Bill Text: FL S0090 | 2011 | Regular Session | Engrossed
Bill Title: Local Government
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0090 Detail]
Download: Florida-2011-S0090-Engrossed.html
CS for SB 90 First Engrossed 201190e1 1 A bill to be entitled 2 An act relating to local government; amending s. 3 170.01, F.S.; clarifying that certain assessments must 4 be approved by a majority vote of certain voting 5 electors; amending s. 163.07, F.S.; requiring a plan 6 of a county or municipality to improve the efficiency, 7 accountability, and coordination of the delivery of 8 local government services to include a plan for the 9 consolidation of all administrative direction and 10 support services if the county or municipality is 11 subject to review and oversight by the Governor; 12 amending s. 218.503, F.S.; authorizing a financial 13 emergency review board for a local governmental entity 14 or district school board to consult with other 15 governmental entities for the consolidation of all 16 administrative direction and support services; 17 authorizing the Governor or Commissioner of Education 18 to require a local governmental entity or district 19 school board to develop a plan implementing the 20 consolidation, sourcing, or discontinuance of all 21 administrative direction and support services; 22 providing that the members of the governing body of a 23 local governmental entity or the members of a district 24 school board who fail to resolve a state of financial 25 emergency are subject to suspension or removal from 26 office; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (3) of section 170.01, Florida 31 Statutes, is amended to read: 32 170.01 Authority for providing improvements and levying and 33 collecting special assessments against property benefited.— 34 (3) Any municipality, subject to the approval byofa 35 majority vote of the affected property owners voting in an 36 election, may levy and collect special assessments against 37 property benefited for the purpose of stabilizing and improving: 38 (a) Retail business districts, 39 (b) Wholesale business districts, or 40 (c) Nationally recognized historic districts, 41 42 or any combination of such districts, through promotion, 43 management, marketing, and other similar services in such 44 districts of the municipality. This subsection does not 45 authorize a municipality to use bond proceeds to fund ongoing 46 operations of these districts. 47 Section 2. Section 163.07, Florida Statutes, is amended to 48 read: 49 163.07 Efficiency and accountability in local government 50 services.— 51 (1) The intent of this section is to provide and encourage 52 a process that will: 53 (a) Allow municipalities and counties to resolve conflicts 54 among local jurisdictions regarding the delivery and financing 55 of local services. 56 (b) Increase local government efficiency and 57 accountability. 58 (c) Provide greater flexibility in the use of local revenue 59 sources for local governments involved in the process. 60 (2) Any county or combination of counties, and the 61 municipalities therein, may use the procedures provided by this 62 section to develop and adopt a plan to improve the efficiency, 63 accountability, and coordination of the delivery of local 64 government services. The development of such a plan may be 65 initiated by a resolution adopted by a majority vote of the 66 governing body of each of the counties involved, by resolutions 67 adopted by a majority vote of the governing bodies of a majority 68 of the municipalities within each county, or by resolutions 69 adopted by a majority vote of the governing bodies of the 70 municipality or combination of municipalities representing a 71 majority of the municipal population of each county. The 72 resolution shall create a commission which will be responsible 73 for developing the plan. The resolution shall specify the 74 composition of the commission, which shall include 75 representatives of county and municipal governments, of any 76 affected special districts, and of any other relevant local 77 government entities or agencies. The resolution must include a 78 proposed timetable for development of the plan and must specify 79 the local government support and personnel services that will be 80 made available to the representatives developing the plan. 81 (3) Upon adoption of a resolution or resolutions as 82 provided in subsection (2), the designated representatives shall 83 develop a plan for delivery of local government services. The 84 plan must: 85 (a) Designate the areawide and local government services 86 that are the subject of the plan. 87 (b) Describe the existing organization of such services and 88 the means of financing the services, and create a reorganization 89 of such services and the financing thereof that will meet the 90 goals of this section. 91 (c) Designate the local agency that should be responsible 92 for the delivery of each service. 93 (d) Designate those services that should be delivered 94 regionally or countywide. No provision of the plan shall operate 95 to restrict the power of a municipality to finance and deliver 96 services in addition to, or at a higher level than, the services 97 designated for regional or countywide delivery under this 98 paragraph. 99 (e) Provide means to reduce the cost of providing local 100 services and enhance the accountability of service providers. 101 (f) Include a multiyear capital outlay plan for 102 infrastructure. 103 (g) Specifically describe any expansion of municipal 104 boundaries that would further the goals of this section. Any 105 area proposed to be annexed must meet the standards for 106 annexation provided in chapter 171. The plan shall not contain 107 any provision for contraction of municipal boundaries or 108 elimination of any municipality. 109 (h) Provide specific procedures for modification or 110 termination of the plan. 111 (i) Specify any special act modifications which must be 112 made to effectuate the plan. 113 (j) Specify the effective date of the plan. 114 (4)(a) A plan developed pursuant to this section must 115 conform to all comprehensive plans that have been found to be in 116 compliance under part II of this chapter, for the local 117 governments participating in the plan. 118 (b) No provision of a plan developed pursuant to this 119 section shall restrict the authority of any state or regional 120 governmental agency to perform any duty required to be performed 121 by that agency by law. 122 (5)(a) A plan developed pursuant to this section must be 123 approved by a majority vote of the governing body of each county 124 involved in the plan, and by a majority vote of the governing 125 bodies of a majority of municipalities in each county, and by a 126 majority vote of the governing bodies of the municipality or 127 municipalities that represent a majority of the municipal 128 population of each county. 129 (b) After approval by the county and municipal governing 130 bodies as required by paragraph (a), the plan shall be submitted 131 for referendum approval in a countywide election in each county 132 involved. The plan shall not take effect unless approved by a 133 majority of the electors of each county who vote in the 134 referendum, and also by a majority of the electors of the 135 municipalities that represent a majority of the municipal 136 population of each county who vote in the referendum. If 137 approved by the electors as required by this paragraph, the plan 138 shall take effect on the date specified in the plan. 139 (6) A plan developed pursuant to this section by a county 140 or municipality that is subject to review and oversight by the 141 Governor pursuant to s. 218.503 must include a plan for the 142 consolidation of all administrative direction and support 143 services, including, but not limited to, services for asset 144 sales, economic and community development, building inspections, 145 parks and recreation, facilities management, engineering and 146 construction, insurance coverage, risk management, planning and 147 zoning, information systems, fleet management, and purchasing. 148 (7)(6)If the plan calls for merger or dissolution of 149 special districts, such merger or dissolution shall comply with 150 the provisions of chapter 189. 151 (8)(7)If a plan developed pursuant to this section 152 includes areas proposed for municipal annexation which meet the 153 standards for annexation provided in chapter 171, such 154 annexation shall take effect upon approval of the plan as 155 provided in this section, notwithstanding the procedures for 156 approval of municipal annexation specified in chapter 171. 157 Section 3. Section 218.503, Florida Statutes, is amended to 158 read: 159 218.503 Determination of financial emergency.— 160 (1) Local governmental entities, charter schools, charter 161 technical career centers, and district school boards shall be 162 subject to review and oversight by the Governor, the charter 163 school sponsor, the charter technical career center sponsor, or 164 the Commissioner of Education, as appropriate, when any one of 165 the following conditions occurs: 166 (a) Failure within the same fiscal year in which due to pay 167 short-term loans or failure to make bond debt service or other 168 long-term debt payments when due, as a result of a lack of 169 funds. 170 (b) Failure to pay uncontested claims from creditors within 171 90 days after the claim is presented, as a result of a lack of 172 funds. 173 (c) Failure to transfer at the appropriate time, due to 174 lack of funds: 175 1. Taxes withheld on the income of employees; or 176 2. Employer and employee contributions for: 177 a. Federal social security; or 178 b. Any pension, retirement, or benefit plan of an employee. 179 (d) Failure for one pay period to pay, due to lack of 180 funds: 181 1. Wages and salaries owed to employees; or 182 2. Retirement benefits owed to former employees. 183 (e) An unreserved or total fund balance or retained 184 earnings deficit, or unrestricted or total net assets deficit, 185 as reported on the balance sheet or statement of net assets on 186 the general purpose or fund financial statements, for which 187 sufficient resources of the local governmental entity, charter 188 school, charter technical career center, or district school 189 board, as reported on the balance sheet or statement of net 190 assets on the general purpose or fund financial statements, are 191 not available to cover the deficit. Resources available to cover 192 reported deficits include net assets that are not otherwise 193 restricted by federal, state, or local laws, bond covenants, 194 contractual agreements, or other legal constraints. Fixed or 195 capital assets, the disposal of which would impair the ability 196 of a local governmental entity, charter school, charter 197 technical career center, or district school board to carry out 198 its functions, are not considered resources available to cover 199 reported deficits. 200 (2) A local governmental entity shall notify the Governor 201 and the Legislative Auditing Committee; a charter school shall 202 notify the charter school sponsor, the Commissioner of 203 Education, and the Legislative Auditing Committee; a charter 204 technical career center shall notify the charter technical 205 career center sponsor, the Commissioner of Education, and the 206 Legislative Auditing Committee; and a district school board 207 shall notify the Commissioner of Education and the Legislative 208 Auditing Committee, when one or more of the conditions specified 209 in subsection (1) have occurred or will occur if action is not 210 taken to assist the local governmental entity, charter school, 211 charter technical career center, or district school board. In 212 addition, any state agency must, within 30 days after a 213 determination that one or more of the conditions specified in 214 subsection (1) have occurred or will occur if action is not 215 taken to assist the local governmental entity, charter school, 216 charter technical career center, or district school board, 217 notify the Governor, charter school sponsor, charter technical 218 career center sponsor, or the Commissioner of Education, as 219 appropriate, and the Legislative Auditing Committee. 220 (3) Upon notification that one or more of the conditions in 221 subsection (1) have occurred or will occur if action is not 222 taken to assist the local governmental entity or district school 223 board, the Governor or his or her designee shall contact the 224 local governmental entity or the Commissioner of Education or 225 his or her designee shall contact the district school board to 226 determine what actions have been taken by the local governmental 227 entity or the district school board to resolve or prevent the 228 condition. The Governor or the Commissioner of Education, as 229 appropriate, shall determine whether the local governmental 230 entity or the district school board needs state assistance to 231 resolve or prevent the condition. If state assistance is needed, 232 the local governmental entity or district school board is 233 considered to be in a state of financial emergency. The Governor 234 or the Commissioner of Education, as appropriate, has the 235 authority to implement measures as set forth in ss. 218.50 236 218.504 to assist the local governmental entity or district 237 school board in resolving the financial emergency. Such measures 238 may include, but are not limited to: 239 (a) Requiring approval of the local governmental entity’s 240 budget by the Governor or approval of the district school 241 board’s budget by the Commissioner of Education. 242 (b) Authorizing a state loan to a local governmental entity 243 and providing for repayment of same. 244 (c) Prohibiting a local governmental entity or district 245 school board from issuing bonds, notes, certificates of 246 indebtedness, or any other form of debt until such time as it is 247 no longer subject to this section. 248 (d) Making such inspections and reviews of records, 249 information, reports, and assets of the local governmental 250 entity or district school board. The appropriate local officials 251 shall cooperate in such inspections and reviews. 252 (e) Consulting with officials and auditors of the local 253 governmental entity or the district school board and the 254 appropriate state officials regarding any steps necessary to 255 bring the books of account, accounting systems, financial 256 procedures, and reports into compliance with state requirements. 257 (f) Providing technical assistance to the local 258 governmental entity or the district school board. 259 (g)1. Establishing a financial emergency board to oversee 260 the activities of the local governmental entity or the district 261 school board. If a financial emergency board is established for 262 a local governmental entity, the Governor shall appoint board 263 members and select a chair. If a financial emergency board is 264 established for a district school board, the State Board of 265 Education shall appoint board members and select a chair. The 266 financial emergency board shall adopt such rules as are 267 necessary for conducting board business. The board may: 268 a. Make such reviews of records, reports, and assets of the 269 local governmental entity or the district school board as are 270 needed. 271 b. Consult with officials and auditors of the local 272 governmental entity or the district school board and the 273 appropriate state officials regarding any steps necessary to 274 bring the books of account, accounting systems, financial 275 procedures, and reports of the local governmental entity or the 276 district school board into compliance with state requirements. 277 c. Review the operations, management, efficiency, 278 productivity, and financing of functions and operations of the 279 local governmental entity or the district school board. 280 d. Consult with other governmental entities for the 281 consolidation of all administrative direction and support 282 services, including, but not limited to, services for asset 283 sales, economic and community development, building inspections, 284 parks and recreation, facilities management, engineering and 285 construction, insurance coverage, risk management, planning and 286 zoning, information systems, fleet management, and purchasing. 287 2. The recommendations and reports made by the financial 288 emergency board must be submitted to the Governor for local 289 governmental entities or to the Commissioner of Education and 290 the State Board of Education for district school boards for 291 appropriate action. 292 (h) Requiring and approving a plan, to be prepared by 293 officials of the local governmental entity or the district 294 school board in consultation with the appropriate state 295 officials, prescribing actions that will cause the local 296 governmental entity or district school board to no longer be 297 subject to this section. The plan must include, but need not be 298 limited to: 299 1. Provision for payment in full of obligations outlined in 300 subsection (1), designated as priority items, that are currently 301 due or will come due. 302 2. Establishment of priority budgeting or zero-based 303 budgeting in order to eliminate items that are not affordable. 304 3. The prohibition of a level of operations which can be 305 sustained only with nonrecurring revenues. 306 4. Provisions implementing the consolidation, sourcing, or 307 discontinuance of all administrative direction and support 308 services, including, but not limited to, services for asset 309 sales, economic and community development, building inspections, 310 parks and recreation, facilities management, engineering and 311 construction, insurance coverage, risk management, planning and 312 zoning, information systems, fleet management, and purchasing. 313 (4)(a) Upon notification that one or more of the conditions 314 in subsection (1) have occurred or will occur if action is not 315 taken to assist the charter school, the charter school sponsor 316 or the sponsor’s designee and the Commissioner of Education 317 shall contact the charter school governing body to determine 318 what actions have been taken by the charter school governing 319 body to resolve or prevent the condition. The Commissioner of 320 Education has the authority to require and approve a financial 321 recovery plan, to be prepared by the charter school governing 322 body, prescribing actions that will resolve or prevent the 323 condition. 324 (b) Upon notification that one or more of the conditions in 325 subsection (1) have occurred or will occur if action is not 326 taken to assist the charter technical career center, the charter 327 technical career center sponsor or the sponsor’s designee and 328 the Commissioner of Education shall contact the charter 329 technical career center governing body to determine what actions 330 have been taken by the governing body to resolve or prevent the 331 condition. The Commissioner of Education may require and approve 332 a financial recovery plan, to be prepared by the charter 333 technical career center governing body, prescribing actions that 334 will resolve or prevent the condition. 335 (c) The Commissioner of Education shall determine if the 336 charter school or charter technical career center needs a 337 financial recovery plan to resolve the condition. If the 338 Commissioner of Education determines that a financial recovery 339 plan is needed, the charter school or charter technical career 340 center is considered to be in a state of financial emergency. 341 342 The Department of Education, with the involvement of sponsors, 343 charter schools, and charter technical career centers, shall 344 establish guidelines for developing a financial recovery plan. 345 (5) A local governmental entity or district school board 346 may not seek application of laws under the bankruptcy provisions 347 of the United States Constitution except with the prior approval 348 of the Governor for local governmental entities or the 349 Commissioner of Education for district school boards. 350 (6) The failure of the members of the governing body of a 351 local governmental entity or the failure of the members of a 352 district school board to resolve a state of financial emergency 353 constitutes malfeasance, misfeasance, and neglect of duty for 354 purposes of s. 7, Art. IV of the State Constitution. 355 Section 4. This act shall take effect July 1, 2011.