioner seeks to expand
the district, the petition shall
7 describe the proposed timetable
for construction of any
8 district services to the
area, the estimated cost of
9 constructing the proposed
services, and the designation of the
10 future general distribution,
location, and extent of public
11 and private uses of land proposed
for the area by the future
12 land use plan element of the
adopted local government local
13 comprehensive plan. If
the petitioner seeks to contract the
14 district, the petition shall
describe what services and
15 facilities are currently provided
by the district to the area
16 being removed, and the designation
of the future general
17 distribution, location, and extent
of public and private uses
18 of land proposed for the area
by the future land element of
19 the adopted local government
comprehensive plan.
20
(b) For those districts initially established by
21 county ordinance, the petition
for ordinance amendment shall
22 be filed with the county commission.
If the land to be
23 included or excluded is, in whole
or in part, within the
24 boundaries of a municipality,
then the county commission shall
25 not amend the ordinance without
municipal approval. A public
26 hearing shall be held in the
same manner and with the same
27 public notice as other ordinance
amendments. The county
28 commission shall consider the
record of the public hearing and
29 the factors set forth in s. 190.005(1)(e)
in making its
30 determination to grant or deny
the petition for ordinance
31 amendment.
2
1
(c) For those districts initially established by
2 municipal ordinance pursuant
to s. 190.005(2)(e), the
3 municipality shall assume
the duties of the county commission
4 set forth in paragraph (b);
however, if any of the land to be
5 included or excluded, in
whole or in part, is outside the
6 boundaries of the municipality,
then the municipality shall
7 not amend its ordinance
without county commission approval.
8
(d)1. For those districts initially established by
9 administrative rule pursuant
to s. 190.005(1), the petition
10 shall be filed with the Florida
Land and Water Adjudicatory
11 Commission.
12
2. Prior to filing the petition, the petitioner shall
13 pay a filing fee of $1,500 to
the county and to each
14 municipality the boundaries of
which are contiguous with or
15 contain all or a portion of the
land within the district or
16 the proposed amendment, and submit
a copy of the petition to
17 the county and to each such municipality.
In addition, if the
18 district is not the petitioner,
the petitioner shall file the
19 petition with the district board
of supervisors.
20
3. The county and each municipality shall have the
21 option of holding a public hearing
as provided by s.
22 190.005(1)(c). However,
such public hearing shall be limited
23 to consideration of the contents
of the petition and whether
24 the petition for amendment should
be supported by the county
25 or municipality.
26
4. The district board of supervisors shall, in lieu of
27 a hearing officer, hold the local
public hearing provided for
28 by s. 190.005(1)(d).
This local public hearing shall be
29 noticed in the same manner as
provided in s. 190.005(1)(d).
30 Within 45 days of the conclusion
of the hearing, the district
31 board of supervisors shall transmit
to the Florida Land and
3
1 Water Adjudicatory Commission
the full record of the local
2 hearing, the transcript
of the hearing, any resolutions
3 adopted by the local general-purpose
governments, and its
4 recommendation whether to
grant the petition for amendment.
5 The commission shall then
proceed in accordance with s.
6 190.005(1)(e).
7
5. A rule amending a district boundary shall describe
8 the land to be added or
deleted.
9
(e) In all cases, written consent of all the
10 landowners whose land is to be
added to or deleted from the
11 district shall be required. The
filing of the petition for
12 expansion or contraction by the
district board of supervisors
13 shall constitute consent of the
landowners within the district
14 other than of landowners whose
land is proposed to be added to
15 or removed from the district.
16
(f)1. During the existence of a district initially
17 established by administrative
rule, petitions to amend the
18 boundaries of the district pursuant
to paragraphs (a)-(e)
19 shall be limited to a cumulative
total of no more than 10
20 percent of the land in the initial
district, and in no event
21 shall all such petitions to amend
the boundaries ever
22 encompass more than a total of
250 acres.
23
2. For districts initially established by county or
24 municipal ordinance, the limitation
provided by this paragraph
25 shall be a cumulative total of
no more than 50 percent of the
26 land in the initial district,
and in no event shall all such
27 petitions to amend the boundaries
ever encompass more than a
28 total of 500 acres.
29
3. Boundary expansions for districts initially
30 established by county or municipal
ordinance shall follow the
31 procedure set forth in paragraph
(b) or paragraph (c).
4
1
(g) Petitions to amend the boundaries of the district
2 which exceed the amount
of land specified in paragraph (f
3 shall be considered petitions
to establish a new district and
4 shall follow all of the
procedures specified in s. 190.005.
5
(2) The district shall remain in existence unless:
6
(a) The district is merged with another district as
7 provided in subsection (3);
8
(b) All of the specific community development systems,
9 facilities,
and services that it is authorized to perform have
10 been transferred to a general-purpose
unit of local government
11 in the manner provided in subsections
(4), (5), and (6); or
12
(c) The district is dissolved as provided in
13 subsection (7),
or subsection
(8), or subsection (9).
14
(3) The district may merge with other community
15 development districts upon filing
a petition for establishment
16 of a community development district
pursuant to s. 190.005 or
17 may merge with any other special
districts upon filing a
18 petition for establishment of
a community development district
19 pursuant to s. 190.005.
The government formed by a merger
20 involving a community development
district pursuant to this
21 section shall assume all indebtedness
of, and receive title
22 to, all property owned by the
preexisting special districts.
23 Prior to filing said petition,
the districts desiring to merge
24 shall enter into a merger agreement
and shall provide for the
25 proper allocation of the indebtedness
so assumed and the
26 manner in which said debt shall
be retired. The approval of
27 the merger agreement by the board
of supervisors elected by
28 the electors of the district
shall constitute consent of the
29 landowners within the district.
30
(4) The local general-purpose government within the
31 geographical boundaries of which
the district lies may adopt a
5
1 nonemergency ordinance providing
for a plan for the transfer
2 of a specific community
development service from a district to
3 the local general-purpose
government. The plan must provide
4 for the assumption and guarantee
of the district debt that is
5 related to the service by
the local general-purpose government
6 and must demonstrate the
ability of the local general-purpose
7 government to provide such
service:
8
(a) As efficiently as the district
9
(b) At a level of quality equal to or higher than the
10 level of quality actually delivered
by the district to the
11 users of the service.
12
(c) At a charge equal to or lower than the actual
13 charge by the district to the
users of the service.
14
(5) No later than 30 days following the adoption of a
15 transfer plan ordinance, the
board of supervisors may file, in
16 the circuit court for the county
in which the local
17 general-purpose government that
adopted the ordinance is
18 located, a petition seeking review
by certiorari of the
19 factual and legal basis for the
adoption of the transfer plan
20 ordinance.
21
(6) Upon the transfer of all of the community
22 development services of the district
to a general-purpose unit
23 of local government, the district
shall be terminated in
24 accordance with a plan of termination
which shall be adopted
25 by the board of supervisors and
filed with the clerk of the
26 circuit court.
27
(7) If, within 5 years after the effective date of the
28 rule or ordinance establishing
creating the district, a
29 landowner has not received a
development permit, as defined in
30 chapter 380, on some part or
all of the area covered by the
31 district, then the district will
be automatically dissolved
6
1 and a judge of the circuit
court shall cause a statement to
2 that effect to be filed
in the public records.
3
(8) In the event the district has become inactive
4 pursuant to s. 189.4044,
the respective board of county
5 commissioners or
city commission shall be informed and it
6 shall take appropriate action.
7
(9) If a district has no outstanding financial
8 obligations
and no operating or maintenance responsibilities,
9 upon
the petition of the district, the district may be
10 dissolved
by a nonemergency ordinance of the general-purpose
11 local
governmental entity that established the district or, if
12 the
district was established by rule of the Florida Land and
13 Water
Adjudicatory Commission, the district may be dissolved
14 by repeal
of such rule of the commission.
15
Section 2. Section 190.006, Florida Statutes, is
16 amended to read:
17
190.006 Board of supervisors; members and meetings.--
18
(1) The board of the district shall exercise the
19 powers granted to the district
pursuant to this act. The board
20 shall consist of five members;
except as otherwise provided
21 herein, each member shall hold
office for a term of 2 years or
22 4 years,
as provided in this section, and until a successor is
23 chosen and qualifies. The
members of the board must be
24 residents of the state and citizens
of the United States.
25
(2)(a) Within 90 days following the effective date of
26 the rule or ordinance establishing
the district, there shall
27 be held a meeting of the landowners
of the district for the
28 purpose of electing five supervisors
for the district. Notice
29 of the landowners' meeting shall
be published once a week for
30 2 consecutive weeks in a newspaper
which is in general
31 circulation in the area of the
district, the last day of such
7
1 publication to be not fewer
than 14 days or more than 28 days
2 before the date of the election.
The landowners, when
3 assembled at such meeting,
shall organize by electing a chair
4 who shall conduct the meeting.
The chair may be any person
5 present
at the meeting. If the chair is a landowner or proxy
6 holder
of a landowner, he or she may nominate candidates and
7 make
and second motions.
8
(b) At such meeting, each landowner shall be entitled
9 to cast one vote per acre
of land owned by him or her and
10 located within the district for
each person to be elected. A
11 landowner may vote in person
or by proxy in writing. Each
12 proxy
must be signed by one of the legal owners of the
13 property
for which the vote is cast and must contain the typed
14 or printed
name of the individual who signed the proxy; the
15 street
address, legal description of the property, or tax
16 parcel
identification number; and the number of authorized
17 votes.
If the proxy authorizes more than one vote, each
18 property
must be listed and the number of acres of each
19 property
must be included. The signature on a proxy need not
20 be notarized.
A fraction of an acre shall be treated as 1
21 acre, entitling the landowner
to one vote with respect
22 thereto. The two candidates
receiving the highest number of
23 votes shall be elected for a
period of 4 years, and the three
24 candidates receiving the next
largest number of votes shall be
25 elected for a period of 2 years,
with the term of office for
26 each
successful candidate commencing upon election. The
27 members of the first board elected
by landowners shall serve
28 their respective 4-year or 2-year
terms; however, the next
29 election by landowners shall
be held on the first Tuesday in
30 November. Thereafter, there shall
be an election of
31 supervisors for the district
every 2 years in November on a
8
1 date established by the board
and noticed pursuant to
2 paragraph (a). The
second and subsequent landowners' election
3 shall
be announced at a public meeting of the board at least
4 90
days prior to the date of the landowners' meeting and shall
5 also
be noticed pursuant to paragraph (a). Instructions on how
6 all
landowners may participate in the election, along with
7 sample
proxies, shall be provided during the board meeting
8 that
announces the landowners' meeting. The two candidates
9 receiving the highest number
of votes shall be elected to
10 serve for a 4-year period, and
the remaining candidate elected
11 shall serve for a 2-year period.
12
(3)(a)1. If the board proposes to exercise the ad
13 valorem taxing power authorized
by s. 190.021, the district
14 board shall call an election
at which the members of the board
15 of supervisors will be elected.
Such election shall be held
16 in conjunction with a primary
or general election unless the
17 district bears the cost of a
special election. Each member
18 shall be elected by the qualified
electors of the district for
19 a term of 4 years, except that,
at the first such election,
20 three members shall be elected
for a period of 4 years and two
21 members shall be elected for
a period of 2 years. All elected
22 board members must be qualified
electors of the district.
23
2.a. Regardless of whether a district has proposed to
24 levy ad valorem taxes, commencing
6 years after the initial
25 appointment of members or, for
a district exceeding 5,000
26 acres in area, 10 years after
the initial appointment of
27 members, the position of each
member whose term has expired
28 shall be filled by a qualified
elector of the district,
29 elected by the qualified electors
of the district. However,
30 for those districts established
after June 21, 1991, and for
31 those existing districts established
after December 31, 1983,
9
1 which have less than 50 qualified
electors on June 21, 1991,
2 sub-subparagraphs b. and
c. shall apply.
3
b. For those districts to which this
sub-subparagraph
4 applies
If, in the 6th year after the initial appointment of
5 members, or 10 years after
such initial appointment for
6 districts exceeding 5,000
acres in area, there are not at
7 least 250 qualified electors
in the district, or for a
8 district exceeding 5,000
acres, there are not at least 500
9 qualified electors, members
of the board shall continue to be
10 elected by landowners.
11
b. After the 6th or 10th year,
once a district reaches
12 250 or 500 qualified electors,
respectively, then the position
13 of two board members whose terms
are expiring shall be filled
14 by qualified electors of the
district, elected by the
15 qualified electors of the district.
One of these board
16 members
shall serve a 2-year term, and the other a 4-year
17 term.
The remaining board member whose term is expiring shall
18 be elected for a 4-year term
by the landowners and is not
19 required to be a qualified elector.
Thereafter, as terms
20 expire, board members shall be
qualified electors elected by
21 qualified electors of the district
for a term of 4 years.
22
c. On or before July 15 of each year, the board shall
23 determine the number of qualified
electors in the district as
24 of the immediately preceding
June 1. The board shall use and
25 rely upon the official records
maintained by the supervisor of
26 elections and property appraiser
or tax collector in each
27 county in making this determination.
Such determination shall
28 be made at a properly noticed
meeting of the board and shall
29 become a part of the official
minutes of the district.
30
(b) Elections of board members by qualified electors
31 held pursuant to this subsection
shall be nonpartisan and
10
1 shall
be conducted in the manner prescribed by law for holding
2 general elections. Board
members shall assume the office on
3 the
second Tuesday following their election.
4
(c) Candidates seeking election to office by qualified
5 electors under this subsection
shall conduct their campaigns
6 in accordance with the provisions
of chapter 106 and shall
7 file
qualifying papers and qualify for individual seats in
8 accordance
with s. 99.061. Candidates shall pay a qualifying
9 fee,
which shall consist of a filing fee and an election
10 assessment
or, as an alternative, shall file a petition signed
11 by not
less than 1 percent of the registered voters of the
12 district,
Candidates shall file petitions,
and take the oath
13 required in s. 99.021, with the
supervisor of elections in the
14 county affected by such candidacy.
The amount of the filing
15 fee
is 3 percent of $4,800; however, if the electors have
16 provided
for compensation pursuant to subsection (8), the
17 amount
of the filing fee is 3 percent of the maximum annual
18 compensation
so provided. The amount of the election
19 assessment
is 1 percent of $4,800; however, if the electors
20 have
provided for compensation pursuant to subsection (8), the
21 amount
of the election assessment is 1 percent of the maximum
22 annual
compensation so provided. The filing fee and election
23 assessment
shall be distributed as provided in s. 105.031(3).
24
(d) The supervisor of elections shall appoint the
25 inspectors and clerks of elections,
prepare and furnish the
26 ballots, designate polling places,
and canvass the returns of
27 the election of board members
by qualified electors. The
28 county
canvassing board of
county commissioners shall declare
29 and certify the results of the
election.
30
(4) Members of the board shall be known as supervisors
31 and, upon entering into office,
shall take and subscribe to
11
1 the oath of office as prescribed
by s. 876.05. They shall
2 hold office for the terms
for which they were elected or
3 appointed and until their
successors are chosen and qualified.
4 If, during the term of office,
a vacancy occurs, the remaining
5 members of the board shall
fill the vacancy by an appointment
6 for the remainder of the
unexpired term.
7
(5) A majority of the members of the board constitutes
8 a quorum for the purposes
of conducting its business and
9 exercising its powers and
for all other purposes. Action
10 taken by the district shall be
upon a vote of a majority of
11 the members present unless general
law or a rule of the
12 district requires a greater number.
13
(6) As soon as practicable after each election or
14 appointment, the board shall
organize by electing one of its
15 members as chair and by electing
a secretary, who need not be
16 a member of the board, and such
other officers as the board
17 may deem necessary.
18
(7) The board shall keep a permanent record book
19 entitled "Record of Proceedings
of ...(name of district)...
20 Community Development District,"
in which shall be recorded
21 minutes of all meetings, resolutions,
proceedings,
22 certificates, bonds given by
all employees, and any and all
23 corporate acts. The record
book shall at reasonable times be
24 opened to inspection in the same
manner as state, county, and
25 municipal records pursuant to
chapter 119. The record book
26 shall be kept at the office or
other regular place of business
27 maintained by the board in the
county or municipality in which
28 the district is located or within
the boundaries of a
29 development of regional impact
or Florida Quality Development,
30 or combination of a development
of regional impact and Florida
31 Quality Development, which includes
the district.
12
1
(8) Each supervisor shall be entitled to receive for
2 his or her services an amount
not to exceed $200 per meeting
3 of the board of supervisors,
not to exceed $4,800 per year per
4 supervisor, or an amount
established by the electors at
5 referendum. In addition,
each supervisor shall receive travel
6 and per diem expenses as
set forth in s. 112.061.
7
(9) All meetings of the board shall be open to the
8 public and governed by the
provisions of chapter 286.
9
Section 3. This act shall take effect upon becoming a
10 law.
11
12
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13
SENATE SUMMARY
14 Revises the Uniform
Community Development District Act of
1980 to provide additional procedures for dissolving a
15 district. Provides
requirements for voting by proxy.
Provides notice requirements for elections. Requires that
16 a candidate for the
board of a district pay a qualifying
fee or file signed petitions. (See bill for details.)
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
13
CODING: Words stricken
are deletions; words underlined are
additions. |