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