September 22, 2020
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_h0991__
HB 991

1
A bill to be entitled
2An act relating to powers of community development
3districts; amending s. 190.011, F.S.; revising general
4powers of community development districts; amending s.
5190.012, F.S.; revising special powers of community
6development districts; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (5), paragraph (a) of subsection
11(7), and subsections (11) and (15) of section 190.011, Florida
12Statutes, are amended to read:
13     190.011  General powers.-The district shall have, and the
14board may exercise, the following powers:
15     (5)  To adopt rules and orders pursuant to the provisions
16of chapter 120 prescribing the powers, duties, and functions of
17the officers of the district; the conduct of the business of the
18district; the maintenance of records; and the form of
19certificates evidencing tax liens and all other documents and
20records of the district. The board may also adopt administrative
21rules with respect to any of the projects of the district and
22define the area to be included therein and enforce such rules
23pursuant to s. 190.041. The board may also adopt resolutions
24which may be necessary for the conduct of district business.
25     (7)(a)  To hold, control, and acquire by donation,
26purchase, or eminent domain condemnation, or dispose of, any
27public easements, dedications to public use, platted
28reservations for public purposes, or any reservations for those
29purposes authorized by this act and to make use of such
30easements, dedications, or reservations for any of the purposes
31authorized by this act.
32     (11)  To exercise within the district, or beyond the
33district with prior approval by resolution of the governing body
34of the county if the taking will occur in an unincorporated area
35or with prior approval by resolution of the governing body of
36the municipality if the taking will occur within a municipality,
37the right and power of eminent domain, pursuant to the
38provisions of chapters 73 and 74, over any property within the
39state, except municipal, county, state, and federal property,
40for the uses and purposes of the district relating solely to
41water, sewer, district roads, and water management systems, and
42any other purpose or activity authorized by law, specifically
43including, without limitation, the power for the taking of
44easements for the drainage of the land of one person over and
45through the land of another.
46     (15)  To exercise all of the powers necessary, convenient,
47incidental, or proper in connection with any of the powers,
48duties, or purposes authorized by this act and to enforce
49pursuant to s. 190.041 such powers and rules adopted by the
50district under such powers.
51     Section 2.  Section 190.012, Florida Statutes, is amended
52to read:
53     190.012  Special powers; public improvements and community
54facilities.-The district shall have, and the board may exercise,
55subject to the regulatory jurisdiction and permitting authority
56of all applicable governmental bodies, agencies, and special
57districts having authority with respect to any area included
58therein, any or all of the following special powers relating to
59public improvements, and community facilities, and any other
60matters and activities authorized by this act:
61     (1)  To finance, fund, plan, establish, acquire, construct
62or reconstruct, enlarge or extend, equip, operate, and maintain
63systems, facilities, and basic infrastructures for the
64following:
65     (a)  Water management and control for the lands within the
66district and to connect some or any of such facilities with
67roads and bridges.
68     (b)  Water supply, sewer, and wastewater management,
69reclamation, and reuse or any combination thereof, and to
70construct and operate connecting intercepting or outlet sewers
71and sewer mains and pipes and water mains, conduits, or
72pipelines in, along, and under any street, alley, highway, or
73other public place or ways, and to dispose of any effluent,
74residue, or other byproducts of such system or sewer system.
75     (c)  Bridges or culverts that may be needed across any
76drain, ditch, canal, floodway, holding basin, excavation, public
77highway, tract, grade, fill, or cut and roadways over levees and
78embankments, and to construct any and all of such works and
79improvements across, through, or over any public right-of-way,
80highway, grade, fill, or cut.
81     (d)1.  District roads equal to or exceeding the applicable
82specifications of the county in which such district roads are
83located; roads and improvements to existing public roads that
84are owned by or conveyed to the local general-purpose
85government, the state, or the Federal Government; street lights;
86alleys; landscaping; hardscaping; and the undergrounding of
87electric utility lines. Districts may request the underground
88placement of utility lines by the local retail electric utility
89provider in accordance with the utility's tariff on file with
90the Public Service Commission and may finance the required
91contribution.
92     2.  Buses, trolleys, transit shelters, ridesharing
93facilities and services, parking improvements, and related
94signage.
95     (e)  Investigation and remediation costs associated with
96the cleanup of actual or perceived environmental contamination
97within the district under the supervision or direction of a
98competent governmental authority unless the covered costs
99benefit any person who is a landowner within the district and
100who caused or contributed to the contamination.
101     (f)  Conservation areas, mitigation areas, and wildlife
102habitat, including the maintenance of any plant or animal
103species, and any related interest in real or personal property.
104     (g)  Any other project within or without the boundaries of
105a district when a local government issued a development order
106pursuant to s. 380.06 or s. 380.061 approving or expressly
107requiring the construction or funding of the project by the
108district, or when the project is the subject of an agreement
109between the district and a governmental entity and is consistent
110with the local government comprehensive plan of the local
111government within which the project is to be located.
112     (h)  Any other project, facility, or service required by a
113development approval, interlocal agreement, zoning condition, or
114permit issued by a governmental authority with jurisdiction in
115the district.
116     (2)  After the local general-purpose government within the
117jurisdiction of which a power specified in this subsection is to
118be exercised consents to the exercise of such power by the
119district, the district shall have the power to plan, establish,
120acquire, construct or reconstruct, enlarge or extend, equip,
121operate, and maintain additional systems and facilities for:
122     (a)  Parks and facilities for indoor and outdoor
123recreational, cultural, and educational uses.
124     (b)  Fire prevention and control, including fire stations,
125water mains and plugs, fire trucks, and other vehicles and
126equipment.
127     (c)  School buildings and related structures and site
128improvements, which may be leased, sold, or donated to the
129school district, for use in the educational system when
130authorized by the district school board.
131     (d)  Security, including, but not limited to, guardhouses,
132fences and gates, electronic intrusion-detection systems, and
133patrol cars, when authorized by proper governmental agencies;
134except that the district may not exercise any law enforcement
135police power, but may contract with the appropriate local
136general-purpose government agencies for an increased level of
137such services within the district boundaries.
138     (e)  Control and elimination of mosquitoes and other
139arthropods of public health importance.
140     (f)  Waste collection and disposal.
141     (3)  To adopt pursuant to chapter 120 and enforce pursuant
142to s. 190.041 appropriate rules following the procedures of
143chapter 120, in connection with the provision of one or more
144services through its systems and facilities or powers authorized
145by law.
146     (4)(a)  To adopt rules necessary for the district to
147enforce certain deed restrictions pertaining to the use and
148operation of real property within the district and outside the
149district pursuant to an interlocal agreement under chapter 163
150if within another district or, if not within another district,
151with the consent of the county or municipality in which the deed
152restriction enforcement is proposed to occur. For the purpose of
153this subsection, the term "deed restrictions" means those
154covenants, conditions, restrictions, compliance mechanisms, and
155enforcement remedies contained in any applicable declarations of
156covenants and restrictions that govern the use and operation of
157real property and, for which covenants, conditions, and
158restrictions, there is no homeowners' association or property
159owner's association having respective enforcement powers unless,
160with respect to a homeowners' association whose board is under
161member control, the association and the district agree in
162writing to enforcement by the district. The district may adopt
163by rule all or certain portions of the deed restrictions that:
164     1.  Relate to limitations, prohibitions, compliance
165mechanisms, or enforcement remedies that apply only to external
166appearances or uses and are deemed by the district to be
167generally beneficial for the district's landowners and for which
168enforcement by the district is appropriate, as determined by the
169district's board of supervisors; or
170     2.  Are consistent with the requirements of a development
171order or regulatory agency permit.
172     (b)  The board may vote to adopt such rules only when all
173of the following conditions exist:
174     1.  The district was in existence on the effective date of
175this subsection, or is located within a development that
176consists of multiple developments of regional impact and a
177Florida Quality Development.
178     2.  For residential districts, the majority of the board
179has been elected by qualified electors pursuant to the
180provisions of s. 190.006.
181     3.  For residential districts, less than 25 percent of
182residential units are in a homeowners' association.
183     4.  The declarant in any applicable declarations of
184covenants and restrictions has provided the board with a written
185agreement that such rules may be adopted. A memorandum of the
186agreement shall be recorded in the public records.
187     (c)  Within 60 days after such rules take effect, the
188district shall record a notice of rule adoption stating
189generally what rules were adopted and where a copy of the rules
190may be obtained. Districts may impose fines for violations of
191such rules and enforce such rules and fines in circuit court
192through injunctive relief.
193     (d)  The owners of property located outside the boundary of
194the district shall elect an advisor to the district board
195pursuant to paragraph (e). The sole responsibilities of the
196district board advisor are to review enforcement actions
197proposed by the district board against properties located
198outside the district and make recommendations relating to those
199proposed actions. Before the district board may enforce its
200rules against any owner of property located outside the
201district, the district board shall request the district board
202advisor to make a recommendation on the proposed enforcement
203action. The district board advisor must render a recommendation
204within 30 days after receiving a request from the district board
205or is deemed to have no objection to the district board's
206proposed decision or action.
207     (e)1.  Whenever an interlocal agreement is entered into
208pursuant to paragraph (a), a district board advisor seat shall
209be created for one elected landowner whose property is within
210the jurisdiction of the governmental entity entering into the
211interlocal agreement but not within the boundaries of the
212district. The district board advisor shall be elected by
213landowners whose land is subject to enforcement by the district
214but whose land is not within the boundaries of the district. The
215district board advisor shall be elected for a 2-year term. The
216first election for a district board advisor shall be within 90
217days after the effective date of the interlocal agreement
218between the district and the government entity.
219     2.  The election of the district board advisor shall occur
220at a meeting of eligible landowners. The district shall publish
221notice of the meeting and election once a week for 2 consecutive
222weeks in a newspaper of general circulation in the area of the
223parties to the interlocal agreement. The notice must include
224instructions on how all landowners may participate in the
225election and how to obtain a proxy form. The last day of
226publication may not be less than 14 days or more than 28 days
227before the date of the election. The landowners, when assembled
228at the meeting, shall organize by electing a chair who shall
229conduct the meeting. The chair may be any person present at the
230meeting. If the chair is a landowner or proxy holder of a
231landowner, he or she may nominate candidates and make and second
232motions.
233     3.  At the meeting, each landowner is entitled to cast one
234vote per acre of land owned by him or her and located within the
235district for each person to be elected. A landowner may vote in
236person or by proxy in writing. Each proxy must be signed by one
237of the legal owners of the property for which the vote is cast
238and must contain the typed or printed name of the individual who
239signed the proxy; the street address, legal description of the
240property, or tax parcel identification number; and the number of
241authorized votes. If the proxy authorizes more than one vote,
242each property must be listed and the number of acres of each
243property must be included. The signature on a proxy need not be
244notarized. A fraction of an acre shall be treated as 1 acre,
245entitling the landowner to one vote with respect thereto. For
246purposes of determining voting interests, platted lots shall be
247counted individually and rounded up to the nearest whole acre.
248The acreage of platted lots may not be aggregated for purposes
249of determining the number of voting units held by a landowner or
250a landowner's proxy.
251     4.  If a vacancy occurs in the district advisor seat, a
252special landowner election shall be held within 60 days after
253the vacancy using the notice, proxy, and acreage voting
254provisions of this subsection.
255     Section 3.  This act shall take effect July 1, 2010.


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