PROPOSED
PRIORITY BILL
COMMUNITY DEVELOPMENT
DISTRICTS
|
WHEREAS; The Florida Chapter 190 Law
that created the special taxing districts known as CDDs, Community Development
Districts, has loopholes that need to be amended; and,
WHEREAS; the Florida Chapter 190,
as written, currently allows a developer to become absolute ruler of a
Community Development District for decades, or in perpetuity, should the
developer so elect; and,
WHEREAS; the establishment of hundreds
of monarchies about the state was not the intent of the law; and,
WHEREAS; the amending of subsection
190.005, 006, 011, 014, 048, would serve to correct this situation by giving
homeowners their right of meaningful suffrage, after a reasonable time,
and the opportunity to control the manner in which their taxes and assessments
are being spent.
NOW, THEREFORE, BE IT RESOLVED, THAT:
the following changes, modifications, clarifications, and additions be
made to Chapter 190 Law:
190.005, In any family of CDDs
in which one of the CDDs can obligate or collect from residents of a related
CDD for taxes, assessments, debt, or fees, then the supervisors in that
CDD shall be appointed by the developer initially or for a term of two
(2) years and then be elected thereafter for three (3) years terms by a
popular vote of all homeowner residents living in all related CDDs in the
family of CDDs,
190.006, Any CDD District Administrator,
serving in his or her position for a total of at least twenty (20) months,
shall be subject to, on the next CDD supervisor election day, retention
or dismissal by a popular vote of all homeowner residents eligible to vote
in an election in the family of CDDs administered by the District Administrator
when a petition requesting the vote, with proper signatures of at least
five percent (5%) of all eligible homeowner resident voters in the family
of CDDs, is filed with the local board of election commissioners on or
before the deadline day for filing of candidate for any supervisor election
in any CDD in the family of CDDs. Dismissed persons will leave the
District Administrator position within two (2) months of the vote and will
be ineligible for reappointing to any management position in the family
of CDDs.
190.011, Any person or organization,
including for illustration purposes and without limitation, attorneys,
financiers, bankers, accountants, consultants, etc., be subject to all
state conflict of interest regulations in their dealings with CDDs, landowners,
developers, and any officials of local, county, or state governments, and
will not render services or advice (paid or unpaid) to any combination
of these on any given issue.
190.014, Whenever a CDD wishes
to purchase property or facilities in excess of $3 million in the aggregate,
within any one twelve (12) month period, and incur related debt to be paid
off by residents, it will first obtain approval of the homeowner residents
in the CDD or CDDs who will be obligated to repay the debt, for the facilities
purchase and for the related debt issue.
190.048, Whenever a CDD wishes
to purchase property or facilities in excess of $3 million in the aggregate,
within any one twelve (12) month period, it will obtain, before the purchase,
at least three appraisals of the property or facilities using the "comparable
properties" appraisal method performed by independent licensed property
appraiser and then pay no more than 25% above the average of the three
appraisals for the property or facilities in the purchase transaction.
Submitted by: Thomas Poss, Area 3 Chairman, Florida Silver-Haired
Legislature, Inc.
Sponsors: Russell Day, Chairman,
CDD # 1, The Villages
Joe Gorman, President, The Property Owners' Association of The Villages |