Attorney General of Florida — Opinion
October 14, 2004
RE: SPECIAL DISTRICTS — MOBILE HOME RECREATIONAL DISTRICT — CODE ENFORCEMENT — MEETINGS — authority of recreational district to use provisions of Local Government Code Enforcement Act and to exclude nonqualified electors from participating in budget hearings. ss. 418.30, 418.304, 162.03, Fla. Stat.
Special District, Code Enforcement Act, budget hearings
Charlie Crist Attorney General
Mr. Charles Campbell Board of Trustees, Port Malabar Holiday Park Mobile Home Recreation District 215 Holiday Park Boulevard Northeast Palm Bay, Florida 32907
Dear Mr. Campbell:
On behalf of the Board of Trustees of the Port Malabar Holiday Park Mobile Home Recreation District (district), you ask substantially the following questions:
1) May the Board of Trustees of the Port Malabar Holiday Park Mobile Home Recreation District create a code enforcement board pursuant to Part I, Chapter 162, Florida Statutes, to enforce its rules and regulations?
2) Does section 418.304(4)(b), Florida Statutes, preclude nonqualified electors from speaking at a meeting of the district board of trustees to consider the district budget?
Question One
According to your letter, the Port Malabar Holiday Park Mobile Home Recreation District (district) was created pursuant to Part II, Chapter 418, Florida Statutes, which authorizes any municipality or county in the state to create one or more mobile home park recreation districts.[1] This office has been advised that the district operates as an independent special district.[2]
Pursuant to section 418.304, Florida Statutes, the ordinance creating or amending the charter of a mobile home park recreation district may grant to the recreation district the authority “[t]o adopt rules and regulations not inconsistent with existing deed restrictions and to use district funds in the administration and enforcement of such rules, regulations, and deed restrictions.”[3] You ask whether the board of trustees may create a code enforcement board pursuant to section 162.03(1), Florida Statutes, to enforce such restrictions and regulations.
Section 162.03(1), Florida Statutes, provides that “[e]ach county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein.”[4] (e.s.) Numerous opinions of this office have stated that special districts constitute neither municipalities nor counties, but are statutory entities created for definitely restricted purposes and not for general local government.[5] Though a mobile home park recreation district may be created by a county or municipality, that does not make such a district a county or municipality.
Accordingly, I am of the opinion that section 162.03(1), Florida Statutes, does not authorize the district to create a code enforcement board to enforce its rules, regulations, and restrictions.
Question Two
Section 418.304(4), Florida Statutes, provides for the levy and assessment of a special assessment known as a “recreation district tax” against all improved residential parcels situated within the district for the purpose of providing funds to implement the powers of the district. The statute requires, among other things,
“(b) The trustees shall, on or before July 30 of each year, by resolution, fix the amount of the assessment for the next ensuing year. . . . Prior to the adoption of the resolution fixing the amount of the assessment, the trustees shall hold a public hearing at which time qualified electors of the district may appear and be heard. Notice of the time and place of the public hearing shall be published once in a newspaper of general circulation within the county at least 21 days prior to the public hearing.” (e.s.)
You ask whether this provision precludes a nonqualified elector from speaking at such a hearing.
The above statute establishes the right of qualified electors of the district to attend and be heard at the hearing considering the imposition of the special assessment. While the statute does not create a right for nonqualified electors to speak at such meetings, neither does it prohibit such individuals from participating. The courts of this state and this office have recognized the importance of public participation in open meetings.[6] This office, however, has recognized the authority of a public body to adopt reasonable rules and policies to ensure the orderly conduct of a public meeting, including the orderly behavior of those attending.[7] For example, this office determined that a rule limiting the amount of time an individual could address a board could be adopted, provided the time limit did not unreasonably restrict the public’s right of access under the Government in the Sunshine Law.[8]
Accordingly, I am of the opinion that section 418.304(4)(b), Florida Statutes, does not preclude nonqualified electors from speaking at a meeting of the district board of trustees to consider the district budget; the board, however, may adopt reasonable regulations regarding the orderly conduct of the meeting.
Sincerely,
Charlie Crist Attorney General
CC/tjw
“Any municipality or county in the state is authorized to create one or more mobile home park recreation districts. Each such district shall be limited to the boundaries of a mobile home park and shall be established by an ordinance approved by a vote of the electors residing in the proposed district. Such ordinance, as it may from time to time be amended by the governing body of the municipality or county and approved by a vote of the electors in the district, shall constitute the charter of the district. The electors residing in a proposed district may petition the governing body of the municipality or county to create a mobile home park recreation district. If a majority of electors of the proposed district has signed the petition, no referendum shall be required to create the district.”
The Eleventh Circuit Court of Appeal, however, in
Rowe v. City of Cocoa, Fla., 358 F.3d 800, 804 (11th Cir. 2004), upheld a city regulation which limiting the speech of nonresidents against claims that such regulation violated First Amendment and Equal Protection protections, stating:
“A bona fide residency requirement . . . does not restrict speech based on a speaker’s viewpoint but instead restricts speech at meetings on the basis of residency. . . . [T]here is a significant governmental interest in conducting orderly, efficient meetings that are limited to a specific subject matter germane to an agenda at hand. . . . To permit non-residents, those without a direct stake in the outcome of a City’s business, to ramble aimlessly at City Council meetings on topics not related to agenda items would be inefficient and would unreasonably usurp “the presiding officer the authority to regulate irrelevant debate . . . at a public meeting.” . . . The restrictions in the challenged regulations are reasonable and viewpoint neutral.”