September 24, 2020
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Bill Text: HB 0533
HB 0533 2004
1 A bill to be entitled
2          An act relating to community development districts;
3    amending s. 190.046, F.S.; providing for additional
4    dissolution procedures; amending s. 190.006, F.S.;
5    specifying procedures for selecting a chair at the initial
6    landowners' meeting; specifying requirements for proxy
7    voting; requiring notice of landowners' elections;
8    specifying the terms of certain supervisors; providing for
9    nonpartisan elections; specifying the time that resident
10    supervisors assume office; authorizing the supervisor of
11    elections to designate seat numbers for resident
12    supervisors of the board; providing procedures for filing
13    qualifying papers; allowing candidates the option of
14    paying a filing fee to qualify for the election;
15    specifying payment requirements; specifying the number of
16    petition signatures required to qualify for the election;
17    requiring the county canvassing board to certify the
18    results of resident elections; providing an effective
19    date.
21          Be It Enacted by the Legislature of the State of Florida:
23          Section 1. Paragraphs (b) and (c) of subsection (2) and
24    subsections (7) and (8) of section 190.046, Florida Statutes,
25    are amended, and subsection (9) is added to said section, to
26    read:
27          190.046 Termination, contraction, or expansion of
28    district.--
29          (2) The district shall remain in existence unless:
30          (b) All of the specific community development systems,
31    facilities, andservices that it is authorized to perform have
32    been transferred to a general-purpose unit of local government
33    in the manner provided in subsections(4), (5), and (6); or
34          (c) The district is dissolved as provided in subsection
35    (7), or subsection (8), or subsection (9).
36          (7) If, within 5 years after the effective date of the
37    rule or ordinance establishing creatingthe district, a
38    landowner has not received a development permit, as defined in
39    chapter 380, on some part or all of the area covered by the
40    district, then the district will be automatically dissolved and
41    a judge of the circuit court shall cause a statement to that
42    effect to be filed in the public records.
43          (8) In the event the district has become inactive pursuant
44    to s. 189.4044, the respective board of county commissioners or
45    city commissionshall be informed and it shall take appropriate
46    action.
47          (9) If a district has no outstanding financial obligations
48    and no operating or maintenance responsibilities, upon the
49    petition of the district, the district may be dissolved by a
50    nonemergency ordinance of the general-purpose local governmental
51    entity that established the district or, if the district was
52    established by rule of the Florida Land and Water Adjudicatory
53    Commission, the district may be dissolved by repeal of such rule
54    of the commission.
55          Section 2. Subsections (1), (2), and (3) of section
56    190.006, Florida Statutes, are amended to read:
57          190.006 Board of supervisors; members and meetings.--
58          (1) The board of the district shall exercise the powers
59    granted to the district pursuant to this act. The board shall
60    consist of five members; except as otherwise provided herein,
61    each member shall hold office for a term of 2 years or 4 years,
62    as provided in this section,and until a successor is chosen and
63    qualifies. The members of the board must be residents of the
64    state and citizens of the United States.
65          (2)(a) Within 90 days following the effective date of the
66    rule or ordinance establishing the district, there shall be held
67    a meeting of the landowners of the district for the purpose of
68    electing five supervisors for the district. Notice of the
69    landowners' meeting shall be published once a week for 2
70    consecutive weeks in a newspaper which is in general circulation
71    in the area of the district, the last day of such publication to
72    be not fewer than 14 days or more than 28 days before the date
73    of the election. The landowners, when assembled at such
74    meeting, shall organize by electing a chair who shall conduct
75    the meeting. The chair may be any person present at the meeting.
76    If the chair is a landowner or proxy holder of a landowner, he
77    or she may nominate candidates and make and second motions.
78          (b) At such meeting, each landowner shall be entitled to
79    cast one vote per acre of land owned by him or her and located
80    within the district for each person to be elected. A landowner
81    may vote in person or by proxy in writing. Each proxy must be
82    signed by one of the legal owners of the property for which the
83    vote is cast and must contain the typed or printed name of the
84    individual who signed the proxy; the street address, legal
85    description of the property, or tax parcel identification
86    number; and the number of authorized votes. If the proxy
87    authorizes more than one vote, each property must be listed and
88    the number of acres of each property must be included. The
89    signature on a proxy need not be notarized.A fraction of an
90    acre shall be treated as 1 acre, entitling the landowner to one
91    vote with respect thereto. The two candidates receiving the
92    highest number of votes shall be elected for a period of 4
93    years, and the three candidates receiving the next largest
94    number of votes shall be elected for a period of 2 years, with
95    the term of office for each successful candidate commencing upon
96    election. The members of the first board elected by landowners
97    shall serve their respective 4-year or 2-year terms; however,
98    the next election by landowners shall be held on the first
99    Tuesday in November. Thereafter, there shall be an election of
100    supervisors for the district every 2 years in November on a date
101    established by the board and noticed pursuant to paragraph (a).
102    The second and subsequent landowners' election shall be
103    announced at a public meeting of the board at least 90 days
104    prior to the date of the landowners' meeting and shall also be
105    noticed pursuant to paragraph (a). Instructions on how all
106    landowners may participate in the election, along with sample
107    proxies, shall be provided during the board meeting that
108    announces the landowners' meeting.The two candidates receiving
109    the highest number of votes shall be elected to serve for a 4-
110    year period, and the remaining candidate elected shall serve for
111    a 2-year period.
112          (3)(a)1. If the board proposes to exercise the ad valorem
113    taxing power authorized by s. 190.021, the district board shall
114    call an election at which the members of the board of
115    supervisors will be elected. Such election shall be held in
116    conjunction with a primary or general election unless the
117    district bears the cost of a special election. Each member
118    shall be elected by the qualified electors of the district for a
119    term of 4 years, except that, at the first such election, three
120    members shall be elected for a period of 4 years and two members
121    shall be elected for a period of 2 years. All elected board
122    members must be qualified electors of the district.
123          2.a. Regardless of whether a district has proposed to levy
124    ad valorem taxes, commencing 6 years after the initial
125    appointment of members or, for a district exceeding 5,000 acres
126    in area, 10 years after the initial appointment of members, the
127    position of each member whose term has expired shall be filled
128    by a qualified elector of the district, elected by the qualified
129    electors of the district. However, for those districts
130    established after June 21, 1991, and for those existing
131    districts established after December 31, 1983, which have less
132    than 50 qualified electors on June 21, 1991, sub-subparagraphs
133    b. and c. shall apply.
134          b. For those districts to which this sub-subparagraph
135    appliesIf, in the 6th year after the initial appointment of
136    members, or 10 years after such initial appointment for
137    districts exceeding 5,000 acres in area, there are not at least
138    250 qualified electors in the district, or for a district
139    exceeding 5,000 acres, there are not at least 500 qualified
140    electors, members of the board shall continue to be elected by
141    landowners.
142          b.After the 6th or 10th year, once a district reaches 250
143    or 500 qualified electors, respectively, then the position of
144    two board members whose terms are expiring shall be filled by
145    qualified electors of the district, elected by the qualified
146    electors of the district. One of these board members shall serve
147    a 2-year term, and the other a 4-year term.The remaining board
148    member whose term is expiring shall be elected for a 4-year term
149    by the landowners and is not required to be a qualified elector.
150    Thereafter, as terms expire, board members shall be qualified
151    electors elected by qualified electors of the district for a
152    term of 4 years.
153          c. On or before July 15 of each year, the board shall
154    determine the number of qualified electors in the district as of
155    the immediately preceding June 1. The board shall use and rely
156    upon the official records maintained by the supervisor of
157    elections and property appraiser or tax collector in each county
158    in making this determination. Such determination shall be made
159    at a properly noticed meeting of the board and shall become a
160    part of the official minutes of the district.
161          (b) Elections of board members by qualified electors held
162    pursuant to this subsection shall be nonpartisan and shall be
163    conducted in the manner prescribed by law for holding general
164    elections. Board members shall assume the office on the second
165    Tuesday following their election.
166          (c) Candidates seeking election to office by qualified
167    electors under this subsection shall conduct their campaigns in
168    accordance with the provisions of chapter 106 and shall file
169    qualifying papers and qualify for individual seats in accordance
170    with s. 99.061. Candidates shall pay a qualifying fee, which
171    shall consist of a filing fee and an election assessment, or, as
172    an alternative, shall file a petition signed by not less than 1
173    percent of the registered voters of the district file petitions,
174    and take the oath required in s. 99.021, with the supervisor of
175    elections in the county affected by such candidacy. The amount
176    of the filing fee is 3 percent of $4,800; however, if the
177    electors have provided for compensation pursuant to subsection
178    (8), the amount of the filing fee is 3 percent of the maximum
179    annual compensation so provided. The amount of the election
180    assessment is 1 percent of $4,800; however, if the electors have
181    provided for compensation pursuant to subsection (8), the amount
182    of the election assessment is 1 percent of the maximum annual
183    compensation so provided. The filing fee and election assessment
184    shall be distributed as provided in s. 105.031(3).
185          (d) The supervisor of elections shall appoint the
186    inspectors and clerks of elections, prepare and furnish the
187    ballots, designate polling places, and canvass the returns of
188    the election of board members by qualified electors. The county
189    canvassing board of county commissionersshall declare and
190    certify the results of the election.
191          Section 3. This act shall take effect upon becoming a law.
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