Item N17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4/15/2009 (Key West) Division! Dept.
County Attorney
Bulk Item: Yes ~ No
Staff Contact Person/phone #: Suzanne Hutton x3470
AGENDA ITEM WORDING: Presentment of petition requesting a referendum for the establishment
of a special neighborhood improvement district as provided in S. 163.511, FS & S. 9-1, MCC. No
action required.
ITEM BACKGROUND: On March 2, 2009, the County Attorney received a request for a
referendum for the formation of a special neighborhood improvement district for the Buccaneer Point
Neighborhood, Key Largo. Due to the SOE's interpretation that presentment to the BOCC requires
more than filing with the Clerk, although the petition process does not actually require BOeC action,
except perhaps for budgetary issues as to how the processing of petition. and referendum shall be
funded, the petition is provided to the BOCC for information.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
No action.
TOTAL COST:
Unknown
BUDGETED: Yes
No
Unknown
COST TO COUNTY: Unknown
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ----X- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
OK~'~ErY ~0~~~2E
{305) 294-4641
(' ~r'"-".-,
BOARD OF COUNTY COI\UJiISSWNERS
Mayor George Neugent, District 2
Mayor Pro Tern Sylvia J. Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Office of the County Attorney
1111 12'h Street, Suite 408
Key West, FL 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Govt. Law
March 11, 2009
Harry L. Sawyer
Supervisor of Elections
500 Whitehead St.
Key West, Fl. 33040
Via interoffice Courier
RE: Request for referendum (mail ballots) for Special Neighborhood Improvement District
Dear Mr. Sawyer:
Enclosed is a copy of a petition received requesting a referendum for the establishment of a special
neighborhood improvement district as provided in Section 163.511. I am also enclosing a copy of that statute
for your convenience. The original petition and signatures were delivered to the County Clerk, Danny
Kolhage, in the event that the enclosed copies are illegible. Unfortunately, in some cases, I cannot determine
the names of signers due to their handwriting and failure to print beside signature, but the addresses are legible.
The petition refers to Section 13-12, but the recodified County Code, effective March 1, 2009, now shows that
provision at Section 9-1, Safe Neighborhood Improvement District (see also F.S. 163.503-163.504).
Please prepare the appropriate list of names & last known addresses of the electors in the area defined as
Buccaneer Point Subdivision, Key Largo, Florida, and abutting Jean Lafitte Lane, Mutiny Place, North Bounty
Lane, and South Bounty Lane, as described in the petition, and take such other steps as are necessary to provide
the referendum.
If there is anything I can do to assist in this matter, please let me know.
rely, . ~
nne A. HU~ on ---
County Attorney
Enel.
Cc: Thomas Dillon
Danny L. Kolhage
Andrew Trivette
Susan Grimsley
Thomas ivI. Dil1on~ FA
Board Certified in Construction Law
P.o. Box 370736
Key Largo, Fforida 33037-0736
FI E Gt::!\ f~ ",
-IVr:.:!J
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MOf\!f10F 'f'
. C\){jNT'r "7-- -
,{ IORNf:.}
305-240-1767
Fax 305-853-2693
lawtmd@gmail.com
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February 27, 2009
Danny Kolhage
Monroe County Clerk
500 Whitehead Street
Key West, FL 33040
Re: Proposed Buccaneer Point Neighborhood Improvement District
Dear Mr. Kolhage,
Suzanne Hutton said that these documents should be sent to you with copies to Roman Gastesi and her.
Pursuant to Section 163.511 Florida Statutes and MCC Section 13-12, I am submitting original petitions for
the formation of the neighborbood improvement district. These petitions have been signed by more than
40% of the registered voters residing in the proposed district.
I am requesting that the County proceed with the election necessary to form the district.
Sincerely,
/'--
o {J!/l^-.
c: Suzanne Hutton
Roman Gastesi
---.........
,
PETITION TO FOHIVI THE ~
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DiSTRIer---------
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This petition is made for the purpose of calling a referendum to determine whether a spedal residential
neighborhood improvement district should be created. This petition is one of several petitions, all of
which may be considered as a single petition.
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area: aJf parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocks 2, 3, 4,5, and 6.
NAME PROPERTY ADDRESS
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Page 1 of3
PETITION TO FORM THE
BUCCANEER POI!\lT NEIGHBORHOOD IMPROVEMENT DISTRICT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created- This petition is one of several petitions, ?!I of
which may be considered as a single petition.
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rights-af-way within the Buccaneer Point .neighborhood.
Proposed Area: all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot I,
Lot 2, and Tract A; and all of Blocks 2, 3, 4,5, and 6.
NAME PROPERTY ADDRESS
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Page 2 of3
PETITION TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
DIAGRAM
Florida Bay
Florida Bay
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Page 3 of3
PETITION TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, a[1 of
which may be considered as a single petition.
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area: all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocks 2, 3,4,5, and 6,
NAME ;; '~-'.~ PROPERTY ADDRESS
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Page 1 of3
PU!T10N TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTR1CT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, all of
which may be considered as a single petition.
Purpose of Proposed District; to enhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area; all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocks 2, 3,4, 5, and 6.
NAME ' PROPERTY ADDRESS
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Page 2 of 3
PETITION TO FORM THE
BUCCf.\NEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
DIAGRAM
Florida Bay
Fforfda Bay
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Page 3 of3
PET1TION TO FORM THE
BUCCANEER POINT NE1GHBORHOOD IMPROVEMENT DISTRICT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, all of
which may be considered as a single petition.
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area: all parcels WIthin the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocks 2, 3, 4, 5, and 6.
NAME PROPERTY ADDRESS
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Page 1 of 3
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, a!l of
which may be considered as a single petition_
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rlg~ts-of-way within the Buccaneer Point neighborhood.
Proposed Area: all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Block 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Btocks 2, 3, 4, 5, and 6.
PETITION TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
NAME
PROPERTY ADDRESS
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Page 2 of3
PETITION TO FORM THE
BUCCANEER POINT NEiGHBORHOOD IMPROVEMENT DISTRICT
DIAGRAM
Florida Bay
Fiorida Bay
.~.
~
,
",
"....~..
Page 3 of3
PETITION TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, all of
which may be considered as a single petition.
Purpose of Proposed District: to e'nhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area: all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Blocl< 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocl<s 2, 3, 4, 5, and 6.
NAME PROPERTY ADDRESS
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Page 1 of3
PETITION TO FORM THE
BUCCANEER POINT NEIGHBORHOOD IMPROVEMENT DISTRICT
This petition is made for the purpose of calling a referendum to determine whether a special residential
neighborhood improvement district should be created. This petition is one of several petitions, all of
which may be considered as a single petition.
Purpose of Proposed District: to enhance the safety of the neighborhood by improving and maintaining
roads and rights-of-way within the Buccaneer Point neighborhood.
Proposed Area: all parcels within the Buccaneer Point Subdivision, Key Largo, Florida, abutting the
following streets: Jean Lafitte Lane, Mutiny Place, North Bounty Lane, and South Bounty Lane, shown on
the attached diagram, and more specifically described as:
Buccaneer Point Subdivision, Key Largo, Florida: a portion of Btock 1 consisting of Lot 1,
Lot 2, and Tract A; and all of Blocks 2, 3, 4,5, and 6.
NAME
PROPERTY ADDRESS
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Page Z of3
PETITION TO FORM THE
BUCCANEER P01NT NEIGHBORHOOD IMPROVEMENT DISTRICT
DIAGRAM
Florida Bay
Florida Bay
~
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/
Page 3 of 3
163.511 Special neighborhood improvement districts; creation; referendum; board of directors;
duration; 6)(tension.--
(1) After a local planning ordinance has been adopted authorizing the creation of special neighborhood
improvement districts1, 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 aQd implementation of
district improvements pursuant to the provisions of s. 163.514(16), including community
policing innovations.
(d) Specifies the boundaries, size, and name ofthe 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 ~l!bject 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 $.
163.5055.
(j) May authorize a special neighborhood improvement district to develop and implement
community policing innovations in consultation with the local law enforcement agency having
jurisdiction within the district boundaries.
1
See Monroe County Code S 13-12, which authorizes special districts under this statute as follows:
Sec_ 13-12. Safe neighborhood improvement districts_
(1) Authorized. Safe neighborhood improvement districts, as provided by the Safe Neighborhoods Act, may be
established within the county.
(2) Method of Establishment. The method of establishing such safe neighborhood improvement districts in the
county may be by any of the methods described in section 163.506, 163.508 or 163.511 of the Safe Neighborhoods
Act.
(Ord. No. 24-1990, 99 2, 3)
Editor's note: Ord. No. 24-1990, amended this Code by adding provisions designated by the editor as S 13-12.
State law references: Safe Neighborhoods Act, F.5. S 163.501 et seq.
Page 1 of 5
(2} A referendum to implement a special residential or business neighborhood improvement district
shall be held within 120 days after the occurrence of one of the following:
(a) The governing body of the municipality or county declares, by the enactment of a separate
ordinance pursuant to subsection (1), that there is a need for a special residential or business
neighborhood improvement district to function within a proposed area; or
(b ) 1\"p~titi9rFp9Hti3iniDg ,th~...~igrt~~dt~s.'~rf'.46".p~tt&rit::bf:itl1~'e!~9tqr~:..gta;.Pr9PQ~~cf..~'PeC:ia I
j"e$(cfeflii~t"rielghb;6thBbi:f1rhPj'-()(,~m'eciH'8igi::ri'2t:'aY~~ or 20 percent of the property owners of a
proposed special business neighborhood improvement district area i~:p'f~s~.n~t~~::iiili,th~'Cb'i.rilty
donjifii~5io.n'()(acounty, 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_ J~~:Ip~tl!ib:I).:~i1#IFi:.t~f~n-~!1iJt~::'P~~9815gg~;~i'eaandShall
:;~t;:~~t0~~r~~~~:;~~:.r~~~;:z~;~~t~~~::~:t:~.~~~~;~::i7~~j~w~~ri~~~:!~a~':~.id.entja I
(3) (a) The referendum to implement a special residential neighborhood improvement district
ordinance shall be held as prescribed in this subsection_
{$};\\M1t'Hf~,Lf5:-da{i~~ff~m:~h~':~~~~'::tB~igp~~r~rng~~Q~y~'of'tfj~,~~U9f'qi#a.'f(tY:'o'r:'lp~~FY, wh ich eve r is
appropriate, enacts an ordinance pursuant to subsection (1), ori{Pf~s~:QJgiJ;,[o/itn.:'a;petitr~n
p'l]'r~9~h.t~!~q'~p~t$gt~.Rh..:(~X(9j:~~;g;!B~~~::tff~"~Wb~~'B'~;~i@s'jbfJtH~~!tffB'Pbig~ti~(!$pr(jlt~Hrt~~tlf~T~tr1CtJ.q:te
~'~fiQ~.~"'ih#~9~iY:~~{~"~M:;:q.@;~'5~li~!;J.~~fQi$.~'rr::~fii~stt~0~,'~#!@~Y,~ITi-:t~t~eR~9Bt:!~~~l~~~:~~!:i.~;~[r~ifyi's,.~.~'~
q,~~{@'~:QJi'~:btR~tH!gn:~Q;~;fQ~m..R!l~~::l!:s,fi6.r;tffl~~'m~ffi~~:~:@rJ@~~!.:~qg~g~~~~,[~i~~:~f,;!i~€.~I.~Cto fS'jri
t8e;.prgpQ~*~/;~p~t:ial:'.'re~ige;Q~!~IJtjt~1~\i~'9tB'~;6a',:ift\'p-f9Y~m~n,~r:4!~rl~*~gt#:~H*u(J.~:1:iiqE~~e~gJst.e.r~d
yote~f~i':Qmith~.: Ro~.rtY~!~~i.ptr~~,~;tr~~..#.~:V,qf:,~h'~'~~'hiJjr;~:k~f.~~iffig;\~m~t;;i!~:'o/hiS,~~,~h~~d.rcjjnahce was
:~:~ri';~~~~;l~~1\!~~rJf~;~~:~~':st~1~!~~~~~~I~i~f:~~~~f:;;~:
(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)L 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:
Page 2 of 5
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 cferk 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 12.0-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 ofthe municipality
or county that approval has been given by a majority of the electors voting in the referendum.
(4) [special business neighborhood improvement districtsJ
(5)(a) The city clerk or the ~upervisor of ejections, 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 shaH 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 shari bear a certificate in
substantially the following form:
Note: Please Read Instructions CarefufJy Before Marking BarIot 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.
J swear or affirm that the elector signed this Voter's Certificate in my presence.
Page 3 of 5
(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 eJections 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 BALLO'r
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 tharr 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 yea rs of age or older affjxed to the Voter's
Certificate.
8. Mail, deliver, or have delivered the completed mailing envelope. Be sure
there is sufficient postage if mailed.
{7} 'r:@~\~~Sf6~~~;i~:q'~;::a'ff~Yr~:-;Qf'W:';~rIk,8f~-n:p~gRJ:J9rj;-q-~ ~,:j~f~rpg~ift~hFCij~tH9ttr~~~jI,2b~-..(;~n(liUc~edan d
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.
Page 4 of 5
The directors shall not receive any compensation for their services, nor may they be employed by the
district.
(8) Within 3o'.daY~6nf1~;~ppr.oy~!gt.tH~~r.~?ti8Bbfa.~p~~I.?I+h~,gB.~9h~P9.q.i,mpt.qy_~,~~htldjstrrct, if th e
district is in a municipality, a majority of the governing body of the municipality, or Ifit!i~diStr.iCtisji1the
uhI nco.t'pCl{ated . area 'i5(!the'-2,qq9W{-+~: ...lP~j9r,itM"9fthEfqd6ntY' 26 ri1 mIss'ibo,}sha,I'apppin't,th e.... thre e
;~~~iititl~~i~l~;I~f'!lii~!~iim~!r~~li!~i!(!~iit;~i:f~:
t~r.fuin'-th~;sam;~!m~ l"lti~t~_~'tH~i:irirti~I'l';l#p~q'nfP5,~fut~c~e.~~.!#~He.
(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 o~ 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 compel)sation 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 111 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.
Page 5 of5
Statutes & Constitution :View Statutes :->2008->Ch0163->Section 503 : flsenate.gov
Page 1 of 1
,<."1
SeIAd V"""'r.12008...!t~!
....... 1ili;:iR a -W''-'-',~,'o~'=
The 2008 Florida Statutes
Jitte-XI
COUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
163.503 Safe neighborhoods; definitions.--
C"hapterJ.QJ"
INTERGOVERNMENTAL
PROGRAMS
Yj?y1. !;nt.ir?
(hgpt:~r
(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 ~. 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.
Disclaimer; The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for officiat purposes. Copyright @ 2000-2006 State of Florida.
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Page 1 of 1
Select Year:
The :2008 Florida Statutes
Ime )CJ ~haQteL16:l
COUNTY ORGANIZATION AND INTERGOVERNl\1ENTAL
INTERGOVERNMENTAL RELATIONS PROGRAMS
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.
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History.--s. 4, ch. 91.86.
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consulted for official purposes. Copyright @ 2000-2006 State of Florida.
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Page 1 of 1
Select Year: 1200~ji
The 2008 Florida Statutes
I5t1~.2.~1 (::b~m.t~Lt~1
COUNTY ORGANIZATION AND INTERGOVERNMENTAL
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.504 Safe neighborhood improvement districts; planning funds.--
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(1) The governing body of any municipal1ty 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. lJ?.3..,5..o~,
lQL2Q~, lQ.3.511., and 16~5-L~ 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. lQ~.~1Q.,
History.--s. 58, ch. 87-243; s. 25, ch. 88-381; s. 5, ch. 91-86; s. 10, ch. 93~120.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright @ 2000-2006 State of Florida.
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,Statutes & Constitution :View Statutes >>2008->Ch0163->Section 511 : flsellate.gov
Page 1 of 6
SeEed Year: 1'2008 i&'f7f
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COUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
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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 td 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. :!.QJ...5Q~5.-,-.
(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
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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 districtsj 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.
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(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 councilor county commission no Later than 5 days after
said nO-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 (Z)(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 mall 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?
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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 dty 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 imprQvement 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 appropriatel 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 Si~naturel
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.
(Sionature of Witness)
(Address)
!Citv/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
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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 yyars 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.
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(i0) 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.
(i2) 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 1 O-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. }003-415.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ~ 2000-2006 State of Florida.
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