September 24, 2020
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HB 0533CS

CHAMBER ACTION




2The Committee on Procedures recommends the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to community development districts;
8amending s. 190.006, F.S.; specifying procedures for
9selecting a chair at the initial landowners' meeting;
10specifying requirements for proxy voting; requiring notice
11of landowners' elections; specifying the terms of certain
12supervisors; providing for certain future elections to be
13held at the general election in November; requiring a
14resolution of the board if necessary to conform to the
15November general election cycle; providing for nonpartisan
16elections; specifying the time that resident supervisors
17assume office; authorizing the supervisor of elections to
18designate seat numbers for resident supervisors of the
19board; providing procedures for filing qualifying papers;
20allowing candidates the option of paying a filing fee to
21qualify for the election; specifying payment requirements;
22specifying the number of petition signatures required to
23qualify for the election; requiring the county canvassing
24board to certify the results of resident elections;
25amending s. 190.012, F.S.; authorizing districts to adopt
26rules to enforce real property use and operation deed
27restrictions; providing a definition; providing
28requirements and limitations; authorizing districts to
29impose fines and enforce rules and fines through
30injunctive relief; amending s. 190.046, F.S.; providing
31for additional dissolution procedures; providing an
32effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsections (1), (2), and (3) of section
37190.006, Florida Statutes, are amended to read:
38     190.006  Board of supervisors; members and meetings.--
39     (1)  The board of the district shall exercise the powers
40granted to the district pursuant to this act. The board shall
41consist of five members; except as otherwise provided herein,
42each member shall hold office for a term of 2 years or 4 years,
43as provided in this section, and until a successor is chosen and
44qualifies.  The members of the board must be residents of the
45state and citizens of the United States.
46     (2)(a)  Within 90 days following the effective date of the
47rule or ordinance establishing the district, there shall be held
48a meeting of the landowners of the district for the purpose of
49electing five supervisors for the district.  Notice of the
50landowners' meeting shall be published once a week for 2
51consecutive weeks in a newspaper which is in general circulation
52in the area of the district, the last day of such publication to
53be not fewer than 14 days or more than 28 days before the date
54of the election.  The landowners, when assembled at such
55meeting, shall organize by electing a chair who shall conduct
56the meeting. The chair may be any person present at the meeting.
57If the chair is a landowner or proxy holder of a landowner, he
58or she may nominate candidates and make and second motions.
59     (b)  At such meeting, each landowner shall be entitled to
60cast one vote per acre of land owned by him or her and located
61within the district for each person to be elected.  A landowner
62may vote in person or by proxy in writing. Each proxy must be
63signed by one of the legal owners of the property for which the
64vote is cast and must contain the typed or printed name of the
65individual who signed the proxy; the street address, legal
66description of the property, or tax parcel identification
67number; and the number of authorized votes. If the proxy
68authorizes more than one vote, each property must be listed and
69the number of acres of each property must be included. The
70signature on a proxy need not be notarized. A fraction of an
71acre shall be treated as 1 acre, entitling the landowner to one
72vote with respect thereto. The two candidates receiving the
73highest number of votes shall be elected for a period of 4
74years, and the three candidates receiving the next largest
75number of votes shall be elected for a period of 2 years, with
76the term of office for each successful candidate commencing upon
77election. The members of the first board elected by landowners
78shall serve their respective 4-year or 2-year terms; however,
79the next election by landowners shall be held on the first
80Tuesday in November. Thereafter, there shall be an election of
81supervisors for the district every 2 years in November on a date
82established by the board and noticed pursuant to paragraph (a).
83The second and subsequent landowners' election shall be
84announced at a public meeting of the board at least 90 days
85prior to the date of the landowners' meeting and shall also be
86noticed pursuant to paragraph (a). Instructions on how all
87landowners may participate in the election, along with sample
88proxies, shall be provided during the board meeting that
89announces the landowners' meeting. The two candidates receiving
90the highest number of votes shall be elected to serve for a 4-
91year period, and the remaining candidate elected shall serve for
92a 2-year period.
93     (3)(a)1.  If the board proposes to exercise the ad valorem
94taxing power authorized by s. 190.021, the district board shall
95call an election at which the members of the board of
96supervisors will be elected.  Such election shall be held in
97conjunction with a primary or general election unless the
98district bears the cost of a special election.  Each member
99shall be elected by the qualified electors of the district for a
100term of 4 years, except that, at the first such election, three
101members shall be elected for a period of 4 years and two members
102shall be elected for a period of 2 years.  All elected board
103members must be qualified electors of the district.
104     2.a.  Regardless of whether a district has proposed to levy
105ad valorem taxes, commencing 6 years after the initial
106appointment of members or, for a district exceeding 5,000 acres
107in area, 10 years after the initial appointment of members, the
108position of each member whose term has expired shall be filled
109by a qualified elector of the district, elected by the qualified
110electors of the district. However, for those districts
111established after June 21, 1991, and for those existing
112districts established after December 31, 1983, which have less
113than 50 qualified electors on June 21, 1991, sub-subparagraphs
114b. and d. c. shall apply.
115     b.  For those districts to which this sub-subparagraph
116applies If, in the 6th year after the initial appointment of
117members, or 10 years after such initial appointment for
118districts exceeding 5,000 acres in area, there are not at least
119250 qualified electors in the district, or for a district
120exceeding 5,000 acres, there are not at least 500 qualified
121electors, members of the board shall continue to be elected by
122landowners.
123     b.  After the 6th or 10th year, once a district reaches 250
124or 500 qualified electors, respectively, then the positions
125position of two board members whose terms are expiring shall be
126filled by qualified electors of the district, elected by the
127qualified electors of the district for 4-year terms. One of
128these board members shall serve a 2-year term, and the other a
1294-year term. The remaining board member whose term is expiring
130shall be elected for a 4-year term by the landowners and is not
131required to be a qualified elector. Thereafter, as terms expire,
132board members shall be qualified electors elected by qualified
133electors of the district for a term of 4 years.
134     c.  Once a district qualifies to have any of its board
135members elected by the qualified electors of the district, the
136initial and all subsequent elections by the qualified electors
137of the district shall be held at the general election in
138November. If necessary to implement this requirement, the board
139shall adopt a resolution, when the board determines the number
140of qualified electors as required by sub-subparagraph d., to
141extend or reduce the terms of current board members.
142     d.c.  On or before June 1 July 15 of each year, the board
143shall determine the number of qualified electors in the district
144as of the immediately preceding April 15 June 1. The board shall
145use and rely upon the official records maintained by the
146supervisor of elections and property appraiser or tax collector
147in each county in making this determination.  Such determination
148shall be made at a properly noticed meeting of the board and
149shall become a part of the official minutes of the district.
150     (b)  Elections of board members by qualified electors held
151pursuant to this subsection shall be nonpartisan and shall be
152conducted in the manner prescribed by law for holding general
153elections. Board members shall assume the office on the second
154Tuesday following their election.
155     (c)  Candidates seeking election to office by qualified
156electors under this subsection shall conduct their campaigns in
157accordance with the provisions of chapter 106 and shall file
158qualifying papers and qualify for individual seats in accordance
159with s. 99.061. Candidates shall pay a qualifying fee, which
160shall consist of a filing fee and an election assessment, or, as
161an alternative, shall file a petition signed by not less than 1
162percent of the registered voters of the district file petitions,
163and take the oath required in s. 99.021, with the supervisor of
164elections in the county affected by such candidacy. The amount
165of the filing fee is 3 percent of $4,800; however, if the
166electors have provided for compensation pursuant to subsection
167(8), the amount of the filing fee is 3 percent of the maximum
168annual compensation so provided. The amount of the election
169assessment is 1 percent of $4,800; however, if the electors have
170provided for compensation pursuant to subsection (8), the amount
171of the election assessment is 1 percent of the maximum annual
172compensation so provided. The filing fee and election assessment
173shall be distributed as provided in s. 105.031(3).
174     (d)  The supervisor of elections shall appoint the
175inspectors and clerks of elections, prepare and furnish the
176ballots, designate polling places, and canvass the returns of
177the election of board members by qualified electors.  The county
178canvassing board of county commissioners shall declare and
179certify the results of the election.
180     Section 2.  Subsection (4) is added to section 190.012,
181Florida Statutes, to read:
182     190.012  Special powers; public improvements and community
183facilities.--The district shall have, and the board may
184exercise, subject to the regulatory jurisdiction and permitting
185authority of all applicable governmental bodies, agencies, and
186special districts having authority with respect to any area
187included therein, any or all of the following special powers
188relating to public improvements and community facilities
189authorized by this act:
190     (4)(a)  To adopt rules necessary for the district to
191enforce certain deed restrictions pertaining to the use and
192operation of real property within the district. For the purpose
193of this subsection, the term "deed restrictions" means those
194covenants, conditions, and restrictions contained in any
195applicable declarations of covenants and restrictions that
196govern the use and operation of real property within the
197district and for which covenants, conditions, and restrictions
198there is no homeowners' association or property owners'
199association having respective enforcement powers. The district
200may adopt by rule all or certain portions of the deed
201restrictions that:
202     1.  Relate to limitations or prohibitions that only apply
203external to structures and are deemed by the district to be
204generally beneficial for the district's landowners and for which
205enforcement by the district is appropriate, as determined by the
206district's board of supervisors from time to time; or
207     2.  Are consistent with the requirements of development
208order conditions or regulatory agency permit conditions.
209     (b)  The board may vote to adopt such rules only when all
210of the following conditions exist:
211     1.  The district's geographic area contains no homeowners'
212associations as defined in s. 720.301(7).
213     2.  The district was in existence on the effective date of
214this subsection or is located within a development that consists
215of multiple developments of regional impact and a Florida
216Quality Development.
217     3.  The majority of the board has been elected by qualified
218electors pursuant to the provisions of s. 190.006.
219     4.  The declarant in any applicable declarations of
220covenants and restrictions has provided the board with a written
221agreement that such rules may be adopted.
222     (c)  Within 60 days after such rules take effect, the
223district shall record a notice of rule adoption stating
224generally what rules were adopted and where a copy of the rules
225may be obtained. Districts may impose fines for violations of
226such rules and to enforce such rules and fines in circuit court
227through injunctive relief.
228     Section 3.  Paragraphs (b) and (c) of subsection (2) and
229subsections (7) and (8) of section 190.046, Florida Statutes,
230are amended, and subsection (9) is added to said section, to
231read:
232     190.046  Termination, contraction, or expansion of
233district.--
234     (2)  The district shall remain in existence unless:
235     (b)  All of the specific community development systems,
236facilities, and services that it is authorized to perform have
237been transferred to a general-purpose unit of local government
238in the manner provided in subsections (4), (5), and (6); or
239     (c)  The district is dissolved as provided in subsection
240(7), or subsection (8), or subsection (9).
241     (7)  If, within 5 years after the effective date of the
242rule or ordinance establishing creating the district, a
243landowner has not received a development permit, as defined in
244chapter 380, on some part or all of the area covered by the
245district, then the district will be automatically dissolved and
246a judge of the circuit court shall cause a statement to that
247effect to be filed in the public records.
248     (8)  In the event the district has become inactive pursuant
249to s. 189.4044, the respective board of county commissioners or
250city commission shall be informed and it shall take appropriate
251action.
252     (9)  If a district has no outstanding financial obligations
253and no operating or maintenance responsibilities, upon the
254petition of the district, the district may be dissolved by a
255nonemergency ordinance of the general-purpose local governmental
256entity that established the district or, if the district was
257established by rule of the Florida Land and Water Adjudicatory
258Commission, the district may be dissolved by repeal of such rule
259of the commission.
260     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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