Bill Amendment: FL H7013 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Special Districts
Status: 2024-04-29 - Chapter No. 2024-136 [H7013 Detail]
Download: Florida-2024-H7013-Senate_Floor_Amendment_613928.html
Bill Title: Special Districts
Status: 2024-04-29 - Chapter No. 2024-136 [H7013 Detail]
Download: Florida-2024-H7013-Senate_Floor_Amendment_613928.html
Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for HB 7013 Ì613928DÎ613928 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hutson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 82 - 383 4 and insert: 5 (1) A member elected by the qualified electors of the 6 district to the governing body of an independent special 7 district may not serve for more than 12 consecutive years, 8 unless the district’s charter provides for more restrictive 9 terms of office. Service of a term of office that commenced 10 before November 5, 2024, does not count toward the limitation 11 imposed by this subsection. 12 (2) This section does not apply to a community development 13 district established under chapter 190, or an independent 14 special district created pursuant to a special act that provides 15 that any amendment to chapter 190 to grant additional powers 16 constitutes a power of the district. 17 (3) This section does not require an independent special 18 district governed by an appointed governing body to convert to 19 an elected governing body. 20 Section 5. Section 189.0313, Florida Statutes, is created 21 to read: 22 189.0313 Independent special districts; boundaries; 23 exception.—Notwithstanding any special law or general law of 24 local application to the contrary, the boundaries of an 25 independent special district shall only be changed by general 26 law or special act. This section does not apply to a community 27 development district established pursuant to chapter 190. 28 Section 6. Subsections (1) and (2) of section 189.062, 29 Florida Statutes, are amended to read: 30 189.062 Special procedures for inactive districts.— 31 (1) The department shall declare inactive any special 32 district in this state by documenting that: 33 (a) The special district meets one of the following 34 criteria: 35 1. The registered agent of the district, the chair of the 36 governing body of the district, or the governing body of the 37 appropriate local general-purpose government notifies the 38 department in writing that the district has taken no action for 39 2 or more years; 40 2. The registered agent of the district, the chair of the 41 governing body of the district, or the governing body of the 42 appropriate local general-purpose government notifies the 43 department in writing that the district has not had a governing 44 body or a sufficient number of governing body members to 45 constitute a quorum for 2 or more years; 46 3. The registered agent of the district, the chair of the 47 governing body of the district, or the governing body of the 48 appropriate local general-purpose government fails to respond to 49 an inquiry by the department within 21 days; 50 4. The department determines, pursuant to s. 189.067, that 51 the district has failed to file any of the reports listed in s. 52 189.066; 53 5. The district has not had a registered office and agent 54 on file with the department for 1 or more years;or55 6. The governing body of a special district provides 56 documentation to the department that it has unanimously adopted 57 a resolution declaring the special district inactive. The 58 special district is responsible for payment of any expenses 59 associated with its dissolution;.60 7. The district is an independent special district or a 61 community redevelopment district created under part III of 62 chapter 163 that has reported no revenue, no expenditures, and 63 no debt under s. 189.016(9) or s. 218.32 for at least 5 64 consecutive fiscal years beginning no earlier than October 1, 65 2018. This subparagraph does not apply to a community 66 development district established under chapter 190 or to any 67 independent special district operating pursuant to a special act 68 that provides that any amendment to chapter 190 to grant 69 additional powers constitutes a power of that district; or 70 8. For a mosquito control district created pursuant to 71 chapter 388, the department has received notice from the 72 Department of Agriculture and Consumer Services that the 73 district has failed to file a tentative work plan and tentative 74 detailed work plan budget as required by s. 388.271. 75 (b) The department, special district, or local general 76 purpose government has published a notice of proposed 77 declaration of inactive status in a newspaper of general 78 circulation in the county or municipality in which the territory 79 of the special district is located and has sent a copy of such 80 notice by certified mail to the registered agent or chair of the 81 governing body, if any. If the special district is a dependent 82 special district with a governing body that is not identical to 83 the governing body of a single county or a single municipality, 84 a copy of such notice must also be sent by certified mail to the 85 governing body of the county or municipality on which the 86 district is dependent. Such notice must include the name of the 87 special district, the law under which it was organized and 88 operating, a general description of the territory included in 89 the special district, and a statement that any objections must 90 be filed pursuant to chapter 120 within 3021days after the 91 publication date. The objections may include that the special 92 district has outstanding debt obligations that are not included 93 in reports required under s. 189.016(9) or s. 218.32. 94 (c) ThirtyTwenty-onedays have elapsed from the 95 publication date of the notice of proposed declaration of 96 inactive status and no administrative appeals were filed. 97 (2) If any special district is declared inactive pursuant 98 to this section, the district may only expend funds as necessary 99 to service outstanding debt and to comply with existing bond 100 covenants and other contractual obligations. The property or 101 assets of the special district are subject to legal process for 102 payment of any debts of the district. After the payment of all 103 the debts of said inactive special district, the remainder of 104 its property or assets shall escheat to the county or 105 municipality wherein located. If, however, it shall be 106 necessary, in order to pay any such debt, to levy any tax or 107 taxes on the property in the territory or limits of the inactive 108 special district, the same may be assessed and levied by order 109 of the local general-purpose government wherein the same is 110 situated and shall be assessed by the county property appraiser 111 and collected by the county tax collector. 112 Section 7. Section 189.0694, Florida Statutes, is created 113 to read: 114 189.0694 Special districts; performance measures and 115 standards.- 116 (1) Beginning October 1, 2024, or by the end of the first 117 full fiscal year after its creation, whichever is later, each 118 special district must establish goals and objectives for each 119 program and activity undertaken by the district, as well as 120 performance measures and standards to determine if the 121 district’s goals and objectives are being achieved. 122 (2) By December 1 of each year thereafter, each special 123 district must publish an annual report on the district’s website 124 describing: 125 (a) The goals and objectives achieved by the district, as 126 well as the performance measures and standards used by the 127 district to make this determination. 128 (b) Any goals or objectives the district failed to achieve. 129 Section 8. Paragraph (c) is added to subsection (3) of 130 section 189.0695, Florida Statutes, to read: 131 189.0695 Independent special districts; performance 132 reviews.— 133 (3) The Office of Program Policy Analysis and Government 134 Accountability must conduct a performance review of all 135 independent special districts within the classifications 136 described in paragraphs (a),and(b), and (c) and may contract 137 as needed to complete the requirements of this subsection. The 138 Office of Program Policy Analysis and Government Accountability 139 shall submit the final report of the performance review to the 140 President of the Senate and the Speaker of the House of 141 Representatives as follows: 142 (c) For all safe neighborhood improvement districts as 143 defined in s. 163.503(1), no later than September 30, 2025. 144 Section 9. Section 190.047, Florida Statutes, is repealed. 145 Section 10. Subsection (3) is added to section 191.013, 146 Florida Statutes, to read: 147 191.013 Intergovernmental coordination.— 148 (3) By October 1 of each year, each independent special 149 fire control district shall report to the Division of State Fire 150 Marshal regarding whether each of the district’s volunteer 151 firefighters has completed the required trainings and received 152 the required certifications established by the division pursuant 153 to s. 633.408. 154 Section 11. Section 388.211, Florida Statutes, is amended 155 to read: 156 388.211 Change in district boundaries.— 157(1)The boundaries of each district may only be changed by 158 a special act of the LegislatureThe board of commissioners of159any district formed prior to July 1, 1980, may, for and on160behalf of the district or the qualified electors within or161without the district, request that the board of county162commissioners in each county having land within the district163approve a change in the boundaries of the district. 164(2) If the board of county commissioners approves such165change, an amendment shall be made to the order creating the166district to conform with the boundary change.167 Section 12. Subsection (1) of section 388.221, Florida 168 Statutes, is amended to read: 169 388.221 Tax levy.— 170 (1) The board of commissioners of such district may levy 171 upon all of the real and personal taxable property in said 172 district a special tax not exceeding 1 mill10 millson the 173 dollar during each year as maintenance tax to be used solely for 174 the purposes authorized and prescribed by this chapter. The 175 board of commissioners of a district may increase such special 176 tax to no more than 2 mills on the dollar if the increase is 177 approved by a referendum of the qualified electors of the 178 district held at a general election. Said board shall by 179 resolution certify to the property appraiser of the county in 180 which the property is situate, timely for the preparation of the 181 tax roll, the tax rate to be applied in determining the amount 182 of the district’s annual maintenance tax. Certified copies of 183 such resolution executed in the name of said board by its chair 184 and secretary and under its corporate seal shall be made and 185 delivered to the property appraiser and the board of county 186 commissioners of the county in which such district is located, 187 and to the Department of Revenue not later than September 30 of 188 such year. The property appraiser of said county shall assess 189 and the tax collector of said county shall collect the amount of 190 taxes so assessed and levied by said board of commissioners of 191 said district upon all of the taxable real and personal property 192 in said district at the rate of taxation adopted by said board 193 for said year and included in said resolution, and said levy 194 shall be included in the warrants of the property appraiser and 195 attached to the assessment roll of taxes for said county each 196 year. The tax collector shall collect such taxes so levied by 197 said board in the same manner as other taxes are collected and 198 shall pay the same within the time and in the manner prescribed 199 by law to the treasurer of said board. The Department of Revenue 200 shall assess and levy on all the railroad lines and railroad 201 property and telegraph and telephone lines and telegraph and 202 telephone property situated in said district in the amount of 203 each such levy as in case of other state and county taxes and 204 shall collect said taxes thereon in the same manner as it is 205 required by law to assess and collect taxes for state and county 206 purposes and remit the same to the treasurer of said board. All 207 such taxes shall be held by said treasurer for the credit of 208 said board and paid out by him or her as ordered by said board. 209 Section 13. Subsection (1) of section 388.271, Florida 210 Statutes, is amended, and subsection (3) is added to that 211 section, to read: 212 388.271 Prerequisites to participation.— 213 (1) When state funds are involved, it is the duty of the 214 department to guide, review, approve, and coordinate the 215 activities of all county governments and special districts 216 receiving state funds in furtherance of the goal of integrated 217 arthropod control. Each countyor districteligible to 218 participatehereundermay, and each district must, begin 219 participation on October 1 of any year by filing with the 220 department not later than July 15 a tentative work plan and 221 tentative detailed work plan budget providing for the control of 222 arthropods. Following approval of the plan and budget by the 223 department, two copies of the county’s or district’s certified 224 budget based on the approved work plan and detailed work plan 225 budget shall be submitted to the department by September 30 226 following. State funds, supplies, and services shall be made 227 available to such county or district by and through the 228 department immediately upon release of funds by the Executive 229 Office of the Governor. 230 (3) If a special district fails to submit a tentative work 231 plan and tentative detailed work plan budget as required by 232 subsection (1), the department shall send notice of such failure 233 to the Department of Commerce within 30 days. 234 ================= T I T L E A M E N D M E N T ================ 235 And the title is amended as follows: 236 Delete lines 10 - 54 237 and insert: 238 providing term limits for members of governing bodies 239 of independent special districts elected by the 240 qualified electors of the district; providing an 241 exception; providing construction; creating s. 242 189.0313, F.S.; providing the method for changing 243 boundaries of an independent special district; 244 providing an exception; amending s. 189.062, F.S.; 245 providing additional criteria for declaring a special 246 district inactive; requiring certain special districts 247 to provide notice of a proposed declaration of 248 inactive status in the county or municipality under 249 certain circumstances; revising the time period for 250 filing an objection to a proposed declaration; 251 authorizing a specific objection; providing that a 252 district declared inactive may only expend funds as 253 necessary to service outstanding debt and to comply 254 with existing bond covenants and contractual 255 obligations; creating s. 189.0694, F.S.; requiring 256 special districts to establish performance measures to 257 assess performance; requiring special districts to 258 publish an annual report concerning performance 259 measures; amending s. 189.0695, F.S.; requiring the 260 Office of Program Policy Analysis and Governmental 261 Accountability to conduct performance reviews; 262 repealing s. 190.047, F.S., relating to incorporation 263 or annexation of a district; amending s. 191.013, 264 F.S.; requiring independent special fire control 265 districts to annually report training and 266 certification information regarding volunteer 267 firefighters to the Division of State Fire Marshal; 268 amending s. 388.211, F.S.; providing the boundaries of 269 a mosquito control district may only be changed by 270 special act; amending s. 388.221, F.S.; reducing the 271 maximum millage rate for mosquito control districts; 272 providing an exception; amending s. 388.271, F.S.; 273 requiring, instead of authorizing, special districts 274 to file tentative work plans and work plan budgets at 275 specified intervals; requiring the Department of 276 Agriculture and Consumer Services to report to the 277 Department of Commerce if certain special districts 278 fail to submit specified information; providing an 279 effective date.