Florida Senate - 2024 SB 1330



By Senator Calatayud





38-00607-24 20241330__
1 A bill to be entitled
2 An act relating to resilience districts; creating s.
3 190.101, F.S.; providing a short title; creating s.
4 190.102, F.S.; providing legislative findings;
5 creating s. 190.103, F.S.; defining terms; creating s.
6 190.104, F.S.; declaring that this act constitutes the
7 sole authority for resilience districts; creating s.
8 190.105, F.S.; providing that the establishment of
9 resilience districts is through a petition by certain
10 persons; prohibiting a local government from
11 initiating a resilience district without such
12 petition; specifying the requirements for the
13 petition; requiring the petitioner to send copies of
14 the petition to specified counties and municipalities
15 and pay a certain fee; authorizing petitioners to
16 engage in certain meetings before the filing of the
17 petition; requiring certain counties and
18 municipalities to conduct public hearings; specifying
19 a timeframe for conducting such hearings; authorizing
20 counties or municipalities to express support of or
21 objection to the resilience district by resolution;
22 specifying the requirements for such resolution;
23 requiring the public hearing on a petition to be
24 conducted in accordance with local regulations and at
25 an accessible location; requiring the petitioner to
26 publish notice of the hearing; specifying the
27 requirements of the notice; requiring the local
28 government to give an opportunity to provide oral or
29 written comments on the petition; providing that the
30 local government where the petition is filed may
31 consider specified factors in granting or denying a
32 petition for a resilience district; specifying certain
33 requirements if the petition is denied on a specified
34 basis; requiring that an interlocal agreement be
35 signed in certain circumstances; requiring counties to
36 develop a process to receive such petitions by a
37 certain date; specifying the requirements of the
38 petition; requiring the petitioner to submit a
39 petition to a specified county and to pay certain
40 fees; requiring the county to make certain
41 notifications; requiring the county to conduct a
42 public hearing under certain circumstances; specifying
43 a timeframe and requirements for such hearing;
44 authorizing counties to express support of or
45 objection to the resilience district by resolution;
46 specifying the requirements for such resolution;
47 requiring that the hearing be conducted in accordance
48 with local regulations and at an accessible location;
49 requiring the petitioner to publish notice of the
50 hearing; specifying the requirements of the notice;
51 requiring the county to give certain individuals an
52 opportunity to provide oral or written comments on the
53 petition; specifying factors that may be considered in
54 granting or denying petitions; providing procedures
55 for the rehearing or revision of petitions; requiring
56 implementation of a project under specified
57 circumstances; requiring affected governments to sign
58 an interlocal agreement with a local government
59 receiving a petition under certain circumstances;
60 creating s. 190.1052, F.S.; specifying requirements
61 for the size of resilience districts; prohibiting
62 certain configurations; requiring resilience districts
63 to replace certain other special taxing districts
64 under certain circumstances; requiring that certain
65 funds be transferred to the resilience district;
66 specifying that the resilience district includes
67 certain consolidated property; creating s. 190.1054,
68 F.S.; specifying acceptable uses of resilience
69 districts; providing limitations on the use of
70 resilience districts; requiring that certain
71 modifications be approved through an amended petition;
72 creating s. 190.1056, F.S.; authorizing the payment of
73 certain fees for project management of resilience
74 districts; specifying a certain fee to the property
75 appraiser for certain administration; requiring that
76 all fees be factored into the loan amount; creating s.
77 190.106, F.S.; specifying the composition, length of
78 terms, and procedure for filling vacancies of the
79 board for resilience districts; requiring board
80 members to follow applicable laws; prohibiting board
81 members from receiving compensation; prohibiting board
82 members from performing the work of the resilience
83 district; requiring board members to be residents of
84 this state and citizens of the United States; creating
85 s. 190.108, F.S.; requiring each resilience district
86 to publish an annual budget; requiring resilience
87 districts to provide certain financial reports;
88 authorizing the local government to review and submit
89 comments regarding a district’s annual budget;
90 creating s. 190.111, F.S.; specifying the powers of
91 resilience districts and their boards of supervisors;
92 creating s. 190.133, F.S.; requiring resilience
93 districts to follow a specified procurement process;
94 creating s. 190.136, F.S.; authorizing resilience
95 districts to recover unpaid fees, rental charges, or
96 penalties; creating s. 190.146, F.S.; specifying the
97 circumstances in which resilience districts may be
98 expanded or reduced; providing for automatic
99 termination of resilience districts upon payment of
100 debt; creating s. 190.148, F.S.; requiring a specified
101 disclosure for sales of real property located in a
102 resilience district; creating s. 190.149, F.S.;
103 requiring resilience districts to record a specified
104 notice of establishment within a specified timeframe;
105 amending ss. 190.002, 190.003, 190.046, and 190.048,
106 F.S.; conforming provisions to changes made by the
107 act; making technical changes; providing a directive
108 to the Division of Law Revision; providing an
109 effective date.
110
111 Be It Enacted by the Legislature of the State of Florida:
112
113 Section 1. Section 190.101, Florida Statutes, is created to
114 read:
115 190.101 Short title.—Sections 190.101-190.149 may be cited
116 as the “Resilience District Act of 2024.”
117 Section 2. Section 190.102, Florida Statutes, is created to
118 read:
119 190.102 Legislative findings.—The Legislature finds that:
120 (1) There is a need for uniform, focused, and fair
121 procedures in state law which provide financial mechanisms to
122 help communities mitigate the risk from rising sea levels and
123 increased flooding while improving the quality of life for their
124 residents.
125 (2) Local governments need support to address these
126 challenges in a timely manner, including providing new,
127 resident-focused solutions to solve infrastructure problems.
128 (3) Even though more than half of this state’s
129 municipalities have fewer than 6,000 residents, current
130 financing mechanisms disproportionately benefit larger and more
131 affluent communities.
132 (4) Allowing current special districts to exist in
133 perpetuity, even long after their functional responsibilities
134 have ended and their initial debt financing is satisfied, is not
135 in the state’s best interest.
136 Section 3. Section 190.103, Florida Statutes, is created to
137 read:
138 190.103 Definitions.—As used in ss. 190.101-190.149, the
139 term:
140 (1) “Board” or “board of supervisors” has the same meaning
141 as in s. 190.003.
142 (2) “Bond” means any general obligation bond, assessment
143 bond, refunding bond, revenue bond, and other such obligation in
144 the nature of a bond as is provided for in this act.
145 (3) “District” means a resilience district.
146 (4) “District boundaries” means a continuous geographic
147 area with a common interest.
148 (5) “District manager” means the manager of a resilience
149 district, who may include a staff member of the local
150 government.
151 (6) “Infrastructure” means any fixed capital expenditure or
152 fixed capital costs associated with the construction,
153 reconstruction, or improvement of facilities that have a life
154 expectancy of 5 or more years and any land acquisition, land
155 improvement, design, and engineering costs related thereto.
156 (7) “Landowner” means the owner of a freehold estate as it
157 appears by the deed record, including a trustee, a private
158 corporation, and an owner of a condominium unit. The term does
159 not include a reversioner, remainderman, mortgagee, or any
160 governmental entity that may not be counted and need not be
161 notified of proceedings under this act. The term includes the
162 owner of a ground lease from a governmental entity, which
163 leasehold interest has a remaining term, excluding all renewal
164 options, in excess of 50 years.
165 (8) “Parcel” means any quantity of land capable of being
166 described with such definiteness that its location and
167 boundaries may be established, which is designated by its owner
168 or developer as land to be used or developed as a unit, or which
169 has been used or developed as a unit.
170 (9) “Resilience district” means a citizen-initiated
171 financing district created pursuant to this act and limited to
172 the performance of those specialized functions authorized by
173 this act which address infrastructure and resilience problems
174 affecting the district’s geographic area, specifically for
175 public infrastructure.
176 (10) “Taxpayer” means any person or corporation paying
177 property taxes for property owned within the resilience district
178 boundary.
179 (11) “Local general-purpose government” has the same
180 meaning as in 190.003.
181 Section 4. Section 190.104, Florida Statutes, is created to
182 read:
183 190.104 Sole authority.—This act constitutes the sole
184 authorization for the establishment of resilience districts that
185 have any of the specified functions and powers provided by this
186 act.
187 Section 5. Section 190.105, Florida Statutes, is created to
188 read:
189 190.105 Establishment of resilience districts.—The
190 exclusive and uniform method for the establishment of a
191 resilience district to address infrastructure is through a
192 petition by the taxpayers who own real property within the
193 district boundaries. A local government may not initiate the
194 creation of the resilience district without such petition.
195 (1) A petition for the establishment of a resilience
196 district must be filed by the petitioner with the local
197 government having jurisdiction, which must serve as the project
198 manager for the proposed district unless the proposed district
199 hires a private individual to provide this service. The petition
200 must contain all of the following:
201 (a) A metes and bounds description of the boundaries of the
202 proposed district. Any real property within the boundaries of
203 the proposed district which is to be excluded from the proposed
204 district must be specifically described, and the last known
205 address of all owners of such real property must be provided.
206 The petition must also address the impact of the proposed
207 district on any such real property within the external
208 boundaries of the proposed district which is to be excluded from
209 the proposed district.
210 (b) Written consent to the establishment of the district by
211 70 percent of the landowners whose real property is within the
212 boundaries of the district or documentation demonstrating that
213 the petitioner has control by deed, trust agreement, contract,
214 or option of 100 percent of such real property. When such real
215 property to be included in the district is owned by a
216 governmental entity and is subject to a ground lease as
217 described in s. 190.103(7), the governmental entity must provide
218 its written consent. The petitioner must verify ownership of
219 property with the county property appraiser.
220 (c) The name of the proposed district.
221 (d) Identification that the use of the proposed district is
222 an acceptable use under s. 190.1054(1).
223 (e) A written description of the need for the proposed
224 district.
225 (f) Designation of five persons who will be the initial
226 members of the proposed district’s board of supervisors and
227 serve in that office until replaced by members elected pursuant
228 to s. 190.106.
229 (g) Based upon available data, the budget of the proposed
230 district and the timeline for expenditure of funds. These
231 estimates must be submitted in good faith but are not binding,
232 and may be revised as needed. The proposed budget must include
233 the overall cost of the infrastructure project, the number of
234 years of repayment, the cost per property, and any fees to be
235 paid to a local general-purpose government in support of the
236 development and operation of the district.
237 (2) The petitioner shall submit the petition to the local
238 government that will serve as the project manager, along with an
239 application fee of $500, and shall provide a copy of the
240 petition to each municipality or county having jurisdiction over
241 all, or a portion of, the land within the boundaries of the
242 proposed district. In cases where conflicts arise over the
243 formation of a district, the petitioner may engage the local
244 government in meetings before the petition is filed to attempt
245 to find a resolution that is mutually agreeable to all parties.
246 (3) Each county or municipality required under this section
247 to receive a petition shall conduct a public hearing to consider
248 the merits of the petition and whether it meets the requirements
249 specified in subsection (4).
250 (a) A public hearing conducted under this section must:
251 1. Be held within 90 days after the date the petition is
252 filed, unless an extension of time is requested by the
253 petitioner and granted by the local general-purpose government,
254 as applicable. The local general-purpose government holding the
255 public hearing may express its support of or objection to the
256 creation of the resilience district by resolution, in which any
257 objection to the granting of the petition must be based upon the
258 factors specified in subsection (4). Such resolution must be
259 adopted by a supermajority of the governing body of the local
260 general-purpose government.
261 2. Be conducted in accordance with local ordinances
262 regarding public hearings.
263 3. Be held at an accessible location of the local
264 government that receives the petition.
265 (b) The petitioner shall publish a notice of the hearing
266 for 4 successive weeks on a publicly accessible website as
267 provided in s. 50.0311(2) and mail a notice to each landowner of
268 real property within the boundaries of the proposed district at
269 least 30 days before the hearing. Such notice must give the time
270 and place of the hearing; a description of the area to be
271 included in the district, including a map clearly showing the
272 boundaries of the district and the real property located within
273 those boundaries; and any other relevant information that the
274 county or municipality, as applicable, requires. All affected
275 units of the local general-purpose government and the general
276 public must be given an opportunity to appear at the hearing and
277 present oral or written comments on the petition.
278 (4) The local general-purpose government with which the
279 petition is filed may consider any of the following factors in
280 granting or denying the petition for the establishment of a
281 resilience district:
282 (a) Whether all statements contained in the petition have
283 been found to be true and correct.
284 (b) Whether the proposed district boundaries are in
285 compliance with s. 190.1052.
286 (c) Whether the local general-purpose government has
287 com