Florida Senate - 2014                             CS for SB 1632
       
       
        
       By the Committee on Ethics and Elections; and Senator Stargel
       
       
       
       
       
       582-02728-14                                          20141632c1
    1                        A bill to be entitled                      
    2         An act relating to special districts; designating
    3         parts I-VIII of ch. 189, F.S., relating to special
    4         districts, and renaming the chapter; amending s.
    5         11.40, F.S.; revising duties of the Legislative
    6         Auditing Committee; amending s. 112.312, F.S.;
    7         redefining the term “agency” as it applies to the code
    8         of ethics for public officers and employees to include
    9         special districts; creating s. 112.511, F.S.;
   10         specifying applicability of procedures regarding
   11         suspension and removal of a member of the governing
   12         body of a special district; transferring, renumbering,
   13         and amending s. 189.401, F.S.; revising a short title;
   14         transferring, renumbering, and amending s. 189.402,
   15         F.S.; revising a statement of legislative purpose and
   16         intent; making technical changes; conforming
   17         provisions to changes made by the act; transferring,
   18         renumbering, and amending s. 189.403, F.S.; redefining
   19         the term “special district”; transferring,
   20         renumbering, and amending ss. 189.4031, 189.4035,
   21         189.404, 189.40401, 189.4041, and 189.4042, F.S.;
   22         deleting provisions relating to the application of a
   23         special district to amend its charter; conforming
   24         provisions and cross-references; transferring,
   25         renumbering, and amending s. 189.4044, F.S.; revising
   26         the circumstances under which the Department of
   27         Economic Opportunity may declare a special district
   28         inactive; requiring the department to provide notice
   29         of a declaration of inactive status to the chair of
   30         the county legislative delegation and the Legislative
   31         Auditing Committee rather than the Legislature;
   32         prohibiting special districts that are declared
   33         inactive from collecting taxes, fees, or assessments;
   34         providing exceptions; providing for enforcement of the
   35         prohibition; transferring and renumbering ss. 189.4045
   36         and 189.4047, F.S.; transferring, renumbering, and
   37         amending s. 189.405, F.S.; revising requirements
   38         related to education programs for new members of
   39         special district governing bodies; amending s.
   40         189.4051, F.S.; revising definitions; conforming
   41         provisions; transferring and renumbering ss. 189.4065,
   42         189.408, and 189.4085, F.S.; transferring,
   43         renumbering, and amending ss. 189.412 and 189.413,
   44         F.S.; renaming the Special District Information
   45         Program the Special District Accountability Program;
   46         revising duties of the Special District Accountability
   47         Program; transferring and renumbering ss. 189.415,
   48         189.4155, and 189.4156, F.S.; transferring,
   49         renumbering, and amending ss. 189.416, 189.417, and
   50         189.418, F.S.; conforming provisions and cross
   51         references; transferring, renumbering, and amending s.
   52         189.419, F.S.; revising provisions related to the
   53         failure of a special district to file certain reports
   54         or information; conforming cross-references;
   55         transferring and renumbering s. 189.420, F.S.;
   56         transferring, renumbering, and amending s. 189.421,
   57         F.S.; deleting provisions related to available
   58         remedies for the failure of a special district to
   59         disclose required financial reports; transferring and
   60         renumbering ss. 189.4221, 189.423, and 189.425, F.S.;
   61         transferring, renumbering, and amending s. 189.427,
   62         F.S.; providing for the deposit of administration fees
   63         into the Operating Trust Fund rather than the Grants
   64         and Donations Trust Fund; transferring, renumbering,
   65         and amending s. 189.428, F.S.; revising the oversight
   66         review process for special districts; transferring and
   67         renumbering s. 189.429, F.S.; repealing ss. 189.430,
   68         189.431, 189.432, 189.433, 189.434, 189.435, 189.436,
   69         189.437, 189.438, 189.439, 189.440, 189.441, 189.442,
   70         189.443, and 189.444, F.S., relating to the Community
   71         Improvement Authority Act; creating ss. 189.034 and
   72         189.035, F.S.; requiring the Legislative Auditing
   73         Committee to provide notice of the failure of special
   74         districts to file certain required reports to the
   75         chair of the county legislative delegation or the
   76         chair or equivalent of the local general-purpose
   77         government, as applicable; requiring the chair of the
   78         county legislative delegation or the chair or
   79         equivalent of the local general-purpose government, as
   80         applicable, to convene a public hearing on the issue
   81         of noncompliance; authorizing the county legislative
   82         delegation or the local general-purpose government, as
   83         applicable, to request certain information from a
   84         special district before the public hearing; creating
   85         s. 189.055, F.S.; requiring special districts to be
   86         treated as municipalities for certain purposes;
   87         creating s. 189.069, F.S.; requiring special districts
   88         to annually update and maintain certain information on
   89         the district’s website; requiring special districts to
   90         submit the web address of their respective websites to
   91         the department; requiring that the department’s online
   92         list of special districts include a link to the
   93         website of certain special districts; creating s.
   94         189.0691, F.S.; providing for the suspension of
   95         special district governing body members by the
   96         Governor under certain conditions; requiring the
   97         Governor and appointing authority to ensure that the
   98         governing body maintains a sufficient number of
   99         members to constitute a quorum; amending ss. 11.45,
  100         100.011, 101.657, 112.061, 112.63, 112.665, 121.021,
  101         121.051, 125.901, 153.94, 163.08, 165.031, 165.0615,
  102         171.202, 175.032, 190.011, 190.046, 190.049, 191.003,
  103         191.005, 191.013, 191.014, 191.015, 200.001, 218.31,
  104         218.32, 218.37, 255.20, 298.225, 343.922, 348.0004,
  105         373.711, 403.0891, 582.32, and 1013.355, F.S.;
  106         conforming cross-references and provisions to changes
  107         made by the act; providing effective dates.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Chapter 189, Florida Statutes, as amended by
  112  this act, is divided into the following parts:
  113         (1) Part I, consisting of sections 189.01, 189.011,
  114  189.012, 189.013, 189.014, 189.015, 189.016, 189.017, 189.018,
  115  and 189.019, Florida Statutes, as created by this act, and
  116  entitled “General Provisions.”
  117         (2) Part II, consisting of sections 189.02 and 189.021,
  118  Florida Statutes, as created by this act, and entitled
  119  “Dependent Special Districts.”
  120         (3) Part III, consisting of sections 189.03, 189.031,
  121  189.0311, 189.033, 189.034, and 189.035, Florida Statutes, as
  122  created by this act, and entitled “Independent Special
  123  Districts.”
  124         (4) Part IV, consisting of sections 189.04, 189.041, and
  125  189.042, Florida Statutes, as created by this act, and entitled
  126  “Elections.”
  127         (5) Part V, consisting of sections 189.05, 189.051,
  128  189.052, 189.053, 189.054, and 189.055, Florida Statutes, as
  129  created by this act, and entitled “Finance.”
  130         (6) Part VI, consisting of sections 189.06, 189.061,
  131  189.062, 189.063, 189.064, 189.065, 189.066, 189.067, 189.068,
  132  189.069, and 189.0691, Florida Statutes, as created by this act,
  133  and entitled “Oversight and Accountability.”
  134         (7) Part VII, consisting of sections 189.07, 189.071,
  135  189.072, 189.073, 189.074, 189.075, 189.076, and 189.0761,
  136  Florida Statutes, as created by this act, and entitled “Merger
  137  and Dissolution.”
  138         (8) Part VIII, consisting of sections 189.08, 189.081, and
  139  189.082, Florida Statutes, as created by this act, and entitled
  140  “Comprehensive Planning.”
  141         Section 2. Chapter 189, Florida Statutes, is renamed
  142  “Special Districts.”
  143         Section 3. Paragraph (b) of subsection (2) of section
  144  11.40, Florida Statutes, is amended to read:
  145         11.40 Legislative Auditing Committee.—
  146         (2) Following notification by the Auditor General, the
  147  Department of Financial Services, or the Division of Bond
  148  Finance of the State Board of Administration of the failure of a
  149  local governmental entity, district school board, charter
  150  school, or charter technical career center to comply with the
  151  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
  152  s. 218.38, the Legislative Auditing Committee may schedule a
  153  hearing to determine if the entity should be subject to further
  154  state action. If the committee determines that the entity should
  155  be subject to further state action, the committee shall:
  156         (b) In the case of a special district created by:
  157         1. A special act, notify the chair of the county
  158  legislative delegation and the Department of Economic
  159  Opportunity that the special district has failed to comply with
  160  the law. Upon receipt of notification, the department of
  161  Economic Opportunity shall proceed pursuant to s. 189.062 or s.
  162  189.067 189.4044 or s. 189.421.
  163         2. A local ordinance, notify the chair or equivalent of the
  164  local general-purpose government and the Department of Economic
  165  Opportunity that the special district has failed to comply with
  166  the law. Upon receipt of notification, the department shall
  167  proceed pursuant to s. 189.062 or s. 189.067.
  168         Section 4. Subsection (2) of section 112.312, Florida
  169  Statutes, is amended to read:
  170         112.312 Definitions.—As used in this part and for purposes
  171  of the provisions of s. 8, Art. II of the State Constitution,
  172  unless the context otherwise requires:
  173         (2) “Agency” means any state, regional, county, local, or
  174  municipal government entity of this state, whether executive,
  175  judicial, or legislative; any department, division, bureau,
  176  commission, authority, or political subdivision of this state
  177  therein; or any public school, community college, or state
  178  university; or any special district as defined in s. 189.012.
  179         Section 5. Section 112.511, Florida Statutes, is created to
  180  read:
  181         112.511 Members of special district governing bodies;
  182  suspension; removal from office.—
  183         (1) A member of the governing body of a special district,
  184  as defined in s. 189.012, who exercises the powers and duties of
  185  a state or a county officer, is subject to the Governor’s power
  186  under s. 7(a), Art. IV of the State Constitution to suspend such
  187  officers.
  188         (2) A member of the governing body of a special district,
  189  as defined in s. 189.012, who exercises powers and duties other
  190  than that of a state or county officer, is subject to the
  191  suspension and removal procedures under s. 112.51.
  192         Section 6. Section 189.401, Florida Statutes, is
  193  transferred, renumbered as section 189.01, Florida Statutes, and
  194  amended to read:
  195         189.01 189.401 Short title.—This chapter may be cited as
  196  the “Uniform Special District Accountability Act of 1989.”
  197         Section 7. Subsections (1), (6), and (7) of section
  198  189.402, Florida Statutes, are transferred and renumbered as
  199  subsections (1), (2), and (3), respectively, of section 189.011,
  200  Florida Statutes, and present subsection (6) of that section is
  201  amended, to read:
  202         189.011 189.402 Statement of legislative purpose and
  203  intent.—
  204         (2)(6) The Legislature finds that special districts serve a
  205  necessary and useful function by providing services to residents
  206  and property in the state. The Legislature finds further that
  207  special districts operate to serve a public purpose and that
  208  this is best secured by certain minimum standards of
  209  accountability designed to inform the public and appropriate
  210  general-purpose local governments of the status and activities
  211  of special districts. It is the intent of the Legislature that
  212  this public trust be secured by requiring each independent
  213  special district in the state to register and report its
  214  financial and other activities. The Legislature further finds
  215  that failure of an independent special district to comply with
  216  the minimum disclosure requirements set forth in this chapter
  217  may result in action against officers of such district body
  218  board.
  219         Section 8. Subsection (2) of section 189.402, Florida
  220  Statutes, is transferred, renumbered as section 189.06, Florida
  221  Statutes, and amended to read:
  222         189.06 189.402Legislative intent; centralized location
  223  Statement of legislative purpose and intent.—
  224         (2) It is the intent of the Legislature through the
  225  adoption of this chapter to have one centralized location for
  226  all legislation governing special districts and to:
  227         (1)(a) Improve the enforcement of statutes currently in
  228  place that help ensure the accountability of special districts
  229  to state and local governments.
  230         (2)(b) Improve communication and coordination between state
  231  agencies with respect to required special district reporting and
  232  state monitoring.
  233         (3)(c) Improve communication and coordination between
  234  special districts and other local entities with respect to ad
  235  valorem taxation, non-ad valorem assessment collection, special
  236  district elections, and local government comprehensive planning.
  237         (4)(d) Move toward greater uniformity in special district
  238  elections and non-ad valorem assessment collection procedures at
  239  the local level without hampering the efficiency and
  240  effectiveness of the current procedures.
  241         (5)(e) Clarify special district definitions and creation
  242  methods in order to ensure consistent application of those
  243  definitions and creation methods across all levels of
  244  government.
  245         (6)(f) Specify in general law the essential components of
  246  any new type of special district.
  247         (7)(g) Specify in general law the essential components of a
  248  charter for a new special district.
  249         (8)(h) Encourage the creation of municipal service taxing
  250  units and municipal service benefit units for providing
  251  municipal services in unincorporated areas of each county.
  252         Section 9. Subsections (3), (4), (5), and (8) of section
  253  189.402, Florida Statutes, are transferred, renumbered as
  254  subsections (1), (2), (3), and (4), respectively, of section
  255  189.03, Florida Statutes, and amended to read:
  256         189.03 189.402 Statement of legislative purpose and intent;
  257  independent special districts.—
  258         (1)(3) The Legislature finds that:
  259         (a) There is a need for uniform, focused, and fair
  260  procedures in state law to provide a reasonable alternative for
  261  the establishment, powers, operation, and duration of
  262  independent special districts to manage and finance basic
  263  capital infrastructure, facilities, and services; and that,
  264  based upon a proper and fair determination of applicable facts,
  265  an independent special district can constitute a timely,
  266  efficient, effective, responsive, and economic way to deliver
  267  these basic services, thereby providing a means of solving the
  268  state’s planning, management, and financing needs for delivery
  269  of capital infrastructure, facilities, and services in order to
  270  provide for projected growth without overburdening other
  271  governments and their taxpayers.
  272         (b) It is in the public interest that any independent
  273  special district created pursuant to state law not outlive its
  274  usefulness and that the operation of such a district and the
  275  exercise by the district of its powers be consistent with
  276  applicable due process, disclosure, accountability, ethics, and
  277  government-in-the-sunshine requirements which apply both to
  278  governmental entities and to their elected and appointed
  279  officials.
  280         (c) It is in the public interest that long-range planning,
  281  management, and financing and long-term maintenance, upkeep, and
  282  operation of basic services by independent special districts be
  283  uniform.
  284         (2)(4) It is the policy of this state:
  285         (a) That independent special districts may be used are a
  286  legitimate alternative method available for use by the private
  287  and public sectors, as authorized by state law, to manage, own,
  288  operate, construct, and finance basic capital infrastructure,
  289  facilities, and services.
  290         (b) That the exercise by any independent special district
  291  of its powers, as set forth by uniform general law comply with
  292  all applicable governmental comprehensive planning laws, rules,
  293  and regulations.
  294         (3)(5) It is the legislative intent and purpose, based
  295  upon, and consistent with, its findings of fact and declarations
  296  of policy, to authorize a uniform procedure by general law to
  297  create an independent special district, as an alternative method
  298  to manage and finance basic capital infrastructure, facilities,
  299  and services. It is further the legislative intent and purpose
  300  to provide by general law for the uniform operation, exercise of
  301  power, and procedure for termination of any such independent
  302  special district.
  303         (4)(8) The Legislature finds and declares that:
  304         (a) Growth and development issues transcend the boundaries
  305  and responsibilities of individual units of government, and
  306  often no single unit of government can plan or implement
  307  policies to deal with these issues without affecting other units
  308  of government.
  309         (b) The provision of capital infrastructure, facilities,
  310  and services for the preservation and enhancement of the quality
  311  of life of the people of this state may require the creation of
  312  multicounty and multijurisdictional districts.
  313         Section 10. Section 189.403, Florida Statutes, is
  314  transferred, renumbered as section 189.012, Florida Statutes,
  315  reordered, and amended to read:
  316         189.012 189.403 Definitions.—As used in this chapter, the
  317  term:
  318         (6)(1) “Special district” means a local unit of local
  319  government created for a of special purpose, as opposed to a
  320  general purpose general-purpose, which has jurisdiction to
  321  operate government within a limited geographic boundary and is,
  322  created by general law, special act, local ordinance, or by rule
  323  of the Governor and Cabinet. The special purpose or purposes of
  324  special districts are implemented by specialized functions and
  325  related prescribed powers. For the purpose of s. 196.199(1),
  326  special districts shall be treated as municipalities. The term
  327  does not include a school district, a community college
  328  district, a special improvement district created pursuant to s.
  329  285.17, a municipal service taxing or benefit unit as specified
  330  in s. 125.01, or a board which provides electrical service and
  331  which is a political subdivision of a municipality or is part of
  332  a municipality.
  333         (2) “Dependent special district” means a special district
  334  that meets at least one of the following criteria:
  335         (a) The membership of its governing body is identical to
  336  that of the governing body of a single county or a single
  337  municipality.
  338         (b) All members of its governing body are appointed by the
  339  governing body of a single county or a single municipality.
  340         (c) During their unexpired terms, members of the special
  341  district’s governing body are subject to removal at will by the
  342  governing body of a single county or a single municipality.
  343         (d) The district has a budget that requires approval
  344  through an affirmative vote or can be vetoed by the governing
  345  body of a single county or a single municipality.
  346  
  347  This subsection is for purposes of definition only. Nothing in
  348  this subsection confers additional authority upon local
  349  governments not otherwise authorized by the provisions of the
  350  special acts or general acts of local application creating each
  351  special district, as amended.
  352         (3) “Independent special district” means a special district
  353  that is not a dependent special district as defined in
  354  subsection (2). A district that includes more than one county is
  355  an independent special district unless the district lies wholly
  356  within the boundaries of a single municipality.
  357         (1)(4) “Department” means the Department of Economic
  358  Opportunity.
  359         (4)(5) “Local governing authority” means the governing body
  360  of a unit of local general-purpose government. However, if the
  361  special district is a political subdivision of a municipality,
  362  “local governing authority” means the municipality.
  363         (7)(6) “Water management district” for purposes of this
  364  chapter means a special taxing district which is a regional
  365  water management district created and operated pursuant to
  366  chapter 373 or chapter 61-691, Laws of Florida, or a flood
  367  control district created and operated pursuant to chapter 25270,
  368  Laws of Florida, 1949, as modified by s. 373.149.
  369         (5)(7) “Public facilities” means major capital
  370  improvements, including, but not limited to, transportation
  371  facilities, sanitary sewer facilities, solid waste facilities,
  372  water management and control facilities, potable water
  373  facilities, alternative water systems, educational facilities,
  374  parks and recreational facilities, health systems and
  375  facilities, and, except for spoil disposal by those ports listed
  376  in s. 311.09(1), spoil disposal sites for maintenance dredging
  377  in waters of the state.
  378         Section 11. Subsection (1) of section 189.4031, Florida
  379  Statutes, is transferred and renumbered as section 189.013,
  380  Florida Statutes, and the catchline of that section shall read:
  381  “Special districts; creation, dissolution, and reporting
  382  requirements.”
  383         Section 12. Subsection (2) of section 189.4031, Florida
  384  Statutes, is transferred, renumbered as section 189.0311,
  385  Florida Statutes, and amended to read:
  386         189.0311 189.4031Independent special districts Special
  387  districts; creation, dissolution, and reporting requirements;
  388  charter requirements.—
  389         (2) Notwithstanding any general law, special act, or
  390  ordinance of a local government to the contrary, any independent
  391  special district charter enacted after September 30, 1989, the
  392  effective date of this section shall contain the information
  393  required by s. 189.031(3) 189.404(3). Recognizing that the
  394  exclusive charter for a community development district is the
  395  statutory charter contained in ss. 190.006-190.041, community
  396  development districts established after July 1, 1980, pursuant
  397  to the provisions of chapter 190 shall be deemed in compliance
  398  with this requirement.
  399         Section 13. Section 189.4035, Florida Statutes, is
  400  transferred and renumbered as section 189.061, Florida Statutes,
  401  and subsections (1), (5), and (6) of that section are amended,
  402  to read:
  403         189.061 189.4035Preparation of Official list of special
  404  districts.—
  405         (1) The department of Economic Opportunity shall maintain
  406  compile the official list of special districts. The official
  407  list of special districts shall include all special districts in
  408  this state and shall indicate the independent or dependent
  409  status of each district. All special districts on in the list
  410  shall be sorted by county. The definitions in s. 189.012 189.403
  411  shall be the criteria for determination of the independent or
  412  dependent status of each special district on the official list.
  413  The status of community development districts shall be
  414  independent on the official list of special districts.
  415         (5) The official list of special districts shall be
  416  available on the department’s website and must include a link to
  417  the website of each special district that provides web-based
  418  access to the public of the information and documentation
  419  required under s. 189.069.
  420         (6) Preparation of The official list of special districts
  421  or the determination of status does not constitute final agency
  422  action pursuant to chapter 120. If the status of a special
  423  district on the official list is inconsistent with the status
  424  submitted by the district, the district may request the
  425  department to issue a declaratory statement setting forth the
  426  requirements necessary to resolve the inconsistency. If
  427  necessary, upon issuance of a declaratory statement by the
  428  department which is not appealed pursuant to chapter 120, the
  429  governing body board of any special district receiving such a
  430  declaratory statement shall apply to the entity which originally
  431  established the district for an amendment to its charter
  432  correcting the specified defects in its original charter. This
  433  amendment shall be for the sole purpose of resolving
  434  inconsistencies between a district charter and the status of a
  435  district as it appears on the official list. Such application
  436  shall occur as follows:
  437         (a) In the event a special district was created by a local
  438  general-purpose government or state agency and applies for an
  439  amendment to its charter to confirm its independence, said
  440  application shall be granted as a matter of right. If
  441  application by an independent district is not made within 6
  442  months of rendition of a declaratory statement, the district
  443  shall be deemed dependent and become a political subdivision of
  444  the governing body which originally established it by operation
  445  of law.
  446         (b) If the Legislature created a special district, the
  447  district shall request, by resolution, an amendment to its
  448  charter by the Legislature. Failure to apply to the Legislature
  449  for an amendment to its charter during the next regular
  450  legislative session following rendition of a declaratory
  451  statement or failure of the Legislature to pass a special act
  452  shall render the district dependent.
  453         Section 14. Section 189.404, Florida Statutes, is
  454  transferred and renumbered as section 189.031, Florida Statutes,
  455  and subsection (2) and paragraphs (e), (f), and (g) of
  456  subsection (3) of that section are amended, to read:
  457         189.031 189.404 Legislative intent for the creation of
  458  independent special districts; special act prohibitions; model
  459  elements and other requirements; general-purpose local
  460  government/Governor and Cabinet creation authorizations.—
  461         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  462  III of the State Constitution, the Legislature hereby prohibits
  463  special laws or general laws of local application which:
  464         (a) Create independent special districts that do not, at a
  465  minimum, conform to the minimum requirements in subsection (3);
  466         (b) Exempt independent special district elections from the
  467  appropriate requirements in s. 189.04 189.405;
  468         (c) Exempt an independent special district from the
  469  requirements for bond referenda in s. 189.042 189.408;
  470         (d) Exempt an independent special district from the
  471  reporting, notice, or public meetings requirements of s.
  472  189.051, s. 189.08, s. 189.015, or s. 189.016 189.4085, s.
  473  189.415, s. 189.417, or s. 189.418;
  474         (e) Create an independent special district for which a
  475  statement has not been submitted to the Legislature that
  476  documents the following:
  477         1. The purpose of the proposed district;
  478         2. The authority of the proposed district;
  479         3. An explanation of why the district is the best
  480  alternative; and
  481         4. A resolution or official statement of the governing body
  482  or an appropriate administrator of the local jurisdiction within
  483  which the proposed district is located stating that the creation
  484  of the proposed district is consistent with the approved local
  485  government plans of the local governing body and that the local
  486  government has no objection to the creation of the proposed
  487  district.
  488         (3) MINIMUM REQUIREMENTS.—General laws or special acts that
  489  create or authorize the creation of independent special
  490  districts and are enacted after September 30, 1989, must address
  491  and require the following in their charters:
  492         (e) The membership and organization of the governing body
  493  board of the district. If a district created after September 30,
  494  1989, uses a one-acre/one-vote election principle, it shall
  495  provide for a governing body board consisting of five members.
  496  Three members shall constitute a quorum.
  497         (f) The maximum compensation of a governing body board
  498  member.
  499         (g) The administrative duties of the governing body board
  500  of the district.
  501         Section 15. Section 189.40401, Florida Statutes, is
  502  transferred and renumbered as section 189.033, Florida Statutes.
  503         Section 16. Section 189.4041, Florida Statutes, is
  504  transferred and renumbered as section 189.02, Florida Statutes,
  505  and paragraph (e) of subsection (4) of that section is amended,
  506  to read:
  507         189.02 189.4041 Dependent special districts.—
  508         (4) Dependent special districts created by a county or
  509  municipality shall be created by adoption of an ordinance that
  510  includes:
  511         (e) The membership, organization, compensation, and
  512  administrative duties of the governing body board.
  513         Section 17. Subsection (1) of section 189.4042, Florida
  514  Statutes, is transferred, renumbered as section 189.07, Florida
  515  Statutes, and amended to read:
  516         189.07 189.4042Definitions Merger and dissolution
  517  procedures.—
  518         (1) DEFINITIONS.—As used in this part section, the term:
  519         (1)(a) “Component independent special district” means an
  520  independent special district that proposes to be merged into a
  521  merged independent district, or an independent special district
  522  as it existed before its merger into the merged independent
  523  district of which it is now a part.
  524         (2)(b) “Elector-initiated merger plan” means the merger
  525  plan of two or more independent special districts, a majority of
  526  whose qualified electors have elected to merge, which outlines
  527  the terms and agreements for the official merger of the
  528  districts and is finalized and approved by the governing bodies
  529  of the districts pursuant to this part section.
  530         (3)(c) “Governing body” means the governing body of the
  531  independent special district in which the general legislative,
  532  governmental, or public powers of the district are vested and by
  533  authority of which the official business of the district is
  534  conducted.
  535         (4)(d) “Initiative” means the filing of a petition
  536  containing a proposal for a referendum to be placed on the
  537  ballot for election.
  538         (5)(e) “Joint merger plan” means the merger plan that is
  539  adopted by resolution of the governing bodies of two or more
  540  independent special districts that outlines the terms and
  541  agreements for the official merger of the districts and that is
  542  finalized and approved by the governing bodies pursuant to this
  543  part section.
  544         (6)(f) “Merged independent district” means a single
  545  independent special district that results from a successful
  546  merger of two or more independent special districts pursuant to
  547  this part section.
  548         (7)(g) “Merger” means the combination of two or more
  549  contiguous independent special districts resulting in a newly
  550  created merged independent district that assumes jurisdiction
  551  over all of the component independent special districts.
  552         (8)(h) “Merger plan” means a written document that contains
  553  the terms, agreements, and information regarding the merger of
  554  two or more independent special districts.
  555         (9)(i) “Proposed elector-initiated merger plan” means a
  556  written document that contains the terms and information
  557  regarding the merger of two or more independent special
  558  districts and that accompanies the petition initiated by the
  559  qualified electors of the districts but that is not yet
  560  finalized and approved by the governing bodies of each component
  561  independent special district pursuant to this part section.
  562         (10)(j) “Proposed joint merger plan” means a written
  563  document that contains the terms and information regarding the
  564  merger of two or more independent special districts and that has
  565  been prepared pursuant to a resolution of the governing bodies
  566  of the districts but that is not yet finalized and approved by
  567  the governing bodies of each component independent special
  568  district pursuant to this part section.
  569         (11)(k) “Qualified elector” means an individual at least 18
  570  years of age who is a citizen of the United States, a permanent
  571  resident of this state, and a resident of the district who
  572  registers with the supervisor of elections of a county within
  573  which the district lands are located when the registration books
  574  are open.
  575         Section 18. Subsection (2) of section 189.4042, Florida
  576  Statutes, is transferred, renumbered as section 189.071, Florida
  577  Statutes, and amended to read:
  578         189.071 189.4042 Merger or and dissolution of a dependent
  579  special district procedures.—
  580         (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
  581         (1)(a) The merger or dissolution of a dependent special
  582  district may be effectuated by an ordinance of the general
  583  purpose local governmental entity wherein the geographical area
  584  of the district or districts is located. However, a county may
  585  not dissolve a special district that is dependent to a
  586  municipality or vice versa, or a dependent district created by
  587  special act.
  588         (2)(b) The merger or dissolution of a dependent special
  589  district created and operating pursuant to a special act may be
  590  effectuated only by further act of the Legislature unless
  591  otherwise provided by general law.
  592         (3)(c) A dependent special district that meets any criteria
  593  for being declared inactive, or that has already been declared
  594  inactive, pursuant to s. 189.062 189.4044 may be dissolved or
  595  merged by special act without a referendum.
  596         (4)(d) A copy of any ordinance and of any changes to a
  597  charter affecting the status or boundaries of one or more
  598  special districts shall be filed with the Special District
  599  Accountability Information Program within 30 days after such
  600  activity.
  601         Section 19. Subsection (3) of section 189.4042, Florida
  602  Statutes, is transferred, renumbered as section 189.072, Florida
  603  Statutes, and amended to read:
  604         189.072 189.4042Dissolution of an independent special
  605  district Merger and dissolution procedures.—
  606         (3) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.
  607         (1)(a)Voluntary dissolution.—If the governing body board
  608  of an independent special district created and operating
  609  pursuant to a special act elects, by a majority vote plus one,
  610  to dissolve the district, the voluntary dissolution of an
  611  independent special district created and operating pursuant to a
  612  special act may be effectuated only by the Legislature unless
  613  otherwise provided by general law.
  614         (2)(b)Other dissolutions.—
  615         (a)1. In order for the Legislature to dissolve an active
  616  independent special district created and operating pursuant to a
  617  special act, the special act dissolving the active independent
  618  special district must be approved by a majority of the resident
  619  electors of the district or, for districts in which a majority
  620  of governing body board members are elected by landowners, a
  621  majority of the landowners voting in the same manner by which
  622  the independent special district’s governing body is elected. If
  623  a local general-purpose government passes an ordinance or
  624  resolution in support of the dissolution, the local general
  625  purpose government must pay any expenses associated with the
  626  referendum required under this paragraph subparagraph.
  627         (b)2. If an independent special district was created by a
  628  county or municipality by referendum or any other procedure, the
  629  county or municipality that created the district may dissolve
  630  the district pursuant to a referendum or any other procedure by
  631  which the independent special district was created. However, if
  632  the independent special district has ad valorem taxation powers,
  633  the same procedure required to grant the independent special
  634  district ad valorem taxation powers is required to dissolve the
  635  district.
  636         (3)(c)Inactive independent special districts.—An
  637  independent special district that meets any criteria for being
  638  declared inactive, or that has already been declared inactive,
  639  pursuant to s. 189.062 189.4044 may be dissolved by special act
  640  without a referendum. If an inactive independent special
  641  district was created by a county or municipality through a
  642  referendum, the county or municipality that created the district
  643  may dissolve the district after publishing notice as described
  644  in s. 189.062 189.4044.
  645         (4)(d)Debts and assets.—Financial allocations of the
  646  assets and indebtedness of a dissolved independent special
  647  district shall be pursuant to s. 189.076 189.4045.
  648         Section 20. Subsection (4) of section 189.4042, Florida
  649  Statutes, is transferred, renumbered as section 189.073, Florida
  650  Statutes, and amended to read:
  651         189.073 189.4042Legislative merger of independent special
  652  districts Merger and dissolution procedures.—
  653         (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
  654  The Legislature, by special act, may merge independent special
  655  districts created and operating pursuant to special act.
  656         Section 21. Subsection (5) of section 189.4042, Florida
  657  Statutes, is transferred, renumbered as section 189.074, Florida
  658  Statutes, and amended to read:
  659         189.074 189.4042Voluntary merger of independent special
  660  districts Merger and dissolution procedures.—
  661         (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
  662  or more contiguous independent special districts created by
  663  special act which have similar functions and elected governing
  664  bodies may elect to merge into a single independent district
  665  through the act of merging the component independent special
  666  districts.
  667         (1)(a)Initiation.—Merger proceedings may commence by:
  668         (a)1. A joint resolution of the governing bodies of each
  669  independent special district which endorses a proposed joint
  670  merger plan; or
  671         (b)2. A qualified elector initiative.
  672         (2)(b)Joint merger plan by resolution.—The governing
  673  bodies of two or more contiguous independent special districts
  674  may, by joint resolution, endorse a proposed joint merger plan
  675  to commence proceedings to merge the districts pursuant to this
  676  section subsection.
  677         (a)1. The proposed joint merger plan must specify:
  678         1.a. The name of each component independent special
  679  district to be merged;
  680         2.b. The name of the proposed merged independent district;
  681         3.c. The rights, duties, and obligations of the proposed
  682  merged independent district;
  683         4.d. The territorial boundaries of the proposed merged
  684  independent district;
  685         5.e. The governmental organization of the proposed merged
  686  independent district insofar as it concerns elected and
  687  appointed officials and public employees, along with a
  688  transitional plan and schedule for elections and appointments of
  689  officials;
  690         6.f. A fiscal estimate of the potential cost or savings as
  691  a result of the merger;
  692         7.g. Each component independent special district’s assets,
  693  including, but not limited to, real and personal property, and
  694  the current value thereof;
  695         8.h. Each component independent special district’s
  696  liabilities and indebtedness, bonded and otherwise, and the
  697  current value thereof;
  698         9.i. Terms for the assumption and disposition of existing
  699  assets, liabilities, and indebtedness of each component
  700  independent special district jointly, separately, or in defined
  701  proportions;
  702         10.j. Terms for the common administration and uniform
  703  enforcement of existing laws within the proposed merged
  704  independent district;
  705         11.k. The times and places for public hearings on the
  706  proposed joint merger plan;
  707         12.l. The times and places for a referendum in each
  708  component independent special district on the proposed joint
  709  merger plan, along with the referendum language to be presented
  710  for approval; and
  711         13.m. The effective date of the proposed merger.
  712         (b)2. The resolution endorsing the proposed joint merger
  713  plan must be approved by a majority vote of the governing bodies
  714  of each component independent special district and adopted at
  715  least 60 business days before any general or special election on
  716  the proposed joint merger plan.
  717         (c)3. Within 5 business days after the governing bodies
  718  approve the resolution endorsing the proposed joint merger plan,
  719  the governing bodies must:
  720         1.a. Cause a copy of the proposed joint merger plan, along
  721  with a descriptive summary of the plan, to be displayed and be
  722  readily accessible to the public for inspection in at least
  723  three public places within the territorial limits of each
  724  component independent special district, unless a component
  725  independent special district has fewer than three public places,
  726  in which case the plan must be accessible for inspection in all
  727  public places within the component independent special district;
  728         2.b. If applicable, cause the proposed joint merger plan,
  729  along with a descriptive summary of the plan and a reference to
  730  the public places within each component independent special
  731  district where a copy of the merger plan may be examined, to be
  732  displayed on a website maintained by each district or on a
  733  website maintained by the county or municipality in which the
  734  districts are located; and
  735         3.c. Arrange for a descriptive summary of the proposed
  736  joint merger plan, and a reference to the public places within
  737  the district where a copy may be examined, to be published in a
  738  newspaper of general circulation within the component
  739  independent special districts at least once each week for 4
  740  successive weeks.
  741         (d)4. The governing body of each component independent
  742  special district shall set a time and place for one or more
  743  public hearings on the proposed joint merger plan. Each public
  744  hearing shall be held on a weekday at least 7 business days
  745  after the day the first advertisement is published on the
  746  proposed joint merger plan. The hearing or hearings may be held
  747  jointly or separately by the governing bodies of the component
  748  independent special districts. Any interested person residing in
  749  the respective district shall be given a reasonable opportunity
  750  to be heard on any aspect of the proposed merger at the public
  751  hearing.
  752         1.a. Notice of the public hearing addressing the resolution
  753  for the proposed joint merger plan must be published pursuant to
  754  the notice requirements in s. 189.015 189.417 and must provide a
  755  descriptive summary of the proposed joint merger plan and a
  756  reference to the public places within the component independent
  757  special districts where a copy of the plan may be examined.
  758         2.b. After the final public hearing, the governing bodies
  759  of each component independent special district may amend the
  760  proposed joint merger plan if the amended version complies with
  761  the notice and public hearing requirements provided in this
  762  section subsection. Thereafter, the governing bodies may approve
  763  a final version of the joint merger plan or decline to proceed
  764  further with the merger. Approval by the governing bodies of the
  765  final version of the joint merger plan must occur within 60
  766  business days after the final hearing.
  767         (e)5. After the final public hearing, the governing bodies
  768  shall notify the supervisors of elections of the applicable
  769  counties in which district lands are located of the adoption of
  770  the resolution by each governing body. The supervisors of
  771  elections shall schedule a separate referendum for each
  772  component independent special district. The referenda may be
  773  held in each district on the same day, or on different days, but
  774  no more than 20 days apart.
  775         1.a. Notice of a referendum on the merger of independent
  776  special districts must be provided pursuant to the notice
  777  requirements in s. 100.342. At a minimum, the notice must
  778  include:
  779         a.(I) A brief summary of the resolution and joint merger
  780  plan;
  781         b.(II) A statement as to where a copy of the resolution and
  782  joint merger plan may be examined;
  783         c.(III) The names of the component independent special
  784  districts to be merged and a description of their territory;
  785         d.(IV) The times and places at which the referendum will be
  786  held; and
  787         e.(V) Such other matters as may be necessary to call,
  788  provide for, and give notice of the referendum and to provide
  789  for the conduct thereof and the canvass of the returns.
  790         2.b. The referenda must be held in accordance with the
  791  Florida Election Code and may be held pursuant to ss. 101.6101
  792  101.6107. All costs associated with the referenda shall be borne
  793  by the respective component independent special district.
  794         3.c. The ballot question in such referendum placed before
  795  the qualified electors of each component independent special
  796  district to be merged must be in substantially the following
  797  form:
  798         “Shall ...(name of component independent special
  799  district)... and ...(name of component independent special
  800  district or districts)... be merged into ...(name of newly
  801  merged independent district)...?
  802  
  803         ....YES
  804         ....NO”
  805  
  806         4.d. If the component independent special districts
  807  proposing to merge have disparate millage rates, the ballot
  808  question in the referendum placed before the qualified electors
  809  of each component independent special district must be in
  810  substantially the following form:
  811  
  812         “Shall ...(name of component independent special
  813  district)... and ...(name of component independent special
  814  district or districts)... be merged into ...(name of newly
  815  merged independent district)... if the voter-approved maximum
  816  millage rate within each independent special district will not
  817  increase absent a subsequent referendum?
  818  
  819         ....YES
  820         ....NO”
  821  
  822         5.e. In any referendum held pursuant to this section
  823  subsection, the ballots shall be counted, returns made and
  824  canvassed, and results certified in the same manner as other
  825  elections or referenda for the component independent special
  826  districts.
  827         6.f. The merger may not take effect unless a majority of
  828  the votes cast in each component independent special district
  829  are in favor of the merger. If one of the component districts
  830  does not obtain a majority vote, the referendum fails, and
  831  merger does not take effect.
  832         7.g. If the merger is approved by a majority of the votes
  833  cast in each component independent special district, the merged
  834  independent district is created. Upon approval, the merged
  835  independent district shall notify the Special District
  836  Accountability Information Program pursuant to s. 189.016(2)
  837  189.418(2) and the local general-purpose governments in which
  838  any part of the component independent special districts is
  839  situated pursuant to s. 189.016(7) 189.418(7).
  840         8.h. If the referendum fails, the merger process under this
  841  subsection paragraph may not be initiated for the same purpose
  842  within 2 years after the date of the referendum.
  843         (f)6. Component independent special districts merged
  844  pursuant to a joint merger plan by resolution shall continue to
  845  be governed as before the merger until the effective date
  846  specified in the adopted joint merger plan.
  847         (3)(c)Qualified elector-initiated merger plan.—The
  848  qualified electors of two or more contiguous independent special
  849  districts may commence a merger proceeding by each filing a
  850  petition with the governing body of their respective independent
  851  special district proposing to be merged. The petition must
  852  contain the signatures of at least 40 percent of the qualified
  853  electors of each component independent special district and must
  854  be submitted to the appropriate component independent special
  855  district governing body no later than 1 year after the start of
  856  the qualified elector-initiated merger process.
  857         (a)1. The petition must comply with, and be circulated in,
  858  the following form:
  859  
  860                            PETITION FOR                           
  861                 INDEPENDENT SPECIAL DISTRICT MERGER               
  862  
  863         We, the undersigned electors and legal voters of ...(name
  864  of independent special district)..., qualified to vote at the
  865  next general or special election, respectfully petition that
  866  there be submitted to the electors and legal voters of ...(name
  867  of independent special district or districts proposed to be
  868  merged)..., for their approval or rejection at a referendum held
  869  for that purpose, a proposal to merge ...(name of component
  870  independent special district)... and ...(name of component
  871  independent special district or districts)....
  872  
  873         In witness thereof, we have signed our names on the date
  874  indicated next to our signatures.
  875  
  876                    Date      Name   Home Address                  
  877                       (print under signature)                     
  878  
  879         .........................................................
  880  
  881         .........................................................
  882  
  883         (b)2. The petition must be validated by a signed statement
  884  by a witness who is a duly qualified elector of one of the
  885  component independent special districts, a notary public, or
  886  another person authorized to take acknowledgments.
  887         1.a. A statement that is signed by a witness who is a duly
  888  qualified elector of the respective district shall be accepted
  889  for all purposes as the equivalent of an affidavit. Such
  890  statement must be in substantially the following form:
  891         “I, ...(name of witness)..., state that I am a duly
  892  qualified voter of ...(name of independent special district)....
  893  Each of the ...(insert number)... persons who have signed this
  894  petition sheet has signed his or her name in my presence on the
  895  dates indicated above and identified himself or herself to be
  896  the same person who signed the sheet. I understand that this
  897  statement will be accepted for all purposes as the equivalent of
  898  an affidavit and, if it contains a materially false statement,
  899  shall subject me to the penalties of perjury.”
  900         Date                                 Signature of Witness
  901         2.b. A statement that is signed by a notary public or
  902  another person authorized to take acknowledgments must be in
  903  substantially the following form:
  904         “On the date indicated above before me personally came each
  905  of the ...(insert number)... electors and legal voters whose
  906  signatures appear on this petition sheet, who signed the
  907  petition in my presence and who, being by me duly sworn, each
  908  for himself or herself, identified himself or herself as the
  909  same person who signed the petition, and I declare that the
  910  foregoing information they provided was true.”
  911         Date                                 Signature of Witness
  912         3.c. An alteration or correction of information appearing
  913  on a petition’s signature line, other than an uninitialed
  914  signature and date, does not invalidate such signature. In
  915  matters of form, this subsection paragraph shall be liberally
  916  construed, not inconsistent with substantial compliance thereto
  917  and the prevention of fraud.
  918         4.d. The appropriately signed petition must be filed with
  919  the governing body of each component independent special
  920  district. The petition must be submitted to the supervisors of
  921  elections of the counties in which the district lands are
  922  located. The supervisors shall, within 30 business days after
  923  receipt of the petitions, certify to the governing bodies the
  924  number of signatures of qualified electors contained on the
  925  petitions.
  926         (c)3. Upon verification by the supervisors of elections of
  927  the counties within which component independent special district
  928  lands are located that 40 percent of the qualified electors have
  929  petitioned for merger and that all such petitions have been
  930  executed within 1 year after the date of the initiation of the
  931  qualified-elector merger process, the governing bodies of each
  932  component independent special district shall meet within 30
  933  business days to prepare and approve by resolution a proposed
  934  elector-initiated merger plan. The proposed plan must include:
  935         1.a. The name of each component independent special
  936  district to be merged;
  937         2.b. The name of the proposed merged independent district;
  938         3.c. The rights, duties, and obligations of the merged
  939  independent district;
  940         4.d. The territorial boundaries of the proposed merged
  941  independent district;
  942         5.e. The governmental organization of the proposed merged
  943  independent district insofar as it concerns elected and
  944  appointed officials and public employees, along with a
  945  transitional plan and schedule for elections and appointments of
  946  officials;
  947         6.f. A fiscal estimate of the potential cost or savings as
  948  a result of the merger;
  949         7.g. Each component independent special district’s assets,
  950  including, but not limited to, real and personal property, and
  951  the current value thereof;
  952         8.h. Each component independent special district’s
  953  liabilities and indebtedness, bonded and otherwise, and the
  954  current value thereof;
  955         9.i. Terms for the assumption and disposition of existing
  956  assets, liabilities, and indebtedness of each component
  957  independent special district, jointly, separately, or in defined
  958  proportions;
  959         10.j. Terms for the common administration and uniform
  960  enforcement of existing laws within the proposed merged
  961  independent district;
  962         11.k. The times and places for public hearings on the
  963  proposed joint merger plan; and
  964         12.l. The effective date of the proposed merger.
  965         (d)4. The resolution endorsing the proposed elector
  966  initiated merger plan must be approved by a majority vote of the
  967  governing bodies of each component independent special district
  968  and must be adopted at least 60 business days before any general
  969  or special election on the proposed elector-initiated plan.
  970         (e)5. Within 5 business days after the governing bodies of
  971  each component independent special district approve the proposed
  972  elector-initiated merger plan, the governing bodies shall:
  973         1.a. Cause a copy of the proposed elector-initiated merger
  974  plan, along with a descriptive summary of the plan, to be
  975  displayed and be readily accessible to the public for inspection
  976  in at least three public places within the territorial limits of
  977  each component independent special district, unless a component
  978  independent special district has fewer than three public places,
  979  in which case the plan must be accessible for inspection in all
  980  public places within the component independent special district;
  981         2.b. If applicable, cause the proposed elector-initiated
  982  merger plan, along with a descriptive summary of the plan and a
  983  reference to the public places within each component independent
  984  special district where a copy of the merger plan may be
  985  examined, to be displayed on a website maintained by each
  986  district or otherwise on a website maintained by the county or
  987  municipality in which the districts are located; and
  988         3.c. Arrange for a descriptive summary of the proposed
  989  elector-initiated merger plan, and a reference to the public
  990  places within the district where a copy may be examined, to be
  991  published in a newspaper of general circulation within the
  992  component independent special districts at least once each week
  993  for 4 successive weeks.
  994         (f)6. The governing body of each component independent
  995  special district shall set a time and place for one or more
  996  public hearings on the proposed elector-initiated merger plan.
  997  Each public hearing shall be held on a weekday at least 7
  998  business days after the day the first advertisement is published
  999  on the proposed elector-initiated merger plan. The hearing or
 1000  hearings may be held jointly or separately by the governing
 1001  bodies of the component independent special districts. Any
 1002  interested person residing in the respective district shall be
 1003  given a reasonable opportunity to be heard on any aspect of the
 1004  proposed merger at the public hearing.
 1005         1.a. Notice of the public hearing on the proposed elector
 1006  initiated merger plan must be published pursuant to the notice
 1007  requirements in s. 189.015 189.417 and must provide a
 1008  descriptive summary of the elector-initiated merger plan and a
 1009  reference to the public places within the component independent
 1010  special districts where a copy of the plan may be examined.
 1011         2.b. After the final public hearing, the governing bodies
 1012  of each component independent special district may amend the
 1013  proposed elector-initiated merger plan if the amended version
 1014  complies with the notice and public hearing requirements
 1015  provided in this section subsection. The governing bodies must
 1016  approve a final version of the merger plan within 60 business
 1017  days after the final hearing.
 1018         (g)7. After the final public hearing, the governing bodies
 1019  shall notify the supervisors of elections of the applicable
 1020  counties in which district lands are located of the adoption of
 1021  the resolution by each governing body. The supervisors of
 1022  elections shall schedule a date for the separate referenda for
 1023  each district. The referenda may be held in each district on the
 1024  same day, or on different days, but no more than 20 days apart.
 1025         1.a. Notice of a referendum on the merger of the component
 1026  independent special districts must be provided pursuant to the
 1027  notice requirements in s. 100.342. At a minimum, the notice must
 1028  include:
 1029         a.(I) A brief summary of the resolution and elector
 1030  initiated merger plan;
 1031         b.(II) A statement as to where a copy of the resolution and
 1032  petition for merger may be examined;
 1033         c.(III) The names of the component independent special
 1034  districts to be merged and a description of their territory;
 1035         d.(IV) The times and places at which the referendum will be
 1036  held; and
 1037         e.(V) Such other matters as may be necessary to call,
 1038  provide for, and give notice of the referendum and to provide
 1039  for the conduct thereof and the canvass of the returns.
 1040         2.b. The referenda must be held in accordance with the
 1041  Florida Election Code and may be held pursuant to ss. 101.6101
 1042  101.6107. All costs associated with the referenda shall be borne
 1043  by the respective component independent special district.
 1044         3.c. The ballot question in such referendum placed before
 1045  the qualified electors of each component independent special
 1046  district to be merged must be in substantially the following
 1047  form:
 1048         “Shall ...(name of component independent special
 1049  district)... and ...(name of component independent special
 1050  district or districts)... be merged into ...(name of newly
 1051  merged independent district)...?
 1052         ....YES
 1053         ....NO”
 1054         4.d. If the component independent special districts
 1055  proposing to merge have disparate millage rates, the ballot
 1056  question in the referendum placed before the qualified electors
 1057  of each component independent special district must be in
 1058  substantially the following form:
 1059         “Shall ...(name of component independent special
 1060  district)... and ...(name of component independent special
 1061  district or districts)... be merged into ...(name of newly
 1062  merged independent district)... if the voter-approved maximum
 1063  millage rate within each independent special district will not
 1064  increase absent a subsequent referendum?
 1065         ....YES
 1066         ....NO”
 1067         5.e. In any referendum held pursuant to this section
 1068  subsection, the ballots shall be counted, returns made and
 1069  canvassed, and results certified in the same manner as other
 1070  elections or referenda for the component independent special
 1071  districts.
 1072         6.f. The merger may not take effect unless a majority of
 1073  the votes cast in each component independent special district
 1074  are in favor of the merger. If one of the component independent
 1075  special districts does not obtain a majority vote, the
 1076  referendum fails, and merger does not take effect.
 1077         7.g. If the merger is approved by a majority of the votes
 1078  cast in each component independent special district, the merged
 1079  district shall notify the Special District Accountability
 1080  Information Program pursuant to s. 189.016(2) 189.418(2) and the
 1081  local general-purpose governments in which any part of the
 1082  component independent special districts is situated pursuant to
 1083  s. 189.016(7) 189.418(7).
 1084         8.h. If the referendum fails, the merger process under this
 1085  subsection paragraph may not be initiated for the same purpose
 1086  within 2 years after the date of the referendum.
 1087         (h)8. Component independent special districts merged
 1088  pursuant to an elector-initiated merger plan shall continue to
 1089  be governed as before the merger until the effective date
 1090  specified in the adopted elector-initiated merger plan.
 1091         (4)(d)Effective date.—The effective date of the merger
 1092  shall be as provided in the joint merger plan or elector
 1093  initiated merger plan, as appropriate, and is not contingent
 1094  upon the future act of the Legislature.
 1095         (a)1. However, as soon as practicable, the merged
 1096  independent district shall, at its own expense, submit a unified
 1097  charter for the merged district to the Legislature for approval.
 1098  The unified charter must make the powers of the district
 1099  consistent within the merged independent district and repeal the
 1100  special acts of the districts which existed before the merger.
 1101         (b)2. Within 30 business days after the effective date of
 1102  the merger, the merged independent district’s governing body, as
 1103  indicated in this section subsection, shall hold an
 1104  organizational meeting to implement the provisions of the joint
 1105  merger plan or elector-initiated merger plan, as appropriate.
 1106         (5)(e)Restrictions during transition period.—Until the
 1107  Legislature formally approves the unified charter pursuant to a
 1108  special act, each component independent special district is
 1109  considered a subunit of the merged independent district subject
 1110  to the following restrictions:
 1111         (a)1. During the transition period, the merged independent
 1112  district is limited in its powers and financing capabilities
 1113  within each subunit to those powers that existed within the
 1114  boundaries of each subunit which were previously granted to the
 1115  component independent special district in its existing charter
 1116  before the merger. The merged independent district may not,
 1117  solely by reason of the merger, increase its powers or financing
 1118  capability.
 1119         (b)2. During the transition period, the merged independent
 1120  district shall exercise only the legislative authority to levy
 1121  and collect revenues within the boundaries of each subunit which
 1122  was previously granted to the component independent special
 1123  district by its existing charter before the merger, including
 1124  the authority to levy ad valorem taxes, non-ad valorem
 1125  assessments, impact fees, and charges.
 1126         1.a. The merged independent district may not, solely by
 1127  reason of the merger or the legislatively approved unified
 1128  charter, increase ad valorem taxes on property within the
 1129  original limits of a subunit beyond the maximum millage rate
 1130  approved by the electors of the component independent special
 1131  district unless the electors of such subunit approve an increase
 1132  at a subsequent referendum of the subunit’s electors. Each
 1133  subunit may be considered a separate taxing unit.
 1134         2.b. The merged independent district may not, solely by
 1135  reason of the merger, charge non-ad valorem assessments, impact
 1136  fees, or other new fees within a subunit which were not
 1137  otherwise previously authorized to be charged.
 1138         (c)3. During the transition period, each component
 1139  independent special district of the merged independent district
 1140  must continue to file all information and reports required under
 1141  this chapter as subunits until the Legislature formally approves
 1142  the unified charter pursuant to a special act.
 1143         (d)4. The intent of this part section is to preserve and
 1144  transfer to the merged independent district all authority that
 1145  exists within each subunit and was previously granted by the
 1146  Legislature and, if applicable, by referendum.
 1147         (6)(f)Effect of merger, generally.—On and after the
 1148  effective date of the merger, the merged independent district
 1149  shall be treated and considered for all purposes as one entity
 1150  under the name and on the terms and conditions set forth in the
 1151  joint merger plan or elector-initiated merger plan, as
 1152  appropriate.
 1153         (a)1. All rights, privileges, and franchises of each
 1154  component independent special district and all assets, real and
 1155  personal property, books, records, papers, seals, and equipment,
 1156  as well as other things in action, belonging to each component
 1157  independent special district before the merger shall be deemed
 1158  as transferred to and vested in the merged independent district
 1159  without further act or deed.
 1160         (b)2. All property, rights-of-way, and other interests are
 1161  as effectually the property of the merged independent district
 1162  as they were of the component independent special district
 1163  before the merger. The title to real estate, by deed or
 1164  otherwise, under the laws of this state vested in any component
 1165  independent special district before the merger may not be deemed
 1166  to revert or be in any way impaired by reason of the merger.
 1167         (c)3. The merged independent district is in all respects
 1168  subject to all obligations and liabilities imposed and possesses
 1169  all the rights, powers, and privileges vested by law in other
 1170  similar entities.
 1171         (d)4. Upon the effective date of the merger, the joint
 1172  merger plan or elector-initiated merger plan, as appropriate, is
 1173  subordinate in all respects to the contract rights of all
 1174  holders of any securities or obligations of the component
 1175  independent special districts outstanding at the effective date
 1176  of the merger.
 1177         (e)5. The new registration of electors is not necessary as
 1178  a result of the merger, but all elector registrations of the
 1179  component independent special districts shall be transferred to
 1180  the proper registration books of the merged independent
 1181  district, and new registrations shall be made as provided by law
 1182  as if no merger had taken place.
 1183         (7)(g)Governing body of merged independent district.—
 1184         (a)1. From the effective date of the merger until the next
 1185  general election, the governing body of the merged independent
 1186  district shall be comprised of the governing body members of
 1187  each component independent special district, with such members
 1188  serving until the governing body members elected at the next
 1189  general election take office.
 1190         (b)2. Beginning with the next general election following
 1191  the effective date of merger, the governing body of the merged
 1192  independent district shall be comprised of five members. The
 1193  office of each governing body member shall be designated by
 1194  seat, which shall be distinguished from other body member seats
 1195  by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
 1196  members that are elected in this initial election following the
 1197  merger shall serve unequal terms of 2 and 4 years in order to
 1198  create staggered membership of the governing body, with:
 1199         1.a. Member seats 1, 3, and 5 being designated for 4-year
 1200  terms; and
 1201         2.b. Member seats 2 and 4 being designated for 2-year
 1202  terms.
 1203         (c)3. In general elections thereafter, all governing body
 1204  members shall serve 4-year terms.
 1205         (8)(h)Effect on employees.—Except as otherwise provided by
 1206  law and except for those officials and employees protected by
 1207  tenure of office, civil service provisions, or a collective
 1208  bargaining agreement, upon the effective date of merger, all
 1209  appointive offices and positions existing in all component
 1210  independent special districts involved in the merger are subject
 1211  to the terms of the joint merger plan or elector-initiated
 1212  merger plan, as appropriate. Such plan may provide for instances
 1213  in which there are duplications of positions and for other
 1214  matters such as varying lengths of employee contracts, varying
 1215  pay levels or benefits, different civil service regulations in
 1216  the constituent entities, and differing ranks and position
 1217  classifications for similar positions. For those employees who
 1218  are members of a bargaining unit certified by the Public
 1219  Employees Relations Commission, the requirements of chapter 447
 1220  apply.
 1221         (9)(i)Effect on debts, liabilities, and obligations.—
 1222         (a)1. All valid and lawful debts and liabilities existing
 1223  against a merged independent district, or which may arise or
 1224  accrue against the merged independent district, which but for
 1225  merger would be valid and lawful debts or liabilities against
 1226  one or more of the component independent special districts, are
 1227  debts against or liabilities of the merged independent district
 1228  and accordingly shall be defrayed and answered to by the merged
 1229  independent district to the same extent, and no further than,
 1230  the component independent special districts would have been
 1231  bound if a merger had not taken place.
 1232         (b)2. The rights of creditors and all liens upon the
 1233  property of any of the component independent special districts
 1234  shall be preserved unimpaired. The respective component
 1235  districts shall be deemed to continue in existence to preserve
 1236  such rights and liens, and all debts, liabilities, and duties of
 1237  any of the component districts attach to the merged independent
 1238  district.
 1239         (c)3. All bonds, contracts, and obligations of the
 1240  component independent special districts which exist as legal
 1241  obligations are obligations of the merged independent district,
 1242  and all such obligations shall be issued or entered into by and
 1243  in the name of the merged independent district.
 1244         (10)(j)Effect on actions and proceedings.—In any action or
 1245  proceeding pending on the effective date of merger to which a
 1246  component independent special district is a party, the merged
 1247  independent district may be substituted in its place, and the
 1248  action or proceeding may be prosecuted to judgment as if merger
 1249  had not taken place. Suits may be brought and maintained against
 1250  a merged independent district in any state court in the same
 1251  manner as against any other independent special district.
 1252         (11)(k)Effect on annexation.—Chapter 171 continues to
 1253  apply to all annexations by a city within the component
 1254  independent special districts’ boundaries after merger occurs.
 1255  Any moneys owed to a component independent special district
 1256  pursuant to s. 171.093, or any interlocal service boundary
 1257  agreement as a result of annexation predating the merger, shall
 1258  be paid to the merged independent district after merger.
 1259         (12)(l)Effect on millage calculations.—The merged
 1260  independent special district is authorized to continue or
 1261  conclude procedures under chapter 200 on behalf of the component
 1262  independent special districts. The merged independent special
 1263  district shall make the calculations required by chapter 200 for
 1264  each component individual special district separately.
 1265         (13)(m)Determination of rights.—If any right, title,
 1266  interest, or claim arises out of a merger or by reason thereof
 1267  which is not determinable by reference to this subsection, the
 1268  joint merger plan or elector-initiated merger plan, as
 1269  appropriate, or otherwise under the laws of this state, the
 1270  governing body of the merged independent district may provide
 1271  therefor in a manner conforming to law.
 1272         (14)(n)Exemption.—This section subsection does not apply
 1273  to independent special districts whose governing bodies are
 1274  elected by district landowners voting the acreage owned within
 1275  the district.
 1276         (15)(o)Preemption.—This section subsection preempts any
 1277  special act to the contrary.
 1278         Section 22. Subsection (6) of section 189.4042, Florida
 1279  Statutes, is transferred, renumbered as section 189.075, Florida
 1280  Statutes, and amended to read:
 1281         189.075 189.4042Involuntary merger of independent special
 1282  districts Merger and dissolution procedures.—
 1283         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
 1284         (1)(a)Independent special districts created by special
 1285  act.—In order for the Legislature to merge an active independent
 1286  special district or districts created and operating pursuant to
 1287  a special act, the special act merging the active independent
 1288  special district or districts must be approved at separate
 1289  referenda of the impacted local governments by a majority of the
 1290  resident electors or, for districts in which a majority of
 1291  governing body board members are elected by landowners, a
 1292  majority of the landowners voting in the same manner by which
 1293  each independent special district’s governing body is elected.
 1294  The special act merging the districts must include a plan of
 1295  merger that addresses transition issues such as the effective
 1296  date of the merger, governance, administration, powers,
 1297  pensions, and assumption of all assets and liabilities. If a
 1298  local general-purpose government passes an ordinance or
 1299  resolution in support of the merger of an active independent
 1300  special district, the local general-purpose government must pay
 1301  any expenses associated with the referendum required under this
 1302  subsection paragraph.
 1303         (2)(b)Independent special districts created by a county or
 1304  municipality.—A county or municipality may merge an independent
 1305  special district created by the county or municipality pursuant
 1306  to a referendum or any other procedure by which the independent
 1307  special district was created. However, if the independent
 1308  special district has ad valorem taxation powers, the same
 1309  procedure required to grant the independent special district ad
 1310  valorem taxation powers is required to merge the district. The
 1311  political subdivisions proposing the involuntary merger of an
 1312  active independent special district must pay any expenses
 1313  associated with the referendum required under this subsection
 1314  paragraph.
 1315         (3)(c)Inactive independent special districts.—An
 1316  independent special district that meets any criteria for being
 1317  declared inactive, or that has already been declared inactive,
 1318  pursuant to s. 189.062 189.4044 may be merged by special act
 1319  without a referendum.
 1320         Section 23. Subsection (7) of section 189.4042, Florida
 1321  Statutes, is transferred and renumbered as section 189.0761,
 1322  Florida Statutes, and amended to read:
 1323         189.0761 189.4042Merger and dissolution procedures.—
 1324         (7) Exemptions.—This part section does not apply to
 1325  community development districts implemented pursuant to chapter
 1326  190 or to water management districts created and operated
 1327  pursuant to chapter 373.
 1328         Section 24. Section 189.4044, Florida Statutes, is
 1329  transferred and renumbered as section 189.062, Florida Statutes,
 1330  subsections (1) and (3) of that section are amended, and
 1331  subsections (5) and (6) are added to that section, to read:
 1332         189.062 189.4044 Special procedures for inactive
 1333  districts.—
 1334         (1) The department shall declare inactive any special
 1335  district in this state by documenting that:
 1336         (a) The special district meets one of the following
 1337  criteria:
 1338         1. The registered agent of the district, the chair of the
 1339  governing body of the district, or the governing body of the
 1340  appropriate local general-purpose government notifies the
 1341  department in writing that the district has taken no action for
 1342  2 or more years;
 1343         2. Following an inquiry from the department, The registered
 1344  agent of the district, the chair of the governing body of the
 1345  district, or the governing body of the appropriate local
 1346  general-purpose government notifies the department in writing
 1347  that the district has not had a governing body board or a
 1348  sufficient number of governing body board members to constitute
 1349  a quorum for 2 or more years;
 1350         3.or The registered agent of the district, the chair of
 1351  the governing body of the district, or the governing body of the
 1352  appropriate local general-purpose government fails to respond to
 1353  an the department’s inquiry by the department within 21 days;
 1354         4.3. The department determines, pursuant to s. 189.067
 1355  189.421, that the district has failed to file any of the reports
 1356  listed in s. 189.066. 189.419;
 1357         5.4. The district has not had a registered office and agent
 1358  on file with the department for 1 or more years; or
 1359         6.5. The governing body of a special district provides
 1360  documentation to the department that it has unanimously adopted
 1361  a resolution declaring the special district inactive. The
 1362  special district shall be responsible for payment of any
 1363  expenses associated with its dissolution. A special district
 1364  declared inactive pursuant to this subparagraph may be dissolved
 1365  without a referendum; or
 1366         7. The department independently determines that the
 1367  district is no longer active.
 1368         (b) The department, special district, or local general
 1369  purpose government published a notice of proposed declaration of
 1370  inactive status in a newspaper of general circulation in the
 1371  county or municipality in which the territory of the special
 1372  district is located and sent a copy of such notice by certified
 1373  mail to the registered agent or chair of the governing body
 1374  board, if any. Such notice must include the name of the special
 1375  district, the law under which it was organized and operating, a
 1376  general description of the territory included in the special
 1377  district, and a statement that any objections must be filed
 1378  pursuant to chapter 120 within 21 days after the publication
 1379  date; and
 1380         (c) Twenty-one days have elapsed from the publication date
 1381  of the notice of proposed declaration of inactive status and no
 1382  administrative appeals were filed.
 1383         (3) In the case of a district created by special act of the
 1384  Legislature, the department shall send a notice of declaration
 1385  of inactive status to the chair of the county legislative
 1386  delegation and the Legislative Auditing Committee Speaker of the
 1387  House of Representatives and the President of the Senate. The
 1388  notice of declaration of inactive status shall reference each
 1389  known special act creating or amending the charter of any
 1390  special district declared to be inactive under this section. The
 1391  declaration of inactive status shall be sufficient notice as
 1392  required by s. 10, Art. III of the State Constitution to
 1393  authorize the Legislature to repeal any special laws so
 1394  reported. In the case of a district created by one or more local
 1395  general-purpose governments, the department shall send a notice
 1396  of declaration of inactive status to the chair of the governing
 1397  body of each local general-purpose government that created the
 1398  district. In the case of a district created by interlocal
 1399  agreement, the department shall send a notice of declaration of
 1400  inactive status to the chair of the governing body of each local
 1401  general-purpose government which entered into the interlocal
 1402  agreement.
 1403         (5) A special district declared inactive under this section
 1404  may not collect taxes, fees, or assessments unless the
 1405  declaration is:
 1406         (a) Withdrawn or revoked by the department; or
 1407         (b) Invalidated in proceedings initiated by the special
 1408  district within 30 days after the date notice of the declaration
 1409  was provided to the special district governing body, either by
 1410  an administrative law judge in proceedings under chapter 120 or
 1411  by petition for writ of certiorari in the circuit court in the
 1412  judicial circuit having jurisdiction over the geographical
 1413  boundaries of the special district, or, if such boundaries
 1414  extend beyond the boundaries of a single county, in a circuit
 1415  court in and for any such county.
 1416         (6) If a special district that is declared inactive
 1417  pursuant to this section does not initiate a timely challenge to
 1418  such declaration, the department may enforce subsection (5) in
 1419  the circuit court in and for Leon County, through injunctive or
 1420  other relief.
 1421         Section 25. Section 189.4045, Florida Statutes, is
 1422  transferred and renumbered as section 189.076, Florida Statutes.
 1423         Section 26. Section 189.4047, Florida Statutes, is
 1424  transferred and renumbered as section 189.021, Florida Statutes.
 1425         Section 27. Subsections (1), (2), (3), (4), (6), and (7) of
 1426  section 189.405, Florida Statutes, are transferred and
 1427  renumbered as subsections (1) through (6) of section 189.04,
 1428  Florida Statutes, respectively, and present subsection (1),
 1429  paragraph (c) of present subsection (2), and present subsections
 1430  (3), (4), and (7) of that section are amended, to read:
 1431         189.04 189.405 Elections; general requirements and
 1432  procedures; education programs.—
 1433         (1) If a dependent special district has an elected
 1434  governing body board, elections shall be conducted by the
 1435  supervisor of elections of the county wherein the district is
 1436  located in accordance with the Florida Election Code, chapters
 1437  97-106.
 1438         (2)
 1439         (c) A candidate for a position on a governing body board of
 1440  a single-county special district that has its elections
 1441  conducted by the supervisor of elections shall qualify for the
 1442  office with the county supervisor of elections in whose
 1443  jurisdiction the district is located. Elections for governing
 1444  body board members elected by registered electors shall be
 1445  nonpartisan, except when partisan elections are specified by a
 1446  district’s charter. Candidates shall qualify as directed by
 1447  chapter 99. The qualifying fee shall be remitted to the general
 1448  revenue fund of the qualifying officer to help defray the cost
 1449  of the election.
 1450         (3)(a) If a multicounty special district has a popularly
 1451  elected governing body board, elections for the purpose of
 1452  electing members to such governing body board shall conform to
 1453  the Florida Election Code, chapters 97-106.
 1454         (b) With the exception of those districts conducting
 1455  elections on a one-acre/one-vote basis, qualifying for
 1456  multicounty special district governing body board positions
 1457  shall be coordinated by the Department of State. Elections for
 1458  governing body board members elected by registered electors
 1459  shall be nonpartisan, except when partisan elections are
 1460  specified by a district’s charter. Candidates shall qualify as
 1461  directed by chapter 99. The qualifying fee shall be remitted to
 1462  the Department of State.
 1463         (4) With the exception of elections of special district
 1464  governing body board members conducted on a one-acre/one-vote
 1465  basis, in any election conducted in a special district the
 1466  decision made by a majority of those voting shall prevail,
 1467  except as otherwise specified by law.
 1468         (6)(7) Nothing in this act requires that a special district
 1469  governed by an appointed governing body board convert to an
 1470  elected governing body board.
 1471         Section 28. Subsection (5) of section 189.405, Florida
 1472  Statutes, is transferred, renumbered as section 189.063, Florida
 1473  Statutes, and amended to read:
 1474         189.063 189.405Education programs for new members of
 1475  district governing bodies Elections; general requirements and
 1476  procedures; education programs.—
 1477         (1)(5)(a) The department may provide, contract for, or
 1478  assist in conducting education programs, as its budget permits,
 1479  for all newly elected or appointed members of district governing
 1480  bodies boards. The education programs shall include, but are not
 1481  limited to, courses on the code of ethics for public officers
 1482  and employees, public meetings and public records requirements,
 1483  public finance, and parliamentary procedure. Course content may
 1484  be offered by means of the following: videotapes, live seminars,
 1485  workshops, conferences, teleconferences, computer-based
 1486  training, multimedia presentations, or other available
 1487  instructional methods.
 1488         (2)(b) An individual district governing body board, at its
 1489  discretion, may bear the costs associated with educating its
 1490  members. Governing body Board members of districts which have
 1491  qualified for a zero annual fee for the most recent invoicing
 1492  period pursuant to s. 189.018 are 189.427 shall not be required
 1493  to pay a fee for any education program the department provides,
 1494  contracts for, or assists in conducting.
 1495         Section 29. Section 189.4051, Florida Statutes, is
 1496  transferred, renumbered as section 189.041, Florida Statutes,
 1497  and amended to read:
 1498         189.041 189.4051 Elections; special requirements and
 1499  procedures for districts with governing bodies boards elected on
 1500  a one-acre/one-vote basis.—
 1501         (1) DEFINITIONS.—As used in this section:
 1502         (a) “Qualified elector” means any person at least 18 years
 1503  of age who is a citizen of the United States, a permanent
 1504  resident of Florida, and a freeholder or freeholder’s spouse and
 1505  resident of the district who registers with the supervisor of
 1506  elections of a county within which the district lands are
 1507  located when the registration books are open.
 1508         (b) “Urban area” means a contiguous developed and inhabited
 1509  urban area within a district with a minimum average resident
 1510  population density of at least 1.5 persons per acre as defined
 1511  by the latest official census, special census, or population
 1512  estimate or a minimum density of one single-family home per 2.5
 1513  acres with access to improved roads or a minimum density of one
 1514  single-family home per 5 acres within a recorded plat
 1515  subdivision. Urban areas shall be designated by the governing
 1516  body board of the district with the assistance of all local
 1517  general-purpose governments having jurisdiction over the area
 1518  within the district.
 1519         (c) “Governing body board member” means any duly elected
 1520  member of the governing body board of a special district elected
 1521  pursuant to this section, provided that a any board member
 1522  elected by popular vote shall be a qualified district elector
 1523  and a any board member elected on a one-acre/one-vote basis
 1524  shall meet the requirements of s. 298.11 for election to the
 1525  governing body board.
 1526         (d) “Contiguous developed urban area” means any reasonably
 1527  compact urban area located entirely within a special district.
 1528  The separation of urban areas by a publicly owned park, right
 1529  of-way, highway, road, railroad, canal, utility, body of water,
 1530  watercourse, or other minor geographical division of a similar
 1531  nature shall not prevent such areas from being defined as urban
 1532  areas.
 1533         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
 1534  AREAS.—
 1535         (a) Referendum.—
 1536         1. A referendum shall be called by the governing body board
 1537  of a special district where the governing body board is elected
 1538  on a one-acre/one-vote basis on the question of whether certain
 1539  members of a district governing body board should be elected by
 1540  qualified electors, provided each of the following conditions
 1541  has been satisfied at least 60 days before prior to the general
 1542  or special election at which the referendum is to be held:
 1543         a. The district shall have a total population, according to
 1544  the latest official state census, a special census, or a
 1545  population estimate, of at least 500 qualified electors.
 1546         b. A petition signed by 10 percent of the qualified
 1547  electors of the district shall have been filed with the
 1548  governing body board of the district. The petition shall be
 1549  submitted to the supervisor of elections of the county or
 1550  counties in which the lands are located. The supervisor shall,
 1551  within 30 days after the receipt of the petitions, certify to
 1552  the governing body board the number of signatures of qualified
 1553  electors contained on the petition.
 1554         2. Upon verification by the supervisor or supervisors of
 1555  elections of the county or counties within which district lands
 1556  are located that 10 percent of the qualified electors of the
 1557  district have petitioned the governing body board, a referendum
 1558  election shall be called by the governing body board at the next
 1559  regularly scheduled election of governing body board members
 1560  occurring at least 30 days after verification of the petition or
 1561  within 6 months of verification, whichever is earlier.
 1562         3. If the qualified electors approve the election procedure
 1563  described in this subsection, the governing body board of the
 1564  district shall be increased to five members and elections shall
 1565  be held pursuant to the criteria described in this subsection
 1566  beginning with the next regularly scheduled election of
 1567  governing body board members or at a special election called
 1568  within 6 months following the referendum and final unappealed
 1569  approval of district urban area maps as provided in paragraph
 1570  (b), whichever is earlier.
 1571         4. If the qualified electors of the district disapprove the
 1572  election procedure described in this subsection, elections of
 1573  the members of the governing body board shall continue as
 1574  described by s. 298.12 or the enabling legislation for the
 1575  district. No further referendum on the question shall be held
 1576  for a minimum period of 2 years following the referendum.
 1577         (b) Designation of urban areas.—
 1578         1. Within 30 days after approval of the election process
 1579  described in this subsection by qualified electors of the
 1580  district, the governing body board shall direct the district
 1581  staff to prepare and present maps of the district describing the
 1582  extent and location of all urban areas within the district. Such
 1583  determination shall be based upon the criteria contained within
 1584  paragraph (1)(b).
 1585         2. Within 60 days after approval of the election process
 1586  described in this subsection by qualified electors of the
 1587  district, the maps describing urban areas within the district
 1588  shall be presented to the governing body board.
 1589         3. Any district landowner or elector may contest the
 1590  accuracy of the urban area maps prepared by the district staff
 1591  within 30 days after submission to the governing body board.
 1592  Upon notice of objection to the maps, the governing body board
 1593  shall request the county engineer to prepare and present maps of
 1594  the district describing the extent and location of all urban
 1595  areas within the district. Such determination shall be based
 1596  upon the criteria contained within paragraph (1)(b). Within 30
 1597  days after the governing body board request, the county engineer
 1598  shall present the maps to the governing body board.
 1599         4. Upon presentation of the maps by the county engineer,
 1600  the governing body board shall compare the maps submitted by
 1601  both the district staff and the county engineer and make a
 1602  determination as to which set of maps to adopt. Within 60 days
 1603  after presentation of all such maps, the governing body board
 1604  may amend and shall adopt the official maps at a regularly
 1605  scheduled meeting of the governing body board meeting.
 1606         5. Any district landowner or qualified elector may contest
 1607  the accuracy of the urban area maps adopted by the governing
 1608  body board within 30 days after adoption by petition to the
 1609  circuit court with jurisdiction over the district. Accuracy
 1610  shall be determined pursuant to paragraph (1)(b). Any petitions
 1611  so filed shall be heard expeditiously, and the maps shall either
 1612  be approved or approved with necessary amendments to render the
 1613  maps accurate and shall be certified to the governing body
 1614  board.
 1615         6. Upon adoption by the governing body board or
 1616  certification by the court, the district urban area maps shall
 1617  serve as the official maps for determination of the extent of
 1618  urban area within the district and the number of governing body
 1619  board members to be elected by qualified electors and by the
 1620  one-acre/one-vote principle at the next regularly scheduled
 1621  election of governing body board members.
 1622         7. Upon a determination of the percentage of urban area
 1623  within the district as compared with total area within the
 1624  district, the governing body board shall order elections in
 1625  accordance with the percentages pursuant to paragraph (3)(a).
 1626  The landowners’ meeting date shall be designated by the
 1627  governing body board.
 1628         8. The maps shall be updated and readopted every 5 years or
 1629  sooner in the discretion of the governing body board.
 1630         (3) GOVERNING BODY BOARD.—
 1631         (a) Composition of board.—
 1632         1. Members of the governing body board of the district
 1633  shall be elected in accordance with the following determinations
 1634  of urban area:
 1635         a. If urban areas constitute 25 percent or less of the
 1636  district, one governing body board member shall be elected by
 1637  the qualified electors and four governing body board members
 1638  shall be elected in accordance with the one-acre/one-vote
 1639  principle contained within s. 298.11 or the district-enabling
 1640  legislation.
 1641         b. If urban areas constitute 26 percent to 50 percent of
 1642  the district, two governing body board members shall be elected
 1643  by the qualified electors and three governing body board members
 1644  shall be elected in accordance with the one-acre/one-vote
 1645  principle contained within s. 298.11 or the district-enabling
 1646  legislation.
 1647         c. If urban areas constitute 51 percent to 70 percent of
 1648  the district, three governing body board members shall be
 1649  elected by the qualified electors and two governing body board
 1650  members shall be elected in accordance with the one-acre/one
 1651  vote principle contained within s. 298.11 or the district
 1652  enabling legislation.
 1653         d. If urban areas constitute 71 percent to 90 percent of
 1654  the district, four governing body board members shall be elected
 1655  by the qualified electors and one governing body board member
 1656  shall be elected in accordance with the one-acre/one-vote
 1657  principle contained within s. 298.11 or the district-enabling
 1658  legislation.
 1659         e. If urban areas constitute 91 percent or more of the
 1660  district, all governing body board members shall be elected by
 1661  the qualified electors.
 1662         2. All governing body board members elected by qualified
 1663  electors shall be elected at large.
 1664         (b) Term of office.—All governing body board members
 1665  elected by qualified electors shall have a term of 4 years
 1666  except for governing body board members elected at the first
 1667  election and the first landowners’ meeting following the
 1668  referendum prescribed in paragraph (2)(a). Governing body board
 1669  members elected at the first election and the first landowners’
 1670  meeting following the referendum shall serve as follows:
 1671         1. If one governing body board member is elected by the
 1672  qualified electors and four are elected on a one-acre/one-vote
 1673  basis, the governing body board member elected by the qualified
 1674  electors shall be elected for a period of 4 years. Governing
 1675  body board members elected on a one-acre/one-vote basis shall be
 1676  elected for periods of 1, 2, 3, and 4 years, respectively, as
 1677  prescribed by ss. 298.11 and 298.12.
 1678         2. If two governing body board members are elected by the
 1679  qualified electors and three are elected on a one-acre/one-vote
 1680  basis, the governing body board members elected by the electors
 1681  shall be elected for a period of 4 years. Governing body board
 1682  members elected on a one-acre/one-vote basis shall be elected
 1683  for periods of 1, 2, and 3 years, respectively, as prescribed by
 1684  ss. 298.11 and 298.12.
 1685         3. If three governing body board members are elected by the
 1686  qualified electors and two are elected on a one-acre/one-vote
 1687  basis, two of the governing body board members elected by the
 1688  electors shall be elected for a term of 4 years and the other
 1689  governing body board member elected by the electors shall be
 1690  elected for a term of 2 years. Governing body board members
 1691  elected on a one-acre/one-vote basis shall be elected for terms
 1692  of 1 and 2 years, respectively, as prescribed by ss. 298.11 and
 1693  298.12.
 1694         4. If four governing body board members are elected by the
 1695  qualified electors and one is elected on a one-acre/one-vote
 1696  basis, two of the governing body board members elected by the
 1697  electors shall be elected for a term of 2 years and the other
 1698  two for a term of 4 years. The governing body board member
 1699  elected on a one-acre/one-vote basis shall be elected for a term
 1700  of 1 year as prescribed by ss. 298.11 and 298.12.
 1701         5. If five governing body board members are elected by the
 1702  qualified electors, three shall be elected for a term of 4 years
 1703  and two for a term of 2 years.
 1704         6. If any vacancy occurs in a seat occupied by a governing
 1705  body board member elected by the qualified electors, the
 1706  remaining members of the governing body board shall, within 45
 1707  days after the vacancy occurs, appoint a person who would be
 1708  eligible to hold the office to the unexpired term.
 1709         (c) Landowners’ meetings.—
 1710         1. An annual landowners’ meeting shall be held pursuant to
 1711  s. 298.11 and at least one governing body board member shall be
 1712  elected on a one-acre/one-vote basis pursuant to s. 298.12 for
 1713  so long as 10 percent or more of the district is not contained
 1714  in an urban area. In the event all district governing body board
 1715  members are elected by qualified electors, there shall be no
 1716  further landowners’ meetings.
 1717         2. At any landowners’ meeting called pursuant to this
 1718  section, 50 percent of the district acreage shall not be
 1719  required to constitute a quorum and each governing body board
 1720  member shall be elected by a majority of the acreage represented
 1721  either by owner or proxy present and voting at said meeting.
 1722         3. All landowners’ meetings of districts operating pursuant
 1723  to this section shall be set by the governing body board within
 1724  the month preceding the month of the election of the governing
 1725  body board members by the electors.
 1726         4. Vacancies on the governing body board shall be filled
 1727  pursuant to s. 298.12 except as otherwise provided in
 1728  subparagraph (b)6.
 1729         (4) QUALIFICATIONS.—Elections for governing body board
 1730  members elected by qualified electors shall be nonpartisan.
 1731  Qualifications shall be pursuant to the Florida Election Code
 1732  and shall occur during the qualifying period established by s.
 1733  99.061. Qualification requirements shall only apply to those
 1734  governing body board member candidates elected by qualified
 1735  electors. Following the first election pursuant to this section,
 1736  elections to the governing body board by qualified electors
 1737  shall occur at the next regularly scheduled election closest in
 1738  time to the expiration date of the term of the elected governing
 1739  body board member. If the next regularly scheduled election is
 1740  beyond the normal expiration time for the term of an elected
 1741  governing body board member, the governing body board member
 1742  shall hold office until the election of a successor.
 1743         (5) Those districts established as single-purpose water
 1744  control districts, and which continue to act as single-purpose
 1745  water control districts, pursuant to chapter 298, pursuant to a
 1746  special act, pursuant to a local government ordinance, or
 1747  pursuant to a judicial decree, shall be exempt from the
 1748  provisions of this section. All other independent special
 1749  districts with governing bodies boards elected on a one
 1750  acre/one-vote basis shall be subject to the provisions of this
 1751  section.
 1752         (6) The provisions of this section shall not apply to
 1753  community development districts established pursuant to chapter
 1754  190.
 1755         Section 30. Section 189.4065, Florida Statutes, is
 1756  transferred and renumbered as section 189.05, Florida Statutes.
 1757         Section 31. Section 189.408, Florida Statutes, is
 1758  transferred and renumbered as section 189.042, Florida Statutes.
 1759         Section 32. Section 189.4085, Florida Statutes, is
 1760  transferred and renumbered as section 189.051, Florida Statutes.
 1761         Section 33. Section 189.412, Florida Statutes, is
 1762  transferred and renumbered as section 189.064, Florida Statutes,
 1763  and amended to read:
 1764         189.064 189.412 Special District Accountability Information
 1765  Program; duties and responsibilities.—The Special District
 1766  Accountability Information Program of the department of Economic
 1767  Opportunity is created and has the following special duties:
 1768         (1) Electronically publishing The collection and
 1769  maintenance of special district noncompliance status reports
 1770  from the department of Management Services, the Department of
 1771  Financial Services, the Division of Bond Finance of the State
 1772  Board of Administration, the Auditor General, and the
 1773  Legislative Auditing Committee, for the reporting required in
 1774  ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance
 1775  reports must list those special districts that did not comply
 1776  with the statutory reporting requirements and be made available
 1777  to the public electronically.
 1778         (2) Maintaining the official list of special districts The
 1779  maintenance of a master list of independent and dependent
 1780  special districts which shall be available on the department’s
 1781  website.
 1782         (3) The Publishing and updating of a “Florida Special
 1783  District Handbook” that contains, at a minimum:
 1784         (a) A section that specifies definitions of special
 1785  districts and status distinctions in the statutes.
 1786         (b) A section or sections that specify current statutory
 1787  provisions for special district creation, implementation,
 1788  modification, dissolution, and operating procedures.
 1789         (c) A section that summarizes the reporting requirements
 1790  applicable to all types of special districts as provided in ss.
 1791  189.015 and 189.016 189.417 and 189.418.
 1792         (4) When feasible, securing and maintaining access to
 1793  special district information collected by all state agencies in
 1794  existing or newly created state computer systems.
 1795         (4)(5)Coordinating and communicating The facilitation of
 1796  coordination and communication among state agencies regarding
 1797  special districts district information.
 1798         (6) The conduct of studies relevant to special districts.
 1799         (5)(7)Providing technical advisory The provision of
 1800  assistance related to special districts regarding the and
 1801  appropriate in the performance of requirements specified in this
 1802  chapter, including assisting with an annual conference sponsored
 1803  by the Florida Association of Special Districts or its
 1804  successor.
 1805         (6)(8) Providing assistance to local general-purpose
 1806  governments and certain state agencies in collecting delinquent
 1807  reports or information.,
 1808         (7) Helping special districts comply with reporting
 1809  requirements.,
 1810         (8) Declaring special districts inactive when appropriate,
 1811  and, when directed by the Legislative Auditing Committee or
 1812  required by this chapter.,
 1813         (9) Initiating enforcement proceedings provisions as
 1814  provided in ss. 189.062, 189.066, and 189.067 189.4044, 189.419,
 1815  and 189.421.
 1816         Section 34. Section 189.413, Florida Statutes, is
 1817  transferred and renumbered as section 189.065, Florida Statutes,
 1818  and amended to read:
 1819         189.065 189.413 Special districts; oversight of state funds
 1820  use.—Any state agency administering funding programs for which
 1821  special districts are eligible shall be responsible for
 1822  oversight of the use of such funds by special districts. The
 1823  oversight responsibilities shall include, but not be limited to:
 1824         (1) Reporting the existence of the program to the Special
 1825  District Accountability Information Program of the department.
 1826         (2) Submitting annually a list of special districts
 1827  participating in a state funding program to the Special District
 1828  Accountability Information Program of the department. This list
 1829  must indicate the special districts, if any, that are not in
 1830  compliance with state funding program requirements.
 1831         Section 35. Section 189.415, Florida Statutes, is
 1832  transferred and renumbered as section 189.08, Florida Statutes.
 1833         Section 36. Section 189.4155, Florida Statutes, is
 1834  transferred and renumbered as section 189.081, Florida Statutes.
 1835         Section 37. Section 189.4156, Florida Statutes, is
 1836  transferred and renumbered as section 189.082, Florida Statutes.
 1837         Section 38. Section 189.416, Florida Statutes, is
 1838  transferred and renumbered as section 189.014, Florida Statutes,
 1839  and subsection (1) of that section is amended, to read:
 1840         189.014 189.416 Designation of registered office and
 1841  agent.—
 1842         (1) Within 30 days after the first meeting of its governing
 1843  body board, each special district in the state shall designate a
 1844  registered office and a registered agent and file such
 1845  information with the local governing authority or authorities
 1846  and with the department. The registered agent shall be an agent
 1847  of the district upon whom any process, notice, or demand
 1848  required or permitted by law to be served upon the district may
 1849  be served. A registered agent shall be an individual resident of
 1850  this state whose business address is identical with the
 1851  registered office of the district. The registered office may be,
 1852  but need not be, the same as the place of business of the
 1853  special district.
 1854         Section 39. Section 189.417, Florida Statutes, is
 1855  transferred and renumbered as section 189.015, Florida Statutes,
 1856  and subsection (1) of that section is amended, to read:
 1857         189.015 189.417 Meetings; notice; required reports.—
 1858         (1) The governing body of each special district shall file
 1859  quarterly, semiannually, or annually a schedule of its regular
 1860  meetings with the local governing authority or authorities. The
 1861  schedule shall include the date, time, and location of each
 1862  scheduled meeting. The schedule shall be published quarterly,
 1863  semiannually, or annually in a newspaper of general paid
 1864  circulation in the manner required in this subsection. The
 1865  governing body of an independent special district shall
 1866  advertise the day, time, place, and purpose of any meeting other
 1867  than a regular meeting or any recessed and reconvened meeting of
 1868  the governing body, at least 7 days before prior to such
 1869  meeting, in a newspaper of general paid circulation in the
 1870  county or counties in which the special district is located,
 1871  unless a bona fide emergency situation exists, in which case a
 1872  meeting to deal with the emergency may be held as necessary,
 1873  with reasonable notice, so long as it is subsequently ratified
 1874  by the governing body board. No approval of the annual budget
 1875  shall be granted at an emergency meeting. The advertisement
 1876  shall be placed in that portion of the newspaper where legal
 1877  notices and classified advertisements appear. The advertisement
 1878  shall appear in a newspaper that is published at least 5 days a
 1879  week, unless the only newspaper in the county is published fewer
 1880  than 5 days a week. The newspaper selected must be one of
 1881  general interest and readership in the community and not one of
 1882  limited subject matter, pursuant to chapter 50. Any other
 1883  provision of law to the contrary notwithstanding, and except in
 1884  the case of emergency meetings, water management districts may
 1885  provide reasonable notice of public meetings held to evaluate
 1886  responses to solicitations issued by the water management
 1887  district, by publication in a newspaper of general paid
 1888  circulation in the county where the principal office of the
 1889  water management district is located, or in the county or
 1890  counties where the public work will be performed, no less than 7
 1891  days before such meeting.
 1892         Section 40. Section 189.418, Florida Statutes, is
 1893  transferred and renumbered as section 189.016, Florida Statutes,
 1894  and subsections (2) and (10) of that section are amended, to
 1895  read:
 1896         189.016 189.418 Reports; budgets; audits.—
 1897         (2) Any amendment, modification, or update of the document
 1898  by which the district was created, including changes in
 1899  boundaries, must be filed with the department within 30 days
 1900  after adoption. The department may initiate proceedings against
 1901  special districts as provided in s. 189.067 189.421 for failure
 1902  to file the information required by this subsection. However,
 1903  for the purposes of this section and s. 175.101(1), the
 1904  boundaries of a district shall be deemed to include an area that
 1905  has been annexed until the completion of the 4-year period
 1906  specified in s. 171.093(4) or other mutually agreed upon
 1907  extension, or when a district is providing services pursuant to
 1908  an interlocal agreement entered into pursuant to s. 171.093(3).
 1909         (10) All reports or information required to be filed with a
 1910  local general-purpose government or governing authority under
 1911  ss. 189.08, 189.014, and 189.015 189.415, 189.416, and 189.417
 1912  and subsection (8) must:
 1913         (a) If the local general-purpose government or governing
 1914  authority is a county, be filed with the clerk of the board of
 1915  county commissioners.
 1916         (b) If the district is a multicounty district, be filed
 1917  with the clerk of the county commission in each county.
 1918         (c) If the local general-purpose government or governing
 1919  authority is a municipality, be filed at the place designated by
 1920  the municipal governing body.
 1921         Section 41. Section 189.419, Florida Statutes, is
 1922  transferred, renumbered as section 189.066, Florida Statutes,
 1923  and amended to read:
 1924         189.066 189.419 Effect of failure to file certain reports
 1925  or information.—
 1926         (1) If an independent special district fails to file the
 1927  reports or information required under s. 189.08, s. 189.014, s.
 1928  189.015, or s. 189.016(9) 189.415, s. 189.416, s. 189.417, or s.
 1929  189.418(9) with the local general-purpose government or
 1930  governments in which it is located, the person authorized to
 1931  receive and read the reports or information or the local
 1932  general-purpose government shall notify the district’s
 1933  registered agent. If requested by the district, the local
 1934  general-purpose government shall grant an extension of up to 30
 1935  days for filing the required reports or information. If the
 1936  governing body of the local general-purpose government or
 1937  governments determines that there has been an unjustified
 1938  failure to file these reports or information, it may notify the
 1939  department, and the department may proceed pursuant to s.
 1940  189.067(1) 189.421(1).
 1941         (2) If a dependent special district fails to file the
 1942  reports or information required under s. 189.014, s. 189.015, or
 1943  s. 189.016(9) 189.416, s. 189.417, or s. 189.418(9) with the
 1944  local governing authority to which it is dependent, the local
 1945  governing authority shall take whatever steps it deems necessary
 1946  to enforce the special district’s accountability. Such steps may
 1947  include, as authorized, withholding funds, removing governing
 1948  body board members at will, vetoing the special district’s
 1949  budget, conducting the oversight review process set forth in s.
 1950  189.068 189.428, or amending, merging, or dissolving the special
 1951  district in accordance with the provisions contained in the
 1952  ordinance that created the dependent special district.
 1953         (3) If a special district fails to file the reports or
 1954  information required under s. 218.38 with the appropriate state
 1955  agency, the agency shall notify the department, and the
 1956  department shall send a certified technical assistance letter to
 1957  the special district which summarizes the requirements and
 1958  compels encourages the special district to take steps to prevent
 1959  the noncompliance from reoccurring.
 1960         (4) If a special district fails to file the reports or
 1961  information required under s. 112.63 with the appropriate state
 1962  agency, the agency shall notify the department and the
 1963  department shall proceed pursuant to s. 189.067(1) 189.421(1).
 1964         (5) If a special district fails to file the reports or
 1965  information required under s. 218.32 or s. 218.39 with the
 1966  appropriate state agency or office, the state agency or office
 1967  shall notify, and the Legislative Auditing Committee may, notify
 1968  the department and the department shall proceed pursuant to s.
 1969  189.421.
 1970         (6) If a special district created by special act of the
 1971  Legislature fails to file the reports or information required
 1972  under s. 218.32 or s. 218.39 with the appropriate state agency
 1973  or office, the Legislative Auditing Committee shall notify the
 1974  department and the chair of the county legislative delegation in
 1975  writing, pursuant to s. 189.034.
 1976         (7) If a special district created by ordinance fails to
 1977  file the reports or information required under s. 218.32 or
 1978  218.39 with the appropriate state agency or office, the
 1979  Legislative Auditing Committee shall notify the department and
 1980  the chair or equivalent of the local general-purpose government
 1981  that created the district, in writing, pursuant to s. 189.035.
 1982         Section 42. Section 189.420, Florida Statutes, is
 1983  transferred and renumbered as section 189.052, Florida Statutes.
 1984         Section 43. Section 189.421, Florida Statutes, is
 1985  transferred, renumbered as section 189.067, Florida Statutes,
 1986  and amended to read:
 1987         189.067 189.421 Failure of district to disclose financial
 1988  reports.—
 1989         (1)(a) If notified pursuant to s. 189.066(1) 189.419(1),
 1990  (4), or (5), the department shall attempt to assist a special
 1991  district in complying with its financial reporting requirements
 1992  by sending a certified letter to the special district, and, if
 1993  the special district is dependent, sending a copy of that letter
 1994  to the chair of the local governing authority. The letter must
 1995  include a description of the required report, including
 1996  statutory submission deadlines, a contact telephone number for
 1997  technical assistance to help the special district comply, a 60
 1998  day deadline for filing the required report with the appropriate
 1999  entity, the address where the report must be filed, and an
 2000  explanation of the penalties for noncompliance.
 2001         (b) A special district that is unable to meet the 60-day
 2002  reporting deadline must provide written notice to the department
 2003  before the expiration of the deadline stating the reason the
 2004  special district is unable to comply with the deadline, the
 2005  steps the special district is taking to prevent the
 2006  noncompliance from reoccurring, and the estimated date that the
 2007  special district will file the report with the appropriate
 2008  agency. The district’s written response does not constitute an
 2009  extension by the department; however, the department shall
 2010  forward the written response as follows to:
 2011         1. If the written response refers to the reports required
 2012  under s. 218.32 or s. 218.39, to the Legislative Auditing
 2013  Committee for its consideration in determining whether the
 2014  special district should be subject to further state action in
 2015  accordance with s. 11.40(2)(b).
 2016         2. If the written response refers to the reports or
 2017  information requirements listed in s. 189.066(1) 189.419(1), to
 2018  the local general-purpose government or governments for their
 2019  consideration in determining whether the oversight review
 2020  process set forth in s. 189.068 189.428 should be undertaken.
 2021         3. If the written response refers to the reports or
 2022  information required under s. 112.63, to the Department of
 2023  Management Services for its consideration in determining whether
 2024  the special district should be subject to further state action
 2025  in accordance with s. 112.63(4)(d)2.
 2026         (2) Failure of a special district to comply with the
 2027  actuarial and financial reporting requirements under s. 112.63,
 2028  s. 218.32, or s. 218.39 after the procedures of subsection (1)
 2029  are exhausted shall be deemed final action of the special
 2030  district. The actuarial and financial reporting requirements are
 2031  declared to be essential requirements of law. Remedy for
 2032  noncompliance shall be as provided in s. 189.034 or s. 189.035
 2033  by writ of certiorari as set forth in subsection (4).
 2034         (3) Pursuant to s. 11.40(2)(b), the Legislative Auditing
 2035  Committee shall notify the department of those districts that
 2036  fail to file the required reports. If the procedures described
 2037  in subsection (1) have not yet been initiated, the department
 2038  shall initiate such procedures upon receiving the notice from
 2039  the Legislative Auditing Committee. Otherwise, within 60 days
 2040  after receiving such notice, or within 60 days after the
 2041  expiration of the 60-day deadline provided in subsection (1),
 2042  whichever occurs later, the department, notwithstanding the
 2043  provisions of chapter 120, shall file a petition for writ of
 2044  certiorari with the circuit court. Venue for all actions
 2045  pursuant to this subsection is in Leon County. The court shall
 2046  award the prevailing party attorney’s fees and costs unless
 2047  affirmatively waived by all parties. A writ of certiorari shall
 2048  be issued unless a respondent establishes that the notification
 2049  of the Legislative Auditing Committee was issued as a result of
 2050  material error. Proceedings under this subsection are otherwise
 2051  governed by the Rules of Appellate Procedure.
 2052         (4) Pursuant to s. 112.63(4)(d)2., the Department of
 2053  Management Services may notify the department of those special
 2054  districts that have failed to file the required adjustments,
 2055  additional information, or report or statement after the
 2056  procedures of subsection (1) have been exhausted. Within 60 days
 2057  after receiving such notice or within 60 days after the 60-day
 2058  deadline provided in subsection (1), whichever occurs later, the
 2059  department, notwithstanding chapter 120, shall file a petition
 2060  for writ of certiorari with the circuit court. Venue for all
 2061  actions pursuant to this subsection is in Leon County. The court
 2062  shall award the prevailing party attorney’s fees and costs
 2063  unless affirmatively waived by all parties. A writ of certiorari
 2064  shall be issued unless a respondent establishes that the
 2065  notification of the Department of Management Services was issued
 2066  as a result of material error. Proceedings under this subsection
 2067  are otherwise governed by the Rules of Appellate Procedure.
 2068         Section 44. Section 189.4221, Florida Statutes, is
 2069  transferred and renumbered as section 189.053, Florida Statutes.
 2070         Section 45. Section 189.423, Florida Statutes, is
 2071  transferred and renumbered as section 189.054, Florida Statutes.
 2072         Section 46. Section 189.425, Florida Statutes, is
 2073  transferred and renumbered as section 189.017, Florida Statutes.
 2074         Section 47. Section 189.427, Florida Statutes, is
 2075  transferred and renumbered as section 189.018, Florida Statutes,
 2076  and amended to read:
 2077         189.018 189.427 Fee schedule; Operating Grants and
 2078  Donations Trust Fund.—The department of Economic Opportunity, by
 2079  rule, shall establish a schedule of fees to pay one-half of the
 2080  costs incurred by the department in administering this act,
 2081  except that the fee may not exceed $175 per district per year.
 2082  The fees collected under this section shall be deposited in the
 2083  Operating Grants and Donations Trust Fund, which shall be
 2084  administered by the department of Economic Opportunity. Any fee
 2085  rule must consider factors such as the dependent and independent
 2086  status of the district and district revenues for the most recent
 2087  fiscal year as reported to the Department of Financial Services.
 2088  The department may assess fines of not more than $25, with an
 2089  aggregate total not to exceed $50, as penalties against special
 2090  districts that fail to remit required fees to the department. It
 2091  is the intent of the Legislature that general revenue funds will
 2092  be made available to the department to pay one-half of the cost
 2093  of administering this act.
 2094         Section 48. Section 189.428, Florida Statutes, is
 2095  transferred and renumbered as section 189.068, Florida Statutes,
 2096  and amended, to read:
 2097         189.068 189.428 Special districts; oversight review
 2098  process.—
 2099         (1) The Legislature finds it to be in the public interest
 2100  to establish an oversight review process for special districts
 2101  wherein each special district in the state may be reviewed by
 2102  the local general-purpose government in which the district
 2103  exists. The Legislature further finds and determines that such
 2104  law fulfills an important state interest. It is the intent of
 2105  the Legislature that the oversight review process shall
 2106  contribute to informed decisionmaking. These decisions may
 2107  involve the continuing existence or dissolution of a district,
 2108  the appropriate future role and focus of a district,
 2109  improvements in the functioning or delivery of services by a
 2110  district, and the need for any transition, adjustment, or
 2111  special implementation periods or provisions. Any final
 2112  recommendations from the oversight review process that are
 2113  adopted and implemented by the appropriate level of government
 2114  shall not be implemented in a manner that would impair the
 2115  obligation of contracts.
 2116         (2) It is the intent of the Legislature that any oversight
 2117  review process be conducted in conjunction with special district
 2118  public facilities reporting and the local government evaluation
 2119  and appraisal report process described in s. 189.415(2).
 2120         (2)(3)The order in which Special districts are may be
 2121  subject to oversight review shall be determined by the reviewer
 2122  and shall occur as follows:
 2123         (a) All independent special districts created by special
 2124  act of the Legislature may be reviewed by any legislative
 2125  delegation of a county in which the geographical jurisdiction of
 2126  the special district exists.
 2127         (b)(a) All dependent special districts may be reviewed by
 2128  the general-purpose local government to which they are
 2129  dependent.
 2130         (b) All single-county independent special districts may be
 2131  reviewed by a county or municipality in which they are located
 2132  or the government that created the district. Any single-county
 2133  independent district that serves an area greater than the
 2134  boundaries of one general-purpose local government may only be
 2135  reviewed by the county on the county’s own initiative or upon
 2136  receipt of a request from any municipality served by the special
 2137  district.
 2138         (c) All multicounty independent special districts may be
 2139  reviewed by the government that created the district. Any
 2140  general-purpose local governments within the boundaries of a
 2141  multicounty district may prepare a preliminary review of a
 2142  multicounty special district for possible reference or inclusion
 2143  in the full review report.
 2144         (d) Upon request by the reviewer, any special district
 2145  within all or a portion of the same county as the special
 2146  district being reviewed may prepare a preliminary review of the
 2147  district for possible reference or inclusion in the full
 2148  oversight review report.
 2149         (3)(4) All special districts, governmental entities, and
 2150  state agencies shall cooperate with the Legislature and with any
 2151  general-purpose local government seeking information or
 2152  assistance with the oversight review process and with the
 2153  preparation of an oversight review report.
 2154         (4)(5) Those conducting the oversight review process shall,
 2155  at a minimum, consider the listed criteria for evaluating the
 2156  special district, but may also consider any additional factors
 2157  relating to the district and its performance. If any of the
 2158  listed criteria does not apply to the special district being
 2159  reviewed, it need not be considered. The criteria to be
 2160  considered by the reviewer include:
 2161         (a) The degree to which the service or services offered by
 2162  the special district are essential or contribute to the well
 2163  being of the community.
 2164         (b) The extent of continuing need for the service or
 2165  services currently provided by the special district.
 2166         (c) The extent of municipal annexation or incorporation
 2167  activity occurring or likely to occur within the boundaries of
 2168  the special district and its impact on the delivery of services
 2169  by the special district.
 2170         (d) Whether there is a less costly alternative method of
 2171  delivering the service or services that would adequately provide
 2172  the district residents with the services provided by the
 2173  district.
 2174         (e) Whether transfer of the responsibility for delivery of
 2175  the service or services to an entity other than the special
 2176  district being reviewed could be accomplished without
 2177  jeopardizing the district’s existing contracts, bonds, or
 2178  outstanding indebtedness.
 2179         (f) Whether the Auditor General has notified the
 2180  Legislative Auditing Committee that the special district’s audit
 2181  report, reviewed pursuant to s. 11.45(7), indicates that the
 2182  district has met any of the conditions specified in s.
 2183  218.503(1) or that a deteriorating financial condition exists
 2184  that may cause a condition described in s. 218.503(1) to occur
 2185  if actions are not taken to address such condition.
 2186         (g) Whether the district is inactive according to the
 2187  official list of special districts, and whether the district is
 2188  meeting and discharging its responsibilities as required by its
 2189  charter, as well as projected increases or decreases in district
 2190  activity.
 2191         (h) Whether the special district has failed to comply with
 2192  any of the reporting requirements in this chapter, including
 2193  preparation of the public facilities report.
 2194         (i) Whether the special district has designated a
 2195  registered office and agent as required by s. 189.014 189.416,
 2196  and has complied with all open public records and meeting
 2197  requirements.
 2198         (6) Any special district may at any time provide the
 2199  Legislature and the general-purpose local government conducting
 2200  the review or making decisions based upon the final oversight
 2201  review report with written responses to any questions, concerns,
 2202  preliminary reports, draft reports, or final reports relating to
 2203  the district.
 2204         (7) The final report of a reviewing government shall be
 2205  filed with the government that created the district and shall
 2206  serve as the basis for any modification to the district charter
 2207  or dissolution or merger of the district.
 2208         (8) If legislative dissolution or merger of a district is
 2209  proposed in the final report, the reviewing government shall
 2210  also propose a plan for the merger or dissolution, and the plan
 2211  shall address the following factors in evaluating the proposed
 2212  merger or dissolution:
 2213         (a) Whether, in light of independent fiscal analysis,
 2214  level-of-service implications, and other public policy
 2215  considerations, the proposed merger or dissolution is the best
 2216  alternative for delivering services and facilities to the
 2217  affected area.
 2218         (b) Whether the services and facilities to be provided
 2219  pursuant to the merger or dissolution will be compatible with
 2220  the capacity and uses of existing local services and facilities.
 2221         (c) Whether the merger or dissolution is consistent with
 2222  applicable provisions of the state comprehensive plan, the
 2223  strategic regional policy plan, and the local government
 2224  comprehensive plans of the affected area.
 2225         (d) Whether the proposed merger adequately provides for the
 2226  assumption of all indebtedness.
 2227  
 2228  The reviewing government shall consider the report in a public
 2229  hearing held within the jurisdiction of the district. If adopted
 2230  by the governing board of the reviewing government, the request
 2231  for legislative merger or dissolution of the district may
 2232  proceed. The adopted plan shall be filed as an attachment to the
 2233  economic impact statement regarding the proposed special act or
 2234  general act of local application dissolving a district.
 2235         (9) This section does not apply to a deepwater port listed
 2236  in s. 311.09(1) which is in compliance with a port master plan
 2237  adopted pursuant to s. 163.3178(2)(k), or to an airport
 2238  authority operating in compliance with an airport master plan
 2239  approved by the Federal Aviation Administration, or to any
 2240  special district organized to operate health systems and
 2241  facilities licensed under chapter 395, chapter 400, or chapter
 2242  429.
 2243         Section 49. Section 189.429, Florida Statutes, is
 2244  transferred and renumbered as section 189.019, Florida Statutes,
 2245  and subsection (1) of that section is amended, to read:
 2246         189.019 189.429 Codification.—
 2247         (1) Each district, by December 1, 2004, shall submit to the
 2248  Legislature a draft codified charter, at its expense, so that
 2249  its special acts may be codified into a single act for
 2250  reenactment by the Legislature, if there is more than one
 2251  special act for the district. The Legislature may adopt a
 2252  schedule for individual district codification. Any codified act
 2253  relating to a district, which act is submitted to the
 2254  Legislature for reenactment, shall provide for the repeal of all
 2255  prior special acts of the Legislature relating to the district.
 2256  The codified act shall be filed with the department pursuant to
 2257  s. 189.016(2) 189.418(2).
 2258         Section 50. Sections 189.430, 189.431, 189.432, 189.433,
 2259  189.434, 189.435, 189.436, 189.437, 189.438, 189.439, 189.440,
 2260  189.441, 189.442, 189.443, and 189.444, Florida Statutes, are
 2261  repealed.
 2262         Section 51. Section 189.034, Florida Statutes, is created
 2263  to read:
 2264         189.034 Oversight of special districts created by special
 2265  act of the Legislature.—
 2266         (1) If a special district created by special act of the
 2267  Legislature fails to file reports required under ss. 218.32 and
 2268  218.39 with the appropriate state agency, the Legislative
 2269  Auditing Committee or its designee shall provide written notice
 2270  of the district’s noncompliance to the chair of the county
 2271  legislative delegation in which the geographical boundaries of
 2272  the jurisdiction of the special district are located or, if the
 2273  jurisdiction of the special district extends beyond the
 2274  boundaries of a single county, to the chairs of the county
 2275  legislative delegation for each county in which the district has
 2276  jurisdiction.
 2277         (2) The chair of the county legislative delegation shall
 2278  convene a public hearing on the issue of noncompliance within 6
 2279  months after receipt of notice of noncompliance from the
 2280  Legislative Auditing Committee.
 2281         (3) Before the public hearing regarding the special
 2282  district’s noncompliance, the county legislative delegation may
 2283  request the following information from the special district:
 2284         (a) The district’s annual financial report for the previous
 2285  fiscal year.
 2286         (b) The district’s audit report for the previous fiscal
 2287  year.
 2288         (c) An annual report for the previous fiscal year providing
 2289  a detailed review of the performance of the special district,
 2290  which must include the following information:
 2291         1. The mission of the special district.
 2292         2. The sources of funding for the special district.
 2293         3. A description of the major activities, programs, and
 2294  initiatives the special district undertook in the most recently
 2295  completed fiscal year and the benchmarks or criteria under which
 2296  the success or failure of the district was determined by its
 2297  governing body.
 2298         4. Any challenges or obstacles faced by the special
 2299  district in fulfilling its mission and related responsibilities.
 2300         5. Ways the special district believes it could better
 2301  fulfill its mission and related responsibilities and a
 2302  description of the actions that it intends to take during the
 2303  ensuing fiscal year.
 2304         6. Proposed changes to the special act that established the
 2305  special district and justification for such changes.
 2306         7. Any other information reasonably required to provide the
 2307  legislative delegation with an accurate understanding of the
 2308  purpose for which the special district exists and how it is
 2309  fulfilling its responsibilities to accomplish that purpose.
 2310         8. Any reasons for the district’s noncompliance.
 2311         9. Whether the district is currently in compliance.
 2312         10. Plans to correct any recurring issues of noncompliance.
 2313         11. Efforts to promote transparency, including maintenance
 2314  of the district’s website in accordance with s. 189.069.
 2315         Section 52. Section 189.035, Florida Statutes, is created
 2316  to read:
 2317         189.035 Oversight of special districts created by local
 2318  ordinance.—
 2319         (1) If a special district created by local ordinance fails
 2320  to file reports required under ss. 218.32 and 218.39 with the
 2321  appropriate state agency, the Legislative Auditing Committee or
 2322  its designee shall provide written notice of the district’s
 2323  noncompliance to the chair or equivalent of the local general
 2324  purpose government.
 2325         (2) The chair or equivalent of the local general-purpose
 2326  government shall convene a public hearing on the issue of
 2327  noncompliance within 6 months after receipt of notice of
 2328  noncompliance from the Legislative Auditing Committee.
 2329         (3) Before the public hearing regarding the special
 2330  district’s noncompliance, the local general-purpose government
 2331  may request the following information from the special district:
 2332         (a) The district’s annual financial report for the previous
 2333  fiscal year.
 2334         (b) The district’s audit report for the previous fiscal
 2335  year.
 2336         (c) An annual report for the previous fiscal year, which
 2337  must provide a detailed review of the performance of the special
 2338  district and include the following information:
 2339         1. The mission of the special district.
 2340         2. The sources of funding for the special district.
 2341         3. A description of the major activities, programs, and
 2342  initiatives the special district undertook in the most recently
 2343  completed fiscal year and the benchmarks or criteria under which
 2344  the success or failure of the district was determined by its
 2345  governing body.
 2346         4. Any challenges or obstacles faced by the special
 2347  district in fulfilling its mission and related responsibilities.
 2348         5. Ways the special district believes it could better
 2349  fulfill its mission and related responsibilities and a
 2350  description of the actions that it intends to take during the
 2351  ensuing fiscal year.
 2352         6. Proposed changes to the special act that established the
 2353  special district and justification for such changes.
 2354         7. Any other information reasonably required to provide the
 2355  legislative delegations with an accurate understanding of the
 2356  purpose for which the special district exists and how it is
 2357  fulfilling its responsibilities to accomplish that purpose.
 2358         8. Any reasons for the district’s noncompliance.
 2359         9. Whether the district is currently in compliance.
 2360         10. Plans to correct any recurring issues of noncompliance.
 2361         11. Efforts to promote transparency, including maintenance
 2362  of the district’s website in accordance with s. 189.069.
 2363         Section 53. Section 189.055, Florida Statutes, is created
 2364  to read:
 2365         189.055 Treatment of special districts.—For the purpose of
 2366  s. 196.199(1), special districts shall be treated as
 2367  municipalities.
 2368         Section 54. Section 189.069, Florida Statutes, is created
 2369  to read:
 2370         189.069 Special districts; required reporting of
 2371  information; web-based public access.—
 2372         (1) Beginning on July 1, 2015, for each fiscal year, all
 2373  special districts shall annually update and maintain on their
 2374  respective official Internet websites the information required
 2375  by this section in accordance with s. 189.016. All special
 2376  districts shall submit their official Internet website addresses
 2377  to the department.
 2378         (a) A special district shall post the following
 2379  information, at a minimum, on the district’s official website:
 2380         1. The full legal name of the special district.
 2381         2. The public purpose of the special district.
 2382         3. The name, address, e-mail address, and, if applicable,
 2383  the term and appointing authority for each member of the
 2384  governing body of the special district.
 2385         4. The fiscal year of the special district.
 2386         5. The full text of the special district’s charter, the
 2387  date the special district was established, the entity that
 2388  established the special district, and the statute or statutes
 2389  under which the special district operates, if different from the
 2390  statute or statutes under which the special district was
 2391  established.
 2392         6. The mailing address, e-mail address, telephone number,
 2393  and Internet website uniform resource locator of the special
 2394  district.
 2395         7. A description of the boundaries or service area of, and
 2396  the services provided by, the special district.
 2397         8. A listing of all taxes, fees, or charges imposed and
 2398  collected by the special district, including the rates or
 2399  amounts charged for the fiscal year and the statutory authority
 2400  for the levy of the tax, fee, or charge.
 2401         9. The primary contact information for the special district
 2402  for purposes of communication from the department.
 2403         10. The code of ethics that applies to the special
 2404  district, and whether the special district has adopted
 2405  additional ethics provisions.
 2406         11. A listing of all federal, state, and local entities
 2407  that have oversight authority over the special district or to
 2408  which the special district submits reports, data, or
 2409  information.
 2410         12. The most recent adopted budget of the special district.
 2411         13. After the end of each fiscal year, a comparison of the
 2412  budget to actual revenues and expenditures for each fiscal year.
 2413         14. Any completed audit reports for the most recent
 2414  completed fiscal year, and audit reports required by law or
 2415  authorized by the governing body of the special district.
 2416         15. Any other financial and administrative information
 2417  required by the department.
 2418         (b) The department’s Internet website list of special
 2419  districts in the state required under s. 189.061 must include a
 2420  link to the website of each special district that provides web
 2421  based access to the public to the information and documents
 2422  required under paragraph (a).
 2423         Section 55. Section 189.0691, Florida Statutes, is created
 2424  to read:
 2425         189.0691 Suspension of special district governing body
 2426  members.—If a special district violates the requirements of this
 2427  chapter, the department shall report such violations, and
 2428  provide all appropriate proof of the violations, to the
 2429  Governor, who may take action against the governing body members
 2430  of the special district as authorized in s. 112.511; however,
 2431  the Governor and appointing authority shall ensure that the
 2432  governing body maintains a sufficient number of members to
 2433  constitute a quorum.
 2434         Section 56. Paragraph (e) of subsection (1) and paragraph
 2435  (c) of subsection (7) of section 11.45, Florida Statutes, are
 2436  amended to read:
 2437         11.45 Definitions; duties; authorities; reports; rules.—
 2438         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
 2439         (e) “Local governmental entity” means a county agency,
 2440  municipality, or special district as defined in s. 189.012
 2441  189.403, but does not include any housing authority established
 2442  under chapter 421.
 2443         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2444         (c) The Auditor General shall provide annually a list of
 2445  those special districts which are not in compliance with s.
 2446  218.39 to the Special District Accountability Information
 2447  Program of the Department of Economic Opportunity.
 2448         Section 57. Paragraph (c) of subsection (4) of section
 2449  100.011, Florida Statutes, is amended to read:
 2450         100.011 Opening and closing of polls, all elections;
 2451  expenses.—
 2452         (4)
 2453         (c) The provisions of any special law to the contrary
 2454  notwithstanding, all independent and dependent special district
 2455  elections, with the exception of community development district
 2456  elections, shall be conducted in accordance with the
 2457  requirements of ss. 189.04 and 189.041 189.405 and 189.4051.
 2458         Section 58. Paragraph (f) of subsection (1) of section
 2459  101.657, Florida Statutes, is amended to read:
 2460         101.657 Early voting.—
 2461         (1)
 2462         (f) Notwithstanding the requirements of s. 189.04 189.405,
 2463  special districts may provide early voting in any district
 2464  election not held in conjunction with county or state elections.
 2465  If a special district provides early voting, it may designate as
 2466  many sites as necessary and shall conduct its activities in
 2467  accordance with the provisions of paragraphs (a)-(c). The
 2468  supervisor is not required to conduct early voting if it is
 2469  provided pursuant to this subsection.
 2470         Section 59. Paragraph (a) of subsection (14) of section
 2471  112.061, Florida Statutes, is amended to read:
 2472         112.061 Per diem and travel expenses of public officers,
 2473  employees, and authorized persons.—
 2474         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
 2475  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
 2476  ORGANIZATIONS.—
 2477         (a) The following entities may establish rates that vary
 2478  from the per diem rate provided in paragraph (6)(a), the
 2479  subsistence rates provided in paragraph (6)(b), or the mileage
 2480  rate provided in paragraph (7)(d) if those rates are not less
 2481  than the statutorily established rates that are in effect for
 2482  the 2005-2006 fiscal year:
 2483         1. The governing body of a county by the enactment of an
 2484  ordinance or resolution;
 2485         2. A county constitutional officer, pursuant to s. 1(d),
 2486  Art. VIII of the State Constitution, by the establishment of
 2487  written policy;
 2488         3. The governing body of a district school board by the
 2489  adoption of rules;
 2490         4. The governing body of a special district, as defined in
 2491  s. 189.012 189.403(1), except those special districts that are
 2492  subject to s. 166.021(9), by the enactment of a resolution; or
 2493         5. Any metropolitan planning organization created pursuant
 2494  to s. 339.175 or any other separate legal or administrative
 2495  entity created pursuant to s. 339.175 of which a metropolitan
 2496  planning organization is a member, by the enactment of a
 2497  resolution.
 2498         Section 60. Paragraph (d) of subsection (4) of section
 2499  112.63, Florida Statutes, is amended to read:
 2500         112.63 Actuarial reports and statements of actuarial
 2501  impact; review.—
 2502         (4) Upon receipt, pursuant to subsection (2), of an
 2503  actuarial report, or, pursuant to subsection (3), of a statement
 2504  of actuarial impact, the Department of Management Services shall
 2505  acknowledge such receipt, but shall only review and comment on
 2506  each retirement system’s or plan’s actuarial valuations at least
 2507  on a triennial basis.
 2508         (d) In the case of an affected special district, the
 2509  Department of Management Services shall also notify the
 2510  Department of Economic Opportunity. Upon receipt of
 2511  notification, the Department of Economic Opportunity shall
 2512  proceed pursuant to s. 189.067 189.421.
 2513         1. Failure of a special district to provide a required
 2514  report or statement, to make appropriate adjustments, or to
 2515  provide additional material information after the procedures
 2516  specified in s. 189.067(1) 189.421(1) are exhausted shall be
 2517  deemed final action by the special district.
 2518         2. The Department of Management Services may notify the
 2519  Department of Economic Opportunity of those special districts
 2520  that failed to come into compliance. Upon receipt of
 2521  notification, the Department of Economic Opportunity shall
 2522  proceed pursuant to s. 189.067(4) 189.421(4).
 2523         Section 61. Subsection (1) of section 112.665, Florida
 2524  Statutes, is amended to read:
 2525         112.665 Duties of Department of Management Services.—
 2526         (1) The Department of Management Services shall:
 2527         (a) Gather, catalog, and maintain complete, computerized
 2528  data information on all public employee retirement systems or
 2529  plans in the state based upon a review of audits, reports, and
 2530  other data pertaining to the systems or plans;
 2531         (b) Receive and comment upon all actuarial reviews of
 2532  retirement systems or plans maintained by units of local
 2533  government;
 2534         (c) Cooperate with local retirement systems or plans on
 2535  matters of mutual concern and provide technical assistance to
 2536  units of local government in the assessment and revision of
 2537  retirement systems or plans;
 2538         (d) Annually issue, by January 1, a report to the President
 2539  of the Senate and the Speaker of the House of Representatives,
 2540  which details division activities, findings, and recommendations
 2541  concerning all governmental retirement systems. The report may
 2542  include legislation proposed to carry out such recommendations;
 2543         (e) Provide a fact sheet for each participating local
 2544  government defined benefit pension plan which summarizes the
 2545  plan’s actuarial status. The fact sheet should provide a summary
 2546  of the plan’s most current actuarial data, minimum funding
 2547  requirements as a percentage of pay, and a 5-year history of
 2548  funded ratios. The fact sheet must include a brief explanation
 2549  of each element in order to maximize the transparency of the
 2550  local government plans. The fact sheet must also contain the
 2551  information specified in s. 112.664(1). These documents shall be
 2552  posted on the department’s website. Plan sponsors that have
 2553  websites must provide a link to the department’s website;
 2554         (f) Annually issue, by January 1, a report to the Special
 2555  District Accountability Information Program of the Department of
 2556  Economic Opportunity which includes the participation in and
 2557  compliance of special districts with the local government
 2558  retirement system provisions in s. 112.63 and the state
 2559  administered retirement system provisions specified in part I of
 2560  chapter 121; and
 2561         (g) Adopt reasonable rules to administer this part.
 2562         Section 62. Subsection (9) of section 121.021, Florida
 2563  Statutes, is amended to read:
 2564         121.021 Definitions.—The following words and phrases as
 2565  used in this chapter have the respective meanings set forth
 2566  unless a different meaning is plainly required by the context:
 2567         (9) “Special district” means an independent special
 2568  district as defined in s. 189.012 189.403(3).
 2569         Section 63. Paragraph (b) of subsection (2) of section
 2570  121.051, Florida Statutes, is amended to read:
 2571         121.051 Participation in the system.—
 2572         (2) OPTIONAL PARTICIPATION.—
 2573         (b)1. The governing body of any municipality, metropolitan
 2574  planning organization, or special district in the state may
 2575  elect to participate in the Florida Retirement System upon
 2576  proper application to the administrator and may cover all of its
 2577  units as approved by the Secretary of Health and Human Services
 2578  and the administrator. The department shall adopt rules
 2579  establishing procedures for the submission of documents
 2580  necessary for such application. Before being approved for
 2581  participation in the system, the governing body of a
 2582  municipality, metropolitan planning organization, or special
 2583  district that has a local retirement system must submit to the
 2584  administrator a certified financial statement showing the
 2585  condition of the local retirement system within 3 months before
 2586  the proposed effective date of membership in the Florida
 2587  Retirement System. The statement must be certified by a
 2588  recognized accounting firm that is independent of the local
 2589  retirement system. All required documents necessary for
 2590  extending Florida Retirement System coverage must be received by
 2591  the department for consideration at least 15 days before the
 2592  proposed effective date of coverage. If the municipality,
 2593  metropolitan planning organization, or special district does not
 2594  comply with this requirement, the department may require that
 2595  the effective date of coverage be changed.
 2596         2. A municipality, metropolitan planning organization, or
 2597  special district that has an existing retirement system covering
 2598  the employees in the units that are to be brought under the
 2599  Florida Retirement System may participate only after holding a
 2600  referendum in which all employees in the affected units have the
 2601  right to participate. Only those employees electing coverage
 2602  under the Florida Retirement System by affirmative vote in the
 2603  referendum are eligible for coverage under this chapter, and
 2604  those not participating or electing not to be covered by the
 2605  Florida Retirement System shall remain in their present systems
 2606  and are not eligible for coverage under this chapter. After the
 2607  referendum is held, all future employees are compulsory members
 2608  of the Florida Retirement System.
 2609         3. At the time of joining the Florida Retirement System,
 2610  the governing body of a municipality, metropolitan planning
 2611  organization, or special district complying with subparagraph 1.
 2612  may elect to provide, or not provide, benefits based on past
 2613  service of officers and employees as described in s. 121.081(1).
 2614  However, if such employer elects to provide past service
 2615  benefits, such benefits must be provided for all officers and
 2616  employees of its covered group.
 2617         4. Once this election is made and approved it may not be
 2618  revoked, except pursuant to subparagraphs 5. and 6., and all
 2619  present officers and employees electing coverage and all future
 2620  officers and employees are compulsory members of the Florida
 2621  Retirement System.
 2622         5. Subject to subparagraph 6., the governing body of a
 2623  hospital licensed under chapter 395 which is governed by the
 2624  governing body board of a special district as defined in s.
 2625  189.012 189.403 or by the board of trustees of a public health
 2626  trust created under s. 154.07, hereinafter referred to as
 2627  “hospital district,” and which participates in the Florida
 2628  Retirement System, may elect to cease participation in the
 2629  system with regard to future employees in accordance with the
 2630  following:
 2631         a. No more than 30 days and at least 7 days before adopting
 2632  a resolution to partially withdraw from the system and establish
 2633  an alternative retirement plan for future employees, a public
 2634  hearing must be held on the proposed withdrawal and proposed
 2635  alternative plan.
 2636         b. From 7 to 15 days before such hearing, notice of intent
 2637  to withdraw, specifying the time and place of the hearing, must
 2638  be provided in writing to employees of the hospital district
 2639  proposing partial withdrawal and must be published in a
 2640  newspaper of general circulation in the area affected, as
 2641  provided by ss. 50.011-50.031. Proof of publication must be
 2642  submitted to the Department of Management Services.
 2643         c. The governing body of a hospital district seeking to
 2644  partially withdraw from the system must, before such hearing,
 2645  have an actuarial report prepared and certified by an enrolled
 2646  actuary, as defined in s. 112.625, illustrating the cost to the
 2647  hospital district of providing, through the retirement plan that
 2648  the hospital district is to adopt, benefits for new employees
 2649  comparable to those provided under the system.
 2650         d. Upon meeting all applicable requirements of this
 2651  subparagraph, and subject to subparagraph 6., partial withdrawal
 2652  from the system and adoption of the alternative retirement plan
 2653  may be accomplished by resolution duly adopted by the hospital
 2654  district board. The hospital district board must provide written
 2655  notice of such withdrawal to the division by mailing a copy of
 2656  the resolution to the division, postmarked by December 15, 1995.
 2657  The withdrawal shall take effect January 1, 1996.
 2658         6. Following the adoption of a resolution under sub
 2659  subparagraph 5.d., all employees of the withdrawing hospital
 2660  district who were members of the system before January 1, 1996,
 2661  shall remain as members of the system for as long as they are
 2662  employees of the hospital district, and all rights, duties, and
 2663  obligations between the hospital district, the system, and the
 2664  employees remain in full force and effect. Any employee who is
 2665  hired or appointed on or after January 1, 1996, may not
 2666  participate in the system, and the withdrawing hospital district
 2667  has no obligation to the system with respect to such employees.
 2668         Section 64. Subsections (1), (4), and (6) of section
 2669  125.901, Florida Statutes, are amended to read:
 2670         125.901 Children’s services; independent special district;
 2671  council; powers, duties, and functions; public records
 2672  exemption.—
 2673         (1) Each county may by ordinance create an independent
 2674  special district, as defined in ss. 189.012 189.403(3) and
 2675  200.001(8)(e), to provide funding for children’s services
 2676  throughout the county in accordance with this section. The
 2677  boundaries of such district shall be coterminous with the
 2678  boundaries of the county. The county governing body shall obtain
 2679  approval, by a majority vote of those electors voting on the
 2680  question, to annually levy ad valorem taxes which shall not
 2681  exceed the maximum millage rate authorized by this section. Any
 2682  district created pursuant to the provisions of this subsection
 2683  shall be required to levy and fix millage subject to the
 2684  provisions of s. 200.065. Once such millage is approved by the
 2685  electorate, the district shall not be required to seek approval
 2686  of the electorate in future years to levy the previously
 2687  approved millage.
 2688         (a) The governing body board of the district shall be a
 2689  council on children’s services, which may also be known as a
 2690  juvenile welfare board or similar name as established in the
 2691  ordinance by the county governing body. Such council shall
 2692  consist of 10 members, including: the superintendent of schools;
 2693  a local school board member; the district administrator from the
 2694  appropriate district of the Department of Children and Family
 2695  Services, or his or her designee who is a member of the Senior
 2696  Management Service or of the Selected Exempt Service; one member
 2697  of the county governing body; and the judge assigned to juvenile
 2698  cases who shall sit as a voting member of the board, except that
 2699  said judge shall not vote or participate in the setting of ad
 2700  valorem taxes under this section. If there is more than one
 2701  judge assigned to juvenile cases in a county, the chief judge
 2702  shall designate one of said juvenile judges to serve on the
 2703  board. The remaining five members shall be appointed by the
 2704  Governor, and shall, to the extent possible, represent the
 2705  demographic diversity of the population of the county. After
 2706  soliciting recommendations from the public, the county governing
 2707  body shall submit to the Governor the names of at least three
 2708  persons for each vacancy occurring among the five members
 2709  appointed by the Governor, and the Governor shall appoint
 2710  members to the council from the candidates nominated by the
 2711  county governing body. The Governor shall make a selection
 2712  within a 45-day period or request a new list of candidates. All
 2713  members appointed by the Governor shall have been residents of
 2714  the county for the previous 24-month period. Such members shall
 2715  be appointed for 4-year terms, except that the length of the
 2716  terms of the initial appointees shall be adjusted to stagger the
 2717  terms. The Governor may remove a member for cause or upon the
 2718  written petition of the county governing body. If any of the
 2719  members of the council required to be appointed by the Governor
 2720  under the provisions of this subsection shall resign, die, or be
 2721  removed from office, the vacancy thereby created shall, as soon
 2722  as practicable, be filled by appointment by the Governor, using
 2723  the same method as the original appointment, and such
 2724  appointment to fill a vacancy shall be for the unexpired term of
 2725  the person who resigns, dies, or is removed from office.
 2726         (b) However, any county as defined in s. 125.011(1) may
 2727  instead have a governing body board consisting of 33 members,
 2728  including: the superintendent of schools; two representatives of
 2729  public postsecondary education institutions located in the
 2730  county; the county manager or the equivalent county officer; the
 2731  district administrator from the appropriate district of the
 2732  Department of Children and Family Services, or the
 2733  administrator’s designee who is a member of the Senior
 2734  Management Service or the Selected Exempt Service; the director
 2735  of the county health department or the director’s designee; the
 2736  state attorney for the county or the state attorney’s designee;
 2737  the chief judge assigned to juvenile cases, or another juvenile
 2738  judge who is the chief judge’s designee and who shall sit as a
 2739  voting member of the board, except that the judge may not vote
 2740  or participate in setting ad valorem taxes under this section;
 2741  an individual who is selected by the board of the local United
 2742  Way or its equivalent; a member of a locally recognized faith
 2743  based coalition, selected by that coalition; a member of the
 2744  local chamber of commerce, selected by that chamber or, if more
 2745  than one chamber exists within the county, a person selected by
 2746  a coalition of the local chambers; a member of the early
 2747  learning coalition, selected by that coalition; a representative
 2748  of a labor organization or union active in the county; a member
 2749  of a local alliance or coalition engaged in cross-system
 2750  planning for health and social service delivery in the county,
 2751  selected by that alliance or coalition; a member of the local
 2752  Parent-Teachers Association/Parent-Teacher-Student Association,
 2753  selected by that association; a youth representative selected by
 2754  the local school system’s student government; a local school
 2755  board member appointed by the chair of the school board; the
 2756  mayor of the county or the mayor’s designee; one member of the
 2757  county governing body, appointed by the chair of that body; a
 2758  member of the state Legislature who represents residents of the
 2759  county, selected by the chair of the local legislative
 2760  delegation; an elected official representing the residents of a
 2761  municipality in the county, selected by the county municipal
 2762  league; and 4 members-at-large, appointed to the council by the
 2763  majority of sitting council members. The remaining 7 members
 2764  shall be appointed by the Governor in accordance with procedures
 2765  set forth in paragraph (a), except that the Governor may remove
 2766  a member for cause or upon the written petition of the council.
 2767  Appointments by the Governor must, to the extent reasonably
 2768  possible, represent the geographic and demographic diversity of
 2769  the population of the county. Members who are appointed to the
 2770  council by reason of their position are not subject to the
 2771  length of terms and limits on consecutive terms as provided in
 2772  this section. The remaining appointed members of the governing
 2773  board shall be appointed to serve 2-year terms, except that
 2774  those members appointed by the Governor shall be appointed to
 2775  serve 4-year terms, and the youth representative and the
 2776  legislative delegate shall be appointed to serve 1-year terms. A
 2777  member may be reappointed; however, a member may not serve for
 2778  more than three consecutive terms. A member is eligible to be
 2779  appointed again after a 2-year hiatus from the council.
 2780         (c) This subsection does not prohibit a county from
 2781  exercising such power as is provided by general or special law
 2782  to provide children’s services or to create a special district
 2783  to provide such services.
 2784         (4)(a) Any district created pursuant to this section may be
 2785  dissolved by a special act of the Legislature, or the county
 2786  governing body may by ordinance dissolve the district subject to
 2787  the approval of the electorate.
 2788         (b)1.a. Notwithstanding paragraph (a), the governing body
 2789  of the county shall submit the question of retention or
 2790  dissolution of a district with voter-approved taxing authority
 2791  to the electorate in the general election according to the
 2792  following schedule:
 2793  (I) For a district in existence on July 1, 2010, and serving a
 2794  county with a population of 400,000 or fewer persons as of that
 2795  date.......................................................2014.
 2796  (II) For a district in existence on July 1, 2010, and serving a
 2797  county with a population of more than 400,000 but fewer than 2
 2798  million persons as of
 2799  that date..................................................2016.
 2800  (III) For a district in existence on July 1, 2010, and serving a
 2801  county with a population of 2 million or more persons as of that
 2802  date.......................................................2020.
 2803         b. A referendum by the electorate on or after July 1, 2010,
 2804  creating a new district with taxing authority may specify that
 2805  the district is not subject to reauthorization or may specify
 2806  the number of years for which the initial authorization shall
 2807  remain effective. If the referendum does not prescribe terms of
 2808  reauthorization, the governing body of the county shall submit
 2809  the question of retention or dissolution of the district to the
 2810  electorate in the general election 12 years after the initial
 2811  authorization.
 2812         2. The governing body board of the district may specify,
 2813  and submit to the governing body of the county no later than 9
 2814  months before the scheduled election, that the district is not
 2815  subsequently subject to reauthorization or may specify the
 2816  number of years for which a reauthorization under this paragraph
 2817  shall remain effective. If the governing board of the district
 2818  makes such specification and submission, the governing body of
 2819  the county shall include that information in the question
 2820  submitted to the electorate. If the governing board of the
 2821  district does not specify and submit such information, the
 2822  governing body of the county shall resubmit the question of
 2823  reauthorization to the electorate every 12 years after the year
 2824  prescribed in subparagraph 1. The governing board of the
 2825  district may recommend to the governing body of the county
 2826  language for the question submitted to the electorate.
 2827         3. Nothing in this paragraph limits the authority to
 2828  dissolve a district as provided under paragraph (a).
 2829         4. Nothing in this paragraph precludes the governing board
 2830  of a district from requesting that the governing body of the
 2831  county submit the question of retention or dissolution of a
 2832  district with voter-approved taxing authority to the electorate
 2833  at a date earlier than the year prescribed in subparagraph 1. If
 2834  the governing body of the county accepts the request and submits
 2835  the question to the electorate, the governing body satisfies the
 2836  requirement of that subparagraph.
 2837  
 2838  If any district is dissolved pursuant to this subsection, each
 2839  county must first obligate itself to assume the debts,
 2840  liabilities, contracts, and outstanding obligations of the
 2841  district within the total millage available to the county
 2842  governing body for all county and municipal purposes as provided
 2843  for under s. 9, Art. VII of the State Constitution. Any district
 2844  may also be dissolved pursuant to s. part VII of chapter 189
 2845  189.4042.
 2846         (6) Any district created pursuant to the provisions of this
 2847  section shall comply with all other statutory requirements of
 2848  general application which relate to the filing of any financial
 2849  reports or compliance reports required under part III of chapter
 2850  218, or any other report or documentation required by law,
 2851  including the requirements of ss. 189.08, 189.015, and 189.016
 2852  189.415, 189.417, and 189.418.
 2853         Section 65. Subsection (1) of section 153.94, Florida
 2854  Statutes, is amended to read:
 2855         153.94 Applicability of other laws.—Except as expressly
 2856  provided in this act:
 2857         (1) With respect to any wastewater facility privatization
 2858  contract entered into under this act, a public entity is subject
 2859  to s. 125.3401, s. 180.301, s. 189.054 189.423, or s. 190.0125
 2860  but is not subject to the requirements of chapter 287.
 2861         Section 66. Paragraph (a) of subsection (2) of section
 2862  163.08, Florida Statutes, is amended to read:
 2863         163.08 Supplemental authority for improvements to real
 2864  property.—
 2865         (2) As used in this section, the term:
 2866         (a) “Local government” means a county, a municipality, a
 2867  dependent special district as defined in s. 189.012 189.403, or
 2868  a separate legal entity created pursuant to s. 163.01(7).
 2869         Section 67. Subsection (7) of section 165.031, Florida
 2870  Statutes, is amended to read:
 2871         165.031 Definitions.—The following terms and phrases, when
 2872  used in this chapter, shall have the meanings ascribed to them
 2873  in this section, except where the context clearly indicates a
 2874  different meaning:
 2875         (7) “Special district” means a local unit of special
 2876  government, as defined in s. 189.012 189.403(1). This term
 2877  includes dependent special districts, as defined in s. 189.012
 2878  189.403(2), and independent special districts, as defined in s.
 2879  189.012 189.403(3). All provisions of s. 200.001(8)(d) and (e)
 2880  shall be considered provisions of this chapter.
 2881         Section 68. Paragraph (b) of subsection (1) and subsections
 2882  (8) and (16) of section 165.0615, Florida Statutes, are amended
 2883  to read:
 2884         165.0615 Municipal conversion of independent special
 2885  districts upon elector-initiated and approved referendum.—
 2886         (1) The qualified electors of an independent special
 2887  district may commence a municipal conversion proceeding by
 2888  filing a petition with the governing body of the independent
 2889  special district proposed to be converted if the district meets
 2890  all of the following criteria:
 2891         (b) It is designated as an improvement district and created
 2892  pursuant to chapter 298 or is designated as a stewardship
 2893  district and created pursuant to s. 189.031 189.404.
 2894         (8) Notice of the final public hearing on the proposed
 2895  elector-initiated combined municipal incorporation plan must be
 2896  published pursuant to the notice requirements in s. 189.015
 2897  189.417 and must provide a descriptive summary of the elector
 2898  initiated municipal incorporation plan and a reference to the
 2899  public places within the independent special district where a
 2900  copy of the plan may be examined.
 2901         (16) If the incorporation plan is approved by a majority of
 2902  the votes cast in the independent special district, the district
 2903  shall notify the special district accountability information
 2904  program pursuant to s. 189.016(2) 189.418(2) and the local
 2905  general-purpose governments in which any part of the independent
 2906  special district is situated pursuant to s. 189.016(7)
 2907  189.418(7).
 2908         Section 69. Subsection (3) of section 171.202, Florida
 2909  Statutes, is amended to read:
 2910         171.202 Definitions.—As used in this part, the term:
 2911         (3) “Independent special district” means an independent
 2912  special district, as defined in s. 189.012 189.403, which
 2913  provides fire, emergency medical, water, wastewater, or
 2914  stormwater services.
 2915         Section 70. Subsection (16) of section 175.032, Florida
 2916  Statutes, is amended to read:
 2917         175.032 Definitions.—For any municipality, special fire
 2918  control district, chapter plan, local law municipality, local
 2919  law special fire control district, or local law plan under this
 2920  chapter, the following words and phrases have the following
 2921  meanings:
 2922         (16) “Special fire control district” means a special
 2923  district, as defined in s. 189.012 189.403(1), established for
 2924  the purposes of extinguishing fires, protecting life, and
 2925  protecting property within the incorporated or unincorporated
 2926  portions of any county or combination of counties, or within any
 2927  combination of incorporated and unincorporated portions of any
 2928  county or combination of counties. The term does not include any
 2929  dependent or independent special district, as defined in s.
 2930  189.012 189.403(2) and (3), respectively, the employees of which
 2931  are members of the Florida Retirement System pursuant to s.
 2932  121.051(1) or (2).
 2933         Section 71. Subsection (6) of section 190.011, Florida
 2934  Statutes, is amended to read:
 2935         190.011 General powers.—The district shall have, and the
 2936  board may exercise, the following powers:
 2937         (6) To maintain an office at such place or places as it may
 2938  designate within a county in which the district is located or
 2939  within the boundaries of a development of regional impact or a
 2940  Florida Quality Development, or a combination of a development
 2941  of regional impact and a Florida Quality Development, which
 2942  includes the district, which office must be reasonably
 2943  accessible to the landowners. Meetings pursuant to s. 189.015(3)
 2944  189.417(3) of a district within the boundaries of a development
 2945  of regional impact or Florida Quality Development, or a
 2946  combination of a development of regional impact and a Florida
 2947  Quality Development, may be held at such office.
 2948         Section 72. Subsection (8) of section 190.046, Florida
 2949  Statutes, is amended to read:
 2950         190.046 Termination, contraction, or expansion of
 2951  district.—
 2952         (8) In the event the district has become inactive pursuant
 2953  to s. 189.062 189.4044, the respective board of county
 2954  commissioners or city commission shall be informed and it shall
 2955  take appropriate action.
 2956         Section 73. Section 190.049, Florida Statutes, is amended
 2957  to read:
 2958         190.049 Special acts prohibited.—Pursuant to s. 11(a)(21),
 2959  Art. III of the State Constitution, there shall be no special
 2960  law or general law of local application creating an independent
 2961  special district which has the powers enumerated in two or more
 2962  of the paragraphs contained in s. 190.012, unless such district
 2963  is created pursuant to the provisions of s. 189.031 189.404.
 2964         Section 74. Subsection (5) of section 191.003, Florida
 2965  Statutes, is amended to read:
 2966         191.003 Definitions.—As used in this act:
 2967         (5) “Independent special fire control district” means an
 2968  independent special district as defined in s. 189.012 189.403,
 2969  created by special law or general law of local application,
 2970  providing fire suppression and related activities within the
 2971  jurisdictional boundaries of the district. The term does not
 2972  include a municipality, a county, a dependent special district
 2973  as defined in s. 189.012 189.403, a district providing primarily
 2974  emergency medical services, a community development district
 2975  established under chapter 190, or any other multiple-power
 2976  district performing fire suppression and related services in
 2977  addition to other services.
 2978         Section 75. Paragraph (a) of subsection (1) and subsection
 2979  (8) of section 191.005, Florida Statutes, are amended to read:
 2980         191.005 District boards of commissioners; membership,
 2981  officers, meetings.—
 2982         (1)(a) With the exception of districts whose governing
 2983  boards are appointed collectively by the Governor, the county
 2984  commission, and any cooperating city within the county, the
 2985  business affairs of each district shall be conducted and
 2986  administered by a five-member board. All three-member boards
 2987  existing on the effective date of this act shall be converted to
 2988  five-member boards, except those permitted to continue as a
 2989  three-member board by special act adopted in 1997 or thereafter.
 2990  The board shall be elected in nonpartisan elections by the
 2991  electors of the district. Except as provided in this act, such
 2992  elections shall be held at the time and in the manner prescribed
 2993  by law for holding general elections in accordance with s.
 2994  189.04(2)(a) 189.405(2)(a) and (3), and each member shall be
 2995  elected for a term of 4 years and serve until the member’s
 2996  successor assumes office. Candidates for the board of a district
 2997  shall qualify as directed by chapter 99.
 2998         (8) All meetings of the board shall be open to the public
 2999  consistent with chapter 286, s. 189.015 189.417, and other
 3000  applicable general laws.
 3001         Section 76. Subsection (2) of section 191.013, Florida
 3002  Statutes, is amended to read:
 3003         191.013 Intergovernmental coordination.—
 3004         (2) Each independent special fire control district shall
 3005  adopt a 5-year plan to identify the facilities, equipment,
 3006  personnel, and revenue needed by the district during that 5-year
 3007  period. The plan shall be updated in accordance with s. 189.08
 3008  189.415 and shall satisfy the requirement for a public
 3009  facilities report required by s. 189.08(2) 189.415(2).
 3010         Section 77. Subsection (1) of section 191.014, Florida
 3011  Statutes, is amended to read:
 3012         191.014 District creation and expansion.—
 3013         (1) New districts may be created only by the Legislature
 3014  under s. 189.031 189.404.
 3015         Section 78. Section 191.015, Florida Statutes, is amended
 3016  to read:
 3017         191.015 Codification.—Each fire control district existing
 3018  on the effective date of this section, by December 1, 2004,
 3019  shall submit to the Legislature a draft codified charter, at its
 3020  expense, so that its special acts may be codified into a single
 3021  act for reenactment by the Legislature, if there is more than
 3022  one special act for the district. The Legislature may adopt a
 3023  schedule for individual district codification. Any codified act
 3024  relating to a district, which act is submitted to the
 3025  Legislature for reenactment, shall provide for the repeal of all
 3026  prior special acts of the Legislature relating to the district.
 3027  The codified act shall be filed with the Department of Economic
 3028  Opportunity pursuant to s. 189.016(2) 189.418(2).
 3029         Section 79. Paragraphs (c), (d), and (e) of subsection (8)
 3030  of section 200.001, Florida Statutes, are amended to read:
 3031         200.001 Millages; definitions and general provisions.—
 3032         (8)
 3033         (c) “Special district” means a special district as defined
 3034  in s. 189.012 189.403(1).
 3035         (d) “Dependent special district” means a dependent special
 3036  district as defined in s. 189.012 189.403(2). Dependent special
 3037  district millage, when added to the millage of the governing
 3038  body to which it is dependent, shall not exceed the maximum
 3039  millage applicable to such governing body.
 3040         (e) “Independent special district” means an independent
 3041  special district as defined in s. 189.012 189.403(3), with the
 3042  exception of a downtown development authority established prior
 3043  to the effective date of the 1968 State Constitution as an
 3044  independent body, either appointed or elected, regardless of
 3045  whether or not the budget is approved by the local governing
 3046  body, if the district levies a millage authorized as of the
 3047  effective date of the 1968 State Constitution. Independent
 3048  special district millage shall not be levied in excess of a
 3049  millage amount authorized by general law and approved by vote of
 3050  the electors pursuant to s. 9(b), Art. VII of the State
 3051  Constitution, except for those independent special districts
 3052  levying millage for water management purposes as provided in
 3053  that section and municipal service taxing units as specified in
 3054  s. 125.01(1)(q) and (r). However, independent special district
 3055  millage authorized as of the date the 1968 State Constitution
 3056  became effective need not be so approved, pursuant to s. 2, Art.
 3057  XII of the State Constitution.
 3058         Section 80. Subsections (1), (5), (6), and (7) of section
 3059  218.31, Florida Statutes, are amended to read:
 3060         218.31 Definitions.—As used in this part, except where the
 3061  context clearly indicates a different meaning:
 3062         (1) “Local governmental entity” means a county agency, a
 3063  municipality, or a special district as defined in s. 189.012
 3064  189.403. For purposes of s. 218.32, the term also includes a
 3065  housing authority created under chapter 421.
 3066         (5) “Special district” means a special district as defined
 3067  in s. 189.012 189.403(1).
 3068         (6) “Dependent special district” means a dependent special
 3069  district as defined in s. 189.012 189.403(2).
 3070         (7) “Independent special district” means an independent
 3071  special district as defined in s. 189.012 189.403(3).
 3072         Section 81. Paragraph (a) and (f) of subsection (1) and
 3073  subsection (2) of section 218.32, Florida Statutes, are amended
 3074  to read:
 3075         218.32 Annual financial reports; local governmental
 3076  entities.—
 3077         (1)(a) Each local governmental entity that is determined to
 3078  be a reporting entity, as defined by generally accepted
 3079  accounting principles, and each independent special district as
 3080  defined in s. 189.012 189.403, shall submit to the department a
 3081  copy of its annual financial report for the previous fiscal year
 3082  in a format prescribed by the department. The annual financial
 3083  report must include a list of each local governmental entity
 3084  included in the report and each local governmental entity that
 3085  failed to provide financial information as required by paragraph
 3086  (b). The chair of the governing body and the chief financial
 3087  officer of each local governmental entity shall sign the annual
 3088  financial report submitted pursuant to this subsection attesting
 3089  to the accuracy of the information included in the report. The
 3090  county annual financial report must be a single document that
 3091  covers each county agency.
 3092         (f) If the department does not receive a completed annual
 3093  financial report from a local governmental entity within the
 3094  required period, it shall notify the Legislative Auditing
 3095  Committee and the Special District Accountability Information
 3096  Program of the Department of Economic Opportunity of the
 3097  entity’s failure to comply with the reporting requirements.
 3098         (2) The department shall annually by December 1 file a
 3099  verified report with the Governor, the Legislature, the Auditor
 3100  General, and the Special District Accountability Information
 3101  Program of the Department of Economic Opportunity showing the
 3102  revenues, both locally derived and derived from
 3103  intergovernmental transfers, and the expenditures of each local
 3104  governmental entity, regional planning council, local government
 3105  finance commission, and municipal power corporation that is
 3106  required to submit an annual financial report. The report must
 3107  include, but is not limited to:
 3108         (a) The total revenues and expenditures of each local
 3109  governmental entity that is a component unit included in the
 3110  annual financial report of the reporting entity.
 3111         (b) The amount of outstanding long-term debt by each local
 3112  governmental entity. For purposes of this paragraph, the term
 3113  “long-term debt” means any agreement or series of agreements to
 3114  pay money, which, at inception, contemplate terms of payment
 3115  exceeding 1 year in duration.
 3116         Section 82. Paragraph (g) of subsection (1) of section
 3117  218.37, Florida Statutes, is amended to read:
 3118         218.37 Powers and duties of Division of Bond Finance;
 3119  advisory council.—
 3120         (1) The Division of Bond Finance of the State Board of
 3121  Administration, with respect to both general obligation bonds
 3122  and revenue bonds, shall:
 3123         (g) By January 1 each year, provide the Special District
 3124  Accountability Information Program of the Department of Economic
 3125  Opportunity with a list of special districts that are not in
 3126  compliance with the requirements in s. 218.38.
 3127         Section 83. Paragraph (j) of subsection (1) of section
 3128  255.20, Florida Statutes, is amended to read:
 3129         255.20 Local bids and contracts for public construction
 3130  works; specification of state-produced lumber.—
 3131         (1) A county, municipality, special district as defined in
 3132  chapter 189, or other political subdivision of the state seeking
 3133  to construct or improve a public building, structure, or other
 3134  public construction works must competitively award to an
 3135  appropriately licensed contractor each project that is estimated
 3136  in accordance with generally accepted cost-accounting principles
 3137  to cost more than $300,000. For electrical work, the local
 3138  government must competitively award to an appropriately licensed
 3139  contractor each project that is estimated in accordance with
 3140  generally accepted cost-accounting principles to cost more than
 3141  $75,000. As used in this section, the term “competitively award”
 3142  means to award contracts based on the submission of sealed bids,
 3143  proposals submitted in response to a request for proposal,
 3144  proposals submitted in response to a request for qualifications,
 3145  or proposals submitted for competitive negotiation. This
 3146  subsection expressly allows contracts for construction
 3147  management services, design/build contracts, continuation
 3148  contracts based on unit prices, and any other contract
 3149  arrangement with a private sector contractor permitted by any
 3150  applicable municipal or county ordinance, by district
 3151  resolution, or by state law. For purposes of this section, cost
 3152  includes the cost of all labor, except inmate labor, and the
 3153  cost of equipment and materials to be used in the construction
 3154  of the project. Subject to the provisions of subsection (3), the
 3155  county, municipality, special district, or other political
 3156  subdivision may establish, by municipal or county ordinance or
 3157  special district resolution, procedures for conducting the
 3158  bidding process.
 3159         (j) A county, municipality, special district as defined in
 3160  s. 189.012 189.403, or any other political subdivision of the
 3161  state that owns or operates a public-use airport as defined in
 3162  s. 332.004 is exempt from this section when performing repairs
 3163  or maintenance on the airport’s buildings, structures, or public
 3164  construction works using the local government’s own services,
 3165  employees, and equipment.
 3166         Section 84. Subsection (4) of section 298.225, Florida
 3167  Statutes, is amended to read:
 3168         298.225 Water control plan; plan development and
 3169  amendment.—
 3170         (4) Information contained within a district’s facilities
 3171  plan prepared pursuant to s. 189.08 189.415 which satisfies any
 3172  of the provisions of subsection (3) may be used as part of the
 3173  district water control plan.
 3174         Section 85. Subsection (7) of section 343.922, Florida
 3175  Statutes, is amended to read:
 3176         343.922 Powers and duties.—
 3177         (7) The authority shall comply with all statutory
 3178  requirements of general application which relate to the filing
 3179  of any report or documentation required by law, including the
 3180  requirements of ss. 189.015, 189.016, 189.051, and 189.08
 3181  189.4085, 189.415, 189.417, and 189.418.
 3182         Section 86. Subsection (5) of section 348.0004, Florida
 3183  Statutes, is amended to read:
 3184         348.0004 Purposes and powers.—
 3185         (5) Any authority formed pursuant to this act shall comply
 3186  with all statutory requirements of general application which
 3187  relate to the filing of any report or documentation required by
 3188  law, including the requirements of ss. 189.015, 189.016,
 3189  189.051, and 189.08 189.4085, 189.415, 189.417, and 189.418.
 3190         Section 87. Section 373.711, Florida Statutes, is amended
 3191  to read:
 3192         373.711 Technical assistance to local governments.—The
 3193  water management districts shall assist local governments in the
 3194  development and future revision of local government
 3195  comprehensive plan elements or public facilities report as
 3196  required by s. 189.08 189.415, related to water resource issues.
 3197         Section 88. Paragraph (b) of subsection (3) of section
 3198  403.0891, Florida Statutes, is amended to read:
 3199         403.0891 State, regional, and local stormwater management
 3200  plans and programs.—The department, the water management
 3201  districts, and local governments shall have the responsibility
 3202  for the development of mutually compatible stormwater management
 3203  programs.
 3204         (3)
 3205         (b) Local governments are encouraged to consult with the
 3206  water management districts, the Department of Transportation,
 3207  and the department before adopting or updating their local
 3208  government comprehensive plan or public facilities report as
 3209  required by s. 189.08 189.415, whichever is applicable.
 3210         Section 89. Subsection (1) of section 582.32, Florida
 3211  Statutes, is amended to read:
 3212         582.32 Effect of dissolution.—
 3213         (1) Upon issuance of a certificate of dissolution, s.
 3214  189.076(2) 189.4045(2) applies and all land use regulations in
 3215  effect within such districts are void.
 3216         Section 90. Paragraph (a) of subsection (3) of section
 3217  1013.355, Florida Statutes, is amended to read:
 3218         1013.355 Educational facilities benefit districts.—
 3219         (3)(a) An educational facilities benefit district may be
 3220  created pursuant to this act and chapters 125, 163, 166, and
 3221  189. An educational facilities benefit district charter may be
 3222  created by a county or municipality by entering into an
 3223  interlocal agreement, as authorized by s. 163.01, with the
 3224  district school board and any local general purpose government
 3225  within whose jurisdiction a portion of the district is located
 3226  and adoption of an ordinance that includes all provisions
 3227  contained within s. 189.02 189.4041. The creating entity shall
 3228  be the local general purpose government within whose boundaries
 3229  a majority of the educational facilities benefit district’s
 3230  lands are located.
 3231         Section 91. This act shall take effect July 1, 2014.