Bill Text: FL H0781 | 2011 | Regular Session | Introduced

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Bill Title: Neighborhood Improvement Districts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0781 Detail]

Download: Florida-2011-H0781-Introduced.html

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HB 781

1	A bill to be entitled
2	An act relating to neighborhood improvement districts;
3	amending s. 163.501, F.S.; revising the short title to
4	become the "Neighborhoods Improvement Act"; amending s.
5	163.502, F.S.; revising legislative findings and purpose;
6	amending s. 163.503, F.S.; revising a definition and
7	removing definitions for "environmental security," "crime
8	prevention," "defensible space," "enterprise zone," and
9	"community policing innovation"; amending s. 163.5035,
10	F.S.; conforming provisions to changes made by the act;
11	amending s. 163.504, F.S.; authorizing the governing body
12	of any municipality or county to form a neighborhood
13	improvement district through the adoption of an ordinance
14	rather than by a planning ordinance; removing provisions
15	pertaining to the creation and funding of safe
16	neighborhood districts; amending s. 163.5055, F.S.;
17	requiring each neighborhood improvement district
18	authorized under law to notify the Department of Community
19	Affairs and the Department of Legal Affairs of their
20	existence rather than to register with them; amending s.
21	163.506, F.S.; revising provisions authorizing a local
22	governing body to create a local government neighborhood
23	improvement district; specifying that the ordinance may
24	authorize the improvement district to borrow money, issue
25	bonds, and collect special assessments; authorizing the
26	governing body of the improvement district to levy ad
27	valorem taxes upon real and tangible personal property
28	within the district which the governing body deems
29	necessary for payment on the general obligation bonds;
30	authorizing the district to make and collect special
31	assessments; removing provisions allowing an alternative
32	organization for the board of directors; amending s.
33	163.508, F.S., relating to property owners' association
34	neighborhood improvement districts; revising the
35	requirements for creating a property owners' association
36	neighborhood improvement district by the enactment of a
37	separate ordinance for each district; authorizing the
38	governing body to request grants from the state; amending
39	s. 163.511, F.S., relating to special neighborhood
40	improvement districts; revising provisions to conform to
41	changes made by the act; revising the method of appointing
42	and removing directors of the district; amending s.
43	163.512, F.S.; revising provisions authorizing a
44	municipality or county to create a community redevelopment
45	neighborhood improvement district; authorizing the
46	district to receive grants and other funding; providing
47	that the local governing body may dissolve the district
48	under certain circumstances; repealing s. 163.513, F.S.,
49	relating to crime prevention through community policing
50	innovations; amending s. 163.514, F.S.; specifying the
51	powers of neighborhood improvement districts; allowing the
52	district to contract with legal counsel and other needed
53	professionals; authorizing the districts to collect
54	special assessments under certain circumstances and
55	following designated procedures; amending s. 163.5151,
56	F.S.; requiring a local government to prepare its budget
57	in a specified manner if levying an ad valorem tax on real
58	or personal property; amending s. 163.516, F.S.; requiring
59	neighborhood improvement plans to be created for each
60	improvement district; specifying the contents of the
61	neighborhood improvement district's plan; repealing s.
62	163.517, F.S., relating to the safe neighborhoods program;
63	repealing s. 163.519, F.S., relating to the duties of the
64	Department of Legal Affairs; repealing s. 163.521, F.S.,
65	relating to the neighborhood improvement district inside
66	an enterprise zone; repealing s. 163.5215, F.S., relating
67	to the effect and construction of the existing laws;
68	repealing s. 163.522, F.S., relating to state
69	redevelopment programs; repealing s. 163.523, F.S.,
70	relating to safe neighborhood districts; repealing s.
71	163.524, F.S., relating to the Neighborhood Preservation
72	and Enhancement Program; repealing s. 163.526, F.S.,
73	relating to Neighborhood Councils and the local government
74	designated agency; providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  163.501  Short title.-This part may be cited as
79	the "Safe Neighborhoods Improvement Act."
80	Section 2.  Section 163.502, Florida Statutes, is amended
81	to read:
82	163.502  Safe Neighborhoods improvement; legislative
83	findings and purpose.-
84	(1)  The Legislature hereby finds and declares that among
85	the many causes of deterioration in the business and residential
86	neighborhoods of the state are the following: proliferation of
87	crime, automobile traffic flow strangled by outmoded street
88	patterns, unsuitable topography, faulty lot layouts,
89	fragmentation of land uses and parking areas necessitating
90	frequent automobile movement, lack of separation of pedestrian
91	areas from automobile traffic, lack of separation of vehicle
92	traffic lanes and railroad traffic, and excessive noise levels
93	from automobile traffic, and lack of adequate public
94	improvements such as streets, street lights, street furniture,
95	street landscaping, sidewalks, traffic signals, way-finding
96	signs, mass transit, stormwater systems, and other public
97	utilities and improvements.
98	(2)  The Legislature further finds and declares that
99	healthy and vibrant safe neighborhoods are the product of
100	planning and implementation of appropriate environmental design
101	concepts, comprehensive planning crime prevention programs, land
102	use recommendations, and beautification techniques.
103	(3)  The Legislature further finds and declares that the
104	provisions of this part and the powers granted to local
105	governments, property owners' associations, special dependent
106	districts, and community redevelopment neighborhood improvement
107	districts are desirable to guide and accomplish the coordinated,
108	balanced, and harmonious development of healthy and vibrant safe
109	neighborhoods; to promote the health, safety, and general
110	welfare of these areas and their inhabitants, visitors, property
111	owners, and workers; to establish, maintain, and preserve
112	property values and preserve and foster the development of
113	attractive neighborhood and business environments; to prevent
114	overcrowding and congestion; and to improve or redirect
115	automobile traffic and provide pedestrian safety; to reduce
116	crime rates and the opportunities for the commission of crime;
117	and to provide improvements in neighborhoods so they are
118	defensible against crime.
119	(4)  It is the intent of the Legislature to assist local
120	governments in implementing plans that improve the employ crime
121	prevention through community policing innovations, environmental
122	design, environmental security, and defensible space techniques
123	to establish safe neighborhoods of this state. The Legislature,
124	therefore, declares that the development, redevelopment,
125	preservation, and revitalization of neighborhoods in this state,
126	and all the purposes of this part, are public purposes for which
127	public money may be borrowed, expended, loaned, and granted.
128	Section 3.  Section 163.503, Florida Statutes, is amended
129	to read:
130	163.503  Safe neighborhoods; Definitions.-
131	(1)  "Safe Neighborhood improvement district," "district,"
132	or "neighborhood improvement district" means a district located
133	in an area in which more than 75 percent of the land is used for
134	residential purposes, or in an area in which more than 75
135	percent of the land is used for commercial, office, business, or
136	industrial purposes, excluding the land area used for public
137	facilities, and where there is a plan to reduce crime through
138	the implementation of crime prevention through environmental
139	design, environmental security, or defensible space techniques,
140	or through community policing innovations. Nothing in This
141	section does not shall preclude the inclusion of public land in
142	a neighborhood improvement district although the amount of land
143	used for public facilities is excluded from the land use acreage
144	calculations.
145	(2)  "Association" means a property owners' association
146	which is incorporated for the purpose of creating and operating
147	a neighborhood improvement district.
148	(3)  "Department" means the Department of Legal Affairs.
149	(4)  "Board" means the board of directors of a neighborhood
150	improvement district, which may be the governing body of a
151	municipality or county or the officers of a property owners'
152	association or the board of directors of a special neighborhood
153	improvement district or community redevelopment neighborhood
154	improvement district.
155	(5)  "Environmental security" means an urban planning and
156	design process which integrates crime prevention with
157	neighborhood design and community development.
158	(6)  "Crime prevention through environmental design" means
159	the planned use of environmental design concepts such as natural
160	access control, natural surveillance, and territorial
161	reinforcement in a neighborhood or community setting which is
162	designed to reduce criminal opportunity and foster positive
163	social interaction among the legitimate users of that setting.
164	(7)  "Defensible space" means an architectural perspective
165	on crime prevention through physical design of the environment
166	to create the ability to monitor and control the environment
167	along individual perceived zones of territorial influence that
168	result in a proprietary interest and a felt responsibility.
169	(8)  "Enterprise zone" means an area designated pursuant to
170	s. 290.0065.
171	(9)  "Community policing innovation" means techniques or
172	strategies as defined by s. 163.340.
173	Section 4.  Section 163.5035, Florida Statutes, is amended
174	to read:
175	163.5035  Safe Neighborhood improvement districts;
176	compliance with special district provisions.-Any special
177	district created pursuant to this part shall comply with all
178	applicable provisions contained in chapter 189. In cases where a
179	provision contained in this part conflicts with a provision in
180	chapter 189, the provision in chapter 189 shall prevail.
181	Section 5.  Section 163.504, Florida Statutes, is amended
182	to read:
183	163.504  Safe Neighborhood improvement districts; planning
184	funds.-
185	(1)  The governing body of any municipality or county may
186	authorize the formation of safe neighborhood improvement
187	districts through the adoption of an a planning ordinance that
188	which specifies that such districts may be created by one or
189	more of the methods established in ss. 163.506, 163.508,
190	163.511, and 163.512. A No district may not overlap the
191	jurisdictional boundaries of a municipality and the
192	unincorporated area of a county, unless approved except by
193	interlocal agreement.
194	(2)  If the governing body of a municipality or county
195	elects to create a safe neighborhood improvement district, it
196	shall be eligible to request a grant from the Safe Neighborhoods
197	Program, created pursuant to s. 163.517 and administered by the
198	Department of Legal Affairs, to prepare a safe neighborhood
199	improvement plan for the district.
200	(3)  Municipalities and counties may implement the
201	provisions of this section without planning funds from the
202	Department of Legal Affairs. However, nothing in this section
203	shall be construed to exempt any district from the requirements
204	of providing a safe neighborhood improvement plan pursuant to s.
205	163.516.
206	Section 6.  Section 163.5055, Florida Statutes, is amended
207	to read:
208	163.5055  Notice Registration of district establishment;
209	notice of dissolution.-
210	(1)(a)  Each neighborhood improvement district authorized
211	and established under this part shall within 30 days thereof
212	notify register with both the Department of Community Affairs
213	and the Department of Legal Affairs by providing these
214	departments with the district's name, location, size, and type,
215	and such other information as the departments may request
216	require.
217	(2)(b)  Each local governing body that which authorizes the
218	dissolution of a district shall notify both the Department of
219	Community Affairs and the Department of Legal Affairs within 30
220	days after the dissolution of the district.
221	(2)  This section shall apply to all neighborhood
222	improvement districts established on or after July 1, 1987.
223	Section 7.  Section 163.506, Florida Statutes, is amended
224	to read:
225	163.506  Local government neighborhood improvement
226	districts; creation; advisory council; dissolution.-
227	(1)  After an a local planning ordinance has been adopted
228	authorizing the creation of local government neighborhood
229	improvement districts, the local governing body of a
230	municipality or county may create local government neighborhood
231	improvement districts by the enactment of a separate ordinance
232	for each district, which ordinance:
233	(a)  Specifies the boundaries, size, and name of the
234	district.
235	(b)  Authorizes the district to receive grants a planning
236	grant from the department.
237	(c)  Authorizes the local government neighborhood
238	improvement district to levy an ad valorem tax on real and
239	personal property of up to 2 mills annually.
240	(d)  Authorizes the use of special assessments to support
241	planning and implementation of district improvements pursuant to
242	the provisions of s. 163.514(16), if the district is a
243	residential local government neighborhood improvement district
244	including community policing innovations.
245	(e)  Designates the local governing body as the board of
246	directors of the district.
247	(f)  Establishes an advisory council to the board of
248	directors comprised of property owners, representatives of
249	property owners, business owners, or residents of the district.
250	(g)  May prohibit the use of any district power authorized
251	by s. 163.514.
252	(h)  Requires the district to notify the Department of
253	Legal Affairs and the Department of Community Affairs in writing
254	of its establishment within 30 days thereof pursuant to s.
255	163.5055.
256	(i)  Authorizes the district to borrow money, contract
257	loans, and issue bonds, certificates, warrants, notes, or other
258	evidence of indebtedness from time to time to finance the
259	undertaking of any capital or other project for the purposes
260	permitted by the State Constitution and this part and may pledge
261	the funds, credit, property, and taxing power of the improvement
262	district for the payment of such debts and bonds.
263	1.  Bonds issued under this part shall be authorized by
264	resolution of the governing board of the district and, if
265	required by the State Constitution, by affirmative vote of the
266	electors of the district. Such bonds may be issued in one or
267	more series and shall bear such date or dates, be payable upon
268	demand or mature at such time or times, bear interest at such
269	rate or rates, be in such denomination or denominations, be in
270	such form, registered or not, with or without coupon, carry such
271	conversion or registration privileges, have such rank or
272	priority, be executed in such manner, be payable in such medium
273	of payment, at such place or places, and subject to such terms
274	of redemption, with or without premium, be secured in such
275	manner, and have such other characteristics as may be provided
276	by such resolution or trust indenture or mortgage issued
277	pursuant thereto.
278	2.  The governing body of the district shall determine the
279	terms and manner of sale and distribution or other disposition
280	of any and all bonds it may issue, consistent with s. 218.385,
281	and shall have any and all powers necessary and convenient to
282	such disposition.
283	3.  The governing body of the district may establish and
284	administer such sinking funds as it deems necessary or
285	convenient for the payment, purchase, or redemption of any
286	outstanding bonded indebtedness of the district.
287	4.  The governing body of the improvement district may levy
288	ad valorem taxes upon real and tangible personal property within
289	the district as it deems necessary to make payment, including
290	principal and interest, upon the general obligation and ad
291	valorem bonded indebtedness of the district or into any sinking
292	fund created pursuant to this part.
293	5.  This part shall be full authority for the issuance of
294	bonds authorized herein.
295	(j)  Authorizes the district to make and collect special
296	assessments pursuant to ss. 197.3632 and 197.3635 to pay for
297	capital improvements within the district and for reasonable
298	expenses of operating the district, including the payment of
299	expenses included in the district's budget, if the district is a
300	commercial local government neighborhood improvement district.
301	Such assessments may not exceed $1,500 for each individual
302	parcel of land per year.
303	(k)  Authorizes the district to charge, collect, and
304	enforce fees and other user charges.
305	(2)  The advisory council shall perform such duties as may
306	be prescribed by the governing body and shall submit within the
307	time period specified by the governing body, acting as the board
308	of directors, a report on the district's activities and a
309	proposed budget to accomplish its objectives. In formulating a
310	plan for services or improvements the advisory board shall
311	consult in public session with the appropriate staff or
312	consultants of the local governing body responsible for the
313	district's plan.
314	(3)  As an alternative to designating the local governing
315	body as the board of directors, a majority of the local
316	governing body of a city or county may appoint a board of three
317	to seven directors for the district who shall be residents of
318	the proposed area and who are subject to ad valorem taxation in
319	the residential neighborhood improvement district or who are
320	property owners in a commercial neighborhood improvement
321	district. The directors shall be appointed for staggered terms
322	of 3 years. The initial appointments shall be as follows: one
323	director for a 1-year term; one director for a 2-year term; and
324	one director for a 3-year term. If more than three directors are
325	to be appointed, the additional members shall initially be
326	appointed for 3-year terms. Vacancies shall be filled for the
327	unexpired portion of a term in the same manner as the initial
328	appointments were made. Each director shall hold office until
329	his or her successor is appointed and qualified unless the
330	director ceases to be qualified or is removed from office. Upon
331	appointment and qualification and in January of each year, the
332	directors shall organize by electing from their number a chair
333	and a secretary.
334	(3)(4)  A district may be dissolved by the governing body
335	by rescinding the ordinance creating the district. The governing
336	body may rescind shall consider rescinding the ordinance if
337	presented with a petition requesting that it be rescinded.
338	Petitions related to a residential neighborhood improvement
339	district must contain containing the signatures of 60 percent of
340	the residents. Petitions related to a commercial neighborhood
341	improvement district must contain signatures representing owners
342	of 60 percent of the land area of the of a district.
343	Section 8.  Section 163.508, Florida Statutes, is amended
344	to read:
345	163.508  Property owners' association neighborhood
346	improvement districts; creation; powers and duties; duration.-
347	(1)  After an a local planning ordinance has been adopted
348	authorizing the creation of property owners' association
349	neighborhood improvement districts, the local governing body of
350	a municipality or county may create property owners' association
351	neighborhood improvement districts by the enactment of a
352	separate ordinance for each district, which ordinance:
353	(a)  Establishes that an incorporated property owners'
354	association representing 75 percent of all owners of property
355	within a proposed district meeting the requirements of this
356	section has petitioned the governing body of the municipality or
357	county for creation of a district for the area encompassed by
358	the property owned by members of the association.
359	(b)  Specifies the boundaries, size, and name of the
360	district.
361	(c)  Authorizes the governing body through mutual agreement
362	with the property owners' association to:
363	1.  Request grants a matching grant from the state's Safe
364	Neighborhoods Program to prepare the first year's safe
365	neighborhood improvement plan. The provider of the local match
366	for the state grant shall be mutually agreed upon between the
367	governing body and the property owners' association. The
368	governing body may agree to provide the match as a no-interest-
369	bearing loan to be paid back from assessments imposed by the
370	association on its members or shareholders.
371	2.  Provide staff and other technical assistance to the
372	property owners' association on a mutually agreed-upon basis,
373	contractual or otherwise.
374	3.  Prepare the first year's safe neighborhood improvement
375	plan, which shall comply with and be consistent with the
376	governing body's adopted comprehensive plan.
377	(d)  Provides for an audit of the property owners'
378	association.
379	(e)  Designates the officers of the incorporated property
380	owners' association as the board of directors of the district.
381	(f)  May prohibit the use of any district power authorized
382	by s. 163.514.
383	(g)  Requires the district to notify the Department of
384	Legal Affairs and the Department of Community Affairs in writing
385	of its establishment within 30 days thereof pursuant to s.
386	163.5055.
387	(2)  In order to qualify for the creation of a neighborhood
388	improvement district, the property owners shall form an
389	association in compliance with this section, or use an existing
390	property owners' association in compliance with this section,
391	which shall be a corporation, for profit or not for profit. At
392	least, and of which not less than 75 percent of all property
393	owners within the proposed area must consent have consented in
394	writing to become members or shareholders. Upon such consent by
395	75 percent of the property owners in the proposed district, all
396	consenting property owners and their successors shall become
397	members of the association and shall be bound by the provisions
398	of the articles of incorporation, the bylaws of the association,
399	the covenants, the deed restrictions, the indentures, and any
400	other properly promulgated restrictions. The association shall
401	have no member or shareholder who is not a bona fide owner of
402	property within the proposed district. Upon receipt of its
403	certificate of incorporation, the property owners' association
404	shall notify the clerk of the city or county court, whichever is
405	appropriate, in writing, of such incorporation and shall list
406	the names and addresses of the officers of the association.
407	(3)  Any incorporated property owners' association
408	operating pursuant to this part has shall have the power:
409	(a)  To negotiate with the governing body of a municipality
410	or county for closing, privatizing, or modifying the rights-of-
411	way, and appurtenances thereto, within the district.
412	(b)  To use utilize various legal instruments such as
413	covenants, deed restrictions, and indentures to preserve and
414	maintain the integrity of property, land, and rights-of-way
415	owned and conveyed to it within the district.
416	(c)  To make and collect assessments against all property
417	within the boundaries of the district pursuant to the provisions
418	of s. 163.514(16) and to lease, maintain, repair, and
419	reconstruct any privatized street, land, or common area within
420	the district upon dedication thereof to the association.
421	(d)  Without the joinder of any property owner, to modify,
422	move, or create any easement for ingress and egress or for the
423	purpose of utilities, if such easement constitutes part of or
424	crosses district property. However, this does shall not
425	authorize the association to modify or move any easement that
426	which is created in whole or in part for the use or benefit of
427	anyone other than association members, or which crosses the
428	property of anyone other than association members, without the
429	consent or approval of such person as required by law or by the
430	instrument creating the easement. Nothing in this paragraph
431	shall affect the rights of ingress or egress of any member of
432	the association.
433	(4)  A property owners' association neighborhood
434	improvement district shall continue in perpetuity as long as the
435	property owners' association created pursuant to this section
436	exists under the applicable laws of the state.
437	Section 9.  Subsections (1), (7), (8), and (10) of section
438	163.511, Florida Statutes, are amended to read:
439	163.511  Special neighborhood improvement districts;
440	creation; referendum; board of directors; duration; extension.-
441	(1)  After an a local planning ordinance has been adopted
442	authorizing the creation of special neighborhood improvement
443	districts, the governing body of a municipality or county may
444	declare the need for and create special residential or business
445	neighborhood improvement districts by the enactment of a
446	separate ordinance for each district, which ordinance:
447	(a)  Conditions the implementation of the ordinance on the
448	approval of a referendum as provided in subsection (2).
449	(b)  Authorizes the special neighborhood improvement
450	district to levy an ad valorem tax on real and personal property
451	of up to 2 mills annually.
452	(c)  Authorizes the use of special assessments to support
453	planning and implementation of district improvements pursuant to
454	the provisions of s. 163.514(16), including community policing
455	innovations.
456	(d)  Specifies the boundaries, size, and name of the
457	district.
458	(e)  Authorizes the district to receive a planning grant
459	from the department.
460	(f)  Provides for the appointment of a 3-member board of
461	directors for the district.
462	(g)  May authorize a special neighborhood improvement
463	district to exercise the power of eminent domain pursuant to
464	chapters 73 and 74. Any property identified for eminent domain
465	by the district shall be subject to the approval of the local
466	governing body before eminent domain procedures are exercised.
467	(h)  May prohibit the use of any district power authorized
468	by s. 163.514.
469	(i)  Requires the district to notify the Department of
470	Legal Affairs and the Department of Community Affairs in writing
471	of its establishment within 30 days thereof pursuant to s.
472	163.5055.
473	(j)  May authorize a special neighborhood improvement
474	district to develop and implement community policing innovations
475	in consultation with the local law enforcement agency having
476	jurisdiction within the district boundaries.
477	(7)  The business and affairs of a special neighborhood
478	improvement district shall be conducted and administered by a
479	board of three directors who shall be residents of or property
480	owners within the proposed area and who are subject to ad
481	valorem taxation in the district. Upon their initial appointment
482	and qualification and in January of each year thereafter, the
483	directors shall organize by electing from their number a chair
484	and a secretary, and may also employ staff and legal
485	representatives as deemed appropriate, who shall serve at the
486	pleasure of the board and may receive such compensation as shall
487	be fixed by the board. The secretary shall keep a record of the
488	proceedings of the district and shall be custodian of all books
489	and records of the district. The directors may shall not receive
490	any compensation for their services, nor may they be employed by
491	the district.
492	(8)  Within 30 days of the approval of the creation of a
493	special neighborhood improvement district, if the district is in
494	a municipality, a majority of the governing body of the
495	municipality, or if the district is in the unincorporated area
496	of the county, a majority of the county commission, shall
497	appoint the three directors provided for herein for staggered
498	terms of 3 years. The initial appointments shall be as follows:
499	one for a 1-year term, one for a 2-year term, and one for a 3-
500	year term. Each director shall hold office until his or her
501	successor is appointed and qualified unless the director ceases
502	to be qualified to act as a director or is removed from office.
503	Vacancies on the board shall be filled for the unexpired portion
504	of a term in the same manner as the initial appointments were
505	made.
506	(10)  The governing body of a municipality or county may
507	remove a director for inefficiency, neglect of duty, or
508	misconduct in office only after a hearing and only if he or she
509	has been given a copy of the charges at least 10 days prior to
510	such hearing and has had an opportunity to be heard in person or
511	by counsel. A vacancy so created shall be filled as provided
512	herein.
513	Section 10.  Section 163.512, Florida Statutes, is amended
514	to read:
515	163.512  Community redevelopment neighborhood improvement
516	districts; creation; advisory council; dissolution.-
517	(1)  Upon the recommendation of the community redevelopment
518	agency and after an a local planning ordinance has been adopted
519	authorizing the creation of community redevelopment neighborhood
520	improvement districts, the local governing body of a
521	municipality or county may create community redevelopment
522	neighborhood improvement districts by the enactment of a
523	separate ordinance for each district, which ordinance:
524	(a)  Specifies the boundaries, size, and name of the
525	district.
526	(b)  Authorizes the district to receive grants a planning
527	grant from the department.
528	(c)  Authorizes the use of the community redevelopment
529	trust fund created pursuant to s. 163.387 for the purposes of
530	implementing the district's safe neighborhood improvement plan
531	and furthering crime prevention through community policing
532	innovations, environmental design, environmental security, and
533	defensible space techniques, if the expenditures from the
534	community redevelopment trust fund are consistent with the
535	community redevelopment plan created pursuant to s. 163.360.
536	(d)  Designates the community redevelopment board of
537	commissioners established pursuant to s. 163.356 or s. 163.357
538	as the board of directors for the district.
539	(e)  Establishes an advisory council to the board of
540	directors comprised of property owners or residents of the
541	district.
542	(f)  May prohibit the use of any district power authorized
543	by s. 163.514.
544	(g)  Requires that the district's safe neighborhood
545	improvement plan be consistent with the community redevelopment
546	plan created pursuant to s. 163.360, and permits the safe
547	neighborhood improvement plan to be included in the community
548	redevelopment plan as an optional element.
549	(h)  Requires that the boundaries of the community
550	redevelopment district be contained in whole within the
551	community redevelopment area established pursuant to ss. 163.355
552	and 163.356.
553	(i)  Requires the district to notify the Department of
554	Legal Affairs and the Department of Community Affairs in writing
555	of its establishment within 30 days thereof pursuant to s.
556	163.5055.
557	(2)  The advisory council shall perform such duties as may
558	be prescribed by the community redevelopment board established
559	pursuant to s. 163.356 and shall submit within the time period
560	specified by the board of directors a report on the district's
561	activities and a proposed budget to accomplish its objectives.
562	In formulating a plan for services or improvements, the advisory
563	council shall consult in public session with the appropriate
564	staff or consultants of the community redevelopment board
565	responsible for the district's plan.
566	(3)  A district may be dissolved by the local governing
567	body by rescinding the ordinance creating the district. The
568	governing body may rescind shall consider rescinding the
569	ordinance if presented with a petition containing the signatures
570	of 60 percent of the residents of a district.
571	Section 11.  Section 163.513, Florida Statutes, is
572	repealed.
573	Section 12.  Section 163.514, Florida Statutes, is amended
574	to read:
575	163.514  Powers of neighborhood improvement districts.-
576	Unless prohibited by ordinance, the board of any district is
577	shall be empowered to:
578	(1)  Enter into contracts and agreements and sue and be
579	sued as a body corporate.
580	(2)  Have and use a corporate seal.
581	(3)  Acquire, own, convey, or otherwise dispose of, lease
582	as lessor or lessee, construct, maintain, improve, enlarge,
583	raze, relocate, operate, and manage property and facilities of
584	whatever type to which it holds title and grant and acquire
585	licenses, easements, and options with respect thereto.
586	(4)  Accept grants and donations of any type of property,
587	labor, or other thing of value from any public or private
588	source.
589	(5)  Have exclusive control of funds legally available to
590	it, subject to limitations imposed by law or by any agreement
591	validly entered into by it.
592	(6)  Cooperate and contract with other governmental
593	agencies or other public bodies.
594	(7)  Contract for services of planners, engineers,
595	attorneys, and other planning consultants, experts on crime
596	prevention through community policing innovations, environmental
597	design, environmental security, or defensible space, or other
598	experts in areas pertaining to the operations of the board of
599	directors or the district.
600	(8)  Contract with the county or municipal government for
601	planning assistance, legal advice, and for increased levels of
602	law enforcement protection and security, including additional
603	personnel.
604	(9)  Promote and advertise the commercial advantages of the
605	district so as to attract new businesses and encourage the
606	expansion of existing businesses.
607	(10)  Promote and advertise the district to the public and
608	engage in cooperative advertising programs with businesses
609	located in the district.
610	(11)  Improve, plan, design, construct, operate, provide,
611	and maintain street lighting, parks, streets, drainage,
612	utilities, swales, parking facilities, transit, landscaping, and
613	open areas, and provide safe access to mass transportation
614	facilities in the district.
615	(12)  Undertake innovative approaches to securing
616	neighborhoods from crime, such as crime prevention through
617	community policing innovations, environmental design,
618	environmental security, and defensible space.
619	(13)  Privatize, close, vacate, plan, or replan streets,
620	roads, sidewalks, and alleys, subject to the concurrence of the
621	local governing body and, if required, the state Department of
622	Transportation.
623	(14)  Prepare, adopt, implement, and modify a safe
624	neighborhood improvement plan for the district.
625	(15)  Identify areas with blighted influences, including,
626	but not limited to, areas where unlawful urban dumping or
627	graffiti are prevalent, and develop programs for eradication
628	thereof.
629	(16)(a)  Subject to referendum approval, and for special,
630	community redevelopment, and property owners' association
631	neighborhood improvement districts only, make and collect
632	special assessments pursuant to ss. 197.3632 and 197.3635 to pay
633	for improvements to the district and for reasonable expenses of
634	operating the district, including the payment of expenses
635	included in the district's budget, subject to an affirmative
636	vote by a majority of the registered voters residing in the
637	district. Such assessments shall not exceed $500 for each
638	individual parcel of land per year. Notwithstanding the
639	provisions of s. 101.6102, the referendum to approve the special
640	assessment shall be by mail ballot.
641	(b)  In order to implement this subsection, the city clerk
642	or the supervisor of elections, whichever is appropriate, shall
643	compile a list of the names and last known addresses of the
644	electors in the neighborhood improvement district from the list
645	of registered voters of the county as of the last day of the
646	preceding month. The same shall constitute the registration list
647	for the purposes of a referendum. Within 45 days after
648	compilation of the voter registration list, the city clerk or
649	the supervisor of elections shall notify each elector of the
650	general provisions of this section, including the taxing
651	authority and the date of the upcoming referendum. Notification
652	shall be by United States mail and, in addition thereto, by
653	publication one time in a newspaper of general circulation in
654	the county or municipality in which the district is located.
655	(c)  Any resident of the district whose name does not
656	appear on the list compiled pursuant to paragraph (b) may
657	register to vote as provided by law. The registration list shall
658	remain open for 75 days after the notification required in
659	paragraph (b).
660	(d)  Within 15 days after the closing of registration, the
661	city clerk or the supervisor of elections shall send a ballot to
662	each elector at his or her last known mailing address by first-
663	class United States mail. The ballot shall include:
664	1.  A description of the general provisions of this section
665	applicable to the neighborhood improvement district; and
666	2.  Immediately following said information, the following:
667
668	"Do you favor the imposition of a special assessment
669	of not greater than $500 for each individual parcel of
670	land per year to pay for the expenses of operating the
671	neighborhood improvement district?
672
673	....Yes, for the special assessment.
674
675	....No, against the special assessment."
676
677	(e)  Ballots shall be returned by United States mail or by
678	personal delivery.
679	(f)  All ballots received within 60 days after the closing
680	of registration shall be tabulated by the city clerk or the
681	supervisor of elections, who shall certify the results thereof
682	to the city governing body or county commission no later than 5
683	days after said 60-day period.
684	(17)  Exercise all lawful powers incidental to the
685	effective and expedient exercise of the foregoing powers.
686	Section 13.  Subsections (3) and (4) of section 163.5151,
687	Florida Statutes, are amended to read:
688	163.5151  Fiscal management; budget preparation.-
689	(3)  Each local government and special neighborhood
690	improvement district levying an ad valorem tax on real or
691	personal property shall establish its budget pursuant to the
692	provisions of chapter 200. Before adopting Prior to adoption of
693	the final budget and setting of the millage rate to be levied by
694	the board, the board shall submit a tentative budget and
695	proposed millage rate of the district to the governing body of
696	the municipality in which the district is located, or to the
697	county if the district is located in the unincorporated portion
698	of the county, for approval or disapproval. Such governing body
699	shall have the power to modify the budget or millage submitted
700	by the board. Subsequent to approval, the board shall adopt its
701	final budget and millage rate in accordance with the
702	requirements of chapter 200.
703	(4)  At the option of the county property appraiser for the
704	county within which the neighborhood improvement district is
705	located, the assessments levied by the district may shall be
706	collected in the same manner as all ad valorem taxes if so
707	requested by the local governing body pursuant to s. 197.363.
708	Section 14.  Section 163.516, Florida Statutes, is amended
709	to read:
710	163.516  Safe Neighborhood improvement plans.-
711	(1)  A safe neighborhood improvement plan is mandated for
712	all neighborhood improvement districts. The plan must shall
713	contain at least the following elements:
714	(a)  Demographics of the district.
715	(b)  Crime activity data and analysis.
716	(b)(c)  Land use, zoning, housing, and traffic analysis.
717	(d)  Determination of the problems of the crime-to-
718	environment relationship and the stability of the neighborhood
719	improvement district.
720	(c)(e)  Statement of the district's goal and objectives.
721	(f)  Assessment of crime prevention through community
722	policing innovations, environmental design, environmental
723	security, and defensible space strategies and tactics that will
724	be applied to the crime-to-environment relationship problems.
725	(g)  Cost estimates and the methods of financing.
726	(h)  Outline of program participants and their functions
727	and responsibilities.
728	(i)  Schedule for executing program activities.
729	(j)  Evaluation guidelines.
730	(2)  Every safe neighborhood improvement plan must shall
731	show, by diagram and by general explanation:
732	(a)  Such property as is intended for use as public parks,
733	recreation areas, streets, public utilities, and public
734	improvements of any nature.
735	(b)  Specific identification of any publicly funded capital
736	improvement projects to be undertaken within the district.
737	(c)  Adequate assurances that the improvements will be
738	carried out pursuant to the plan.
739	(d)  Provision for the retention of controls and the
740	establishment of any restrictions or covenants running with land
741	sold or leased for private use for such periods of time and
742	under such conditions as the governing body of the municipality
743	in which the district is located, or the county if the district
744	is located in the unincorporated portion of the county, deems
745	necessary to effectuate the purposes of this part.
746	(c)(e)  Projected costs of improvements, including the
747	amount to be expended on publicly funded capital improvement
748	projects in the district and any indebtedness of the district,
749	the county, or the municipality proposed to be incurred if such
750	indebtedness is to be repaid with district revenues.
751	(f)  Promotion of advertising programs to be undertaken by
752	the district or in conjunction with businesses in the district.
753	(g)  Suggested physical improvements necessary for the
754	safety of residents in or visitors to the district.
755	(h)  Law enforcement and security plans for the district.
756	(3)  The safe neighborhood improvement plan must shall:
757	(a)  Be consistent with the adopted comprehensive plan for
758	the county or municipality pursuant to the Local Government
759	Comprehensive Planning and Land Development Regulation Act. No
760	district plan shall be implemented unless the local governing
761	body has determined said plan is consistent.
762	(b)  Be sufficiently complete to indicate such land
763	acquisition, demolition and removal of structures, street
764	modifications, redevelopment, and rehabilitation as may be
765	proposed to be carried out in the district.
766	(c)  Provide some method for and measurement of the
767	reduction of crime within the district.
768	(4)  The county, municipality, or district may prepare or
769	cause to be prepared a safe neighborhood improvement plan, or
770	any person or agency, public or private, may submit such a plan
771	to a district. Prior to its consideration of a safe neighborhood
772	improvement plan, the district shall submit such plan to the
773	local governing body for review and written approval as to its
774	consistency with the local government comprehensive plan. The
775	district must be notified of approval or disapproval within 60
776	days after receipt of the plan for review, and a revised version
777	of the plan may be submitted to satisfy any inconsistencies. The
778	district may not proceed with the safe neighborhood improvement
779	plan until final approval is given by the local governing body.
780	(4)(5)  Prior to adoption of the safe neighborhood
781	improvement plan, the board shall hold a public hearing on the
782	plan after public notice thereof by publication in a newspaper
783	of general circulation in the county or municipality in which
784	the district is located. The notice shall describe the time,
785	date, place, and purpose of the hearing; identify the boundaries
786	of the district; and outline the general scope of the plan.
787	(5)(6)  The board, after the public hearing, may approve
788	the safe neighborhood improvement plan if it finds:
789	(a)  The plan has been approved as consistent with the
790	local comprehensive plan by the local governing body; and
791	(b)  The plan will improve the promotion, appearance,
792	safety, security, and public amenities of the neighborhood
793	improvement district as stipulated in s. 163.502.
794	(6)(7)  If, at any time after approval of the safe
795	neighborhood improvement plan, it becomes desirable to amend or
796	modify the plan, the board may do so. Prior to any such
797	amendment or modification, the board shall obtain written
798	approval of the local governing body concerning conformity to
799	the local government comprehensive plan and hold a public
800	hearing on the proposed amendment or modification after public
801	notice thereof by publication in a newspaper of general
802	circulation in the county or municipality in which the district
803	is located. The notice shall describe the time, place, and
804	purpose of the hearing and generally describe the proposed
805	amendment or modification.
806	(8)  Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
807	governing body of a municipality or county shall hold two public
808	hearings to consider the board-adopted safe neighborhood
809	improvement plan as an amendment or modification to the
810	municipality's or county's adopted local comprehensive plan.
811	(9)  A safe neighborhood improvement plan for each district
812	shall be prepared and adopted by the municipality or county
813	prior to the levy and expenditure of any of the proceeds of any
814	tax assessment or fee authorized to such districts other than
815	for the preparation of the safe community or business
816	improvement plan.
817	Section 15.  Section 163.517, Florida Statutes, is
818	repealed.
819	Section 16.  Section 163.519, Florida Statutes, is
820	repealed.
821	Section 17.  Section 163.521, Florida Statutes, is
822	repealed.
823	Section 18.  Section 163.5215, Florida Statutes, is
824	repealed.
825	Section 19.  Section 163.522, Florida Statutes, is
826	repealed.
827	Section 20.  Section 163.523, Florida Statutes, is
828	repealed.
829	Section 21.  Section 163.524, Florida Statutes, is
830	repealed.
831	Section 22.  Section 163.526, Florida Statutes, is
832	repealed.
833	Section 23.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.