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Senate Bill 1392

Senate Bill sb1392

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    Florida Senate - 2004                                  SB 1392

    By the Committee on Comprehensive Planning





    316-838-04

  1                      A bill to be entitled

  2         An act relating to community development

  3         districts; amending s. 190.046, F.S.; providing

  4         for additional dissolution procedures; amending

  5         s. 190.006, F.S.; specifying procedures for

  6         selecting a chair at the initial landowners'

  7         meeting; specifying requirements for proxy

  8         voting; requiring notice of landowners'

  9         elections; specifying the terms of certain

10         supervisors; providing for nonpartisan

11         elections; specifying the time that resident

12         supervisors assume office; authorizing the

13         supervisor of elections to designate seat

14         numbers for resident supervisors of the board;

15         providing procedures for filing qualifying

16         papers; allowing candidates the option of

17         paying a filing fee to qualify for the

18         election; specifying payment requirements;

19         specifying the number of petition signatures

20         required to qualify for the election; requiring

21         the county canvassing board to certify the

22         results of resident elections; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 190.046, Florida Statutes, is

28  amended to read:

29         190.046  Termination, contraction, or expansion of

30  district.--

31  

                                  1

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1         (1)  The board may petition to contract or expand the

 2  boundaries of a community development district in the

 3  following manner:

 4         (a)  The petition shall contain the same information

 5  required by s. 190.005(1)(a)1. and 8.  In addition, if the

 6  petitioner seeks to expand the district, the petition shall

 7  describe the proposed timetable for construction of any

 8  district services to the area, the estimated cost of

 9  constructing the proposed services, and the designation of the

10  future general distribution, location, and extent of public

11  and private uses of land proposed for the area by the future

12  land use plan element of the adopted local government local

13  comprehensive plan.  If the petitioner seeks to contract the

14  district, the petition shall describe what services and

15  facilities are currently provided by the district to the area

16  being removed, and the designation of the future general

17  distribution, location, and extent of public and private uses

18  of land proposed for the area by the future land element of

19  the adopted local government comprehensive plan.

20         (b)  For those districts initially established by

21  county ordinance, the petition for ordinance amendment shall

22  be filed with the county commission.  If the land to be

23  included or excluded is, in whole or in part, within the

24  boundaries of a municipality, then the county commission shall

25  not amend the ordinance without municipal approval.  A public

26  hearing shall be held in the same manner and with the same

27  public notice as other ordinance amendments.  The county

28  commission shall consider the record of the public hearing and

29  the factors set forth in s. 190.005(1)(e) in making its

30  determination to grant or deny the petition for ordinance

31  amendment.

                                  2

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1         (c)  For those districts initially established by

 2  municipal ordinance pursuant to s. 190.005(2)(e), the

 3  municipality shall assume the duties of the county commission

 4  set forth in paragraph (b); however, if any of the land to be

 5  included or excluded, in whole or in part, is outside the

 6  boundaries of the municipality, then the municipality shall

 7  not amend its ordinance without county commission approval.

 8         (d)1.  For those districts initially established by

 9  administrative rule pursuant to s. 190.005(1), the petition

10  shall be filed with the Florida Land and Water Adjudicatory

11  Commission.

12         2.  Prior to filing the petition, the petitioner shall

13  pay a filing fee of $1,500 to the county and to each

14  municipality the boundaries of which are contiguous with or

15  contain all or a portion of the land within the district or

16  the proposed amendment, and submit a copy of the petition to

17  the county and to each such municipality.  In addition, if the

18  district is not the petitioner, the petitioner shall file the

19  petition with the district board of supervisors.

20         3.  The county and each municipality shall have the

21  option of holding a public hearing as provided by s.

22  190.005(1)(c). However, such public hearing shall be limited

23  to consideration of the contents of the petition and whether

24  the petition for amendment should be supported by the county

25  or municipality.

26         4.  The district board of supervisors shall, in lieu of

27  a hearing officer, hold the local public hearing provided for

28  by s. 190.005(1)(d).  This local public hearing shall be

29  noticed in the same manner as provided in s. 190.005(1)(d).

30  Within 45 days of the conclusion of the hearing, the district

31  board of supervisors shall transmit to the Florida Land and

                                  3

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1  Water Adjudicatory Commission the full record of the local

 2  hearing, the transcript of the hearing, any resolutions

 3  adopted by the local general-purpose governments, and its

 4  recommendation whether to grant the petition for amendment.

 5  The commission shall then proceed in accordance with s.

 6  190.005(1)(e).

 7         5.  A rule amending a district boundary shall describe

 8  the land to be added or deleted.

 9         (e)  In all cases, written consent of all the

10  landowners whose land is to be added to or deleted from the

11  district shall be required. The filing of the petition for

12  expansion or contraction by the district board of supervisors

13  shall constitute consent of the landowners within the district

14  other than of landowners whose land is proposed to be added to

15  or removed from the district.

16         (f)1.  During the existence of a district initially

17  established by administrative rule, petitions to amend the

18  boundaries of the district pursuant to paragraphs (a)-(e)

19  shall be limited to a cumulative total of no more than 10

20  percent of the land in the initial district, and in no event

21  shall all such petitions to amend the boundaries ever

22  encompass more than a total of 250 acres.

23         2.  For districts initially established by county or

24  municipal ordinance, the limitation provided by this paragraph

25  shall be a cumulative total of no more than 50 percent of the

26  land in the initial district, and in no event shall all such

27  petitions to amend the boundaries ever encompass more than a

28  total of 500 acres.

29         3.  Boundary expansions for districts initially

30  established by county or municipal ordinance shall follow the

31  procedure set forth in paragraph (b) or paragraph (c).

                                  4

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1         (g)  Petitions to amend the boundaries of the district

 2  which exceed the amount of land specified in paragraph (f)

 3  shall be considered petitions to establish a new district and

 4  shall follow all of the procedures specified in s. 190.005.

 5         (2)  The district shall remain in existence unless:

 6         (a)  The district is merged with another district as

 7  provided in subsection (3);

 8         (b)  All of the specific community development systems,

 9  facilities, and services that it is authorized to perform have

10  been transferred to a general-purpose unit of local government

11  in the manner provided in subsections (4), (5), and (6); or

12         (c)  The district is dissolved as provided in

13  subsection (7), or subsection (8), or subsection (9).

14         (3)  The district may merge with other community

15  development districts upon filing a petition for establishment

16  of a community development district pursuant to s. 190.005 or

17  may merge with any other special districts upon filing a

18  petition for establishment of a community development district

19  pursuant to s. 190.005.  The government formed by a merger

20  involving a community development district pursuant to this

21  section shall assume all indebtedness of, and receive title

22  to, all property owned by the preexisting special districts.

23  Prior to filing said petition, the districts desiring to merge

24  shall enter into a merger agreement and shall provide for the

25  proper allocation of the indebtedness so assumed and the

26  manner in which said debt shall be retired. The approval of

27  the merger agreement by the board of supervisors elected by

28  the electors of the district shall constitute consent of the

29  landowners within the district.

30         (4)  The local general-purpose government within the

31  geographical boundaries of which the district lies may adopt a

                                  5

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1  nonemergency ordinance providing for a plan for the transfer

 2  of a specific community development service from a district to

 3  the local general-purpose government.  The plan must provide

 4  for the assumption and guarantee of the district debt that is

 5  related to the service by the local general-purpose government

 6  and must demonstrate the ability of the local general-purpose

 7  government to provide such service:

 8         (a)  As efficiently as the district.

 9         (b)  At a level of quality equal to or higher than the

10  level of quality actually delivered by the district to the

11  users of the service.

12         (c)  At a charge equal to or lower than the actual

13  charge by the district to the users of the service.

14         (5)  No later than 30 days following the adoption of a

15  transfer plan ordinance, the board of supervisors may file, in

16  the circuit court for the county in which the local

17  general-purpose government that adopted the ordinance is

18  located, a petition seeking review by certiorari of the

19  factual and legal basis for the adoption of the transfer plan

20  ordinance.

21         (6)  Upon the transfer of all of the community

22  development services of the district to a general-purpose unit

23  of local government, the district shall be terminated in

24  accordance with a plan of termination which shall be adopted

25  by the board of supervisors and filed with the clerk of the

26  circuit court.

27         (7)  If, within 5 years after the effective date of the

28  rule or ordinance establishing creating the district, a

29  landowner has not received a development permit, as defined in

30  chapter 380, on some part or all of the area covered by the

31  district, then the district will be automatically dissolved

                                  6

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1  and a judge of the circuit court shall cause a statement to

 2  that effect to be filed in the public records.

 3         (8)  In the event the district has become inactive

 4  pursuant to s. 189.4044, the respective board of county

 5  commissioners or city commission shall be informed and it

 6  shall take appropriate action.

 7         (9)  If a district has no outstanding financial

 8  obligations and no operating or maintenance responsibilities,

 9  upon the petition of the district, the district may be

10  dissolved by a nonemergency ordinance of the general-purpose

11  local governmental entity that established the district or, if

12  the district was established by rule of the Florida Land and

13  Water Adjudicatory Commission, the district may be dissolved

14  by repeal of such rule of the commission.

15         Section 2.  Section 190.006, Florida Statutes, is

16  amended to read:

17         190.006  Board of supervisors; members and meetings.--

18         (1)  The board of the district shall exercise the

19  powers granted to the district pursuant to this act. The board

20  shall consist of five members; except as otherwise provided

21  herein, each member shall hold office for a term of 2 years or

22  4 years, as provided in this section, and until a successor is

23  chosen and qualifies.  The members of the board must be

24  residents of the state and citizens of the United States.

25         (2)(a)  Within 90 days following the effective date of

26  the rule or ordinance establishing the district, there shall

27  be held a meeting of the landowners of the district for the

28  purpose of electing five supervisors for the district.  Notice

29  of the landowners' meeting shall be published once a week for

30  2 consecutive weeks in a newspaper which is in general

31  circulation in the area of the district, the last day of such

                                  7

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    Florida Senate - 2004                                  SB 1392
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 1  publication to be not fewer than 14 days or more than 28 days

 2  before the date of the election.  The landowners, when

 3  assembled at such meeting, shall organize by electing a chair

 4  who shall conduct the meeting. The chair may be any person

 5  present at the meeting. If the chair is a landowner or proxy

 6  holder of a landowner, he or she may nominate candidates and

 7  make and second motions.

 8         (b)  At such meeting, each landowner shall be entitled

 9  to cast one vote per acre of land owned by him or her and

10  located within the district for each person to be elected.  A

11  landowner may vote in person or by proxy in writing. Each

12  proxy must be signed by one of the legal owners of the

13  property for which the vote is cast and must contain the typed

14  or printed name of the individual who signed the proxy; the

15  street address, legal description of the property, or tax

16  parcel identification number; and the number of authorized

17  votes. If the proxy authorizes more than one vote, each

18  property must be listed and the number of acres of each

19  property must be included. The signature on a proxy need not

20  be notarized. A fraction of an acre shall be treated as 1

21  acre, entitling the landowner to one vote with respect

22  thereto.  The two candidates receiving the highest number of

23  votes shall be elected for a period of 4 years, and the three

24  candidates receiving the next largest number of votes shall be

25  elected for a period of 2 years, with the term of office for

26  each successful candidate commencing upon election. The

27  members of the first board elected by landowners shall serve

28  their respective 4-year or 2-year terms; however, the next

29  election by landowners shall be held on the first Tuesday in

30  November. Thereafter, there shall be an election of

31  supervisors for the district every 2 years in November on a

                                  8

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1  date established by the board and noticed pursuant to

 2  paragraph (a). The second and subsequent landowners' election

 3  shall be announced at a public meeting of the board at least

 4  90 days prior to the date of the landowners' meeting and shall

 5  also be noticed pursuant to paragraph (a). Instructions on how

 6  all landowners may participate in the election, along with

 7  sample proxies, shall be provided during the board meeting

 8  that announces the landowners' meeting. The two candidates

 9  receiving the highest number of votes shall be elected to

10  serve for a 4-year period, and the remaining candidate elected

11  shall serve for a 2-year period.

12         (3)(a)1.  If the board proposes to exercise the ad

13  valorem taxing power authorized by s. 190.021, the district

14  board shall call an election at which the members of the board

15  of supervisors will be elected.  Such election shall be held

16  in conjunction with a primary or general election unless the

17  district bears the cost of a special election.  Each member

18  shall be elected by the qualified electors of the district for

19  a term of 4 years, except that, at the first such election,

20  three members shall be elected for a period of 4 years and two

21  members shall be elected for a period of 2 years.  All elected

22  board members must be qualified electors of the district.

23         2.a.  Regardless of whether a district has proposed to

24  levy ad valorem taxes, commencing 6 years after the initial

25  appointment of members or, for a district exceeding 5,000

26  acres in area, 10 years after the initial appointment of

27  members, the position of each member whose term has expired

28  shall be filled by a qualified elector of the district,

29  elected by the qualified electors of the district.  However,

30  for those districts established after June 21, 1991, and for

31  those existing districts established after December 31, 1983,

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    Florida Senate - 2004                                  SB 1392
    316-838-04




 1  which have less than 50 qualified electors on June 21, 1991,

 2  sub-subparagraphs b. and c. shall apply.

 3         b.  For those districts to which this sub-subparagraph

 4  applies If, in the 6th year after the initial appointment of

 5  members, or 10 years after such initial appointment for

 6  districts exceeding 5,000 acres in area, there are not at

 7  least 250 qualified electors in the district, or for a

 8  district exceeding 5,000 acres, there are not at least 500

 9  qualified electors, members of the board shall continue to be

10  elected by landowners.

11         b.  After the 6th or 10th year, once a district reaches

12  250 or 500 qualified electors, respectively, then the position

13  of two board members whose terms are expiring shall be filled

14  by qualified electors of the district, elected by the

15  qualified electors of the district.  One of these board

16  members shall serve a 2-year term, and the other a 4-year

17  term.  The remaining board member whose term is expiring shall

18  be elected for a 4-year term by the landowners and is not

19  required to be a qualified elector. Thereafter, as terms

20  expire, board members shall be qualified electors elected by

21  qualified electors of the district for a term of 4 years.

22         c.  On or before July 15 of each year, the board shall

23  determine the number of qualified electors in the district as

24  of the immediately preceding June 1.  The board shall use and

25  rely upon the official records maintained by the supervisor of

26  elections and property appraiser or tax collector in each

27  county in making this determination.  Such determination shall

28  be made at a properly noticed meeting of the board and shall

29  become a part of the official minutes of the district.

30         (b)  Elections of board members by qualified electors

31  held pursuant to this subsection shall be nonpartisan and

                                  10

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    Florida Senate - 2004                                  SB 1392
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 1  shall be conducted in the manner prescribed by law for holding

 2  general elections. Board members shall assume the office on

 3  the second Tuesday following their election.

 4         (c)  Candidates seeking election to office by qualified

 5  electors under this subsection shall conduct their campaigns

 6  in accordance with the provisions of chapter 106 and shall

 7  file qualifying papers and qualify for individual seats in

 8  accordance with s. 99.061. Candidates shall pay a qualifying

 9  fee, which shall consist of a filing fee and an election

10  assessment or, as an alternative, shall file a petition signed

11  by not less than 1 percent of the registered voters of the

12  district, Candidates shall file petitions, and take the oath

13  required in s. 99.021, with the supervisor of elections in the

14  county affected by such candidacy. The amount of the filing

15  fee is 3 percent of $4,800; however, if the electors have

16  provided for compensation pursuant to subsection (8), the

17  amount of the filing fee is 3 percent of the maximum annual

18  compensation so provided. The amount of the election

19  assessment is 1 percent of $4,800; however, if the electors

20  have provided for compensation pursuant to subsection (8), the

21  amount of the election assessment is 1 percent of the maximum

22  annual compensation so provided. The filing fee and election

23  assessment shall be distributed as provided in s. 105.031(3).

24         (d)  The supervisor of elections shall appoint the

25  inspectors and clerks of elections, prepare and furnish the

26  ballots, designate polling places, and canvass the returns of

27  the election of board members by qualified electors.  The

28  county canvassing board of county commissioners shall declare

29  and certify the results of the election.

30         (4)  Members of the board shall be known as supervisors

31  and, upon entering into office, shall take and subscribe to

                                  11

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    Florida Senate - 2004                                  SB 1392
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 1  the oath of office as prescribed by s. 876.05.  They shall

 2  hold office for the terms for which they were elected or

 3  appointed and until their successors are chosen and qualified.

 4  If, during the term of office, a vacancy occurs, the remaining

 5  members of the board shall fill the vacancy by an appointment

 6  for the remainder of the unexpired term.

 7         (5)  A majority of the members of the board constitutes

 8  a quorum for the purposes of conducting its business and

 9  exercising its powers and for all other purposes.  Action

10  taken by the district shall be upon a vote of a majority of

11  the members present unless general law or a rule of the

12  district requires a greater number.

13         (6)  As soon as practicable after each election or

14  appointment, the board shall organize by electing one of its

15  members as chair and by electing a secretary, who need not be

16  a member of the board, and such other officers as the board

17  may deem necessary.

18         (7)  The board shall keep a permanent record book

19  entitled "Record of Proceedings of ...(name of district)...

20  Community Development District," in which shall be recorded

21  minutes of all meetings, resolutions, proceedings,

22  certificates, bonds given by all employees, and any and all

23  corporate acts.  The record book shall at reasonable times be

24  opened to inspection in the same manner as state, county, and

25  municipal records pursuant to chapter 119.  The record book

26  shall be kept at the office or other regular place of business

27  maintained by the board in the county or municipality in which

28  the district is located or within the boundaries of a

29  development of regional impact or Florida Quality Development,

30  or combination of a development of regional impact and Florida

31  Quality Development, which includes the district.

                                  12

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    Florida Senate - 2004                                  SB 1392
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 1         (8)  Each supervisor shall be entitled to receive for

 2  his or her services an amount not to exceed $200 per meeting

 3  of the board of supervisors, not to exceed $4,800 per year per

 4  supervisor, or an amount established by the electors at

 5  referendum.  In addition, each supervisor shall receive travel

 6  and per diem expenses as set forth in s. 112.061.

 7         (9)  All meetings of the board shall be open to the

 8  public and governed by the provisions of chapter 286.

 9         Section 3.  This act shall take effect upon becoming a

10  law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Revises the Uniform Community Development District Act of
      1980 to provide additional procedures for dissolving a
15    district. Provides requirements for voting by proxy.
      Provides notice requirements for elections. Requires that
16    a candidate for the board of a district pay a qualifying
      fee or file signed petitions. (See bill for details.)
17  

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