Bill Text: FL H0191 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Neighborhood Improvement Districts

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2012-03-09 - Died in Finance and Tax Committee, companion bill(s) passed, see CS/HB 7041 (Ch. [H0191 Detail]

Download: Florida-2012-H0191-Introduced.html

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HB 191

1	A bill to be entitled
2	An act relating to neighborhood improvement districts;
3	amending ss. 163.2511, 163.2517, 163.2520, 163.3182,
4	163.3246, and 163.387, F.S.; conforming provisions to
5	changes made by the act; amending s. 163.501, F.S.;
6	renaming the "Safe Neighborhoods Act" as the
7	"Neighborhoods Improvement Act"; amending s. 163.502,
8	F.S.; revising legislative findings and purpose;
9	amending s. 163.503, F.S.; revising and deleting
10	definitions; amending s. 163.5035, F.S.; conforming
11	provisions to changes made by the act; amending s.
12	163.504, F.S.; authorizing the governing body of any
13	municipality or county to form a neighborhood
14	improvement district through the adoption of an
15	ordinance rather than by a planning ordinance;
16	removing provisions pertaining to the creation and
17	funding of safe neighborhood improvement districts;
18	amending s. 163.5055, F.S.; requiring each
19	neighborhood improvement district authorized under law
20	to notify the Department of Community Affairs and the
21	Department of Legal Affairs of its existence rather
22	than to register with such departments; amending s.
23	163.506, F.S.; revising provisions authorizing a local
24	governing body to create a local government
25	neighborhood improvement district; specifying that the
26	ordinance may authorize the improvement district to
27	borrow money, contract loans, and issue bonds;
28	authorizing the governing body of the improvement
29	district to levy ad valorem taxes upon real and
30	tangible personal property within the district;
31	authorizing the district to make and collect special
32	assessments; conditioning the exercise of power by the
33	local government neighborhood improvement district to
34	borrow money, contract loans, issue bonds, charge,
35	collect, and enforce fees, make and collect special
36	assessments, and levy ad valorem taxes upon real and
37	tangible personal property within the district upon
38	the approval of a referendum by the freeholders of the
39	district; providing ballot requirements; removing
40	provisions allowing an alternative organization for
41	the board of directors; amending s. 163.508, F.S.,
42	relating to property owners' association neighborhood
43	improvement districts; revising the requirements for
44	creating a property owners' association neighborhood
45	improvement district by the enactment of a separate
46	ordinance for each district; authorizing the governing
47	body to request grants from the state; amending s.
48	163.511, F.S., relating to special neighborhood
49	improvement districts; revising provisions to conform
50	to changes made by the act; revising the method of
51	appointing and removing directors of the district;
52	amending s. 163.512, F.S.; revising provisions
53	authorizing a municipality or county to create a
54	community redevelopment neighborhood improvement
55	district; authorizing the district to receive grants
56	and other funding; providing that the local governing
57	body may dissolve the district under certain
58	circumstances; repealing s. 163.513, F.S., relating to
59	crime prevention through community policing
60	innovations; amending s. 163.514, F.S.; revising the
61	powers of neighborhood improvement districts; allowing
62	the district to contract with legal counsel and other
63	needed professionals; authorizing the district to
64	collect special assessments under certain
65	circumstances and following designated procedures;
66	amending s. 163.5151, F.S.; requiring a local
67	government and a special neighborhood improvement
68	district to prepare its budget in a specified manner
69	if levying an ad valorem tax on real or personal
70	property; amending s. 163.516, F.S.; requiring
71	neighborhood improvement plans to be created for each
72	improvement district; revising the contents of the
73	neighborhood improvement district's plan; repealing s.
74	163.517, F.S., relating to the Safe Neighborhoods
75	Program; repealing s. 163.519, F.S., relating to the
76	duties of the Department of Legal Affairs relating to
77	neighborhood improvement districts; repealing s.
78	163.521, F.S., relating to funding for a neighborhood
79	improvement district inside an enterprise zone;
80	repealing s. 163.5215, F.S., relating to the effect
81	and construction of existing laws relating to
82	neighborhood improvement districts; repealing s.
83	163.522, F.S., relating to state redevelopment
84	programs; repealing s. 163.523, F.S., relating to
85	cooperation and involvement of community organizations
86	in the creation of safe neighborhood improvement
87	districts; repealing s. 163.524, F.S., relating to
88	participation in the Neighborhood Preservation and
89	Enhancement Program; repealing s. 163.526, F.S.,
90	relating to powers and duties of the Neighborhood
91	Councils and the designated agency of the local
92	government; amending ss. 376.84, 775.083, and
93	932.7055, F.S.; conforming provisions to changes made
94	by the act; providing an effective date.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Paragraph (d) of subsection (2) of section
99	163.2511, Florida Statutes, is amended to read:
100	163.2511  Urban infill and redevelopment.-
101	(2)  It is declared that:
102	(d)  State urban policies should guide the state, regional
103	agencies, local governments, and the private sector in
104	preserving and redeveloping existing urban cores and promoting
105	the adequate provision of infrastructure, human services,
106	neighborhood improvement safe neighborhoods, educational
107	facilities, and economic development to sustain these cores into
108	the future.
109	Section 2.  Paragraph (c) of subsection (3) of section
110	163.2517, Florida Statutes, is amended to read:
111	163.2517  Designation of urban infill and redevelopment
112	area.-
113	(3)  A local government seeking to designate a geographic
114	area within its jurisdiction as an urban infill and
115	redevelopment area shall prepare a plan that describes the
116	infill and redevelopment objectives of the local government
117	within the proposed area. In lieu of preparing a new plan, the
118	local government may demonstrate that an existing plan or
119	combination of plans associated with a community redevelopment
120	area, Florida Main Street program, Front Porch Florida
121	Community, sustainable community, enterprise zone, or
122	neighborhood improvement district includes the factors listed in
123	paragraphs (a)-(n), including a collaborative and holistic
124	community participation process, or amend such existing plans to
125	include these factors. The plan shall demonstrate the local
126	government and community's commitment to comprehensively address
127	the urban problems within the urban infill and redevelopment
128	area and identify activities and programs to accomplish locally
129	identified goals such as code enforcement; improved educational
130	opportunities; reduction in crime; neighborhood revitalization
131	and preservation; provision of infrastructure needs, including
132	mass transit and multimodal linkages; and mixed-use planning to
133	promote multifunctional redevelopment to improve both the
134	residential and commercial quality of life in the area. The plan
135	shall also:
136	(c)  Identify and map existing enterprise zones, community
137	redevelopment areas, community development corporations,
138	brownfield areas, downtown redevelopment districts, safe
139	neighborhood improvement districts, historic preservation
140	districts, and empowerment zones or enterprise communities
141	located within the area proposed for designation as an urban
142	infill and redevelopment area and provide a framework for
143	coordinating infill and redevelopment programs within the urban
144	core.
145	Section 3.  Subsection (2) of section 163.2520, Florida
146	Statutes, is amended to read:
147	163.2520  Economic incentives.-
148	(2)  A local government with an adopted urban infill and
149	redevelopment plan or plan employed in lieu thereof may exercise
150	the powers granted under s. 163.514 for community redevelopment
151	neighborhood improvement districts, including the authority to
152	levy special assessments.
153	Section 4.  Paragraph (a) of subsection (6) of section
154	163.3182, Florida Statutes, is amended to read:
155	163.3182  Transportation deficiencies.-
156	(6)  EXEMPTIONS.-
157	(a)  The following public bodies or taxing authorities are
158	exempt from this section:
159	1.  A special district that levies ad valorem taxes on
160	taxable real property in more than one county.
161	2.  A special district for which the sole available source
162	of revenue is the authority to levy ad valorem taxes at the time
163	an ordinance is adopted under this section. However, revenues or
164	aid that may be dispensed or appropriated to a district as
165	defined in s. 388.011 at the discretion of an entity other than
166	such district are not deemed available.
167	3.  A library district.
168	4.  A neighborhood improvement district created under the
169	Safe Neighborhoods Improvement Act.
170	5.  A metropolitan transportation authority.
171	6.  A water management district created under s. 373.069.
172	7.  A community redevelopment agency.
173	Section 5.  Paragraph (e) of subsection (2) of section
174	163.3246, Florida Statutes, is amended to read:
175	163.3246  Local government comprehensive planning
176	certification program.-
177	(2)  In order to be eligible for certification under the
178	program, the local government must:
179	(e)  Demonstrate that it has adopted programs in its local
180	comprehensive plan and land development regulations which:
181	1.  Promote infill development and redevelopment, including
182	prioritized and timely permitting processes in which
183	applications for local development permits within the
184	certification area are acted upon expeditiously for proposed
185	development that is consistent with the local comprehensive
186	plan.
187	2.  Promote the development of housing for low-income and
188	very-low-income households or specialized housing to assist
189	elderly and disabled persons to remain at home or in independent
190	living arrangements.
191	3.  Achieve effective intergovernmental coordination and
192	address the extrajurisdictional effects of development within
193	the certified area.
194	4.  Promote economic diversity and growth while encouraging
195	the retention of rural character, where rural areas exist, and
196	the protection and restoration of the environment.
197	5.  Provide and maintain public urban and rural open space
198	and recreational opportunities.
199	6.  Manage transportation and land uses to support public
200	transit and promote opportunities for pedestrian and
201	nonmotorized transportation.
202	7.  Use design principles to foster individual community
203	identity, create a sense of place, and promote pedestrian-
204	oriented safe neighborhoods and town centers.
205	8.  Redevelop blighted areas.
206	9.  Adopt a local mitigation strategy and have programs to
207	improve disaster preparedness and the ability to protect lives
208	and property, especially in coastal high-hazard areas.
209	10.  Encourage clustered, mixed-use development that
210	incorporates greenspace and residential development within
211	walking distance of commercial development.
212	11.  Encourage urban infill at appropriate densities and
213	intensities and separate urban and rural uses and discourage
214	urban sprawl while preserving public open space and planning for
215	buffer-type land uses and rural development consistent with
216	their respective character along and outside the certification
217	area.
218	12.  Assure protection of key natural areas and
219	agricultural lands that are identified using state and local
220	inventories of natural areas. Key natural areas include, but are
221	not limited to:
222	a.  Wildlife corridors.
223	b.  Lands with high native biological diversity, important
224	areas for threatened and endangered species, species of special
225	concern, migratory bird habitat, and intact natural communities.
226	c.  Significant surface waters and springs, aquatic
227	preserves, wetlands, and outstanding Florida waters.
228	d.  Water resources suitable for preservation of natural
229	systems and for water resource development.
230	e.  Representative and rare native Florida natural systems.
231	13.  Ensure the cost-efficient provision of public
232	infrastructure and services.
233	Section 6.  Paragraph (c) of subsection (2) of section
234	163.387, Florida Statutes, is amended to read:
235	163.387  Redevelopment trust fund.-
236	(2)
237	(c)  The following public bodies or taxing authorities are
238	exempt from paragraph (a):
239	1.  A special district that levies ad valorem taxes on
240	taxable real property in more than one county.
241	2.  A special district for which the sole available source
242	of revenue the district has the authority to levy is ad valorem
243	taxes at the time an ordinance is adopted under this section.
244	However, revenues or aid that may be dispensed or appropriated
245	to a district as defined in s. 388.011 at the discretion of an
246	entity other than such district shall not be deemed available.
247	3.  A library district, except a library district in a
248	jurisdiction where the community redevelopment agency had
249	validated bonds as of April 30, 1984.
250	4.  A neighborhood improvement district created under the
251	Safe Neighborhoods Improvement Act.
252	5.  A metropolitan transportation authority.
253	6.  A water management district created under s. 373.069.
254	Section 7.  Section 163.501, Florida Statutes, is amended
255	to read:
256	163.501  Short title.-This part may be cited as the "Safe
257	Neighborhoods Improvement Act."
258	Section 8.  Section 163.502, Florida Statutes, is amended
259	to read:
260	163.502  Safe Neighborhoods improvement; legislative
261	findings and purpose.-
262	(1)  The Legislature hereby finds and declares that among
263	the many causes of deterioration in the business and residential
264	neighborhoods of the state are the following: proliferation of
265	crime, automobile traffic flow strangled by outmoded street
266	patterns, unsuitable topography, faulty lot layouts,
267	fragmentation of land uses and parking areas necessitating
268	frequent automobile movement, lack of separation of pedestrian
269	areas from automobile traffic, lack of separation of vehicle
270	traffic lanes and railroad traffic, and excessive noise levels
271	from automobile traffic, and lack of adequate public
272	improvements such as streets, street lights, street furniture,
273	street landscaping, sidewalks, traffic signals, way-finding
274	signs, mass transit, stormwater systems, and other public
275	utilities and improvements.
276	(2)  The Legislature further finds and declares that
277	healthy and vibrant safe neighborhoods are the product of
278	planning and implementation of appropriate environmental design
279	concepts, comprehensive planning crime prevention programs, land
280	use recommendations, and beautification techniques.
281	(3)  The Legislature further finds and declares that the
282	provisions of this part and the powers granted to local
283	governments, property owners' associations, special dependent
284	districts, and community redevelopment neighborhood improvement
285	districts are desirable to guide and accomplish the coordinated,
286	balanced, and harmonious development of healthy and vibrant safe
287	neighborhoods; to promote the health, safety, and general
288	welfare of these areas and their inhabitants, visitors, property
289	owners, and workers; to establish, maintain, and preserve
290	property values and preserve and foster the development of
291	attractive neighborhood and business environments; to prevent
292	overcrowding and congestion; and to improve or redirect
293	automobile traffic and provide pedestrian safety; to reduce
294	crime rates and the opportunities for the commission of crime;
295	and to provide improvements in neighborhoods so they are
296	defensible against crime.
297	(4)  It is the intent of the Legislature to assist local
298	governments in implementing plans that improve the employ crime
299	prevention through community policing innovations, environmental
300	design, environmental security, and defensible space techniques
301	to establish safe neighborhoods of this state. The Legislature,
302	therefore, declares that the development, redevelopment,
303	preservation, and revitalization of neighborhoods in this state,
304	and all the purposes of this part, are public purposes for which
305	public money may be borrowed, expended, loaned, and granted.
306	Section 9.  Section 163.503, Florida Statutes, is amended
307	to read:
308	163.503  Safe neighborhoods; Definitions.-
309	(1)  "Safe Neighborhood improvement district," "district,"
310	or "neighborhood improvement district" means a district located
311	in an area in which more than 75 percent of the land is used for
312	residential purposes, or in an area in which more than 75
313	percent of the land is used for commercial, office, business, or
314	industrial purposes, excluding the land area used for public
315	facilities, and where there is a plan to reduce crime through
316	the implementation of crime prevention through environmental
317	design, environmental security, or defensible space techniques,
318	or through community policing innovations. Nothing in This
319	section does not shall preclude the inclusion of public land in
320	a neighborhood improvement district although the amount of land
321	used for public facilities is excluded from the land use acreage
322	calculations.
323	(2)  "Association" means a property owners' association
324	which is incorporated for the purpose of creating and operating
325	a neighborhood improvement district.
326	(3)  "Department" means the Department of Legal Affairs.
327	(4)  "Board" means the board of directors of a neighborhood
328	improvement district, which may be the governing body of a
329	municipality or county or the officers of a property owners'
330	association or the board of directors of a special neighborhood
331	improvement district or community redevelopment neighborhood
332	improvement district.
333	(5)  "Environmental security" means an urban planning and
334	design process which integrates crime prevention with
335	neighborhood design and community development.
336	(6)  "Crime prevention through environmental design" means
337	the planned use of environmental design concepts such as natural
338	access control, natural surveillance, and territorial
339	reinforcement in a neighborhood or community setting which is
340	designed to reduce criminal opportunity and foster positive
341	social interaction among the legitimate users of that setting.
342	(7)  "Defensible space" means an architectural perspective
343	on crime prevention through physical design of the environment
344	to create the ability to monitor and control the environment
345	along individual perceived zones of territorial influence that
346	result in a proprietary interest and a felt responsibility.
347	(8)  "Enterprise zone" means an area designated pursuant to
348	s. 290.0065.
349	(9)  "Community policing innovation" means techniques or
350	strategies as defined by s. 163.340.
351	Section 10.  Section 163.5035, Florida Statutes, is amended
352	to read:
353	163.5035  Safe Neighborhood improvement districts;
354	compliance with special district provisions.-Any special
355	district created pursuant to this part shall comply with all
356	applicable provisions contained in chapter 189. In cases where a
357	provision contained in this part conflicts with a provision in
358	chapter 189, the provision in chapter 189 shall prevail.
359	Section 11.  Section 163.504, Florida Statutes, is amended
360	to read:
361	163.504  Safe Neighborhood improvement districts; planning
362	funds.-
363	(1)  The governing body of any municipality or county may
364	authorize the formation of safe neighborhood improvement
365	districts through the adoption of an a planning ordinance that
366	which specifies that such districts may be created by one or
367	more of the methods established in ss. 163.506, 163.508,
368	163.511, and 163.512. A No district may not overlap the
369	jurisdictional boundaries of a municipality and the
370	unincorporated area of a county, unless approved except by
371	interlocal agreement.
372	(2)  If the governing body of a municipality or county
373	elects to create a safe neighborhood improvement district, it
374	shall be eligible to request a grant from the Safe Neighborhoods
375	Program, created pursuant to s. 163.517 and administered by the
376	Department of Legal Affairs, to prepare a safe neighborhood
377	improvement plan for the district.
378	(3)  Municipalities and counties may implement the
379	provisions of this section without planning funds from the
380	Department of Legal Affairs. However, nothing in this section
381	shall be construed to exempt any district from the requirements
382	of providing a safe neighborhood improvement plan pursuant to s.
383	163.516.
384	Section 12.  Section 163.5055, Florida Statutes, is amended
385	to read:
386	163.5055  Notice Registration of district establishment;
387	notice of dissolution.-
388	(1)(a)  Each neighborhood improvement district authorized
389	and established under this part shall within 30 days thereof
390	notify register with both the Department of Community Affairs
391	and the Department of Legal Affairs by providing these
392	departments with the district's name, location, size, and type,
393	and such other information as the departments may request
394	require.
395	(2)(b)  Each local governing body that which authorizes the
396	dissolution of a district shall notify both the Department of
397	Community Affairs and the Department of Legal Affairs within 30
398	days after the dissolution of the district.
399	(2)  This section shall apply to all neighborhood
400	improvement districts established on or after July 1, 1987.
401	Section 13.  Section 163.506, Florida Statutes, is amended
402	to read:
403	163.506  Local government neighborhood improvement
404	districts; creation; advisory council; dissolution.-
405	(1)  After an a local planning ordinance has been adopted
406	authorizing the creation of local government neighborhood
407	improvement districts, the local governing body of a
408	municipality or county may create local government neighborhood
409	improvement districts by the enactment of a separate ordinance
410	for each district, which ordinance:
411	(a)  Specifies the boundaries, size, and name of the
412	district.
413	(b)  Authorizes the district to receive grants a planning
414	grant from the department.
415	(c)  Authorizes the local government neighborhood
416	improvement district to levy an ad valorem tax on real and
417	personal property of up to 2 mills annually.
418	(d)  Authorizes the use of special assessments to support
419	planning and implementation of district improvements pursuant to
420	the provisions of s. 163.514(16), if the district is a
421	residential local government neighborhood improvement district
422	including community policing innovations.
423	(e)  Designates the local governing body as the board of
424	directors of the district.
425	(f)  Establishes an advisory council to the board of
426	directors comprised of property owners, representatives of
427	property owners, business owners, or residents of the district.
428	(g)  May prohibit the use of any district power authorized
429	by s. 163.514.
430	(h)  Requires the district to notify the Department of
431	Legal Affairs and the Department of Community Affairs in writing
432	of its establishment within 30 days thereof pursuant to s.
433	163.5055.
434	(i)  Authorizes the district to borrow money, contract
435	loans, and issue bonds, certificates, warrants, notes, or other
436	evidence of indebtedness from time to time to finance the
437	undertaking of any capital or other project for the purposes
438	permitted by the State Constitution and this part and may pledge
439	the funds, credit, property, and taxing power of the improvement
440	district for the payment of such debts and bonds.
441	1.  Bonds issued under this part shall be authorized by
442	resolution of the governing board of the district and, if
443	required by the State Constitution, by affirmative vote of the
444	electors of the district. Such bonds may be issued in one or
445	more series and shall bear such date or dates, be payable upon
446	demand or mature at such time or times, bear interest at such
447	rate or rates, be in such denomination or denominations, be in
448	such form, registered or not, with or without coupon, carry such
449	conversion or registration privileges, have such rank or
450	priority, be executed in such manner, be payable in such medium
451	of payment, at such place or places, and subject to such terms
452	of redemption, with or without premium, be secured in such
453	manner, and have such other characteristics as may be provided
454	by such resolution or trust indenture or mortgage issued
455	pursuant thereto.
456	2.  The governing body of the district shall determine the
457	terms and manner of sale and distribution or other disposition
458	of any and all bonds it may issue, consistent with s. 218.385,
459	and shall have any and all powers necessary and convenient to
460	such disposition.
461	3.  The governing body of the district may establish and
462	administer such sinking funds as it deems necessary or
463	convenient for the payment, purchase, or redemption of any
464	outstanding bonded indebtedness of the district.
465	4.  The governing body of the improvement district may levy
466	ad valorem taxes upon real and tangible personal property within
467	the district as it deems necessary to make payment, including
468	principal and interest, upon the general obligation and ad
469	valorem bonded indebtedness of the district or into any sinking
470	fund created pursuant to this part.
471	5.  This part shall be full authority for the issuance of
472	bonds authorized herein.
473	(j)  Authorizes the district to make and collect special
474	assessments pursuant to ss. 197.3632 and 197.3635 to pay for
475	capital improvements within the district and for reasonable
476	expenses of operating the district, including the payment of
477	expenses included in the district's budget, if the district is a
478	commercial local government neighborhood improvement district.
479	Such assessments may not exceed $1,500 for each individual
480	parcel of land per year.
481	(k)  Authorizes the district to charge, collect, and
482	enforce fees and other user charges.
483	(l)  Conditions the exercise of the powers provided in
484	paragraphs (c), (i), and (j) on approval pursuant to a
485	referendum as described in this paragraph:
486	1.  Within 45 days after the date the governing body of the
487	municipality or county enacts an ordinance pursuant to this
488	subsection defining the boundaries of the proposed improvement
489	district, the city clerk or the supervisor of elections,
490	whichever is appropriate, shall certify such ordinance or
491	petition and compile a list of the names and last known
492	addresses of the freeholders in the proposed local government
493	neighborhood improvement district from the tax assessment roll
494	of the county applicable as of December 31 in the year preceding
495	the year in which the ordinance was enacted. Except as otherwise
496	provided in this paragraph, the list shall constitute the
497	registration list for the purposes of the freeholders'
498	referendum required under this paragraph.
499	2.  Within 45 days after compilation of the freeholders'
500	registration list pursuant to subparagraph 1., the city clerk or
501	the supervisor of elections shall notify each such freeholder of
502	the general provisions of this paragraph, including the taxing
503	authority and the date of the upcoming referendum, and the
504	method provided for submitting corrections to the registration
505	list if the status of the freeholder has changed since the
506	compilation of the tax rolls. Notification shall be by first-
507	class United States mail and, in addition thereto, by
508	publication one time in a newspaper of general circulation in
509	the county or municipality in which the district is located.
510	3.  Any freeholder whose name does not appear on the tax
511	rolls compiled pursuant to subparagraph 1. may register to vote
512	with the city clerk or the supervisor of elections. The
513	registration list shall remain open for 75 days after enactment
514	of the ordinance defining the local government neighborhood
515	improvement district.
516	4.  Within 15 days after the closing of the registration
517	list, the city clerk or the supervisor of elections shall send a
518	ballot to each registered freeholder at his or her last known
519	mailing address by first-class United States mail. The ballot
520	shall include:
521	a.  A description of the general provisions of this
522	paragraph applicable to local government neighborhood
523	improvement districts;
524	b.  The assessed value of the freeholder's property;
525	c.  The percent of the freeholder's interest in such
526	property; and
527	d.  Immediately following the information required in sub-
528	subparagraphs a.-c., the following:
529
530	"Do you favor authorizing the .... Local Government
531	Neighborhood Improvement District to levy up to 2
532	mills of ad valorem taxes by such proposed district?
533
534	....Yes, for authorizing the levy of up to 2 mills of
535	ad valorem taxes by such proposed district.
536
537	....No, against authorizing the levy of up to 2 mills
538	of ad valorem taxes by such proposed district."
539
540	"Do you favor authorizing the .... Local Government
541	Neighborhood Improvement District to borrow money,
542	including the issuance of bonds, as provided by s.
543	163.506(1)(i)?
544
545	....Yes, for authorizing the borrowing of money for
546	district purposes.
547
548	....No, against authorizing the borrowing of money for
549	district purposes."
550
551	"Do you favor authorizing the .... Local Government
552	Neighborhood Improvement District to impose a special
553	assessment of not greater than $1,500 for each
554	individual parcel of land per year to pay for the
555	expenses of operating the neighborhood improvement
556	district and for approved capital improvements?
557
558	....Yes, for the special assessment.
559
560	....No, against the special assessment."
561
562	5.  Ballots shall be returned by first-class United States
563	mail or by personal delivery.
564	6.  All ballots received within 120 days after enactment of
565	the ordinance shall be tabulated by the city clerk or the
566	supervisor of elections, who shall certify the results thereof
567	to the city council or county commission no later than 5 days
568	after the 120-day period.
569	7.  The freeholders shall be deemed to have approved of the
570	provisions of this paragraph at such time as the city clerk or
571	the supervisor of elections certifies to the governing body of
572	the municipality or county that approval has been given by
573	freeholders representing in excess of 50 percent of the assessed
574	value of the property within the local government neighborhood
575	improvement district.
576	8.  The city clerk or the supervisor of elections,
577	whichever is appropriate, shall enclose with each ballot sent
578	pursuant to this paragraph two envelopes: a secrecy envelope,
579	into which the freeholder shall enclose the marked ballot; and a
580	mailing envelope, into which the freeholder shall then place the
581	secrecy envelope, which shall be addressed to the city clerk or
582	the supervisor of elections. The back side of the mailing
583	envelope shall bear a certificate in substantially the following
584	form:
585
586	NOTE: PLEASE READ INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT
587	AND COMPLETING VOTER'S CERTIFICATE.
588
589	VOTER'S CERTIFICATE
590
591	I, ...., am a duly qualified and registered freeholder of
592	the proposed...(name)... local government neighborhood
593	improvement district; and I am entitled to vote this ballot. I
594	do solemnly swear or affirm that I have not and will not vote
595	more than one ballot in this election. I understand that failure
596	to sign this certificate and have my signature witnessed will
597	invalidate my ballot.
598
599	...(Voter's Signature)
600
601	NOTE: YOUR SIGNATURE MUST BE WITNESSED BY ONE WITNESS 18 YEARS
602	OF AGE OR OLDER AS PROVIDED IN THE INSTRUCTION SHEET.
603	I swear or affirm that the elector signed this voter's
604	certificate in my presence.
605
606	...(Signature of Witness)...
607	...(Address)......(City/State)
608
609	9.  The certificate shall be arranged on the back of the
610	mailing envelope so that the lines for the signatures of the
611	freeholder and the attesting witness are across the seal of the
612	envelope; however, no statement shall appear on the envelope
613	which indicates that a signature of the freeholder or witness
614	must cross the seal of the envelope. The freeholder and the
615	attesting witness shall execute the certificate on the envelope.
616	10.  The city clerk or the supervisor of elections shall
617	enclose with each ballot sent to a freeholder pursuant to this
618	paragraph separate printed instructions in substantially the
619	following form:
620
621	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
622
623	a.  VERY IMPORTANT. In order to ensure that your ballot
624	will be counted, it should be completed and returned as soon as
625	possible so that it can reach the city clerk or the supervisor
626	of elections no later than 7 p.m. on the (final day of the 120-
627	day period given here).
628	b.  Mark your ballot in secret as instructed on the ballot.
629	c.  Place your marked ballot in the enclosed secrecy
630	envelope.
631	d.  Insert the secrecy envelope into the enclosed mailing
632	envelope, which is addressed to the city clerk or the supervisor
633	of elections.
634	e.  Seal the mailing envelope and completely fill out the
635	Voter's Certificate on the back of the mailing envelope.
636	f.  VERY IMPORTANT. Sign your name on the line provided for
637	"(Voter's Signature)."
638	g.  VERY IMPORTANT. In order for your ballot to be counted,
639	it must include the signature and address of a witness 18 years
640	of age or older affixed to the Voter's Certificate.
641	h.  Mail, deliver, or have delivered the completed mailing
642	envelope. Be sure there is sufficient postage if mailed.
643	(2)  The advisory council shall perform such duties as may
644	be prescribed by the governing body and shall submit within the
645	time period specified by the governing body, acting as the board
646	of directors, a report on the district's activities and a
647	proposed budget to accomplish its objectives. In formulating a
648	plan for services or improvements the advisory board shall
649	consult in public session with the appropriate staff or
650	consultants of the local governing body responsible for the
651	district's plan.
652	(3)  As an alternative to designating the local governing
653	body as the board of directors, a majority of the local
654	governing body of a city or county may appoint a board of three
655	to seven directors for the district who shall be residents of
656	the proposed area and who are subject to ad valorem taxation in
657	the residential neighborhood improvement district or who are
658	property owners in a commercial neighborhood improvement
659	district. The directors shall be appointed for staggered terms
660	of 3 years. The initial appointments shall be as follows: one
661	director for a 1-year term; one director for a 2-year term; and
662	one director for a 3-year term. If more than three directors are
663	to be appointed, the additional members shall initially be
664	appointed for 3-year terms. Vacancies shall be filled for the
665	unexpired portion of a term in the same manner as the initial
666	appointments were made. Each director shall hold office until
667	his or her successor is appointed and qualified unless the
668	director ceases to be qualified or is removed from office. Upon
669	appointment and qualification and in January of each year, the
670	directors shall organize by electing from their number a chair
671	and a secretary.
672	(3)(4)  A district may be dissolved by the governing body
673	by rescinding the ordinance creating the district. The governing
674	body may rescind shall consider rescinding the ordinance if
675	presented with a petition requesting that it be rescinded.
676	Petitions related to a residential neighborhood improvement
677	district must contain containing the signatures of 60 percent of
678	the residents. Petitions related to a commercial neighborhood
679	improvement district must contain signatures representing owners
680	of 60 percent of the land area of the of a district.
681	Section 14.  Section 163.508, Florida Statutes, is amended
682	to read:
683	163.508  Property owners' association neighborhood
684	improvement districts; creation; powers and duties; duration.-
685	(1)  After an a local planning ordinance has been adopted
686	authorizing the creation of property owners' association
687	neighborhood improvement districts, the local governing body of
688	a municipality or county may create property owners' association
689	neighborhood improvement districts by the enactment of a
690	separate ordinance for each district, which ordinance:
691	(a)  Establishes that an incorporated property owners'
692	association representing 75 percent of all owners of property
693	within a proposed district meeting the requirements of this
694	section has petitioned the governing body of the municipality or
695	county for creation of a district for the area encompassed by
696	the property owned by members of the association.
697	(b)  Specifies the boundaries, size, and name of the
698	district.
699	(c)  Authorizes the governing body through mutual agreement
700	with the property owners' association to:
701	1.  Request grants a matching grant from the state's Safe
702	Neighborhoods Program to prepare the first year's safe
703	neighborhood improvement plan. The provider of the local match
704	for the state grant shall be mutually agreed upon between the
705	governing body and the property owners' association. The
706	governing body may agree to provide the match as a no-interest-
707	bearing loan to be paid back from assessments imposed by the
708	association on its members or shareholders.
709	2.  Provide staff and other technical assistance to the
710	property owners' association on a mutually agreed-upon basis,
711	contractual or otherwise.
712	3.  Prepare the first year's safe neighborhood improvement
713	plan, which shall comply with and be consistent with the
714	governing body's adopted comprehensive plan.
715	(d)  Provides for an audit of the property owners'
716	association.
717	(e)  Designates the officers of the incorporated property
718	owners' association as the board of directors of the district.
719	(f)  May prohibit the use of any district power authorized
720	by s. 163.514.
721	(g)  Requires the district to notify the Department of
722	Legal Affairs and the Department of Community Affairs in writing
723	of its establishment within 30 days thereof pursuant to s.
724	163.5055.
725	(2)  In order to qualify for the creation of a neighborhood
726	improvement district, the property owners shall form an
727	association in compliance with this section, or use an existing
728	property owners' association in compliance with this section,
729	which shall be a corporation, for profit or not for profit. At
730	least, and of which not less than 75 percent of all property
731	owners within the proposed area must consent have consented in
732	writing to become members or shareholders. Upon such consent by
733	75 percent of the property owners in the proposed district, all
734	consenting property owners and their successors shall become
735	members of the association and shall be bound by the provisions
736	of the articles of incorporation, the bylaws of the association,
737	the covenants, the deed restrictions, the indentures, and any
738	other properly promulgated restrictions. The association shall
739	have no member or shareholder who is not a bona fide owner of
740	property within the proposed district. Upon receipt of its
741	certificate of incorporation, the property owners' association
742	shall notify the clerk of the city or county court, whichever is
743	appropriate, in writing, of such incorporation and shall list
744	the names and addresses of the officers of the association.
745	(3)  Any incorporated property owners' association
746	operating pursuant to this part has shall have the power:
747	(a)  To negotiate with the governing body of a municipality
748	or county for closing, privatizing, or modifying the rights-of-
749	way, and appurtenances thereto, within the district.
750	(b)  To use utilize various legal instruments such as
751	covenants, deed restrictions, and indentures to preserve and
752	maintain the integrity of property, land, and rights-of-way
753	owned and conveyed to it within the district.
754	(c)  To make and collect assessments against all property
755	within the boundaries of the district pursuant to the provisions
756	of s. 163.514(16) and to lease, maintain, repair, and
757	reconstruct any privatized street, land, or common area within
758	the district upon dedication thereof to the association.
759	(d)  Without the joinder of any property owner, to modify,
760	move, or create any easement for ingress and egress or for the
761	purpose of utilities, if such easement constitutes part of or
762	crosses district property. However, this does shall not
763	authorize the association to modify or move any easement that
764	which is created in whole or in part for the use or benefit of
765	anyone other than association members, or which crosses the
766	property of anyone other than association members, without the
767	consent or approval of such person as required by law or by the
768	instrument creating the easement. Nothing in this paragraph
769	shall affect the rights of ingress or egress of any member of
770	the association.
771	(4)  A property owners' association neighborhood
772	improvement district shall continue in perpetuity as long as the
773	property owners' association created pursuant to this section
774	exists under the applicable laws of the state.
775	Section 15.  Subsections (1), (7), (8), and (10) of section
776	163.511, Florida Statutes, are amended to read:
777	163.511  Special neighborhood improvement districts;
778	creation; referendum; board of directors; duration; extension.-
779	(1)  After an a local planning ordinance has been adopted
780	authorizing the creation of special neighborhood improvement
781	districts, the governing body of a municipality or county may
782	declare the need for and create special residential or business
783	neighborhood improvement districts by the enactment of a
784	separate ordinance for each district, which ordinance:
785	(a)  Conditions the implementation of the ordinance on the
786	approval of a referendum as provided in subsection (2).
787	(b)  Authorizes the special neighborhood improvement
788	district to levy an ad valorem tax on real and personal property
789	of up to 2 mills annually.
790	(c)  Authorizes the use of special assessments to support
791	planning and implementation of district improvements pursuant to
792	the provisions of s. 163.514(16), including community policing
793	innovations.
794	(d)  Specifies the boundaries, size, and name of the
795	district.
796	(e)  Authorizes the district to receive a planning grant
797	from the department.
798	(f)  Provides for the appointment of a 3-member board of
799	directors for the district.
800	(g)  May authorize a special neighborhood improvement
801	district to exercise the power of eminent domain pursuant to
802	chapters 73 and 74. Any property identified for eminent domain
803	by the district shall be subject to the approval of the local
804	governing body before eminent domain procedures are exercised.
805	(h)  May prohibit the use of any district power authorized
806	by s. 163.514.
807	(i)  Requires the district to notify the Department of
808	Legal Affairs and the Department of Community Affairs in writing
809	of its establishment within 30 days thereof pursuant to s.
810	163.5055.
811	(j)  May authorize a special neighborhood improvement
812	district to develop and implement community policing innovations
813	in consultation with the local law enforcement agency having
814	jurisdiction within the district boundaries.
815	(7)  The business and affairs of a special neighborhood
816	improvement district shall be conducted and administered by a
817	board of three directors who shall be residents of or property
818	owners within the proposed area and who are subject to ad
819	valorem taxation in the district. Upon their initial appointment
820	and qualification and in January of each year thereafter, the
821	directors shall organize by electing from their number a chair
822	and a secretary, and may also employ staff and legal
823	representatives as deemed appropriate, who shall serve at the
824	pleasure of the board and may receive such compensation as shall
825	be fixed by the board. The secretary shall keep a record of the
826	proceedings of the district and shall be custodian of all books
827	and records of the district. The directors may shall not receive
828	any compensation for their services, nor may they be employed by
829	the district.
830	(8)  Within 30 days of the approval of the creation of a
831	special neighborhood improvement district, if the district is in
832	a municipality, a majority of the governing body of the
833	municipality, or if the district is in the unincorporated area
834	of the county, a majority of the county commission, shall
835	appoint the three directors provided for herein for staggered
836	terms of 3 years. The initial appointments shall be as follows:
837	one for a 1-year term, one for a 2-year term, and one for a 3-
838	year term. Each director shall hold office until his or her
839	successor is appointed and qualified unless the director ceases
840	to be qualified to act as a director or is removed from office.
841	Vacancies on the board shall be filled for the unexpired portion
842	of a term in the same manner as the initial appointments were
843	made.
844	(10)  The governing body of a municipality or county may
845	remove a director for inefficiency, neglect of duty, or
846	misconduct in office only after a hearing and only if he or she
847	has been given a copy of the charges at least 10 days prior to
848	such hearing and has had an opportunity to be heard in person or
849	by counsel. A vacancy so created shall be filled as provided
850	herein.
851	Section 16.  Section 163.512, Florida Statutes, is amended
852	to read:
853	163.512  Community redevelopment neighborhood improvement
854	districts; creation; advisory council; dissolution.-
855	(1)  Upon the recommendation of the community redevelopment
856	agency and after an a local planning ordinance has been adopted
857	authorizing the creation of community redevelopment neighborhood
858	improvement districts, the local governing body of a
859	municipality or county may create community redevelopment
860	neighborhood improvement districts by the enactment of a
861	separate ordinance for each district, which ordinance:
862	(a)  Specifies the boundaries, size, and name of the
863	district.
864	(b)  Authorizes the district to receive grants a planning
865	grant from the department.
866	(c)  Authorizes the use of the community redevelopment
867	trust fund created pursuant to s. 163.387 for the purposes of
868	implementing the district's safe neighborhood improvement plan
869	and furthering crime prevention through community policing
870	innovations, environmental design, environmental security, and
871	defensible space techniques, if the expenditures from the
872	community redevelopment trust fund are consistent with the
873	community redevelopment plan created pursuant to s. 163.360.
874	(d)  Designates the community redevelopment board of
875	commissioners established pursuant to s. 163.356 or s. 163.357
876	as the board of directors for the district.
877	(e)  Establishes an advisory council to the board of
878	directors comprised of property owners or residents of the
879	district.
880	(f)  May prohibit the use of any district power authorized
881	by s. 163.514.
882	(g)  Requires that the district's safe neighborhood
883	improvement plan be consistent with the community redevelopment
884	plan created pursuant to s. 163.360, and permits the safe
885	neighborhood improvement plan to be included in the community
886	redevelopment plan as an optional element.
887	(h)  Requires that the boundaries of the community
888	redevelopment district be contained in whole within the
889	community redevelopment area established pursuant to ss. 163.355
890	and 163.356.
891	(i)  Requires the district to notify the Department of
892	Legal Affairs and the Department of Community Affairs in writing
893	of its establishment within 30 days thereof pursuant to s.
894	163.5055.
895	(2)  The advisory council shall perform such duties as may
896	be prescribed by the community redevelopment board established
897	pursuant to s. 163.356 and shall submit within the time period
898	specified by the board of directors a report on the district's
899	activities and a proposed budget to accomplish its objectives.
900	In formulating a plan for services or improvements, the advisory
901	council shall consult in public session with the appropriate
902	staff or consultants of the community redevelopment board
903	responsible for the district's plan.
904	(3)  A district may be dissolved by the local governing
905	body by rescinding the ordinance creating the district. The
906	governing body may rescind shall consider rescinding the
907	ordinance if presented with a petition containing the signatures
908	of 60 percent of the residents of a district.
909	Section 17.  Section 163.513, Florida Statutes, is
910	repealed.
911	Section 18.  Section 163.514, Florida Statutes, is amended
912	to read:
913	163.514  Powers of neighborhood improvement districts.-
914	Unless prohibited by ordinance, the board of any district is
915	shall be empowered to:
916	(1)  Enter into contracts and agreements and sue and be
917	sued as a body corporate.
918	(2)  Have and use a corporate seal.
919	(3)  Acquire, own, convey, or otherwise dispose of, lease
920	as lessor or lessee, construct, maintain, improve, enlarge,
921	raze, relocate, operate, and manage property and facilities of
922	whatever type to which it holds title and grant and acquire
923	licenses, easements, and options with respect thereto.
924	(4)  Accept grants and donations of any type of property,
925	labor, or other thing of value from any public or private
926	source.
927	(5)  Have exclusive control of funds legally available to
928	it, subject to limitations imposed by law or by any agreement
929	validly entered into by it.
930	(6)  Cooperate and contract with other governmental
931	agencies or other public bodies.
932	(7)  Contract for services of planners, engineers,
933	attorneys, and other planning consultants, experts on crime
934	prevention through community policing innovations, environmental
935	design, environmental security, or defensible space, or other
936	experts in areas pertaining to the operations of the board of
937	directors or the district.
938	(8)  Contract with the county or municipal government for
939	planning assistance, legal advice, and for increased levels of
940	law enforcement protection and security, including additional
941	personnel.
942	(9)  Promote and advertise the commercial advantages of the
943	district so as to attract new businesses and encourage the
944	expansion of existing businesses.
945	(10)  Promote and advertise the district to the public and
946	engage in cooperative advertising programs with businesses
947	located in the district.
948	(11)  Improve, plan, design, construct, operate, provide,
949	and maintain street lighting, parks, streets, drainage,
950	utilities, swales, parking facilities, transit, landscaping, and
951	open areas, and provide safe access to mass transportation
952	facilities in the district.
953	(12)  Undertake innovative approaches to securing
954	neighborhoods from crime, such as crime prevention through
955	community policing innovations, environmental design,
956	environmental security, and defensible space.
957	(13)  Privatize, close, vacate, plan, or replan streets,
958	roads, sidewalks, and alleys, subject to the concurrence of the
959	local governing body and, if required, the state Department of
960	Transportation.
961	(14)  Prepare, adopt, implement, and modify a safe
962	neighborhood improvement plan for the district.
963	(15)  Identify areas with blighted influences, including,
964	but not limited to, areas where unlawful urban dumping or
965	graffiti are prevalent, and develop programs for eradication
966	thereof.
967	(16)(a)  Subject to referendum approval, and for special,
968	community redevelopment, and property owners' association
969	neighborhood improvement districts only, make and collect
970	special assessments pursuant to ss. 197.3632 and 197.3635 to pay
971	for improvements to the district and for reasonable expenses of
972	operating the district, including the payment of expenses
973	included in the district's budget, subject to an affirmative
974	vote by a majority of the registered voters residing in the
975	district. Such assessments shall not exceed $500 for each
976	individual parcel of land per year. Notwithstanding the
977	provisions of s. 101.6102, the referendum to approve the special
978	assessment shall be by mail ballot.
979	(b)  In order to implement this subsection, the city clerk
980	or the supervisor of elections, whichever is appropriate, shall
981	compile a list of the names and last known addresses of the
982	electors in the neighborhood improvement district from the list
983	of registered voters of the county as of the last day of the
984	preceding month. The same shall constitute the registration list
985	for the purposes of a referendum. Within 45 days after
986	compilation of the voter registration list, the city clerk or
987	the supervisor of elections shall notify each elector of the
988	general provisions of this section, including the taxing
989	authority and the date of the upcoming referendum. Notification
990	shall be by United States mail and, in addition thereto, by
991	publication one time in a newspaper of general circulation in
992	the county or municipality in which the district is located.
993	(c)  Any resident of the district whose name does not
994	appear on the list compiled pursuant to paragraph (b) may
995	register to vote as provided by law. The registration list shall
996	remain open for 75 days after the notification required in
997	paragraph (b).
998	(d)  Within 15 days after the closing of registration, the
999	city clerk or the supervisor of elections shall send a ballot to
1000	each elector at his or her last known mailing address by first-
1001	class United States mail. The ballot shall include:
1002	1.  A description of the general provisions of this section
1003	applicable to the neighborhood improvement district; and
1004	2.  Immediately following said information, the following:
1005
1006	"Do you favor the imposition of a special assessment
1007	of not greater than $500 for each individual parcel of
1008	land per year to pay for the expenses of operating the
1009	neighborhood improvement district?
1010
1011	....Yes, for the special assessment.
1012
1013	....No, against the special assessment."
1014
1015	(e)  Ballots shall be returned by United States mail or by
1016	personal delivery.
1017	(f)  All ballots received within 60 days after the closing
1018	of registration shall be tabulated by the city clerk or the
1019	supervisor of elections, who shall certify the results thereof
1020	to the city governing body or county commission no later than 5
1021	days after said 60-day period.
1022	(17)  Exercise all lawful powers incidental to the
1023	effective and expedient exercise of the foregoing powers.
1024	Section 19.  Subsections (3) and (4) of section 163.5151,
1025	Florida Statutes, are amended to read:
1026	163.5151  Fiscal management; budget preparation.-
1027	(3)  Each local government and special neighborhood
1028	improvement district levying an ad valorem tax on real or
1029	personal property shall establish its budget pursuant to the
1030	provisions of chapter 200. Before adopting Prior to adoption of
1031	the final budget and setting of the millage rate to be levied by
1032	the board, the board shall submit a tentative budget and
1033	proposed millage rate of the district to the governing body of
1034	the municipality in which the district is located, or to the
1035	county if the district is located in the unincorporated portion
1036	of the county, for approval or disapproval. Such governing body
1037	shall have the power to modify the budget or millage submitted
1038	by the board. Subsequent to approval, the board shall adopt its
1039	final budget and millage rate in accordance with the
1040	requirements of chapter 200.
1041	(4)  At the option of the county property appraiser for the
1042	county within which the neighborhood improvement district is
1043	located, the assessments levied by the district may shall be
1044	collected in the same manner as all ad valorem taxes if so
1045	requested by the local governing body pursuant to s. 197.363.
1046	Section 20.  Section 163.516, Florida Statutes, is amended
1047	to read:
1048	163.516  Safe Neighborhood improvement plans.-
1049	(1)  A safe neighborhood improvement plan is mandated for
1050	all neighborhood improvement districts. The plan must shall
1051	contain at least the following elements:
1052	(a)  Demographics of the district.
1053	(b)  Crime activity data and analysis.
1054	(b)(c)  Land use, zoning, housing, and traffic analysis.
1055	(d)  Determination of the problems of the crime-to-
1056	environment relationship and the stability of the neighborhood
1057	improvement district.
1058	(c)(e)  Statement of the district's goal and objectives.
1059	(f)  Assessment of crime prevention through community
1060	policing innovations, environmental design, environmental
1061	security, and defensible space strategies and tactics that will
1062	be applied to the crime-to-environment relationship problems.
1063	(g)  Cost estimates and the methods of financing.
1064	(h)  Outline of program participants and their functions
1065	and responsibilities.
1066	(i)  Schedule for executing program activities.
1067	(j)  Evaluation guidelines.
1068	(2)  Every safe neighborhood improvement plan must shall
1069	show, by diagram and by general explanation:
1070	(a)  Such property as is intended for use as public parks,
1071	recreation areas, streets, public utilities, and public
1072	improvements of any nature.
1073	(b)  Specific identification of any publicly funded capital
1074	improvement projects to be undertaken within the district.
1075	(c)  Adequate assurances that the improvements will be
1076	carried out pursuant to the plan.
1077	(d)  Provision for the retention of controls and the
1078	establishment of any restrictions or covenants running with land
1079	sold or leased for private use for such periods of time and
1080	under such conditions as the governing body of the municipality
1081	in which the district is located, or the county if the district
1082	is located in the unincorporated portion of the county, deems
1083	necessary to effectuate the purposes of this part.
1084	(c)(e)  Projected costs of improvements, including the
1085	amount to be expended on publicly funded capital improvement
1086	projects in the district and any indebtedness of the district,
1087	the county, or the municipality proposed to be incurred if such
1088	indebtedness is to be repaid with district revenues.
1089	(f)  Promotion of advertising programs to be undertaken by
1090	the district or in conjunction with businesses in the district.
1091	(g)  Suggested physical improvements necessary for the
1092	safety of residents in or visitors to the district.
1093	(h)  Law enforcement and security plans for the district.
1094	(3)  The safe neighborhood improvement plan must shall:
1095	(a)  Be consistent with the adopted comprehensive plan for
1096	the county or municipality pursuant to the Community Planning
1097	Act. No district plan shall be implemented unless the local
1098	governing body has determined said plan is consistent.
1099	(b)  Be sufficiently complete to indicate such land
1100	acquisition, demolition and removal of structures, street
1101	modifications, redevelopment, and rehabilitation as may be
1102	proposed to be carried out in the district.
1103	(c)  Provide some method for and measurement of the
1104	reduction of crime within the district.
1105	(4)  The county, municipality, or district may prepare or
1106	cause to be prepared a safe neighborhood improvement plan, or
1107	any person or agency, public or private, may submit such a plan
1108	to a district. Prior to its consideration of a safe neighborhood
1109	improvement plan, the district shall submit such plan to the
1110	local governing body for review and written approval as to its
1111	consistency with the local government comprehensive plan. The
1112	district must be notified of approval or disapproval within 60
1113	days after receipt of the plan for review, and a revised version
1114	of the plan may be submitted to satisfy any inconsistencies. The
1115	district may not proceed with the safe neighborhood improvement
1116	plan until final approval is given by the local governing body.
1117	(4)(5)  Prior to adoption of the safe neighborhood
1118	improvement plan, the board shall hold a public hearing on the
1119	plan after public notice thereof by publication in a newspaper
1120	of general circulation in the county or municipality in which
1121	the district is located. The notice shall describe the time,
1122	date, place, and purpose of the hearing; identify the boundaries
1123	of the district; and outline the general scope of the plan.
1124	(5)(6)  The board, after the public hearing, may approve
1125	the safe neighborhood improvement plan if it finds:
1126	(a)  The plan has been approved as consistent with the
1127	local comprehensive plan by the local governing body; and
1128	(b)  The plan will improve the promotion, appearance,
1129	safety, security, and public amenities of the neighborhood
1130	improvement district as stipulated in s. 163.502.
1131	(6)(7)  If, at any time after approval of the safe
1132	neighborhood improvement plan, it becomes desirable to amend or
1133	modify the plan, the board may do so. Prior to any such
1134	amendment or modification, the board shall obtain written
1135	approval of the local governing body concerning conformity to
1136	the local government comprehensive plan and hold a public
1137	hearing on the proposed amendment or modification after public
1138	notice thereof by publication in a newspaper of general
1139	circulation in the county or municipality in which the district
1140	is located. The notice shall describe the time, place, and
1141	purpose of the hearing and generally describe the proposed
1142	amendment or modification.
1143	(8)  Pursuant to s. 163.3184, the governing body of a
1144	municipality or county shall hold two public hearings to
1145	consider the board-adopted safe neighborhood improvement plan as
1146	an amendment or modification to the municipality's or county's
1147	adopted local comprehensive plan.
1148	(9)  A safe neighborhood improvement plan for each district
1149	shall be prepared and adopted by the municipality or county
1150	prior to the levy and expenditure of any of the proceeds of any
1151	tax assessment or fee authorized to such districts other than
1152	for the preparation of the safe community or business
1153	improvement plan.
1154	Section 21.  Section 163.517, Florida Statutes, is
1155	repealed.
1156	Section 22.  Section 163.519, Florida Statutes, is
1157	repealed.
1158	Section 23.  Section 163.521, Florida Statutes, is
1159	repealed.
1160	Section 24.  Section 163.5215, Florida Statutes, is
1161	repealed.
1162	Section 25.  Section 163.522, Florida Statutes, is
1163	repealed.
1164	Section 26.  Section 163.523, Florida Statutes, is
1165	repealed.
1166	Section 27.  Section 163.524, Florida Statutes, is
1167	repealed.
1168	Section 28.  Section 163.526, Florida Statutes, is
1169	repealed.
1170	Section 29.  Paragraph (c) of subsection (1) of section
1171	376.84, Florida Statutes, is amended to read:
1172	376.84  Brownfield redevelopment economic incentives.-It is
1173	the intent of the Legislature that brownfield redevelopment
1174	activities be viewed as opportunities to significantly improve
1175	the utilization, general condition, and appearance of these
1176	sites. Different standards than those in place for new
1177	development, as allowed under current state and local laws,
1178	should be used to the fullest extent to encourage the
1179	redevelopment of a brownfield. State and local governments are
1180	encouraged to offer redevelopment incentives for this purpose,
1181	as an ongoing public investment in infrastructure and services,
1182	to help eliminate the public health and environmental hazards,
1183	and to promote the creation of jobs in these areas. Such
1184	incentives may include financial, regulatory, and technical
1185	assistance to persons and businesses involved in the
1186	redevelopment of the brownfield pursuant to this act.
1187	(1)  Financial incentives and local incentives for
1188	redevelopment may include, but not be limited to:
1189	(c)  Safe Neighborhood improvement districts as provided in
1190	part IV of chapter 163 ss. 163.501-163.523.
1191	Section 30.  Subsection (2) of section 775.083, Florida
1192	Statutes, is amended to read:
1193	775.083  Fines.-
1194	(2)  In addition to the fines set forth in subsection (1),
1195	court costs shall be assessed and collected in each instance a
1196	defendant pleads nolo contendere to, or is convicted of, or
1197	adjudicated delinquent for, a felony, a misdemeanor, or a
1198	criminal traffic offense under state law, or a violation of any
1199	municipal or county ordinance if the violation constitutes a
1200	misdemeanor under state law. The court costs imposed by this
1201	section shall be $50 for a felony and $20 for any other offense
1202	and shall be deposited by the clerk of the court into an
1203	appropriate county account for disbursement for the purposes
1204	provided in this subsection. A county shall account for the
1205	funds separately from other county funds as crime prevention
1206	funds. The county, in consultation with the sheriff, must expend
1207	such funds for crime prevention programs in the county,
1208	including safe neighborhood improvement programs under part IV
1209	of chapter 163 ss. 163.501-163.523.
1210	Section 31.  Paragraphs (a) and (c) of subsection (5) of
1211	section 932.7055, Florida Statutes, are amended to read:
1212	932.7055  Disposition of liens and forfeited property.-
1213	(5)(a)  If the seizing agency is a county or municipal
1214	agency, the remaining proceeds shall be deposited in a special
1215	law enforcement trust fund established by the board of county
1216	commissioners or the governing body of the municipality. Such
1217	proceeds and interest earned therefrom shall be used for school
1218	resource officer, crime prevention, safe neighborhood
1219	improvement, drug abuse education and prevention programs, or
1220	for other law enforcement purposes, which include defraying the
1221	cost of protracted or complex investigations, providing
1222	additional equipment or expertise, purchasing automated external
1223	defibrillators for use in law enforcement vehicles, and
1224	providing matching funds to obtain federal grants. The proceeds
1225	and interest may not be used to meet normal operating expenses
1226	of the law enforcement agency.
1227	(c)  An agency or organization, other than the seizing
1228	agency, that wishes to receive such funds shall apply to the
1229	sheriff or chief of police for an appropriation and its
1230	application shall be accompanied by a written certification that
1231	the moneys will be used for an authorized purpose. Such requests
1232	for expenditures shall include a statement describing
1233	anticipated recurring costs for the agency for subsequent fiscal
1234	years. An agency or organization that receives money pursuant to
1235	this subsection shall provide an accounting for such moneys and
1236	shall furnish the same reports as an agency of the county or
1237	municipality that receives public funds. Such funds may be
1238	expended in accordance with the following procedures:
1239	1.  Such funds may be used only for school resource
1240	officer, crime prevention, safe neighborhood improvement, drug
1241	abuse education, or drug prevention programs or such other law
1242	enforcement purposes as the board of county commissioners or
1243	governing body of the municipality deems appropriate.
1244	2.  Such funds shall not be a source of revenue to meet
1245	normal operating needs of the law enforcement agency.
1246	3.  After July 1, 1992, and during every fiscal year
1247	thereafter, any local law enforcement agency that acquires at
1248	least $15,000 pursuant to the Florida Contraband Forfeiture Act
1249	within a fiscal year must expend or donate no less than 15
1250	percent of such proceeds for the support or operation of any
1251	drug treatment, drug abuse education, drug prevention, crime
1252	prevention, safe neighborhood improvement, or school resource
1253	officer program program(s). The local law enforcement agency has
1254	the discretion to determine which program or programs program(s)
1255	will receive the designated proceeds.
1256
1257	Notwithstanding the drug abuse education, drug treatment, drug
1258	prevention, crime prevention, safe neighborhood improvement, or
1259	school resource officer minimum expenditures or donations, the
1260	sheriff and the board of county commissioners or the chief of
1261	police and the governing body of the municipality may agree to
1262	expend or donate such funds over a period of years if the
1263	expenditure or donation of such minimum amount in any given
1264	fiscal year would exceed the needs of the county or municipality
1265	for such program or programs program(s). Nothing in this section
1266	precludes the expenditure or donation of forfeiture proceeds in
1267	excess of the minimum amounts established herein.
1268	Section 32.  This act shall take effect July 1, 2012.

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