CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING NOVEMBER 6, 2024
6:45 P.M.

Special District Services, Inc. 8785 SW 165th Avenue, Suite 200
Miami, FL 33193
www.centurygardensvillagecdd.org 786.303.3661 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Kendall Executive Center 8785 SW 165th Avenue, Suite 200
Miami, Florida 33193
REGULAR BOARD MEETING
November 6, 2024
6:45 p.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
June 5, 2024 Regular Board Meeting & Public Hearing Minutes…	Page 2
Old Business
Update Regarding Tree Installation Project
New Business
Consider Resolution No. 2023-05 – Adopting a Fiscal Year 2023/2024 Amended Budget…	Page 5
Consider Resolution No. 2023-06 – Adopting Goals and Objectives…	Page 10
Legislative Update…	Page 14
Administrative & Operational Matters
Board Member & Staff Closing Comments
Adjourn

AFFIDAVIT OF PUBLICATION

Account #	Order Number	Identification	Order PO	Amount	Cols	Depth	
141863	593535	Print Legal Ad-IPL01946350 - IPL0194635		$756.94	2	51 L	

Attention:

Laura J. Archer

PUBLISHED DAILY

Century Gardens Village Community Development District c/o Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410 LArcher@sdsinc.org

MIAMI-DADE-FLORIDA
STATE OF FLORIDA COUNTY OF MIAMI-DADE
Before the undersigned authority personally appeared: Mary Castro, who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of the advertisement that was published was published in said newspaper in the issue
(s) of:
Publication: Miami Herald 1 insertion(s) published on:
09/19/24

Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered a second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s).The McClatchy Company complies with all legal requirements for publication in chapter 50, Florida Statutes.

Sworn to and subscribed before me this 19th day of September in the year of 2024

Notary Public in and for the state of Texas, residing in Dallas County

Extra charge for lost or duplicate affidavits. Legal document please do not destroy!

CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING
JUNE 5, 2024

CALL TO ORDER

District Manager Armando Silva called the June 5, 2024, Regular Board Meeting of the Century Gardens Village Community Development District (the “District”) to order at 6:53 p.m. in the Kendall Executive Center Meeting Room located at 8785 SW 165th Street, Miami, Florida 33193.

PROOF OF PUBLICATION

Mr. Silva presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on September 25, 2023, as legally required.

ESTABLISH A QUORUM

Mr. Silva determined that the attendance of Chairperson Paola Mastrodomenico, Vice-Chairperson Licette Conde-Matos and Supervisors Johanna Diaz, Yenfa Arias (arrived at 7:08 p.m.) and Gladelmis Rodriguez constituted a quorum, and it was in order to proceed with the meeting.

Staff in attendance were: District Manager Armando Silva of Special District Services, Inc.; and General Counsel Liza Smoker of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
ADDITIONS OR DELETIONS TO AGENDA

There we 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
March 7, 2024, Regular Board Meeting
Mr. Silva presented the minutes of the March 7, 2024, Regular Board Meeting and asked if there were any changes. There being no changes, a motion was made by Ms. Mastrodomenico, seconded by Ms. Conde-Matos and unanimously passed approving the minutes of the March 7, 2024, Regular Board Meeting, as presented.

Note: Mr. Silva recessed the Regular Board Meeting and simultaneously called to order the Public Hearing at 6:54 p.m.

PUBLIC HEARING
Proof of Publication

Mr. Silva presented proof of publication that notice of the Public Hearing had been published in the
Miami Herald on May 16, 2024, and May 23, 2024, as legally required.

Receive Public Comment on Fiscal Year 2024/2025 Final Budget

There was no public comment on the Fiscal Year 2024/2025 Final Budget.

Mr. Silva then closed the Public Hearing and reconvened the Regular Board Meeting.

Consider Resolution No. 2024-03 – Adopting a Fiscal Year 2024/2025 Final Budget

Mr. Silva presented Resolution No. 2024-03, entitled:

RESOLUTION NO. 2024-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2024/2025 FINAL BUDGET INCLUDING NON-AD VALOREM SPECIAL ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

Mr. Silva read the title of the resolution into the record and advised that it provides for approving and adopting the fiscal year 2024/2025 Final Budget and the non-ad valorem special assessment tax roll (Assessment Levy).

A motion was made by Ms. Rodriguez, seconded by Ms. Mastrodomenico and unanimously passed adopting Resolution No. 2024-03, approving the Fiscal Year 2024/2025 Final Budget, as presented, setting the fiscal year 2024/2025 final budget and non-ad valorem special assessment tax roll (Assessment Levy).
Note: Mr. Silva closed the Public Hearing and simultaneously reconvened the Regular Board Meeting at 6:57 p.m.

OLD BUSINESS
Update Regarding Tree Installation Project
Mr. Silva advised that Trimscape is still working on fixing the irrigation system within the medians located at SW 153rd Path (adjacent to the commercial center) and will install the palms as soon as the irrigation is working. This project will be completed by the end of September 2024.
Update Regarding Irrigation System Repairs
Please refer to Agenda Item H.1.

Update Regarding Sidewalk Trip Hazard Removal Project

Mr. Silva stated that Raptor Vac Systems had completed approximately 41 out of 60 trip hazard removals and would be completing the project tomorrow.

NEW BUSINESS
Consider Resolution No. 2024-04 – Adopting a Fiscal year 2024/2025 Meeting Schedule

Mr. Silva presented Resolution No. 2024-04, entitled:

RESOLUTION NO. 2024-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2024/2025 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

The Century Gardens Village Community Development District (the “District”) will hold Regular Meetings in the Kendall Executive Center located at 8785 SW 165th Avenue, Suite 200, Miami, Florida 33193 at 6:30 p.m. on the following dates:
October 2, 2024
November 6, 2024
March 5, 2025
April 2, 2025
May 7, 2025
June 4, 2025
July 2, 2025

A discussion ensued after which;
A motion was made by Ms. Rodriguez, seconded by Ms. Mastrodomenico and passed unanimously adopting Resolution 2024-04, as presented.

ADMINISTRATIVE & OPERATIONAL MATTERS
Statement of Financial Interests – Form 1

The Board was reminded of the importance of completing and mailing to the Supervisor of Elections’ office of the County in which they reside their individual 2023 Form 1 – Statement of Financial Interests prior to the July 1st deadline.

BOARD MEMBER & STAFF CLOSING COMMENTS
There were no Board Member or Staff Closing Comments.
ADJOURNMENT
There being no further business to come before the Board, a motion was made by Ms. Mastrodomenico, seconded by Ms. Diaz and unanimously passed adjourning the Regular Board Meeting at 7:10 p.m.

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

RESOLUTION NO. 2024-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2023/2024 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Century Gardens Village Community Development District (the “District”) is empowered to provide a funding source and to impose special assessments upon the properties within the District; and,

WHEREAS, the District has prepared for consideration and approval an Amended Budget.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2023/2024 attached hereto as Exhibit “A” is hereby approved and adopted by the Board.
Section 2.  The Secretary/Assistant 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 6th day of November, 2024.

ATTEST:	CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT

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

Century Gardens Village Community Development District

Amended Final Budget For Fiscal Year 2023/2024
October 1, 2023 - September 30, 2024

CONTENTS

AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET

AMENDED FINAL BUDGET
CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2023/2024 OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2023/2024 BUDGET
10/1/23 - 9/30/24	AMENDED FINAL BUDGET
10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 9/29/24	
Administrative Assessments	77,409	78,211	78,211	
Maintenance Assessments	63,925	63,925	63,925	
Debt Assessments	212,048	212,048	212,048	
OtKer Revenue	0	7,345	7,345	
Interest Income	300	11,150	11,126	
TOTAL REVENUES	$	353,682	$	372,679	$	372,655	
				
EXPENDITURES				
Administrative Expenditures				
Supervisor Fees	3,000	2,200	2,200	
Payroll Taxes - Employer	230	168	168	
Management	34,884	34,884	34,884	
Legal	8,500	9,000	7,993	
Assessment Roll	7,500	7,500	7,500	
Audit Fees	3,200	3,200	3,200	
Insurance	6,500	6,594	6,594	
Legal Advertisements	800	3,600	2,599	
Miscellaneous	1,500	1,000	540	
Postage	300	170	158	
Office Supplies	375	300	261	
Dues & Subscriptions	175	175	175	
Trustee Fee	3,500	3,500	3,500	
Continuing Disclosure Fee	600	600	600	
:ebsite Management	2,000	2,000	2,000	
TOTAL ADMINISTRATIVE EXPENDITURES	$	73,064	$	74,891	$	72,372	
				
Maintenance Expenditures				
Engineering/Inspections	1,500	1,100	1,100	
Street/Road Maintenance	17,200	17,200	14,140	
Field Operations Management	1,800	1,800	1,800	
Miscellaneous Community ProMect	32,765	33,500	30,154	
Capital Improvements	3,625	1,800	0	
Maintenance Contingency	3,200	2,200	700	
TOTAL MAINTENANCE EXPENDITURES	$	60,090	$	57,600	$	47,894	
				
TOTAL EXPENDITURES	$	133,154	$	132,491	$	120,266	
				
REVENUES LESS EXPENDITURES	$	220,528	$	240,188	$	252,389	
				
Bond Payments	 199,325 	(202,314)	 202,314 	
				
BALANCE	$	21,203	$	37,874	$	50,075	
				
County Appraiser & Tax Collector Fee	 7,068 	(3,409)	 3,409 	
Discounts For Early Payments	 14,135 	(12,816)	 12,816 	
				
EXCESS/ (S+ORTFALL)	$	-	$	21,649	$	33,850	
				
Carryover From Prior Year	0	0	0	
				
NET EXCESS/ (S+ORTFALL)	$	-	$	21,649	$	33,850	

FUND BALANCE AS OF 9/30/23	
FY 2023/2024 ACTIVITY	
FUND BALANCE AS OF 9/30/24	

$202,836	
$21,649	
$224,485	

AMENDED FINAL BUDGET
CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND
FISCAL YEAR 2023/2024 OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2023/2024 BUDGET
10/1/23 - 9/30/24	AMENDED FINAL BUDGET
10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 9/29/24	
Interest Income	100	5,985	5,985	
NAV Tax Collection	199,325	202,314	202,314	
				
Total Revenues	$	199,425	$	208,299	$	208,299	
				
EXPENDITURES				
Principal Payments	120,000	120,000	120,000	
Interest Payments	76,495	78,295	78,295	
Bond Redemption	2,930	0	0	
				
Total Expenditures	$	199,425	$	198,295	$	198,295	
				
Excess/ (Shortfall)	$	-	$	10,004	$	10,004	

FUND BALANCE AS OF 9/30/23	
FY 2023/2024 ACTIVITY	
FUND BALANCE AS OF 9/30/24	

$94,066	
$10,004	
$104,070	

Notes
Reserve Fund Balance = $5,134*. Revenue Fund Balance = $98,936*.
Revenue Fund Balance To Be Used To Make 11/1/2024 Interest Payment Of $37,348.
* Approximate Amounts

Series 2020 Bond Refunding Information		
Original Par Amount =	$2,469,000	Annual Principal Payments Due:	
Interest Rate =	3.00% - 4.00%	May 1st	
Issue Date =	December 2020	Annual Interest Payments Due:	
Maturity Date =	May 2037	May 1st & November 1st	
Par Amount As Of 9/29/24 =	$2,004,000		

RESOLUTION 2024-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT ADOPTING GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Century Gardens Village Community Development District (the “District”) is a local unit of special-purpose government created and existing under and pursuant to Chapters 189 and 190, Florida Statutes, as amended; and

WHEREAS, effective July 1, 2024, the Florida Legislature adopted House Bill 7013, codified as Chapter 2024-136, Laws of Florida (“HB 7013”) and creating Section 189.0694, Florida Statutes; and

WHEREAS, pursuant to HB 7013 and Section 189.0694, Florida Statutes, beginning October 1, 2024, the District shall establish goals and objectives for the District and create performance measures and standards to evaluate the District’s achievement of those goals and objectives; and

WHEREAS, the District Manager has prepared the attached goals, objectives, and performance measures and standards and presented them to the Board of the District; and
WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution the attached goals, objectives and performance measures and standards.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.
SECTION 2. The District Board of Supervisors hereby adopts the goals, objectives and performance measures and standards as provided in Exhibit A. The District Manager shall take all actions to comply with Section 189.0694, Florida Statutes, and shall prepare an annual report regarding the District’s success or failure in achieving the adopted goals and objectives for consideration by the Board of the District.

SECTION 3. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 6th day of November, 2024.

ATTEST:	CENTURY GARDENS VILLAGE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chair/Vice Chair

Exhibit A: Performance Measures/Standards and Annual Reporting

Exhibit A

Program/Activity:	District Administration
Goal:	Remain compliant with Florida Law for all district meetings
Objectives:
Notice all District regular, special, and public hearing meetings
Conduct all post-meeting activities
District records retained in compliance with Florida Sunshine Laws
Performance Measures:
All Meetings publicly noticed as required.
Achieved: Yes ☐ No ☐
Meeting minutes and post-meeting action completed.
Achieved: Yes ☐ No ☐
District records retained as required by law.
Achieved: Yes ☐ No ☐

Program/Activity:	District Finance
Goal:	Remain Compliant with Florida Law for all district financing activities
Objectives:
District adopted fiscal year proposed budget by June 15 and the final fiscal year budget by September 30.
District amended fiscal year budget within 60 days following the end of the fiscal year.
Process all District finance accounts receivable and payable
Support District annual financial audit activities
Performance Measures:
District adopted fiscal year proposed budget by June 15 and the final fiscal year budget by September 30.
Achieved: Yes ☐ No ☐
District amended budget within 60 days following the end of the fiscal year.
Achieved: Yes ☐ No ☐
District accounts receivable/payable processed for the year.
Achieved: Yes ☐ No ☐
“No findings” for annual financial audit (yes/no)
Achieved: Yes ☐ No ☐
If “yes” explain: Century Gardens VillageCentury Gardens Village	
Program/Activity:	District Operations
Goal:	Insure, Operate and Maintain District owned Infrastructure & assets
Objectives:
Annual renewal of District insurance policy(s).
Obtain all necessary contracted services for District operations and infrastructure.
Determine all vendors are in compliance with contracts with District.
Performance Measures:
District insurance policies reviewed and in place.
Achieved: Yes ☐ No ☐

Contracted Services obtained for all District operations.
Achieved: Yes ☐ No ☐
All District contracts in compliance.
Achieved: Yes ☐ No ☐

MEMORANDUM
TO:	District Manager

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

DATE:	July 12, 2024
RE:	2024 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 2024  136, Laws of Florida (HB 7013). The legislation establishes a 12- year term limit for members of popularly elected bodies governing independent special districts, excluding terms starting before November 5, 2024, and excluding certain districts. Supervisors of Community Development Districts (CDDs) do not have term limits. The act provides that the boundaries of independent special districts may only be changed by general law or special act. The law revises criteria for declaring special districts inactive, to include those with no revenue, expenditures, or debt for five consecutive fiscal years, and extends the objection period for proposed inactive status declarations from 21 to 30 days. The law stipulates that a special district deemed inactive can only use funds to service outstanding debt and fulfill existing bond covenants and contractual obligations. Additionally, the law repeals section 163.3756, F.S., to align the regulations for Community Redevelopment Agencies (CRAs) with those applicable to other special districts. The bill repeals sections 165.0615 and 190.047, F.S., which allow independent special districts and CDDs, respectively, to convert to a municipality without legislative approval.

Performance Measures and Standards

The legislation also mandates special districts to establish goals, objectives, performance measures, and standards for each program and activity they undertake by October 1, 2024, or the end of their first full fiscal year, and to report annually on their achievements and performance. Furthermore, by December 1 of each subsequent year, each district must produce an annual report detailing the goals and objectives it has accomplished, the performance measures and standards used for evaluation, and any goals or objectives that were not met. The annual report must be

For independent special fire control districts, the bill requires reporting on volunteer firefighter training by October 1 annually.

The legislation reduces the maximum ad valorem millage rate for mosquito control districts from 10 mills to one mill, allowing an increase to two mills via referendum, and requires submission of work plans and budgets to receive state funds. Lastly, the law prohibits the creation of new Neighborhood Improvement Districts (NIDs) after July 1, 2024, and mandates a performance review of existing NIDs by September 30, 2025.
The effective date of this act is July 1, 2024.

Chapter 2024  80, Laws of Florida (HB 433). The legislation prohibits political subdivisions from establishing, mandating, or requiring employers, including those contracting with political subdivisions, to meet heat exposure requirements not mandated by state or federal law. The law clarifies that it does not limit the authority of political subdivisions to establish heat exposure requirements1 for their direct employees. Effective September 30, 2026, the law amends
or affecting wages or employment benefits provided by vendors, contractors, service providers, or other parties through purchasing or contracting procedures. In addition the law prohibits using wages or employment benefits as evaluation factors or awarding preferences based on them. The law removes the ability of local governments to require a minimum wage for certain employees under contract terms and states that these revisions do not impair contracts entered into before September 30, 2026. Lastly, this act prohibits local governments from adopting or enforcing regulations on employee scheduling, including predictive scheduling, by private employers except as expressly authorized or required by state or federal law, rule, regulation, or federal grant requirements. Except as otherwise provided, the effective date of this act is July 1, 2024.

Chapter 2024  204, Laws of Florida (HB 149). The legislation raises the maximum limit for continuing contracts under the Consultants' Competitive Negotiation Act (CCNA) from an estimated per-project construction cost of $4 million to $7.5 million, with an annual adjustment based on the Consumer Price Index (CPI). Starting July 1, 2025, and annually thereafter, the Department of Management Services (DMS) is mandated to adjust the maximum allowable amount for each project in a continuing contract according to the change in the June-to-June CPI for All Urban Consumers, as issued by the Bureau of Labor Statistics. DMS is required to publish the adjusted amount on its website. The effective date of this act is July 1, 2024.

Chapter 2024  202, Laws of Florida (HB 59). The legislation amends section 720.303, F.S., requiring Homeowner Associations (HOAs) to provide a physical or digital copy of
. This requirement extends to all new members upon joining and includes providing updated copies whenever amendments to the rules or covenants occur. HOAs are authorized to set standards for the distribution method and timing for these documents. The law also stipulates that HOAs maintain certain official records,
n the state for at least seven years. These records must be accessible to parcel owners for inspection or copying, either physically or electronically. The effective date of this act is July 1, 2024

1  r
consumption, cooling measures, acclimation periods, informational notices, heat exposure programs, first-aid measures, protections for reporting heat exposure, and related reporting and recordkeeping.

Chapter 2024  221, Laws of Florida (HB 1203). The legislation establishes educational requirements for community association managers (CAMs) and HOA directors. By January 1, 2025, HOAs with 100 or more parcels must post certain official records on their website or application. It allows parcel owners to request a detailed accounting of any amounts owed to the HOA, and if not provided, the board forfeits any outstanding fine under specific conditions. The bill prohibits HOAs and their committees from imposing requirements on the interior of structures not visible from the frontage, adjacent property, common areas, or golf courses. The law also forbids the need for HOA or committee approval for central air-conditioning, heating, or ventilating systems if not visible from the frontage, adjacent property, common area, or golf course, and if they are similar to approved systems. Criminal penalties are introduced for HOA officers, directors, or managers accepting kickbacks. Additionally, HOAs cannot prevent homeowners from installing vegetable gardens and clotheslines in non-visible areas, and certain HOA election voting activities are classified as a first-degree misdemeanor. The effective date of this act is July 1, 2024.
Chapter 2024  44, Laws of Florida (HB 621). The legislation establishes section 82.036, F.S., creating a process for removing unauthorized persons (squatters) from residential property. Property owners or their authorized agents can file a verified complaint with the county sheriff, who, upon verifying the complainant's identity and ownership, must serve notice to the occupants to vacate immediately. The law grants immunity to the sheriff and property owner for any property loss or damage unless the removal is wrongful. It also establishes a civil cause of action for wrongful removal, allowing the wrongfully removed party to seek damages, court costs, and attorney fees. The effective date of this act is July 1, 2024.

Chapter 2024  147, Laws of Florida (SB 7020). The legislation amends section 1.01, F.S., the statute defining registered mail, to broaden the range of acceptable delivery services for meeting statutory registered mail requirements in the state. The new definition of "registered mail" now explicitly includes any delivery service by the U.S. Postal Service or a private delivery service that provides proof of mailing or shipping and proof of delivery, confirmed by a receipt signed by the addressee or a responsible person at the delivery address. Additionally, "return receipt requested" is defined to encompass delivery confirmation services by the U.S. Postal Service or private delivery services that offer similar proof of delivery. These amendments are remedial in nature and apply retroactively. The effective date of this act is May 6, 2024.

Chapter 2024  263, Laws of Florida (HB 321). This legislation specifies that any individual who intentionally releases, organizes the release of, or causes the release of balloons inflated with lighter-than-air gas commits an act of littering and is subject to corresponding penalties2. However, children aged six or younger who engage in such activities are exempt from noncriminal littering infractions and associated penalties. The bill removes the exemption for balloons deemed biodegradable or photodegradable by Florida Fish and Wildlife Conservation rules. It also eliminates the provision allowing citizens to petition a circuit court to prevent the release of ten or more balloons. Additionally, the bill revises definitions in section 403.413, F.S., the Florida Litter Law, to include:

2 The penalty for littering generally corresponds to the amount of litter discarded.

punishable by a civil penalty of $150.	= First-degree misdemeanor,
punishable by up to one year in jail and a $1,000 fine. > 500 pounds or > 100 cubic feet = Third-degree felony, punishable by up to five
.

		Dump, specifying that it encompasses the intentional release, organization of the release, or causation of the release of balloons.
	Litter, explicitly adding balloons to the definition.
The effective date of this act is July 1, 2024.

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/.

MEMORANDUM
TO:	District Manager

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

DATE:	August 9, 2024

RE:	2024 Legislative Update  Supplemental Information

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. Below is a summary of an additional law that was not included in the 2024 Legislative Update.

Chapter 2024  184, Laws of Florida (HB 7063). The legislation, among other things, amends section 787.06, F.S., to require nongovernmental entities, when a contract is executed, renewed, or extended, with a governmental entity, to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services. Special districts, including community development districts, are defined as governmental entities under this statute. The effective date of this act is July 1, 2024.

For convenience, we have included a copy of the legislation referenced in this memorandum. In addition, attached is a form of the affidavit that nongovernmental entities will need to execute when entering, renewing, or extending a contract with a community development district or special district. We request that you include this supplemental 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.

Enclosures (2)