Bill Text: FL S1388 | 2015 | Regular Session | Engrossed
Bill Title: Special Districts
Spectrum: Bipartisan Bill
Status: (Failed) 2015-04-28 - Died in Messages [S1388 Detail]
Download: Florida-2015-S1388-Engrossed.html
CS for SB 1388 First Engrossed
20151388e1
1 A bill to be entitled
2 An act relating to special districts; amending s.
3 11.40, F.S.; conforming cross-references; amending s.
4 189.011, F.S.; revising legislative intent with
5 respect to the Uniform Special District Accountability
6 Act to include independent and dependent special
7 districts; amending s. 189.016, F.S., deleting a
8 provision requiring a special district to transmit
9 certain budgets to the local government instead of
10 posting such information on the special district’s
11 website under specific circumstances; specifying the
12 period in which certain budget information must be
13 posted on the special district’s website; amending s.
14 189.02, F.S.; specifying the Legislature’s authority
15 to create dependent special districts by special act;
16 creating s. 189.022, F.S.; requiring a newly created
17 dependent special district, and authorizing an
18 existing dependent special district, to identify the
19 district as dependent in its charter; amending s.
20 189.031, F.S.; requiring a newly created independent
21 special district, and authorizing an existing
22 independent special district, to identify the district
23 as independent in its charter; transferring,
24 renumbering, and amending ss. 189.034 and 189.035,
25 F.S., deleting provisions requiring that special
26 districts created by special act provide specified
27 information to the Legislative Auditing Committee or
28 requiring that special districts created by local
29 ordinance provide specified information to the local
30 general-purpose government, to conform; deleting
31 related provisions requiring the Legislative Auditing
32 Committee to provide certain notice to the Legislature
33 or local general-purpose government, as appropriate,
34 when a special district fails to file certain required
35 reports or requested information, to conform; amending
36 s. 189.061, F.S.; conforming provisions; amending s.
37 189.062, F.S.; making technical changes; amending s.
38 189.064, F.S.; revising the required content of the
39 special district handbook; creating s. 189.0653, F.S.;
40 requiring special districts created by special act or
41 local ordinance to provide specified information to
42 the Legislative Auditing Committee or local general
43 purpose government, as appropriate; amending s.
44 189.067, F.S.; conforming cross-references; amending
45 s. 189.068, F.S.; specifying that local general
46 purpose governments may review certain special
47 districts; conforming cross-references; amending s.
48 189.069, F.S.; deleting a cross-reference, to conform;
49 revising the list of items required to be included on
50 the websites of special districts; reenacting ss.
51 165.0615(16) and 189.074(2)(e) and (3)(g), F.S.,
52 relating to municipal conversion of independent
53 special districts upon elector-initiated and approved
54 referendum and the voluntary merger of independent
55 special districts, respectively, to incorporate the
56 amendment made by the act to s. 189.016, F.S., in
57 references thereto; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Paragraph (b) of subsection (2) of section
62 11.40, Florida Statutes, is amended to read:
63 11.40 Legislative Auditing Committee.—
64 (2) Following notification by the Auditor General, the
65 Department of Financial Services, or the Division of Bond
66 Finance of the State Board of Administration of the failure of a
67 local governmental entity, district school board, charter
68 school, or charter technical career center to comply with the
69 applicable provisions within s. 11.45(5)-(7), s. 218.32(1), s.
70 218.38, or s. 218.503(3), the Legislative Auditing Committee may
71 schedule a hearing to determine if the entity should be subject
72 to further state action. If the committee determines that the
73 entity should be subject to further state action, the committee
74 shall:
75 (b) In the case of a special district created by:
76 1. A special act, notify the President of the Senate, the
77 Speaker of the House of Representatives, the standing committees
78 of the Senate and the House of Representatives charged with
79 special district oversight as determined by the presiding
80 officers of each respective chamber, the legislators who
81 represent a portion of the geographical jurisdiction of the
82 special district pursuant to s. 189.034(2), and the Department
83 of Economic Opportunity that the special district has failed to
84 comply with the law. Upon receipt of notification, the
85 Department of Economic Opportunity shall proceed pursuant to s.
86 189.062 or s. 189.067. If the special district remains in
87 noncompliance after the process set forth in s. 189.0651(2)
88 189.034(3), or if a public hearing is not held, the Legislative
89 Auditing Committee may request the department to proceed
90 pursuant to s. 189.067(3).
91 2. A local ordinance, notify the chair or equivalent of the
92 local general-purpose government pursuant to s. 189.035(2) and
93 the Department of Economic Opportunity that the special district
94 has failed to comply with the law. Upon receipt of notification,
95 the department shall proceed pursuant to s. 189.062 or s.
96 189.067. If the special district remains in noncompliance after
97 the process set forth in s. 189.0652(2) 189.034(3), or if a
98 public hearing is not held, the Legislative Auditing Committee
99 may request the department to proceed pursuant to s. 189.067(3).
100 3. Any manner other than a special act or local ordinance,
101 notify the Department of Economic Opportunity that the special
102 district has failed to comply with the law. Upon receipt of
103 notification, the department shall proceed pursuant to s.
104 189.062 or s. 189.067(3).
105 Section 2. For the purpose of incorporating the amendment
106 made by this act to section 189.016, Florida Statutes, in a
107 reference thereto, subsection (16) of section 165.0615, Florida
108 Statutes, is reenacted to read:
109 165.0615 Municipal conversion of independent special
110 districts upon elector-initiated and approved referendum.—
111 (16) If the incorporation plan is approved by a majority of
112 the votes cast in the independent special district, the district
113 shall notify the special district accountability program
114 pursuant to s. 189.016(2) and the local general-purpose
115 governments in which any part of the independent special
116 district is situated pursuant to s. 189.016(7).
117 Section 3. Subsection (2) of section 189.011, Florida
118 Statutes, is amended to read:
119 189.011 Statement of legislative purpose and intent.—
120 (2) The Legislature finds that special districts serve a
121 necessary and useful function by providing services to residents
122 and property in the state. The Legislature finds further that
123 special districts operate to serve a public purpose and that
124 this is best secured by certain minimum standards of
125 accountability designed to inform the public and appropriate
126 local general-purpose governments of the status and activities
127 of special districts. It is the intent of the Legislature that
128 this public trust be secured by requiring each independent
129 special district in the state to register and report its
130 financial and other activities. The Legislature further finds
131 that failure of a an independent special district to comply with
132 the minimum disclosure requirements set forth in this chapter
133 may result in action against the special officers of such
134 district body.
135 Section 4. Subsections (4) and (7) of section 189.016,
136 Florida Statutes, are amended to read:
137 189.016 Reports; budgets; audits.—
138 (4) The tentative budget must be posted on the special
139 district’s official website at least 2 days before the budget
140 hearing, held pursuant to s. 200.065 or other law, to consider
141 such budget and must remain on the website for at least 45 days.
142 The final adopted budget must be posted on the special
143 district’s official website within 30 days after adoption and
144 must remain on the website for at least 2 years. If the special
145 district does not operate an official website, the special
146 district must, within a reasonable period of time as established
147 by the local general-purpose government or governments in which
148 the special district is located or the local governing authority
149 to which the district is dependent, transmit the tentative
150 budget or final budget to the manager or administrator of the
151 local general-purpose government or the local governing
152 authority. The manager or administrator shall post the tentative
153 budget or final budget on the website of the local general
154 purpose government or governing authority. This subsection and
155 subsection (3) do not apply to water management districts as
156 defined in s. 373.019.
157 (7) If the governing body of a special district amends the
158 budget pursuant to paragraph (6)(c), the adopted amendment must
159 be posted on the official website of the special district within
160 5 days after adoption and must remain on the website for at
161 least 2 years. If the special district does not operate an
162 official website, the special district must, within a reasonable
163 period of time as established by the local general-purpose
164 government or governments in which the special district is
165 located or the local governing authority to which the district
166 is dependent, transmit the adopted amendment to the manager or
167 administrator of the local general-purpose government or
168 governing authority. The manager or administrator shall post the
169 adopted amendment on the website of the local general-purpose
170 government or governing authority.
171 Section 5. Subsection (5) is added to section 189.02,
172 Florida Statutes, to read:
173 189.02 Dependent special districts.—
174 (5) The Legislature may create dependent special districts
175 by special act at the request or with the consent of the local
176 government upon which it is dependent.
177 Section 6. Section 189.022, Florida Statutes, is created to
178 read:
179 189.022 Status statement.—The charter of a newly created
180 dependent special district shall contain, and where practical
181 and feasible, the charter of an existing dependent special
182 district shall be amended to contain, a reference to the status
183 of the special district as dependent. When necessary, the status
184 statement shall be amended to conform to the department’s
185 determination or declaratory statement regarding the status of
186 the district.
187 Section 7. Subsection (5) of section 189.031, Florida
188 Statutes, is amended to read:
189 189.031 Legislative intent for the creation of independent
190 special districts; special act prohibitions; model elements and
191 other requirements; local general-purpose government/Governor
192 and Cabinet creation authorizations.—
193 (5) STATUS STATEMENT.—After October 1, 1997, The charter of
194 a any newly created independent special district shall contain,
195 and, where as practical and feasible, the charter of an existing
196 independent a preexisting special district shall be amended to
197 contain, a reference to the status of the special district as
198 dependent or independent. When necessary, the status statement
199 shall be amended to conform to with the department’s
200 determination or declaratory statement regarding the status of
201 the district.
202 Section 8. Section 189.034, Florida Statutes, is
203 transferred, renumbered as section 189.0651, Florida Statutes,
204 and amended to read:
205 189.0651 189.034 Oversight of special districts created by
206 special act of the Legislature.—
207 (1) This section applies to any special district created by
208 special act of the Legislature.
209 (2) If a special district fails to file required reports or
210 requested information under s. 11.45(7), s. 218.32, s. 218.39,
211 or s. 218.503(3), with the appropriate state agency or office,
212 the Legislative Auditing Committee or its designee shall provide
213 written notice of the district’s noncompliance to the President
214 of the Senate, the Speaker of the House of Representatives, the
215 standing committees of the Senate and the House of
216 Representatives charged with special district oversight as
217 determined by the presiding officers of each respective chamber,
218 and the legislators who represent a portion of the geographical
219 jurisdiction of the special district.
220 (2)(3) The Legislative Auditing Committee may convene a
221 public hearing on the issue of noncompliance, as well as general
222 oversight of the special district as provided in s. 189.068, at
223 the direction of the President of the Senate and the Speaker of
224 the House of Representatives.
225 (4) Before the public hearing as provided in subsection
226 (3), the special district shall provide the following
227 information at the request of the Legislative Auditing
228 Committee:
229 (a) The district’s annual financial report for the prior
230 fiscal year.
231 (b) The district’s audit report for the previous fiscal
232 year.
233 (c) An annual report for the previous fiscal year providing
234 a detailed review of the performance of the special district,
235 including the following information:
236 1. The purpose of the special district.
237 2. The sources of funding for the special district.
238 3. A description of the major activities, programs, and
239 initiatives the special district undertook in the most recently
240 completed fiscal year and the benchmarks or criteria under which
241 the success or failure of the district was determined by its
242 governing body.
243 4. Any challenges or obstacles faced by the special
244 district in fulfilling its purpose and related responsibilities.
245 5. Ways the special district believes it could better
246 fulfill its purpose and related responsibilities and a
247 description of the actions that it intends to take during the
248 ensuing fiscal year.
249 6. Proposed changes to the special act that established the
250 special district and justification for such changes.
251 7. Any other information reasonably required to provide the
252 Legislative Auditing Committee with an accurate understanding of
253 the purpose for which the special district exists and how it is
254 fulfilling its responsibilities to accomplish that purpose.
255 8. Any reasons for the district’s noncompliance.
256 9. Whether the district is currently in compliance.
257 10. Plans to correct any recurring issues of noncompliance.
258 11. Efforts to promote transparency, including maintenance
259 of the district’s website in accordance with s. 189.069.
260 Section 9. Section 189.035, Florida Statutes, is
261 transferred, renumbered as section 189.0652, Florida Statutes,
262 and amended to read:
263 189.0652 189.035 Oversight of special districts created by
264 local ordinance or enacted by local resolution.—
265 (1) This section applies to any special district created by
266 local ordinance or enacted by local resolution.
267 (2) If a special district fails to file required reports or
268 requested information under s. 11.45(7), s. 218.32, s. 218.39,
269 or s. 218.503(3) with the appropriate state agency or office,
270 the Legislative Auditing Committee or its designee shall provide
271 written notice of the district’s noncompliance to the chair or
272 equivalent of the local general-purpose government.
273 (2)(3) The chair or equivalent of the local general-purpose
274 government may convene a public hearing on the issue of
275 noncompliance, as well as general oversight of the special
276 district as provided in s. 189.068, within 3 months after
277 receipt of notice of noncompliance from the Legislative Auditing
278 Committee. Within 30 days after receiving written notice of
279 noncompliance, the local general-purpose government shall notify
280 the Legislative Auditing Committee as to whether a hearing under
281 this section will be held and, if so, provide the date, time,
282 and place of the hearing.
283 (4) Before the public hearing as provided in subsection
284 (3), the special district shall provide the following
285 information at the request of the local general-purpose
286 government:
287 (a) The district’s annual financial report for the previous
288 fiscal year.
289 (b) The district’s audit report for the previous fiscal
290 year.
291 (c) An annual report for the previous fiscal year, which
292 must provide a detailed review of the performance of the special
293 district and include the following information:
294 1. The purpose of the special district.
295 2. The sources of funding for the special district.
296 3. A description of the major activities, programs, and
297 initiatives the special district undertook in the most recently
298 completed fiscal year and the benchmarks or criteria under which
299 the success or failure of the district was determined by its
300 governing body.
301 4. Any challenges or obstacles faced by the special
302 district in fulfilling its purpose and related responsibilities.
303 5. Ways in which the special district believes that it
304 could better fulfill its purpose and related responsibilities
305 and a description of the actions that it intends to take during
306 the ensuing fiscal year.
307 6. Proposed changes to the ordinance or resolution that
308 established the special district and justification for such
309 changes.
310 7. Any other information reasonably required to provide the
311 reviewing entity with an accurate understanding of the purpose
312 for which the special district exists and how it is fulfilling
313 its responsibilities to accomplish that purpose.
314 8. Any reasons for the district’s noncompliance.
315 9. Whether the district is currently in compliance.
316 10. Plans to correct any recurring issues of noncompliance.
317 11. Efforts to promote transparency, including maintenance
318 of the district’s website in accordance with s. 189.069.
319 (3)(5) If the local general-purpose government convenes a
320 public hearing under s. 189.0652(2) this section, it shall
321 provide the department and the Legislative Auditing Committee
322 with a report containing its findings and conclusions within 60
323 days after completion of the public hearing.
324 Section 10. Section 189.061, Florida Statutes, is amended
325 to read:
326 189.061 Official list of special districts.—
327 (1) The department shall maintain the official list of
328 special districts. The official list of special districts shall
329 include all special districts in this state and shall indicate
330 the independent or dependent status of each district. All
331 special districts on the list shall be sorted by county. The
332 definitions in s. 189.012 shall be the criteria for
333 determination of the independent or dependent status of each
334 special district on the official list. The status of community
335 development districts shall be independent on the official list
336 of special districts.
337 (2) The official list shall be produced by the department
338 after the department has notified each special district that is
339 currently reporting to the department, the Department of
340 Financial Services pursuant to s. 218.32, or the Auditor General
341 pursuant to s. 218.39. Upon notification, each special district
342 shall submit, within 60 days, its determination of its status.
343 If a special district does not submit its status to the
344 department within 60 days, the department may determine the
345 status of that district. After such determination of status is
346 completed, the department shall render the determination to an
347 agent of the special district. The determination submitted by a
348 special district shall be consistent with the status reported in
349 the most recent local government audit of district activities
350 submitted to the Auditor General pursuant to s. 218.39.
351 (3) The Department of Financial Services shall provide the
352 department with a list of dependent special districts reporting
353 pursuant to s. 218.32 for inclusion on the official list of
354 special districts.
355 (4) If a special district does not submit its status to the
356 department within the required time period, then the department
357 shall have the authority to determine the status of said
358 district. After such determination of status is completed, the
359 department shall render the determination to an agent of the
360 special district.
361 (4)(5) The official list of special districts shall be
362 available on the department’s website and must include a link to
363 the website of each special district that provides web-based
364 access to the public of the information and documentation
365 required under s. 189.069.
366 (5)(6) The official list of special districts or the
367 determination of status does not constitute final agency action
368 pursuant to chapter 120. If the status of a special district on
369 the official list is inconsistent with the status submitted by
370 the district, the district may request the department to issue a
371 declaratory statement setting forth the requirements necessary
372 to resolve the inconsistency. If necessary, upon issuance of a
373 declaratory statement by the department which is not appealed
374 pursuant to chapter 120, the governing body of any special
375 district receiving such a declaratory statement shall apply to
376 the entity which originally established the district for an
377 amendment to its charter correcting the specified defects in its
378 original charter. This amendment shall be for the sole purpose
379 of resolving inconsistencies between a district charter and the
380 status of a district as it appears on the official list.
381 Section 11. Subsection (1) of section 189.062, Florida
382 Statutes, is amended to read:
383 189.062 Special procedures for inactive districts.—
384 (1) The department shall declare inactive any special
385 district in this state by documenting that:
386 (a) The special district meets one of the following
387 criteria:
388 1. The registered agent of the district, the chair of the
389 governing body of the district, or the governing body of the
390 appropriate local general-purpose government notifies the
391 department in writing that the district has taken no action for
392 2 or more years;
393 2. The registered agent of the district, the chair of the
394 governing body of the district, or the governing body of the
395 appropriate local general-purpose government notifies the
396 department in writing that the district has not had a governing
397 body or a sufficient number of governing body members to
398 constitute a quorum for 2 or more years;
399 3. The registered agent of the district, the chair of the
400 governing body of the district, or the governing body of the
401 appropriate local general-purpose government fails to respond to
402 an inquiry by the department within 21 days;
403 4. The department determines, pursuant to s. 189.067, that
404 the district has failed to file any of the reports listed in s.
405 189.066;
406 5. The district has not had a registered office and agent
407 on file with the department for 1 or more years; or
408 6. The governing body of a special district provides
409 documentation to the department that it has unanimously adopted
410 a resolution declaring the special district inactive. The
411 special district is shall be responsible for payment of any
412 expenses associated with its dissolution. A special district
413 declared inactive pursuant to this subparagraph may be dissolved
414 without a referendum; or
415 (b) The department, special district, or local general
416 purpose government published a notice of proposed declaration of
417 inactive status in a newspaper of general circulation in the
418 county or municipality in which the territory of the special
419 district is located and sent a copy of such notice by certified
420 mail to the registered agent or chair of the governing body, if
421 any. Such notice must include the name of the special district,
422 the law under which it was organized and operating, a general
423 description of the territory included in the special district,
424 and a statement that any objections must be filed pursuant to
425 chapter 120 within 21 days after the publication date; and
426 (c) Twenty-one days have elapsed from the publication date
427 of the notice of proposed declaration of inactive status and no
428 administrative appeals were filed.
429 Section 12. Subsections (1), (2), and (3) of section
430 189.064, Florida Statutes, are amended to read:
431 189.064 Special District Accountability Program; duties and
432 responsibilities.—The Special District Accountability Program of
433 the department has the following duties:
434 (1) Electronically publishing special district
435 noncompliance status reports from the Department of Management
436 Services, the Department of Financial Services, the Division of
437 Bond Finance of the State Board of Administration, the Auditor
438 General, and the Legislative Auditing Committee, for the
439 reporting required in ss. 112.63, 218.32, 218.38, and 218.39.
440 The noncompliance reports must list those special districts that
441 did not comply with the statutory reporting requirements and be
442 made available to the public electronically.
443 (2) Maintaining the official list of special districts as
444 set forth in s. 189.061.
445 (3) Publishing and updating of a “Florida Special District
446 Handbook” that contains, at a minimum:
447 (a) A section that specifies definitions of special
448 districts and status distinctions in the statutes.
449 (b) A section or sections that specify current statutory
450 provisions for special district creation, implementation,
451 modification, dissolution, and operating procedures.
452 (c) A section that summarizes the reporting requirements
453 applicable to all types of special districts as provided in ss.
454 189.015 and 189.016.
455 (d) A section that summarizes the public facilities
456 reporting requirements and the evaluation and appraisal
457 notification schedule as provided in s. 189.08(2).
458 Section 13. Section 189.0653, Florida Statutes, is created
459 to read:
460 189.0653 Public hearing on noncompliance.—Before the public
461 hearing as provided in s. 189.0651(2) or s. 189.0652(2) is held,
462 the special district shall provide the following information at
463 the request of the local general-purpose government or the
464 Legislative Auditing Committee, as appropriate:
465 (1) The district’s annual financial report for the previous
466 fiscal year.
467 (2) The district’s audit report for the previous fiscal
468 year.
469 (3) Minutes of meetings of the special district’s governing
470 body for the previous fiscal year and the current fiscal year to
471 date.
472 (4) A report for the previous fiscal year providing the
473 following information:
474 (a) The purpose of the special district.
475 (b) The sources of funding for the special district.
476 (c) A description of the major activities, programs, and
477 initiatives that the special district undertook in the most
478 recently completed fiscal year and the benchmarks or criteria
479 under which the success or failure of the district was or will
480 be determined by its governing body.
481 (d) Any challenges or obstacles faced by the special
482 district in fulfilling its purpose and related responsibilities.
483 (e) Ways in which the special district’s governing body
484 believes that it could better fulfill the special district’s
485 purpose and a description of the actions that it intends to
486 take.
487 (f) Proposed changes to the special act, ordinance, or
488 resolution, as appropriate, which established the special
489 district and justification for such changes.
490 (g) Any other information reasonably required to provide
491 the reviewing entity with an accurate understanding of the
492 purpose of the special district and how the special district is
493 fulfilling that purpose.
494 (h) Any reasons for the district’s noncompliance resulting
495 in the public hearing.
496 (i) Whether the district is currently in compliance.
497 (j) Plans to correct any recurring issues of noncompliance.
498 (k) Efforts to promote transparency, including a statement
499 indicating whether the district’s website complies with s.
500 189.069.
501 Section 14. Subsection (2) of section 189.067, Florida
502 Statutes, is amended to read:
503 189.067 Failure of district to disclose financial reports.—
504 (2) Failure of a special district to comply with the
505 actuarial and financial reporting requirements under s. 112.63,
506 s. 218.32, or s. 218.39 after the procedures of subsection (1)
507 are exhausted shall be deemed final action of the special
508 district. The actuarial and financial reporting requirements are
509 declared to be essential requirements of law. Remedies for
510 noncompliance with ss. 218.32 and 218.39 shall be as provided in
511 ss. 189.0651 and 189.0652 ss. 189.034 and 189.035. Remedy for
512 noncompliance with s. 112.63 shall be as set forth in subsection
513 (4).
514 Section 15. Paragraphs (a), (b), and (c) of subsection (2)
515 of section 189.068, Florida Statutes, are amended to read:
516 189.068 Special districts; authority for oversight; general
517 oversight review process.—
518 (2) Special districts may be reviewed for general oversight
519 purposes under this section as follows:
520 (a) All special districts created by special act may be
521 reviewed by the Legislature using the public hearing process
522 provided in s. 189.0651(2) s. 189.034.
523 (b) All special districts created by local ordinance or
524 resolution may be reviewed by the local general-purpose
525 government that enacted the ordinance or resolution using the
526 public hearing process provided in s. 189.0652(2) s. 189.035.
527 (c) All dependent special districts not created by special
528 act may be reviewed by the local general-purpose government upon
529 to which they are dependent.
530 Section 16. Section 189.069, Florida Statutes, is amended
531 to read:
532 189.069 Special districts; required reporting of
533 information; web-based public access.—
534 (1) Beginning on October 1, 2015, or by the end of the
535 first full fiscal year after its creation, each special district
536 shall maintain an official Internet website containing the
537 information required by this section in accordance with s.
538 189.016. Special districts shall submit their official Internet
539 website addresses to the department.
540 (a) Independent special districts shall maintain a separate
541 Internet website.
542 (b) Dependent special districts shall be prominently
543 preeminently displayed on the home page of the Internet website
544 of the local general-purpose government upon which they are
545 dependent that created the special district with a hyperlink to
546 such webpages as are necessary to provide the information
547 required by this section. Dependent special districts may
548 maintain a separate Internet website providing the information
549 required by this section.
550 (2)(a) A special district shall post the following
551 information, at a minimum, on the district’s official website:
552 1. The full legal name of the special district.
553 2. The public purpose of the special district.
554 3. The name, address, e-mail address, and, if applicable,
555 the term and appointing authority for each member of the
556 governing body of the special district.
557 4. The fiscal year of the special district.
558 5. The full text of the special district’s charter, the
559 date of establishment, the establishing entity, and the statute
560 or statutes under which the special district operates, if
561 different from the statute or statutes under which the special
562 district was established. Community development districts may
563 reference chapter 190 as the uniform charter, but must include
564 information relating to any grant of special powers.
565 6. The mailing address, e-mail address, telephone number,
566 and Internet website uniform resource locator of the special
567 district.
568 7. A description of the boundaries or service area of, and
569 the services provided by, the special district.
570 8. A listing of all taxes, fees, assessments, or charges
571 imposed and collected by the special district, including the
572 rates or amounts for the fiscal year and the statutory authority
573 for the levy of the tax, fee, assessment, or charge. For
574 purposes of this subparagraph, charges do not include patient
575 charges by a hospital or other health care provider.
576 9. The primary contact information for the special district
577 for purposes of communication from the department.
578 10. A code of ethics adopted by the special district, if
579 applicable, and a hyperlink to generally applicable ethics
580 provisions.
581 11. The budget of the each special district, and any in
582 addition to amendments thereto in accordance with s. 189.016.
583 12. The final, complete audit report for the most recent
584 completed fiscal year, and audit reports required by law or
585 authorized by the governing body of the special district.
586 13. A listing of its regularly scheduled public meetings
587 for the year. The schedule must include the date, time, and
588 location of each such meeting.
589 14. The public facilities report, if applicable.
590 15. The link to the Department of Financial Services’
591 website as set forth in s. 218.32(1)(g).
592 (b) The department’s Internet website list of special
593 districts in the state required under s. 189.061 shall include a
594 link for each special district that provides web-based access to
595 the public for all information and documentation required for
596 submission to the department pursuant to subsection (1).
597 Section 17. For the purpose of incorporating the amendment
598 made by this act to section 189.016, Florida Statutes, in
599 references thereto, paragraph (e) of subsection (2) and
600 paragraph (g) of subsection (3) of section 189.074, Florida
601 Statutes, are reenacted to read:
602 189.074 Voluntary merger of independent special districts.
603 Two or more contiguous independent special districts created by
604 special act which have similar functions and elected governing
605 bodies may elect to merge into a single independent district
606 through the act of merging the component independent special
607 districts.
608 (2) JOINT MERGER PLAN BY RESOLUTION.—The governing bodies
609 of two or more contiguous independent special districts may, by
610 joint resolution, endorse a proposed joint merger plan to
611 commence proceedings to merge the districts pursuant to this
612 section.
613 (e) After the final public hearing, the governing bodies
614 shall notify the supervisors of elections of the applicable
615 counties in which district lands are located of the adoption of
616 the resolution by each governing body. The supervisors of
617 elections shall schedule a separate referendum for each
618 component independent special district. The referenda may be
619 held in each district on the same day, or on different days, but
620 no more than 20 days apart.
621 1. Notice of a referendum on the merger of independent
622 special districts must be provided pursuant to the notice
623 requirements in s. 100.342. At a minimum, the notice must
624 include:
625 a. A brief summary of the resolution and joint merger plan;
626 b. A statement as to where a copy of the resolution and
627 joint merger plan may be examined;
628 c. The names of the component independent special districts
629 to be merged and a description of their territory;
630 d. The times and places at which the referendum will be
631 held; and
632 e. Such other matters as may be necessary to call, provide
633 for, and give notice of the referendum and to provide for the
634 conduct thereof and the canvass of the returns.
635 2. The referenda must be held in accordance with the
636 Florida Election Code and may be held pursuant to ss. 101.6101
637 101.6107. All costs associated with the referenda shall be borne
638 by the respective component independent special district.
639 3. The ballot question in such referendum placed before the
640 qualified electors of each component independent special
641 district to be merged must be in substantially the following
642 form:
643
644 “Shall ...(name of component independent special
645 district)... and ...(name of component independent special
646 district or districts)... be merged into ...(name of newly
647 merged independent district)...?
648
649 ....YES
650 ....NO”
651
652 4. If the component independent special districts proposing
653 to merge have disparate millage rates, the ballot question in
654 the referendum placed before the qualified electors of each
655 component independent special district must be in substantially
656 the following form:
657
658 “Shall ...(name of component independent special
659 district)... and ...(name of component independent special
660 district or districts)... be merged into ...(name of newly
661 merged independent district)... if the voter-approved maximum
662 millage rate within each independent special district will not
663 increase absent a subsequent referendum?
664
665 ....YES
666 ....NO”
667
668 5. In any referendum held pursuant to this section, the
669 ballots shall be counted, returns made and canvassed, and
670 results certified in the same manner as other elections or
671 referenda for the component independent special districts.
672 6. The merger may not take effect unless a majority of the
673 votes cast in each component independent special district are in
674 favor of the merger. If one of the component districts does not
675 obtain a majority vote, the referendum fails, and merger does
676 not take effect.
677 7. If the merger is approved by a majority of the votes
678 cast in each component independent special district, the merged
679 independent district is created. Upon approval, the merged
680 independent district shall notify the Special District
681 Accountability Program pursuant to s. 189.016(2) and the local
682 general-purpose governments in which any part of the component
683 independent special districts is situated pursuant to s.
684 189.016(7).
685 8. If the referendum fails, the merger process under this
686 subsection may not be initiated for the same purpose within 2
687 years after the date of the referendum.
688 (3) QUALIFIED ELECTOR-INITIATED MERGER PLAN.—The qualified
689 electors of two or more contiguous independent special districts
690 may commence a merger proceeding by each filing a petition with
691 the governing body of their respective independent special
692 district proposing to be merged. The petition must contain the
693 signatures of at least 40 percent of the qualified electors of
694 each component independent special district and must be
695 submitted to the appropriate component independent special
696 district governing body no later than 1 year after the start of
697 the qualified elector-initiated merger process.
698 (g) After the final public hearing, the governing bodies
699 shall notify the supervisors of elections of the applicable
700 counties in which district lands are located of the adoption of
701 the resolution by each governing body. The supervisors of
702 elections shall schedule a date for the separate referenda for
703 each district. The referenda may be held in each district on the
704 same day, or on different days, but no more than 20 days apart.
705 1. Notice of a referendum on the merger of the component
706 independent special districts must be provided pursuant to the
707 notice requirements in s. 100.342. At a minimum, the notice must
708 include:
709 a. A brief summary of the resolution and elector-initiated
710 merger plan;
711 b. A statement as to where a copy of the resolution and
712 petition for merger may be examined;
713 c. The names of the component independent special districts
714 to be merged and a description of their territory;
715 d. The times and places at which the referendum will be
716 held; and
717 e. Such other matters as may be necessary to call, provide
718 for, and give notice of the referendum and to provide for the
719 conduct thereof and the canvass of the returns.
720 2. The referenda must be held in accordance with the
721 Florida Election Code and may be held pursuant to ss. 101.6101
722 101.6107. All costs associated with the referenda shall be borne
723 by the respective component independent special district.
724 3. The ballot question in such referendum placed before the
725 qualified electors of each component independent special
726 district to be merged must be in substantially the following
727 form:
728
729 “Shall ...(name of component independent special
730 district)... and ...(name of component independent special
731 district or districts)... be merged into ...(name of newly
732 merged independent district)...?
733
734 ....YES
735 ....NO”
736
737 4. If the component independent special districts proposing
738 to merge have disparate millage rates, the ballot question in
739 the referendum placed before the qualified electors of each
740 component independent special district must be in substantially
741 the following form:
742
743 “Shall ...(name of component independent special
744 district)... and ...(name of component independent special
745 district or districts)... be merged into ...(name of newly
746 merged independent district)... if the voter-approved maximum
747 millage rate within each independent special district will not
748 increase absent a subsequent referendum?
749
750 ....YES
751 ....NO”
752
753 5. In any referendum held pursuant to this section, the
754 ballots shall be counted, returns made and canvassed, and
755 results certified in the same manner as other elections or
756 referenda for the component independent special districts.
757 6. The merger may not take effect unless a majority of the
758 votes cast in each component independent special district are in
759 favor of the merger. If one of the component independent special
760 districts does not obtain a majority vote, the referendum fails,
761 and merger does not take effect.
762 7. If the merger is approved by a majority of the votes
763 cast in each component independent special district, the merged
764 district shall notify the Special District Accountability
765 Program pursuant to s. 189.016(2) and the local general-purpose
766 governments in which any part of the component independent
767 special districts is situated pursuant to s. 189.016(7).
768 8. If the referendum fails, the merger process under this
769 subsection may not be initiated for the same purpose within 2
770 years after the date of the referendum.
771 Section 18. This act shall take effect October 1, 2015.
