Bill Text: FL S1750 | 2017 | Regular Session | Comm Sub

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Bill Title: Special Districts

Spectrum: Bipartisan Bill

Status: (Failed) 2017-05-05 - Died in Governmental Oversight and Accountability [S1750 Detail]

Download: Florida-2017-S1750-Comm_Sub.html

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       Florida Senate - 2017                             CS for SB 1750
       
       
        
       By the Committee on Community Affairs; and Senator Rodriguez
       
       
       
       
       
       578-03390-17                                          20171750c1
    1                        A bill to be entitled                      
    2         An act relating to special districts; amending s.
    3         189.069, F.S.; requiring a special district to post on
    4         its website all meeting minutes within a specified
    5         time and have the information remain on the website
    6         for a specified period; amending s. 190.046, F.S.;
    7         removing a filing fee paid to counties or
    8         municipalities under certain circumstances when
    9         petitions to contract the boundaries of a community
   10         development district are filed with the Florida Land
   11         and Water Adjudicatory Commission; conforming
   12         provisions to changes made by the act; authorizing the
   13         board of supervisors by majority vote to transfer its
   14         assets and operating and maintenance responsibilities
   15         to the private sector or to a certain local general
   16         purpose government if the district has no outstanding
   17         financial obligations; requiring the district to
   18         terminate upon such transfer, subject to certain
   19         requirements; providing for a referendum to dissolve
   20         the district, subject to certain requirements and
   21         restrictions; specifying requirements for the petition
   22         and the referendum; requiring the district to dissolve
   23         if a majority of the qualified voters approve the
   24         referendum, subject to certain requirements; providing
   25         an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (a) of subsection (2) of section
   30  189.069, Florida Statutes, is amended to read:
   31         189.069 Special districts; required reporting of
   32  information; web-based public access.—
   33         (2)(a) A special district shall post the following
   34  information, at a minimum, on the district’s official website:
   35         1. The full legal name of the special district.
   36         2. The public purpose of the special district.
   37         3. The name, official address, official e-mail address,
   38  and, if applicable, term and appointing authority for each
   39  member of the governing body of the special district.
   40         4. The fiscal year of the special district.
   41         5. The full text of the special district’s charter, the
   42  date of establishment, the establishing entity, and the statute
   43  or statutes under which the special district operates, if
   44  different from the statute or statutes under which the special
   45  district was established. Community development districts may
   46  reference chapter 190 as the uniform charter but must include
   47  information relating to any grant of special powers.
   48         6. The mailing address, e-mail address, telephone number,
   49  and website uniform resource locator of the special district.
   50         7. A description of the boundaries or service area of, and
   51  the services provided by, the special district.
   52         8. A listing of all taxes, fees, assessments, or charges
   53  imposed and collected by the special district, including the
   54  rates or amounts for the fiscal year and the statutory authority
   55  for the levy of the tax, fee, assessment, or charge. For
   56  purposes of this subparagraph, charges do not include patient
   57  charges by a hospital or other health care provider.
   58         9. The primary contact information for the special district
   59  for purposes of communication from the department.
   60         10. A code of ethics adopted by the special district, if
   61  applicable, and a hyperlink to generally applicable ethics
   62  provisions.
   63         11. The budget of the special district and any amendments
   64  thereto in accordance with s. 189.016.
   65         12. The final, complete audit report for the most recent
   66  completed fiscal year and audit reports required by law or
   67  authorized by the governing body of the special district.
   68         13. A listing of its regularly scheduled public meetings as
   69  required by s. 189.015(1).
   70         14. The public facilities report, if applicable.
   71         15. The link to the Department of Financial Services’
   72  website as set forth in s. 218.32(1)(g).
   73         16. At least 7 days before each meeting or workshop, the
   74  agenda of the event, along with any meeting materials available
   75  in an electronic format, excluding confidential and exempt
   76  information. The information must remain on the website for at
   77  least 1 year after the event.
   78         17. All meeting minutes, within 30 days after the minutes
   79  are approved by the governing board of the district. The
   80  information must remain on the website for at least 1 year after
   81  the event.
   82         Section 2. Paragraph (d) of subsection (1) and subsection
   83  (2) of section 190.046, Florida Statutes, are amended, and
   84  subsections (11) and (12) are added to that section, to read:
   85         190.046 Termination, contraction, or expansion of
   86  district.—
   87         (1) A landowner or the board may petition to contract or
   88  expand the boundaries of a community development district in the
   89  following manner:
   90         (d)1. For those districts initially established by
   91  administrative rule pursuant to s. 190.005(1), the petition
   92  shall be filed with the Florida Land and Water Adjudicatory
   93  Commission.
   94         2. Prior to filing the petition, the petitioner shall pay a
   95  filing fee of $1,500, to the county if the district or the land
   96  to be added to or deleted from the district is located within an
   97  unincorporated area or to the municipality if the district or
   98  the land to be added or deleted is located within an
   99  incorporated area, and to each municipality the boundaries of
  100  which are contiguous with or contain all or a portion of the
  101  land within or to be added to or deleted from the external
  102  boundaries of the district. The petitioner shall submit a copy
  103  of the petition to the same entities entitled to receive the
  104  filing fee. In addition, if the district is not the petitioner,
  105  the petitioner shall file the petition with the district board
  106  of supervisors.
  107         3. Each county and each municipality shall have the option
  108  of holding a public hearing as provided by s. 190.005(1)(c).
  109  However, the public hearing shall be limited to consideration of
  110  the contents of the petition and whether the petition for
  111  amendment should be supported by the county or municipality.
  112         4. The district board of supervisors shall, in lieu of a
  113  hearing officer, hold the local public hearing provided for by
  114  s. 190.005(1)(d). This local public hearing shall be noticed in
  115  the same manner as provided in s. 190.005(1)(d). Within 45 days
  116  of the conclusion of the hearing, the district board of
  117  supervisors shall transmit to the Florida Land and Water
  118  Adjudicatory Commission the full record of the local hearing,
  119  the transcript of the hearing, any resolutions adopted by the
  120  local general-purpose governments, and its recommendation
  121  whether to grant the petition for amendment. The commission
  122  shall then proceed in accordance with s. 190.005(1)(e).
  123         5. A rule amending a district boundary shall describe the
  124  land to be added or deleted.
  125         (2) The district shall remain in existence unless:
  126         (a) The district is merged with another district as
  127  provided in subsection (3) or subsection (4);
  128         (b) All of the specific community development systems,
  129  facilities, and services that it is authorized to perform have
  130  been transferred to a general-purpose unit of local government
  131  in the manner provided in subsections (5), (6), and (7); or
  132         (c) All of the specific community development systems,
  133  facilities, and services that it is authorized to perform have
  134  been transferred to the private sector or a general-purpose unit
  135  of local government as provided in subsection (11); or
  136         (d)(c) The district is dissolved as provided in subsection
  137  (8), subsection (9), or subsection (10), or subsection (12).
  138         (11) If a district has no outstanding financial
  139  obligations, the board of supervisors by majority vote may
  140  transfer its assets and operating and maintenance
  141  responsibilities to the private sector or to the local general
  142  purpose government within the geographical boundaries of the
  143  district. Upon the transfer of all of the community development
  144  assets and services, the district shall be terminated in
  145  accordance with a plan of termination which shall be adopted by
  146  the board of supervisors and filed with the clerk of the circuit
  147  court.
  148         (12)(a) A referendum to dissolve the district must be held
  149  if a petition containing the signatures of 40 percent of the
  150  qualified electors within the district or 20 percent of the
  151  landowners within the district is presented to the board of
  152  supervisors. The petition must state that it is for the purpose
  153  of calling a referendum to determine whether the district should
  154  be dissolved. A referendum may only occur once in a 12-month
  155  period and only after a district has existed for 2 or more
  156  years.
  157         (b) Upon receipt of the petition, the board of supervisors
  158  shall arrange to place on the next general election ballot of
  159  the qualified electors residing within the district the
  160  following question: “Shall the ...(name of district)... sell all
  161  of its assets and fulfill any outstanding financial obligations,
  162  operating responsibilities, or maintenance responsibilities and
  163  dissolve immediately upon completion of such tasks?” and
  164  thereafter the words “Yes” and “No.”
  165         (c) If a majority of the qualified electors voting approve
  166  the ballot question, the district shall be dissolved in
  167  accordance with a plan of termination which shall be adopted by
  168  the board of supervisors and filed with the clerk of the circuit
  169  court. The plan of termination must provide for the sale of all
  170  district assets and the fulfillment of all outstanding financial
  171  obligations and operating or maintenance responsibilities.
  172         Section 3. This act shall take effect July 1, 2017.