Bill Text: FL S1990 | 2010 | Regular Session | Introduced
Bill Title: Powers of Community Development Districts [EPSC]
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1990 Detail]
Download: Florida-2010-S1990-Introduced.html
Florida Senate - 2010 SB 1990 By Senator Baker 20-01481-10 20101990__ 1 A bill to be entitled 2 An act relating to powers of community development 3 districts; amending s. 190.011, F.S.; revising general 4 powers of community development districts; amending s. 5 190.012, F.S.; revising special powers of community 6 development districts; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (5), paragraph (a) of subsection (7), 11 and subsections (11) and (15) of section 190.011, Florida 12 Statutes, are amended to read: 13 190.011 General powers.—The district shall have, and the 14 board may exercise, the following powers: 15 (5) To adopt rules and orders pursuant to the provisions of 16 chapter 120 prescribing the powers, duties, and functions of the 17 officers of the district; the conduct of the business of the 18 district; the maintenance of records; and the form of 19 certificates evidencing tax liens and all other documents and 20 records of the district. The board may also adopt administrative 21 rules with respect to any of the projects of the district and 22 define the area to be included therein and enforce such rules 23 pursuant to s. 190.041. The board may also adopt resolutions 24 which may be necessary for the conduct of district business. 25 (7)(a) To hold, control, and acquire by donation, purchase, 26 or eminent domaincondemnation, or dispose of, any public 27 easements, dedications to public use, platted reservations for 28 public purposes, or any reservations for those purposes 29 authorized by this act and to make use of such easements, 30 dedications, or reservations for any of the purposes authorized 31 by this act. 32 (11) To exercise within the district, or beyond the 33 district with prior approval by resolution of the governing body 34 of the county if the taking will occur in an unincorporated area 35 or with prior approval by resolution of the governing body of 36 the municipality if the taking will occur within a municipality, 37 the right and power of eminent domain, pursuant to the 38 provisions of chapters 73 and 74, over any property within the 39 state, except municipal, county, state, and federal property, 40 for the uses and purposes of the district relatingsolelyto 41 water, sewer, district roads, and water management systems, and 42 any other purpose or activity authorized by law, specifically 43 including, without limitation, the power for the taking of 44 easements for the drainage of the land of one person over and 45 through the land of another. 46 (15) To exercise all of the powers necessary, convenient, 47 incidental, or proper in connection with any of the powers, 48 duties, or purposes authorized by this act and to enforce 49 pursuant to s. 190.041 such powers and rules adopted by the 50 district under such powers. 51 Section 2. Section 190.012, Florida Statutes, is amended to 52 read: 53 190.012 Special powers; public improvements and community 54 facilities.—The district shall have, and the board may exercise, 55 subject to the regulatory jurisdiction and permitting authority 56 of all applicable governmental bodies, agencies, and special 57 districts having authority with respect to any area included 58 therein,any or all ofthe following special powers relating to 59 public improvements,andcommunity facilities, and any other 60 matters and activities authorized by this act: 61 (1) To finance, fund, plan, establish, acquire, construct 62 or reconstruct, enlarge or extend, equip, operate, and maintain 63 systems, facilities, and basic infrastructures for the 64 following: 65 (a) Water management and control for the lands within the 66 district and to connect some or any of such facilities with 67 roads and bridges. 68 (b) Water supply, sewer, and wastewater management, 69 reclamation, and reuse or any combination thereof, and to 70 construct and operate connecting intercepting or outlet sewers 71 and sewer mains and pipes and water mains, conduits, or 72 pipelines in, along, and under any street, alley, highway, or 73 other public place or ways, and to dispose of any effluent, 74 residue, or other byproducts of such system or sewer system. 75 (c) Bridges or culverts that may be needed across any 76 drain, ditch, canal, floodway, holding basin, excavation, public 77 highway, tract, grade, fill, or cut and roadways over levees and 78 embankments, and to construct any and all of such works and 79 improvements across, through, or over any public right-of-way, 80 highway, grade, fill, or cut. 81 (d)1. District roads equal to or exceeding the applicable 82 specifications of the county in which such district roads are 83 located; roads and improvements to existing public roads that 84 are owned by or conveyed to the local general-purpose 85 government, the state, or the Federal Government; street lights; 86 alleys; landscaping; hardscaping; and the undergrounding of 87 electric utility lines. Districts may request the underground 88 placement of utility lines by the local retail electric utility 89 provider in accordance with the utility’s tariff on file with 90 the Public Service Commission and may finance the required 91 contribution. 92 2. Buses, trolleys, transit shelters, ridesharing 93 facilities and services, parking improvements, and related 94 signage. 95 (e) Investigation and remediation costs associated with the 96 cleanup of actual or perceived environmental contamination 97 within the district under the supervision or direction of a 98 competent governmental authority unless the covered costs 99 benefit any person who is a landowner within the district and 100 who caused or contributed to the contamination. 101 (f) Conservation areas, mitigation areas, and wildlife 102 habitat, including the maintenance of any plant or animal 103 species, and any related interest in real or personal property. 104 (g) Any other project within or without the boundaries of a 105 district when a local government issued a development order 106 pursuant to s. 380.06 or s. 380.061 approving or expressly 107 requiring the construction or funding of the project by the 108 district, or when the project is the subject of an agreement 109 between the district and a governmental entity and is consistent 110 with the local government comprehensive plan of the local 111 government within which the project is to be located. 112 (h) Any other project, facility, or service required by a 113 development approval, interlocal agreement, zoning condition, or 114 permit issued by a governmental authority with jurisdiction in 115 the district. 116 (2) After the local general-purpose government within the 117 jurisdiction of which a power specified in this subsection is to 118 be exercised consents to the exercise of such power by the 119 district,the district shall have the powerto plan, establish, 120 acquire, construct or reconstruct, enlarge or extend, equip, 121 operate, and maintain additional systems and facilities for: 122 (a) Parks and facilities for indoor and outdoor 123 recreational, cultural, and educational uses. 124 (b) Fire prevention and control, including fire stations, 125 water mains and plugs, fire trucks, and other vehicles and 126 equipment. 127 (c) School buildings and related structures and site 128 improvements, which may be leased, sold, or donated to the 129 school district, for use in the educational system when 130 authorized by the district school board. 131 (d) Security, including, but not limited to, guardhouses, 132 fences and gates, electronic intrusion-detection systems, and 133 patrol cars, when authorized by proper governmental agencies; 134 except that the district may not exercise any law enforcement 135policepower, but may contract with the appropriate local 136 general-purpose government agencies for an increased level of 137 such services within the district boundaries. 138 (e) Control and elimination of mosquitoes and other 139 arthropods of public health importance. 140 (f) Waste collection and disposal. 141 (3) To adopt pursuant to chapter 120 and enforce pursuant 142 to s. 190.041 appropriate rulesfollowing the procedures of143chapter 120,in connection with the provision of one or more 144 services through its systems and facilities or powers authorized 145 by law. 146 (4)(a) To adopt rules necessary for the district to enforce 147 certain deed restrictions pertaining to the use and operation of 148 real property within the district and outside the district 149 pursuant to an interlocal agreement under chapter 163 if within 150 another district or, if not within another district, with the 151 consent of the county or municipality in which the deed 152 restriction enforcement is proposed to occur. For the purpose of 153 this subsection, the term “deed restrictions” means those 154 covenants, conditions, restrictions, compliance mechanisms, and 155 enforcement remedies contained in any applicable declarations of 156 covenants and restrictions that govern the use and operation of 157 real property and, for which covenants, conditions, and 158 restrictions, there is no homeowners’ association or property 159 owner’s association having respective enforcement powers unless, 160 with respect to a homeowners’ association whose board is under 161 member control, the association and the district agree in 162 writing to enforcement by the district. The district may adopt 163 by rule all or certain portions of the deed restrictions that: 164 1. Relate to limitations, prohibitions, compliance 165 mechanisms, or enforcement remedies that apply only to external 166 appearances or uses and are deemed by the district to be 167 generally beneficial for the district’s landowners and for which 168 enforcement by the district is appropriate, as determined by the 169 district’s board of supervisors; or 170 2. Are consistent with the requirements of a development 171 order or regulatory agency permit. 172 (b) The board may vote to adopt such rules only when all of 173 the following conditions exist: 174 1. The district was in existence on the effective date of 175 this subsection, or is located within a development that 176 consists of multiple developments of regional impact and a 177 Florida Quality Development. 178 2. For residential districts, the majority of the board has 179 been elected by qualified electors pursuant to the provisions of 180 s. 190.006. 181 3. For residential districts, less than 25 percent of 182 residential units are in a homeowners’ association. 183 4. The declarant in any applicable declarations of 184 covenants and restrictions has provided the board with a written 185 agreement that such rules may be adopted. A memorandum of the 186 agreement shall be recorded in the public records. 187 (c) Within 60 days after such rules take effect, the 188 district shall record a notice of rule adoption stating 189 generally what rules were adopted and where a copy of the rules 190 may be obtained. Districts may impose fines for violations of 191 such rules and enforce such rules and fines in circuit court 192 through injunctive relief. 193 (d) The owners of property located outside the boundary of 194 the district shall elect an advisor to the district board 195 pursuant to paragraph (e). The sole responsibilities of the 196 district board advisor are to review enforcement actions 197 proposed by the district board against properties located 198 outside the district and make recommendations relating to those 199 proposed actions. Before the district board may enforce its 200 rules against any owner of property located outside the 201 district, the district board shall request the district board 202 advisor to make a recommendation on the proposed enforcement 203 action. The district board advisor must render a recommendation 204 within 30 days after receiving a request from the district board 205 or is deemed to have no objection to the district board’s 206 proposed decision or action. 207 (e)1. Whenever an interlocal agreement is entered into 208 pursuant to paragraph (a), a district board advisor seat shall 209 be created for one elected landowner whose property is within 210 the jurisdiction of the governmental entity entering into the 211 interlocal agreement but not within the boundaries of the 212 district. The district board advisor shall be elected by 213 landowners whose land is subject to enforcement by the district 214 but whose land is not within the boundaries of the district. The 215 district board advisor shall be elected for a 2-year term. The 216 first election for a district board advisor shall be within 90 217 days after the effective date of the interlocal agreement 218 between the district and the government entity. 219 2. The election of the district board advisor shall occur 220 at a meeting of eligible landowners. The district shall publish 221 notice of the meeting and election once a week for 2 consecutive 222 weeks in a newspaper of general circulation in the area of the 223 parties to the interlocal agreement. The notice must include 224 instructions on how all landowners may participate in the 225 election and how to obtain a proxy form. The last day of 226 publication may not be less than 14 days or more than 28 days 227 before the date of the election. The landowners, when assembled 228 at the meeting, shall organize by electing a chair who shall 229 conduct the meeting. The chair may be any person present at the 230 meeting. If the chair is a landowner or proxy holder of a 231 landowner, he or she may nominate candidates and make and second 232 motions. 233 3. At the meeting, each landowner is entitled to cast one 234 vote per acre of land owned by him or her and located within the 235 district for each person to be elected. A landowner may vote in 236 person or by proxy in writing. Each proxy must be signed by one 237 of the legal owners of the property for which the vote is cast 238 and must contain the typed or printed name of the individual who 239 signed the proxy; the street address, legal description of the 240 property, or tax parcel identification number; and the number of 241 authorized votes. If the proxy authorizes more than one vote, 242 each property must be listed and the number of acres of each 243 property must be included. The signature on a proxy need not be 244 notarized. A fraction of an acre shall be treated as 1 acre, 245 entitling the landowner to one vote with respect thereto. For 246 purposes of determining voting interests, platted lots shall be 247 counted individually and rounded up to the nearest whole acre. 248 The acreage of platted lots may not be aggregated for purposes 249 of determining the number of voting units held by a landowner or 250 a landowner’s proxy. 251 4. If a vacancy occurs in the district advisor seat, a 252 special landowner election shall be held within 60 days after 253 the vacancy using the notice, proxy, and acreage voting 254 provisions of this subsection. 255 Section 3. This act shall take effect July 1, 2010.