Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #:     HB 535 Barefoot Bay Recreation District, Brevard County
SPONSOR(S): Fine
TIED BILLS:       IDEN./SIM. BILLS:
    REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Local Administration & Veterans Affairs                    16 Y, 0 N            Darden              Miller
       Subcommittee
    2) Public Integrity & Elections Committee                     16 Y, 0 N            Roy                 Rubottom
    3) State Affairs Committee                                    20 Y, 0 N            Darden              Williamson
                                                SUMMARY ANALYSIS
Each municipality or county is authorized to create one or more mobile home park recreation districts that
operate and maintain recreational facilities. Districts may only be created subject to a referendum of the
district’s residents, unless a petition to create the district is signed by a majority of the electors within the
proposed district.
The Barefoot Bay Recreation District (District) is a mobile home park recreation district created by Brevard
County in 1984 for the Barefoot Bay Mobile Home Subdivision. The District operates a golf course, three
community pools, and a beach pavilion. The District is governed by a five-member Board of Trustees (Board)
elected by residents.
The bill authorizes the Brevard County Board of County Commissioners to amend the District’s charter to
increase the length of District Board member terms from two years to three years, subject to approval by the
electors of the District in a referendum held during the 2022 general election. Members elected in the following
two District elections would serve two- or three-year terms, based on the number of votes received in the
election. The bill also makes conforming changes to term limits for Board members, providing that a Board
member may not serve more than three successive two-year terms or two successive three-year terms but no
more than six consecutive years. Beginning with the November 2023 election, potential candidates for the
Board are disqualified from running if serving the term would result in over six years of consecutive service. A
term-limited Board member may not serve for at least three years after the completion of the member’s last
successive complete term.
Pursuant to House Rule 5.5(b), a local bill that provides an exemption from general law may not be
placed on the Special Order Calendar in any section reserved for the expedited consideration of local
bills. The provisions of House Rule 5.5(b) appear to apply to this bill.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0535e.SAC
DATE: 2/21/2022
                                                          FULL ANALYSIS
                                                    I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
         Mobile Home Park Recreation Districts
         Pursuant to s. 418.30, F.S., any municipality or county in the state is authorized to create one or more
         mobile home park recreation districts. Each district is limited to the boundaries of a mobile home park
         and must be established by an ordinance approved by a vote of the electors residing in the proposed
         district. The ordinance, as it may from time to time be amended by the governing body of the
         municipality or county and approved by a vote of the electors in the district, constitutes the charter of
         the district.
         The governing body of a recreation district must consist of a nine-member board of trustees.1 In the
         election held to elect the first board of trustees for the district, the candidates receiving the first, third,
         fifth, seventh, and ninth highest number of votes must be elected to serve for terms of two years each,
         and the candidates receiving the second, fourth, sixth, and eighth highest number of votes must be
         elected to serve for terms of one year each.2 Thereafter, elections for the board of trustees must be
         held annually on a date to be specified in the ordinance creating the district, and those persons elected
         after the initial election must be elected to serve for terms of two years each.3 A trustee may succeed
         herself or himself in office.4 Any vacancy on the board of trustees may be filled for the unexpired term
         by the appointment of a successor from among the qualified electors of the district by the remaining
         trustees.5
         Barefoot Bay Recreation District
         The Barefoot Bay Recreation District (District) is a mobile home park recreation district for the Barefoot
         Bay Mobile Home Subdivision created by Brevard County Ordinance 84-05.6 Residents of Barefoot Bay
         are empowered to acquire, by and through the trustees of the District, ownership of the recreation
         facilities and other common areas located within Barefoot Bay. 7
         Under a previously enacted special law, the Board of Trustees (Board) for the District consists of five
         members elected by the electors of the district instead of the nine as per the above-mentioned statute.8
         Each Board member must be a resident of the District and must be a qualified elector of the District.
         While the governing body of a mobile home park recreation district must be composed of nine
         members,9 the governing body of a general recreation district must be composed only of five
         members.10 In 1996, the Brevard County Board of County Commissioners modified the charter of the
         District to provide it had both the powers of a recreation district 11 and of a mobile home park recreation
         district.12
1 S. 418.302(1), F.S.
2
  S. 418.302(3), F.S.
3 Id.
4 Id.
5 Section 418.302(5), F.S.
6 Brevard Cnty. Ordinance 84-05 (Feb. 23, 1984).
7
  Brevard Cnty. Code of Ordinances, ch. 98, art. III, s. 98-71.
8 Brevard Cnty. Code of Ordinances, ch. 98, art. III, s. 98-75. See also ch. 2007-293, Laws of Fla. (authorizing the Brevard County
Board of County Commission to amend the District charter, subject to approval by District electors, to transition the Board f rom a nine-
member board to a five-member board).
9 S. 418.302(1), F.S.
10
   S. 418.21, F.S.
11 S. 418.22, F.S.
12 Brevard County Ordinance 96-53 (Nov. 26, 1996).
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           Members of the Board are limited to no more than three successive complete two-year terms.13
           Additionally, a member of the Board to whom the limitation applies may serve again no sooner than two
           years after the expiration of the member’s last successive complete term. However, this limitation does
           not apply to the portion of any unexpired term served by appointment to fill a vacant seat.
           Effect of Proposed Changes
           The bill provides an exemption from general law authorizing the Brevard County Board of County
           Commissioners to amend the Barefoot Bay Recreation District Charter to increase the length of District
           Board member terms from two years to three years, subject to approval of District electors voting in a
           referendum held during the 2022 general election. If the charter amendment is approved by the voters,
           the candidate receiving the highest number of votes during the November 2023 election would be
           elected to a three-year term, while the candidate receiving the second highest number of votes would
           be elected to a two-year term. At the November 2024 election, the two candidates receiving the highest
           number of votes would be elected to three-year terms, while the candidate receiving the third highest
           number of votes would be elected to a two-year term. All candidates elected to serve in subsequent
           elections would be elected to a three-year term.
           The bill also authorizes the Brevard County Board of County Commissioners to make conforming
           changes to provisions of the District’s charter providing for term limits. If the electors of the District
           approve the amendment to lengthen the terms of Board members, the Brevard County Board of County
           Commissioners may amend the charter to limit Board members to no more than three successive two-
           year terms or two successive three-year terms. This provision would supersede and replace section 1
           of ch. 2017-202, Laws of Florida, which authorizes the Brevard County Board of County
           Commissioners to establish term limits of no more than three successive two-year terms. Board
           members may not serve for more than six consecutive years. After the 2023 election, a candidate may
           not qualify to run for the Board if serving a three-year term would result in that member serving for more
           than six consecutive years. A Board member may not serve for at least three years after the expiration
           of the member’s last successive complete term. This limitation does not apply to the portion of any
           unexpired term served by appointment to fill a vacant seat. If the amendment to increase the length of
           Board member terms is not approved by the electors of the District, this provision does not take effect
           and section 1 of ch. 2017-202, Laws of Florida, remains in effect.
       B. SECTION DIRECTORY:
           Section 1:       Authorizes the Brevard County Board of County Commissioners to amend the charter of
                            the Barefoot Bay Recreation District to increase the length of District Board member
                            terms from two years to three years and provide for a staggered implementation of the
                            new term length, subject to approval by the electors of the District voting in a referendum
                            to be held during the 2022 general election.
           Section 2:       Provides that notwithstanding s. 418.302(3), F.S., or any other law to the contrary, and
                            conditioned on the approval of section 1 of the bill in a referendum to be held during the
                            2022 general election, members of the District Board are limited to three successive two-
                            year terms or two successive three-year terms but no more than six consecutive years.
           Section 3:       Provides an effective date of upon becoming a law.
                                  II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
       A. NOTICE PUBLISHED?            Yes [x]   No []
           IF YES, WHEN?            October 7, 2021.
13   Ch. 2017-202, Laws of Fla.
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       WHERE?                 Florida Today, a daily newspaper of general circulation published in Brevard
                              County, Florida.
   B. REFERENDUM(S) REQUIRED?              Yes []     No [x]
       IF YES, WHEN?
   C. LOCAL BILL CERTIFICATION FILED?               Yes [x]    No []
   D. ECONOMIC IMPACT STATEMENT FILED?                   Yes [x]       No []
                                                III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       None.
   B. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
       None.
STORAGE NAME: h0535e.SAC                                                                                  PAGE: 4
DATE: 2/21/2022