Florida Senate - 2025 SB 1316 By Senator Grall 29-01145-25 20251316__ 1 A bill to be entitled 2 An act relating to resilience districts; creating s. 3 190.101, F.S.; providing a short title; creating s. 4 190.102, F.S.; providing legislative findings; 5 creating s. 190.103, F.S.; defining terms; creating s. 6 190.104, F.S.; declaring that the act constitutes the 7 sole authority for resilience districts; creating s. 8 190.105, F.S.; authorizing the establishment of 9 infrastructure resilience districts through a petition 10 by certain persons; specifying the requirements for 11 the petition; requiring the petitioner to submit 12 copies of the petition to specified counties and 13 municipalities and pay a certain fee; authorizing 14 petitioners to engage in certain meetings before the 15 filing of the petition; requiring certain counties and 16 municipalities to conduct public hearings; specifying 17 a timeframe for conducting such hearings; authorizing 18 counties or municipalities to express support of or 19 objection to the resilience district by resolution in 20 a certain manner; requiring that the public hearing on 21 a petition be conducted in a certain manner; requiring 22 the petitioner to publish certain notice of the 23 hearing; authorizing the local government to consider 24 specified factors in granting or denying a petition 25 for an infrastructure resilience district; specifying 26 certain requirements if the petition is denied on a 27 specified basis; requiring that an interlocal 28 agreement be signed in certain circumstances; 29 authorizing the establishment of condominium 30 resilience districts through a petition by certain 31 persons; requiring counties to develop a process to 32 receive such petitions by a certain date; specifying 33 the requirements of the petition; requiring the 34 petitioner to submit a petition to a specified county 35 and to pay certain fees; requiring the county to 36 provide certain notifications; requiring the county to 37 conduct a public hearing under certain circumstances; 38 specifying a timeframe and requirements for such 39 hearing; authorizing counties to express support of or 40 objection to the resilience district by resolution in 41 a certain manner; requiring that the hearing be 42 conducted in a certain manner; requiring the 43 petitioner to publish certain notice of the hearing; 44 specifying factors the county is required to consider 45 in granting or denying a petition for a condominium 46 resilience district; creating s. 190.1052, F.S.; 47 specifying requirements for resilience districts and 48 condominium resilience districts; requiring a 49 resilience district to have the agreement of the local 50 general-purpose government in certain circumstances; 51 prohibiting certain district configurations; requiring 52 the dissolution of other special taxing districts and 53 the transfer of certain funds in certain 54 circumstances; specifying that the resilience district 55 includes certain consolidated property in certain 56 circumstances; creating s. 190.1054, F.S.; specifying 57 acceptable uses of infrastructure resilience districts 58 and condominium resilience districts; prohibiting 59 certain condominiums from using resilience districts; 60 providing limitations on the use of resilience 61 districts; requiring that additional projects be 62 approved through an amended petition; creating s. 63 190.1056, F.S.; authorizing the payment of certain 64 fees for project management of infrastructure 65 resilience districts; requiring the provision of a 66 certain fee to the property appraiser for certain 67 administration; requiring that all fees be factored 68 into the loan amount; creating s. 190.106, F.S.; 69 specifying the composition, length of terms, and 70 procedure for filling vacancies of the board of 71 supervisors of an infrastructure resilience district; 72 specifying the powers, composition, procedure for 73 filling vacancies, and elections of the board of 74 supervisors of a condominium resilience district; 75 prohibiting board members from receiving compensation 76 and performing the work of the district; requiring 77 board members to be residents of this state and 78 citizens of the United States; creating s. 190.108, 79 F.S.; requiring each resilience district to publish 80 and provide to certain persons an annual budget; 81 requiring the district to provide certain financial 82 reports; authorizing the local government to review 83 and submit comments regarding a districts annual 84 budget; creating s. 190.111, F.S.; providing the 85 powers of a resilience district; creating s. 190.133, 86 F.S.; requiring resilience districts to follow 87 specified procurement processes; creating s. 190.136, 88 F.S.; authorizing a resilience district to recover 89 unpaid fees, rental charges, or penalties; creating s. 90 190.146, F.S.; specifying the circumstances in which 91 the district can be expanded or reduced; providing for 92 the termination of an infrastructure resilience 93 district or a condominium resilience district in 94 certain circumstances; creating s. 190.148, F.S.; 95 requiring a specified disclosure for sales of real 96 property located in a resilience district; creating s. 97 190.149, F.S.; requiring the district to record a 98 specified notice of establishment of a resilience 99 district within a specified timeframe; amending ss. 100 190.002, 190.003, 190.046, and 190.048, F.S.; 101 conforming provisions to changes made by the act; 102 providing a directive to the Division of Law Revision; 103 providing an effective date. 104 105 Be It Enacted by the Legislature of the State of Florida: 106 107 Section 1.Section 190.101, Florida Statutes, is created to 108 read: 109 190.101Short title.Sections 190.101-190.149 may be cited 110 as the Resilience District Act of 2025. 111 Section 2.Section 190.102, Florida Statutes, is created to 112 read: 113 190.102Legislative findings.The Legislature finds that: 114 (1)There is a need for uniform, focused, and fair 115 procedures in state law to provide financial mechanisms to help 116 communities mitigate the risk from rising sea levels and 117 increased flooding while improving the quality of life for their 118 residents. 119 (2)Local governments need support to address these 120 challenges in a timely manner, including providing new, 121 resident-focused solutions to solve infrastructure problems. 122 (3)Even though more than half of this states 123 municipalities have fewer than 6,000 residents, current 124 financing mechanisms disproportionately benefit larger and more 125 affluent communities. 126 (4)There is a need to provide condominiums with long-term 127 financing mechanisms to solve their large infrastructure 128 problems and to comply with statutory mandates requiring 129 condominium associations to maintain fully funded reserves. 130 (5)Allowing current special districts to exist in 131 perpetuity, long after their functional responsibilities and 132 initial debt financing are over, is not in the states best 133 interest. 134 Section 3.Section 190.103, Florida Statutes, is created to 135 read: 136 190.103Definitions.As used in ss. 190.101-190.149, the 137 term: 138 (1)Board or board of supervisors has the same meaning 139 as in s. 190.003. 140 (2)Bond means any general obligation bond, assessment 141 bond, refunding bond, revenue bond, and other such obligation in 142 the nature of a bond as is provided for in this act. 143 (3)District means a resilience district. 144 (4)District boundaries means a continuous geographic 145 area with common interest. 146 (5)Infrastructure means any fixed capital expenditure or 147 fixed capital costs associated with the construction, 148 reconstruction, or improvement of facilities that have a life 149 expectancy of 5 or more years and any land acquisition, land 150 improvement, design, and engineering costs related thereto. 151 (6)Landowner means the owner of a freehold estate as it 152 appears by the deed record, including a trustee, a private 153 corporation, and an owner of a condominium unit. The term does 154 not include a reversioner, remainderman, mortgagee, or any 155 governmental entity that may not be counted and need not be 156 notified of proceedings under this act. The term includes the 157 owner of a ground lease from a governmental entity, which 158 leasehold interest has a remaining term, excluding all renewal 159 options, in excess of 50 years. 160 (7)Parcel means any quantity of land capable of being 161 described with such definiteness that its location and 162 boundaries may be established, which is designated by its owner 163 or developer as land to be used or developed as a unit, or which 164 has been used or developed as a unit. 165 (8)Resilience district means a citizen-initiated 166 financing district created pursuant to this act and limited to 167 the performance of those specialized functions authorized by 168 this act which solve infrastructure and resilience problems 169 affecting the districts geographic area, specifically for 170 public infrastructure or condominiums. 171 (9)Taxpayer means any person or corporation paying 172 property taxes for property owned within the district boundary. 173 Section 4.Section 190.104, Florida Statutes, is created to 174 read: 175 190.104Sole authority.This act constitutes the sole 176 authorization for the future establishment of resilience 177 districts that have any of the specialized functions and powers 178 provided by this act. 179 Section 5.Section 190.105, Florida Statutes, is created to 180 read: 181 190.105Establishment of district. 182 (1)The exclusive and uniform method for the establishment 183 of an infrastructure resilience district to address 184 infrastructure problems is through a petition from the taxpayers 185 who own real property within the district boundaries. A local 186 government may not initiate the creation of the infrastructure 187 resilience district without such petition. 188 (a)A petition for the establishment of an infrastructure 189 resilience district must be filed by the petitioner with the 190 desired local government, which will serve as the project 191 manager for the district, unless the district hires a private 192 individual to provide this service. The petition must contain 193 all of the following: 194 1.A metes and bounds description of the boundaries of the 195 district. Any real property within the boundaries of the 196 district which is to be excluded from the district must be 197 specifically described, and the last known address of all owners 198 of such real property must be listed. The petition must also 199 address the impact of the proposed district on any real property 200 within the external boundaries of the district which is to be 201 excluded from the district. 202 2.The written consent to the establishment of the district 203 by 70 percent of the landowners whose real property is to be 204 included in the district or documentation demonstrating that the 205 petitioner has control by deed, trust agreement, contract, or 206 option of 100 percent of the real property to be included in the 207 district. When real property to be included in the district is 208 owned by a governmental entity and subject to a ground lease as 209 described in s. 190.103(6), the governmental entity must provide 210 its written consent. The petitioner must verify ownership of 211 property with the county property appraiser. 212 3.The proposed name of the district. 213 4.Identification of the proposed district as an acceptable 214 use of the district pursuant to s. 190.1054(1). 215 5.A written description of the necessity for the district. 216 6.Designation of five persons to be the initial members of 217 the districts board of supervisors, who will serve in that 218 office until replaced by members as provided in s. 190.106. 219 7.Based upon available data, the proposed budget of the 220 district and the timeline for expenditure of the funds. The 221 proposed budget and expenditure timeline must be submitted in 222 good faith but are not binding and may be revised as needed. The 223 proposed budget must include the overall cost of the 224 infrastructure project, years of repayment, probable cost per 225 property, and any fees being paid to a local general-purpose 226 government in support of the development and operation of the 227 district. 228 (b)The petitioner must submit a copy of the petition to 229 the local government that will serve as the project manager, 230 along with an application fee of $500, and to each municipality 231 or county with boundaries that are contiguous with, or contain 232 all or a portion of, the land within the boundaries of the 233 proposed resilience district. In cases where conflicts arise 234 over the formation of a resilience district, the petitioner may 235 engage the local government in meetings before the petition is 236 filed in order to find a resolution that is mutually agreeable 237 to all parties. 238 (c)Each county and municipality required under this 239 section to receive a petition must conduct a public hearing to 240 consider the merits of the petition and the factors specified in 241 paragraph (d). 242 1.The public hearing must be conducted within 90 days 243 after the date the petition is filed, unless an extension of 244 time is requested by the petitioner and granted by the county or 245 municipality. The county or municipality holding the public 246 hearing may express its support of or objection to the creation 247 of the district by resolution. The resolution must base any 248 objection to the granting of the petition upon the factors 249 specified in paragraph (d) and be adopted by a supermajority 250 vote of the governing body of the county or municipality. 251 2.The public hearing on the petition must be conducted in 252 accordance with local regulations regarding public hearings. The 253 hearing must be held at an accessible location of the local 254 government that receives the petition for the resilience 255 district. The petitioner must publish a notice of the hearing 256 for 4 successive weeks on a publicly accessible website as 257 provided in s. 50.0311 and mail a notice to every landowner 258 within the proposed boundaries of the district at least 30 days 259 before the hearing. Such notice must provide the time and place 260 for the hearing, a description of the area to be included in the 261 district, a map clearly showing such area, and any other 262 relevant information the county or municipality requires. All 263 affected units of the local general-purpose government and the 264 general public must be given an opportunity to appear at the 265 hearing and present oral or written comments on the petition. 266 (d)The local general-purpose government where the petition 267 is filed may consider any of the following factors in granting 268 or denying the petition for the establishment of an 269 infrastructure resilience district: 270 1.Whether all statements contained in the petition have 271 been found to be true and correct. 272 2.Whether the proposed district boundaries are in 273 compliance with s. 190.1052. 274 3.Whether the local general-purpose government has 275 committed to funding the infrastructure project proposed by the 276 district and to implementing the project within the next 5 277 years. The project must be clearly defined in a capital 278 improvement plan. 279 4.Whether an independent licensed engineering 280 professional, free of conflict and hired by the local general 281 purpose government, has determined that the proposed plan will 282 not improve the identified problem in a meaningful way. 283 5.Whether the district would primarily serve one parcel or 284 owner or numerous parcels that have related owners through 285 familial or business interests other than for the redevelopment 286 of nonresilient housing as described in s. 190.1054(1)(d). 287 6.Whether the infrastructure improvements being proposed 288 are outside the jurisdictional authority of any local government 289 included as a cooperative partner in the project. 290 7.Whether the proposed improvements would have a 291 significant negative impact on other property owners outside the 292 proposed district and whether a remedy exists to mitigate such 293 impact. 294 8.Whether the operation and maintenance of the proposed 295 infrastructure would create an undue burden on the local 296 general-purpose government. 297 9.Whether the establishment of the district is 298 inconsistent with any applicable element or portion of the local 299 general-purpose governments comprehensive plan. 300 (e)If the local general-purpose government denies the 301 petition because the proposed district boundaries are not in 302 compliance with s. 190.1052, the local general-purpose 303 government must, upon the petitioners request, work with the 304 petitioner to determine an acceptable boundary for the formation 305 of the district and allow the petitioner to revise the petition 306 accordingly. 307 (f)If the local general-purpose government denies the 308 petition based upon consideration of the factor provided in 309 subparagraph (d)3. and then fails to implement the 310 infrastructure improvement or eliminates funding for it at any 311 time within 5 years, the local general purpose-government must 312 rehear the petition within 45 days and may not deny the petition 313 based upon consideration of that factor. In this case, the local 314 general-purpose government, if selected as the project manager, 315 may not receive a project management fee and is responsible for 316 the amount of any increased costs above the petitioners 317 previously submitted cost estimate for the infrastructure 318 project. 319 (g)If the local general-purpose government denies the 320 petition based upon consideration of any factor provided in 321 paragraph (d) without working with the petitioner to attempt to 322 modify the petition or to find an agreeable alternative, the 323 local general-purpose government must commence the 324 infrastructure project, or an appropriate alternative, at the 325 local general-purpose governments cost within 180 days and may 326 not create an unreasonable delay in the completion of the 327 project. 328 (h)If lands within the proposed district overlap the 329 boundaries of more than one local general-purpose government, 330 the affected local general-purpose governments must enter into 331 an interlocal agreement with the local government receiving the 332 petition. The interlocal agreement must be in place within 120 333 days after the approval of the district and before the 334 commencement of any work of the resilience district. 335 (2)The exclusive and uniform method for the establishment 336 of a condominium resilience district for a condominium 337 association is through a petition from residents and taxpayers 338 who are unit owners of the condominiums located within the 339 district boundaries. All counties must develop a process to 340 receive such petitions by December 15, 2025. A local government 341 may not initiate the creation of a condominium resilience 342 district without such petition. 343 (a)A petition for the establishment of a condominium 344 resilience district must be filed by the petitioner with the 345 county in which a majority of the condominium units are located. 346 The petition must contain: 347 1.A metes and bounds description of the boundaries of the 348 district. Any real property within the boundaries of the 349 district which is to be excluded from the district must be 350 specifically described, and the last known address of all owners 351 of such real property must be listed. The petition must also 352 address the impact of the proposed district on any real property 353 within the external boundaries of the district which is to be 354 excluded from the district. 355 2.The written consent to the establishment of the district 356 by 70 percent of the unit owners to be included in the district 357 or documentation demonstrating that the petitioner has control 358 by deed, trust agreement, contract, or option of 100 percent of 359 the real property to be included in the district. When real 360 property to be included in the district is owned by a 361 governmental entity and subject to a ground lease as described 362 in s. 190.103(6), the governmental entity must provide its 363 written consent. The petitioner must verify ownership of 364 property with the county property appraiser. 365 3.The proposed name of the district. 366 4.A written description of the necessity for the district. 367 5.Designation of the existing board of the condominium to 368 be the districts board of supervisors, who will serve until 369 replaced by elected members as provided in s. 190.106. 370 6.Based upon available data, the proposed budget of the 371 district and the timeline for expenditure of the funds. The 372 proposed budget and expenditure timeline must be submitted in 373 good faith but are not binding and may be revised as needed. The 374 proposed budget must include the overall cost of the 375 infrastructure project, years of repayment, probable cost per 376 property, and any fees being paid to a local general-purpose 377 government in support of the development and operation of the 378 district. 379 7.Proof of notification to all unit owners of the plan to 380 create a district and the condominium association meeting 381 minutes in which the creation of the district was approved by 382 the board of the condominium association. 383 8.A letter of recommendation for each condominium, signed 384 by the president or chair of the association board. 385 (b)The petitioner must submit a copy of the petition to 386 the county in which a majority of the condominium units are 387 located, along with an application fee of $200 plus $2 per unit 388 within the district to cover the cost of notification. 389 (c)The county must notify all affected residents by mail 390 of the petition to create the resilience district and notify 391 them of their rights under paragraph (d). 392 (d)The county must conduct a public hearing to consider 393 the merits of the petition and the factors specified in 394 paragraph (e) if at least 10 percent of the unit owners impacted 395 request such a hearing in writing within 45 days after the 396 county receives the initial petition. 397 1.The public hearing must be conducted within 90 days 398 after receipt of such hearing request, unless an extension of 399 time is requested by the petitioner and granted by the county. 400 The county may express its support of or objection to the 401 creation of the district by resolution. The resolution must base 402 any objection to the granting of the petition upon the factors 403 specified in paragraph (e) and be adopted by a supermajority 404 vote of the governing body of the county. 405 2.A public hearing on the petition must be conducted in 406 accordance with local regulations regarding public hearings. The 407 hearing must be held at an accessible location in the county. 408 The petitioner must publish a notice of the hearing for 4 409 successive weeks on a publicly accessible website as provided in 410 s. 50.0311 and provide a mailed notice to every unit owner 411 within the proposed boundaries of the district at least 30 days 412 before the hearing. Such notice must provide the time and place 413 for the hearing, a description of the area to be included in the 414 district, a map clearly showing such area, and any other 415 relevant information the county requires. All affected unit 416 owners and the general public must be given an opportunity to 417 appear at the hearing and present oral or written comments on 418 the petition. 419 (e)The county must consider the following factors in 420 deciding whether to grant or deny a petition for the 421 establishment of a condominium resilience district: 422 1.Whether all statements contained in the petition have 423 been found to be true and correct. 424 2.Whether the proposed district boundaries are in 425 compliance with s. 190.1052. 426 3.Whether the district would primarily serve one owner or 427 numerous parcels that have related owners through familial or 428 business interests. 429 4.Whether the district would create an undue burden on 430 affected residents because other alternatives exist to fund and 431 develop proposed infrastructure improvements at a lower cost. 432 Section 6.Section 190.1052, Florida Statutes, is created 433 to read: 434 190.1052District boundaries. 435 (1)A resilience district must be compact and the smallest 436 size necessary to solve the identified problem, yet sufficient 437 in size to encompass the properties that will benefit from the 438 proposed infrastructure improvements. 439 (2)A condominium resilience district must include an 440 entire building or group of related buildings that are adjacent 441 and share common areas such as a pool, a clubhouse, or other 442 common facilities. 443 (3)A resilience district must have the agreement of the 444 local general-purpose government if more than 5 percent of the 445 land area of the district is within the boundaries of the local 446 general-purpose government. The land area calculation may not 447 include rights-of-way or other publicly accessible lands used 448 for infrastructure. 449 (4)A resilience district may not: 450 (a)Have one owner with more than 10 percent of the area of 451 the district without the consent of that owner. 452 (b)Include state or federal property, including submerged 453 lands, without the consent of the state or Federal Government, 454 as applicable. 455 (c)Include federal Indian reservation lands. 456 (5)If a resilience district is identical to, or shares 457 more than 90 percent of the geography of, any existing special 458 taxing district that primarily serves a similar function, the 459 existing district must be dissolved and reconstituted as a 460 resilience district as defined under this act, and all existing 461 funds serving the existing district must be transferred to the 462 resilience district. This subsection applies to resilience 463 districts under this act which have the same boundary as 464 existing resilience districts. 465 (6)If a property within the district consolidates with an 466 adjacent unit or property, the district includes the entirety of 467 the consolidated property. 468 Section 7.Section 190.1054, Florida Statutes, is created 469 to read: 470 190.1054Uses of the district. 471 (1)Acceptable uses of infrastructure resilience districts 472 include, but are not limited to, all of the following: 473 (a)Projects that mitigate the risk of flooding and sea 474 level rise as described in s. 380.093, including the costs of 475 design, permitting, and other preconstruction activities, as 476 well as harmonization of the project with private property. 477 Exclusions on the use of the funds provided under s. 380.093 do 478 not apply to resilience districts. 479 (b)Infrastructure that improves access to property during 480 flood or storm events. This may include the cost of design, 481 permitting, and other preconstruction activities, as well as 482 harmonization of the infrastructure with private property. 483 (c)Septic to sewer conversion. If infrastructure 484 improvement outside of the district is necessary to provide 485 sewer service, the entity providing such service may include the 486 cost of the proportional benefit to the residents of the 487 district, if such costs have been similarly charged to expand 488 sewer service. This may include the cost of design, permitting, 489 and other preconstruction activities, as well as harmonization 490 of the sewer service with private property. 491 (d)Redevelopment of nonresilient housing stock and related 492 infrastructure improvements. 493 1.Nonresilient housing stock includes, but is not limited 494 to, mobile home parks, manufactured housing, and areas where 90 495 percent or greater of the properties have a first finished floor 496 elevation below the designated base flood elevation. 497 2.For redevelopments where the average income of the 498 current residents is below the countys median household income, 499 a developer must provide all of the following: 500 a.An affordable housing unit, as defined by the Florida 501 Housing Finance Corporation, for every existing structure or 502 unit. 503 b.The first right of refusal to the residents of the 504 district for rental or purchase of new units developed. 505 c.For residents who desire to stay in the district during 506 redevelopment, a clear plan for the nondisplacement or temporary 507 relocation of existing residents during construction. The cost 508 of relocation and additional cost of any housing must be covered 509 by the district. For residents who desire to leave the district 510 during redevelopment, the developer must pay for relocation 511 costs, including housing placement assistance and rental support 512 for the difference in costs, based on average market rent for at 513 least 12 months. 514 (e)Servicing the debt of any existing special taxing 515 district authorized under statute, if that district is 516 dissolved. 517 (2)An infrastructure resilience district may not be 518 created with the purpose of taking over public lands. 519 (3)Acceptable uses of a condominium resilience district 520 include, but are not limited to, all of the following: 521 (a)Fully funding the condominiums reserves. 522 1.To create a district for this purpose, the board of the 523 condominium association must provide the current approved budget 524 and a written plan on how to continue to fund the reserves 525 beyond any initial loan as part of the creation of the district. 526 2.Any funds borrowed under this section must be held in an 527 escrow account limited to use for the designed repairs required 528 as part of the reserve or unexpected repairs costing more than 529 $10,000. 530 (b)Making structural or other improvements that would 531 otherwise require assessing the unit owners more than one 532 quarter of the sum of the total assessment collected by the 533 association annually based on the previous 3 years of 534 collections. 535 (c)Executing mandates of the Florida Building Code, 536 Florida Fire Prevention Code, or local building codes. 537 (4)A condominium resilience district may not be used by a 538 condominium association when more than 40 percent of the units 539 are owned by a single owner or group of related owners or if the 540 association is in formal negotiations to sell all units and 541 dissolve the association. All debt service must be paid off and 542 the district dissolved before the transfer of ownership of any 543 condominium to a single owner or group of related owners. 544 (5)Resilience districts may not exist in perpetuity and 545 must be created with a specific purpose allowed under this 546 section. Districts may not add additional projects beyond those 547 approved as part of the petition under s. 190.105 unless the 548 additional projects are identified, within 5 years after the 549 creation of the district, as required supplements to the initial 550 project which fix a deficiency expected to compromise the intent 551 and purpose of the initial project. Additional projects require 552 the approval of 70 percent of the unit owners within the 553 district through an amended petition under s. 190.105. The 554 amended petition must be verified by the local property 555 appraiser. 556 Section 8.Section 190.1056, Florida Statutes, is created 557 to read: 558 190.1056Management and service fees. 559 (1)If the local government is acting as the project 560 manager for an infrastructure resilience district, the district 561 may pay up to a 5 percent project management fee based on the 562 total cost of design and construction. Half of the fee must be 563 paid to the local government acting as the project manager at 564 the commencement of the project and the remainder at the 565 completion of the project. If an outside firm manages the 566 project, the actual cost of project management may be charged if 567 approved as part of the creation of the district but may not 568 exceed 10 percent of the total cost of design and construction. 569 The project manager must be a professional engineer licensed in 570 this state and employed by a company that is authorized to do 571 business in this state. 572 (2)The local property appraiser must receive up to a 2 573 percent administrative fee or the actual cost of administration, 574 whichever is less, based on the annual amount of collection for 575 the district for any debt service. 576 (3)All fees must be factored into any overall loan amount 577 reflected in the budget as a part of the petition approval 578 process. 579 Section 9.Section 190.106, Florida Statutes, is created to 580 read: 581 190.106Board of supervisors; members and meetings. 582 (1)For infrastructure resilience districts: 583 (a)The district board of supervisors shall be composed of 584 a minimum of three and no more than seven members, or two 585 members for each local government that is a party to the 586 district plus one member, whichever is greater. 587 (b)Members of the board shall be appointed by the 588 governing body of the local general-purpose government. The 589 board shall include one elected official from each local 590 government that received a copy of the petition, but a majority 591 of the members of the board must be property owners from within 592 the district. Local government elected officials are not 593 considered property owners from within the district, even if 594 they own property within the district. 595 (c)A term on the board may not be for more than 5 years. 596 (d)Vacancies must be filled by the governing body of the 597 local general-purpose government that created the district. If 598 the local general-purpose government fails to fill a vacancy 599 within 60 days, the board may appoint an interim member in a 600 publicly noticed meeting in accordance with this chapter. 601 (2)For condominium resilience districts: 602 (a)The district board of supervisors exercises the powers 603 granted to the district pursuant to this act. 604 (b)The board of the condominium association shall serve as 605 the district board of supervisors. However, if a member of the 606 board of the condominium association cannot comply with the 607 requirements to serve on the district board, a substitute member 608 may be elected to the district board during the elections of the 609 condominium association board. 610 (c)Vacancies must be filled and elections held in 611 accordance with the bylaws of the association, which must be 612 publicly available and provided. 613 (3)District board members shall follow all applicable 614 local, state, and federal laws. 615 (4)District board members may not be compensated for their 616 service. 617 (5)District board members may not perform any of the work 618 of the district. 619 (6)District board members must be residents of this state 620 and citizens of the United States. 621 Section 10.Section 190.108, Florida Statutes, is created 622 to read: 623 190.108Budget; reports and reviews. 624 (1)Each resilience district shall publish an annual budget 625 that must be provided to each resident and landowner or unit 626 owner within the district. 627 (2)A condominium resilience district shall also provide 628 the districts annual budget to the local building official and 629 local property appraiser. 630 (3)The district shall provide financial reports in such 631 form and such manner as prescribed pursuant to this section and 632 s. 190.009. 633 (4)The local general-purpose government may review the 634 proposed annual budget and any long-term financial plan or 635 program and may submit written comments to the resilience 636 district board of supervisors for its assistance and information 637 in adopting the district annual budget and long-term financial 638 plan or program. 639 Section 11.Section 190.111, Florida Statutes, is created 640 to read: 641 190.111General powers.A resilience district has, and its 642 board of supervisors may exercise, all of the following powers: 643 (1)To borrow money and issue bonds, certificates, 644 warrants, notes, or other evidence of indebtedness as 645 hereinafter provided; to levy such tax and special assessments 646 as may be authorized; and to charge, collect, and enforce fees 647 and other charges. 648 (2)To contract for the services of consultants to perform 649 planning, engineering, legal, or other appropriate services of a 650 professional nature. Such contracts are subject to public 651 bidding or competitive negotiation requirements as provided in 652 s. 190.133. 653 (3)To cooperate with, or contract with, other governmental 654 agencies as may be necessary, convenient, incidental, or proper 655 in connection with any of the powers, duties, or purposes 656 authorized by this act. 657 (4)To exercise such special powers as may be authorized by 658 this act. 659 Section 12.Section 190.133, Florida Statutes, is created 660 to read: 661 190.133Bids required. 662 (1)An infrastructure resilience district must follow 663 applicable procurement processes of the local government that 664 manages the district or engage in procurement under a process 665 provided in s. 287.055. Project services may be procured under a 666 continuing contract with the approval of the district board of 667 supervisors. 668 (2)Condominium resilience districts must receive at least 669 three bids for each project. The district board of supervisors 670 must vote on the rationale supporting the selection of the firm 671 chosen. The three bids and rationale must be filed with the 672 local property appraiser or other entity as required by the 673 Department of Commerce. All bids and the outcome of the board 674 vote on the rationale supporting the selection of the firm 675 chosen must be provided to all unit owners. 676 Section 13.Section 190.136, Florida Statutes, is created 677 to read: 678 190.136Recovery of delinquent charges.In the event that 679 any fees, rental charges, or delinquent penalties are not paid 680 when due and are in default for 60 days or more, the unpaid 681 balance thereof and all interest accrued thereon, together with 682 reasonable attorney fees and costs, may be recovered by the 683 district in a civil action. 684 Section 14.Section 190.146, Florida Statutes, is created 685 to read: 686 190.146Reduction, expansion, or termination of district. 687 (1)The boundaries of the resilience district may only be 688 expanded or reduced as provided in s. 190.1052. 689 (2)For an infrastructure resilience district, upon 690 completion of the project, the appropriate local general-purpose 691 government shall take over ownership of all infrastructure built 692 by the district, and the district thereafter only exists to 693 service the debt incurred for the infrastructure project. The 694 district automatically terminates after all debt is paid. 695 (3)For a condominium resilience district, a unit owner may 696 petition to terminate the district by submitting to the board of 697 supervisors a petition supported by 70 percent of the unit 698 owners of the district. The petition must contain the same 699 information as required by s. 190.105(2)(a), and the petitioner 700 must follow the procedure set forth in s. 190.105(2)(b). All 701 debts must be paid before the district may be terminated. A 702 condominium resilience district automatically terminates after 703 the initially approved loan amount is used and all debt is paid. 704 Section 15.Section 190.148, Florida Statutes, is created 705 to read: 706 190.148Sale of real estate within a district; required 707 disclosure to purchaser.After the establishment of a resilience 708 district under s. 190.105, each contract for the initial sale of 709 a parcel of real property and each contract for the initial sale 710 of a residential unit within the district must include, printed 711 immediately above the space reserved in the contract for the 712 signature of the purchaser, the following disclosure statement 713 in boldface and conspicuous type that is larger than the type in 714 the remaining text of the contract: THE RESILIENCE DISTRICT 715 (NAME OF DISTRICT) IMPOSES AND LEVIES ASSESSMENTS ON THIS 716 PROPERTY. THESE ASSESSMENTS PAY THE DESIGN AND CONSTRUCTION 717 COSTS OF CERTAIN INFRASTRUCTURE IMPROVEMENTS AND ARE BASED ON 718 THE PETITION THAT CREATED THIS DISTRICT. THESE ASSESSMENTS ARE 719 IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND 720 ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY 721 LAW. 722 Section 16.Section 190.149, Florida Statutes, is created 723 to read: 724 190.149Notice of establishment.Within 30 days after the 725 establishment of a resilience district under s. 190.105, the 726 district shall record in the property records of the county in 727 which it is located a Notice of Establishment of a Resilience 728 District. The notice must, at a minimum, include the legal 729 description of the district and a copy of the disclosure 730 statement specified in s. 190.148. 731 Section 17.Subsection (3) of section 190.002, Florida 732 Statutes, is amended to read: 733 190.002Legislative findings, policies, and intent. 734 (3)It is the legislative intent and purpose, based upon, 735 and consistent with, its findings of fact and declarations of 736 policy, to authorize a uniform procedure by general law to 737 establish an independent special district as an alternative 738 method to manage and finance basic services for community 739 development. It is further the legislative intent and purpose to 740 provide by general law for the uniform operation, exercise of 741 power, and procedure for termination of any such independent 742 district. It is further the purpose and intent of the 743 Legislature that a district created under s. 190.005 this 744 chapter not have or exercise any zoning or development 745 permitting power, that the establishment of the independent 746 community development district as provided in this act not be a 747 development order within the meaning of chapter 380, and that 748 all applicable planning and permitting laws, rules, regulations, 749 and policies control the development of the land to be serviced 750 by the district. It is further the purpose and intent of the 751 Legislature that no debt or obligation of a district constitute 752 a burden on any local general-purpose government without its 753 consent. 754 Section 18.Section 190.003, Florida Statutes, is amended 755 to read: 756 190.003Definitions.As used in ss. 190.001-190.049 this 757 chapter, the term: 758 (1)Ad valorem bonds means bonds which are payable from 759 the proceeds of ad valorem taxes levied on real and tangible 760 personal property and which are generally referred to as general 761 obligation bonds. 762 (2)Assessable improvements means, without limitation, 763 any and all public improvements and community facilities that 764 the district is empowered to provide in accordance with this 765 act. 766 (3)Assessment bonds means special obligations of the 767 district which are payable solely from proceeds of the special 768 assessments levied for an assessable project. 769 (4)Board or board of supervisors means the governing 770 board of the district or, if such board has been abolished, the 771 board, body, or commission succeeding to the principal functions 772 thereof or to whom the powers given to the board by this act 773 have been given by law. 774 (5)Bond includes certificate, and the provisions which 775 are applicable to bonds are equally applicable to certificates. 776 The term bond includes any general obligation bond, assessment 777 bond, refunding bond, revenue bond, and other such obligation in 778 the nature of a bond as is provided for in this act, as the case 779 may be. 780 (6)Community development district means a local unit of 781 special-purpose government which is created pursuant to this act 782 and limited to the performance of those specialized functions 783 authorized by this act; the governing head of which is a body 784 created, organized, and constituted and authorized to function 785 specifically as prescribed in this act for the purpose of the 786 delivery of urban community development services; and the 787 formation, powers, governing body, operation, duration, 788 accountability, requirements for disclosure, and termination of 789 which are as required by general law. 790 (7)Compact, urban, mixed-use district means a district 791 located within a municipality and within a community 792 redevelopment area created pursuant to s. 163.356, that consists 793 of a maximum of 75 acres, and has development entitlements of at 794 least 400,000 square feet of retail development and 500 795 residential units. 796 (8)Cost, when used with reference to any project, 797 includes, but is not limited to: 798 (a)The expenses of determining the feasibility or 799 practicability of acquisition, construction, or reconstruction. 800 (b)The cost of surveys, estimates, plans, and 801 specifications. 802 (c)The cost of improvements. 803 (d)Engineering, fiscal, and legal expenses and charges. 804 (e)The cost of all labor, materials, machinery, and 805 equipment. 806 (f)The cost of all lands, properties, rights, easements, 807 and franchises acquired. 808 (g)Financing charges. 809 (h)The creation of initial reserve and debt service funds. 810 (i)Working capital. 811 (j)Interest charges incurred or estimated to be incurred 812 on money borrowed prior to and during construction and 813 acquisition and for such reasonable period of time after 814 completion of construction or acquisition as the board may 815 determine. 816 (k)The cost of issuance of bonds pursuant to this act, 817 including advertisements and printing. 818 (l)The cost of any election held pursuant to this act and 819 all other expenses of issuance of bonds. 820 (m)The discount, if any, on the sale or exchange of bonds. 821 (n)Administrative expenses. 822 (o)Such other expenses as may be necessary or incidental 823 to the acquisition, construction, or reconstruction of any 824 project or to the financing thereof, or to the development of 825 any lands within the district. 826 (p)Payments, contributions, dedications, fair share or 827 concurrency obligations, and any other exactions required as a 828 condition to receive any government approval or permit necessary 829 to accomplish any district purpose. 830 (9)District means the community development district. 831 (10)District manager means the manager of the district. 832 (11)District roads means highways, streets, roads, 833 alleys, sidewalks, landscaping, storm drains, bridges, and 834 thoroughfares of all kinds and descriptions. 835 (12)Elector means a landowner or qualified elector. 836 (13)General obligation bonds means bonds which are 837 secured by, or provide for their payment by, the pledge, in 838 addition to those special taxes levied for their discharge and 839 such other sources as may be provided for their payment or 840 pledged as security under the resolution authorizing their 841 issuance, of the full faith and credit and taxing power of the 842 district and for payment of which recourse may be had against 843 the general fund of the district. 844 (14)Landowner means the owner of a freehold estate as 845 appears by the deed record, including a trustee, a private 846 corporation, and an owner of a condominium unit; it does not 847 include a reversioner, remainderman, mortgagee, or any 848 governmental entity, which may who shall not be counted and need 849 not be notified of proceedings under this act. Landowner shall 850 also means mean the owner of a ground lease from a governmental 851 entity, which leasehold interest has a remaining term, excluding 852 all renewal options, in excess of 50 years. 853 (15)Local general-purpose government means a county, 854 municipality, or consolidated city-county government. 855 (16)Project means any development, improvement, 856 property, utility, facility, works, enterprise, or service now 857 existing or hereafter undertaken or established under the 858 provisions of this act. 859 (17)Qualified elector means any person at least 18 years 860 of age who is a citizen of the United States, a legal resident 861 of Florida and of the district, and who registers to vote with 862 the supervisor of elections in the county in which the district 863 land is located. 864 (18)Refunding bonds means bonds issued to refinance 865 outstanding bonds of any type and the interest and redemption 866 premium thereon. Refunding bonds shall be issuable and payable 867 in the same manner as the refinanced bonds, except that no 868 approval by the electorate shall be required unless required by 869 the State Constitution. 870 (19)Revenue bonds means obligations of the district 871 which are payable from revenues derived from sources other than 872 ad valorem taxes on real or tangible personal property and which 873 do not pledge the property, credit, or general tax revenue of 874 the district. 875 (20)Sewer system means any plant, system, facility, or 876 property, and additions, extensions, and improvements thereto at 877 any future time constructed or acquired as part thereof, useful 878 or necessary or having the present capacity for future use in 879 connection with the collection, treatment, purification, or 880 disposal of sewage, including, without limitation, industrial 881 wastes resulting from any process of industry, manufacture, 882 trade, or business or from the development of any natural 883 resource. Without limiting the generality of the foregoing, the 884 term sewer system includes treatment plants, pumping stations, 885 lift stations, valves, force mains, intercepting sewers, 886 laterals, pressure lines, mains, and all necessary appurtenances 887 and equipment; all sewer mains, laterals, and other devices for 888 the reception and collection of sewage from premises connected 889 therewith; and all real and personal property and any interest 890 therein, rights, easements, and franchises of any nature 891 relating to any such system and necessary or convenient for 892 operation thereof. 893 (21)Water management and control facilities means any 894 lakes, canals, ditches, reservoirs, dams, levees, sluiceways, 895 floodways, curbs, gutters, pumping stations, or any other works, 896 structures, or facilities for the conservation, control, 897 development, utilization, and disposal of water, and any 898 purposes appurtenant, necessary, or incidental thereto. The term 899 water management and control facilities includes all real and 900 personal property and any interest therein, rights, easements, 901 and franchises of any nature relating to any such water 902 management and control facilities or necessary or convenient for 903 the acquisition, construction, reconstruction, operation, or 904 maintenance thereof. 905 (22)Water system means any plant, system, facility, or 906 property and additions, extensions, and improvements thereto at 907 any future time constructed or acquired as part thereof, useful 908 or necessary or having the present capacity for future use in 909 connection with the development of sources, treatment, or 910 purification and distribution of water. Without limiting the 911 generality of the foregoing, the term water system includes 912 dams, reservoirs, storage, tanks, mains, lines, valves, 913 hydrants, pumping stations, chilled water distribution systems, 914 laterals, and pipes for the purpose of carrying water to the 915 premises connected with such system, and all rights, easements, 916 and franchises of any nature relating to any such system and 917 necessary or convenient for the operation thereof. 918 Section 19.Paragraph (a) of subsection (4) of section 919 190.046, Florida Statutes, is amended to read: 920 190.046Termination, contraction, or expansion of 921 district. 922 (4)(a)To achieve economies of scale, reduce costs to 923 affected district residents and businesses in areas with 924 multiple existing districts, and encourage the merger of 925 multiple districts, up to five districts that were established 926 by the same local general-purpose government and whose board 927 memberships are composed entirely of qualified electors may 928 merge into one surviving district through adoption of an 929 ordinance by the local general-purpose government, 930 notwithstanding the acreage limitations otherwise set forth for 931 the establishment of a district in s. 190.005 this chapter. The 932 filing of a petition by the majority of the members of each 933 district board of supervisors seeking to merge constitutes 934 consent of the landowners within each applicable district. 935 Section 20.Section 190.048, Florida Statutes, is amended 936 to read: 937 190.048Sale of real estate within a district; required 938 disclosure to purchaser.Subsequent to the establishment of a 939 district under s. 190.005 this chapter, each contract for the 940 initial sale of a parcel of real property and each contract for 941 the initial sale of a residential unit within the district shall 942 include, immediately prior to the space reserved in the contract 943 for the signature of the purchaser, the following disclosure 944 statement in boldfaced and conspicuous type which is larger than 945 the type in the remaining text of the contract: THE ...(Name of 946 District)... COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY 947 TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS 948 PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, 949 OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES 950 AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE 951 GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE 952 IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND 953 ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY 954 LAW. 955 Section 21.The Division of Law Revision is directed to 956 change the title of chapter 190, Florida Statutes, from 957 Community Development Districts to Community Development and 958 Resilience Districts. 959 Section 22.This act shall take effect July 1, 2025.