Bill Text: FL S1010 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Neighborhood Improvement Districts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1010 Detail]
Download: Florida-2011-S1010-Introduced.html
Bill Title: Neighborhood Improvement Districts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1010 Detail]
Download: Florida-2011-S1010-Introduced.html
Florida Senate - 2011 SB 1010
By Senator Simmons
22-00836A-11 20111010__
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
5 s. 163.502, F.S.; revising legislative findings and
6 purpose; amending s. 163.503, F.S.; revising a
7 definition and removing definitions for “environmental
8 security,” “crime prevention,” “defensible space,”
9 “enterprise zone,” and “community policing
10 innovation”; amending s. 163.5035, F.S.; conforming
11 provisions to changes made by the act; amending s.
12 163.504, F.S.; authorizing the governing body of any
13 municipality or county to form a neighborhood
14 improvement district through the adoption of an
15 ordinance rather than by a planning ordinance;
16 removing provisions pertaining to the creation and
17 funding of safe neighborhood districts; amending s.
18 163.5055, F.S.; requiring each neighborhood
19 improvement district authorized under law to notify
20 the Department of Community Affairs and the Department
21 of Legal Affairs of their existence rather than to
22 register with them; amending s. 163.506, F.S.;
23 revising provisions authorizing a local governing body
24 to create a local government neighborhood improvement
25 district; specifying that the ordinance may authorize
26 the improvement district to borrow money, issue bonds,
27 and collect special assessments; authorizing the
28 governing body of the improvement district to levy ad
29 valorem taxes upon real and tangible personal property
30 within the district which the governing body deems
31 necessary for payment on the general obligation bonds;
32 authorizing the district to make and collect special
33 assessments; removing provisions allowing an
34 alternative organization for the board of directors;
35 amending s. 163.508, F.S., relating to property
36 owners’ association neighborhood improvement
37 districts; revising the requirements for creating a
38 property owners’ association neighborhood improvement
39 district by the enactment of a separate ordinance for
40 each district; authorizing the governing body to
41 request grants from the state; amending s. 163.511,
42 F.S., relating to special neighborhood improvement
43 districts; revising provisions to conform to changes
44 made by the act; revising the method of appointing and
45 removing directors of the district; amending s.
46 163.512, F.S.; revising provisions authorizing a
47 municipality or county to create a community
48 redevelopment neighborhood improvement district;
49 authorizing the district to receive grants and other
50 funding; providing that the local governing body may
51 dissolve the district under certain circumstances;
52 repealing s. 163.513, F.S., relating to crime
53 prevention through community policing innovations;
54 amending s. 163.514, F.S.; specifying the powers of
55 neighborhood improvement districts; allowing the
56 district to contract with legal counsel and other
57 needed professionals; authorizing the districts to
58 collect special assessments under certain
59 circumstances and following designated procedures;
60 amending s. 163.5151, F.S.; requiring a local
61 government to prepare its budget in a specified manner
62 if levying an ad valorem tax on real or personal
63 property; amending s. 163.516, F.S.; requiring
64 neighborhood improvement plans to be created for each
65 improvement district; specifying the contents of the
66 neighborhood improvement district’s plan; repealing s.
67 163.517, F.S., relating to the safe neighborhoods
68 program; repealing s. 163.519, F.S., relating to the
69 duties of the Department of Legal Affairs; repealing
70 s. 163.521, F.S., relating to the neighborhood
71 improvement district inside an enterprise zone;
72 repealing s. 163.5215, F.S., relating to the effect
73 and construction of the existing laws; repealing s.
74 163.522, F.S., relating to state redevelopment
75 programs; repealing s. 163.523, F.S., relating to safe
76 neighborhood districts; repealing s. 163.524, F.S.,
77 relating to the Neighborhood Preservation and
78 Enhancement Program; repealing s. 163.526, F.S.,
79 relating to Neighborhood Councils and the local
80 government designated agency; providing an effective
81 date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. 163.501 Short title.—This part may be cited as
86 the “Safe Neighborhoods Improvement Act.”
87 Section 2. Section 163.502, Florida Statutes, is amended to
88 read:
89 163.502 Safe Neighborhoods improvement; legislative
90 findings and purpose.—
91 (1) The Legislature hereby finds and declares that among
92 the many causes of deterioration in the business and residential
93 neighborhoods of the state are the following: proliferation of
94 crime, automobile traffic flow strangled by outmoded street
95 patterns, unsuitable topography, faulty lot layouts,
96 fragmentation of land uses and parking areas necessitating
97 frequent automobile movement, lack of separation of pedestrian
98 areas from automobile traffic, lack of separation of vehicle
99 traffic lanes and railroad traffic, and excessive noise levels
100 from automobile traffic, and lack of adequate public
101 improvements such as streets, street lights, street furniture,
102 street landscaping, sidewalks, traffic signals, way-finding
103 signs, mass transit, stormwater systems, and other public
104 utilities and improvements.
105 (2) The Legislature further finds and declares that healthy
106 and vibrant safe neighborhoods are the product of planning and
107 implementation of appropriate environmental design concepts,
108 comprehensive planning crime prevention programs, land use
109 recommendations, and beautification techniques.
110 (3) The Legislature further finds and declares that the
111 provisions of this part and the powers granted to local
112 governments, property owners’ associations, special dependent
113 districts, and community redevelopment neighborhood improvement
114 districts are desirable to guide and accomplish the coordinated,
115 balanced, and harmonious development of healthy and vibrant safe
116 neighborhoods; to promote the health, safety, and general
117 welfare of these areas and their inhabitants, visitors, property
118 owners, and workers; to establish, maintain, and preserve
119 property values and preserve and foster the development of
120 attractive neighborhood and business environments; to prevent
121 overcrowding and congestion; and to improve or redirect
122 automobile traffic and provide pedestrian safety; to reduce
123 crime rates and the opportunities for the commission of crime;
124 and to provide improvements in neighborhoods so they are
125 defensible against crime.
126 (4) It is the intent of the Legislature to assist local
127 governments in implementing plans that improve the employ crime
128 prevention through community policing innovations, environmental
129 design, environmental security, and defensible space techniques
130 to establish safe neighborhoods of this state. The Legislature,
131 therefore, declares that the development, redevelopment,
132 preservation, and revitalization of neighborhoods in this state,
133 and all the purposes of this part, are public purposes for which
134 public money may be borrowed, expended, loaned, and granted.
135 Section 3. Section 163.503, Florida Statutes, is amended to
136 read:
137 163.503 Safe neighborhoods; Definitions.—
138 (1) “Safe Neighborhood improvement district,” “district,”
139 or “neighborhood improvement district” means a district located
140 in an area in which more than 75 percent of the land is used for
141 residential purposes, or in an area in which more than 75
142 percent of the land is used for commercial, office, business, or
143 industrial purposes, excluding the land area used for public
144 facilities, and where there is a plan to reduce crime through
145 the implementation of crime prevention through environmental
146 design, environmental security, or defensible space techniques,
147 or through community policing innovations. Nothing in This
148 section does not shall preclude the inclusion of public land in
149 a neighborhood improvement district although the amount of land
150 used for public facilities is excluded from the land use acreage
151 calculations.
152 (2) “Association” means a property owners’ association
153 which is incorporated for the purpose of creating and operating
154 a neighborhood improvement district.
155 (3) “Department” means the Department of Legal Affairs.
156 (4) “Board” means the board of directors of a neighborhood
157 improvement district, which may be the governing body of a
158 municipality or county or the officers of a property owners’
159 association or the board of directors of a special neighborhood
160 improvement district or community redevelopment neighborhood
161 improvement district.
162 (5) “Environmental security” means an urban planning and
163 design process which integrates crime prevention with
164 neighborhood design and community development.
165 (6) “Crime prevention through environmental design” means
166 the planned use of environmental design concepts such as natural
167 access control, natural surveillance, and territorial
168 reinforcement in a neighborhood or community setting which is
169 designed to reduce criminal opportunity and foster positive
170 social interaction among the legitimate users of that setting.
171 (7) “Defensible space” means an architectural perspective
172 on crime prevention through physical design of the environment
173 to create the ability to monitor and control the environment
174 along individual perceived zones of territorial influence that
175 result in a proprietary interest and a felt responsibility.
176 (8) “Enterprise zone” means an area designated pursuant to
177 s. 290.0065.
178 (9) “Community policing innovation” means techniques or
179 strategies as defined by s. 163.340.
180 Section 4. Section 163.5035, Florida Statutes, is amended
181 to read:
182 163.5035 Safe Neighborhood improvement districts;
183 compliance with special district provisions.—Any special
184 district created pursuant to this part shall comply with all
185 applicable provisions contained in chapter 189. In cases where a
186 provision contained in this part conflicts with a provision in
187 chapter 189, the provision in chapter 189 shall prevail.
188 Section 5. Section 163.504, Florida Statutes, is amended to
189 read:
190 163.504 Safe Neighborhood improvement districts; planning
191 funds.—
192 (1) The governing body of any municipality or county may
193 authorize the formation of safe neighborhood improvement
194 districts through the adoption of an a planning ordinance that
195 which specifies that such districts may be created by one or
196 more of the methods established in ss. 163.506, 163.508,
197 163.511, and 163.512. A No district may not overlap the
198 jurisdictional boundaries of a municipality and the
199 unincorporated area of a county, unless approved except by
200 interlocal agreement.
201 (2) If the governing body of a municipality or county
202 elects to create a safe neighborhood improvement district, it
203 shall be eligible to request a grant from the Safe Neighborhoods
204 Program, created pursuant to s. 163.517 and administered by the
205 Department of Legal Affairs, to prepare a safe neighborhood
206 improvement plan for the district.
207 (3) Municipalities and counties may implement the
208 provisions of this section without planning funds from the
209 Department of Legal Affairs. However, nothing in this section
210 shall be construed to exempt any district from the requirements
211 of providing a safe neighborhood improvement plan pursuant to s.
212 163.516.
213 Section 6. Section 163.5055, Florida Statutes, is amended
214 to read:
215 163.5055 Notice Registration of district establishment;
216 notice of dissolution.—
217 (1)(a) Each neighborhood improvement district authorized
218 and established under this part shall within 30 days thereof
219 notify register with both the Department of Community Affairs
220 and the Department of Legal Affairs by providing these
221 departments with the district’s name, location, size, and type,
222 and such other information as the departments may request
223 require.
224 (2)(b) Each local governing body that which authorizes the
225 dissolution of a district shall notify both the Department of
226 Community Affairs and the Department of Legal Affairs within 30
227 days after the dissolution of the district.
228 (2) This section shall apply to all neighborhood
229 improvement districts established on or after July 1, 1987.
230 Section 7. Section 163.506, Florida Statutes, is amended to
231 read:
232 163.506 Local government neighborhood improvement
233 districts; creation; advisory council; dissolution.—
234 (1) After an a local planning ordinance has been adopted
235 authorizing the creation of local government neighborhood
236 improvement districts, the local governing body of a
237 municipality or county may create local government neighborhood
238 improvement districts by the enactment of a separate ordinance
239 for each district, which ordinance:
240 (a) Specifies the boundaries, size, and name of the
241 district.
242 (b) Authorizes the district to receive grants a planning
243 grant from the department.
244 (c) Authorizes the local government neighborhood
245 improvement district to levy an ad valorem tax on real and
246 personal property of up to 2 mills annually.
247 (d) Authorizes the use of special assessments to support
248 planning and implementation of district improvements pursuant to
249 the provisions of s. 163.514(16), if the district is a
250 residential local government neighborhood improvement district
251 including community policing innovations.
252 (e) Designates the local governing body as the board of
253 directors of the district.
254 (f) Establishes an advisory council to the board of
255 directors comprised of property owners, representatives of
256 property owners, business owners, or residents of the district.
257 (g) May prohibit the use of any district power authorized
258 by s. 163.514.
259 (h) Requires the district to notify the Department of Legal
260 Affairs and the Department of Community Affairs in writing of
261 its establishment within 30 days thereof pursuant to s.
262 163.5055.
263 (i) Authorizes the district to borrow money, contract
264 loans, and issue bonds, certificates, warrants, notes, or other
265 evidence of indebtedness from time to time to finance the
266 undertaking of any capital or other project for the purposes
267 permitted by the State Constitution and this part and may pledge
268 the funds, credit, property, and taxing power of the improvement
269 district for the payment of such debts and bonds.
270 1. Bonds issued under this part shall be authorized by
271 resolution of the governing board of the district and, if
272 required by the State Constitution, by affirmative vote of the
273 electors of the district. Such bonds may be issued in one or
274 more series and shall bear such date or dates, be payable upon
275 demand or mature at such time or times, bear interest at such
276 rate or rates, be in such denomination or denominations, be in
277 such form, registered or not, with or without coupon, carry such
278 conversion or registration privileges, have such rank or
279 priority, be executed in such manner, be payable in such medium
280 of payment, at such place or places, and subject to such terms
281 of redemption, with or without premium, be secured in such
282 manner, and have such other characteristics as may be provided
283 by such resolution or trust indenture or mortgage issued
284 pursuant thereto.
285 2. The governing body of the district shall determine the
286 terms and manner of sale and distribution or other disposition
287 of any and all bonds it may issue, consistent with s. 218.385,
288 and shall have any and all powers necessary and convenient to
289 such disposition.
290 3. The governing body of the district may establish and
291 administer such sinking funds as it deems necessary or
292 convenient for the payment, purchase, or redemption of any
293 outstanding bonded indebtedness of the district.
294 4. The governing body of the improvement district may levy
295 ad valorem taxes upon real and tangible personal property within
296 the district as it deems necessary to make payment, including
297 principal and interest, upon the general obligation and ad
298 valorem bonded indebtedness of the district or into any sinking
299 fund created pursuant to this part.
300 5. This part shall be full authority for the issuance of
301 bonds authorized herein.
302 (j) Authorizes the district to make and collect special
303 assessments pursuant to ss. 197.3632 and 197.3635 to pay for
304 capital improvements within the district and for reasonable
305 expenses of operating the district, including the payment of
306 expenses included in the district’s budget, if the district is a
307 commercial local government neighborhood improvement district.
308 Such assessments may not exceed $1,500 for each individual
309 parcel of land per year.
310 (k) Authorizes the district to charge, collect, and enforce
311 fees and other user charges.
312 (2) The advisory council shall perform such duties as may
313 be prescribed by the governing body and shall submit within the
314 time period specified by the governing body, acting as the board
315 of directors, a report on the district’s activities and a
316 proposed budget to accomplish its objectives. In formulating a
317 plan for services or improvements the advisory board shall
318 consult in public session with the appropriate staff or
319 consultants of the local governing body responsible for the
320 district’s plan.
321 (3) As an alternative to designating the local governing
322 body as the board of directors, a majority of the local
323 governing body of a city or county may appoint a board of three
324 to seven directors for the district who shall be residents of
325 the proposed area and who are subject to ad valorem taxation in
326 the residential neighborhood improvement district or who are
327 property owners in a commercial neighborhood improvement
328 district. The directors shall be appointed for staggered terms
329 of 3 years. The initial appointments shall be as follows: one
330 director for a 1-year term; one director for a 2-year term; and
331 one director for a 3-year term. If more than three directors are
332 to be appointed, the additional members shall initially be
333 appointed for 3-year terms. Vacancies shall be filled for the
334 unexpired portion of a term in the same manner as the initial
335 appointments were made. Each director shall hold office until
336 his or her successor is appointed and qualified unless the
337 director ceases to be qualified or is removed from office. Upon
338 appointment and qualification and in January of each year, the
339 directors shall organize by electing from their number a chair
340 and a secretary.
341 (3)(4) A district may be dissolved by the governing body by
342 rescinding the ordinance creating the district. The governing
343 body may rescind shall consider rescinding the ordinance if
344 presented with a petition requesting that it be rescinded.
345 Petitions related to a residential neighborhood improvement
346 district must contain containing the signatures of 60 percent of
347 the residents. Petitions related to a commercial neighborhood
348 improvement district must contain signatures representing owners
349 of 60 percent of the land area of the of a district.
350 Section 8. Section 163.508, Florida Statutes, is amended to
351 read:
352 163.508 Property owners’ association neighborhood
353 improvement districts; creation; powers and duties; duration.—
354 (1) After an a local planning ordinance has been adopted
355 authorizing the creation of property owners’ association
356 neighborhood improvement districts, the local governing body of
357 a municipality or county may create property owners’ association
358 neighborhood improvement districts by the enactment of a
359 separate ordinance for each district, which ordinance:
360 (a) Establishes that an incorporated property owners’
361 association representing 75 percent of all owners of property
362 within a proposed district meeting the requirements of this
363 section has petitioned the governing body of the municipality or
364 county for creation of a district for the area encompassed by
365 the property owned by members of the association.
366 (b) Specifies the boundaries, size, and name of the
367 district.
368 (c) Authorizes the governing body through mutual agreement
369 with the property owners’ association to:
370 1. Request grants a matching grant from the state’s Safe
371 Neighborhoods Program to prepare the first year’s safe
372 neighborhood improvement plan. The provider of the local match
373 for the state grant shall be mutually agreed upon between the
374 governing body and the property owners’ association. The
375 governing body may agree to provide the match as a no-interest
376 bearing loan to be paid back from assessments imposed by the
377 association on its members or shareholders.
378 2. Provide staff and other technical assistance to the
379 property owners’ association on a mutually agreed-upon basis,
380 contractual or otherwise.
381 3. Prepare the first year’s safe neighborhood improvement
382 plan, which shall comply with and be consistent with the
383 governing body’s adopted comprehensive plan.
384 (d) Provides for an audit of the property owners’
385 association.
386 (e) Designates the officers of the incorporated property
387 owners’ association as the board of directors of the district.
388 (f) May prohibit the use of any district power authorized
389 by s. 163.514.
390 (g) Requires the district to notify the Department of Legal
391 Affairs and the Department of Community Affairs in writing of
392 its establishment within 30 days thereof pursuant to s.
393 163.5055.
394 (2) In order to qualify for the creation of a neighborhood
395 improvement district, the property owners shall form an
396 association in compliance with this section, or use an existing
397 property owners’ association in compliance with this section,
398 which shall be a corporation, for profit or not for profit. At
399 least, and of which not less than 75 percent of all property
400 owners within the proposed area must consent have consented in
401 writing to become members or shareholders. Upon such consent by
402 75 percent of the property owners in the proposed district, all
403 consenting property owners and their successors shall become
404 members of the association and shall be bound by the provisions
405 of the articles of incorporation, the bylaws of the association,
406 the covenants, the deed restrictions, the indentures, and any
407 other properly promulgated restrictions. The association shall
408 have no member or shareholder who is not a bona fide owner of
409 property within the proposed district. Upon receipt of its
410 certificate of incorporation, the property owners’ association
411 shall notify the clerk of the city or county court, whichever is
412 appropriate, in writing, of such incorporation and shall list
413 the names and addresses of the officers of the association.
414 (3) Any incorporated property owners’ association operating
415 pursuant to this part has shall have the power:
416 (a) To negotiate with the governing body of a municipality
417 or county for closing, privatizing, or modifying the rights-of
418 way, and appurtenances thereto, within the district.
419 (b) To use utilize various legal instruments such as
420 covenants, deed restrictions, and indentures to preserve and
421 maintain the integrity of property, land, and rights-of-way
422 owned and conveyed to it within the district.
423 (c) To make and collect assessments against all property
424 within the boundaries of the district pursuant to the provisions
425 of s. 163.514(16) and to lease, maintain, repair, and
426 reconstruct any privatized street, land, or common area within
427 the district upon dedication thereof to the association.
428 (d) Without the joinder of any property owner, to modify,
429 move, or create any easement for ingress and egress or for the
430 purpose of utilities, if such easement constitutes part of or
431 crosses district property. However, this does shall not
432 authorize the association to modify or move any easement that
433 which is created in whole or in part for the use or benefit of
434 anyone other than association members, or which crosses the
435 property of anyone other than association members, without the
436 consent or approval of such person as required by law or by the
437 instrument creating the easement. Nothing in this paragraph
438 shall affect the rights of ingress or egress of any member of
439 the association.
440 (4) A property owners’ association neighborhood improvement
441 district shall continue in perpetuity as long as the property
442 owners’ association created pursuant to this section exists
443 under the applicable laws of the state.
444 Section 9. Subsections (1), (7), (8), and (10) of section
445 163.511, Florida Statutes, are amended to read:
446 163.511 Special neighborhood improvement districts;
447 creation; referendum; board of directors; duration; extension.—
448 (1) After an a local planning ordinance has been adopted
449 authorizing the creation of special neighborhood improvement
450 districts, the governing body of a municipality or county may
451 declare the need for and create special residential or business
452 neighborhood improvement districts by the enactment of a
453 separate ordinance for each district, which ordinance:
454 (a) Conditions the implementation of the ordinance on the
455 approval of a referendum as provided in subsection (2).
456 (b) Authorizes the special neighborhood improvement
457 district to levy an ad valorem tax on real and personal property
458 of up to 2 mills annually.
459 (c) Authorizes the use of special assessments to support
460 planning and implementation of district improvements pursuant to
461 the provisions of s. 163.514(16), including community policing
462 innovations.
463 (d) Specifies the boundaries, size, and name of the
464 district.
465 (e) Authorizes the district to receive a planning grant
466 from the department.
467 (f) Provides for the appointment of a 3-member board of
468 directors for the district.
469 (g) May authorize a special neighborhood improvement
470 district to exercise the power of eminent domain pursuant to
471 chapters 73 and 74. Any property identified for eminent domain
472 by the district shall be subject to the approval of the local
473 governing body before eminent domain procedures are exercised.
474 (h) May prohibit the use of any district power authorized
475 by s. 163.514.
476 (i) Requires the district to notify the Department of Legal
477 Affairs and the Department of Community Affairs in writing of
478 its establishment within 30 days thereof pursuant to s.
479 163.5055.
480 (j) May authorize a special neighborhood improvement
481 district to develop and implement community policing innovations
482 in consultation with the local law enforcement agency having
483 jurisdiction within the district boundaries.
484 (7) The business and affairs of a special neighborhood
485 improvement district shall be conducted and administered by a
486 board of three directors who shall be residents of or property
487 owners within the proposed area and who are subject to ad
488 valorem taxation in the district. Upon their initial appointment
489 and qualification and in January of each year thereafter, the
490 directors shall organize by electing from their number a chair
491 and a secretary, and may also employ staff and legal
492 representatives as deemed appropriate, who shall serve at the
493 pleasure of the board and may receive such compensation as shall
494 be fixed by the board. The secretary shall keep a record of the
495 proceedings of the district and shall be custodian of all books
496 and records of the district. The directors may shall not receive
497 any compensation for their services, nor may they be employed by
498 the district.
499 (8) Within 30 days of the approval of the creation of a
500 special neighborhood improvement district, if the district is in
501 a municipality, a majority of the governing body of the
502 municipality, or if the district is in the unincorporated area
503 of the county, a majority of the county commission, shall
504 appoint the three directors provided for herein for staggered
505 terms of 3 years. The initial appointments shall be as follows:
506 one for a 1-year term, one for a 2-year term, and one for a 3
507 year term. Each director shall hold office until his or her
508 successor is appointed and qualified unless the director ceases
509 to be qualified to act as a director or is removed from office.
510 Vacancies on the board shall be filled for the unexpired portion
511 of a term in the same manner as the initial appointments were
512 made.
513 (10) The governing body of a municipality or county may
514 remove a director for inefficiency, neglect of duty, or
515 misconduct in office only after a hearing and only if he or she
516 has been given a copy of the charges at least 10 days prior to
517 such hearing and has had an opportunity to be heard in person or
518 by counsel. A vacancy so created shall be filled as provided
519 herein.
520 Section 10. Section 163.512, Florida Statutes, is amended
521 to read:
522 163.512 Community redevelopment neighborhood improvement
523 districts; creation; advisory council; dissolution.—
524 (1) Upon the recommendation of the community redevelopment
525 agency and after an a local planning ordinance has been adopted
526 authorizing the creation of community redevelopment neighborhood
527 improvement districts, the local governing body of a
528 municipality or county may create community redevelopment
529 neighborhood improvement districts by the enactment of a
530 separate ordinance for each district, which ordinance:
531 (a) Specifies the boundaries, size, and name of the
532 district.
533 (b) Authorizes the district to receive grants a planning
534 grant from the department.
535 (c) Authorizes the use of the community redevelopment trust
536 fund created pursuant to s. 163.387 for the purposes of
537 implementing the district’s safe neighborhood improvement plan
538 and furthering crime prevention through community policing
539 innovations, environmental design, environmental security, and
540 defensible space techniques, if the expenditures from the
541 community redevelopment trust fund are consistent with the
542 community redevelopment plan created pursuant to s. 163.360.
543 (d) Designates the community redevelopment board of
544 commissioners established pursuant to s. 163.356 or s. 163.357
545 as the board of directors for the district.
546 (e) Establishes an advisory council to the board of
547 directors comprised of property owners or residents of the
548 district.
549 (f) May prohibit the use of any district power authorized
550 by s. 163.514.
551 (g) Requires that the district’s safe neighborhood
552 improvement plan be consistent with the community redevelopment
553 plan created pursuant to s. 163.360, and permits the safe
554 neighborhood improvement plan to be included in the community
555 redevelopment plan as an optional element.
556 (h) Requires that the boundaries of the community
557 redevelopment district be contained in whole within the
558 community redevelopment area established pursuant to ss. 163.355
559 and 163.356.
560 (i) Requires the district to notify the Department of Legal
561 Affairs and the Department of Community Affairs in writing of
562 its establishment within 30 days thereof pursuant to s.
563 163.5055.
564 (2) The advisory council shall perform such duties as may
565 be prescribed by the community redevelopment board established
566 pursuant to s. 163.356 and shall submit within the time period
567 specified by the board of directors a report on the district’s
568 activities and a proposed budget to accomplish its objectives.
569 In formulating a plan for services or improvements, the advisory
570 council shall consult in public session with the appropriate
571 staff or consultants of the community redevelopment board
572 responsible for the district’s plan.
573 (3) A district may be dissolved by the local governing body
574 by rescinding the ordinance creating the district. The governing
575 body may rescind shall consider rescinding the ordinance if
576 presented with a petition containing the signatures of 60
577 percent of the residents of a district.
578 Section 11. Section 163.513, Florida Statutes, is repealed.
579 Section 12. Section 163.514, Florida Statutes, is amended
580 to read:
581 163.514 Powers of neighborhood improvement districts.
582 Unless prohibited by ordinance, the board of any district is
583 shall be empowered to:
584 (1) Enter into contracts and agreements and sue and be sued
585 as a body corporate.
586 (2) Have and use a corporate seal.
587 (3) Acquire, own, convey, or otherwise dispose of, lease as
588 lessor or lessee, construct, maintain, improve, enlarge, raze,
589 relocate, operate, and manage property and facilities of
590 whatever type to which it holds title and grant and acquire
591 licenses, easements, and options with respect thereto.
592 (4) Accept grants and donations of any type of property,
593 labor, or other thing of value from any public or private
594 source.
595 (5) Have exclusive control of funds legally available to
596 it, subject to limitations imposed by law or by any agreement
597 validly entered into by it.
598 (6) Cooperate and contract with other governmental agencies
599 or other public bodies.
600 (7) Contract for services of planners, engineers,
601 attorneys, and other planning consultants, experts on crime
602 prevention through community policing innovations, environmental
603 design, environmental security, or defensible space, or other
604 experts in areas pertaining to the operations of the board of
605 directors or the district.
606 (8) Contract with the county or municipal government for
607 planning assistance, legal advice, and for increased levels of
608 law enforcement protection and security, including additional
609 personnel.
610 (9) Promote and advertise the commercial advantages of the
611 district so as to attract new businesses and encourage the
612 expansion of existing businesses.
613 (10) Promote and advertise the district to the public and
614 engage in cooperative advertising programs with businesses
615 located in the district.
616 (11) Improve, plan, design, construct, operate, provide,
617 and maintain street lighting, parks, streets, drainage,
618 utilities, swales, parking facilities, transit, landscaping, and
619 open areas, and provide safe access to mass transportation
620 facilities in the district.
621 (12) Undertake innovative approaches to securing
622 neighborhoods from crime, such as crime prevention through
623 community policing innovations, environmental design,
624 environmental security, and defensible space.
625 (13) Privatize, close, vacate, plan, or replan streets,
626 roads, sidewalks, and alleys, subject to the concurrence of the
627 local governing body and, if required, the state Department of
628 Transportation.
629 (14) Prepare, adopt, implement, and modify a safe
630 neighborhood improvement plan for the district.
631 (15) Identify areas with blighted influences, including,
632 but not limited to, areas where unlawful urban dumping or
633 graffiti are prevalent, and develop programs for eradication
634 thereof.
635 (16)(a) Subject to referendum approval, and for special,
636 community redevelopment, and property owners’ association
637 neighborhood improvement districts only, make and collect
638 special assessments pursuant to ss. 197.3632 and 197.3635 to pay
639 for improvements to the district and for reasonable expenses of
640 operating the district, including the payment of expenses
641 included in the district’s budget, subject to an affirmative
642 vote by a majority of the registered voters residing in the
643 district. Such assessments shall not exceed $500 for each
644 individual parcel of land per year. Notwithstanding the
645 provisions of s. 101.6102, the referendum to approve the special
646 assessment shall be by mail ballot.
647 (b) In order to implement this subsection, the city clerk
648 or the supervisor of elections, whichever is appropriate, shall
649 compile a list of the names and last known addresses of the
650 electors in the neighborhood improvement district from the list
651 of registered voters of the county as of the last day of the
652 preceding month. The same shall constitute the registration list
653 for the purposes of a referendum. Within 45 days after
654 compilation of the voter registration list, the city clerk or
655 the supervisor of elections shall notify each elector of the
656 general provisions of this section, including the taxing
657 authority and the date of the upcoming referendum. Notification
658 shall be by United States mail and, in addition thereto, by
659 publication one time in a newspaper of general circulation in
660 the county or municipality in which the district is located.
661 (c) Any resident of the district whose name does not appear
662 on the list compiled pursuant to paragraph (b) may register to
663 vote as provided by law. The registration list shall remain open
664 for 75 days after the notification required in paragraph (b).
665 (d) Within 15 days after the closing of registration, the
666 city clerk or the supervisor of elections shall send a ballot to
667 each elector at his or her last known mailing address by first
668 class United States mail. The ballot shall include:
669 1. A description of the general provisions of this section
670 applicable to the neighborhood improvement district; and
671 2. Immediately following said information, the following:
672
673 “Do you favor the imposition of a special assessment
674 of not greater than $500 for each individual parcel of
675 land per year to pay for the expenses of operating the
676 neighborhood improvement district?
677
678 ....Yes, for the special assessment.
679
680 ....No, against the special assessment.”
681
682 (e) Ballots shall be returned by United States mail or by
683 personal delivery.
684 (f) All ballots received within 60 days after the closing
685 of registration shall be tabulated by the city clerk or the
686 supervisor of elections, who shall certify the results thereof
687 to the city governing body or county commission no later than 5
688 days after said 60-day period.
689 (17) Exercise all lawful powers incidental to the effective
690 and expedient exercise of the foregoing powers.
691 Section 13. Subsections (3) and (4) of section 163.5151,
692 Florida Statutes, are amended to read:
693 163.5151 Fiscal management; budget preparation.—
694 (3) Each local government and special neighborhood
695 improvement district levying an ad valorem tax on real or
696 personal property shall establish its budget pursuant to the
697 provisions of chapter 200. Before adopting Prior to adoption of
698 the final budget and setting of the millage rate to be levied by
699 the board, the board shall submit a tentative budget and
700 proposed millage rate of the district to the governing body of
701 the municipality in which the district is located, or to the
702 county if the district is located in the unincorporated portion
703 of the county, for approval or disapproval. Such governing body
704 shall have the power to modify the budget or millage submitted
705 by the board. Subsequent to approval, the board shall adopt its
706 final budget and millage rate in accordance with the
707 requirements of chapter 200.
708 (4) At the option of the county property appraiser for the
709 county within which the neighborhood improvement district is
710 located, the assessments levied by the district may shall be
711 collected in the same manner as all ad valorem taxes if so
712 requested by the local governing body pursuant to s. 197.363.
713 Section 14. Section 163.516, Florida Statutes, is amended
714 to read:
715 163.516 Safe Neighborhood improvement plans.—
716 (1) A safe neighborhood improvement plan is mandated for
717 all neighborhood improvement districts. The plan must shall
718 contain at least the following elements:
719 (a) Demographics of the district.
720 (b) Crime activity data and analysis.
721 (b)(c) Land use, zoning, housing, and traffic analysis.
722 (d) Determination of the problems of the crime-to
723 environment relationship and the stability of the neighborhood
724 improvement district.
725 (c)(e) Statement of the district’s goal and objectives.
726 (f) Assessment of crime prevention through community
727 policing innovations, environmental design, environmental
728 security, and defensible space strategies and tactics that will
729 be applied to the crime-to-environment relationship problems.
730 (g) Cost estimates and the methods of financing.
731 (h) Outline of program participants and their functions and
732 responsibilities.
733 (i) Schedule for executing program activities.
734 (j) Evaluation guidelines.
735 (2) Every safe neighborhood improvement plan must shall
736 show, by diagram and by general explanation:
737 (a) Such property as is intended for use as public parks,
738 recreation areas, streets, public utilities, and public
739 improvements of any nature.
740 (b) Specific identification of any publicly funded capital
741 improvement projects to be undertaken within the district.
742 (c) Adequate assurances that the improvements will be
743 carried out pursuant to the plan.
744 (d) Provision for the retention of controls and the
745 establishment of any restrictions or covenants running with land
746 sold or leased for private use for such periods of time and
747 under such conditions as the governing body of the municipality
748 in which the district is located, or the county if the district
749 is located in the unincorporated portion of the county, deems
750 necessary to effectuate the purposes of this part.
751 (c)(e) Projected costs of improvements, including the
752 amount to be expended on publicly funded capital improvement
753 projects in the district and any indebtedness of the district,
754 the county, or the municipality proposed to be incurred if such
755 indebtedness is to be repaid with district revenues.
756 (f) Promotion of advertising programs to be undertaken by
757 the district or in conjunction with businesses in the district.
758 (g) Suggested physical improvements necessary for the
759 safety of residents in or visitors to the district.
760 (h) Law enforcement and security plans for the district.
761 (3) The safe neighborhood improvement plan must shall:
762 (a) Be consistent with the adopted comprehensive plan for
763 the county or municipality pursuant to the Local Government
764 Comprehensive Planning and Land Development Regulation Act. No
765 district plan shall be implemented unless the local governing
766 body has determined said plan is consistent.
767 (b) Be sufficiently complete to indicate such land
768 acquisition, demolition and removal of structures, street
769 modifications, redevelopment, and rehabilitation as may be
770 proposed to be carried out in the district.
771 (c) Provide some method for and measurement of the
772 reduction of crime within the district.
773 (4) The county, municipality, or district may prepare or
774 cause to be prepared a safe neighborhood improvement plan, or
775 any person or agency, public or private, may submit such a plan
776 to a district. Prior to its consideration of a safe neighborhood
777 improvement plan, the district shall submit such plan to the
778 local governing body for review and written approval as to its
779 consistency with the local government comprehensive plan. The
780 district must be notified of approval or disapproval within 60
781 days after receipt of the plan for review, and a revised version
782 of the plan may be submitted to satisfy any inconsistencies. The
783 district may not proceed with the safe neighborhood improvement
784 plan until final approval is given by the local governing body.
785 (4)(5) Prior to adoption of the safe neighborhood
786 improvement plan, the board shall hold a public hearing on the
787 plan after public notice thereof by publication in a newspaper
788 of general circulation in the county or municipality in which
789 the district is located. The notice shall describe the time,
790 date, place, and purpose of the hearing; identify the boundaries
791 of the district; and outline the general scope of the plan.
792 (5)(6) The board, after the public hearing, may approve the
793 safe neighborhood improvement plan if it finds:
794 (a) The plan has been approved as consistent with the local
795 comprehensive plan by the local governing body; and
796 (b) The plan will improve the promotion, appearance,
797 safety, security, and public amenities of the neighborhood
798 improvement district as stipulated in s. 163.502.
799 (6)(7) If, at any time after approval of the safe
800 neighborhood improvement plan, it becomes desirable to amend or
801 modify the plan, the board may do so. Prior to any such
802 amendment or modification, the board shall obtain written
803 approval of the local governing body concerning conformity to
804 the local government comprehensive plan and hold a public
805 hearing on the proposed amendment or modification after public
806 notice thereof by publication in a newspaper of general
807 circulation in the county or municipality in which the district
808 is located. The notice shall describe the time, place, and
809 purpose of the hearing and generally describe the proposed
810 amendment or modification.
811 (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
812 governing body of a municipality or county shall hold two public
813 hearings to consider the board-adopted safe neighborhood
814 improvement plan as an amendment or modification to the
815 municipality’s or county’s adopted local comprehensive plan.
816 (9) A safe neighborhood improvement plan for each district
817 shall be prepared and adopted by the municipality or county
818 prior to the levy and expenditure of any of the proceeds of any
819 tax assessment or fee authorized to such districts other than
820 for the preparation of the safe community or business
821 improvement plan.
822 Section 15. Section 163.517, Florida Statutes, is repealed.
823 Section 16. Section 163.519, Florida Statutes, is repealed.
824 Section 17. Section 163.521, Florida Statutes, is repealed.
825 Section 18. Section 163.5215, Florida Statutes, is
826 repealed.
827 Section 19. Section 163.522, Florida Statutes, is repealed.
828 Section 20. Section 163.523, Florida Statutes, is repealed.
829 Section 21. Section 163.524, Florida Statutes, is repealed.
830 Section 22. Section 163.526, Florida Statutes, is repealed.
831 Section 23. This act shall take effect July 1, 2011.
