WHEREAS; The Florida Chapter 190 Law that created the special taxing districts known as CDDs, Community Development Districts, has loopholes that need to be amended; and,

WHEREAS; the Florida Chapter 190, as written, currently allows a developer to become absolute ruler of a Community Development District for decades, or in perpetuity, should the developer so elect; and,
WHEREAS; the establishment of hundreds of monarchies about the state was not the intent of the law; and,
WHEREAS; the amending of subsection 190.005, 006, 011, 014, 048, would serve to correct this situation by giving homeowners their right of meaningful suffrage, after a reasonable time, and the opportunity to control the manner in which their taxes and assessments are being spent.
NOW, THEREFORE, BE IT RESOLVED, THAT: the following changes, modifications, clarifications, and additions be made to Chapter 190 Law:
190.005, In any family of CDDs in which one of the CDDs can obligate or collect from residents of a related CDD for taxes, assessments, debt, or fees, then the supervisors in that CDD shall be appointed by the developer initially or for a term of two (2) years and then be elected thereafter for three (3) years terms by a popular vote of all homeowner residents living in all related CDDs in the family of CDDs,
190.006, Any CDD District Administrator, serving in his or her position for a total of at least twenty (20) months, shall be subject to, on the next CDD supervisor election day, retention or dismissal by a popular vote of all homeowner residents eligible to vote in an election in the family of CDDs administered by the District Administrator when a petition requesting the vote, with proper signatures of at least five percent (5%) of all eligible homeowner resident voters in the family of CDDs, is filed with the local board of election commissioners on or before the deadline day for filing of candidate for any supervisor election in any CDD in the family of CDDs.  Dismissed persons will leave the District Administrator position within two (2) months of the vote and will be ineligible for reappointing to any management position in the family of CDDs.
190.011, Any person or organization, including for illustration purposes and without limitation, attorneys, financiers, bankers, accountants, consultants, etc., be subject to all state conflict of interest regulations in their dealings with CDDs, landowners, developers, and any officials of local, county, or state governments, and will not render services or advice (paid or unpaid) to any combination of these on any given issue.
190.014, Whenever a CDD wishes to purchase property or facilities in excess of $3 million in the aggregate, within any one twelve (12) month period, and incur related debt to be paid off by residents, it will first obtain approval of the homeowner residents in the CDD or CDDs who will be obligated to repay the debt, for the facilities purchase and for the related debt issue.
190.048, Whenever a CDD wishes to purchase property or facilities in excess of $3 million in the aggregate, within any one twelve (12) month period, it will obtain, before the purchase, at least three appraisals of the property or facilities using the "comparable properties" appraisal method performed by independent licensed property appraiser and then pay no more than 25% above the average of the three appraisals for the property or facilities in the purchase transaction.

        Submitted by:  Thomas Poss, Area 3 Chairman, Florida Silver-Haired Legislature, Inc.
        Sponsors:        Russell Day, Chairman, CDD # 1, The Villages
                                  Joe Gorman, President, The Property Owners' Association of The Villages