Florida 2023 Regular Session

Florida House Bill H1147 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1147 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1147-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to resilience districts; creating s. 2
16	16	190.101, F.S.; providing a short title; creating s. 3
17	17	190.102, F.S.; providing legislative findings and 4
18	18	intent; creating s. 190.103, F.S.; defining terms; 5
19	19	creating s. 190.104, F.S.; declaring that this act 6
20	20	constitutes the sole authority for resilience 7
21	21	districts; creating s. 190.105, F.S.; authorizing the 8
22	22	establishment of infrastructure resilience districts 9
23	23	through a petition by certain persons; prohibiting a 10
24	24	local government from initiating an infrastructur e 11
25	25	resilience district without such petition; specifying 12
26	26	the requirements for the petition; requiring the 13
27	27	petitioner to send copies of the petition to specified 14
28	28	counties and municipalities and pay a certain fee; 15
29	29	authorizing petitioners to engage in certain meetings 16
30	30	before the filing of the petition; requiring certain 17
31	31	counties and municipalities to conduct public 18
32	32	hearings; specifying a timeframe for conducting such 19
33	33	hearings; authorizing counties or municipalities to 20
34	34	express support of or objection to the resi lience 21
35	35	district by resolution; specifying the requirements 22
36	36	for such resolution; requiring the public hearing on a 23
37	37	petition to be conducted in accordance with local 24
38	38	regulations and at an accessible location; requiring 25
39	39
40	40	HB 1147 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	the petitioner to publish notice of the hearing; 26
52	52	specifying the requirements of the notice; requiring 27
53	53	the local government to give an opportunity to provide 28
54	54	oral or written comments on the petition; specifying 29
55	55	factors the local government may consider in granting 30
56	56	or denying a petition for an in frastructure resilience 31
57	57	district; specifying certain requirements if the 32
58	58	petition is denied on a specified basis; requiring an 33
59	59	interlocal agreement to be signed in certain 34
60	60	circumstances; authorizing establishment of 35
61	61	condominium resilience districts through a petition by 36
62	62	certain persons; requiring counties to develop a 37
63	63	process to receive such petitions; prohibiting a local 38
64	64	government from initiating a condominium resilience 39
65	65	district without such petition; specifying the 40
66	66	requirements of the petition; requirin g the petitioner 41
67	67	to submit a petition to a specified county and to pay 42
68	68	certain fees; requiring the county to make certain 43
69	69	notifications; requiring the county to conduct a 44
70	70	public hearing under certain circumstances; specifying 45
71	71	a timeframe and requirements f or such hearing; 46
72	72	authorizing counties or municipalities to express 47
73	73	support of or objection to the resilience district by 48
74	74	resolution; specifying the requirements for such 49
75	75	resolution; requiring the hearing to be conducted in 50
76	76
77	77	HB 1147 2023
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79	79
80	80
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	accordance with local regulations and at an accessible 51
89	89	location; requiring the petitioner to publish notice 52
90	90	of the hearing; specifying the requirements of the 53
91	91	notice; requiring the county to give certain 54
92	92	individuals an opportunity to provide oral or written 55
93	93	comments on the petition; speci fying factors the 56
94	94	county may consider in granting or denying a petition 57
95	95	for a condominium resilience district; creating s. 58
96	96	190.1052, F.S.; specifying requirements for the size 59
97	97	of resilience districts; specifying requirements for 60
98	98	condominium resilience dist ricts; prohibiting certain 61
99	99	district configurations; requiring resilience 62
100	100	districts to replace certain other special taxing 63
101	101	districts under certain circumstances; specifying that 64
102	102	the district would include certain consolidated 65
103	103	property; creating s. 190.1054 , F.S.; specifying 66
104	104	acceptable uses of resilience districts for 67
105	105	infrastructure and condominiums; prohibiting certain 68
106	106	condominiums from using resilience districts; 69
107	107	providing limitations on the use of resilience 70
108	108	districts; requiring certain modifications to b e 71
109	109	approved through an amended petition; creating s. 72
110	110	190.1056, F.S.; authorizing the payment of fees for 73
111	111	project management of infrastructure resilience 74
112	112	district; providing a limit on such fees; requiring 75
113	113
114	114	HB 1147 2023
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	project managers to meet certain requirements; 76
126	126	specifying a certain fee to the property appraiser for 77
127	127	certain administration; requiring all fees to be 78
128	128	factored into the loan amount; creating s. 190.106, 79
129	129	F.S.; specifying the composition, length of terms, and 80
130	130	procedure for filling vacancies of the board for 81
131	131	infrastructure resilience districts; specifying the 82
132	132	powers, composition, procedure for filling vacancies, 83
133	133	and elections of the board of a condominium resilience 84
134	134	district; requiring board members to follow applicable 85
135	135	laws; prohibiting board members from rece iving 86
136	136	compensation; prohibiting board members from 87
137	137	performing the work of the district; requiring board 88
138	138	members to be residents of the state and citizens of 89
139	139	the United States; creating s. 190.108, F.S.; 90
140	140	requiring each district to publish an annual budget; 91
141	141	requiring resilience districts for condominiums to 92
142	142	providing their annual budget to certain persons; 93
143	143	requiring the district to provide certain financial 94
144	144	reports; authorizing the local government to review 95
145	145	and submit comments regarding a district's annual 96
146	146	budget; creating s. 190.111, F.S.; specifying the 97
147	147	powers the district may exercise; creating s. 190.133, 98
148	148	F.S.; requiring infrastructure resilience districts to 99
149	149	follow a specified procurement process; specifying a 100
150	150
151	151	HB 1147 2023
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	procurement process for condominium resilien ce 101
163	163	districts; creating s. 190.136, F.S.; authorizing a 102
164	164	district to recover unpaid fees, rental charges, or 103
165	165	penalties; creating s. 190.146, F.S.; specifying the 104
166	166	circumstances in which the district can be expanded or 105
167	167	reduced; specifying when an infrastructur e or 106
168	168	condominium resilience district must terminate; 107
169	169	creating s. 190.148, F.S.; requiring a specified 108
170	170	disclosure for sales of real property located in a 109
171	171	resilience the district; creating s. 190.149, F.S.; 110
172	172	requiring the district to record a specified notice of 111
173	173	establishment of a resilience district within a 112
174	174	specified timeframe; amending s. 190.002, F.S.; 113
175	175	conforming provisions to changes made by the act; 114
176	176	amending s. 190.003, F.S.; conforming provisions to 115
177	177	changes made by the act; amending s. 190.046, F.S.; 116
178	178	conforming provisions to changes made by the act; 117
179	179	amending s. 190.048, F.S.; conforming provisions to 118
180	180	changes made by the act; providing a directive to the 119
181	181	Division of Law Revision; providing an effective date. 120
182	182	121
183	183	Be It Enacted by the Legislature of the St ate of Florida: 122
184	184	123
185	185	Section 1. Section 190.101, Florida Statutes, is created 124
186	186	to read: 125
187	187
188	188	HB 1147 2023
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190	190
191	191
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	190.101 Short title. —Sections 190.101-190.149 may be cited 126
200	200	as the "Resilience District Act of 2023." 127
201	201	Section 2. Section 190.102, Florida Statutes, is created 128
202	202	to read: 129
203	203	190.102 Legislative findings. —The Legislature finds that: 130
204	204	(1) There is a need for uniform, focused, and fair 131
205	205	procedures in state law to provide financial mechanisms to help 132
206	206	communities mitigate the risk from rising sea levels and 133
207	207	increased flooding while improving the quality of life for their 134
208	208	residents. 135
209	209	(2) Local governments need support to address these 136
210	210	challenges in a timely manner, including providing new, 137
211	211	resident-focused solutions to solve infrastructure problems. 138
212	212	(3) Even though more than half of this state's 139
213	213	municipalities have fewer than 6,000 residents, current 140
214	214	financing mechanisms disproportionately benefit larger and more 141
215	215	affluent communities. 142
216	216	(4) There is a need to provide condominiums with long -term 143
217	217	financing mechanisms to solve t heir large infrastructure 144
218	218	problems and to comply with statutory mandates requiring 145
219	219	condominium associations to maintain fully funded reserves. 146
220	220	(5) Allowing current special districts to exist in 147
221	221	perpetuity, even long after their functional responsibilitie s 148
222	222	and initial debt financing are over, is not in the state's best 149
223	223	interest. 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	Section 3. Section 190.103, Florida Statutes, is created 151
237	237	to read: 152
238	238	190.103 Definitions. —As used in ss. 190.101 -190.149, the 153
239	239	term: 154
240	240	(1) "Board" or "board of supervisors" has t he same meaning 155
241	241	as in s. 190.003. 156
242	242	(2) "Bond" means any general obligation bond, assessment 157
243	243	bond, refunding bond, revenue bond, and other such obligation in 158
244	244	the nature of a bond as is provided for in this act. 159
245	245	(3) "District" means the resilience district. 160
246	246	(4) "District boundaries" means a continuous geographic 161
247	247	area with common interest. 162
248	248	(5) "District manager" means the manager of the district, 163
249	249	who may include a staff member of the local government. 164
250	250	(6) "Infrastructure" means any fixed capita l expenditure 165
251	251	or fixed capital costs associated with the construction, 166
252	252	reconstruction, or improvement of facilities that have a life 167
253	253	expectancy of 5 or more years and any land acquisition, land 168
254	254	improvement, design, and engineering costs related thereto. 169
255	255	(7) "Landowner" means the owner of a freehold estate as it 170
256	256	appears by the deed record, including a trustee, a private 171
257	257	corporation, and an owner of a condominium unit. The term does 172
258	258	not include a reversioner, remainderman, mortgagee, or any 173
259	259	governmental entity which may not be counted and need not be 174
260	260	notified of proceedings under this act. The term also means the 175
261	261
262	262	HB 1147 2023
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	owner of a ground lease from a governmental entity, which 176
274	274	leasehold interest has a remaining term, excluding all renewal 177
275	275	options, in excess of 50 y ears. 178
276	276	(8) "Parcel" means any quantity of land capable of being 179
277	277	described with such definiteness that its location and 180
278	278	boundaries may be established, which is designated by its owner 181
279	279	or developer as land to be used or developed as a unit, or which 182
280	280	has been used or developed as a unit. 183
281	281	(9) "Resilience district" means a citizen -initiated 184
282	282	financing district created pursuant to this act and limited to 185
283	283	the performance of those specialized functions authorized by 186
284	284	this act which solve infrastructure and resilie nce problems 187
285	285	affecting the district's geographic area, specifically for 188
286	286	public infrastructure or condominiums. 189
287	287	(10) "Taxpayer" means any person or corporation paying 190
288	288	property taxes for property owned within the district boundary. 191
289	289	Section 4. Section 1 90.104, Florida Statutes, is created 192
290	290	to read: 193
291	291	190.104 Sole authority. —This act constitutes the sole 194
292	292	authorization for the future establishment of resilience 195
293	293	districts that have any of the specialized functions and powers 196
294	294	provided by this act. 197
295	295	Section 5. Section 190.105, Florida Statutes, is created 198
296	296	to read: 199
297	297	190.105 Establishment of district. — 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(1) The exclusive and uniform method for the establishment 201
311	311	of a resilience district to address infrastructure is through a 202
312	312	petition from the taxpayers who ow n real property within the 203
313	313	district boundaries. A local government may not initiate the 204
314	314	creation of the infrastructure resilience district without such 205
315	315	petition. 206
316	316	(a) A petition for the establishment of an infrastructure 207
317	317	resilience district must be filed by the petitioner with the 208
318	318	desired local government, which will serve as the project 209
319	319	manager for the district, unless the district hires a private 210
320	320	individual to provide this service. The petition must contain 211
321	321	all of the following: 212
322	322	1. A metes and bounds d escription of the boundaries of the 213
323	323	district. Any real property within the boundaries of the 214
324	324	district which is to be excluded from the district must be 215
325	325	specifically described, and the last known address of all owners 216
326	326	of such real property must be listed. T he petition must also 217
327	327	address the impact of the proposed district on any real property 218
328	328	within the external boundaries of the district which is to be 219
329	329	excluded from the district. 220
330	330	2. The written consent to the establishment of the 221
331	331	district by 70 percent of the landowners whose real property is 222
332	332	to be included in the district or documentation demonstrating 223
333	333	that the petitioner has control by deed, trust agreement, 224
334	334	contract, or option of 100 percent of the real property to be 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	included in the district. When real property to be included in 226
348	348	the district is owned by a governmental entity and subject to a 227
349	349	ground lease as described in s. 190.103(7), the governmental 228
350	350	entity must provide its written consent. The petitioner must 229
351	351	verify ownership of property with the count y property appraiser. 230
352	352	3. The proposed name of the district. 231
353	353	4. Identification that the proposed district is an 232
354	354	acceptable use of the district pursuant to s. 190.1054(1). 233
355	355	5. A written description of why the district is needed. 234
356	356	6. Designation of five persons to be the initial members 235
357	357	of the district's board of supervisors, who will serve in that 236
358	358	office until replaced by elected members as provided in s. 237
359	359	190.106. 238
360	360	7. Based upon available data, the proposed budget of the 239
361	361	district and the timeline for e xpenditure of the funds. These 240
362	362	estimates must be submitted in good faith but are not binding 241
363	363	and may be revised as needed. The proposed budget must include 242
364	364	the overall cost of the infrastructure project, years of 243
365	365	repayment, cost per property, and any fees being paid to a local 244
366	366	general-purpose government in support of the development and 245
367	367	operation of the district. 246
368	368	(b) The petitioner must submit a copy of the petition to 247
369	369	the local government that will serve as the project manager, 248
370	370	along with an application fee of $500, and a copy to each 249
371	371	municipality or county the boundaries of which are contiguous 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	with, or contain all or a portion of, the land within the 251
385	385	boundaries of the proposed resilience district. In cases where 252
386	386	conflicts arise over the formation of a r esilience district, the 253
387	387	petitioner may engage the local government in meetings before 254
388	388	the petition is filed in order to find a resolution that is 255
389	389	mutually agreeable to all parties. 256
390	390	(c) Each county and municipality required under this 257
391	391	section to receive a petition must conduct a public hearing to 258
392	392	consider the merits of the petition and whether it meets the 259
393	393	requirements specified in paragraph (d). 260
394	394	1. The public hearing must be concluded within 90 days 261
395	395	after the date the petition is filed, unless an extens ion of 262
396	396	time is requested by the petitioner and granted by the county or 263
397	397	municipality. The county or municipality holding the public 264
398	398	hearing may express its support of or objection to the creation 265
399	399	of the district by resolution. A resolution must base any 266
400	400	objection to the granting of the petition upon the factors 267
401	401	specified in paragraph (d) and be adopted by a supermajority of 268
402	402	the governing body of the county or municipality. 269
403	403	2. The public hearing on the petition must be conducted in 270
404	404	accordance with local re gulations regarding public hearings. The 271
405	405	hearing must be held at an accessible location of the local 272
406	406	government that receives the petition for the resilience 273
407	407	district. The petitioner must publish a notice of the hearing 274
408	408	for 4 successive weeks on a publicly accessible website as 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	provided in s. 50.0311 and mail a notice to every landowner 276
422	422	within the proposed boundaries of the district at least 30 days 277
423	423	before the hearing. Such notice must give the time and place for 278
424	424	the hearing, a description of the area to be included in the 279
425	425	district, including a map clearly showing the area to be covered 280
426	426	by the district, and any other relevant information the county 281
427	427	or municipality requires. All affected units of the local 282
428	428	general-purpose government and the general public mus t be given 283
429	429	an opportunity to appear at the hearing and present oral or 284
430	430	written comments on the petition. 285
431	431	(d) The local general -purpose government where the 286
432	432	petition is filed may consider any of the following factors in 287
433	433	granting or denying the petition fo r the establishment of an 288
434	434	infrastructure resilience district: 289
435	435	1. Whether all statements contained in the petition have 290
436	436	been found to be true and correct. 291
437	437	2. Whether the proposed district boundaries are in 292
438	438	compliance with s. 190.1052. 293
439	439	3. Whether the local general-purpose government has 294
440	440	committed to funding the proposed infrastructure project and 295
441	441	will implement the project within the next 5 years. The project 296
442	442	must be clearly defined in a capital improvement plan. 297
443	443	4. Whether an independent licensed engineering 298
444	444	professional, free of conflict, hired by the local general -299
445	445	purpose government, has determined that the proposed plan will 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456	456
457	457
458	458	not adequately solve the problem. The term "adequately solve the 301
459	459	problem" means that t he solution would not improve the situation 302
460	460	in any meaningful way. 303
461	461	5. Other than for the redevelopment of nonresiliant 304
462	462	housing as described by s. 190.1054(1)(d)1., whether the 305
463	463	district would primarily serve one parcel or owner or numerous 306
464	464	parcels that have related owners through familial or business 307
465	465	interests. 308
466	466	6. Whether the infrastructure improvements being proposed 309
467	467	are not within the jurisdictional authority of any local 310
468	468	government included as a cooperative partner in the project. 311
469	469	7. Whether the proposed improvements would have a 312
470	470	significant negative impact on other property owners outside the 313
471	471	proposed district and whether a remedy exists to mitigate such 314
472	472	impact. 315
473	473	8. Whether the operation and maintenance of the proposed 316
474	474	infrastructure would creat e an undue burden on the local 317
475	475	general-purpose government. 318
476	476	9. Whether the establishment of the district is 319
477	477	inconsistent with any applicable element or portion of the local 320
478	478	general-purpose government's comprehensive plan. 321
479	479	(e) If the local general -purpose government denies the 322
480	480	petition under subparagraph (d)3. and then fails to implement 323
481	481	the infrastructure improvement or eliminates funding for it at 324
482	482	any time within 5 years, the petition must be reheard within 45 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	days and may not be denied subsequently und er subparagraph (d)3. 326
496	496	In this case, the local general -purpose government, if selected 327
497	497	as the project manager, must not take a project management fee 328
498	498	and is responsible for any increased costs from the petitioner's 329
499	499	previously submitted cost estimate. 330
500	500	(f) If the local general -purpose government denies the 331
501	501	petition under subparagraph (d)2., the local general -purpose 332
502	502	government must work with the petitioner, if desired, to 333
503	503	determine an acceptable boundary for the formation of the 334
504	504	district and revise the petit ion accordingly. 335
505	505	(g) If the local general -purpose government 336
506	506	inappropriately denies the petition under paragraph (d) without 337
507	507	working with the petitioner to attempt to modify the petition to 338
508	508	find an agreeable alternative, the local general -purpose 339
509	509	government will be responsible for implementing the project, or 340
510	510	an appropriate alternative, paying all costs, and commencing the 341
511	511	project within 180 days. The local general -purpose government 342
512	512	may not create any unreasonable delays completing the project. 343
513	513	(h) If lands within the proposed district overlap the 344
514	514	boundaries of more than one local general -purpose government, 345
515	515	the affected local general -purpose governments must sign an 346
516	516	interlocal agreement with the local government receiving the 347
517	517	petition. The interlocal a greement must be in place no more than 348
518	518	120 days after the approval of the district and before the 349
519	519	commencement of any work of the resilience district. 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	(2) The exclusive and uniform method for the establishment 351
533	533	of a resilience district for condominiums or an associated group 352
534	534	of condominiums is through a petition from residents and 353
535	535	taxpayers who are unit owners of the condominiums located within 354
536	536	the district boundaries. All counties must develop a process to 355
537	537	receive and process such petitions by December 15 , 2023. A local 356
538	538	government must not initiate the creation of a resilience 357
539	539	district for condominiums without such petition. 358
540	540	(a) A petition for the establishment of a resilience 359
541	541	district for condominiums must be filed by the petitioner with 360
542	542	the county in which a majority of the condominium units are 361
543	543	located. The petition must contain: 362
544	544	1. A metes and bounds description of the boundaries of the 363
545	545	district. Any real property within the boundaries of the 364
546	546	district which is to be excluded from the district must b e 365
547	547	specifically described, and the last known address of all owners 366
548	548	of such real property must be listed. The petition must also 367
549	549	address the impact of the proposed district on any real property 368
550	550	within the external boundaries of the district which is to be 369
551	551	excluded from the district. 370
552	552	2. The written consent to the establishment of the 371
553	553	district by 70 percent of the unit owners to be included in the 372
554	554	district or documentation demonstrating that the petitioner has 373
555	555	control by deed, trust agreement, contract, or o ption of 100 374
556	556	percent of the real property to be included in the district. 375
557	557
558	558	HB 1147 2023
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	When real property to be included in the district is owned by a 376
570	570	governmental entity and subject to a ground lease as described 377
571	571	in s. 190.103(7), the governmental entity must provide its 378
572	572	written consent. The petitioner must verify ownership of 379
573	573	property with the county property appraiser. 380
574	574	3. The proposed name of the district. 381
575	575	4. A written description of why the district is needed. 382
576	576	5. Designation of the existing board of the condom inium to 383
577	577	be the district's board of supervisors, who will serve until 384
578	578	replaced by elected members as provided in s. 190.106. 385
579	579	6. Based upon available data, the proposed budget of the 386
580	580	district and the timeline for expenditure of the funds. These 387
581	581	estimates must be submitted in good faith but are not binding 388
582	582	and may be revised as needed. The proposed budget must include 389
583	583	the overall cost of the proposed project, years of repayment, 390
584	584	probable cost per property, and any fees being paid to a local 391
585	585	general-purpose government in support of the development and 392
586	586	operation of the district. 393
587	587	7. Proof of notification of all unit owners of the plan to 394
588	588	create a district and the condominium association meeting 395
589	589	minutes in which the creation of the district was approved by 396
590	590	the board of the condominium association. 397
591	591	8. A letter of recommendation for each condominium, signed 398
592	592	by the president or chair of the association board. 399
593	593	(b) The petitioner must submit a copy of the petition to 400
594	594
595	595	HB 1147 2023
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597	597
598	598
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	the county in which a majority of the condomi nium units are 401
607	607	located, along with an application fee of $200 plus $2 per unit 402
608	608	within the district to cover the cost of notifications. 403
609	609	(c) The county must notify all residents by mail of the 404
610	610	petition to create the resilience district and notify them of 405
611	611	their rights under paragraph (d). 406
612	612	(d) The county must conduct a public hearing to consider 407
613	613	the merits of the petition and whether it meets the requirements 408
614	614	specified in paragraph (e) if at least 10 percent of the unit 409
615	615	owners impacted request such a hearin g in writing within 45 days 410
616	616	after the county receives the initial petition. 411
617	617	1. The public hearing must be concluded within 90 days 412
618	618	after 10 percent or more of the unit owners request the hearing, 413
619	619	unless an extension of time is requested by the petitioner and 414
620	620	granted by the county. The county may express its support of or 415
621	621	objection to the creation of the district by resolution. A 416
622	622	resolution must base any objection to the granting of the 417
623	623	petition upon the factors specified in paragraph (e) and be 418
624	624	adopted by a supermajority of the governing body of the county. 419
625	625	2. A local public hearing on the petition must be 420
626	626	conducted in accordance with local regulations regarding public 421
627	627	hearings. The hearing must be held at an accessible location in 422
628	628	the county. The petiti oner must publish a notice of the hearing 423
629	629	for 4 successive weeks on a publicly accessible website as 424
630	630	provided in s. 50.0311 and a mailed notice to every unit owner 425
631	631
632	632	HB 1147 2023
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635	635
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	within the proposed boundaries of the district at least 30 days 426
644	644	before the hearing. Such not ice must give the time and place for 427
645	645	the hearing, a description of the area to be included in the 428
646	646	district, which description must include a map showing clearly 429
647	647	the area to be covered by the district, and any other relevant 430
648	648	information the county requires. All affected unit owners and 431
649	649	the general public must be given an opportunity to appear at the 432
650	650	hearing and present oral or written comments on the petition. 433
651	651	(e) The following factors must be used to make a 434
652	652	determination to grant or deny a petition for th e establishment 435
653	653	of a resilience district: 436
654	654	1. Whether all statements contained in the petition have 437
655	655	been found to be true and correct. 438
656	656	2. Whether the proposed district boundaries are in 439
657	657	compliance with s. 190.1052. 440
658	658	3. Whether the district would primar ily serve one owner or 441
659	659	numerous parcels that have related owners through familial or 442
660	660	business interests. 443
661	661	4. Whether the district would create an undue burden on 444
662	662	residents when other alternatives exist to fund and develop 445
663	663	proposed improvements at a lower cost. 446
664	664	Section 6. Section 190.1052, Florida Statutes, is created 447
665	665	to read: 448
666	666	190.1052 District boundaries. — 449
667	667	(1) Districts must be compact and the smallest size 450
668	668
669	669	HB 1147 2023
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671	671
672	672
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	possible to solve the identified problem, yet sufficient in size 451
681	681	to encompass the properties that will receive benefit from the 452
682	682	proposed improvements. 453
683	683	(2) Districts for condominiums must include an entire 454
684	684	building or group of related buildings that are adjacent and 455
685	685	share common areas such as a pool, clubhouse, or other common 456
686	686	facilities. 457
687	687	(3) A local general-purpose government may not be more 458
688	688	than 5 percent of the land area of the district without the 459
689	689	local general-purpose government agreement. The land area 460
690	690	calculation may not include rights -of-way or other publicly 461
691	691	accessible lands used for i nfrastructure. 462
692	692	(4) A district may not: 463
693	693	(a) Have one owner with more than 10 percent of the area 464
694	694	of a district without the consent of that owner. 465
695	695	(b) Include state or federal property without the consent 466
696	696	of those governments, including submerged lands . 467
697	697	(c) Include land defined as Indian country in 18 U.S.C. s. 468
698	698	1151. 469
699	699	(5) If a district is identical to, or shares more than 90 470
700	700	percent of the geography of, any existing special taxing 471
701	701	district that primarily serves a similar function, the existing 472
702	702	district must be dissolved and reconstituted as a resilience 473
703	703	district as defined under this act and all assets of the 474
704	704	existing district shall be transferred to the resilience 475
705	705
706	706	HB 1147 2023
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708	708
709	709
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	district. This applies to resilience districts under this act 476
718	718	that have the same bounda ry as existing resilience districts. 477
719	719	(6) If a property within the district consolidates with an 478
720	720	adjacent unit or property, the district includes the entirety of 479
721	721	the consolidated property. 480
722	722	Section 7. Section 190.1054, Florida Statutes, is created 481
723	723	to read: 482
724	724	190.1054 Uses of the district. — 483
725	725	(1) Acceptable uses of infrastructure resilience districts 484
726	726	include, but are not limited to, all of the following: 485
727	727	(a) Projects that mitigate the risk of flooding and sea 486
728	728	level rise as defined under s. 380.093, inc luding the costs of 487
729	729	design, permitting, and other preconstruction activities, as 488
730	730	well as harmonization of the project with private property. 489
731	731	Exclusions on the use of the funds provided under s. 380.093 do 490
732	732	not apply to resilience districts. 491
733	733	(b) Infrastructure that improves access to property during 492
734	734	flood or storms events. This may include the cost of design, 493
735	735	permitting, and other preconstruction activities, as well as 494
736	736	harmonization of the infrastructure with private property. 495
737	737	(c) Septic to sewer conversi on. If infrastructure 496
738	738	improvement outside of the district is necessary to provide 497
739	739	sewer service, the entity providing such service may include the 498
740	740	cost of the proportional benefit to the resident of the 499
741	741	district, if such costs have been similarly charged t o expand 500
742	742
743	743	HB 1147 2023
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745	745
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	sewer service. This may include the cost of design, permitting, 501
755	755	and other preconstruction activities, as well as harmonization 502
756	756	of the sewer service with private property. 503
757	757	(d) Redevelopment of nonresilient housing stock and 504
758	758	related infrastructure improvements. 505
759	759	1. Nonresilient housing stock includes, but is not limited 506
760	760	to, mobile home parks, manufactured housing, or areas where 90 507
761	761	percent or greater of the properties have a first finished floor 508
762	762	elevation below the designated base flood elevation. 509
763	763	2. For redevelopments where the average income of the 510
764	764	current residents is below the county's median household income, 511
765	765	a developer must provide: 512
766	766	a. An affordable housing unit, as defined by the Florida 513
767	767	Housing Finance Corporation, for every existing s tructure or 514
768	768	unit; 515
769	769	b. The first right of refusal to the residents of the 516
770	770	district for rental or purchase of new units developed; and 517
771	771	c. For residents who desire to stay in the district during 518
772	772	redevelopment, a clear plan for the nondisplacement or tempor ary 519
773	773	relocation of existing residents during construction. The cost 520
774	774	of relocation and additional cost of any housing must be covered 521
775	775	by the district. For residents who desire to leave the district 522
776	776	during redevelopment, the developer must pay for relocation 523
777	777	costs including housing placement assistance and rental support 524
778	778	for the difference in costs, based on average market rent for at 525
779	779
780	780	HB 1147 2023
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782	782
783	783
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	least 12 months. 526
792	792	(e) Service the debt of any existing special taxing 527
793	793	district authorized under statute, in the event that dis trict is 528
794	794	dissolved. 529
795	795	(2) An infrastructure resilience district may not be 530
796	796	created with the purpose of taking over public lands. 531
797	797	(3) Acceptable uses of a condominium resilience district 532
798	798	include, but are not limited to, all of the following: 533
799	799	(a) Fully funding the condominium's reserves. 534
800	800	1. To create a district for this purpose, the board of the 535
801	801	condominium association must provide the current approved budget 536
802	802	and a written plan on how to continue to fund the reserves 537
803	803	beyond any initial loan as part of t he creation of the district. 538
804	804	2. Any funds borrowed under this section must be held in 539
805	805	an escrow account that can be used only for the designed repairs 540
806	806	required as part of the reserve or unexpected repairs costing 541
807	807	more than $10,000. 542
808	808	(b) Making structural or other improvements that would 543
809	809	require assessing the unit owners more than one -quarter of the 544
810	810	sum of the total assessment collected by the associated annually 545
811	811	based on the previous 3 years of collections. 546
812	812	(c) Executing mandates of the Florid a Building Code, 547
813	813	Florida Fire Prevention Code, or local building codes. 548
814	814	(4) A condominium resilience district may not be used by a 549
815	815	condominium association when more than 40 percent of the units 550
816	816
817	817	HB 1147 2023
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819	819
820	820
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	are owned by a single or group of related owners or if the 551
829	829	association is in formal negotiations to sell all units and 552
830	830	dissolve the association. All debt service must be paid and the 553
831	831	district dissolved before the transfer of ownership of any 554
832	832	condominium to a single or group of related owners. 555
833	833	(5) Resilience distr icts must not exist in perpetuity and 556
834	834	must be created with a specific purpose as defined in this 557
835	835	section. Districts may not add additional projects beyond what 558
836	836	was approved as part of the petition under s. 190.105, unless 559
837	837	the projects are required to suppl ement the initial project to 560
838	838	fix a deficiency that will compromise the intent and purpose of 561
839	839	the initial project and the deficiency is identified within 5 562
840	840	years after the creation of the district. Any modifications 563
841	841	require the approval of 70 percent of the unit owners within the 564
842	842	district through an amended petition under s. 190.105. The 565
843	843	amended petition must be verified by the local property 566
844	844	appraiser. 567
845	845	Section 8. Section 190.1056, Florida Statutes, is created 568
846	846	to read: 569
847	847	190.1056 Management and service f ees.— 570
848	848	(1) If the local government is acting as the project 571
849	849	manager for an infrastructure resilience district, the district 572
850	850	may pay up to a 5 percent project management fee based on the 573
851	851	total cost of design and construction. Half of the fee is to be 574
852	852	paid to the local government acting as the project manager at 575
853	853
854	854	HB 1147 2023
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856	856
857	857
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	the commencement of the project and the remainder at the 576
866	866	completion of the project. If an outside firm is used to manage 577
867	867	the project, the actual cost of project management may be 578
868	868	charged if approved as part of the creation of the district but 579
869	869	may not exceed 10 percent of the total cost of design and 580
870	870	construction. Such project manager must be a licensed 581
871	871	professional engineer in this state and the company must be 582
872	872	authorized to do business in this state. 583
873	873	(2) The local property appraiser must receive up to a 2 584
874	874	percent administrative fee or actual cost of administration, 585
875	875	whichever is less, based on the annual amount of collection for 586
876	876	the district for any debt service. 587
877	877	(3) All fees must be factored into any overall loan amount 588
878	878	reflected in the budget as a part of the petition approval 589
879	879	process. 590
880	880	Section 9. Section 190.106, Florida Statutes, is created 591
881	881	to read: 592
882	882	190.106 Board of supervisors; members and meetings. — 593
883	883	(1) For infrastructure resilience dis tricts: 594
884	884	(a) The board shall be composed of a minimum of three and 595
885	885	no more than seven members or two members times the number of 596
886	886	local governments that are parties to the district plus one 597
887	887	member, whichever is greater. 598
888	888	(b) The board shall include one el ected official from all 599
889	889	local governments who received a copy of the petition, but a 600
890	890
891	891	HB 1147 2023
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893	893
894	894
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	majority of the board must be property owners from within the 601
903	903	district. 602
904	904	(c) Local government elected officials do not count as 603
905	905	residents of the district, even if they ow n property within the 604
906	906	district. 605
907	907	(d) Each term will be for a length of no more than 5 606
908	908	years. 607
909	909	(e) Vacancies must be filled by the local general -purpose 608
910	910	government that created the district and if the local government 609
911	911	fails to fill a vacancy within 60 day s, the board may appoint an 610
912	912	interim member in a publicly noticed meeting in accordance with 611
913	913	this chapter. 612
914	914	(2) For condominium resilience districts: 613
915	915	(a) The district board of supervisors exercises the powers 614
916	916	granted to the district pursuant to this act. 615
917	917	(b) The board of the condominium association must serve as 616
918	918	the district board of supervisors unless an association board 617
919	919	member cannot comply with the requirements to serve on the 618
920	920	district board. In that case, a substitute member may be elected 619
921	921	as part of the elections of the condominium association board. 620
922	922	(c) Vacancies must be filled and elections held in 621
923	923	accordance with the bylaws of the association, which must be 622
924	924	publicly available and provided. 623
925	925	(3) District board members shall follow all applicab le 624
926	926	local, state, and federal laws. 625
927	927
928	928	HB 1147 2023
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930	930
931	931
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	(4) District board members may not be compensated for 626
940	940	their service. 627
941	941	(5) District board members are precluded from performing 628
942	942	any of the work of the district. 629
943	943	(6) The members of the district board must be residents of 630
944	944	the state and citizens of the United States. 631
945	945	Section 10. Section 190.108, Florida Statutes, is created 632
946	946	to read: 633
947	947	190.108 Budget; reports and reviews. — 634
948	948	(1) Each district shall publish an annual budget that must 635
949	949	be provided to each resident and lan downer or unit owner within 636
950	950	the district. 637
951	951	(2) For condominium resilience districts, the annual 638
952	952	budget must be provided to the local building official and local 639
953	953	property appraiser. 640
954	954	(3) The district shall provide financial reports in such 641
955	955	form and such manner as prescribed pursuant to this subsection 642
956	956	and s. 190.009. 643
957	957	(4) The local general -purpose government may review the 644
958	958	proposed annual budget and any long -term financial plan or 645
959	959	program and may submit written comments to the district board 646
960	960	for its assistance and information in adopting the district 647
961	961	annual budget and long -term financial plan or program. 648
962	962	Section 11. Section 190.111, Florida Statutes, is created 649
963	963	to read: 650
964	964
965	965	HB 1147 2023
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967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	190.111 General powers. —The district shall have, and its 651
977	977	board of supervisors ma y exercise, the following powers: 652
978	978	(1) Borrow money and issue bonds, certificates, warrants, 653
979	979	notes, or other evidence of indebtedness as hereinafter 654
980	980	provided; to levy such tax and special assessments as may be 655
981	981	authorized; and to charge, collect, and enfor ce fees and other 656
982	982	charges. 657
983	983	(2) To contract for the services of consultants to perform 658
984	984	planning, engineering, legal, or other appropriate services of a 659
985	985	professional nature. Such contracts are subject to public 660
986	986	bidding or competitive negotiation requiremen ts as set forth in 661
987	987	s. 190.133. 662
988	988	(3) To cooperate with, or contract with, other 663
989	989	governmental agencies as may be necessary, convenient, 664
990	990	incidental, or proper in connection with any of the powers, 665
991	991	duties, or purposes authorized by this act. 666
992	992	(4) To exercise such special powers as may be authorized 667
993	993	by this act. 668
994	994	Section 12. Section 190.133, Florida Statutes, is created 669
995	995	to read: 670
996	996	190.133 Bids required. — 671
997	997	(1) An infrastructure resilience district must follow 672
998	998	applicable procurement processes of the local government that 673
999	999	manages the district or follow the requirements under s. 674
1000	1000	287.055. Project services may be procured under continuing 675
1001	1001
1002	1002	HB 1147 2023
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1004	1004
1005	1005
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	service contracts with the approval of the district board of 676
1014	1014	supervisors. 677
1015	1015	(2) Condominium resilience districts must receive at least 678
1016	1016	three bids for each project. The district board of supervisors 679
1017	1017	must vote on the rationale supporting the selection of the firm 680
1018	1018	chosen. The three bids and rationale must be filed with the 681
1019	1019	local property appraiser or other entity as required by the 682
1020	1020	Department of Economic Opportunity. All bids and the outcome of 683
1021	1021	the board vote on the rationale supporting the selection of the 684
1022	1022	firm chosen must be share d with all unit owners. 685
1023	1023	Section 13. Section 190.136, Florida Statutes, is created 686
1024	1024	to read: 687
1025	1025	190.136 Recovery of delinquent charges. —In the event that 688
1026	1026	any fees, rental charges, or delinquent penalties are not paid 689
1027	1027	as and when due and are in default for 60 days or more, the 690
1028	1028	unpaid balance thereof and all interest accrued thereon, 691
1029	1029	together with reasonable attorney fees and costs, may be 692
1030	1030	recovered by the district in a civil action. 693
1031	1031	Section 14. Section 190.146, Florida Statutes, is created 694
1032	1032	to read: 695
1033	1033	190.146 Reduction, expansion, or termination of district. — 696
1034	1034	(1) The boundaries of the district may only be expanded or 697
1035	1035	reduced as provided in s. 190.1052. 698
1036	1036	(2) For an infrastructure resilience district, upon 699
1037	1037	completion of the project, the appropriate local general-purpose 700
1038	1038
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	government must take over ownership of all infrastructure built 701
1051	1051	by the district, and the district must only exist to service the 702
1052	1052	debt incurred for the infrastructure project. The district must 703
1053	1053	automatically terminate after all debt is paid . 704
1054	1054	(3) For a condominium resilience district: 705
1055	1055	(a) A unit owner may petition to terminate the district by 706
1056	1056	submitting to the board of supervisors a petition supported by 707
1057	1057	70 percent of the unit owners of the district. The petition must 708
1058	1058	contain the same inf ormation as required by s. 190.105(2)(a), 709
1059	1059	and the petitioner must follow the same procedure in s. 710
1060	1060	191.105(2)(b). All debts must be paid before the district may be 711
1061	1061	terminated. 712
1062	1062	(b) The district is automatically terminated after the 713
1063	1063	initially approved loan amount is utilized and all debt is paid. 714
1064	1064	Section 15. Section 190.148, Florida Statutes, is created 715
1065	1065	to read: 716
1066	1066	190.148 Sale of real estate within a district; required 717
1067	1067	disclosure to purchaser. —Subsequent to the establishment of a 718
1068	1068	district under s. 190.10 5, each contract for the initial sale of 719
1069	1069	a parcel of real property and each contract for the initial sale 720
1070	1070	of a residential unit within the district must include, printed 721
1071	1071	immediately above the space reserved in the contract for the 722
1072	1072	signature of the purchase r, the following disclosure statement 723
1073	1073	in boldface and conspicuous type that is larger than the type in 724
1074	1074	the remaining text of the contract: "THE RESILIENCE DISTRICT 725
1075	1075
1076	1076	HB 1147 2023
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1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
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1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	(NAME OF DISTRICT) IMPOSES AND LEVIES ASSESSMENTS ON THIS 726
1088	1088	PROPERTY. THESE ASSESSMENTS PAY TH E DESIGN AND CONSTRUCTION 727
1089	1089	COSTS OF CERTAIN INFRASTRUCTURE IMPROVEMENTS AND ARE BASED ON 728
1090	1090	THE PETITION THAT CREATED THIS DISTRICT. THESE TAXES AND 729
1091	1091	ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL 730
1092	1092	GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AN D 731
1093	1093	ASSESSMENTS PROVIDED FOR BY LAW." 732
1094	1094	Section 16. Section 190.149, Florida Statutes, is created 733
1095	1095	to read: 734
1096	1096	190.149 Notice of establishment. —Within 30 days after the 735
1097	1097	establishment of a resilience district under this act, the 736
1098	1098	district must record in the pr operty records in the county in 737
1099	1099	which it is located a "Notice of Establishment of a Resilience 738
1100	1100	District." The notice shall, at a minimum, include the legal 739
1101	1101	description of the district and a copy of the disclosure 740
1102	1102	statement specified in s. 190.148. 741
1103	1103	Section 17. Subsection (3) of section 190.002, Florida 742
1104	1104	Statutes, is amended to read: 743
1105	1105	190.002 Legislative findings, policies, and intent. — 744
1106	1106	(3) It is the legislative intent and purpose, based upon, 745
1107	1107	and consistent with, its findings of fact and declarations o f 746
1108	1108	policy, to authorize a uniform procedure by general law to 747
1109	1109	establish an independent special district as an alternative 748
1110	1110	method to manage and finance basic services for community 749
1111	1111	development. It is further the legislative intent and purpose to 750
1112	1112
1113	1113	HB 1147 2023
1114	1114
1115	1115
1116	1116
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	provide by general law for the uniform operation, exercise of 751
1125	1125	power, and procedure for termination of any such independent 752
1126	1126	district. It is further the purpose and intent of the 753
1127	1127	Legislature that a district created under s. 190.005 this 754
1128	1128	chapter not have or exercise any zoning or development 755
1129	1129	permitting power, that the establishment of the independent 756
1130	1130	community development district as provided in this act not be a 757
1131	1131	development order within the meaning of chapter 380, and that 758
1132	1132	all applicable planning and permitting laws, rul es, regulations, 759
1133	1133	and policies control the development of the land to be serviced 760
1134	1134	by the district. It is further the purpose and intent of the 761
1135	1135	Legislature that no debt or obligation of a district constitute 762
1136	1136	a burden on any local general -purpose government w ithout its 763
1137	1137	consent. 764
1138	1138	Section 18. Section 190.003, Florida Statutes, is amended 765
1139	1139	to read: 766
1140	1140	190.003 Definitions. —As used in s. 190.001-190.149 this 767
1141	1141	chapter, the term: 768
1142	1142	(1) "Ad valorem bonds" means bonds which are payable from 769
1143	1143	the proceeds of ad valorem taxes levied on real and tangible 770
1144	1144	personal property and which are generally referred to as general 771
1145	1145	obligation bonds. 772
1146	1146	(2) "Assessable improvements" means, without limitation, 773
1147	1147	any and all public improvements and community facilities that 774
1148	1148	the district is empowered to provide in accordance with this 775
1149	1149
1150	1150	HB 1147 2023
1151	1151
1152	1152
1153	1153
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	act. 776
1162	1162	(3) "Assessment bonds" means special obligations of the 777
1163	1163	district which are payable solely from proceeds of the special 778
1164	1164	assessments levied for an assessable project. 779
1165	1165	(4) "Board" or "board of supervisors" m eans the governing 780
1166	1166	board of the district or, if such board has been abolished, the 781
1167	1167	board, body, or commission succeeding to the principal functions 782
1168	1168	thereof or to whom the powers given to the board by this act 783
1169	1169	have been given by law. 784
1170	1170	(5) "Bond" includes " certificate," and the provisions 785
1171	1171	which are applicable to bonds are equally applicable to 786
1172	1172	certificates. The term "bond" includes any general obligation 787
1173	1173	bond, assessment bond, refunding bond, revenue bond, and other 788
1174	1174	such obligation in the nature of a bond as is provided for in 789
1175	1175	this act, as the case may be. 790
1176	1176	(6) "Community development district" means a local unit of 791
1177	1177	special-purpose government which is created pursuant to this act 792
1178	1178	and limited to the performance of those specialized functions 793
1179	1179	authorized by this act; the governing head of which is a body 794
1180	1180	created, organized, and constituted and authorized to function 795
1181	1181	specifically as prescribed in this act for the purpose of the 796
1182	1182	delivery of urban community development services; and the 797
1183	1183	formation, powers, governing body, operation, duration, 798
1184	1184	accountability, requirements for disclosure, and termination of 799
1185	1185	which are as required by general law. 800
1186	1186
1187	1187	HB 1147 2023
1188	1188
1189	1189
1190	1190
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1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	(7) "Compact, urban, mixed -use district" means a district 801
1199	1199	located within a municipality and within a community 802
1200	1200	redevelopment area created pursuant to s. 163.356, that consists 803
1201	1201	of a maximum of 75 acres, and has development entitlements of at 804
1202	1202	least 400,000 square feet of retail development and 500 805
1203	1203	residential units. 806
1204	1204	(8) "Cost," when used with reference to any project, 807
1205	1205	includes, but is not limited to: 808
1206	1206	(a) The expenses of determining the feasibility or 809
1207	1207	practicability of acquisition, construction, or reconstruction. 810
1208	1208	(b) The cost of surveys, estimates, plans, and 811
1209	1209	specifications. 812
1210	1210	(c) The cost of improvements. 813
1211	1211	(d) Engineering, fiscal, and legal expenses and charges. 814
1212	1212	(e) The cost of all labor, materials, machinery, and 815
1213	1213	equipment. 816
1214	1214	(f) The cost of all lands, properties, rights, easements, 817
1215	1215	and franchises acquired. 818
1216	1216	(g) Financing charges. 819
1217	1217	(h) The creation of initial reserve an d debt service 820
1218	1218	funds. 821
1219	1219	(i) Working capital. 822
1220	1220	(j) Interest charges incurred or estimated to be incurred 823
1221	1221	on money borrowed prior to and during construction and 824
1222	1222	acquisition and for such reasonable period of time after 825
1223	1223
1224	1224	HB 1147 2023
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1226	1226
1227	1227
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1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	completion of construction or acquisiti on as the board may 826
1236	1236	determine. 827
1237	1237	(k) The cost of issuance of bonds pursuant to this act, 828
1238	1238	including advertisements and printing. 829
1239	1239	(l) The cost of any election held pursuant to this act and 830
1240	1240	all other expenses of issuance of bonds. 831
1241	1241	(m) The discount, if any , on the sale or exchange of 832
1242	1242	bonds. 833
1243	1243	(n) Administrative expenses. 834
1244	1244	(o) Such other expenses as may be necessary or incidental 835
1245	1245	to the acquisition, construction, or reconstruction of any 836
1246	1246	project or to the financing thereof, or to the development of 837
1247	1247	any lands within the district. 838
1248	1248	(p) Payments, contributions, dedications, fair share or 839
1249	1249	concurrency obligations, and any other exactions required as a 840
1250	1250	condition to receive any government approval or permit necessary 841
1251	1251	to accomplish any district purpose. 842
1252	1252	(9) "District" means the community development district. 843
1253	1253	(10) "District manager" means the manager of the district. 844
1254	1254	(11) "District roads" means highways, streets, roads, 845
1255	1255	alleys, sidewalks, landscaping, storm drains, bridges, and 846
1256	1256	thoroughfares of all kinds and d escriptions. 847
1257	1257	(12) "Elector" means a landowner or qualified elector. 848
1258	1258	(13) "General obligation bonds" means bonds which are 849
1259	1259	secured by, or provide for their payment by, the pledge, in 850
1260	1260
1261	1261	HB 1147 2023
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1263	1263
1264	1264
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1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	addition to those special taxes levied for their discharge and 851
1273	1273	such other sources as may be provided for their payment or 852
1274	1274	pledged as security under the resolution authorizing their 853
1275	1275	issuance, of the full faith and credit and taxing power of the 854
1276	1276	district and for payment of which recourse may be had against 855
1277	1277	the general fund of the district. 856
1278	1278	(14) "Landowner" means the owner of a freehold estate as 857
1279	1279	appears by the deed record, including a trustee, a private 858
1280	1280	corporation, and an owner of a condominium unit; it does not 859
1281	1281	include a reversioner, remainderman, mortgagee, or any 860
1282	1282	governmental entity, which may who shall not be counted and need 861
1283	1283	not be notified of proceedings under this act. Landowner shall 862
1284	1284	also mean the owner of a ground lease from a governmental 863
1285	1285	entity, which leasehold interest has a remaining term, excluding 864
1286	1286	all renewal options, in excess of 50 years. 865
1287	1287	(15) "Local general -purpose government" means a county, 866
1288	1288	municipality, or consolidated city -county government. 867
1289	1289	(16) "Project" means any development, improvement, 868
1290	1290	property, utility, facility, works, enterprise, or service now 869
1291	1291	existing or hereafter undertaken or established under the 870
1292	1292	provisions of this act. 871
1293	1293	(17) "Qualified elector" means any person at least 18 872
1294	1294	years of age who is a citizen of the United States, a legal 873
1295	1295	resident of Florida and of the district, and who regi sters to 874
1296	1296	vote with the supervisor of elections in the county in which the 875
1297	1297
1298	1298	HB 1147 2023
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1300	1300
1301	1301
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1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	district land is located. 876
1310	1310	(18) "Refunding bonds" means bonds issued to refinance 877
1311	1311	outstanding bonds of any type and the interest and redemption 878
1312	1312	premium thereon. Refunding bonds shal l be issuable and payable 879
1313	1313	in the same manner as the refinanced bonds, except that no 880
1314	1314	approval by the electorate shall be required unless required by 881
1315	1315	the State Constitution. 882
1316	1316	(19) "Revenue bonds" means obligations of the district 883
1317	1317	which are payable from rev enues derived from sources other than 884
1318	1318	ad valorem taxes on real or tangible personal property and which 885
1319	1319	do not pledge the property, credit, or general tax revenue of 886
1320	1320	the district. 887
1321	1321	(20) "Sewer system" means any plant, system, facility, or 888
1322	1322	property, and additions, extensions, and improvements thereto at 889
1323	1323	any future time constructed or acquired as part thereof, useful 890
1324	1324	or necessary or having the present capacity for future use in 891
1325	1325	connection with the collection, treatment, purification, or 892
1326	1326	disposal of sewage, in cluding, without limitation, industrial 893
1327	1327	wastes resulting from any process of industry, manufacture, 894
1328	1328	trade, or business or from the development of any natural 895
1329	1329	resource. Without limiting the generality of the foregoing, the 896
1330	1330	term "sewer system" includes treat ment plants, pumping stations, 897
1331	1331	lift stations, valves, force mains, intercepting sewers, 898
1332	1332	laterals, pressure lines, mains, and all necessary appurtenances 899
1333	1333	and equipment; all sewer mains, laterals, and other devices for 900
1334	1334
1335	1335	HB 1147 2023
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1337	1337
1338	1338
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1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	the reception and collection of sewage from premises connected 901
1347	1347	therewith; and all real and personal property and any interest 902
1348	1348	therein, rights, easements, and franchises of any nature 903
1349	1349	relating to any such system and necessary or convenient for 904
1350	1350	operation thereof. 905
1351	1351	(21) "Water management and cont rol facilities" means any 906
1352	1352	lakes, canals, ditches, reservoirs, dams, levees, sluiceways, 907
1353	1353	floodways, curbs, gutters, pumping stations, or any other works, 908
1354	1354	structures, or facilities for the conservation, control, 909
1355	1355	development, utilization, and disposal of wate r, and any 910
1356	1356	purposes appurtenant, necessary, or incidental thereto. The term 911
1357	1357	"water management and control facilities" includes all real and 912
1358	1358	personal property and any interest therein, rights, easements, 913
1359	1359	and franchises of any nature relating to any such wat er 914
1360	1360	management and control facilities or necessary or convenient for 915
1361	1361	the acquisition, construction, reconstruction, operation, or 916
1362	1362	maintenance thereof. 917
1363	1363	(22) "Water system" means any plant, system, facility, or 918
1364	1364	property and additions, extensions, and improv ements thereto at 919
1365	1365	any future time constructed or acquired as part thereof, useful 920
1366	1366	or necessary or having the present capacity for future use in 921
1367	1367	connection with the development of sources, treatment, or 922
1368	1368	purification and distribution of water. Without limiti ng the 923
1369	1369	generality of the foregoing, the term "water system" includes 924
1370	1370	dams, reservoirs, storage, tanks, mains, lines, valves, 925
1371	1371
1372	1372	HB 1147 2023
1373	1373
1374	1374
1375	1375
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1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	hydrants, pumping stations, chilled water distribution systems, 926
1384	1384	laterals, and pipes for the purpose of carrying water to the 927
1385	1385	premises connected with such system, and all rights, easements, 928
1386	1386	and franchises of any nature relating to any such system and 929
1387	1387	necessary or convenient for the operation thereof. 930
1388	1388	Section 19. Paragraph (a) of subsection (4) of section 931
1389	1389	190.046, Florida Statutes, is amended to read: 932
1390	1390	190.046 Termination, contraction, or expansion of 933
1391	1391	district.— 934
1392	1392	(4)(a) To achieve economies of scale, reduce costs to 935
1393	1393	affected district residents and businesses in areas with 936
1394	1394	multiple existing districts, and encourage the merger of 937
1395	1395	multiple districts, up to five districts that were established 938
1396	1396	by the same local general -purpose government and whose board 939
1397	1397	memberships are composed entirely of qualified electors may 940
1398	1398	merge into one surviving district through adoption of an 941
1399	1399	ordinance by the local general-purpose government, 942
1400	1400	notwithstanding the acreage limitations otherwise set forth for 943
1401	1401	the establishment of a district in s. 190.005 this chapter. The 944
1402	1402	filing of a petition by the majority of the members of each 945
1403	1403	district board of supervisors seeki ng to merge constitutes 946
1404	1404	consent of the landowners within each applicable district. 947
1405	1405	Section 20. Section 190.048, Florida Statutes, is amended 948
1406	1406	to read: 949
1407	1407	190.048 Sale of real estate within a district; required 950
1408	1408
1409	1409	HB 1147 2023
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1411	1411
1412	1412
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1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	disclosure to purchaser. —Subsequent to the establishment of a 951
1421	1421	district under s. 190.005 this chapter, each contract for the 952
1422	1422	initial sale of a parcel of real property and each contract for 953
1423	1423	the initial sale of a residential unit within the district shall 954
1424	1424	include, immediately prior to the space reserve d in the contract 955
1425	1425	for the signature of the purchaser, the following disclosure 956
1426	1426	statement in boldfaced and conspicuous type which is larger than 957
1427	1427	the type in the remaining text of the contract: "THE ...(Name of 958
1428	1428	District)... COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY 959
1429	1429	TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS 960
1430	1430	PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, 961
1431	1431	OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES 962
1432	1432	AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE 963
1433	1433	GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE 964
1434	1434	IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND 965
1435	1435	ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY 966
1436	1436	LAW." 967
1437	1437	Section 21. The Division of Law Revision is directed to 968
1438	1438	change the title of chapter 190, Florida Statutes, from 969
1439	1439	Community Development Districts to Community Development and 970
1440	1440	Resilience Districts. 971
1441	1441	Section 22. This act shall take effect July 1, 2023. 972