Florida Senate - 2011                                    SB 1120
       
       
       
       By Senator Norman
       
       
       
       
       12-00686A-11                                          20111120__
    1                        A bill to be entitled                      
    2         An act relating to special districts; amending s.
    3         189.4042, F.S.; revising provisions relating to merger
    4         and dissolution procedures for special districts;
    5         requiring certain merger and dissolution procedures to
    6         include referenda; providing an exception; providing
    7         that such provisions preempt certain special acts;
    8         providing for a local government to assume the
    9         indebtedness of, and receive the title to property
   10         owned by, a special district under certain
   11         circumstances; amending s. 189.4044, F.S.; revising
   12         dissolution procedures for special districts declared
   13         inactive by a governing body; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 189.4042, Florida Statutes, is amended
   19  to read:
   20         189.4042 Merger and dissolution procedures.—
   21         (1)(a) The merger or dissolution of dependent special
   22  districts may be effectuated by an ordinance of the general
   23  purpose local governmental entity wherein the geographical area
   24  of the district or districts is located. However, a county may
   25  not dissolve a special district that is dependent to a
   26  municipality or vice versa, or a dependent district created by
   27  special act.
   28         (b) A copy of any ordinance and of any changes to a charter
   29  affecting the status or boundaries of one or more special
   30  districts shall be filed with the Special District Information
   31  Program within 30 days of such activity.
   32         (2)(a) Unless otherwise provided by general law, the merger
   33  or dissolution of an independent special district or a dependent
   34  special district created and operating pursuant to a special act
   35  may only be effectuated by the Legislature unless otherwise
   36  provided by general law.
   37         (b) If a local general-purpose government seeks to dissolve
   38  an active independent special district created and operating
   39  pursuant to a special act whose board objects by resolution to
   40  the dissolution, the dissolution of the active independent
   41  special district is not effective until a special act of the
   42  Legislature is approved by a majority of the resident electors
   43  of the district or landowners voting in the same manner by which
   44  the independent special district’s governing board is elected.
   45  This paragraph also applies if an independent special district’s
   46  governing board elects to dissolve the district by less than a
   47  supermajority vote of the board.
   48         (c) If a local general-purpose government seeks to merge an
   49  active independent special district or districts created and
   50  operating pursuant to a special act whose board or boards object
   51  by resolution to the merger, the merger of the active
   52  independent special district or districts is not effective until
   53  the special act of the Legislature is approved at separate
   54  referenda of the impacted local governments by a majority of the
   55  resident electors or landowners voting in the same manner by
   56  which each independent special district’s governing board is
   57  elected. The special act shall include a plan of merger that
   58  addresses transition issues such as the effective date of the
   59  merger, governance, administration, powers, pensions, and
   60  assumption of all assets and liabilities.
   61         (d) The political subdivisions proposing the involuntary
   62  dissolution or merger of an active independent special district
   63  shall be responsible for payment of any expenses associated with
   64  the referendum required under paragraph (b).
   65         (e) Independent and dependent special districts that meet
   66  any criteria for being declared inactive, or that have already
   67  been declared inactive, pursuant to s. 189.4044 may be dissolved
   68  or merged by special act without a referendum.
   69         (f) If an inactive independent special district was created
   70  by a county or municipality through a referendum, the county or
   71  municipality that created the district may dissolve the district
   72  after publishing notice as described in s. 189.4044. If an
   73  independent special district was created by a county or
   74  municipality by referendum or any other procedure, the county or
   75  municipality that created the district may merge or dissolve the
   76  district pursuant to a referendum and any other the same
   77  procedure by which the independent district was created. If the
   78  However, for any independent special district that has ad
   79  valorem taxation powers, the same procedure by which the
   80  required to grant such independent district was granted ad
   81  valorem taxation powers shall also be followed required to
   82  dissolve or merge the district.
   83         (g) This subsection preempts any special act to the
   84  contrary unless a specific dissolution date of the independent
   85  district is provided in the special act.
   86         (3) The government formed by merger of an existing
   87  independent special district or districts with another
   88  government shall assume all indebtedness of, and receive title
   89  to all property owned by, the preexisting independent special
   90  district or districts.
   91         (4) Financial allocations of the assets and indebtedness of
   92  a dissolved independent special district shall be pursuant to s.
   93  189.4045.
   94         (5)(3)The provisions of This section does shall not apply
   95  to community development districts implemented pursuant to
   96  chapter 190 or to water management districts created and
   97  operated pursuant to chapter 373.
   98         Section 2. Subsection (4) of section 189.4044, Florida
   99  Statutes, is amended to read:
  100         189.4044 Special procedures for inactive districts.—
  101         (4) The entity that created a special district declared
  102  inactive under this section must dissolve the special district
  103  by repealing its enabling laws or by other appropriate means.
  104  Notwithstanding this subsection or any other provision of law,
  105  if the governing body of a special district unanimously adopts a
  106  resolution declaring the district inactive pursuant to
  107  paragraphs (1)(b) and (c) and no administrative appeals were
  108  timely filed, the special district may be dissolved without a
  109  referendum. The special district shall be responsible for
  110  payment of any expenses associated with its dissolution.
  111         Section 3. This act shall take effect July 1, 2011.