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An Information Guide to Duck Key in the Florida Keys


 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

Duck Key Security District

 

COUNTY ORDINANCE

The Duck Key Security District is governed under an Ordinance passed by the Monroe County Commissioners in 1992.

Many residents have thought that the Duck Key Security District was formed under Statute 163.506 which allows for establishment of Neighborhood Improvement Districts. A 506 district is the simpliest to form and does not require a vote of the community. The Monroe County Commissioners did however call for a vote of the community electors before establishing the district and the Ordinance indicates the District was formed under a different statute - Florida Statute Section 125.01 which covers the powers and duties of counties.

Attorney Frank Greenman has indicated that the Security District created for Duck Key is the product of the Monroe County Ordinance passed in 1992 and is not a Safe Neighborhood District. Link to Ordinance

 

NEIGHBORHOOD IMPROVEMENT DISTRICTS

The State of Florida allows for the establishment of Neighborhood Improvement Districts in its statutes.

The material below explains the three types of Neighborhood Improvement Districts sometimes referred to as SNIDs which may be organized in Florida.

One type may also be referred to as 506 district. This is short for Statute 163.506  - Local government neighborhood improvement districts

Another type is a 508 district which is described under Statute 163.508  - Property owners' association neighborhood improvement district

The third type can be referred to as a 511 district - under Statute 163.511  - Special neighborhood improvement districts

 

 


 

Title XI

COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163

INTERGOVERNMENTAL PROGRAMS

 

PART IV

 

NEIGHBORHOOD IMPROVEMENT DISTRICTS

 

163.501  Short title.

 163.502  Safe neighborhoods; legislative findings and purpose.

 163.503  Safe neighborhoods; definitions.

 163.5035  Safe neighborhood improvement districts; compliance with special district provisions.

 163.504  Safe neighborhood improvement districts; planning funds.

 163.5055  Registration of district establishment; notice of dissolution.

 163.506  Local government neighborhood improvement districts; creation; advisory council; dissolution.

 163.508  Property owners' association neighborhood improvement districts; creation; powers and duties; duration.

 163.511  Special neighborhood improvement districts; creation; referendum; board of directors; duration; extension.

 163.512  Community redevelopment neighborhood improvement districts; creation; advisory council; dissolution.

 163.513  Crime prevention through community policing innovations, environmental design, environmental security, and defensible space functions of neighborhood improvement districts.

 163.514  Powers of neighborhood improvement districts.

 163.5151  Fiscal management; budget preparation.

 163.516  Safe neighborhood improvement plans.

 163.517  Safe Neighborhoods Program.

 163.519  Duties of Department of Legal Affairs.

 163.521  Neighborhood improvement district inside enterprise zone; funding.

 163.5215  Effect.

 163.522  State redevelopment programs.

 163.523  Safe neighborhood districts; cooperation and involvement of community organizations.

 163.524  Neighborhood Preservation and Enhancement Program; participation; creation of Neighborhood Preservation and Enhancement Districts; creation of Neighborhood Councils and Neighborhood Enhancement Plans.

 163.526  Neighborhood Councils and local government designated agency; powers and duties.

 163.501  Short title.--This part may be cited as the "Safe Neighborhoods Act."

 History.--s. 55, ch. 87-243; s. 1, ch. 91-86.

 

163.502  Safe neighborhoods; legislative findings and purpose.--

 (1)  The Legislature hereby finds and declares that among the many causes of deterioration in the business and residential neighborhoods of the state are the following: proliferation of crime, automobile traffic flow strangled by outmoded street patterns, unsuitable topography, faulty lot layouts, fragmentation of land uses and parking areas necessitating frequent automobile movement, lack of separation of pedestrian areas from automobile traffic, lack of separation of vehicle traffic lanes and railroad traffic, and excessive noise levels from automobile traffic.

 (2)  The Legislature further finds and declares that safe neighborhoods are the product of planning and implementation of appropriate environmental design concepts, comprehensive crime prevention programs, land use recommendations, and beautification techniques.

 (3)  The Legislature further finds and declares that the provisions of this part and the powers granted to local governments, property owners' associations, special dependent districts, and community redevelopment neighborhood improvement districts are desirable to guide and accomplish the coordinated, balanced, and harmonious development of safe neighborhoods; to promote the health, safety, and general welfare of these areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve property values and preserve and foster the development of attractive neighborhood and business environments; to prevent overcrowding and congestion; to improve or redirect automobile traffic and provide pedestrian safety; to reduce crime rates and the opportunities for the commission of crime; and to provide improvements in neighborhoods so they are defensible against crime.

 (4)  It is the intent of the Legislature to assist local governments in implementing plans that employ crime prevention through community policing innovations, environmental design, environmental security, and defensible space techniques to establish safe neighborhoods. The Legislature, therefore, declares that the development, redevelopment, preservation, and revitalization of neighborhoods in this state, and all the purposes of this part, are public purposes for which public money may be borrowed, expended, loaned, and granted.

 History.--s. 56, ch. 87-243; s. 2, ch. 91-86; s. 11, ch. 98-314.

 

163.503  Safe neighborhoods; definitions.--

 (1)  "Safe neighborhood improvement district," "district," or "neighborhood improvement district" means a district located in an area in which more than 75 percent of the land is used for residential purposes, or in an area in which more than 75 percent of the land is used for commercial, office, business, or industrial purposes, excluding the land area used for public facilities, and where there is a plan to reduce crime through the implementation of crime prevention through environmental design, environmental security, or defensible space techniques, or through community policing innovations. Nothing in this section shall preclude the inclusion of public land in a neighborhood improvement district although the amount of land used for public facilities is excluded from the land use acreage calculations.

 (2)  "Association" means a property owners' association which is incorporated for the purpose of creating and operating a neighborhood improvement district.

 (3)  "Department" means the Department of Legal Affairs.

 (4)  "Board" means the board of directors of a neighborhood improvement district, which may be the governing body of a municipality or county or the officers of a property owners' association or the board of directors of a special neighborhood improvement district or community redevelopment neighborhood improvement district.

 (5)  "Environmental security" means an urban planning and design process which integrates crime prevention with neighborhood design and community development.

 (6)  "Crime prevention through environmental design" means the planned use of environmental design concepts such as natural access control, natural surveillance, and territorial reinforcement in a neighborhood or community setting which is designed to reduce criminal opportunity and foster positive social interaction among the legitimate users of that setting.

 (7)  "Defensible space" means an architectural perspective on crime prevention through physical design of the environment to create the ability to monitor and control the environment along individual perceived zones of territorial influence that result in a proprietary interest and a felt responsibility.

 (8)  "Enterprise zone" means an area designated pursuant to s. 290.0065.

 (9)  "Community policing innovation" means techniques or strategies as defined by s. 163.340.

 History.--s. 57, ch. 87-243; s. 24, ch. 88-381; s. 3, ch. 91-86; s. 61, ch. 94-136; s. 12, ch. 98-314.

 

163.5035  Safe neighborhood improvement districts; compliance with special district provisions.--Any special district created pursuant to this part shall comply with all applicable provisions contained in chapter 189. In cases where a provision contained in this part conflicts with a provision in chapter 189, the provision in chapter 189 shall prevail.

 

History.--s. 4, ch. 91-86.

 

163.504  Safe neighborhood improvement districts; planning funds.--

 (1)  The governing body of any municipality or county may authorize the formation of safe neighborhood improvement districts through the adoption of a planning ordinance which specifies that such districts may be created by one or more of the methods established in ss. 163.506, 163.508, 163.511, and 163.512. No district may overlap the jurisdictional boundaries of a municipality and the unincorporated area of a county, except by interlocal agreement.

 (2)  If the governing body of a municipality or county elects to create a safe neighborhood improvement district, it shall be eligible to request a grant from the Safe Neighborhoods Program, created pursuant to s. 163.517 and administered by the Department of Legal Affairs, to prepare a safe neighborhood improvement plan for the district.

 (3)  Municipalities and counties may implement the provisions of this section without planning funds from the Department of Legal Affairs. However, nothing in this section shall be construed to exempt any district from the requirements of providing a safe neighborhood improvement plan pursuant to s. 163.516.

 History.--s. 58, ch. 87-243; s. 25, ch. 88-381; s. 5, ch. 91-86; s. 10, ch. 93-120.

 

163.5055  Registration of district establishment; notice of dissolution.--

 (1)

(a)  Each neighborhood improvement district authorized and established under this part shall within 30 days thereof register with both the Department of Community Affairs and the Department of Legal Affairs by providing these departments with the district's name, location, size, and type, and such other information as the departments may require.

 (b)  Each local governing body which authorizes the dissolution of a district shall notify both the Department of Community Affairs and the Department of Legal Affairs within 30 days after the dissolution of the district.

 (2)  This section shall apply to all neighborhood improvement districts established on or after July 1, 1987.

 History.--s. 6, ch. 91-86.

 

163.506  Local government neighborhood improvement districts; creation; advisory council; dissolution.--

 (1)  After a local planning ordinance has been adopted authorizing the creation of local government neighborhood improvement districts, the local governing body of a municipality or county may create local government neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance:

 (a)  Specifies the boundaries, size, and name of the district.

 (b)  Authorizes the district to receive a planning grant from the department.

 (c)  Authorizes the local government neighborhood improvement district to levy an ad valorem tax on real and personal property of up to 2 mills annually.

 (d)  Authorizes the use of special assessments to support planning and implementation of district improvements pursuant to the provisions of s. 163.514(16), including community policing innovations.

 (e)  Designates the local governing body as the board of directors of the district.

 (f)  Establishes an advisory council to the board of directors comprised of property owners or residents of the district.

 (g)  May prohibit the use of any district power authorized by s. 163.514.

 (h)  Requires the district to notify the Department of Legal Affairs and the Department of Community Affairs in writing of its establishment within 30 days thereof pursuant to s. 163.5055.

 (2)  The advisory council shall perform such duties as may be prescribed by the governing body and shall submit within the time period specified by the governing body, acting as the board of directors, a report on the district's activities and a proposed budget to accomplish its objectives. In formulating a plan for services or improvements the advisory board shall consult in public session with the appropriate staff or consultants of the local governing body responsible for the district's plan.

 (3)  As an alternative to designating the local governing body as the board of directors, a majority of the local governing body of a city or county may appoint a board of three to seven directors for the district who shall be residents of the proposed area and who are subject to ad valorem taxation in the residential neighborhood improvement district or who are property owners in a commercial neighborhood improvement district. The directors shall be appointed for staggered terms of 3 years. The initial appointments shall be as follows: one director for a 1-year term; one director for a 2-year term; and one director for a 3-year term. If more than three directors are to be appointed, the additional members shall initially be appointed for 3-year terms. Vacancies shall be filled for the unexpired portion of a term in the same manner as the initial appointments were made. Each director shall hold office until his or her successor is appointed and qualified unless the director ceases to be qualified or is removed from office. Upon appointment and qualification and in January of each year, the directors shall organize by electing from their number a chair and a secretary.

 (4)  A district may be dissolved by the governing body by rescinding the ordinance creating the district. The governing body shall consider rescinding the ordinance if presented with a petition containing the signatures of 60 percent of the residents of a district.

 History.--s. 59, ch. 87-243; s. 26, ch. 88-381; s. 7, ch. 91-86; s. 907, ch. 95-147; s. 13, ch. 98-314.

 

163.508  Property owners' association neighborhood improvement districts; creation; powers and duties; duration.--

 (1)  After a local planning ordinance has been adopted authorizing the creation of property owners' association neighborhood improvement districts, the local governing body of a municipality or county may create property owners' association neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance:

 (a)  Establishes that an incorporated property owners' association representing 75 percent of all owners of property within a proposed district meeting the requirements of this section has petitioned the governing body of the municipality or county for creation of a district for the area encompassed by the property owned by members of the association.

 (b)  Specifies the boundaries, size, and name of the district.

 (c)  Authorizes the governing body through mutual agreement with the property owners' association to:

 1.  Request a matching grant from the state's Safe Neighborhoods Program to prepare the first year's safe neighborhood improvement plan. The provider of the local match for the state grant shall be mutually agreed upon between the governing body and the property owners' association. The governing body may agree to provide the match as a no-interest-bearing loan to be paid back from assessments imposed by the association on its members or shareholders.

 2.  Provide staff and other technical assistance to the property owners' association on a mutually agreed-upon basis, contractual or otherwise.

 3.  Prepare the first year's safe neighborhood improvement plan, which shall comply with and be consistent with the governing body's adopted comprehensive plan.

 (d)  Provides for an audit of the property owners' association.

 (e)  Designates the officers of the incorporated property owners' association as the board of directors of the district.

 (f)  May prohibit the use of any district power authorized by s. 163.514.

 (g)  Requires the district to notify the Department of Legal Affairs and the Department of Community Affairs in writing of its establishment within 30 days thereof pursuant to s. 163.5055.

 (2)  In order to qualify for the creation of a neighborhood improvement district, the property owners shall form an association in compliance with this section, or use an existing property owners' association in compliance with this section, which shall be a corporation, for profit or not for profit, and of which not less than 75 percent of all property owners within the proposed area have consented in writing to become members or shareholders. Upon such consent by 75 percent of the property owners in the proposed district, all consenting property owners and their successors shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, the covenants, the deed restrictions, the indentures, and any other properly promulgated restrictions. The association shall have no member or shareholder who is not a bona fide owner of property within the proposed district. Upon receipt of its certificate of incorporation, the property owners' association shall notify the clerk of the city or county court, whichever is appropriate, in writing, of such incorporation and shall list the names and addresses of the officers of the association.

 (3)  Any incorporated property owners' association operating pursuant to this part shall have the power:

 (a)  To negotiate with the governing body of a municipality or county for closing, privatizing, or modifying the rights-of-way, and appurtenances thereto, within the district.

 (b)  To utilize various legal instruments such as covenants, deed restrictions, and indentures to preserve and maintain the integrity of property, land, and rights-of-way owned and conveyed to it within the district.

 (c)  To make and collect assessments against all property within the boundaries of the district pursuant to the provisions of s. 163.514(16) and to lease, maintain, repair, and reconstruct any privatized street, land, or common area within the district upon dedication thereof to the association.

 (d)  Without the joinder of any property owner, to modify, move, or create any easement for ingress and egress or for the purpose of utilities, if such easement constitutes part of or crosses district property. However, this shall not authorize the association to modify or move any easement which is created in whole or in part for the use or benefit of anyone other than association members, or which crosses the property of anyone other than association members, without the consent or approval of such person as required by law or by the instrument creating the easement. Nothing in this paragraph shall affect the rights of ingress or egress of any member of the association.

 (4)  A property owners' association neighborhood improvement district shall continue in perpetuity as long as the property owners' association created pursuant to this section exists under the applicable laws of the state.

 History.--s. 60, ch. 87-243; s. 27, ch. 88-381; s. 8, ch. 91-86; s. 11, ch. 93-120.

 

163.511  Special neighborhood improvement districts; creation; referendum; board of directors; duration; extension.--

 (1)  After a local planning ordinance has been adopted authorizing the creation of special neighborhood improvement districts, the governing body of a municipality or county may declare the need for and create special residential or business neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance:

 (a)  Conditions the implementation of the ordinance on the approval of a referendum as provided in subsection (2).

 (b)  Authorizes the special neighborhood improvement district to levy an ad valorem tax on real and personal property of up to 2 mills annually.

 (c)  Authorizes the use of special assessments to support planning and implementation of district improvements pursuant to the provisions of s. 163.514(16), including community policing innovations.

 (d)  Specifies the boundaries, size, and name of the district.

 (e)  Authorizes the district to receive a planning grant from the department.

 (f)  Provides for the appointment of a 3-member board of directors for the district.

 (g)  May authorize a special neighborhood improvement district to exercise the power of eminent domain pursuant to chapters 73 and 74. Any property identified for eminent domain by the district shall be subject to the approval of the local governing body before eminent domain procedures are exercised.

 (h)  May prohibit the use of any district power authorized by s. 163.514.

 (i)  Requires the district to notify the Department of Legal Affairs and the Department of Community Affairs in writing of its establishment within 30 days thereof pursuant to s. 163.5055.

 (j)  May authorize a special neighborhood improvement district to develop and implement community policing innovations in consultation with the local law enforcement agency having jurisdiction within the district boundaries.

 (2)  A referendum to implement a special residential or business neighborhood improvement district shall be held within 120 days after the occurrence of one of the following:

 (a)  The governing body of the municipality or county declares, by the enactment of a separate ordinance pursuant to subsection (1), that there is a need for a special residential or business neighborhood improvement district to function within a proposed area; or

 (b)  A petition containing the signatures of 40 percent of the electors of a proposed special residential neighborhood improvement district area or 20 percent of the property owners of a proposed special business neighborhood improvement district area is presented to the county commission of a county, if the proposed area is located in the unincorporated area of the county, or to the governing body of a municipality, if the proposed area is located within the incorporated limits of the municipality. The petition shall define the proposed area and shall state that it is for the purpose of calling a referendum to determine whether a special residential or business neighborhood improvement district should be created in such proposed area.

 (3)

(a)  The referendum to implement a special residential neighborhood improvement district ordinance shall be held as prescribed in this subsection.

 (b)  Within 45 days from the date the governing body of the municipality or county, whichever is appropriate, enacts an ordinance pursuant to subsection (1), or is presented with a petition pursuant to paragraph (2)(b), so that the boundaries of the proposed improvement district are defined, the city clerk or the supervisor of elections, whichever is appropriate, shall certify such ordinance or petition and compile a list of the names and last known addresses of the electors in the proposed special residential neighborhood improvement district from the list of registered voters of the county as of the last day of the month preceding that in which the ordinance was enacted or the petition was presented, and the same shall constitute the registration list for the purposes of the referendum required under this subsection, except as otherwise provided in this subsection.

 (c)  Within 45 days from compilation of the voter registration list pursuant to paragraph (b), the city clerk or the supervisor of elections shall notify each such elector of the general provisions of this section, including the taxing authority and the date of the upcoming referendum. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located.

 (d)  Any resident of the district whose name does not appear on the list compiled pursuant to paragraph (b) may register to vote as provided by law. The registration list shall remain open for 75 days after enactment of the ordinance defining the special neighborhood improvement district or after presentation of the petition calling for creation of the district.

 (e)

1.  Within 15 days after the closing of registration, the city clerk or the supervisor of elections shall send a ballot to each elector at his or her last known mailing address by first-class United States mail. The ballot shall include:
 a.  A description of the general provisions of this section applicable to special residential neighborhood improvement districts; and

 b.  Immediately following said information, the following:

 

 "Do you favor the creation of the _______________ Special Residential Neighborhood Improvement District and approve the levy of up to 2 mills of ad valorem taxes by such proposed district?

_____Yes, for the Special Residential Neighborhood Improvement District.

_____No, against the Special Residential Neighborhood Improvement District."

 

2.  Ballots shall be returned by United States mail, or by personal delivery.

 (f)  All ballots received within 120 days after enactment of the ordinance or presentation of the petition defining the district shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city council or county commission no later than 5 days after said 120-day period.

 (g)  The electors shall be deemed to have approved of the provisions of this section at such time as the city clerk or the supervisor of elections certifies to the governing body of the municipality or county that approval has been given by a majority of the electors voting in the referendum.

 (4)

(a)  The referendum to implement a special business neighborhood improvement district ordinance shall be held as prescribed in this subsection.

 (b)  Within 45 days from the date the governing body of the municipality or county, whichever is appropriate, enacts an ordinance pursuant to subsection (1), or is presented with a petition pursuant to paragraph (2)(b), so that the boundaries of the proposed improvement district are defined, the city clerk or the supervisor of elections, whichever is appropriate, shall certify such ordinance or petition and compile a list of the names and last known addresses of the freeholders in the proposed special business neighborhood improvement district from the tax assessment roll of the county applicable as of the thirty-first day of December in the year preceding the year in which the ordinance was enacted or the petition was presented, and the same shall constitute the registration list for the purposes of the freeholders' referendum required under this subsection, except as otherwise provided in this subsection.

 (c)  Within 45 days from compilation of the freeholders' registration list pursuant to paragraph (b), the city clerk or the supervisor of elections shall notify each such freeholder of the general provisions of this section, including the taxing authority and the date of the upcoming referendum, and the method provided for submitting corrections to the registration list should the status of the freeholder have changed since the compilation of the tax rolls. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located.

 (d)  Any freeholder whose name does not appear on the tax rolls compiled pursuant to paragraph (b) may register to vote with the city clerk or the supervisor of elections. The registration list shall remain open for 75 days after enactment of the ordinance defining the special business neighborhood improvement district or after presentation of the petition calling for creation of the district.

 (e)

1.  Within 15 days after the closing of the registration list, the city clerk or the supervisor of elections shall send a ballot to each registered freeholder at his or her last known mailing address by first-class United States mail. The ballot shall include:
 a.  A description of the general provisions of this section applicable to special business neighborhood improvement districts;

 b.  The assessed value of the freeholder's property;

 c.  The percent of the freeholder's interest in such property; and

 d.  Immediately following said information, the following:

"Do you favor the creation of the _______________ Special Business Neighborhood Improvement District and approve the levy of up to 2 mills of ad valorem taxes by such proposed district?

_____Yes, for the Special Business Neighborhood Improvement District.

_____No, against the Special Business Neighborhood Improvement District."

 

2.  Ballots shall be returned by United States mail or by personal delivery.

 (f)  All ballots received within 120 days after enactment of the ordinance or presentation of the petition defining the district shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city council or county commission no later than 5 days after said 120-day period.

 (g)  The freeholders shall be deemed to have approved of the provisions of this section at such time as the city clerk or the supervisor of elections certifies to the governing body of the municipality or county that approval has been given by freeholders representing in excess of 50 percent of the assessed value of the property within the special business neighborhood improvement district.

 (5)

(a)  The city clerk or the supervisor of elections, whichever is appropriate, shall enclose with each ballot sent pursuant to this section two envelopes: a secrecy envelope, into which the elector or freeholder shall enclose the marked ballot; and a mailing envelope, into which the elector or freeholder shall then place the secrecy envelope, which shall be addressed to the city clerk or the supervisor of elections. The back side of the mailing envelope shall bear a certificate in substantially the following form:

Note: Please Read Instructions Carefully Before

Marking Ballot and Completing Voter's Certificate.

 

VOTER'S CERTIFICATE

I, _____, am a duly qualified and registered  (voter or freeholder, whichever is appropriate)  of the proposed  (name)   (Special Residential or Business, whichever is appropriate)  Neighborhood Improvement District; and I am entitled to vote this ballot. I do solemnly swear or affirm that I have not and will not vote more than one ballot in this election. I understand that failure to sign this certificate and have my signature witnessed will invalidate my ballot.

 (Voter's Signature) 

 

Note: Your Signature Must Be Witnessed By One Witness 18 Years of Age or Older as provided in the Instruction Sheet.

I swear or affirm that the elector signed this Voter's Certificate in my presence.

 (Signature of Witness) 

 (Address) 

 (City/State) 

 

(b)  The certificate shall be arranged on the back of the mailing envelope so that the lines for the signatures of the elector or freeholder and the attesting witness are across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the elector, freeholder, or witness must cross the seal of the envelope. The elector or freeholder and the attesting witness shall execute the certificate on the envelope.

 (6)  The city clerk or the supervisor of elections shall enclose with each ballot sent to an elector or freeholder pursuant to this section separate printed instructions in substantially the following form:

 

READ THESE INSTRUCTIONS CAREFULLY

BEFORE MARKING BALLOT.

1.  VERY IMPORTANT. In order to ensure that your ballot will be counted, it should be completed and returned as soon as possible so that it can reach the city clerk or the supervisor of elections no later than 7 p.m. on the (final day of the 120-day period given here).

 2.  Mark your ballot in secret as instructed on the ballot.

 3.  Place your marked ballot in the enclosed secrecy envelope.

 4.  Insert the secrecy envelope into the enclosed mailing envelope, which is addressed to the city clerk or the supervisor of elections.

 5.  Seal the mailing envelope and completely fill out the Voter's Certificate on the back of the mailing envelope.

 6.  VERY IMPORTANT. Sign your name on the line provided for "(Voter's Signature)."

 7.  VERY IMPORTANT. In order for your ballot to be counted, it must include the signature and address of a witness 18 years of age or older affixed to the Voter's Certificate.

 8.  Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed.

 (7)  The business and affairs of a special neighborhood improvement district shall be conducted and administered by a board of three directors who shall be residents of the proposed area and who are subject to ad valorem taxation in the district. Upon their appointment and qualification and in January of each year, the directors shall organize by electing from their number a chair and a secretary, and may also employ staff and legal representatives as deemed appropriate, who shall serve at the pleasure of the board and may receive such compensation as shall be fixed by the board. The secretary shall keep a record of the proceedings of the district and shall be custodian of all books and records of the district. The directors shall not receive any compensation for their services, nor may they be employed by the district.

 (8)  Within 30 days of the approval of the creation of a special neighborhood improvement district, if the district is in a municipality, a majority of the governing body of the municipality, or if the district is in the unincorporated area of the county, a majority of the county commission, shall appoint the three directors provided for herein for staggered terms of 3 years. The initial appointments shall be as follows: one for a 1-year term, one for a 2-year term, and one for a 3-year term. Each director shall hold office until his or her successor is appointed and qualified unless the director ceases to be qualified to act as a director or is removed from office. Vacancies on the board shall be filled for the unexpired portion of a term in the same manner as the initial appointments were made.

 (9)  Reappointment of the directors shall be accomplished in the same manner as the original appointments by the governing body of the municipality or county 2 months prior to the reappointment date.

 (10)  The governing body of a municipality or county may remove a director for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsel. A vacancy so created shall be filled as provided herein.

 (11)  The district may employ a manager, who shall be a person of recognized ability and experience, to serve at the pleasure of the district. The manager may employ such employees as may be necessary for the proper administration of the duties and functions of the district. However, the district shall approve such positions and fix compensation for such employees. The district may contract for the services of attorneys, engineers, consultants, and agents for any lawful purpose of the district.

 (12)  The directors shall be subject to the code of ethics for public officers and employees as set forth in part III of chapter 112 and to the requirements of the public records law and public meetings law in chapters 119 and 286, respectively.

 (13)  Any special neighborhood improvement district created pursuant to this part shall cease to exist at the end of the tenth fiscal year of operation. Such a district may continue in operation for subsequent 10-year periods if the continuation of the district is approved at a referendum conducted pursuant to this part. Said referendum shall be held upon one of the occurrences specified in subsection (2). Should the district cease to exist, all property owned by the district shall become property of the municipality or county in which the district is located.

 (14)  In the event the district is dissolved, the property owners in the district shall make alternate arrangements acceptable to the debtholders and local governments pertaining to payment of debts.

 History.--s. 61, ch. 87-243; s. 28, ch. 88-381; s. 9, ch. 91-86; s. 908, ch. 95-147; s. 10, ch. 96-57; s. 14, ch. 98-314; s. 29, ch. 2003-415.

 

163.512  Community redevelopment neighborhood improvement districts; creation; advisory council; dissolution.--

 (1)  Upon the recommendation of the community redevelopment agency and after a local planning ordinance has been adopted authorizing the creation of community redevelopment neighborhood improvement districts, the local governing body of a municipality or county may create community redevelopment neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance:

 (a)  Specifies the boundaries, size, and name of the district.

 (b)  Authorizes the district to receive a planning grant from the department.

 (c)  Authorizes the use of the community redevelopment trust fund created pursuant to s. 163.387 for the purposes of implementing the safe neighborhood improvement plan and furthering crime prevention through community policing innovations, environmental design, environmental security, and defensible space techniques, if expenditures from the community redevelopment trust fund are consistent with the community redevelopment plan created pursuant to s. 163.360.

 (d)  Designates the community redevelopment board of commissioners established pursuant to s. 163.356 or s. 163.357 as the board of directors for the district.

 (e)  Establishes an advisory council to the board of directors comprised of property owners or residents of the district.

 (f)  May prohibit the use of any district power authorized by s. 163.514.

 (g)  Requires that the safe neighborhood improvement plan be consistent with the community redevelopment plan created pursuant to s. 163.360, and permits the safe neighborhood improvement plan to be included in the community redevelopment plan as an optional element.

 (h)  Requires that the boundaries of the community redevelopment district be contained in whole within the community redevelopment area established pursuant to ss. 163.355 and 163.356.

 (i)  Requires the district to notify the Department of Legal Affairs and the Department of Community Affairs in writing of its establishment within 30 days thereof pursuant to s. 163.5055.

 

(2)  The advisory council shall perform such duties as may be prescribed by the community redevelopment board established pursuant to s. 163.356 and shall submit within the time period specified by the board of directors a report on the district's activities and a proposed budget to accomplish its objectives. In formulating a plan for services or improvements, the advisory council shall consult in public session with the appropriate staff or consultants of the community redevelopment board responsible for the district's plan.

 (3)  A district may be dissolved by the local governing body by rescinding the ordinance creating the district. The governing body shall consider rescinding the ordinance if presented with a petition containing the signatures of 60 percent of the residents of a district.

 

History.--s. 10, ch. 91-86; s. 15, ch. 98-314.

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