MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT

BROWARD COUNTY Regular Board Meeting & Public Hearing
JULY 20, 2022
9:30 A.M.

Special District Services, Inc. 8785 SW 165 Avenue, Suite 200
Miami, FL 33193

www.meadowpinescdd.org 786.347.2700 ext. 2027 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT
Cobblestone Clubhouse 14701 SW 10th Street Pembroke Pines, FL 33027
REGULAR BOARD MEETING & PUBLIC HEARING
July 20, 2022
9:30 a.m.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
April 21, 2022 Regular Board Meeting…	Page 2
Public Hearing
Proof of Publication…	Page 5
Receive Public Comments on Fiscal Year 2022/2023 Final Budget
Consider Resolution No. 2022-02 – Adopting a Fiscal Year 2022/2023 Proposed Budget…	Page 6
Old Business
Staff Report, as Required
New Business
Consider Resolution No. 2022-03 – Adopting a Fiscal Year 2022/2023 Meeting Schedule…	Page 13
Discussion Regarding South Florida Water Management District (SFWD) Compliance
2022 Legislative Session Update Memo.	Page 15
Administrative Matters
Staff Report, as Required
Board Members Comments
Adjourn

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Page 1

MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
APRIL 21, 2022

CALL TO ORDER

District Manager Nancy Nguyen called the April 21, 2022, Regular Board Meeting of the Meadow Pines Community Development District (the “District”) to order at 10:16 a.m. in the Cobblestone Clubhouse located at 14701 SW 10th Street, Pembroke Pines, Florida 33027.

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Regular Board Meeting had been published in the Broward Daily Business Review on October 11, 2021, as part of the District’s Fiscal Year 2021/2022 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Ms. Nguyen determined that the attendance of Chairman Douglas Harrison, Vice Chairman Leon Brown and Supervisor Jennifer Marmanillo constituted a quorum and it was in order to proceed with the meeting.

Also in attendance were: District Manager Nancy Nguyen of Special District Services, Inc.; General Counsel Gregory George of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
September 16, 2021, Regular Board Meeting

Ms. Nguyen presented the minutes of the September 16, 2021, Regular Board Meeting and asked if there were any corrections and/or revisions. There being none, a motion was made by Mr. Harrison, seconded by Ms. Marmanillo and passed unanimously approving the minutes of the September 16, 2021, Regular Board Meeting, as presented.

OLD BUSINESS
Update Regarding South Broward Drainage District (SBDD) 5-Year Re-Certification (Phase 2)

Ms. Nguyen advised that the District had passed all inspections of the surface water management system and had received the Operation and Maintenance Permit from SBDD. Ms. Nguyen further noted that the permit expires on March 18, 2027.

NEW BUSINESS
Consider Resolution No. 2022-01 – Adopting a Fiscal Year 2022/2023 Proposed Budget

Ms. Nguyen presented Resolution No. 2022-01, entitled:

RESOLUTION NO. 2022-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET AND NON-AD VALOREM SPECIAL ASSESSMENTS FOR FISCAL YEAR 2022/2023; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen explained that the South Broward Drainage District (SBDD) 5-year re-certification had caused the District to deplete a lot of the reserve funds. Ms. Nguyen further explained that from fiscal year 2014/2015 through fiscal year 2020/2021, the District had decreased assessments by approximately
$80. The projected increases for fiscal year 2022/2023 are $60 per unit. Ms. Nguyen advised that since the overall proposed assessments are increasing in the fiscal year 2022/2023, letters to the residents will be required. Furthermore, Ms. Nguyen stated as part of Resolution No. 2022-01, the Board must set a date for the public hearing to adopt the fiscal year 2022/2023 final budget and assessment roll. A discussion ensued, after which:

A motion was made by Mr. Harrison, seconded by Mr. Brown and unanimously passed approving and adopting Resolution No. 2022-01, as presented, setting the public hearing to adopt the fiscal year 2022/2023 final budget and assessments for July 20, 2022, at 9:30 a.m. in the Cobblestone Clubhouse Meeting Room located at 14701 SW 10th Street, Pembroke Pines, Florida 33027; and further authorizes publication/notice of the budget public hearing, as required by law.

ADMINISTRATIVE MATTERS
Announcement of Qualifying Period: Noon, June 13, 2022 – Noon, June 17, 2022

Ms. Nguyen advised that the 4-year terms of office for Seat #1 (Douglas Harrison) and Seat #3 (Leon Brown) were expiring in November 2022. The qualifying period for election and/or re-election has been set for Noon, June 13, 2022 through Noon, June 17, 2022. Those candidates interested in running for election can submit their qualifying documents in person to the Broward County Supervisor of Elections’ Office located at 115 S. Andrews Avenue, Fort Lauderdale, Florida 33301 (no earlier than fourteen days prior to commencement of the qualifying period). More information on election qualifying will be provided to those interested prior to the qualifying dates. The new terms of office would be a 4-year term through Election Day in November 2026.

Statement of Financial Interest/Disclosure 2021 Form 1 – Filing Deadline: July 1, 2022

Board Members were reminded of the importance of completing and mailing to the Supervisor of Elections within the County of residency their individual 2021 Statement of Financial Interests Form 1. The deadline for submittal is July 1, 2022.

BOARD MEMBER COMMENTS

There were no Board Member comments at this time.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Brown, seconded by Ms. Marmanillo and unanimously passed adjourning the Regular Board Meeting at 10:40 a.m.

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

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RESOLUTION NO. 2022-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2022/2023 FINAL BUDGET INCLUDING NON-AD VALOREM SPECIAL ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Meadow Pines Community Development District (“District”) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2022/2023 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and

WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non-ad valorem assessments upon the properties within the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1. The Final Budget and Final Special Assessment Roll for Fiscal Year 2022/2023 attached hereto as Exhibit “A” is approved and adopted, and the assessments set forth therein shall be levied.

Section 2.  The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.

PASSED, ADOPTED and EFFECTIVE this 20th day of July, 2022.

ATTEST:	MEADOW PINES
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Meadow Pines Community Development District

Final Budget For Fiscal Year 2022/2023
October 1, 2022 - September 30, 2023

CONTENTS

FINAL BUDGET

DETAILED FINAL BUDGET

DETAILED FINAL DEBT SERVICE FUND BUDGET

ASSESSMENT COMPARISON

FINAL BUDGET
MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2022/2023 BUDGET	
O&M Assessments	96,348	
Debt Assessments	690,183	
Other Revenue	200	
,nterest ,ncome	240	
		
TOTAL REVENUES	$	786,971	
		
EXPENDITURES		
Supervisor Fees	2,400	
Payroll Taxes	200	
(ngineering	5,000	
Management	14,832	
/egal	8,000	
Assessment Roll	6,000	
Audit Fees	3,400	
Arbitrage Rebate Fee	600	
,nsurance	6,700	
/egal Advertisements	700	
Miscellaneous	800	
Postage	150	
Office Supplies	0	
Dues & Subscriptions	175	
Trustee Fees	6,820	
Continuing Disclosure Fee	1,000	
Website Management	2,000	
Stormwater Management	22,230	
Perimeter Fence Repairs	3,000	
Miscellaneous Maintenance	3,000	
Reserve	4,000	
TOTAL EXPENDITURES	$	91,007	
		
REVENUES LESS EXPENDITURES	$	69 ,96 	
		
%ond Payments	(648,772)	
		
BALANCE	$	 7,192	
		
County Appraiser & Tax Collector Fee	(15,731)	
Discounts For (arly Payments	(31,461)	
		
EXCESS/ S+ORTFALL 	$	-	
		
Carryover From Prior Year	0	

NET EXCESS / S+ORTFALL 	
$	-	

DETAILED FINAL BUDGET
MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2020/2021 ACTUAL	
FISCAL YEAR 2021/2022 BUDGET	
FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	
O&M Assessments	50,759	49,910	96,348	Expenditures Less nterest, Other Revenues & Carryover/.94	
Debt Assessments	695,356	691,982	690,183	Bond Payments/.94	
Other Revenue	175	175	200	Pollution nsurance Reimbursement	
 nterest ncome	299	240	240	ProMected At $20 Per Month	
					
TOTAL REVENUES	$	746,589	$	742,307	$	786,971		
					
EXPENDITURES					
Supervisor Fees	800	2,400	2,400	No Change From 2021/2022 Budget	
Payroll Taxes	61	200	200	ProMected At 8 Percent Of Supervisor Fees	
Engineering	0	3,000	5,000	$2,000 ncrease From 2021/2022 Budget	
Management	14,208	14,400	14,832	CP AdMustment (Capped At 3 )	
Legal	6,389	8,000	8,000	No Change From 2021/2022 Budget	
Assessment Roll	6,000	6,000	6,000	As Per Contract	
Audit Fees	3,200	3,300	3,400	Accepted Amount For 2021/2022 Audit	
Arbitrage Rebate Fee	600	600	600	No Change From 2021/2022 Budget	
 nsurance	5,688	6,300	6,700	 nsurance Estimate	
Legal Advertisements	578	700	700	No Change From 2021/2022 Budget	
Miscellaneous	682	800	800	No Change From 2021/2022 Budget	
Postage	142	150	150	No Change From 2021/2022 Budget	
Office Supplies	122	500	0	$50 Decrease From 2021/2022 Budget	
Dues & Subscriptions	175	175	175	No Change From 2021/2022 Budget	
Trustee Fees	6,815	6,820	6,820	No Change From 2021/2022 Budget	
Continuing Disclosure Fee	1,000	1,000	1,000	No Change From 2021/2022 Budget	
Website Management	2,000	2,000	2,000	No Change From 2021/2022 Budget	
Stormwater Management	11,310	0	22,230	Stormwater Management	
Perimeter Fence Repairs	0	0	3,000	Perimeter Fence Cleaning & Repairs	
Miscellaneous Maintenance	1,490	0	3,000	Drainage Structures & Catch Basin Maintenance	
Reserve	0	1,985	4,000	Reserve	
TOTAL EXPENDITURES	$	61,260	$	58,330	$	91,007		
					
REVENUES LESS EXPENDITURES	$	685,329	$	683,977	$	695,964		
					
Bond Payments	(655,513)	(650,463)	(648,772)	2023 P & Payments Less Earned nterest	
					
BALANCE	$	29,816	$	33,514	$	47,192		
					
County Appraiser & Tax Collector Fee	(15,934)	(14,838)	(15,731)	Two Percent Of Total Assessment Roll	
Discounts For Early Payments	(26,786)	(29,676)	(31,461)	Four Percent Of Total Assessment Roll	
					
EXCESS/ (SHORTFALL)	$	(12,904)	$	(11,000)	$	-		
					
Carryover From Prior Year	0	11,000	0	Carryover From Prior Year	

NET EXCESS / (SHORTFALL)	
$	(12,904)	
$	-	
$	-		

DETAILED FINAL DEBT SERVICE BUDGET
MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2020/2021 ACTUAL	FISCAL YEAR 2021/2022 BUDGET	FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	

 nterest ncome	
40	
25	
25	
ProMected nterest For 2022/2023	

NA9 Tax Collection	
655,513	
650,463	
648,772	
Maximum Debt Service Collection	

Prepaid Bond Collection	
16,283	
0	
0	
Prepaid Bond Collection	

Total Revenues	
$	671,836	
$	650,488	
$	648,797		

EXPENDITURES					

Principal Payments (2014A-1)	
295,000	
305,000	
315,000	
Principal Payment Due n 2023	

Principal Payments (2014A-B)	
55,000	
55,000	
60,000	
Principal Payment Due n 2023	

Bond Redemption	
0	
7,293	
6,103	
Estimated Excess Debt Collections	

 nterest Payments (2014A-1)	
237,085	
221,489	
209,294	
 nterest Payments Due n 2023	

 nterest Payments (2014A-B)	
66,450	
61,706	
58,400	
 nterest Payments Due n 2023	

TOTAL EXPENDITURES	
$	653,535	
$	650,488	
$	648,797		

EXCESS/ (SHORTFALL)	
$	18,301	
$	-	
$	-		

Series 2014A-1 Bond Refunding Information	
Original Par Amount =	$7,125,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	1.05% - 4.625%
May 2014
May 2034	Annual nterest Payments Due =	May 1st & November 1st	
Par Amount As Of 1/1/22 =	$5,185,000			

Series 2014A-2 Bond Refunding Information	
Original Par Amount =	$1,385,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	5.75% - 6.00%
May 2014
May 2034	Annual nterest Payments Due =	May 1st & November 1st	
Par Amount As Of 1/1/22=	$1,065,000			

Meadow Pines Community Development District Assessment Comparison

Fiscal Year 2018/2019
Assessment
Before Discount*	Fiscal Year 2019/2020
Assessment
Before Discount*	Fiscal Year 2020/2021
Assessment
Before Discount*	Fiscal Year 2021/2022
Assessment
Before Discount*	Fiscal Year 2022/2023
Projected Assessment
Before Discount*	

O&M Assessment For Phase 1	
$	
64.49	
$	
64.49	
$	
64.49	
$	
64.49	
$	
124 49	
Debt Assessment For Phase 1	$	834.02	$	834.02	$	834.02	$	834.02	$	834 02	
Total For Phase 1	$	898 51	$	898 51	$	898 51	$	898 51	$	958 51	

O&M Assessment For Phase 2	
$	64.49	
$	64.49	
$	64.49	
$	64.49	
$	124 49	
Debt Assessment For Phase 2	$	964.50	$	964.50	$	964.50	$	964.50	$	964 50	
Total For Phase 2	$	1,028 99	$	1,028 99	$	1,028 99	$	1,028 99	$	1,088 99	

* Assessments nclude the Following 			Phase 1 nformation		
4% Discount for Early Payments			Total Units	418	
1% County Tax Collector Fee			Prepayments	1	
1% County Property Appraiser Fee			Billed For Debt	417	
Community nformation 			
Phase 2 nformation		
Phase One	418		
Total Units	
356	
Phase Two	356		Prepayments	1	
Total Units	774		Billed For Debt	355	

RESOLUTION NO. 2022-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2022/2023 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is necessary for the Meadow Pines Community Development District ("District") to establish a regular meeting schedule for fiscal year 2022/2023; and

WHEREAS, the Board of Supervisors (the “Board”) of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2022/2023 which is attached hereto and made a part hereof as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT, BROWARD COUNTY, FLORIDA, AS FOLLOWS:

Section 1.   The above recitals are hereby adopted by the Board.

Section 2.  The regular meeting schedule, time and location for meetings for fiscal year 2022/2023 which is attached hereto as Exhibit “A” is hereby adopted and authorized to be published.

PASSED, ADOPTED and EFFECTIVE this 20th day of July, 2022.

ATTEST:	MEADOW PINES
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023 REGULAR MEETING SCHEDULE

NOTICE IS HEREBY GIVEN that the Board of Supervisors (the “Board”) of the Meadow Pines Community Development District (the “District”) will hold Regular Meetings for Fiscal Year 2022/2023 at 9:30 a.m. at the Cobblestone Clubhouse located at 14701 SW 10th Street, Pembroke Pines, Florida 33027, on the following dates:

October 20, 2022
November 17, 2022
February 16, 2023
April 20, 2023
June 15, 2023
August 17, 2023
September 21, 2023

The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of agendas for any of the meetings may be obtained from the District’s website or by contacting the District Manager at nnguyen@sdsinc.org and/or toll-free at 1-877-737-4922 five (5) days prior to the date of the particular meeting.

From time to time one or more Board members may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Board members may be fully informed of the discussions taking place. Meetings may be continued as found necessary to a time and place specified on the record.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.

In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at nnguyen@sdsinc.org and/or toll free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.

Meetings may be cancelled from time to time without advertised notice.

MEADOW PINES COMMUNITY DEVELOPMENT DISTRICT

www.meadowpinescdd.org

PUBLISH: BROWARD DAILY BUSINESS REVIEW	10/11/22

MEMORANDUM

TO:	District Manager

FROM:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A. District Counsel

DATE:	July 7, 2022

RE:	2022 Legislative Update

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. It is at this time of year that we summarize those legislative acts that have become law during the most recent legislative session, as follows:

Chapter 2022 – 220, Laws of Florida (HB 7055). The legislation prohibits state agencies and local governments from paying or otherwise complying with a ransomware incident and establishes penalties and fines for certain ransomware offenses against a government entity1. The law provides that a ransomware offense is punishable as a first degree felony. The legislation further provides that an employee or contractor of a government entity, with access to the government entity’s network, who willfully and knowingly aids or abets another in the commission of a ransomware offense against the government entity commits a felony of the first degree. The law defines the severity level of a cybersecurity incident in accordance with the National Cyber Incident Response Plan. State agencies and local governments must report all ransomware incidents and high severity level cybersecurity incidents to the Cybersecurity Operations Center and the Cybercrime Office within the Florida Department of Law Enforcement as soon as possible, but no later than 12 hours after the discovery of the incident. Local Governments must also report the incident to the local sheriff’s office. The legislation requires state agency and local government employees to undergo certain cybersecurity training within 30 days of employment and annually thereafter. The law requires local governments to adopt cybersecurity standards that safeguard the local government’s data, information technology (IT), and IT resources. Counties with a population less than 75,000 and municipalities with a population less than 25,000 must adopt the standards by January 1, 2025. The legislation expands the purpose of the Cybersecurity Advisory Council (CAC) to include advising local governments on cybersecurity and requires the CAC to examine reported cybersecurity and ransomware incidents to develop best practice recommendations. The effective date of this act is July 1, 2022.

Chapter 2022 – 221, Laws of Florida (HB 7057). The legislation provides a general public record exemption in ch. 119, F.S., for the following information held by an agency:

1 The bill defines the term “government entity” to mean any official, officer, commission, board, authority, council, committee, or department of the executive, judicial, or legislative branch of state government; state universities; and any county or municipality, special district, water management district, and any other district in this state.

Coverage limits and deductible or self-insurance amounts of insurance or other risk mitigation coverages acquired for the protection of IT systems, operational technology systems, or data of an agency.
Information relating to critical infrastructure.
Network schematics, hardware and software configurations, or encryption information or information that identifies detection, investigation, or response practices for suspected or confirmed cybersecurity incidents.
Cybersecurity incident information reported pursuant to Sections 282.318 or 282.3185, F.S.

The law also creates a public meeting exemption for any portion of a meeting that would reveal confidential and exempt information; however, any portion of an exempt meeting must be recorded and transcribed. The recording and transcript are confidential and exempt from public record requirements. The legislation provides for release of the confidential and exempt information in certain instances and authorizes agencies to report information about cybersecurity incidents in an aggregate format. The law provides for repeal of the exemptions on October 2, 2027, unless reviewed and saved from repeal by the Legislature, and provides a public necessity statement as required by the Florida Constitution. The effective date of this act is July 1, 2022.

Chapter 2022 – 140, Laws of Florida (HB 7001). In 2018, the electorate of Florida amended the state constitution to prohibit lobbying by certain public officers both during public service and for a six-year period after leaving public office. This legislation implements the new constitutional public officer lobbying prohibitions. The prohibitions address lobbying on issues of policy, appropriations, or procurement before the federal government, the legislature, any state government body or agency, or any political subdivision. It provides that the prohibitions apply to persons in public office on or after December 31, 2022. It authorizes the Commission on Ethics (Commission) to investigate and determine violations of the new prohibitions. The bill provides a range of penalties for violations and directs the Commission to report post-service lobbying violations and recommended punishment to the Governor for imposition of penalties. The prohibitions affect the following officers:

Statewide elected officers;
Members of the Legislature;
County commissioners;
Constitutional county officers and county charter officers;
School board members;
School superintendents;
Elected municipal officers,
Elected special district officers in special districts with ad valorem taxing authority; and
Secretaries, executive directors, and other administrative heads of executive branch departments.

The effective date of this act is December 31, 2022.

Chapter 2022 – 97, Laws of Florida (HB 7071). The legislation provides for a number of tax reductions and other tax-related modifications designed to directly impact both families and businesses. Of interest to Special Districts is the provision that provides tax relief to parcel owners affected by a sudden and unforeseen collapse of a residential building. The law requires the tax collector to abate all taxes and non-ad valorem assessments for the year in which the destruction occurred, and the property appraiser must notify the owners of the abatement. The condition of the residential improvement on January 1 of the year the property was destroyed must have been in such a state that the residential improvement had no value due to a latent defect of the property not readily discernable by inspection. Parcel owners whose property tax is abated are not required to make a payment and property appraisers and tax collectors are prohibited from issuing tax notices. The legislation requires tax collectors to refund tax payments made for taxes levied in the year of collapse. The law requires value adjustment boards to dismiss petitions from parcel owners challenging the value of the parcel for the year of the collapse. The legislation also provides for the following sales tax holidays:

Back to School July 25 to August 7
Disaster Preparedness May 28 to June 10
Energy Star Appliances September 1 to February 28
Freedom Week2 July 1 to July 7
Tools used by Skilled Trade Workers September 3 to September 9
Diapers July 1, 2022 to June 30, 2023
Baby and Toddler Clothing July 1, 2022 to June 30, 2023
Children’s Books May 14 to August 14
Impact resistant Windows and Doors July 1, 2022 to June 30, 2024

Section 197.3195, Florida Statutes, as created by this act, applies retroactively to January 1, 2021. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 83, Laws of Florida (HB 1411). The legislation promotes the use of floating solar facilities by requiring local governments to allow these facilities as a permitted use under certain conditions and to amend its land development regulations to promote the use of floating solar. Floating solar is a concept that refers to any type of solar array that floats atop a body of water. The legislation defines “floating solar facility” as a solar facility, as defined in s. 163.3205(2), F.S., which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. Under the law, counties and municipalities may adopt ordinances specifying buffer and landscaping requirements for floating solar facilities, however, such requirements may not exceed the requirements for similar uses involving the construction of other solar facilities that are permitted uses in agricultural land use categories and zoning districts. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 202, Laws of Florida (HB 967). The legislation requires the turfgrass science program at the University of Florida Institute of Food and Agricultural Sciences

2 Specified admissions (live music events, live sporting events, movie theater tickets, gym access, entry to fairs and festivals, etc.) and items related to recreational activities.

(UF/IFAS), in coordination with the Department of Environmental Protection (DEP), to administer certification for golf course best management practices (BMPs) in order to provide a means of documenting and ensuring compliance with BMPs for fertilizer application to golf courses. The law requires UF/IFAS to provide training and testing certification programs and to issue certificates demonstrating completion of such programs. The certification expires four years after the date of issuance, and recertification is available if an applicant completes continuing education. Persons certified in golf course BMPs are exempt from additional local training and from local ordinances relating to water and fertilizer use, blackout periods, or restrictions unless a state of emergency is declared. The legislation encourages UF/IFAS to create a registry of persons certified on its website. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 103, Laws of Florida (HB 7049). The legislation gives a governmental agency the option to publish its legal notices on the publicly accessible website of the county in which it lies instead of in a printed newspaper or on a newspaper’s website if doing so would cost less than publishing legal notices in a newspaper. The law requires a special district spanning the geographic boundaries of more than one county and opting to publish legal notices on a publicly accessible website to publish its legal notices on the publicly accessible website of each county within its boundaries. A link to legal notices published on a publicly accessible website must be conspicuously placed on or accessible through a direct link from the (1) publicly accessible website’s homepage; and (2) the homepage of the website of each governmental agency publishing legal notices online. A governmental agency publishing legal notices on a publicly accessible website must (1) give notice in a newspaper or in a mailed or delivered publication, at least annually, that property owners and residents may receive legal notices from the governmental agency by first-class mail or e-mail upon registering with the agency; and (2) maintain a registry of property owners and residents who request in writing to receive legal notices from the governmental agency by mail or e-mail. The effective date of this act is January 1, 2023.

Chapter 2022 – 216, Laws of Florida (HB 1057). The legislation provides that when an agency is determining whether a vendor is a responsible vendor, an agency may establish financial stability criteria and require a vendor to demonstrate its financial stability. If an agency requires a vendor to demonstrate its financial stability during the competitive solicitation process, the agency must accept any of the following documents as evidence of the vendor’s financial stability:

Audited financial statements that demonstrate the vendor’s satisfaction of financial stability criteria.
Documentation of an investment grade rating from a credit rating agency designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission.
For a vendor with annual revenues exceeding $1 billion, a letter containing a written declaration issued by the chief financial officer or controller attesting that the vendor is financially stable and meets the definition of financial stability.
For a vendor with annual revenues of $1 billion or less, documentation, based on criteria established by the agency, evidencing that the vendor is financially stable and meets the definition of financial stability. The criteria established by the agency must be reasonably related to the value of the contract and may not include audited financial statements.

The law does not prohibit agencies from accepting additional documentation as evidence of financial stability and it does not preclude an agency from requiring a performance bond for the duration of the contract, when appropriate. The legislation defines the term “financial stability” to mean, at a minimum, having adequate income and capital and the capacity to efficiently allocate resources, assess and manage financial risks, and maintain financial soundness through the term of the contract. The legislation is effective upon becoming law.

Chapter 2022 – 190, Laws of Florida (SB 1062). The relevant portion of this legislation provides that service of process against any municipal corporation, agency, board, commission, department, subdivision of the state or any county that has a governing board, council, or commission or which is a body corporate must be served on the registered agent. However, if the entity does not have a registered agent, or if the registered agent cannot be served after one good faith attempt, the entity must be served:

On the president, mayor, chair, or other head thereof, and in the absence of the aforementioned;
On the vice president, vice mayor, or vice chair, and in the absence of the aforementioned;
On any member of the governing board, council, or commission, the manager of the governmental entity, or an in-house attorney for the governmental entity, and in the absence of the aforementioned;
On any employee of the governmental entity at the main office of the governmental entity.

The effective date of this legislation is January 2, 2023.

Chapter 2022 – 76, Laws of Florida (SB 882). The legislation requires each of the state’s five regional water management districts (WMD), as part of its district water management plan and in cooperation with local governments, to develop a list of critical wetlands to be acquired using funds from the Land Acquisition Trust Fund. The WMD must consider the following criteria in designating a wetland for inclusion on the list:

The ecological value of the wetland as determined by the physical and biological components of the environmental system;
The effect of the wetland on water quality and flood mitigation;
The ecosystem restoration value of the wetland; and
The inherent susceptibility of the wetland to development due to its geographical location or natural aesthetics.

The law requires that before adopting or amending its list of critical wetlands, each WMD must notify property owners whose property the WMD is contemplating including on the list. A property owner who wishes to remove their property from the list must submit a letter to the WMD requesting such removal and sufficiently identifying the property. The WMD must approve the removal if those requirements are met. The effective date of this act is July 1, 2022.

Chapter 2022 – 121, Laws of Florida (SB 518). The legislation amends s. 163.045, F.S., to clarify that a local government may not burden a property owner’s rights to prune, trim, or remove trees on his or her own residential property if the tree “poses an unacceptable risk” to

persons or property and the property owner possesses “documentation” from a landscape architect or certified arborist. A tree poses an “unacceptable risk” if removal is the only means of practically mitigating the risk below “moderate.” The law also adds definitions for the terms “documentation” and “residential property.” The definition for “documentation” requires that an onsite assessment be made in a certain manner by a specified type of certified arborist or architect. The bill defines “residential property” as a single-family detached building located on a lot that is actively used for single-family residential purposes. The effective date of this act is July 1, 2022.

Chapter 2022 – 89, Laws of Florida (HB 7053). To assist local governments in resilience planning, this legislation creates the Resilient Florida Grant Program (grant program), which authorizes the Department of Environmental Protection (DEP) to provide grants to a city or county to fund the costs of community resilience planning. In addition, the law directs DEP to develop an annual Statewide Flooding and Sea Level Rise Resilience Plan (plan), which consists of a list of ranked projects submitted by cities and counties that address risks posed by flooding and sea-level rise. With respect to the plan, the legislation requires DEP to rank and include in the plan all eligible projects that were submitted for the plan and to include a detailed narrative overview describing how the plan was developed. The bill authorizes special districts that are responsible for the management and maintenance of inlets and intracoastal waterways or for the operation and maintenance of a potable water facility, a wastewater facility, an airport, or a seaport facility to submit projects for inclusion in the plan. This act is effective July 1, 2022.

Chapter 2022 – 266, Laws of Florida (SB 4-C). This legislation dissolves all independent special districts established by a special act prior to the ratification of the Florida Constitution on November 5, 1968, if those districts have not been reestablished, re-ratified, or otherwise reconstituted by special act or general law after such date. Such special districts will be dissolved effective June 1, 2023. The following six districts appear to operate pursuant to a charter, which predates the 1968 Florida Constitution and was not reestablished, re-ratified, or otherwise reconstituted by a special act or general law after November 5, 1968:

Bradford County Development Authority (Bradford County)
Sunshine Water Control District (Broward County)
Eastpoint Water and Sewer District (Franklin County)
Hamilton County Development Authority (Hamilton County)
Reedy Creek Improvement District (Orange and Osceola Counties)
Marion County Law Library (Marion County)

The law allows an independent special district affected by the bill to be re-established on or after June 1, 2023, pursuant to the requirements and limitations of ch. 189 F.S. When there is a dissolution of a special district government, the special district transfers the title to all property owned by the preexisting special district to the local general-purpose government, either a county or municipality, which shall also assume all indebtedness of the preexisting special district. This act is effective July 1, 2022.

For convenience, we have included copies of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the

District Manager and this firm serves as District Counsel. For purposes of the agenda package, it is not necessary to include the attached legislation, as we can provide copies to anyone requesting the same. Copies of the referenced legislation are also accessible by visiting this link: http://laws.flrules.org/.