Bill Text: FL S1518 | 2014 | Regular Session | Introduced
Bill Title: Special Districts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Commerce and Tourism [S1518 Detail]
Download: Florida-2014-S1518-Introduced.html
Florida Senate - 2014 SB 1518
By Senator Bradley
7-00948-14 20141518__
1 A bill to be entitled
2 An act relating to special districts; amending s.
3 189.412, F.S.; requiring the Department of Economic
4 Opportunity to publish certain information on its
5 website with respect to special districts; creating
6 part II of ch. 190, F.S., relating to the conversion
7 of water control districts to community development
8 districts; authorizing the governing board of a water
9 control district to conduct a referendum on the
10 question of whether the district may exercise certain
11 special powers of a community development district;
12 providing referendum requirements and procedures;
13 providing referendum notice requirements; providing
14 for special act, upon referendum approval, to codify
15 special powers in the charter of the water control
16 district and provide for conversion of the district to
17 a community development district; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (9) is added to section 189.412,
23 Florida Statutes, to read:
24 189.412 Special District Information Program; duties and
25 responsibilities.—The Special District Information Program of
26 the Department of Economic Opportunity is created and has the
27 following special duties:
28 (9) The collection and maintenance of each special
29 district’s charter, which shall be made available to the public
30 on the department’s website.
31 Section 2. Chapter 190, Florida Statutes, consisting of
32 sections 190.001 through 190.049, is designated as part I of
33 that chapter, and part II, consisting of sections 190.10 through
34 190.13, is created to read:
35 PART II
36 CONVERSION OF WATER CONTROL DISTRICTS
37 190.10 Special powers; authorization for water control
38 district to conduct referendum.—
39 (1) The governing board of a water control district
40 established under chapter 298, or established by special act
41 that incorporates the powers of chapter 298, is authorized to
42 conduct a referendum on the question of whether the district may
43 exercise one or more of the special powers of a community
44 development district relating to public improvements and
45 community facilities authorized by s. 190.012. The governing
46 board of a water control district may initiate a referendum by
47 adoption of a resolution at a regularly scheduled board meeting
48 called to determine whether to conduct the referendum. The
49 resolution must establish the date of the referendum and specify
50 the special powers that the governing board requests
51 authorization to exercise.
52 (2) If a majority of the governing board is elected on a
53 parcel or acreage basis, the referendum election shall be
54 conducted by the governing board on a parcel or acreage basis,
55 in which case, the election results shall be certified and
56 confirmed by an independent forensic auditor.
57 (3) If a majority of the governing board is popularly
58 elected, the referendum election shall be conducted by the
59 supervisor of elections pursuant to ss. 101.6101-101.6107 by
60 mail ballot of the registered electors residing in the district.
61 The costs of the election shall be paid by the district
62 conducting the referendum.
63 190.11 Referendum requirements and procedures.—
64 (1) Each referendum question shall be in substantially the
65 following form:
66
67 REFERENDUM AUTHORIZING THE ...(district name)..._WATER CONTROL
68 DISTRICT TO EXERCISE CERTAIN SPECIAL POWERS
69
70 Shall the ...(district name)... water control district
71 be authorized to exercise the following special powers
72 within the jurisdiction of the district:
73
74 ...(List special powers to be exercised)...
75
76 Yes.... No....
77
78 (2) Before conducting a referendum, the governing board of
79 the water control district must provide public notice of the
80 referendum in a newspaper of general circulation in the county
81 in which the district is located. If the district is located in
82 more than one county, the notice shall be provided in a
83 newspaper of general circulation in each county in which the
84 district is located. The notice shall be published twice, once
85 in the fifth week and once in the second week before the
86 referendum election.
87 190.12 Effect of referendum.—If a majority of the acres or
88 parcels voted or a majority of the electors voting, as
89 applicable:
90 (1) Approve the referendum question, following
91 certification of the referendum results, the governing board of
92 the water control district may begin exercising the special
93 powers approved by the referendum.
94 (2) Disapprove the referendum question, the governing board
95 may not exercise the requested special powers and is prohibited
96 from calling a subsequent referendum on the question of
97 exercising those special powers for 5 years after the date of
98 the referendum.
99 190.13 Codification; conversion to community development
100 district.—At the next regular session of the Legislature
101 occurring at least 6 months after approval of a referendum
102 authorizing a water control district to exercise special powers
103 of a community development district, the district shall submit a
104 local bill to the Legislature codifying in the district’s
105 charter the special powers approved by the referendum and
106 reestablishing the district as a community development district.
107 Upon the effective date of such special act of the Legislature,
108 the water control district is converted to a community
109 development district and shall be governed by this part and the
110 district’s special act.
111 Section 3. This act shall take effect July 1, 2014.
