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.
