FL
Florida House Bill H4061

Florida 2025 Regular Session

Florida House Bill H4061 Compare Versions

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1010 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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1214 A bill to be entitled 1
1315 An act relating to the West Villages Improvement 2
1416 District, Sarasota County; amending chapter 2004 -456, 3
1517 Laws of Florida, as amended; revising statutory 4
1618 references; removing a prohibition on the district 5
17-obtaining fee simple title to certain real property; 6
19+obtaining fee simple title certain real property; 6
1820 revising board member election procedures; revising 7
1921 the district's right and power of eminent domain ; 8
2022 providing an effective date. 9
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2224 Be It Enacted by the Legislature of the State of Florida: 11
2325 12
2426 Section 1. Subsection (3) of section 2, paragraph (d) of 13
2527 subsection (2) of section 3, subsection (4) of section 4, and 14
2628 section 12 of chapter 2004 -456, Laws of Florida, as amended by 15
27-chapters 2006-355 and 2007-307, Laws of Florida, are amended to 16
29+chapters 2007-307 and 2006-355, Laws of Florida, are amended to 16
2830 read: 17
2931 Section 2. District; creation, jurisdiction, and purpose. — 18
3032 (3) The district is created for all purposes as shall be 19
3133 liberally construed from and set forth in this act, under 20
3234 chapters 189 and sections 189.401-189.429, Florida Statutes, 21
3335 provided that section 189.4045(2), Florida Statutes, is 22
3436 specifically excluded an d not applicable to the district or to 23
3537 the City of North Port as to that portion of the district 24
3638 located within the City of North Port jurisdictional boundaries, 25
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4547 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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4751 or to Sarasota County as to that portion of the district located 26
4852 within the unincorporated are a, and chapter 298, Florida 27
4953 Statutes, as the same may be amended from time to time, except 28
5054 that an inconsistent provision in this act shall control, and 29
5155 may perform such acts as shall be necessary, convenient, 30
5256 incidental, or proper for the provision, acqui sition, 31
5357 development, operation, and maintenance of those public 32
5458 infrastructure works and services authorized herein, including 33
5559 all facilities necessary and incidental thereto. 34
5660 Section 3. District powers, functions, and duties. — 35
5761 (2) The district is he reby authorized and empowered as 36
5862 follows: 37
5963 (d) To acquire by grant, loan, purchase, gift, transfer, 38
6064 exchange, dedication, lease, devise, or, when reasonably 39
6165 necessary for the implementation of district -authorized public 40
6266 infrastructure works, facilities, o r services by means of the 41
6367 exercise of the right of eminent domain pursuant to the laws of 42
6468 the state and in accordance with section 12 of this act, all 43
6569 property, real or personal, or any easement, license, estate, or 44
6670 interest therein necessary, desirable, or convenient for the 45
6771 purposes of this act, and to sell, convey, transfer, gift, 46
6872 lease, rent, dedicate, forfeit, abandon, exchange, or assign all 47
6973 or any part thereof to or with other entities, including 48
7074 governmental entities and agencies, and to exercise a ll of its 49
7175 powers and authority with respect thereto. The district shall 50
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8084 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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8288 not have the right of eminent domain outside of the boundaries 51
8389 of the district. Notwithstanding anything contained herein, the 52
8490 district shall not obtain fee simple title to any real pr operty 53
8591 within the district except as follows: 54
8692 1. As to that portion of the district located within the 55
8793 City of North Port jurisdictional boundaries, with the approval 56
8894 of the City of North Port Commission or its designee; 57
8995 2. As to that portion of the di strict located within the 58
9096 unincorporated area, with the approval of the Board of County 59
9197 Commissioners of Sarasota County or its designee; or 60
9298 3. As otherwise required by another governmental entity or 61
9399 agency. 62
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95101 Any property interests owned by the district which are used for 64
96102 nonpublic or private commercial purposes shall be subject to all 65
97103 ad valorem taxes, intangible personal property taxes, or non -ad 66
98104 valorem assessments, as would be applicable if said property 67
99105 were privately owned. 68
100106 Section 4. Board of s upervisors; election, organization, 69
101107 powers, duties, and terms of office. — 70
102108 (4) Each year during the month of June, beginning with 71
103109 June of the second year following the first election, a 72
104110 supervisor shall be elected, as hereinafter provided, by the 73
105111 landowners of said district to take the place of the retiring 74
106112 supervisor. All vacan cies or expirations on said board shall be 75
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115121 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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117125 filled as provided by this act. All supervisors of the district 76
118126 shall be citizens of the United States. Following the initial 77
119127 election of supervisors in order to be eligible for election, a 78
120128 candidate for an office of supervisor shall be required to file 79
121129 a written notice of intention to be a candidate in said office 80
122130 of the district at least 30 calendar days but not earlier than 81
123131 90 calendar days before but not including the day of the annual 82
124132 meeting of the landowners . In case of a vacancy in the office of 83
125133 any supervisor, the remaining supervisors within 90 calendar 84
126134 days of the vacancy shall fill such vacancy until the expiration 85
127135 of that seat's outstanding term when a successor shall be 86
128136 elected by the landowners. 87
129137 (a) Board members shall begin being elected by qualified 88
130138 electors of the district as the district becomes populated with 89
131139 qualified electors. "Qualified elector" means any person at 90
132140 least 18 years of age who is a citizen of the United States and 91
133141 a legal resident of the state and of the district and who 92
134142 registers to vote with the Supervisor of Elections in Sarasota 93
135143 County. The transition shall occur such that the composition of 94
136144 the board, after the first general election following a trigger 95
137145 of the qualified elec tor population thresholds set forth below, 96
138146 shall be as follows: 97
139147 1. One governing board member shall be a person who is a 98
140148 qualified elector of the district and who was elected by the 99
141-qualified electors and four governing board members shall be 100
149+qualified electors, and four governing board members shall be 100
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150158 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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152162 persons who were elected by the landowners. 101
153- 2. Once 17,598 qualified electors reside within the 102
163+ 2. Once 22,854 qualified electors reside within the 102
154164 district, two governing board members shall be persons who are 103
155165 qualified electors of the district and who were elected by the 104
156-qualified electors and three governing boar d members shall be 105
166+qualified electors, and three governing bo ard members shall be 105
157167 persons elected by the landowners. 106
158- 3. Once 26,397 qualified electors reside within the 107
168+ 3. Once 32,280 qualified electors reside within the 107
159169 district, three governing board members shall be persons who are 108
160170 qualified electors of the district and who were elected by the 109
161171 qualified electors and two governing board members shall be 110
162172 persons who were elected by the landowners. 111
163- 4. Once 35,196 qualified electors reside within the 112
173+ 4. Once 45,707 qualified electors reside within the 112
164174 district, four governing board members shall be persons who are 113
165175 qualified electors of the district and who were elec ted by the 114
166176 qualified electors and one governing board member shall be a 115
167177 person who was elected by the landowners. 116
168- 5. Once 39,595 qualified electors reside within the 117
178+ 5. Once 51,420 qualified electors reside within the 117
169179 district, all five governing board members shall be persons who 118
170180 are qualified electors o f the district and who were elected by 119
171181 the qualified electors. 120
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173-Nothing in this paragraph is intended to require an election 122
174-prior to the expiration of an existing board member's term. 123
182+Nothing in this sub-subparagraph is intended to require an 121
183+election prior to the expiration of an existing board member's 122
184+term. 123
175185 (b) On or before June 1 of each election year, the board 124
176186 shall determine the number of qualified electors in the district 125
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185195 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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187199 as of the immediately preceding April 15. The board shall use 126
188200 and rely upon the official records maintained by the supervisor 127
189201 of elections and property appraiser or tax collector in Sarasota 128
190202 County in making this determination. Such determination shall be 129
191203 made at a properly noticed meeting of the board and shall become 130
192204 a part of the official minutes of the district. 131
193205 (c) All governing board members elected by qualified 132
194206 electors shall be elected at large at an election occurring as 133
195-provided in subsection (3) and this section. 134
207+provided in subsection 4(3) and this Section. 134
196208 (d) All governing board members elected by qualified 135
197209 electors shall reside in the district. 136
198210 (e) Once the district qualifies to have any of its board 137
199211 members elected by the qualified electors of the district, the 138
200212 initial and all subsequent elections by the qualified electors 139
201213 of the district shall be held at the general election in 140
202214 November. The board shall adopt a resolution, if necessary, to 141
203215 implement this requirement. The transition process described 142
204216 herein is intended to be in lieu of the process set forth in s. 143
205217 189.041, Florida Statutes. 144
206218 (f) Elections of board members by qualified electors held 145
207219 pursuant to this subsection shall be nonpartisan and shall be 146
208220 conducted in the manner prescribed by law for holding general 147
209221 elections. Board members shall assume the office on the second 148
210222 Tuesday following their election. 149
211223 (g) Candidates seeking election to office by qualified 150
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220232 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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222236 electors under this subsection shall conduct their campaigns in 151
223237 accordance with the provisions of chapter 106, Florida Statutes, 152
224238 and shall file qualifying papers and qualify for individual 153
225239 seats in accordance with s. 99.061, Florida Statutes. 154
226240 (h) The supervisor of elections shall appoint the 155
227241 inspectors and clerks of elections, prepare and furnish the 156
228242 ballots, designate polling places, and canvass the returns of 157
229243 the election of board members by qualified electors. The county 158
230244 canvassing board shall declare and certify the results of the 159
231245 election. If, on or before January 1 of any calendar year, there 160
232246 are 6,000 owners of real property in that portion of the 161
233247 district located within the City of North Port that are 162
234248 registered voters in the City of North Port, a t least one 163
235249 supervisor elected at the next regularly scheduled election 164
236250 shall be a resident of and owner of real property in that 165
237251 portion of the district located within the City of North Port. 166
238252 If, on or before January 1 of any calendar year, there are 3,00 0 167
239253 owners of real property in that portion of the district located 168
240254 within the unincorporated area of Sarasota County that are 169
241255 registered voters of Sarasota County, at least one supervisor 170
242256 elected at the next regularly scheduled election shall be a 171
243257 resident of and owner of real property in that portion of the 172
244258 district located within unincorporated Sarasota County. 173
245259 Section 12. Eminent domain. —The said board of supervisors 174
246260 is hereby authorized and empowered, when reasonably necessary 175
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255269 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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257273 for the implementation of district authorized public 176
258274 infrastructure works, facilities, or services, to exercise 177
259275 within the district, with prior approval by resolution of the 178
260276 governing body of the district, the right and power of eminent 179
261277 domain, pursuant to the provisions of chap ters 73 and 74, 180
262278 Florida Statutes, over any property within the district and the 181
263279 City of North Port or unincorporated Sarasota County, except 182
264280 municipal, county, state, and federal property, for the uses and 183
265281 purposes of the district relating solely to water, sewer, 184
266282 district roads, and water management, specifically including, 185
267283 without limitation, the power for the taking of easements for 186
268284 the drainage of the land of one person over and through the land 187
269285 of another; however, the exercise of any such power of emin ent 188
270286 domain: 189
271287 (1) Within the territorial boundaries of the City of North 190
272288 Port, whether or not within the district boundaries, shall 191
273289 require the prior approval, by resolution, of the City of North 192
274290 Port City Commission (which approval shall not be unreasonab ly 193
275291 withheld); or 194
276292 (2) Within the unincorporated area, whether or not within 195
277293 the district boundaries, shall require the prior approval, by 196
278294 resolution, of the Board of County Commissioners of Sarasota 197
279295 County (which approval shall not be unreasonably withhel d). 198
280- Section 2. This act shall take effect upon becoming a law. 199
296+ Section 2. This act shall take effect upon becoming law. 199