Bill Text: FL S1058 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Special Districts
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/CS/HB 7013 [S1058 Detail]
Download: Florida-2024-S1058-Introduced.html
Bill Title: Special Districts
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/CS/HB 7013 [S1058 Detail]
Download: Florida-2024-S1058-Introduced.html
Florida Senate - 2024 SB 1058 By Senator Hutson 7-01329B-24 20241058__ 1 A bill to be entitled 2 An act relating to special districts; repealing s. 3 163.3756, F.S., relating to inactive community 4 redevelopment agencies; amending s. 163.504, F.S.; 5 prohibiting the creation of new safe neighborhood 6 improvement districts after a date certain; repealing 7 s. 165.0615, F.S., relating to municipal conversion of 8 independent special districts upon an elector 9 initiated and approved referendum; creating s. 10 189.0312, F.S.; providing term limits for elected 11 members of governing bodies of independent special 12 districts; providing an exception; providing 13 construction; creating s. 189.0313, F.S.; requiring 14 continuation of independent special districts that 15 levy ad valorem taxes; providing procedures in the 16 event a certain ballot question is approved by voters; 17 providing procedures in the event the ballot question 18 is not approved by voters; requiring the governing 19 body of the district to adopt a dissolution plan 20 within a certain timeframe and to post such 21 dissolution plan in the specified manner; providing 22 the ballot question; providing applicability; amending 23 s. 189.062, F.S.; providing additional criteria for 24 declaring a special district inactive; providing 25 exceptions; requiring certain special districts to 26 provide notice of a proposed declaration of inactive 27 status to the county or municipality under certain 28 circumstances; revising the time period for filing an 29 objection to a proposed declaration; authorizing a 30 specific objection; providing that a district declared 31 inactive may only expend funds as necessary to service 32 outstanding debt; making technical changes; creating 33 s. 189.0694, F.S.; requiring special districts to 34 establish performance measures to assess performance; 35 requiring special districts to publish an annual 36 report; providing requirements for the report; 37 amending s. 189.0695, F.S.; requiring the Office of 38 Program Policy Analysis and Government Accountability 39 to annually conduct performance reviews of safe 40 neighborhood improvement districts; amending s. 41 189.016, F.S.; requiring certain independent special 42 districts to file reports and information to specified 43 entities; amending s. 190.005, F.S.; requiring that a 44 petition for creation of a community development 45 district contain specified information; making 46 technical changes; amending s. 191.013, F.S.; 47 requiring independent special fire control districts 48 to report annually, by a specified date, information 49 regarding the completion of required trainings and the 50 receipt of required certifications by certain 51 firefighters to the Division of State Fire Marshal; 52 amending s. 388.271, F.S.; requiring, instead of 53 authorizing, special districts to file tentative work 54 plans and work plan budgets at specified intervals; 55 requiring the Department of Agriculture and Consumer 56 Services to report to the Department of Commerce if 57 certain special districts fail to submit specified 58 information; making technical changes; amending s. 59 388.46, F.S.; requiring the Florida Coordinating 60 Council on Mosquito Control to establish, by a 61 specified date, model measures to assist districts in 62 conducting performance monitoring; providing an 63 effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Section 163.3756, Florida Statutes, is repealed. 68 Section 2. Section 163.504, Florida Statutes, is amended to 69 read: 70 163.504 Safe neighborhood improvement districts; formation 71 authorized by ordinance; jurisdictional boundaries; prohibition 72 on future creation.— 73 (1) The governing body of any municipality or county may 74 authorize the formation of safe neighborhood improvement 75 districts through the adoption of a planning ordinance which 76 specifies that such districts may be created by one or more of 77 the methods established in ss. 163.506, 163.508, 163.511, and 78 163.512. No district may overlap the jurisdictional boundaries 79 of a municipality and the unincorporated area of a county, 80 except by interlocal agreement. 81 (2) A safe neighborhood improvement district may not be 82 created on or after July 1, 2024. A safe neighborhood 83 improvement district in existence before July 1, 2024, may 84 continue to operate as provided in this part. 85 Section 3. Section 165.0615, Florida Statutes, is repealed. 86 Section 4. Section 189.0312, Florida Statutes, is created 87 to read: 88 189.0312 Term of office.— 89 (1) A member of an elected governing body of an independent 90 special district may not serve for more than 12 consecutive 91 years, unless the district’s charter provides for more 92 restrictive terms of office. Service of a term of office that 93 commenced before November 5, 2024, does not count toward the 94 limitation imposed by this subsection. 95 (2) This section does not apply to a community development 96 district established under chapter 190 or an independent special 97 district created pursuant to a special act that provides that 98 any amendment to chapter 190 to grant additional powers 99 constitutes a power of the district. 100 (3) This section does not require an independent special 101 district governed by an appointed governing body to convert to 102 an elected governing body. 103 Section 5. Section 189.0313, Florida Statutes, is created 104 to read: 105 189.0313 Independent special districts with ad valorem 106 taxing powers; voter reauthorization.— 107 (1) The governing body of each independent special district 108 that exercises ad valorem taxing powers created: 109 (a) Before January 1, 2018, shall conduct a referendum to 110 be held in conjunction with the general election held on 111 November 3, 2026, containing the ballot question described in 112 subsection (3). 113 (b) On or after January 1, 2018, shall conduct a referendum 114 to be held in conjunction with the next general election held 10 115 years after the creation date of the district containing the 116 ballot question in subsection (3). 117 (2)(a) If a majority of the qualified electors voting in 118 the referendum approves the continuation of the independent 119 special district, the governing body of the special district 120 must conduct another referendum containing the ballot question 121 in subsection (3) held in conjunction with the general election 122 every 10 years thereafter until such time as the continuation of 123 the independent special district is no longer approved by a 124 majority vote of the qualified electors voting in the 125 referendum. 126 (b) If a majority of the qualified electors does not 127 approve the continuation of the independent special district, 128 the governing body of the district may not incur any additional 129 obligations or indebtedness, including the issuance of new bonds 130 or extending the maturity date of any outstanding bonds, other 131 than expenses incurred in the ordinary course of business. 132 Within 90 days after the date of such referendum, the governing 133 body of the district shall, by resolution, adopt a dissolution 134 plan that includes provisions for liquidating all of the 135 district’s assets, satisfying all of the district’s obligations 136 and indebtedness, ensuring the continuity of public services 137 provided by the district, and providing a date on which the 138 district will terminate its operations. The resolution must be 139 considered at a public meeting held specifically to consider the 140 dissolution plan which is not a regularly scheduled or emergency 141 meeting of the governing body of the independent special 142 district. The proposed dissolution plan must be posted on the 143 district’s official website at least 2 days before the meeting. 144 The adopted dissolution plan must be posted on the independent 145 special district’s official website within 30 days after 146 adoption and must remain on the website. The governing body of 147 the district shall submit its dissolution plan to the local 148 governing authority or authorities and to the department within 149 30 days after adoption. 150 (3) A referendum called pursuant to this section must 151 contain a ballot question in substantially the following form: 152 153 Should the independent special district known as the 154 (name of district), which has the authority to levy 155 each year an ad valorem tax not to exceed (maximum 156 millage approved by the voters) to fund (type of 157 service provided by district), be continued for 158 another 10 years? 159 .... YES 160 .... NO 161 162 (4) This section does not apply to a community development 163 district established pursuant to chapter 190, a water management 164 district created and operated pursuant to chapter 373, an inland 165 navigation district established pursuant to chapter 374, or an 166 independent special district created pursuant to a special act 167 that provides that any amendment to chapter 190 to grant 168 additional powers constitutes a power of that district. 169 Section 6. Subsections (1) and (2) of section 189.062, 170 Florida Statutes, are amended to read: 171 189.062 Special procedures for inactive districts.— 172 (1) The department shall declare inactive any special 173 district in this state by documenting that: 174 (a) The special district meets one of the following 175 criteria: 176 1. The registered agent of the district, the chair of the 177 governing body of the district, or the governing body of the 178 appropriate local general-purpose government notifies the 179 department in writing that the district has taken no action for 180 2 or more years; 181 2. The registered agent of the district, the chair of the 182 governing body of the district, or the governing body of the 183 appropriate local general-purpose government notifies the 184 department in writing that the district has not had a governing 185 body or a sufficient number of governing body members to 186 constitute a quorum for 2 or more years; 187 3. The registered agent of the district, the chair of the 188 governing body of the district, or the governing body of the 189 appropriate local general-purpose government fails to respond to 190 an inquiry by the department within 21 days; 191 4. The department determines, pursuant to s. 189.067, that 192 the district has failed to file any of the reports listed in s. 193 189.066; 194 5. The district has not had a registered office and agent 195 on file with the department for 1 or more years;or196 6. The governing body of a special district provides 197 documentation to the department that it has unanimously adopted 198 a resolution declaring the special district inactive. The 199 special district is responsible for payment of any expenses 200 associated with its dissolution;.201 7. The district is an independent special district or a 202 community redevelopment district created under part III of 203 chapter 163 which has reported no revenue, no expenditures, and 204 no debt under s. 189.016(9) or s. 218.32 for at least 5 205 consecutive fiscal years beginning no earlier than October 1, 206 2018. This subparagraph does not apply to a community 207 development district established under chapter 190 or to any 208 independent special district operating pursuant to a special act 209 that provides that any amendment to chapter 190 to grant 210 additional powers constitutes a power of that district; 211 8. The district has unresolved audit findings for three 212 consecutive annual financial audit reports performed pursuant to 213 s. 218.39; or 214 9. For a mosquito control district created pursuant to 215 chapter 388, the department has received notice from the 216 Department of Agriculture and Consumer Services that the 217 district has failed to file a tentative work plan and tentative 218 detailed work plan budget as required by s. 388.271. 219 (b) The department, special district, or local general 220 purpose government has published a notice of proposed 221 declaration of inactive status in a newspaper of general 222 circulation in the county or municipality in which the territory 223 of the special district is located and has sent a copy of such 224 notice by certified mail to the registered agent or chair of the 225 governing body, if any. If the special district is a dependent 226 special district with a governing body that is not identical to 227 the governing body of a single county or a single municipality, 228 a copy of such notice must also be sent by certified mail to the 229 governing body of the county or municipality on which the 230 district is dependent. Such notice must include the name of the 231 special district, the law under which it was organized and 232 operating, a general description of the territory included in 233 the special district, and a statement that any objections must 234 be filed pursuant to chapter 120 within 3021days after the 235 publication date. The objections may include that the special 236 district has outstanding debt obligations that are not included 237 in reports required under s. 189.016(9) or s. 218.32. 238 (c) ThirtyTwenty-onedays have elapsed from the 239 publication date of the notice of proposed declaration of 240 inactive status and no administrative appeals were filed. 241 (2) If any special district is declared inactive pursuant 242 to this section, the district may only expend funds as necessary 243 to service outstanding debt. The property or assets of the 244 special district are subject to legal process for payment of any 245 debts of the district. After the payment of all the debts of 246 said inactive special district, the remainder of its property or 247 assets mustshallescheat to the county or municipality wherein 248 located. If, however, it isshall benecessary, in order to pay 249 any such debt, to levy any tax or taxes on the property in the 250 territory or limits of the inactive special district, the same 251 may be assessed and levied by order of the local general-purpose 252 government wherein the same is situated and shall be assessed by 253 the county property appraiser and collected by the county tax 254 collector. 255 Section 7. Section 189.0694, Florida Statutes, is created 256 to read: 257 189.0694 Special districts; performance measures and 258 standards.— 259 (1) Beginning October 1, 2024, or by the end of the first 260 full fiscal year after its creation, whichever is later, each 261 special district shall establish goals and objectives for each 262 program and activity undertaken by the district, as well as 263 performance measures and standards to determine whether the 264 district’s goals and objectives are being achieved. 265 (2) By October 1 of each year thereafter, each special 266 district shall publish an annual report on the district’s 267 website describing: 268 (a) The goals and objectives achieved by the district, as 269 well as the performance measures and standards used by the 270 district to make this determination. 271 (b) Any goals or objectives the district failed to achieve. 272 Section 8. Subsection (3) of section 189.0695, Florida 273 Statutes, is amended to read: 274 189.0695 Independent special districts; performance 275 reviews.— 276 (3) The Office of Program Policy Analysis and Government 277 Accountability shallmustconduct a performance review of all 278 independent special districts within the classifications 279 described in paragraphs (a),and(b), and (c) and may contract 280 as needed to complete the requirements of this subsection. The 281 Office of Program Policy Analysis and Government Accountability 282 shall submit the final report of the performance review to the 283 President of the Senate and the Speaker of the House of 284 Representatives as follows: 285 (a) For all independent mosquito control districts as 286 defined in s. 388.011, no later than September 30, 2023. 287 (b) For all soil and water conservation districts as 288 defined in s. 582.01, no later than September 30, 2024. 289 (c) For all safe neighborhood improvement districts as 290 defined in s. 163.503(1), no later than September 30, 2025. 291 Section 9. Subsection (10) of section 189.016, Florida 292 Statutes, is amended to read: 293 189.016 Reports; budgets; audits.— 294 (10) All reports or information required to be filed with a 295 local general-purpose government or governing authority under 296 ss. 189.014, 189.015, 189.0313, and 189.08 and subsection (8) 297 must: 298 (a) If the local general-purpose government or governing 299 authority is a county, be filed with the clerk of the board of 300 county commissioners. 301 (b) If the district is a multicounty district, be filed 302 with the clerk of the county commission in each county. 303 (c) If the local general-purpose government or governing 304 authority is a municipality, be filed at the place designated by 305 the municipal governing body. 306 Section 10. Paragraph (a) of subsection (1) of section 307 190.005, Florida Statutes, is amended to read: 308 190.005 Establishment of district.— 309 (1) The exclusive and uniform method for the establishment 310 of a community development district with a size of 2,500 acres 311 or more shall be pursuant to a rule, adopted under chapter 120 312 by the Florida Land and Water Adjudicatory Commission, granting 313 a petition for the establishment of a community development 314 district. 315 (a) A petition for the establishment of a community 316 development district mustshallbe filed by the petitioner with 317 the Florida Land and Water Adjudicatory Commission. The petition 318 mustshallcontain: 319 1. A metes and bounds description of the external 320 boundaries of the district. Any real property within the 321 external boundaries of the district which is to be excluded from 322 the district mustshallbe specifically described, and the last 323 known address of all owners of such real property mustshallbe 324 listed. The petition mustshallalso address the impact of the 325 proposed district on any real property within the external 326 boundaries of the district which is to be excluded from the 327 district. 328 2. The written consent to the establishment of the district 329 by all landowners whose real property is to be included in the 330 district or documentation demonstrating that the petitioner has 331 control by deed, trust agreement, contract, or option of 100 332 percent of the real property to be included in the district, and 333 when real property to be included in the district is owned by a 334 governmental entity and subject to a ground lease as described 335 in s. 190.003(14), the written consent by such governmental 336 entity. 337 3. A designation of five persons to be the initial members 338 of the board of supervisors, who shall serve in that office 339 until replaced by elected members as provided in s. 190.006. 340 4. The proposed name of the district. 341 5. A map of the proposed district showing current major 342 trunk water mains and sewer interceptors and outfalls if in 343 existence. 344 6. Based upon available data, the proposed timetable for 345 construction of the district services and the estimated cost of 346 constructing the proposed services. These estimates mustshall347 be submitted in good faith but are not binding and may be 348 subject to change. 349 7. A designation of the future general distribution, 350 location, and extent of public and private uses of land proposed 351 for the area within the district by the future land use plan 352 element of the effective local government comprehensive plan of 353 which all mandatory elements have been adopted by the applicable 354 general-purpose local government in compliance with the 355 Community Planning Act. 356 8. A statement of estimated regulatory costs in accordance 357 with the requirements of s. 120.541. 358 9. A sworn affidavit, signed by the petitioner, attesting 359 that the planned development of the proposed district will 360 contain sufficient residential units for at least 250 qualified 361 electors within a proposed district of 5,000 acres or less, or 362 at least 500 qualified electors within a proposed district 363 exceeding 5,000 acres or a compact, urban, mixed-use district. 364 Section 11. Subsection (3) is added to section 191.013, 365 Florida Statutes, to read: 366 191.013 Intergovernmental coordination.— 367 (3) By October 1 of each year, each independent special 368 fire control district shall report to the Division of State Fire 369 Marshal regarding whether each of the district’s firefighters 370 and volunteer firefighters have completed the required trainings 371 and received the required certifications established by the 372 division pursuant to s. 633.408. 373 Section 12. Subsection (1) of section 388.271, Florida 374 Statutes, is amended, and subsection (3) is added to that 375 section, to read: 376 388.271 Prerequisites to participation.— 377 (1) When state funds are involved, it is the duty of the 378 department to guide, review, approve, and coordinate the 379 activities of all county governments and special districts 380 receiving state funds in furtherance of the goal of integrated 381 arthropod control. Each countyor districteligible to 382 participatehereundermay, and each district must, begin 383 participation on October 1 of any year by filing with the 384 department not later than July 15 a tentative work plan and 385 tentative detailed work plan budget providing for the control of 386 arthropods. Following approval of the plan and budget by the 387 department, two copies of the county’s or district’s certified 388 budget based on the approved work plan and detailed work plan 389 budget mustshallbe submitted to the department by September 30 390 following. State funds, supplies, and services mustshallbe 391 made available to such county or district by and through the 392 department immediately upon release of funds by the Executive 393 Office of the Governor. 394 (3) If a special district fails to submit a tentative work 395 plan and tentative detailed work plan budget as required by 396 subsection (1), the department must send notice of such failure 397 to the Department of Commerce within 30 days. 398 Section 13. Paragraph (c) of subsection (2) of section 399 388.46, Florida Statutes, is amended to read: 400 388.46 Florida Coordinating Council on Mosquito Control; 401 establishment; membership; organization; responsibilities.— 402 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.— 403 (c) Responsibilities.—The council shall: 404 1. Develop and implement guidelines to assist the 405 department in resolving disputes arising over the control of 406 arthropods on publicly owned lands. 407 2. Develop and recommend to the department a request for 408 proposal process for arthropod control research. 409 3. Identify potential funding sources for research or 410 implementation projects and evaluate and prioritize proposals 411 upon request by the funding source. 412 4. Prepare and present reports, as needed, on arthropod 413 control activities in the state to other governmental 414 organizations, as appropriate. 415 5. By August 30, 2024, develop model goals, objectives, and 416 performance measures and standards to assist mosquito control 417 districts in conducting performance monitoring pursuant to s. 418 189.0694. 419 Section 14. This act shall take effect July 1, 2024.