POA's
CDD Reform Proposal
Is Accepted by
the Silver Hair
Legislature as
a Top Priority |
The CDD reform
bill sponsored by the POA in the Florida Silver Hair Legislature’s
(FSHL) recent 2002 session in Tallahassee has again been given Priority
status.
The FSHL is a state-wide, non-partisan,
not-for-profit organization dedicated to meeting the needs, interests,
and rights of older Floridians as well as the general citizenry through
advocacy and education. The organization meets annually in the chambers
of the Florida legislature in Tallahassee and conducts a realistic legislative
session.
The POA bill addressed problems, abuses,
and loopholes in the Chapter 190 law that created Community Development
Districts (CDDs) in 1980. The POA bill has five parts, each dealing
with problems in the Chapter 190 law, as follows:
Part 1 calls for the popular election of
CDD supervisors by all residents in any areas administered by the CDD;
Part 2 calls for a retention or dismissal
vote for the CDD Administrator by all residents in any areas administered
by the CDD;
Part 3 calls for application of state conflict-of-interests
regulations to all consultants, advisors, attorneys, etc. working with
CDDs;
Part 4 calls for approval by all residents
in a CDD of the purchase of any property or facilities over a certain value
and also for any related debt assumption by residents;
Part 5 calls for the use of a market-based
appraisal of any property or facilities in excess of a certain value that
a CDD purchases.
This bill was passed overwhelmingly for
a second year by FSHL delegates. This is a remarkable record
for any bill. This shows a high level of concern among delegates to the
FSHL about the abuses and problems with the Chapter 190 law. Delegates
recognized that this is a state-wide problem that affects all Floridians,
not just residents in The Villages or in CDDs.
Priority status is significant. Only
five bills out of the 116 originally considered by the FSHL in 2002 were
given this status. This means that the FSHL will emphasize these
Priority bills in its lobbying efforts with legislators. These bills
are sent to the Governor, his Cabinet officers, Florida State Senators
and Representatives, and the Florida U. S. Congressional representatives.
This is the second year in a row in which
the FSHL has given priority status to this CDD reform bill. This
is an unusually strong endorsement of any FSHL bill.
The point needs to be made, however, that
FSHL bills are only recommendations to the real Florida legislature.
These bills represent the judgments, concerns, and recommendations of the
FSHL. However, final passage of these bills is not certain.
Final passage into law is subject to the legislative process and passage
is often uncertain on any bill.
Although not all FSHL bills are passed
into official law by legislators, some are. In the past, the Florida
department of Elder Affairs, for example, was created as a direct result
of legislation passed in the FSHL.
Remember also that powerful state-wide
lobbies of developers, builders, lawyers, accountants, realtors, etc.,
have a vested interest in the status-quo of the Chapter 190 law and will
probably resist any change. This is a significant issue.
That is why it is important for all POA
members to write their elected officials and voice their opinions about
these needed changes in the Chapter 190 law. If you have the time,
please consider writing a letter expressing your opinion. That action
will help the cause of Residents’ Rights that the POA is championing on
your behalf.
In summary, the POA is pleased with the
outcome of its efforts in the FSHL session. The POA recognizes, however,
that the ultimate goal is to have a CDD reform bill passed by the actual
Florida Legislature and signed by the Governor.
With continued support from Village residents,
and state-wide assistance from organizations like the Florida Silver Hair
Legislature, we may be able to get some of these reforms passed into law.
Remember, the ultimate goal is to make
The Villages an even better place in which to live. And, we can do
it if we work together. |