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.

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