H885
GENERAL BILL by Ken Littlefield
Community Development Districts;
increases size of community development districts established by
county commissions; authorizes district to enforce deed restrictions
& architectural review for residential properties within its
boundaries; revises & clarifies requirements re disclosure to
purchasers of real estate within district. Amends 190.005,.011,.048.
EFFECTIVE DATE: Upon becoming law.
02/28/03 HOUSE Prefiled
HB 0885 2003
1 A bill to be entitled
2
An act relating to community development districts;
3 amending s.
190.005, F.S.; increasing the size of
4 community development
districts established by county
5 commissions;
amending s. 190.011, F.S.; authorizing the
6 district to
enforce deed restrictions and architectural
7 review for residential
properties within its boundaries;
8 amending s.
190.048, F.S.; revising and clarifying
9 requirements
relating to disclosure to purchasers of real
10 estate within
a district; providing an effective date.
11
12
Be It Enacted by the Legislature of the State of Florida:
13
14
Section 1. Section 190.005, Florida Statutes, is amended
15 to read:
16
190.005 Establishment of district.--
17
(1) The exclusive and uniform method for the establishment
18 of a community
development district with a size of 2,5001,000
19 acres or more
shall be pursuant to a rule, adopted under chapter
20 120 by the
Florida Land and Water Adjudicatory Commission,
21 granting a
petition for the establishment of a community
22 development
district.
23
(a) A petition for the establishment of a community
24 development
district shall be filed by the petitioner with the
25 Florida Land
and Water Adjudicatory Commission. The petition
26 shall contain:
27
1. A metes and bounds description of the external
28 boundaries
of the district. Any real property within the
29 external boundaries
of the district which is to be excluded from
30 the district
shall be specifically described, and the last known
31 address of
all owners of such real property shall be listed. The
32 petition shall
also address the impact of the proposed district
33 on any real
property within the external boundaries of the
34 district which
is to be excluded from the district.
35
2. The written consent to the establishment of the
36 district by
all landowners whose real property is to be included
37 in the district
or documentation demonstrating that the
38 petitioner
has control by deed, trust agreement, contract, or
39 option of 100
percent of the real property to be included in the
40 district, and
when real property to be included in the district
41 is owned by
a governmental entity and subject to a ground lease
42 as described
in s. 190.003(13), the written consent by such
43 governmental
entity.
44
3. A designation of five persons to be the initial members
45 of the board
of supervisors, who shall serve in that office
46 until replaced
by elected members as provided in s. 190.006.
47
4. The proposed name of the district.
48
5. A map of the proposed district showing current major
49 trunk water
mains and sewer interceptors and outfalls if in
50 existence.
51
6. Based upon available data, the proposed timetable for
52 construction
of the district services and the estimated cost of
53 constructing
the proposed services. These estimates shall be
54 submitted in
good faith but shall not be binding and may be
55 subject to
change.
56
7. A designation of the future general distribution,
57 location, and
extent of public and private uses of land proposed
58 for the area
within the district by the future land use plan
59 element of
the effective local government comprehensive plan of
60 which all mandatory
elements have been adopted by the applicable
61 general-purpose
local government in compliance with the Local
62 Government
Comprehensive Planning and Land Development
63 Regulation
Act.
64
8. A statement of estimated regulatory costs in accordance
65 with the requirements
of s. 120.541.
66
(b) Prior to filing the petition, the petitioner shall:
67
1. Pay a filing fee of $15,000 to the county and to each
68 municipality
the boundaries of which are contiguous with, or
69 contain all
or a portion of the land within, the external
70 boundaries
of the district.
71
2. Submit a copy of the petition to the county and to each
72 municipality
the boundaries of which are contiguous with, or
73 contain all
or a portion of, the land within the external
74 boundaries
of the district.
75
(c) Such county and each such municipality may conduct a
76 public hearing
to consider the relationship of the petition to
77 the factors
specified in paragraph (e). The public hearing shall
78 be concluded
within 45 days after the date the petition is filed
79 unless an extension
of time is requested by the petitioner and
80 granted by
the county or municipality. The county or
81 municipality
holding such public hearing may by resolution
82 express its
support of, or objection to the granting of, the
83 petition by
the Florida Land and Water Adjudicatory Commission.
84 A resolution
must base any objection to the granting of the
85 petition upon
the factors specified in paragraph (e). Such
86 county or municipality
may present its resolution of support or
87 objection at
the Florida Land and Water Adjudicatory Commission
88 hearing and
shall be afforded an opportunity to present relevant
89 information
in support of its resolution.
90
(d) A local public hearing on the petition shall be
91 conducted by
a hearing officer in conformance with the
92 applicable
requirements and procedures of the Administrative
93 Procedure Act.
The hearing shall include oral and written
94 comments on
the petition pertinent to the factors specified in
95 paragraph (e).
The hearing shall be held at an accessible
96 location in
the county in which the community development
97 district is
to be located. The petitioner shall cause a notice
98 of the hearing
to be published in a newspaper at least once a
99 week for the
4 successive weeks immediately prior to the
100 hearing. Such
notice shall give the time and place for the
101 hearing, a
description of the area to be included in the
102 district,
which description shall include a map showing clearly
103 the area to
be covered by the district, and any other relevant
104 information
which the establishing governing bodies may require.
105 The advertisement
shall not be placed in that portion of the
106 newspaper
where legal notices and classified advertisements
107 appear. The
advertisement shall be published in a newspaper of
108 general paid
circulation in the county and of general interest
109 and readership
in the community, not one of limited subject
110 matter, pursuant
to chapter 50. Whenever possible, the
111 advertisement
shall appear in a newspaper that is published at
112 least 5 days
a week, unless the only newspaper in the community
113 is published
fewer than 5 days a week. All affected units of
114 general-purpose
local government and the general public shall be
115 given an opportunity
to appear at the hearing and present oral
116 or written
comments on the petition.
117
(e) The Florida Land and Water Adjudicatory Commission
118 shall consider
the entire record of the local hearing, the
119 transcript
of the hearing, resolutions adopted by local general-
120 purpose governments
as provided in paragraph (c), and the
121 following
factors and make a determination to grant or deny a
122 petition for
the establishment of a community development
123 district:
124
1. Whether all statements contained within the petition
125 have been
found to be true and correct.
126
2. Whether the establishment of the district is
127 inconsistent
with any applicable element or portion of the state
128 comprehensive
plan or of the effective local government
129 comprehensive
plan.
130
3. Whether the area of land within the proposed district
131 is of sufficient
size, is sufficiently compact, and is
132 sufficiently
contiguous to be developable as one functional
133 interrelated
community.
134
4. Whether the district is the best alternative available
135 for delivering
community development services and facilities to
136 the area that
will be served by the district.
137
5. Whether the community development services and
138 facilities
of the district will be incompatible with the
139 capacity and
uses of existing local and regional community
140 development
services and facilities.
141
6. Whether the area that will be served by the district is
142 amenable to
separate special-district government.
143
(f) The Florida Land and Water Adjudicatory Commission
144 shall not
adopt any rule which would expand, modify, or delete
145 any provision
of the uniform community development district
146 charter as
set forth in ss. 190.006-190.041, except as provided
147 in s. 190.012.
A rule establishing a community development
148 district shall:
149
1. Describe the external boundaries of the district and
150 any real property
within the external boundaries of the district
151 which is to
be excluded.
152
2. Name five persons designated to be the initial members
153 of the board
of supervisors.
154
3. Name the district.
155
(g) The Florida Land and Water Adjudicatory Commission may
156 adopt rules
setting forth its procedures for considering
157 petitions
to establish, expand, modify, or delete uniform
158 community
development districts or portions thereof consistent
159 with the provisions
of this section.
160
(2) The exclusive and uniform method for the establishment
161 of a community
development district of less than 2,5001,000
162 acres in size
shall be pursuant to an ordinance adopted by the
163 county commission
of the county having jurisdiction over the
164 majority of
land in the area in which the district is to be
165 located granting
a petition for the establishment of a community
166 development
district as follows:
167
(a) A petition for the establishment of a community
168 development
district shall be filed by the petitioner with the
169 county commission.
The petition shall contain the same
170 information
as required in paragraph (1)(a).
171
(b) A public hearing on the petition shall be conducted by
172 the county
commission in accordance with the requirements and
173 procedures
of paragraph (1)(d).
174
(c) The county commission shall consider the record of the
175 public hearing
and the factors set forth in paragraph (1)(e) in
176 making its
determination to grant or deny a petition for the
177 establishment
of a community development district.
178
(d) The county commission shall not adopt any ordinance
179 which would
expand, modify, or delete any provision of the
180 uniform community
development district charter as set forth in
181 ss. 190.006-190.041.
An ordinance establishing a community
182 development
district shall include the matters provided for in
183 paragraph
(1)(f).
184
(e) If all of the land in the area for the proposed
185 district is
within the territorial jurisdiction of a municipal
186 corporation,
then the petition requesting establishment of a
187 community
development district under this act shall be filed by
188 the petitioner
with that particular municipal corporation. In
189 such event,
the duties of the county, hereinabove described, in
190 action upon
the petition shall be the duties of the municipal
191 corporation.
If any of the land area of a proposed district is
192 within the
land area of a municipality, the county commission
193 may not create
the district without municipal approval.
194
(f) Notwithstanding any other provision of this
195 subsection,
within 90 days after a petition for the
196 establishment
of a community development district has been filed
197 pursuant to
this subsection, the governing body of the county or
198 municipal
corporation may transfer the petition to the Florida
199 Land and Water
Adjudicatory Commission, which shall make the
200 determination
to grant or deny the petition as provided in
201 subsection
(1). A county or municipal corporation shall have no
202 right or power
to grant or deny a petition that has been
203 transferred
to the Florida Land and Water Adjudicatory
204 Commission.
205
(3) The governing body of any existing special district,
206 created to
provide one or more of the public improvements and
207 community
facilities authorized by this act, may petition for
208 reestablishment
of the existing district as a community
209 development
district pursuant to this act. The petition shall
210 contain the
information specified in subparagraphs (1)(a)1., 3.,
211 4., 5., 6.,
and 7. and shall not require payment of a fee
212 pursuant to
paragraph (1)(b). In such case, the new district so
213 formed shall
assume the existing obligations, indebtedness, and
214 guarantees
of indebtedness of the district so subsumed, and the
215 existing district
shall be terminated.
216
Section 2. Subsection (17) is added to section 190.011,
217 Florida Statutes,
to read:
218
190.011 General powers.--The district shall have, and the
219 board may
exercise, the following powers:
220
(17) To enforce deed restrictions and architectural
review
221 for
residential properties within its boundaries, as described
222 in
s. 720.305.
223
Section 3. Section 190.048, Florida Statutes, is amended
224 to read:
225
190.048 Sale of real estate within a district; required
226 disclosure
to purchaser.--Subsequent to the establishment of a
227 district under
this chapter, each contract for the initial sale
228 of a parcel
of real property and each contract for the initial
229 sale of a
residential unit within the district shall include,
230 immediately
prior to the space reserved in the contract for the
231 signature
of the purchaser, the following disclosure statement
232 in boldfaced
and conspicuous type which is larger than the type
233 in the remaining
text of the contract: "THE ... (Name of
234 District)
COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY
235 TAXES OR ASSESSMENTS,
OR BOTH TAXES AND ASSESSMENTS, ON THIS
236 PROPERTY.
THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION,
237 OPERATION,
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES
238 AND SERVICES
OF THE DISTRICT AND ARE SET ANNUALLY BY THE
239 GOVERNING
BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE
240 IN ADDITION
TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
241 ASSESSMENTS
AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
242 LAW. THE
BOND ASSESSMENT FOR THE CURRENT FISCAL YEAR IS (amount)
243 AND
THE TOTAL OF THE OTHER ASSESSMENTS FOR THE CURRENT FISCAL
244 YEAR
IS (amount)."
245
Section 4. This act shall take effect upon becoming a law. |