Florida Senate - 2014               CS for CS for CS for SB 1632
       
       
        
       By the Committees on Appropriations; Community Affairs; and
       Ethics and Elections; and Senator Stargel
       
       
       
       
       576-04530-14                                          20141632c3
    1                        A bill to be entitled                      
    2         An act relating to special districts; designating
    3         parts I-VIII of chapter 189, F.S., relating to special
    4         districts; amending s. 11.40, F.S.; revising duties of
    5         the Legislative Auditing Committee; amending s.
    6         112.312, F.S.; redefining the term “agency” as it
    7         applies to the code of ethics for public officers and
    8         employees to include special districts; creating s.
    9         112.511, F.S.; specifying applicability of procedures
   10         regarding suspension and removal of a member of the
   11         governing body of a special district; amending s.
   12         125.901, F.S.; revising governing body membership for
   13         independent special districts created to provide
   14         funding for children’s services; conforming provisions
   15         to changes made by the act; transferring, renumbering,
   16         and amending s. 189.401, F.S.; revising a short title;
   17         transferring, renumbering, and amending s. 189.402,
   18         F.S.; revising a statement of legislative purpose and
   19         intent; making technical changes; conforming
   20         provisions to changes made by the act; transferring,
   21         renumbering, and amending s. 189.403, F.S.; redefining
   22         the term “special district”; transferring,
   23         renumbering, and amending ss. 189.4031, 189.4035,
   24         189.404, 189.40401, 189.4041, and 189.4042, F.S.;
   25         deleting provisions relating to the application of a
   26         special district to amend its charter; conforming
   27         provisions to changes made by the act; transferring,
   28         renumbering, and amending s. 189.4044, F.S.; revising
   29         the circumstances under which the Department of
   30         Economic Opportunity may declare a special district
   31         inactive; requiring the department to provide notice
   32         of a declaration of inactive status to certain persons
   33         and bodies; prohibiting special districts that are
   34         declared inactive from collecting taxes, fees, or
   35         assessments; providing exceptions; providing for
   36         enforcement of the prohibition; providing for costs of
   37         litigation and reasonable attorney fees in certain
   38         proceedings; transferring and renumbering ss. 189.4045
   39         and 189.4047, F.S.; transferring, renumbering, and
   40         amending s. 189.405, F.S.; revising requirements
   41         related to education programs for new members of
   42         special district governing bodies; amending s.
   43         189.4051, F.S.; revising definitions; conforming
   44         provisions to changes made by the act; transferring
   45         and renumbering ss. 189.4065, 189.408, and 189.4085,
   46         F.S.; transferring, renumbering, and amending ss.
   47         189.412 and 189.413, F.S.; renaming the Special
   48         District Information Program the Special District
   49         Accountability Program; revising duties of the Special
   50         District Accountability Program; transferring and
   51         renumbering ss. 189.415, 189.4155, and 189.4156, F.S.;
   52         transferring, renumbering, and amending ss. 189.416,
   53         189.417, and 189.418, F.S.; conforming provisions to
   54         changes made by the act; transferring, renumbering,
   55         and amending s. 189.419, F.S.; revising provisions
   56         related to the failure of a special district to file
   57         certain reports or information; conforming provisions
   58         to changes made by the act; transferring and
   59         renumbering s. 189.420, F.S.; transferring,
   60         renumbering, and amending s. 189.421, F.S.; revising
   61         notification requirements for special districts that
   62         fail to file certain reports; revising available
   63         remedies for the failure of a special district to
   64         disclose required financial reports; transferring and
   65         renumbering ss. 189.4221, 189.423, 189.425, and
   66         189.427, F.S.; transferring, renumbering, and amending
   67         s. 189.428, F.S.; revising the oversight review
   68         process for special districts; transferring,
   69         renumbering, and amending s. 189.429, F.S.; conforming
   70         a cross-reference; repealing ss. 189.430, 189.431,
   71         189.432, 189.433, 189.434, 189.435, 189.436, 189.437,
   72         189.438, 189.439, 189.440, 189.441, 189.442, 189.443,
   73         and 189.444, F.S., relating to the Community
   74         Improvement Authority Act; creating ss. 189.034 and
   75         189.035, F.S.; providing applicability; requiring the
   76         Legislative Auditing Committee to provide notice of
   77         the failure of special districts to file certain
   78         required reports and requested information to certain
   79         persons and bodies; authorizing the Legislative
   80         Auditing Committee and the chair or equivalent of a
   81         local general-purpose government to convene a public
   82         hearing on the issue of a special district’s
   83         noncompliance and general oversight of the special
   84         district; requiring a special district to provide
   85         certain information to the Legislative Auditing
   86         Committee before a public hearing upon request;
   87         authorizing a local general-purpose government to
   88         request certain information from a special district
   89         created by local ordinance before a public hearing;
   90         requiring a local general-purpose government to report
   91         the findings of a public hearing to the department and
   92         the Legislative Auditing Committee; creating s.
   93         189.055, F.S.; requiring special districts to be
   94         treated as municipalities for certain purposes;
   95         creating s. 189.069, F.S.; requiring special districts
   96         to establish and maintain an official website for
   97         certain information; requiring special districts to
   98         submit the web address of their respective websites to
   99         the department; requiring that the department’s online
  100         list of special districts include a link to the
  101         website of certain special districts; amending s.
  102         200.065, F.S.; providing that certain downtown
  103         development authorities are independent special taxing
  104         districts authorized to levy an additional ad valorem
  105         tax on real and personal property in the district;
  106         limiting the amount of the levy; amending ss. 11.45,
  107         100.011, 101.657, 112.061, 112.63, 112.665, 121.021,
  108         121.051, 153.94, 163.08, 165.031, 165.0615, 171.202,
  109         175.032, 190.011, 190.046, 190.049, 191.003, 191.005,
  110         191.013, 191.014, 191.015, 200.001, 218.31, 218.32,
  111         218.37, 255.20, 298.225, 343.922, 348.0004, 373.711,
  112         403.0891, 582.32, and 1013.355, F.S.; conforming
  113         provisions to changes made by the act; providing an
  114         effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Chapter 189, Florida Statutes, as amended by
  119  this act, is divided into the following parts:
  120         (1) Part I, consisting of sections 189.01, 189.011,
  121  189.012, 189.013, 189.014, 189.015, 189.016, 189.017, 189.018,
  122  and 189.019, Florida Statutes, as created by this act, and
  123  entitled “General Provisions.”
  124         (2) Part II, consisting of sections 189.02 and 189.021,
  125  Florida Statutes, as created by this act, and entitled
  126  “Dependent Special Districts.”
  127         (3) Part III, consisting of sections 189.03, 189.031,
  128  189.0311, 189.033, 189.034, and 189.035, Florida Statutes, as
  129  created by this act, and entitled “Independent Special
  130  Districts.”
  131         (4) Part IV, consisting of sections 189.04, 189.041, and
  132  189.042, Florida Statutes, as created by this act, and entitled
  133  “Elections.”
  134         (5) Part V, consisting of sections 189.05, 189.051,
  135  189.052, 189.053, 189.054, and 189.055, Florida Statutes, as
  136  created by this act, and entitled “Finance.”
  137         (6) Part VI, consisting of sections 189.06, 189.061,
  138  189.062, 189.063, 189.064, 189.065, 189.066, 189.067, 189.068,
  139  and 189.069, Florida Statutes, as created by this act, and
  140  entitled “Oversight and Accountability.”
  141         (7) Part VII, consisting of sections 189.07, 189.071,
  142  189.072, 189.073, 189.074, 189.075, 189.076, and 189.0761,
  143  Florida Statutes, as created by this act, and entitled “Merger
  144  and Dissolution.”
  145         (8) Part VIII, consisting of sections 189.08, 189.081, and
  146  189.082, Florida Statutes, as created by this act, and entitled
  147  “Comprehensive Planning.”
  148         Section 2. Paragraph (b) of subsection (2) of section
  149  11.40, Florida Statutes, is amended to read:
  150         11.40 Legislative Auditing Committee.—
  151         (2) Following notification by the Auditor General, the
  152  Department of Financial Services, or the Division of Bond
  153  Finance of the State Board of Administration of the failure of a
  154  local governmental entity, district school board, charter
  155  school, or charter technical career center to comply with the
  156  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
  157  s. 218.38, or s. 218.503(3), the Legislative Auditing Committee
  158  may schedule a hearing to determine if the entity should be
  159  subject to further state action. If the committee determines
  160  that the entity should be subject to further state action, the
  161  committee shall:
  162         (b) In the case of a special district created by:
  163         1. A special act, notify the President of the Senate, the
  164  Speaker of the House of Representatives, the standing committees
  165  of the Senate and the House of Representatives charged with
  166  special district oversight as determined by the presiding
  167  officers of each respective chamber, the legislators who
  168  represent a portion of the geographical jurisdiction of the
  169  special district, pursuant to s. 189.034(2) and the Department
  170  of Economic Opportunity that the special district has failed to
  171  comply with the law. Upon receipt of notification, the
  172  Department of Economic Opportunity shall proceed pursuant to s.
  173  189.062 or s. 189.067. If the special district remains in
  174  noncompliance after the process set forth in s. 189.034(3), the
  175  Legislative Auditing Committee may request the department to
  176  proceed pursuant to s. 189.067(3) 189.4044 or s. 189.421.
  177         2. A local ordinance, notify the chair or equivalent of the
  178  local general-purpose government pursuant to s. 189.035(1) and
  179  the Department of Economic Opportunity that the special district
  180  has failed to comply with the law. Upon receipt of notification,
  181  the department shall proceed pursuant to s. 189.062 or s.
  182  189.067. If the special district remains in noncompliance after
  183  the process set forth in s. 189.035(2), or if a public hearing
  184  has not been held within 6 months, the Legislative Auditing
  185  Committee may request the department to proceed pursuant to s.
  186  189.067(3).
  187         3. Any manner other than a special act or local ordinance,
  188  notify the Department of Economic Opportunity that the special
  189  district has failed to comply with the law. Upon receipt of
  190  notification, the department shall proceed pursuant to s.
  191  189.062 or s. 189.067(3).
  192         Section 3. Subsection (2) of section 112.312, Florida
  193  Statutes, is amended to read:
  194         112.312 Definitions.—As used in this part and for purposes
  195  of the provisions of s. 8, Art. II of the State Constitution,
  196  unless the context otherwise requires:
  197         (2) “Agency” means any state, regional, county, local, or
  198  municipal government entity of this state, whether executive,
  199  judicial, or legislative; any department, division, bureau,
  200  commission, authority, or political subdivision of this state
  201  therein; or any public school, community college, or state
  202  university; or any special district as defined in s. 189.012.
  203         Section 4. Section 112.511, Florida Statutes, is created to
  204  read:
  205         112.511 Members of special district governing bodies;
  206  suspension; removal from office.—
  207         (1) A member of the governing body of a special district,
  208  as defined in s. 189.012, who exercises the powers and duties of
  209  a state or a county officer, is subject to the Governor’s power
  210  under s. 7(a), Art. IV of the State Constitution to suspend such
  211  officers.
  212         (2) A member of the governing body of a special district,
  213  as defined in s. 189.012, who exercises powers and duties other
  214  than that of a state or county officer, is subject to the
  215  suspension and removal procedures under s. 112.51.
  216         Section 5. Subsections (1), (4), and (6) of section
  217  125.901, Florida Statutes, are amended to read:
  218         125.901 Children’s services; independent special district;
  219  council; powers, duties, and functions; public records
  220  exemption.—
  221         (1) Each county may by ordinance create an independent
  222  special district, as defined in ss. 189.012 189.403(3) and
  223  200.001(8)(e), to provide funding for children’s services
  224  throughout the county in accordance with this section. The
  225  boundaries of such district shall be coterminous with the
  226  boundaries of the county. The county governing body shall obtain
  227  approval, by a majority vote of those electors voting on the
  228  question, to annually levy ad valorem taxes which shall not
  229  exceed the maximum millage rate authorized by this section. Any
  230  district created pursuant to the provisions of this subsection
  231  shall be required to levy and fix millage subject to the
  232  provisions of s. 200.065. Once such millage is approved by the
  233  electorate, the district shall not be required to seek approval
  234  of the electorate in future years to levy the previously
  235  approved millage.
  236         (a) The governing body board of the district shall be a
  237  council on children’s services, which may also be known as a
  238  juvenile welfare board or similar name as established in the
  239  ordinance by the county governing body. Such council shall
  240  consist of 10 members, including: the superintendent of schools;
  241  a local school board member; the district administrator from the
  242  appropriate district of the Department of Children and Family
  243  Services, or his or her designee who is a member of the Senior
  244  Management Service or of the Selected Exempt Service; one member
  245  of the county governing body; and the judge assigned to juvenile
  246  cases who shall sit as a voting member of the board, except that
  247  said judge shall not vote or participate in the setting of ad
  248  valorem taxes under this section. If there is more than one
  249  judge assigned to juvenile cases in a county, the chief judge
  250  shall designate one of said juvenile judges to serve on the
  251  board. The remaining five members shall be appointed by the
  252  Governor, and shall, to the extent possible, represent the
  253  demographic diversity of the population of the county. After
  254  soliciting recommendations from the public, the county governing
  255  body shall submit to the Governor the names of at least three
  256  persons for each vacancy occurring among the five members
  257  appointed by the Governor, and the Governor shall appoint
  258  members to the council from the candidates nominated by the
  259  county governing body. The Governor shall make a selection
  260  within a 45-day period or request a new list of candidates. All
  261  members appointed by the Governor shall have been residents of
  262  the county for the previous 24-month period. Such members shall
  263  be appointed for 4-year terms, except that the length of the
  264  terms of the initial appointees shall be adjusted to stagger the
  265  terms. The Governor may remove a member for cause or upon the
  266  written petition of the county governing body. If any of the
  267  members of the council required to be appointed by the Governor
  268  under the provisions of this subsection shall resign, die, or be
  269  removed from office, the vacancy thereby created shall, as soon
  270  as practicable, be filled by appointment by the Governor, using
  271  the same method as the original appointment, and such
  272  appointment to fill a vacancy shall be for the unexpired term of
  273  the person who resigns, dies, or is removed from office.
  274         (b) However, any county as defined in s. 125.011(1) may
  275  instead have a governing body board consisting of 33 members,
  276  including: the superintendent of schools; two representatives of
  277  public postsecondary education institutions located in the
  278  county; the county manager or the equivalent county officer; the
  279  district administrator from the appropriate district of the
  280  Department of Children and Family Services, or the
  281  administrator’s designee who is a member of the Senior
  282  Management Service or the Selected Exempt Service; the director
  283  of the county health department or the director’s designee; the
  284  state attorney for the county or the state attorney’s designee;
  285  the chief judge assigned to juvenile cases, or another juvenile
  286  judge who is the chief judge’s designee and who shall sit as a
  287  voting member of the board, except that the judge may not vote
  288  or participate in setting ad valorem taxes under this section;
  289  an individual who is selected by the board of the local United
  290  Way or its equivalent; a member of a locally recognized faith
  291  based coalition, selected by that coalition; a member of the
  292  local chamber of commerce, selected by that chamber or, if more
  293  than one chamber exists within the county, a person selected by
  294  a coalition of the local chambers; a member of the early
  295  learning coalition, selected by that coalition; a representative
  296  of a labor organization or union active in the county; a member
  297  of a local alliance or coalition engaged in cross-system
  298  planning for health and social service delivery in the county,
  299  selected by that alliance or coalition; a member of the local
  300  Parent-Teachers Association/Parent-Teacher-Student Association,
  301  selected by that association; a youth representative selected by
  302  the local school system’s student government; a local school
  303  board member appointed by the chair of the school board; the
  304  mayor of the county or the mayor’s designee; one member of the
  305  county governing body, appointed by the chair of that body; a
  306  member of the state Legislature who represents residents of the
  307  county, selected by the chair of the local legislative
  308  delegation; an elected official representing the residents of a
  309  municipality in the county, selected by the county municipal
  310  league; and 4 members-at-large, appointed to the council by the
  311  majority of sitting council members. The remaining 7 members
  312  shall be appointed by the Governor in accordance with procedures
  313  set forth in paragraph (a), except that the Governor may remove
  314  a member for cause or upon the written petition of the council.
  315  Appointments by the Governor must, to the extent reasonably
  316  possible, represent the geographic and demographic diversity of
  317  the population of the county. Members who are appointed to the
  318  council by reason of their position are not subject to the
  319  length of terms and limits on consecutive terms as provided in
  320  this section. The remaining appointed members of the governing
  321  body board shall be appointed to serve 2-year terms, except that
  322  those members appointed by the Governor shall be appointed to
  323  serve 4-year terms, and the youth representative and the
  324  legislative delegate shall be appointed to serve 1-year terms. A
  325  member may be reappointed; however, a member may not serve for
  326  more than three consecutive terms. A member is eligible to be
  327  appointed again after a 2-year hiatus from the council.
  328         (c) This subsection does not prohibit a county from
  329  exercising such power as is provided by general or special law
  330  to provide children’s services or to create a special district
  331  to provide such services.
  332         (4)(a) Any district created pursuant to this section may be
  333  dissolved by a special act of the Legislature, or the county
  334  governing body may by ordinance dissolve the district subject to
  335  the approval of the electorate.
  336         (b)1.a. Notwithstanding paragraph (a), the governing body
  337  of the county shall submit the question of retention or
  338  dissolution of a district with voter-approved taxing authority
  339  to the electorate in the general election according to the
  340  following schedule:
  341         (I) For a district in existence on July 1, 2010, and
  342  serving a county with a population of 400,000 or fewer persons
  343  as of that date............................................2014.
  344         (II) For a district in existence on July 1, 2010, and
  345  serving a county with a population of more than 400,000 but
  346  fewer than 2 million persons as of
  347  that date..................................................2016.
  348         (III) For a district in existence on July 1, 2010, and
  349  serving a county with a population of 2 million or more persons
  350  as of that date............................................2020.
  351         b. A referendum by the electorate on or after July 1, 2010,
  352  creating a new district with taxing authority may specify that
  353  the district is not subject to reauthorization or may specify
  354  the number of years for which the initial authorization shall
  355  remain effective. If the referendum does not prescribe terms of
  356  reauthorization, the governing body of the county shall submit
  357  the question of retention or dissolution of the district to the
  358  electorate in the general election 12 years after the initial
  359  authorization.
  360         2. The governing body board of the district may specify,
  361  and submit to the governing body of the county no later than 9
  362  months before the scheduled election, that the district is not
  363  subsequently subject to reauthorization or may specify the
  364  number of years for which a reauthorization under this paragraph
  365  shall remain effective. If the governing body board of the
  366  district makes such specification and submission, the governing
  367  body of the county shall include that information in the
  368  question submitted to the electorate. If the governing body
  369  board of the district does not specify and submit such
  370  information, the governing body of the county shall resubmit the
  371  question of reauthorization to the electorate every 12 years
  372  after the year prescribed in subparagraph 1. The governing body
  373  board of the district may recommend to the governing body of the
  374  county language for the question submitted to the electorate.
  375         3. This paragraph does not limit Nothing in this paragraph
  376  limits the authority to dissolve a district as provided under
  377  paragraph (a).
  378         4. This paragraph does not preclude Nothing in this
  379  paragraph precludes the governing body board of a district from
  380  requesting that the governing body of the county submit the
  381  question of retention or dissolution of a district with voter
  382  approved taxing authority to the electorate at a date earlier
  383  than the year prescribed in subparagraph 1. If the governing
  384  body of the county accepts the request and submits the question
  385  to the electorate, the governing body satisfies the requirement
  386  of that subparagraph.
  387  
  388  If any district is dissolved pursuant to this subsection, each
  389  county must first obligate itself to assume the debts,
  390  liabilities, contracts, and outstanding obligations of the
  391  district within the total millage available to the county
  392  governing body for all county and municipal purposes as provided
  393  for under s. 9, Art. VII of the State Constitution. Any district
  394  may also be dissolved pursuant to part VII of chapter 189 s.
  395  189.4042.
  396         (6) Any district created pursuant to the provisions of this
  397  section shall comply with all other statutory requirements of
  398  general application which relate to the filing of any financial
  399  reports or compliance reports required under part III of chapter
  400  218, or any other report or documentation required by law,
  401  including the requirements of ss. 189.08, 189.015, and 189.016
  402  189.415, 189.417, and 189.418.
  403         Section 6. Section 189.401, Florida Statutes, is
  404  transferred, renumbered as section 189.01, Florida Statutes, and
  405  amended to read:
  406         189.01 189.401 Short title.—This chapter may be cited as
  407  the “Uniform Special District Accountability Act of 1989.”
  408         Section 7. Subsections (1), (6), and (7) of section
  409  189.402, Florida Statutes, are transferred and renumbered as
  410  subsections (1), (2), and (3), respectively, of section 189.011,
  411  Florida Statutes, and present subsection (6) of that section is
  412  amended, to read:
  413         189.011 189.402 Statement of legislative purpose and
  414  intent.—
  415         (2)(6) The Legislature finds that special districts serve a
  416  necessary and useful function by providing services to residents
  417  and property in the state. The Legislature finds further that
  418  special districts operate to serve a public purpose and that
  419  this is best secured by certain minimum standards of
  420  accountability designed to inform the public and appropriate
  421  general-purpose local governments of the status and activities
  422  of special districts. It is the intent of the Legislature that
  423  this public trust be secured by requiring each independent
  424  special district in the state to register and report its
  425  financial and other activities. The Legislature further finds
  426  that failure of an independent special district to comply with
  427  the minimum disclosure requirements set forth in this chapter
  428  may result in action against officers of such district body
  429  board.
  430         Section 8. Subsection (2) of section 189.402, Florida
  431  Statutes, is transferred, renumbered as section 189.06, Florida
  432  Statutes, and amended to read:
  433         189.06 189.402Legislative intent; centralized location
  434  Statement of legislative purpose and intent.—
  435         (2) It is the intent of the Legislature through the
  436  adoption of this chapter to have one centralized location for
  437  all legislation governing special districts and to:
  438         (1)(a) Improve the enforcement of statutes currently in
  439  place that help ensure the accountability of special districts
  440  to state and local governments.
  441         (2)(b) Improve communication and coordination between state
  442  agencies with respect to required special district reporting and
  443  state monitoring.
  444         (3)(c) Improve communication and coordination between
  445  special districts and other local entities with respect to ad
  446  valorem taxation, non-ad valorem assessment collection, special
  447  district elections, and local government comprehensive planning.
  448         (4)(d) Move toward greater uniformity in special district
  449  elections and non-ad valorem assessment collection procedures at
  450  the local level without hampering the efficiency and
  451  effectiveness of the current procedures.
  452         (5)(e) Clarify special district definitions and creation
  453  methods in order to ensure consistent application of those
  454  definitions and creation methods across all levels of
  455  government.
  456         (6)(f) Specify in general law the essential components of
  457  any new type of special district.
  458         (7)(g) Specify in general law the essential components of a
  459  charter for a new special district.
  460         (8)(h) Encourage the creation of municipal service taxing
  461  units and municipal service benefit units for providing
  462  municipal services in unincorporated areas of each county.
  463         Section 9. Subsections (3), (4), (5), and (8) of section
  464  189.402, Florida Statutes, are transferred, renumbered as
  465  subsections (1), (2), (3), and (4), respectively, of section
  466  189.03, Florida Statutes, and amended to read:
  467         189.03 189.402 Statement of legislative purpose and intent;
  468  independent special districts.—
  469         (1)(3) The Legislature finds that:
  470         (a) There is a need for uniform, focused, and fair
  471  procedures in state law to provide a reasonable alternative for
  472  the establishment, powers, operation, and duration of
  473  independent special districts to manage and finance basic
  474  capital infrastructure, facilities, and services; and that,
  475  based upon a proper and fair determination of applicable facts,
  476  an independent special district can constitute a timely,
  477  efficient, effective, responsive, and economic way to deliver
  478  these basic services, thereby providing a means of solving the
  479  state’s planning, management, and financing needs for delivery
  480  of capital infrastructure, facilities, and services in order to
  481  provide for projected growth without overburdening other
  482  governments and their taxpayers.
  483         (b) It is in the public interest that any independent
  484  special district created pursuant to state law not outlive its
  485  usefulness and that the operation of such a district and the
  486  exercise by the district of its powers be consistent with
  487  applicable due process, disclosure, accountability, ethics, and
  488  government-in-the-sunshine requirements which apply both to
  489  governmental entities and to their elected and appointed
  490  officials.
  491         (c) It is in the public interest that long-range planning,
  492  management, and financing and long-term maintenance, upkeep, and
  493  operation of basic services by independent special districts be
  494  uniform.
  495         (2)(4) It is the policy of this state:
  496         (a) That independent special districts may be used are a
  497  legitimate alternative method available for use by the private
  498  and public sectors, as authorized by state law, to manage, own,
  499  operate, construct, and finance basic capital infrastructure,
  500  facilities, and services.
  501         (b) That the exercise by any independent special district
  502  of its powers, as set forth by uniform general law comply with
  503  all applicable governmental comprehensive planning laws, rules,
  504  and regulations.
  505         (3)(5) It is the legislative intent and purpose, based
  506  upon, and consistent with, its findings of fact and declarations
  507  of policy, to authorize a uniform procedure by general law to
  508  create an independent special district, as an alternative method
  509  to manage and finance basic capital infrastructure, facilities,
  510  and services. It is further the legislative intent and purpose
  511  to provide by general law for the uniform operation, exercise of
  512  power, and procedure for termination of any such independent
  513  special district.
  514         (4)(8) The Legislature finds and declares that:
  515         (a) Growth and development issues transcend the boundaries
  516  and responsibilities of individual units of government, and
  517  often no single unit of government can plan or implement
  518  policies to deal with these issues without affecting other units
  519  of government.
  520         (b) The provision of capital infrastructure, facilities,
  521  and services for the preservation and enhancement of the quality
  522  of life of the people of this state may require the creation of
  523  multicounty and multijurisdictional districts.
  524         Section 10. Section 189.403, Florida Statutes, is
  525  transferred, renumbered as section 189.012, Florida Statutes,
  526  reordered, and amended, to read:
  527         189.012 189.403 Definitions.—As used in this chapter, the
  528  term:
  529         (6)(1) “Special district” means a local unit of local
  530  government created for a of special purpose, as opposed to a
  531  general purpose general-purpose, which has jurisdiction to
  532  operate government within a limited geographic boundary and is,
  533  created by general law, special act, local ordinance, or by rule
  534  of the Governor and Cabinet. The special purpose or purposes of
  535  special districts are implemented by specialized functions and
  536  related prescribed powers. For the purpose of s. 196.199(1),
  537  special districts shall be treated as municipalities. The term
  538  does not include a school district, a community college
  539  district, a special improvement district created pursuant to s.
  540  285.17, a municipal service taxing or benefit unit as specified
  541  in s. 125.01, or a board which provides electrical service and
  542  which is a political subdivision of a municipality or is part of
  543  a municipality.
  544         (2) “Dependent special district” means a special district
  545  that meets at least one of the following criteria:
  546         (a) The membership of its governing body is identical to
  547  that of the governing body of a single county or a single
  548  municipality.
  549         (b) All members of its governing body are appointed by the
  550  governing body of a single county or a single municipality.
  551         (c) During their unexpired terms, members of the special
  552  district’s governing body are subject to removal at will by the
  553  governing body of a single county or a single municipality.
  554         (d) The district has a budget that requires approval
  555  through an affirmative vote or can be vetoed by the governing
  556  body of a single county or a single municipality.
  557  
  558  This subsection is for purposes of definition only. Nothing in
  559  this subsection confers additional authority upon local
  560  governments not otherwise authorized by the provisions of the
  561  special acts or general acts of local application creating each
  562  special district, as amended.
  563         (3) “Independent special district” means a special district
  564  that is not a dependent special district as defined in
  565  subsection (2). A district that includes more than one county is
  566  an independent special district unless the district lies wholly
  567  within the boundaries of a single municipality.
  568         (1)(4) “Department” means the Department of Economic
  569  Opportunity.
  570         (4)(5) “Local governing authority” means the governing body
  571  of a unit of local general-purpose government. However, if the
  572  special district is a political subdivision of a municipality,
  573  “local governing authority” means the municipality.
  574         (7)(6) “Water management district” for purposes of this
  575  chapter means a special taxing district which is a regional
  576  water management district created and operated pursuant to
  577  chapter 373 or chapter 61-691, Laws of Florida, or a flood
  578  control district created and operated pursuant to chapter 25270,
  579  Laws of Florida, 1949, as modified by s. 373.149.
  580         (5)(7) “Public facilities” means major capital
  581  improvements, including, but not limited to, transportation
  582  facilities, sanitary sewer facilities, solid waste facilities,
  583  water management and control facilities, potable water
  584  facilities, alternative water systems, educational facilities,
  585  parks and recreational facilities, health systems and
  586  facilities, and, except for spoil disposal by those ports listed
  587  in s. 311.09(1), spoil disposal sites for maintenance dredging
  588  in waters of the state.
  589         Section 11. Subsection (1) of section 189.4031, Florida
  590  Statutes, is transferred and renumbered as section 189.013,
  591  Florida Statutes, and the catchline of that section shall read:
  592  “Special districts; creation, dissolution, and reporting
  593  requirements.”
  594         Section 12. Subsection (2) of section 189.4031, Florida
  595  Statutes, is transferred, renumbered as section 189.0311,
  596  Florida Statutes, and amended to read:
  597         189.0311 189.4031Independent special districts Special
  598  districts; creation, dissolution, and reporting requirements;
  599  charter requirements.—
  600         (2) Notwithstanding any general law, special act, or
  601  ordinance of a local government to the contrary, any independent
  602  special district charter enacted after September 30, 1989, the
  603  effective date of this section shall contain the information
  604  required by s. 189.031(3) 189.404(3). Recognizing that the
  605  exclusive charter for a community development district is the
  606  statutory charter contained in ss. 190.006-190.041, community
  607  development districts established after July 1, 1980, pursuant
  608  to the provisions of chapter 190 shall be deemed in compliance
  609  with this requirement.
  610         Section 13. Section 189.4035, Florida Statutes, is
  611  transferred and renumbered as section 189.061, Florida Statutes,
  612  and subsections (1), (5), and (6) of that section are amended,
  613  to read:
  614         189.061 189.4035Preparation of Official list of special
  615  districts.—
  616         (1) The department of Economic Opportunity shall maintain
  617  compile the official list of special districts. The official
  618  list of special districts shall include all special districts in
  619  this state and shall indicate the independent or dependent
  620  status of each district. All special districts on in the list
  621  shall be sorted by county. The definitions in s. 189.012 189.403
  622  shall be the criteria for determination of the independent or
  623  dependent status of each special district on the official list.
  624  The status of community development districts shall be
  625  independent on the official list of special districts.
  626         (5) The official list of special districts shall be
  627  available on the department’s website and must include a link to
  628  the website of each special district that provides web-based
  629  access to the public of the information and documentation
  630  required under s. 189.069.
  631         (6) Preparation of The official list of special districts
  632  or the determination of status does not constitute final agency
  633  action pursuant to chapter 120. If the status of a special
  634  district on the official list is inconsistent with the status
  635  submitted by the district, the district may request the
  636  department to issue a declaratory statement setting forth the
  637  requirements necessary to resolve the inconsistency. If
  638  necessary, upon issuance of a declaratory statement by the
  639  department which is not appealed pursuant to chapter 120, the
  640  governing body board of any special district receiving such a
  641  declaratory statement shall apply to the entity which originally
  642  established the district for an amendment to its charter
  643  correcting the specified defects in its original charter. This
  644  amendment shall be for the sole purpose of resolving
  645  inconsistencies between a district charter and the status of a
  646  district as it appears on the official list. Such application
  647  shall occur as follows:
  648         (a) In the event a special district was created by a local
  649  general-purpose government or state agency and applies for an
  650  amendment to its charter to confirm its independence, said
  651  application shall be granted as a matter of right. If
  652  application by an independent district is not made within 6
  653  months of rendition of a declaratory statement, the district
  654  shall be deemed dependent and become a political subdivision of
  655  the governing body which originally established it by operation
  656  of law.
  657         (b) If the Legislature created a special district, the
  658  district shall request, by resolution, an amendment to its
  659  charter by the Legislature. Failure to apply to the Legislature
  660  for an amendment to its charter during the next regular
  661  legislative session following rendition of a declaratory
  662  statement or failure of the Legislature to pass a special act
  663  shall render the district dependent.
  664         Section 14. Section 189.404, Florida Statutes, is
  665  transferred and renumbered as section 189.031, Florida Statutes,
  666  and subsection (2) and paragraphs (e), (f), and (g) of
  667  subsection (3) of that section are amended, to read:
  668         189.031 189.404 Legislative intent for the creation of
  669  independent special districts; special act prohibitions; model
  670  elements and other requirements; general-purpose local
  671  government/Governor and Cabinet creation authorizations.—
  672         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  673  III of the State Constitution, the Legislature hereby prohibits
  674  special laws or general laws of local application which:
  675         (a) Create independent special districts that do not, at a
  676  minimum, conform to the minimum requirements in subsection (3);
  677         (b) Exempt independent special district elections from the
  678  appropriate requirements in s. 189.04 189.405;
  679         (c) Exempt an independent special district from the
  680  requirements for bond referenda in s. 189.042 189.408;
  681         (d) Exempt an independent special district from the
  682  reporting, notice, or public meetings requirements of s.
  683  189.051, s. 189.08, s. 189.015, or s. 189.016 189.4085, s.
  684  189.415, s. 189.417, or s. 189.418;
  685         (e) Create an independent special district for which a
  686  statement has not been submitted to the Legislature that
  687  documents the following:
  688         1. The purpose of the proposed district;
  689         2. The authority of the proposed district;
  690         3. An explanation of why the district is the best
  691  alternative; and
  692         4. A resolution or official statement of the governing body
  693  or an appropriate administrator of the local jurisdiction within
  694  which the proposed district is located stating that the creation
  695  of the proposed district is consistent with the approved local
  696  government plans of the local governing body and that the local
  697  government has no objection to the creation of the proposed
  698  district.
  699         (3) MINIMUM REQUIREMENTS.—General laws or special acts that
  700  create or authorize the creation of independent special
  701  districts and are enacted after September 30, 1989, must address
  702  and require the following in their charters:
  703         (e) The membership and organization of the governing body
  704  board of the district. If a district created after September 30,
  705  1989, uses a one-acre/one-vote election principle, it shall
  706  provide for a governing body board consisting of five members.
  707  Three members shall constitute a quorum.
  708         (f) The maximum compensation of a governing body board
  709  member.
  710         (g) The administrative duties of the governing body board
  711  of the district.
  712         Section 15. Section 189.40401, Florida Statutes, is
  713  transferred and renumbered as section 189.033, Florida Statutes.
  714         Section 16. Section 189.4041, Florida Statutes, is
  715  transferred and renumbered as section 189.02, Florida Statutes,
  716  and paragraph (e) of subsection (4) of that section is amended,
  717  to read:
  718         189.02 189.4041 Dependent special districts.—
  719         (4) Dependent special districts created by a county or
  720  municipality shall be created by adoption of an ordinance that
  721  includes:
  722         (e) The membership, organization, compensation, and
  723  administrative duties of the governing body board.
  724         Section 17. Subsection (1) of section 189.4042, Florida
  725  Statutes, is transferred, renumbered as section 189.07, Florida
  726  Statutes, and amended to read:
  727         189.07 189.4042Definitions Merger and dissolution
  728  procedures.—
  729         (1) DEFINITIONS.—As used in this part section, the term:
  730         (1)(a) “Component independent special district” means an
  731  independent special district that proposes to be merged into a
  732  merged independent district, or an independent special district
  733  as it existed before its merger into the merged independent
  734  district of which it is now a part.
  735         (2)(b) “Elector-initiated merger plan” means the merger
  736  plan of two or more independent special districts, a majority of
  737  whose qualified electors have elected to merge, which outlines
  738  the terms and agreements for the official merger of the
  739  districts and is finalized and approved by the governing bodies
  740  of the districts pursuant to this part section.
  741         (3)(c) “Governing body” means the governing body of the
  742  independent special district in which the general legislative,
  743  governmental, or public powers of the district are vested and by
  744  authority of which the official business of the district is
  745  conducted.
  746         (4)(d) “Initiative” means the filing of a petition
  747  containing a proposal for a referendum to be placed on the
  748  ballot for election.
  749         (5)(e) “Joint merger plan” means the merger plan that is
  750  adopted by resolution of the governing bodies of two or more
  751  independent special districts that outlines the terms and
  752  agreements for the official merger of the districts and that is
  753  finalized and approved by the governing bodies pursuant to this
  754  part section.
  755         (6)(f) “Merged independent district” means a single
  756  independent special district that results from a successful
  757  merger of two or more independent special districts pursuant to
  758  this part section.
  759         (7)(g) “Merger” means the combination of two or more
  760  contiguous independent special districts resulting in a newly
  761  created merged independent district that assumes jurisdiction
  762  over all of the component independent special districts.
  763         (8)(h) “Merger plan” means a written document that contains
  764  the terms, agreements, and information regarding the merger of
  765  two or more independent special districts.
  766         (9)(i) “Proposed elector-initiated merger plan” means a
  767  written document that contains the terms and information
  768  regarding the merger of two or more independent special
  769  districts and that accompanies the petition initiated by the
  770  qualified electors of the districts but that is not yet
  771  finalized and approved by the governing bodies of each component
  772  independent special district pursuant to this part section.
  773         (10)(j) “Proposed joint merger plan” means a written
  774  document that contains the terms and information regarding the
  775  merger of two or more independent special districts and that has
  776  been prepared pursuant to a resolution of the governing bodies
  777  of the districts but that is not yet finalized and approved by
  778  the governing bodies of each component independent special
  779  district pursuant to this part section.
  780         (11)(k) “Qualified elector” means an individual at least 18
  781  years of age who is a citizen of the United States, a permanent
  782  resident of this state, and a resident of the district who
  783  registers with the supervisor of elections of a county within
  784  which the district lands are located when the registration books
  785  are open.
  786         Section 18. Subsection (2) of section 189.4042, Florida
  787  Statutes, is transferred, renumbered as section 189.071, Florida
  788  Statutes, and amended to read:
  789         189.071 189.4042 Merger or and dissolution of a dependent
  790  special district procedures.—
  791         (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
  792         (1)(a) The merger or dissolution of a dependent special
  793  district may be effectuated by an ordinance of the general
  794  purpose local governmental entity wherein the geographical area
  795  of the district or districts is located. However, a county may
  796  not dissolve a special district that is dependent to a
  797  municipality or vice versa, or a dependent district created by
  798  special act.
  799         (2)(b) The merger or dissolution of a dependent special
  800  district created and operating pursuant to a special act may be
  801  effectuated only by further act of the Legislature unless
  802  otherwise provided by general law.
  803         (3)(c) A dependent special district that meets any criteria
  804  for being declared inactive, or that has already been declared
  805  inactive, pursuant to s. 189.062 189.4044 may be dissolved or
  806  merged by special act without a referendum.
  807         (4)(d) A copy of any ordinance and of any changes to a
  808  charter affecting the status or boundaries of one or more
  809  special districts shall be filed with the Special District
  810  Accountability Information Program within 30 days after such
  811  activity.
  812         Section 19. Subsection (3) of section 189.4042, Florida
  813  Statutes, is transferred, renumbered as section 189.072, Florida
  814  Statutes, and amended to read:
  815         189.072 189.4042Dissolution of an independent special
  816  district Merger and dissolution procedures.—
  817         (3) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.
  818         (1)(a) VOLUNTARY DISSOLUTION.—If the governing body board
  819  of an independent special district created and operating
  820  pursuant to a special act elects, by a majority vote plus one,
  821  to dissolve the district, the voluntary dissolution of an
  822  independent special district created and operating pursuant to a
  823  special act may be effectuated only by the Legislature unless
  824  otherwise provided by general law.
  825         (2)(b) OTHER DISSOLUTIONS.—
  826         (a)1. In order for the Legislature to dissolve an active
  827  independent special district created and operating pursuant to a
  828  special act, the special act dissolving the active independent
  829  special district must be approved by a majority of the resident
  830  electors of the district or, for districts in which a majority
  831  of governing body board members are elected by landowners, a
  832  majority of the landowners voting in the same manner by which
  833  the independent special district’s governing body is elected. If
  834  a local general-purpose government passes an ordinance or
  835  resolution in support of the dissolution, the local general
  836  purpose government must pay any expenses associated with the
  837  referendum required under this paragraph subparagraph.
  838         (b)2. If an independent special district was created by a
  839  county or municipality by referendum or any other procedure, the
  840  county or municipality that created the district may dissolve
  841  the district pursuant to a referendum or any other procedure by
  842  which the independent special district was created. However, if
  843  the independent special district has ad valorem taxation powers,
  844  the same procedure required to grant the independent special
  845  district ad valorem taxation powers is required to dissolve the
  846  district.
  847         (3)(c) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
  848  independent special district that meets any criteria for being
  849  declared inactive, or that has already been declared inactive,
  850  pursuant to s. 189.062 189.4044 may be dissolved by special act
  851  without a referendum. If an inactive independent special
  852  district was created by a county or municipality through a
  853  referendum, the county or municipality that created the district
  854  may dissolve the district after publishing notice as described
  855  in s. 189.062 189.4044.
  856         (4)(d) DEBTS AND ASSETS.—Financial allocations of the
  857  assets and indebtedness of a dissolved independent special
  858  district shall be pursuant to s. 189.076 189.4045.
  859         Section 20. Subsection (4) of section 189.4042, Florida
  860  Statutes, is transferred, renumbered as section 189.073, Florida
  861  Statutes, and amended to read:
  862         189.073 189.4042Legislative merger of independent special
  863  districts Merger and dissolution procedures.—
  864         (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
  865  The Legislature, by special act, may merge independent special
  866  districts created and operating pursuant to special act.
  867         Section 21. Subsection (5) of section 189.4042, Florida
  868  Statutes, is transferred, renumbered as section 189.074, Florida
  869  Statutes, and amended to read:
  870         189.074 189.4042Voluntary merger of independent special
  871  districts Merger and dissolution procedures.—
  872         (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
  873  or more contiguous independent special districts created by
  874  special act which have similar functions and elected governing
  875  bodies may elect to merge into a single independent district
  876  through the act of merging the component independent special
  877  districts.
  878         (1)(a) INITIATION.—Merger proceedings may commence by:
  879         (a)1. A joint resolution of the governing bodies of each
  880  independent special district which endorses a proposed joint
  881  merger plan; or
  882         (b)2. A qualified elector initiative.
  883         (2)(b) JOINT MERGER PLAN BY RESOLUTION.—The governing
  884  bodies of two or more contiguous independent special districts
  885  may, by joint resolution, endorse a proposed joint merger plan
  886  to commence proceedings to merge the districts pursuant to this
  887  section subsection.
  888         (a)1. The proposed joint merger plan must specify:
  889         1.a. The name of each component independent special
  890  district to be merged;
  891         2.b. The name of the proposed merged independent district;
  892         3.c. The rights, duties, and obligations of the proposed
  893  merged independent district;
  894         4.d. The territorial boundaries of the proposed merged
  895  independent district;
  896         5.e. The governmental organization of the proposed merged
  897  independent district insofar as it concerns elected and
  898  appointed officials and public employees, along with a
  899  transitional plan and schedule for elections and appointments of
  900  officials;
  901         6.f. A fiscal estimate of the potential cost or savings as
  902  a result of the merger;
  903         7.g. Each component independent special district’s assets,
  904  including, but not limited to, real and personal property, and
  905  the current value thereof;
  906         8.h. Each component independent special district’s
  907  liabilities and indebtedness, bonded and otherwise, and the
  908  current value thereof;
  909         9.i. Terms for the assumption and disposition of existing
  910  assets, liabilities, and indebtedness of each component
  911  independent special district jointly, separately, or in defined
  912  proportions;
  913         10.j. Terms for the common administration and uniform
  914  enforcement of existing laws within the proposed merged
  915  independent district;
  916         11.k. The times and places for public hearings on the
  917  proposed joint merger plan;
  918         12.l. The times and places for a referendum in each
  919  component independent special district on the proposed joint
  920  merger plan, along with the referendum language to be presented
  921  for approval; and
  922         13.m. The effective date of the proposed merger.
  923         (b)2. The resolution endorsing the proposed joint merger
  924  plan must be approved by a majority vote of the governing bodies
  925  of each component independent special district and adopted at
  926  least 60 business days before any general or special election on
  927  the proposed joint merger plan.
  928         (c)3. Within 5 business days after the governing bodies
  929  approve the resolution endorsing the proposed joint merger plan,
  930  the governing bodies must:
  931         1.a. Cause a copy of the proposed joint merger plan, along
  932  with a descriptive summary of the plan, to be displayed and be
  933  readily accessible to the public for inspection in at least
  934  three public places within the territorial limits of each
  935  component independent special district, unless a component
  936  independent special district has fewer than three public places,
  937  in which case the plan must be accessible for inspection in all
  938  public places within the component independent special district;
  939         2.b. If applicable, cause the proposed joint merger plan,
  940  along with a descriptive summary of the plan and a reference to
  941  the public places within each component independent special
  942  district where a copy of the merger plan may be examined, to be
  943  displayed on a website maintained by each district or on a
  944  website maintained by the county or municipality in which the
  945  districts are located; and
  946         3.c. Arrange for a descriptive summary of the proposed
  947  joint merger plan, and a reference to the public places within
  948  the district where a copy may be examined, to be published in a
  949  newspaper of general circulation within the component
  950  independent special districts at least once each week for 4
  951  successive weeks.
  952         (d)4. The governing body of each component independent
  953  special district shall set a time and place for one or more
  954  public hearings on the proposed joint merger plan. Each public
  955  hearing shall be held on a weekday at least 7 business days
  956  after the day the first advertisement is published on the
  957  proposed joint merger plan. The hearing or hearings may be held
  958  jointly or separately by the governing bodies of the component
  959  independent special districts. Any interested person residing in
  960  the respective district shall be given a reasonable opportunity
  961  to be heard on any aspect of the proposed merger at the public
  962  hearing.
  963         1.a. Notice of the public hearing addressing the resolution
  964  for the proposed joint merger plan must be published pursuant to
  965  the notice requirements in s. 189.015 189.417 and must provide a
  966  descriptive summary of the proposed joint merger plan and a
  967  reference to the public places within the component independent
  968  special districts where a copy of the plan may be examined.
  969         2.b. After the final public hearing, the governing bodies
  970  of each component independent special district may amend the
  971  proposed joint merger plan if the amended version complies with
  972  the notice and public hearing requirements provided in this
  973  section subsection. Thereafter, the governing bodies may approve
  974  a final version of the joint merger plan or decline to proceed
  975  further with the merger. Approval by the governing bodies of the
  976  final version of the joint merger plan must occur within 60
  977  business days after the final hearing.
  978         (e)5. After the final public hearing, the governing bodies
  979  shall notify the supervisors of elections of the applicable
  980  counties in which district lands are located of the adoption of
  981  the resolution by each governing body. The supervisors of
  982  elections shall schedule a separate referendum for each
  983  component independent special district. The referenda may be
  984  held in each district on the same day, or on different days, but
  985  no more than 20 days apart.
  986         1.a. Notice of a referendum on the merger of independent
  987  special districts must be provided pursuant to the notice
  988  requirements in s. 100.342. At a minimum, the notice must
  989  include:
  990         a.(I) A brief summary of the resolution and joint merger
  991  plan;
  992         b.(II) A statement as to where a copy of the resolution and
  993  joint merger plan may be examined;
  994         c.(III) The names of the component independent special
  995  districts to be merged and a description of their territory;
  996         d.(IV) The times and places at which the referendum will be
  997  held; and
  998         e.(V) Such other matters as may be necessary to call,
  999  provide for, and give notice of the referendum and to provide
 1000  for the conduct thereof and the canvass of the returns.
 1001         2.b. The referenda must be held in accordance with the
 1002  Florida Election Code and may be held pursuant to ss. 101.6101
 1003  101.6107. All costs associated with the referenda shall be borne
 1004  by the respective component independent special district.
 1005         3.c. The ballot question in such referendum placed before
 1006  the qualified electors of each component independent special
 1007  district to be merged must be in substantially the following
 1008  form:
 1009         “Shall ...(name of component independent special
 1010  district)... and ...(name of component independent special
 1011  district or districts)... be merged into ...(name of newly
 1012  merged independent district)...?
 1013  
 1014         ....YES
 1015         ....NO”
 1016  
 1017         4.d. If the component independent special districts
 1018  proposing to merge have disparate millage rates, the ballot
 1019  question in the referendum placed before the qualified electors
 1020  of each component independent special district must be in
 1021  substantially the following form:
 1022  
 1023         “Shall ...(name of component independent special
 1024  district)... and ...(name of component independent special
 1025  district or districts)... be merged into ...(name of newly
 1026  merged independent district)... if the voter-approved maximum
 1027  millage rate within each independent special district will not
 1028  increase absent a subsequent referendum?
 1029  
 1030         ....YES
 1031         ....NO”
 1032  
 1033         5.e. In any referendum held pursuant to this section
 1034  subsection, the ballots shall be counted, returns made and
 1035  canvassed, and results certified in the same manner as other
 1036  elections or referenda for the component independent special
 1037  districts.
 1038         6.f. The merger may not take effect unless a majority of
 1039  the votes cast in each component independent special district
 1040  are in favor of the merger. If one of the component districts
 1041  does not obtain a majority vote, the referendum fails, and
 1042  merger does not take effect.
 1043         7.g. If the merger is approved by a majority of the votes
 1044  cast in each component independent special district, the merged
 1045  independent district is created. Upon approval, the merged
 1046  independent district shall notify the Special District
 1047  Accountability Information Program pursuant to s. 189.016(2)
 1048  189.418(2) and the local general-purpose governments in which
 1049  any part of the component independent special districts is
 1050  situated pursuant to s. 189.016(7) 189.418(7).
 1051         8.h. If the referendum fails, the merger process under this
 1052  subsection paragraph may not be initiated for the same purpose
 1053  within 2 years after the date of the referendum.
 1054         (f)6. Component independent special districts merged
 1055  pursuant to a joint merger plan by resolution shall continue to
 1056  be governed as before the merger until the effective date
 1057  specified in the adopted joint merger plan.
 1058         (3)(c) QUALIFIED ELECTOR-INITIATED MERGER PLAN.—The
 1059  qualified electors of two or more contiguous independent special
 1060  districts may commence a merger proceeding by each filing a
 1061  petition with the governing body of their respective independent
 1062  special district proposing to be merged. The petition must
 1063  contain the signatures of at least 40 percent of the qualified
 1064  electors of each component independent special district and must
 1065  be submitted to the appropriate component independent special
 1066  district governing body no later than 1 year after the start of
 1067  the qualified elector-initiated merger process.
 1068         (a)1. The petition must comply with, and be circulated in,
 1069  the following form:
 1070  
 1071                            PETITION FOR                           
 1072                 INDEPENDENT SPECIAL DISTRICT MERGER               
 1073  
 1074         We, the undersigned electors and legal voters of ...(name
 1075  of independent special district)..., qualified to vote at the
 1076  next general or special election, respectfully petition that
 1077  there be submitted to the electors and legal voters of ...(name
 1078  of independent special district or districts proposed to be
 1079  merged)..., for their approval or rejection at a referendum held
 1080  for that purpose, a proposal to merge ...(name of component
 1081  independent special district)... and ...(name of component
 1082  independent special district or districts)....
 1083  
 1084         In witness thereof, we have signed our names on the date
 1085  indicated next to our signatures.
 1086  
 1087                    Date      Name   Home Address                  
 1088                       (print under signature)                     
 1089  
 1090         .........................................................
 1091  
 1092         .........................................................
 1093  
 1094         (b)2. The petition must be validated by a signed statement
 1095  by a witness who is a duly qualified elector of one of the
 1096  component independent special districts, a notary public, or
 1097  another person authorized to take acknowledgments.
 1098         1.a. A statement that is signed by a witness who is a duly
 1099  qualified elector of the respective district shall be accepted
 1100  for all purposes as the equivalent of an affidavit. Such
 1101  statement must be in substantially the following form:
 1102         “I, ...(name of witness)..., state that I am a duly
 1103  qualified voter of ...(name of independent special district)....
 1104  Each of the ...(insert number)... persons who have signed this
 1105  petition sheet has signed his or her name in my presence on the
 1106  dates indicated above and identified himself or herself to be
 1107  the same person who signed the sheet. I understand that this
 1108  statement will be accepted for all purposes as the equivalent of
 1109  an affidavit and, if it contains a materially false statement,
 1110  shall subject me to the penalties of perjury.”
 1111         Date                                 Signature of Witness
 1112         2.b. A statement that is signed by a notary public or
 1113  another person authorized to take acknowledgments must be in
 1114  substantially the following form:
 1115         “On the date indicated above before me personally came each
 1116  of the ...(insert number)... electors and legal voters whose
 1117  signatures appear on this petition sheet, who signed the
 1118  petition in my presence and who, being by me duly sworn, each
 1119  for himself or herself, identified himself or herself as the
 1120  same person who signed the petition, and I declare that the
 1121  foregoing information they provided was true.”
 1122         Date                                 Signature of Witness
 1123         3.c. An alteration or correction of information appearing
 1124  on a petition’s signature line, other than an uninitialed
 1125  signature and date, does not invalidate such signature. In
 1126  matters of form, this subsection paragraph shall be liberally
 1127  construed, not inconsistent with substantial compliance thereto
 1128  and the prevention of fraud.
 1129         4.d. The appropriately signed petition must be filed with
 1130  the governing body of each component independent special
 1131  district. The petition must be submitted to the supervisors of
 1132  elections of the counties in which the district lands are
 1133  located. The supervisors shall, within 30 business days after
 1134  receipt of the petitions, certify to the governing bodies the
 1135  number of signatures of qualified electors contained on the
 1136  petitions.
 1137         (c)3. Upon verification by the supervisors of elections of
 1138  the counties within which component independent special district
 1139  lands are located that 40 percent of the qualified electors have
 1140  petitioned for merger and that all such petitions have been
 1141  executed within 1 year after the date of the initiation of the
 1142  qualified-elector merger process, the governing bodies of each
 1143  component independent special district shall meet within 30
 1144  business days to prepare and approve by resolution a proposed
 1145  elector-initiated merger plan. The proposed plan must include:
 1146         1.a. The name of each component independent special
 1147  district to be merged;
 1148         2.b. The name of the proposed merged independent district;
 1149         3.c. The rights, duties, and obligations of the merged
 1150  independent district;
 1151         4.d. The territorial boundaries of the proposed merged
 1152  independent district;
 1153         5.e. The governmental organization of the proposed merged
 1154  independent district insofar as it concerns elected and
 1155  appointed officials and public employees, along with a
 1156  transitional plan and schedule for elections and appointments of
 1157  officials;
 1158         6.f. A fiscal estimate of the potential cost or savings as
 1159  a result of the merger;
 1160         7.g. Each component independent special district’s assets,
 1161  including, but not limited to, real and personal property, and
 1162  the current value thereof;
 1163         8.h. Each component independent special district’s
 1164  liabilities and indebtedness, bonded and otherwise, and the
 1165  current value thereof;
 1166         9.i. Terms for the assumption and disposition of existing
 1167  assets, liabilities, and indebtedness of each component
 1168  independent special district, jointly, separately, or in defined
 1169  proportions;
 1170         10.j. Terms for the common administration and uniform
 1171  enforcement of existing laws within the proposed merged
 1172  independent district;
 1173         11.k. The times and places for public hearings on the
 1174  proposed joint merger plan; and
 1175         12.l. The effective date of the proposed merger.
 1176         (d)4. The resolution endorsing the proposed elector
 1177  initiated merger plan must be approved by a majority vote of the
 1178  governing bodies of each component independent special district
 1179  and must be adopted at least 60 business days before any general
 1180  or special election on the proposed elector-initiated plan.
 1181         (e)5. Within 5 business days after the governing bodies of
 1182  each component independent special district approve the proposed
 1183  elector-initiated merger plan, the governing bodies shall:
 1184         1.a. Cause a copy of the proposed elector-initiated merger
 1185  plan, along with a descriptive summary of the plan, to be
 1186  displayed and be readily accessible to the public for inspection
 1187  in at least three public places within the territorial limits of
 1188  each component independent special district, unless a component
 1189  independent special district has fewer than three public places,
 1190  in which case the plan must be accessible for inspection in all
 1191  public places within the component independent special district;
 1192         2.b. If applicable, cause the proposed elector-initiated
 1193  merger plan, along with a descriptive summary of the plan and a
 1194  reference to the public places within each component independent
 1195  special district where a copy of the merger plan may be
 1196  examined, to be displayed on a website maintained by each
 1197  district or otherwise on a website maintained by the county or
 1198  municipality in which the districts are located; and
 1199         3.c. Arrange for a descriptive summary of the proposed
 1200  elector-initiated merger plan, and a reference to the public
 1201  places within the district where a copy may be examined, to be
 1202  published in a newspaper of general circulation within the
 1203  component independent special districts at least once each week
 1204  for 4 successive weeks.
 1205         (f)6. The governing body of each component independent
 1206  special district shall set a time and place for one or more
 1207  public hearings on the proposed elector-initiated merger plan.
 1208  Each public hearing shall be held on a weekday at least 7
 1209  business days after the day the first advertisement is published
 1210  on the proposed elector-initiated merger plan. The hearing or
 1211  hearings may be held jointly or separately by the governing
 1212  bodies of the component independent special districts. Any
 1213  interested person residing in the respective district shall be
 1214  given a reasonable opportunity to be heard on any aspect of the
 1215  proposed merger at the public hearing.
 1216         1.a. Notice of the public hearing on the proposed elector
 1217  initiated merger plan must be published pursuant to the notice
 1218  requirements in s. 189.015 189.417 and must provide a
 1219  descriptive summary of the elector-initiated merger plan and a
 1220  reference to the public places within the component independent
 1221  special districts where a copy of the plan may be examined.
 1222         2.b. After the final public hearing, the governing bodies
 1223  of each component independent special district may amend the
 1224  proposed elector-initiated merger plan if the amended version
 1225  complies with the notice and public hearing requirements
 1226  provided in this section subsection. The governing bodies must
 1227  approve a final version of the merger plan within 60 business
 1228  days after the final hearing.
 1229         (g)7. After the final public hearing, the governing bodies
 1230  shall notify the supervisors of elections of the applicable
 1231  counties in which district lands are located of the adoption of
 1232  the resolution by each governing body. The supervisors of
 1233  elections shall schedule a date for the separate referenda for
 1234  each district. The referenda may be held in each district on the
 1235  same day, or on different days, but no more than 20 days apart.
 1236         1.a. Notice of a referendum on the merger of the component
 1237  independent special districts must be provided pursuant to the
 1238  notice requirements in s. 100.342. At a minimum, the notice must
 1239  include:
 1240         a.(I) A brief summary of the resolution and elector
 1241  initiated merger plan;
 1242         b.(II) A statement as to where a copy of the resolution and
 1243  petition for merger may be examined;
 1244         c.(III) The names of the component independent special
 1245  districts to be merged and a description of their territory;
 1246         d.(IV) The times and places at which the referendum will be
 1247  held; and
 1248         e.(V) Such other matters as may be necessary to call,
 1249  provide for, and give notice of the referendum and to provide
 1250  for the conduct thereof and the canvass of the returns.
 1251         2.b. The referenda must be held in accordance with the
 1252  Florida Election Code and may be held pursuant to ss. 101.6101
 1253  101.6107. All costs associated with the referenda shall be borne
 1254  by the respective component independent special district.
 1255         3.c. The ballot question in such referendum placed before
 1256  the qualified electors of each component independent special
 1257  district to be merged must be in substantially the following
 1258  form:
 1259         “Shall ...(name of component independent special
 1260  district)... and ...(name of component independent special
 1261  district or districts)... be merged into ...(name of newly
 1262  merged independent district)...?
 1263         ....YES
 1264         ....NO”
 1265         4.d. If the component independent special districts
 1266  proposing to merge have disparate millage rates, the ballot
 1267  question in the referendum placed before the qualified electors
 1268  of each component independent special district must be in
 1269  substantially the following form:
 1270         “Shall ...(name of component independent special
 1271  district)... and ...(name of component independent special
 1272  district or districts)... be merged into ...(name of newly
 1273  merged independent district)... if the voter-approved maximum
 1274  millage rate within each independent special district will not
 1275  increase absent a subsequent referendum?
 1276         ....YES
 1277         ....NO”
 1278         5.e. In any referendum held pursuant to this section
 1279  subsection, the ballots shall be counted, returns made and
 1280  canvassed, and results certified in the same manner as other
 1281  elections or referenda for the component independent special
 1282  districts.
 1283         6.f. The merger may not take effect unless a majority of
 1284  the votes cast in each component independent special district
 1285  are in favor of the merger. If one of the component independent
 1286  special districts does not obtain a majority vote, the
 1287  referendum fails, and merger does not take effect.
 1288         7.g. If the merger is approved by a majority of the votes
 1289  cast in each component independent special district, the merged
 1290  district shall notify the Special District Accountability
 1291  Information Program pursuant to s. 189.016(2) 189.418(2) and the
 1292  local general-purpose governments in which any part of the
 1293  component independent special districts is situated pursuant to
 1294  s. 189.016(7) 189.418(7).
 1295         8.h. If the referendum fails, the merger process under this
 1296  subsection paragraph may not be initiated for the same purpose
 1297  within 2 years after the date of the referendum.
 1298         (h)8. Component independent special districts merged
 1299  pursuant to an elector-initiated merger plan shall continue to
 1300  be governed as before the merger until the effective date
 1301  specified in the adopted elector-initiated merger plan.
 1302         (4)(d) EFFECTIVE DATE.—The effective date of the merger
 1303  shall be as provided in the joint merger plan or elector
 1304  initiated merger plan, as appropriate, and is not contingent
 1305  upon the future act of the Legislature.
 1306         (a)1. However, as soon as practicable, the merged
 1307  independent district shall, at its own expense, submit a unified
 1308  charter for the merged district to the Legislature for approval.
 1309  The unified charter must make the powers of the district
 1310  consistent within the merged independent district and repeal the
 1311  special acts of the districts which existed before the merger.
 1312         (b)2. Within 30 business days after the effective date of
 1313  the merger, the merged independent district’s governing body, as
 1314  indicated in this section subsection, shall hold an
 1315  organizational meeting to implement the provisions of the joint
 1316  merger plan or elector-initiated merger plan, as appropriate.
 1317         (5)(e) RESTRICTIONS DURING TRANSITION PERIOD.—Until the
 1318  Legislature formally approves the unified charter pursuant to a
 1319  special act, each component independent special district is
 1320  considered a subunit of the merged independent district subject
 1321  to the following restrictions:
 1322         (a)1. During the transition period, the merged independent
 1323  district is limited in its powers and financing capabilities
 1324  within each subunit to those powers that existed within the
 1325  boundaries of each subunit which were previously granted to the
 1326  component independent special district in its existing charter
 1327  before the merger. The merged independent district may not,
 1328  solely by reason of the merger, increase its powers or financing
 1329  capability.
 1330         (b)2. During the transition period, the merged independent
 1331  district shall exercise only the legislative authority to levy
 1332  and collect revenues within the boundaries of each subunit which
 1333  was previously granted to the component independent special
 1334  district by its existing charter before the merger, including
 1335  the authority to levy ad valorem taxes, non-ad valorem
 1336  assessments, impact fees, and charges.
 1337         1.a. The merged independent district may not, solely by
 1338  reason of the merger or the legislatively approved unified
 1339  charter, increase ad valorem taxes on property within the
 1340  original limits of a subunit beyond the maximum millage rate
 1341  approved by the electors of the component independent special
 1342  district unless the electors of such subunit approve an increase
 1343  at a subsequent referendum of the subunit’s electors. Each
 1344  subunit may be considered a separate taxing unit.
 1345         2.b. The merged independent district may not, solely by
 1346  reason of the merger, charge non-ad valorem assessments, impact
 1347  fees, or other new fees within a subunit which were not
 1348  otherwise previously authorized to be charged.
 1349         (c)3. During the transition period, each component
 1350  independent special district of the merged independent district
 1351  must continue to file all information and reports required under
 1352  this chapter as subunits until the Legislature formally approves
 1353  the unified charter pursuant to a special act.
 1354         (d)4. The intent of this part section is to preserve and
 1355  transfer to the merged independent district all authority that
 1356  exists within each subunit and was previously granted by the
 1357  Legislature and, if applicable, by referendum.
 1358         (6)(f) EFFECT OF MERGER, GENERALLY.—On and after the
 1359  effective date of the merger, the merged independent district
 1360  shall be treated and considered for all purposes as one entity
 1361  under the name and on the terms and conditions set forth in the
 1362  joint merger plan or elector-initiated merger plan, as
 1363  appropriate.
 1364         (a)1. All rights, privileges, and franchises of each
 1365  component independent special district and all assets, real and
 1366  personal property, books, records, papers, seals, and equipment,
 1367  as well as other things in action, belonging to each component
 1368  independent special district before the merger shall be deemed
 1369  as transferred to and vested in the merged independent district
 1370  without further act or deed.
 1371         (b)2. All property, rights-of-way, and other interests are
 1372  as effectually the property of the merged independent district
 1373  as they were of the component independent special district
 1374  before the merger. The title to real estate, by deed or
 1375  otherwise, under the laws of this state vested in any component
 1376  independent special district before the merger may not be deemed
 1377  to revert or be in any way impaired by reason of the merger.
 1378         (c)3. The merged independent district is in all respects
 1379  subject to all obligations and liabilities imposed and possesses
 1380  all the rights, powers, and privileges vested by law in other
 1381  similar entities.
 1382         (d)4. Upon the effective date of the merger, the joint
 1383  merger plan or elector-initiated merger plan, as appropriate, is
 1384  subordinate in all respects to the contract rights of all
 1385  holders of any securities or obligations of the component
 1386  independent special districts outstanding at the effective date
 1387  of the merger.
 1388         (e)5. The new registration of electors is not necessary as
 1389  a result of the merger, but all elector registrations of the
 1390  component independent special districts shall be transferred to
 1391  the proper registration books of the merged independent
 1392  district, and new registrations shall be made as provided by law
 1393  as if no merger had taken place.
 1394         (7)(g) GOVERNING BODY OF MERGED INDEPENDENT DISTRICT.—
 1395         (a)1. From the effective date of the merger until the next
 1396  general election, the governing body of the merged independent
 1397  district shall be comprised of the governing body members of
 1398  each component independent special district, with such members
 1399  serving until the governing body members elected at the next
 1400  general election take office.
 1401         (b)2. Beginning with the next general election following
 1402  the effective date of merger, the governing body of the merged
 1403  independent district shall be comprised of five members. The
 1404  office of each governing body member shall be designated by
 1405  seat, which shall be distinguished from other body member seats
 1406  by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
 1407  members that are elected in this initial election following the
 1408  merger shall serve unequal terms of 2 and 4 years in order to
 1409  create staggered membership of the governing body, with:
 1410         1.a. Member seats 1, 3, and 5 being designated for 4-year
 1411  terms; and
 1412         2.b. Member seats 2 and 4 being designated for 2-year
 1413  terms.
 1414         (c)3. In general elections thereafter, all governing body
 1415  members shall serve 4-year terms.
 1416         (8)(h) EFFECT ON EMPLOYEES.—Except as otherwise provided by
 1417  law and except for those officials and employees protected by
 1418  tenure of office, civil service provisions, or a collective
 1419  bargaining agreement, upon the effective date of merger, all
 1420  appointive offices and positions existing in all component
 1421  independent special districts involved in the merger are subject
 1422  to the terms of the joint merger plan or elector-initiated
 1423  merger plan, as appropriate. Such plan may provide for instances
 1424  in which there are duplications of positions and for other
 1425  matters such as varying lengths of employee contracts, varying
 1426  pay levels or benefits, different civil service regulations in
 1427  the constituent entities, and differing ranks and position
 1428  classifications for similar positions. For those employees who
 1429  are members of a bargaining unit certified by the Public
 1430  Employees Relations Commission, the requirements of chapter 447
 1431  apply.
 1432         (9)(i) EFFECT ON DEBTS, LIABILITIES, AND OBLIGATIONS.—
 1433         (a)1. All valid and lawful debts and liabilities existing
 1434  against a merged independent district, or which may arise or
 1435  accrue against the merged independent district, which but for
 1436  merger would be valid and lawful debts or liabilities against
 1437  one or more of the component independent special districts, are
 1438  debts against or liabilities of the merged independent district
 1439  and accordingly shall be defrayed and answered to by the merged
 1440  independent district to the same extent, and no further than,
 1441  the component independent special districts would have been
 1442  bound if a merger had not taken place.
 1443         (b)2. The rights of creditors and all liens upon the
 1444  property of any of the component independent special districts
 1445  shall be preserved unimpaired. The respective component
 1446  districts shall be deemed to continue in existence to preserve
 1447  such rights and liens, and all debts, liabilities, and duties of
 1448  any of the component districts attach to the merged independent
 1449  district.
 1450         (c)3. All bonds, contracts, and obligations of the
 1451  component independent special districts which exist as legal
 1452  obligations are obligations of the merged independent district,
 1453  and all such obligations shall be issued or entered into by and
 1454  in the name of the merged independent district.
 1455         (10)(j) EFFECT ON ACTIONS AND PROCEEDINGS.—In any action or
 1456  proceeding pending on the effective date of merger to which a
 1457  component independent special district is a party, the merged
 1458  independent district may be substituted in its place, and the
 1459  action or proceeding may be prosecuted to judgment as if merger
 1460  had not taken place. Suits may be brought and maintained against
 1461  a merged independent district in any state court in the same
 1462  manner as against any other independent special district.
 1463         (11)(k) EFFECT ON ANNEXATION.—Chapter 171 continues to
 1464  apply to all annexations by a city within the component
 1465  independent special districts’ boundaries after merger occurs.
 1466  Any moneys owed to a component independent special district
 1467  pursuant to s. 171.093, or any interlocal service boundary
 1468  agreement as a result of annexation predating the merger, shall
 1469  be paid to the merged independent district after merger.
 1470         (12)(l) EFFECT ON MILLAGE CALCULATIONS.—The merged
 1471  independent special district is authorized to continue or
 1472  conclude procedures under chapter 200 on behalf of the component
 1473  independent special districts. The merged independent special
 1474  district shall make the calculations required by chapter 200 for
 1475  each component individual special district separately.
 1476         (13)(m) DETERMINATION OF RIGHTS.—If any right, title,
 1477  interest, or claim arises out of a merger or by reason thereof
 1478  which is not determinable by reference to this subsection, the
 1479  joint merger plan or elector-initiated merger plan, as
 1480  appropriate, or otherwise under the laws of this state, the
 1481  governing body of the merged independent district may provide
 1482  therefor in a manner conforming to law.
 1483         (14)(n) EXEMPTION.—This section subsection does not apply
 1484  to independent special districts whose governing bodies are
 1485  elected by district landowners voting the acreage owned within
 1486  the district.
 1487         (15)(o) PREEMPTION.—This section subsection preempts any
 1488  special act to the contrary.
 1489         Section 22. Subsection (6) of section 189.4042, Florida
 1490  Statutes, is transferred, renumbered as section 189.075, Florida
 1491  Statutes, and amended to read:
 1492         189.075 189.4042Involuntary merger of independent special
 1493  districts Merger and dissolution procedures.—
 1494         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
 1495         (1)(a) INDEPENDENT SPECIAL DISTRICTS CREATED BY SPECIAL
 1496  ACT.—In order for the Legislature to merge an active independent
 1497  special district or districts created and operating pursuant to
 1498  a special act, the special act merging the active independent
 1499  special district or districts must be approved at separate
 1500  referenda of the impacted local governments by a majority of the
 1501  resident electors or, for districts in which a majority of
 1502  governing body board members are elected by landowners, a
 1503  majority of the landowners voting in the same manner by which
 1504  each independent special district’s governing body is elected.
 1505  The special act merging the districts must include a plan of
 1506  merger that addresses transition issues such as the effective
 1507  date of the merger, governance, administration, powers,
 1508  pensions, and assumption of all assets and liabilities. If a
 1509  local general-purpose government passes an ordinance or
 1510  resolution in support of the merger of an active independent
 1511  special district, the local general-purpose government must pay
 1512  any expenses associated with the referendum required under this
 1513  subsection paragraph.
 1514         (2)(b) INDEPENDENT SPECIAL DISTRICTS CREATED BY A COUNTY OR
 1515  MUNICIPALITY.—A county or municipality may merge an independent
 1516  special district created by the county or municipality pursuant
 1517  to a referendum or any other procedure by which the independent
 1518  special district was created. However, if the independent
 1519  special district has ad valorem taxation powers, the same
 1520  procedure required to grant the independent special district ad
 1521  valorem taxation powers is required to merge the district. The
 1522  political subdivisions proposing the involuntary merger of an
 1523  active independent special district must pay any expenses
 1524  associated with the referendum required under this subsection
 1525  paragraph.
 1526         (3)(c) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
 1527  independent special district that meets any criteria for being
 1528  declared inactive, or that has already been declared inactive,
 1529  pursuant to s. 189.062 189.4044 may be merged by special act
 1530  without a referendum.
 1531         Section 23. Subsection (7) of section 189.4042, Florida
 1532  Statutes, is transferred, renumbered as section 189.0761,
 1533  Florida Statutes, and amended to read:
 1534         189.0761 189.4042Merger and dissolution procedures.—
 1535         (7) Exemptions.—This part section does not apply to
 1536  community development districts implemented pursuant to chapter
 1537  190 or to water management districts created and operated
 1538  pursuant to chapter 373.
 1539         Section 24. Section 189.4044, Florida Statutes, is
 1540  transferred and renumbered as section 189.062, Florida Statutes,
 1541  subsections (1) and (3) of that section are amended, and
 1542  subsections (5) and (6) are added to that section, to read:
 1543         189.062 189.4044 Special procedures for inactive
 1544  districts.—
 1545         (1) The department shall declare inactive any special
 1546  district in this state by documenting that:
 1547         (a) The special district meets one of the following
 1548  criteria:
 1549         1. The registered agent of the district, the chair of the
 1550  governing body of the district, or the governing body of the
 1551  appropriate local general-purpose government notifies the
 1552  department in writing that the district has taken no action for
 1553  2 or more years.;
 1554         2. Following an inquiry from the department, The registered
 1555  agent of the district, the chair of the governing body of the
 1556  district, or the governing body of the appropriate local
 1557  general-purpose government notifies the department in writing
 1558  that the district has not had a governing body board or a
 1559  sufficient number of governing body board members to constitute
 1560  a quorum for 2 or more years.
 1561         3.or The registered agent of the district, the chair of
 1562  the governing body of the district, or the governing body of the
 1563  appropriate local general-purpose government fails to respond to
 1564  an the department’s inquiry from the department within 21 days.;
 1565         4.3. The department determines, pursuant to s. 189.067
 1566  189.421, that the district has failed to file any of the reports
 1567  listed in s. 189.066. 189.419;
 1568         5.4. The district has not had a registered office and agent
 1569  on file with the department for 1 or more years.; or
 1570         6.5. The governing body of a special district provides
 1571  documentation to the department that it has unanimously adopted
 1572  a resolution declaring the special district inactive. The
 1573  special district shall be responsible for payment of any
 1574  expenses associated with its dissolution. A special district
 1575  declared inactive pursuant to this subparagraph may be dissolved
 1576  without a referendum.
 1577         (b) The department, special district, or local general
 1578  purpose government published a notice of proposed declaration of
 1579  inactive status in a newspaper of general circulation in the
 1580  county or municipality in which the territory of the special
 1581  district is located and sent a copy of such notice by certified
 1582  mail to the registered agent or chair of the governing body
 1583  board, if any. Such notice must include the name of the special
 1584  district, the law under which it was organized and operating, a
 1585  general description of the territory included in the special
 1586  district, and a statement that any objections must be filed
 1587  pursuant to chapter 120 within 21 days after the publication
 1588  date; and
 1589         (c) Twenty-one days have elapsed from the publication date
 1590  of the notice of proposed declaration of inactive status and no
 1591  administrative appeals were filed.
 1592         (3) In the case of a district created by special act of the
 1593  Legislature, the department shall send a notice of declaration
 1594  of inactive status to the Speaker of the House of
 1595  Representatives, and the President of the Senate, the standing
 1596  committees of the Senate and the House of Representatives
 1597  charged with special district oversight as determined by the
 1598  presiding officers of each respective chamber, and the
 1599  Legislative Auditing Committee. The notice of declaration of
 1600  inactive status shall reference each known special act creating
 1601  or amending the charter of any special district declared to be
 1602  inactive under this section. The declaration of inactive status
 1603  shall be sufficient notice as required by s. 10, Art. III of the
 1604  State Constitution to authorize the Legislature to repeal any
 1605  special laws so reported. In the case of a district created by
 1606  one or more local general-purpose governments, the department
 1607  shall send a notice of declaration of inactive status to the
 1608  chair of the governing body of each local general-purpose
 1609  government that created the district. In the case of a district
 1610  created by interlocal agreement, the department shall send a
 1611  notice of declaration of inactive status to the chair of the
 1612  governing body of each local general-purpose government which
 1613  entered into the interlocal agreement.
 1614         (5) A special district declared inactive under this section
 1615  may not collect taxes, fees, or assessments unless the
 1616  declaration is:
 1617         (a) Withdrawn or revoked by the department; or
 1618         (b) Invalidated in proceedings initiated by the special
 1619  district within 30 days after the date written notice of the
 1620  declaration was provided to the special district governing body
 1621  by physical or electronic delivery, receipt confirmed. The
 1622  special district governing body may initiate invalidation
 1623  proceedings within the period authorized in this paragraph by:
 1624         1. Filing with the department a petition for an
 1625  administrative hearing pursuant to s. 120.569; or
 1626         2. Filing an action for declaratory and injunctive relief
 1627  under chapter 86 in the circuit court of the judicial circuit in
 1628  which the majority of the geographic area of the district is
 1629  located.
 1630         (6) If the governing body of a special district that is
 1631  declared inactive pursuant to this section does not initiate a
 1632  timely challenge to such declaration or if the department
 1633  prevails in a proceeding initiated under subsection (5), the
 1634  department may enforce the prohibitions in subsection (5) by
 1635  filing a petition for enforcement with the circuit court in and
 1636  for Leon County. The petition may request declaratory,
 1637  injunctive, or other equitable relief, including the appointment
 1638  of a receiver, and any forfeiture or other remedy provided by
 1639  law. The prevailing party shall be awarded costs of litigation
 1640  and reasonable attorney fees in any proceeding brought under
 1641  this subsection and subsection (5).
 1642         Section 25. Section 189.4045, Florida Statutes, is
 1643  transferred and renumbered as section 189.076, Florida Statutes.
 1644         Section 26. Section 189.4047, Florida Statutes, is
 1645  transferred and renumbered as section 189.021, Florida Statutes.
 1646         Section 27. Subsections (1), (2), (3), (4), (6), and (7) of
 1647  section 189.405, Florida Statutes, are transferred and
 1648  renumbered as subsections (1) through (6) of section 189.04,
 1649  Florida Statutes, respectively, and present subsection (1),
 1650  paragraph (c) of present subsection (2), and present subsections
 1651  (3), (4), and (7) of that section are amended, to read:
 1652         189.04 189.405 Elections; general requirements and
 1653  procedures; education programs.—
 1654         (1) If a dependent special district has an elected
 1655  governing body board, elections shall be conducted by the
 1656  supervisor of elections of the county wherein the district is
 1657  located in accordance with the Florida Election Code, chapters
 1658  97-106.
 1659         (2)
 1660         (c) A candidate for a position on a governing body board of
 1661  a single-county special district that has its elections
 1662  conducted by the supervisor of elections shall qualify for the
 1663  office with the county supervisor of elections in whose
 1664  jurisdiction the district is located. Elections for governing
 1665  body board members elected by registered electors shall be
 1666  nonpartisan, except when partisan elections are specified by a
 1667  district’s charter. Candidates shall qualify as directed by
 1668  chapter 99. The qualifying fee shall be remitted to the general
 1669  revenue fund of the qualifying officer to help defray the cost
 1670  of the election.
 1671         (3)(a) If a multicounty special district has a popularly
 1672  elected governing body board, elections for the purpose of
 1673  electing members to such governing body board shall conform to
 1674  the Florida Election Code, chapters 97-106.
 1675         (b) With the exception of those districts conducting
 1676  elections on a one-acre/one-vote basis, qualifying for
 1677  multicounty special district governing body board positions
 1678  shall be coordinated by the Department of State. Elections for
 1679  governing body board members elected by registered electors
 1680  shall be nonpartisan, except when partisan elections are
 1681  specified by a district’s charter. Candidates shall qualify as
 1682  directed by chapter 99. The qualifying fee shall be remitted to
 1683  the Department of State.
 1684         (4) With the exception of elections of special district
 1685  governing body board members conducted on a one-acre/one-vote
 1686  basis, in any election conducted in a special district the
 1687  decision made by a majority of those voting shall prevail,
 1688  except as otherwise specified by law.
 1689         (6)(7) Nothing in this act requires that a special district
 1690  governed by an appointed governing body board convert to an
 1691  elected governing body board.
 1692         Section 28. Subsection (5) of section 189.405, Florida
 1693  Statutes, is transferred, renumbered as section 189.063, Florida
 1694  Statutes, and amended to read:
 1695         189.063 189.405Education programs for new members of
 1696  district governing bodies Elections; general requirements and
 1697  procedures; education programs.—
 1698         (1)(5)(a) The department may provide, contract for, or
 1699  assist in conducting education programs, as its budget permits,
 1700  for all newly elected or appointed members of district governing
 1701  bodies boards. The education programs shall include, but are not
 1702  limited to, courses on the code of ethics for public officers
 1703  and employees, public meetings and public records requirements,
 1704  public finance, and parliamentary procedure. Course content may
 1705  be offered by means of the following: videotapes, live seminars,
 1706  workshops, conferences, teleconferences, computer-based
 1707  training, multimedia presentations, or other available
 1708  instructional methods.
 1709         (2)(b) An individual district governing body board, at its
 1710  discretion, may bear the costs associated with educating its
 1711  members. Governing body Board members of districts which have
 1712  qualified for a zero annual fee for the most recent invoicing
 1713  period pursuant to s. 189.018 are 189.427 shall not be required
 1714  to pay a fee for any education program the department provides,
 1715  contracts for, or assists in conducting.
 1716         Section 29. Section 189.4051, Florida Statutes, is
 1717  transferred, renumbered as section 189.041, Florida Statutes,
 1718  and amended to read:
 1719         189.041 189.4051 Elections; special requirements and
 1720  procedures for districts with governing bodies boards elected on
 1721  a one-acre/one-vote basis.—
 1722         (1) DEFINITIONS.—As used in this section:
 1723         (a) “Qualified elector” means any person at least 18 years
 1724  of age who is a citizen of the United States, a permanent
 1725  resident of Florida, and a freeholder or freeholder’s spouse and
 1726  resident of the district who registers with the supervisor of
 1727  elections of a county within which the district lands are
 1728  located when the registration books are open.
 1729         (b) “Urban area” means a contiguous developed and inhabited
 1730  urban area within a district with a minimum average resident
 1731  population density of at least 1.5 persons per acre as defined
 1732  by the latest official census, special census, or population
 1733  estimate or a minimum density of one single-family home per 2.5
 1734  acres with access to improved roads or a minimum density of one
 1735  single-family home per 5 acres within a recorded plat
 1736  subdivision. Urban areas shall be designated by the governing
 1737  body board of the district with the assistance of all local
 1738  general-purpose governments having jurisdiction over the area
 1739  within the district.
 1740         (c) “Governing body board member” means any duly elected
 1741  member of the governing body board of a special district elected
 1742  pursuant to this section, provided that a any board member
 1743  elected by popular vote shall be a qualified district elector
 1744  and a any board member elected on a one-acre/one-vote basis
 1745  shall meet the requirements of s. 298.11 for election to the
 1746  governing body board.
 1747         (d) “Contiguous developed urban area” means any reasonably
 1748  compact urban area located entirely within a special district.
 1749  The separation of urban areas by a publicly owned park, right
 1750  of-way, highway, road, railroad, canal, utility, body of water,
 1751  watercourse, or other minor geographical division of a similar
 1752  nature shall not prevent such areas from being defined as urban
 1753  areas.
 1754         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
 1755  AREAS.—
 1756         (a) Referendum.—
 1757         1. A referendum shall be called by the governing body board
 1758  of a special district where the governing body board is elected
 1759  on a one-acre/one-vote basis on the question of whether certain
 1760  members of a district governing body board should be elected by
 1761  qualified electors, provided each of the following conditions
 1762  has been satisfied at least 60 days before prior to the general
 1763  or special election at which the referendum is to be held:
 1764         a. The district shall have a total population, according to
 1765  the latest official state census, a special census, or a
 1766  population estimate, of at least 500 qualified electors.
 1767         b. A petition signed by 10 percent of the qualified
 1768  electors of the district shall have been filed with the
 1769  governing body board of the district. The petition shall be
 1770  submitted to the supervisor of elections of the county or
 1771  counties in which the lands are located. The supervisor shall,
 1772  within 30 days after the receipt of the petitions, certify to
 1773  the governing body board the number of signatures of qualified
 1774  electors contained on the petition.
 1775         2. Upon verification by the supervisor or supervisors of
 1776  elections of the county or counties within which district lands
 1777  are located that 10 percent of the qualified electors of the
 1778  district have petitioned the governing body board, a referendum
 1779  election shall be called by the governing body board at the next
 1780  regularly scheduled election of governing body board members
 1781  occurring at least 30 days after verification of the petition or
 1782  within 6 months of verification, whichever is earlier.
 1783         3. If the qualified electors approve the election procedure
 1784  described in this subsection, the governing body board of the
 1785  district shall be increased to five members and elections shall
 1786  be held pursuant to the criteria described in this subsection
 1787  beginning with the next regularly scheduled election of
 1788  governing body board members or at a special election called
 1789  within 6 months following the referendum and final unappealed
 1790  approval of district urban area maps as provided in paragraph
 1791  (b), whichever is earlier.
 1792         4. If the qualified electors of the district disapprove the
 1793  election procedure described in this subsection, elections of
 1794  the members of the governing body board shall continue as
 1795  described by s. 298.12 or the enabling legislation for the
 1796  district. No further referendum on the question shall be held
 1797  for a minimum period of 2 years following the referendum.
 1798         (b) Designation of urban areas.—
 1799         1. Within 30 days after approval of the election process
 1800  described in this subsection by qualified electors of the
 1801  district, the governing body board shall direct the district
 1802  staff to prepare and present maps of the district describing the
 1803  extent and location of all urban areas within the district. Such
 1804  determination shall be based upon the criteria contained within
 1805  paragraph (1)(b).
 1806         2. Within 60 days after approval of the election process
 1807  described in this subsection by qualified electors of the
 1808  district, the maps describing urban areas within the district
 1809  shall be presented to the governing body board.
 1810         3. Any district landowner or elector may contest the
 1811  accuracy of the urban area maps prepared by the district staff
 1812  within 30 days after submission to the governing body board.
 1813  Upon notice of objection to the maps, the governing body board
 1814  shall request the county engineer to prepare and present maps of
 1815  the district describing the extent and location of all urban
 1816  areas within the district. Such determination shall be based
 1817  upon the criteria contained within paragraph (1)(b). Within 30
 1818  days after the governing body board request, the county engineer
 1819  shall present the maps to the governing body board.
 1820         4. Upon presentation of the maps by the county engineer,
 1821  the governing body board shall compare the maps submitted by
 1822  both the district staff and the county engineer and make a
 1823  determination as to which set of maps to adopt. Within 60 days
 1824  after presentation of all such maps, the governing body board
 1825  may amend and shall adopt the official maps at a regularly
 1826  scheduled meeting of the governing body board meeting.
 1827         5. Any district landowner or qualified elector may contest
 1828  the accuracy of the urban area maps adopted by the governing
 1829  body board within 30 days after adoption by petition to the
 1830  circuit court with jurisdiction over the district. Accuracy
 1831  shall be determined pursuant to paragraph (1)(b). Any petitions
 1832  so filed shall be heard expeditiously, and the maps shall either
 1833  be approved or approved with necessary amendments to render the
 1834  maps accurate and shall be certified to the governing body
 1835  board.
 1836         6. Upon adoption by the governing body board or
 1837  certification by the court, the district urban area maps shall
 1838  serve as the official maps for determination of the extent of
 1839  urban area within the district and the number of governing body
 1840  board members to be elected by qualified electors and by the
 1841  one-acre/one-vote principle at the next regularly scheduled
 1842  election of governing body board members.
 1843         7. Upon a determination of the percentage of urban area
 1844  within the district as compared with total area within the
 1845  district, the governing body board shall order elections in
 1846  accordance with the percentages pursuant to paragraph (3)(a).
 1847  The landowners’ meeting date shall be designated by the
 1848  governing body board.
 1849         8. The maps shall be updated and readopted every 5 years or
 1850  sooner in the discretion of the governing body board.
 1851         (3) GOVERNING BODY BOARD.—
 1852         (a) Composition of board.—
 1853         1. Members of the governing body board of the district
 1854  shall be elected in accordance with the following determinations
 1855  of urban area:
 1856         a. If urban areas constitute 25 percent or less of the
 1857  district, one governing body board member shall be elected by
 1858  the qualified electors and four governing body board members
 1859  shall be elected in accordance with the one-acre/one-vote
 1860  principle contained within s. 298.11 or the district-enabling
 1861  legislation.
 1862         b. If urban areas constitute 26 percent to 50 percent of
 1863  the district, two governing body board members shall be elected
 1864  by the qualified electors and three governing body board members
 1865  shall be elected in accordance with the one-acre/one-vote
 1866  principle contained within s. 298.11 or the district-enabling
 1867  legislation.
 1868         c. If urban areas constitute 51 percent to 70 percent of
 1869  the district, three governing body board members shall be
 1870  elected by the qualified electors and two governing body board
 1871  members shall be elected in accordance with the one-acre/one
 1872  vote principle contained within s. 298.11 or the district
 1873  enabling legislation.
 1874         d. If urban areas constitute 71 percent to 90 percent of
 1875  the district, four governing body board members shall be elected
 1876  by the qualified electors and one governing body board member
 1877  shall be elected in accordance with the one-acre/one-vote
 1878  principle contained within s. 298.11 or the district-enabling
 1879  legislation.
 1880         e. If urban areas constitute 91 percent or more of the
 1881  district, all governing body board members shall be elected by
 1882  the qualified electors.
 1883         2. All governing body board members elected by qualified
 1884  electors shall be elected at large.
 1885         (b) Term of office.—All governing body board members
 1886  elected by qualified electors shall have a term of 4 years
 1887  except for governing body board members elected at the first
 1888  election and the first landowners’ meeting following the
 1889  referendum prescribed in paragraph (2)(a). Governing body board
 1890  members elected at the first election and the first landowners’
 1891  meeting following the referendum shall serve as follows:
 1892         1. If one governing body board member is elected by the
 1893  qualified electors and four are elected on a one-acre/one-vote
 1894  basis, the governing body board member elected by the qualified
 1895  electors shall be elected for a period of 4 years. Governing
 1896  body board members elected on a one-acre/one-vote basis shall be
 1897  elected for periods of 1, 2, 3, and 4 years, respectively, as
 1898  prescribed by ss. 298.11 and 298.12.
 1899         2. If two governing body board members are elected by the
 1900  qualified electors and three are elected on a one-acre/one-vote
 1901  basis, the governing body board members elected by the electors
 1902  shall be elected for a period of 4 years. Governing body board
 1903  members elected on a one-acre/one-vote basis shall be elected
 1904  for periods of 1, 2, and 3 years, respectively, as prescribed by
 1905  ss. 298.11 and 298.12.
 1906         3. If three governing body board members are elected by the
 1907  qualified electors and two are elected on a one-acre/one-vote
 1908  basis, two of the governing body board members elected by the
 1909  electors shall be elected for a term of 4 years and the other
 1910  governing body board member elected by the electors shall be
 1911  elected for a term of 2 years. Governing body board members
 1912  elected on a one-acre/one-vote basis shall be elected for terms
 1913  of 1 and 2 years, respectively, as prescribed by ss. 298.11 and
 1914  298.12.
 1915         4. If four governing body board members are elected by the
 1916  qualified electors and one is elected on a one-acre/one-vote
 1917  basis, two of the governing body board members elected by the
 1918  electors shall be elected for a term of 2 years and the other
 1919  two for a term of 4 years. The governing body board member
 1920  elected on a one-acre/one-vote basis shall be elected for a term
 1921  of 1 year as prescribed by ss. 298.11 and 298.12.
 1922         5. If five governing body board members are elected by the
 1923  qualified electors, three shall be elected for a term of 4 years
 1924  and two for a term of 2 years.
 1925         6. If any vacancy occurs in a seat occupied by a governing
 1926  body board member elected by the qualified electors, the
 1927  remaining members of the governing body board shall, within 45
 1928  days after the vacancy occurs, appoint a person who would be
 1929  eligible to hold the office to the unexpired term.
 1930         (c) Landowners’ meetings.—
 1931         1. An annual landowners’ meeting shall be held pursuant to
 1932  s. 298.11 and at least one governing body board member shall be
 1933  elected on a one-acre/one-vote basis pursuant to s. 298.12 for
 1934  so long as 10 percent or more of the district is not contained
 1935  in an urban area. In the event all district governing body board
 1936  members are elected by qualified electors, there shall be no
 1937  further landowners’ meetings.
 1938         2. At any landowners’ meeting called pursuant to this
 1939  section, 50 percent of the district acreage shall not be
 1940  required to constitute a quorum and each governing body board
 1941  member shall be elected by a majority of the acreage represented
 1942  either by owner or proxy present and voting at said meeting.
 1943         3. All landowners’ meetings of districts operating pursuant
 1944  to this section shall be set by the governing body board within
 1945  the month preceding the month of the election of the governing
 1946  body board members by the electors.
 1947         4. Vacancies on the governing body board shall be filled
 1948  pursuant to s. 298.12 except as otherwise provided in
 1949  subparagraph (b)6.
 1950         (4) QUALIFICATIONS.—Elections for governing body board
 1951  members elected by qualified electors shall be nonpartisan.
 1952  Qualifications shall be pursuant to the Florida Election Code
 1953  and shall occur during the qualifying period established by s.
 1954  99.061. Qualification requirements shall only apply to those
 1955  governing body board member candidates elected by qualified
 1956  electors. Following the first election pursuant to this section,
 1957  elections to the governing body board by qualified electors
 1958  shall occur at the next regularly scheduled election closest in
 1959  time to the expiration date of the term of the elected governing
 1960  body board member. If the next regularly scheduled election is
 1961  beyond the normal expiration time for the term of an elected
 1962  governing body board member, the governing body board member
 1963  shall hold office until the election of a successor.
 1964         (5) Those districts established as single-purpose water
 1965  control districts, and which continue to act as single-purpose
 1966  water control districts, pursuant to chapter 298, pursuant to a
 1967  special act, pursuant to a local government ordinance, or
 1968  pursuant to a judicial decree, shall be exempt from the
 1969  provisions of this section. All other independent special
 1970  districts with governing bodies boards elected on a one
 1971  acre/one-vote basis shall be subject to the provisions of this
 1972  section.
 1973         (6) The provisions of this section shall not apply to
 1974  community development districts established pursuant to chapter
 1975  190.
 1976         Section 30. Section 189.4065, Florida Statutes, is
 1977  transferred and renumbered as section 189.05, Florida Statutes.
 1978         Section 31. Section 189.408, Florida Statutes, is
 1979  transferred and renumbered as section 189.042, Florida Statutes.
 1980         Section 32. Section 189.4085, Florida Statutes, is
 1981  transferred and renumbered as section 189.051, Florida Statutes.
 1982         Section 33. Section 189.412, Florida Statutes, is
 1983  transferred and renumbered as section 189.064, Florida Statutes,
 1984  and amended to read:
 1985         189.064 189.412 Special District Accountability Information
 1986  Program; duties and responsibilities.—The Special District
 1987  Accountability Information Program of the department of Economic
 1988  Opportunity is created and has the following special duties:
 1989         (1) Electronically publishing The collection and
 1990  maintenance of special district noncompliance status reports
 1991  from the department of Management Services, the Department of
 1992  Financial Services, the Division of Bond Finance of the State
 1993  Board of Administration, the Auditor General, and the
 1994  Legislative Auditing Committee, for the reporting required in
 1995  ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance
 1996  reports must list those special districts that did not comply
 1997  with the statutory reporting requirements and be made available
 1998  to the public electronically.
 1999         (2) Maintaining the official list of special districts The
 2000  maintenance of a master list of independent and dependent
 2001  special districts which shall be available on the department’s
 2002  website.
 2003         (3) The Publishing and updating of a “Florida Special
 2004  District Handbook” that contains, at a minimum:
 2005         (a) A section that specifies definitions of special
 2006  districts and status distinctions in the statutes.
 2007         (b) A section or sections that specify current statutory
 2008  provisions for special district creation, implementation,
 2009  modification, dissolution, and operating procedures.
 2010         (c) A section that summarizes the reporting requirements
 2011  applicable to all types of special districts as provided in ss.
 2012  189.015 and 189.016 189.417 and 189.418.
 2013         (4) When feasible, securing and maintaining access to
 2014  special district information collected by all state agencies in
 2015  existing or newly created state computer systems.
 2016         (4)(5)Coordinating and communicating The facilitation of
 2017  coordination and communication among state agencies regarding
 2018  special districts district information.
 2019         (6) The conduct of studies relevant to special districts.
 2020         (5)(7)Providing technical advisory The provision of
 2021  assistance related to special districts regarding the and
 2022  appropriate in the performance of requirements specified in this
 2023  chapter which duty may be performed by the department or by a
 2024  qualified third-party vendor pursuant to a contract entered into
 2025  in accordance with applicable bidding requirements, including
 2026  assisting with an annual conference sponsored by the Florida
 2027  Association of Special Districts or its successor.
 2028         (6)(8) Providing assistance to local general-purpose
 2029  governments and certain state agencies in collecting delinquent
 2030  reports or information.,
 2031         (7) Helping special districts comply with reporting
 2032  requirements.,
 2033         (8) Declaring special districts inactive when appropriate,
 2034  and, when directed by the Legislative Auditing Committee or
 2035  required by this chapter.,
 2036         (9) Initiating enforcement proceedings provisions as
 2037  provided in ss. 189.062, 189.066, and 189.067 189.4044, 189.419,
 2038  and 189.421.
 2039         Section 34. Section 189.413, Florida Statutes, is
 2040  transferred and renumbered as section 189.065, Florida Statutes,
 2041  and amended to read:
 2042         189.065 189.413 Special districts; oversight of state funds
 2043  use.—Any state agency administering funding programs for which
 2044  special districts are eligible shall be responsible for
 2045  oversight of the use of such funds by special districts. The
 2046  oversight responsibilities shall include, but not be limited to:
 2047         (1) Reporting the existence of the program to the Special
 2048  District Accountability Information Program of the department.
 2049         (2) Submitting annually a list of special districts
 2050  participating in a state funding program to the Special District
 2051  Accountability Information Program of the department. This list
 2052  must indicate the special districts, if any, that are not in
 2053  compliance with state funding program requirements.
 2054         Section 35. Section 189.415, Florida Statutes, is
 2055  transferred and renumbered as section 189.08, Florida Statutes.
 2056         Section 36. Section 189.4155, Florida Statutes, is
 2057  transferred and renumbered as section 189.081, Florida Statutes.
 2058         Section 37. Section 189.4156, Florida Statutes, is
 2059  transferred and renumbered as section 189.082, Florida Statutes.
 2060         Section 38. Section 189.416, Florida Statutes, is
 2061  transferred and renumbered as section 189.014, Florida Statutes,
 2062  and subsection (1) of that section is amended, to read:
 2063         189.014 189.416 Designation of registered office and
 2064  agent.—
 2065         (1) Within 30 days after the first meeting of its governing
 2066  body board, each special district in the state shall designate a
 2067  registered office and a registered agent and file such
 2068  information with the local governing authority or authorities
 2069  and with the department. The registered agent shall be an agent
 2070  of the district upon whom any process, notice, or demand
 2071  required or permitted by law to be served upon the district may
 2072  be served. A registered agent shall be an individual resident of
 2073  this state whose business address is identical with the
 2074  registered office of the district. The registered office may be,
 2075  but need not be, the same as the place of business of the
 2076  special district.
 2077         Section 39. Section 189.417, Florida Statutes, is
 2078  transferred and renumbered as section 189.015, Florida Statutes,
 2079  and subsection (1) of that section is amended, to read:
 2080         189.015 189.417 Meetings; notice; required reports.—
 2081         (1) The governing body of each special district shall file
 2082  quarterly, semiannually, or annually a schedule of its regular
 2083  meetings with the local governing authority or authorities. The
 2084  schedule shall include the date, time, and location of each
 2085  scheduled meeting. The schedule shall be published quarterly,
 2086  semiannually, or annually in a newspaper of general paid
 2087  circulation in the manner required in this subsection. The
 2088  governing body of an independent special district shall
 2089  advertise the day, time, place, and purpose of any meeting other
 2090  than a regular meeting or any recessed and reconvened meeting of
 2091  the governing body, at least 7 days before prior to such
 2092  meeting, in a newspaper of general paid circulation in the
 2093  county or counties in which the special district is located,
 2094  unless a bona fide emergency situation exists, in which case a
 2095  meeting to deal with the emergency may be held as necessary,
 2096  with reasonable notice, so long as it is subsequently ratified
 2097  by the governing body board. No approval of the annual budget
 2098  shall be granted at an emergency meeting. The advertisement
 2099  shall be placed in that portion of the newspaper where legal
 2100  notices and classified advertisements appear. The advertisement
 2101  shall appear in a newspaper that is published at least 5 days a
 2102  week, unless the only newspaper in the county is published fewer
 2103  than 5 days a week. The newspaper selected must be one of
 2104  general interest and readership in the community and not one of
 2105  limited subject matter, pursuant to chapter 50. Any other
 2106  provision of law to the contrary notwithstanding, and except in
 2107  the case of emergency meetings, water management districts may
 2108  provide reasonable notice of public meetings held to evaluate
 2109  responses to solicitations issued by the water management
 2110  district, by publication in a newspaper of general paid
 2111  circulation in the county where the principal office of the
 2112  water management district is located, or in the county or
 2113  counties where the public work will be performed, no less than 7
 2114  days before such meeting.
 2115         Section 40. Section 189.418, Florida Statutes, is
 2116  transferred and renumbered as section 189.016, Florida Statutes,
 2117  and subsections (2) and (10) of that section are amended, to
 2118  read:
 2119         189.016 189.418 Reports; budgets; audits.—
 2120         (2) Any amendment, modification, or update of the document
 2121  by which the district was created, including changes in
 2122  boundaries, must be filed with the department within 30 days
 2123  after adoption. The department may initiate proceedings against
 2124  special districts as provided in s. 189.067 189.421 for failure
 2125  to file the information required by this subsection. However,
 2126  for the purposes of this section and s. 175.101(1), the
 2127  boundaries of a district shall be deemed to include an area that
 2128  has been annexed until the completion of the 4-year period
 2129  specified in s. 171.093(4) or other mutually agreed upon
 2130  extension, or when a district is providing services pursuant to
 2131  an interlocal agreement entered into pursuant to s. 171.093(3).
 2132         (10) All reports or information required to be filed with a
 2133  local general-purpose government or governing authority under
 2134  ss. 189.08, 189.014, and 189.015 189.415, 189.416, and 189.417
 2135  and subsection (8) must:
 2136         (a) If the local general-purpose government or governing
 2137  authority is a county, be filed with the clerk of the board of
 2138  county commissioners.
 2139         (b) If the district is a multicounty district, be filed
 2140  with the clerk of the county commission in each county.
 2141         (c) If the local general-purpose government or governing
 2142  authority is a municipality, be filed at the place designated by
 2143  the municipal governing body.
 2144         Section 41. Section 189.419, Florida Statutes, is
 2145  transferred, renumbered as section 189.066, Florida Statutes,
 2146  and amended to read:
 2147         189.066 189.419 Effect of failure to file certain reports
 2148  or information.—
 2149         (1) If an independent special district fails to file the
 2150  reports or information required under s. 189.08, s. 189.014, s.
 2151  189.015, or s. 189.016(9) 189.415, s. 189.416, s. 189.417, or s.
 2152  189.418(9) with the local general-purpose government or
 2153  governments in which it is located, the person authorized to
 2154  receive and read the reports or information or the local
 2155  general-purpose government shall notify the district’s
 2156  registered agent. If requested by the district, the local
 2157  general-purpose government shall grant an extension of up to 30
 2158  days for filing the required reports or information. If the
 2159  governing body of the local general-purpose government or
 2160  governments determines that there has been an unjustified
 2161  failure to file these reports or information, it shall may
 2162  notify the department, and the department may proceed pursuant
 2163  to s. 189.067(1) 189.421(1).
 2164         (2) If a dependent special district fails to file the
 2165  reports or information required under s. 189.014, s. 189.015, or
 2166  s. 189.016(9) 189.416, s. 189.417, or s. 189.418(9) with the
 2167  local governing authority to which it is dependent, the local
 2168  governing authority shall take whatever steps it deems necessary
 2169  to enforce the special district’s accountability. Such steps may
 2170  include, as authorized, withholding funds, removing governing
 2171  body board members at will, vetoing the special district’s
 2172  budget, conducting the oversight review process set forth in s.
 2173  189.068 189.428, or amending, merging, or dissolving the special
 2174  district in accordance with the provisions contained in the
 2175  ordinance that created the dependent special district.
 2176         (3) If a special district fails to file the reports or
 2177  information required under s. 218.38 with the appropriate state
 2178  agency, the agency shall notify the department, and the
 2179  department shall send a certified technical assistance letter to
 2180  the special district which summarizes the requirements and
 2181  compels encourages the special district to take steps to prevent
 2182  the noncompliance from reoccurring.
 2183         (4) If a special district fails to file the reports or
 2184  information required under s. 112.63 with the appropriate state
 2185  agency, the agency shall notify the department and the
 2186  department shall proceed pursuant to s. 189.067(1) 189.421(1).
 2187         (5) If a special district fails to file the reports or
 2188  information required under s. 218.32 or s. 218.39 with the
 2189  appropriate state agency or office, the state agency or office
 2190  shall, and the Legislative Auditing Committee may, notify the
 2191  department and the department shall proceed pursuant to s.
 2192  189.067 189.421.
 2193         (6) If a special district created by special act of the
 2194  Legislature fails to file the reports or information required
 2195  under ss. 11.45(7), 218.32, s. 218.39, or 218.503 with the
 2196  appropriate state agency or office, the Legislative Auditing
 2197  Committee shall notify, in writing, the Speaker of the House of
 2198  Representatives, the President of the Senate, and the standing
 2199  committees of the Senate and the House of Representatives
 2200  charged with special district oversight as determined by the
 2201  presiding officers of each respective chamber, pursuant to s.
 2202  189.034.
 2203         (7) If a special district created by ordinance fails to
 2204  file the reports or information required under ss. 11.45(7),
 2205  218.32, 218.39, and 218.503 with the appropriate state agency or
 2206  office, the Legislative Auditing Committee shall notify, in
 2207  writing, the department and the chair or equivalent of the local
 2208  general-purpose government that created the district, pursuant
 2209  to s. 189.035.
 2210         Section 42. Section 189.420, Florida Statutes, is
 2211  transferred and renumbered as section 189.052, Florida Statutes.
 2212         Section 43. Section 189.421, Florida Statutes, is
 2213  transferred, renumbered as section 189.067, Florida Statutes,
 2214  and amended to read:
 2215         189.067 189.421 Failure of district to disclose financial
 2216  reports.—
 2217         (1)(a) If notified pursuant to s. 189.066(1) 189.419(1),
 2218  (4), or (5), the department shall attempt to assist a special
 2219  district in complying with its financial reporting requirements
 2220  by sending a certified letter to the special district, and, if
 2221  the special district is dependent, sending a copy of that letter
 2222  to the chair of the local governing authority. The letter must
 2223  include a description of the required report, including
 2224  statutory submission deadlines, a contact telephone number for
 2225  technical assistance to help the special district comply, a 60
 2226  day deadline for filing the required report with the appropriate
 2227  entity, the address where the report must be filed, and an
 2228  explanation of the penalties for noncompliance.
 2229         (b) A special district that is unable to meet the 60-day
 2230  reporting deadline must provide written notice to the department
 2231  before the expiration of the deadline stating the reason the
 2232  special district is unable to comply with the deadline, the
 2233  steps the special district is taking to prevent the
 2234  noncompliance from reoccurring, and the estimated date that the
 2235  special district will file the report with the appropriate
 2236  agency. The district’s written response does not constitute an
 2237  extension by the department; however, the department shall
 2238  forward the written response as follows to:
 2239         1. If the written response refers to the reports required
 2240  under s. 218.32 or s. 218.39, to the Legislative Auditing
 2241  Committee for its consideration in determining whether the
 2242  special district should be subject to further state action in
 2243  accordance with s. 11.40(2)(b).
 2244         2. If the written response refers to the reports or
 2245  information requirements listed in s. 189.066(1) 189.419(1), to
 2246  the local general-purpose government or governments for their
 2247  consideration in determining whether the oversight review
 2248  process set forth in s. 189.068 189.428 should be undertaken.
 2249         3. If the written response refers to the reports or
 2250  information required under s. 112.63, to the Department of
 2251  Management Services for its consideration in determining whether
 2252  the special district should be subject to further state action
 2253  in accordance with s. 112.63(4)(d)2.
 2254         (2) Failure of a special district to comply with the
 2255  actuarial and financial reporting requirements under s. 112.63,
 2256  s. 218.32, or s. 218.39 after the procedures of subsection (1)
 2257  are exhausted shall be deemed final action of the special
 2258  district. The actuarial and financial reporting requirements are
 2259  declared to be essential requirements of law. Remedies Remedy
 2260  for noncompliance with ss. 218.32 and 218.39 shall be as
 2261  provided in ss. 189.034 and 189.035. Remedies for noncompliance
 2262  with s. 112.63 shall be as set forth in subsection (4) by writ
 2263  of certiorari as set forth in subsection (4).
 2264         (3) Pursuant to s. 11.40(2)(b), the Legislative Auditing
 2265  Committee may shall notify the department of those districts
 2266  that fail to file the required reports. If the procedures
 2267  described in subsection (1) have not yet been initiated, the
 2268  department shall initiate such procedures upon receiving the
 2269  notice from the Legislative Auditing Committee. Otherwise,
 2270  within 60 days after receiving such notice, or within 60 days
 2271  after the expiration of the 60-day deadline provided in
 2272  subsection (1), whichever occurs later, the department,
 2273  notwithstanding the provisions of chapter 120, shall file a
 2274  petition for enforcement writ of certiorari with the circuit
 2275  court. The petition may request declaratory, injunctive, any
 2276  other equitable relief, or any remedy provided by law. Venue for
 2277  all actions pursuant to this subsection is in Leon County. The
 2278  court shall award the prevailing party reasonable attorney
 2279  attorney’s fees and costs unless affirmatively waived by all
 2280  parties. A writ of certiorari shall be issued unless a
 2281  respondent establishes that the notification of the Legislative
 2282  Auditing Committee was issued as a result of material error.
 2283  Proceedings under this subsection are otherwise governed by the
 2284  Rules of Appellate Procedure.
 2285         (4) The department may enforce compliance with s. 112.63 by
 2286  filing a petition for enforcement with the circuit court in and
 2287  for Leon County. The petition may request declaratory,
 2288  injunctive, or other equitable relief, including the appointment
 2289  of a receiver, and any forfeiture or other remedy provided by
 2290  law. Pursuant to s. 112.63(4)(d)2., the Department of Management
 2291  Services may notify the department of those special districts
 2292  that have failed to file the required adjustments, additional
 2293  information, or report or statement after the procedures of
 2294  subsection (1) have been exhausted. Within 60 days after
 2295  receiving such notice or within 60 days after the 60-day
 2296  deadline provided in subsection (1), whichever occurs later, the
 2297  department, notwithstanding chapter 120, shall file a petition
 2298  for writ of certiorari with the circuit court. Venue for all
 2299  actions pursuant to this subsection is in Leon County. The court
 2300  shall award the prevailing party attorney’s fees and costs
 2301  unless affirmatively waived by all parties. A writ of certiorari
 2302  shall be issued unless a respondent establishes that the
 2303  notification of the Department of Management Services was issued
 2304  as a result of material error. Proceedings under this subsection
 2305  are otherwise governed by the Rules of Appellate Procedure.
 2306         Section 44. Section 189.4221, Florida Statutes, is
 2307  transferred and renumbered as section 189.053, Florida Statutes.
 2308         Section 45. Section 189.423, Florida Statutes, is
 2309  transferred and renumbered as section 189.054, Florida Statutes.
 2310         Section 46. Section 189.425, Florida Statutes, is
 2311  transferred and renumbered as section 189.017, Florida Statutes.
 2312         Section 47. Section 189.427, Florida Statutes, is
 2313  transferred and renumbered as section 189.018, Florida Statutes.
 2314         Section 48. Section 189.428, Florida Statutes, is
 2315  transferred and renumbered as section 189.068, Florida Statutes,
 2316  and amended to read:
 2317         189.068 189.428 Special districts; oversight review
 2318  process.—
 2319         (1) The Legislature finds it to be in the public interest
 2320  to establish an oversight review process for special districts
 2321  wherein each special district in the state may be reviewed by
 2322  the local general-purpose government in which the district
 2323  exists. The Legislature further finds and determines that such
 2324  law fulfills an important state interest. It is the intent of
 2325  the Legislature that the oversight review process shall
 2326  contribute to informed decisionmaking. These decisions may
 2327  involve the continuing existence or dissolution of a district,
 2328  the appropriate future role and focus of a district,
 2329  improvements in the functioning or delivery of services by a
 2330  district, and the need for any transition, adjustment, or
 2331  special implementation periods or provisions. Any final
 2332  recommendations from the oversight review process that are
 2333  adopted and implemented by the appropriate level of government
 2334  shall not be implemented in a manner that would impair the
 2335  obligation of contracts.
 2336         (2) It is the intent of the Legislature that any oversight
 2337  review process be conducted in conjunction with special district
 2338  public facilities reporting and the local government evaluation
 2339  and appraisal report process described in s. 189.415(2).
 2340         (3)The order in which Special districts may be subject to
 2341  oversight review shall be determined by the reviewer and shall
 2342  occur as follows:
 2343         (2)(a) All dependent special districts may be reviewed by
 2344  the general-purpose local government to which they are
 2345  dependent.
 2346         (b) All single-county independent special districts may be
 2347  reviewed by a county or municipality in which they are located
 2348  or the government that created the district. Any single-county
 2349  independent district that serves an area greater than the
 2350  boundaries of one general-purpose local government may only be
 2351  reviewed by the county on the county’s own initiative or upon
 2352  receipt of a request from any municipality served by the special
 2353  district.
 2354         (c) All multicounty independent special districts may be
 2355  reviewed by the government that created the district. Any
 2356  general-purpose local governments within the boundaries of a
 2357  multicounty district may prepare a preliminary review of a
 2358  multicounty special district for possible reference or inclusion
 2359  in the full review report.
 2360         (d) Upon request by the reviewer, any special district
 2361  within all or a portion of the same county as the special
 2362  district being reviewed may prepare a preliminary review of the
 2363  district for possible reference or inclusion in the full
 2364  oversight review report.
 2365         (3)(4) All special districts, governmental entities, and
 2366  state agencies shall cooperate with the Legislature and with any
 2367  general-purpose local government seeking information or
 2368  assistance with the oversight review process and with the
 2369  preparation of an oversight review report.
 2370         (4)(5) Those conducting the oversight review process shall,
 2371  at a minimum, consider the listed criteria for evaluating the
 2372  special district, but may also consider any additional factors
 2373  relating to the district and its performance. If any of the
 2374  listed criteria does not apply to the special district being
 2375  reviewed, it need not be considered. The criteria to be
 2376  considered by the reviewer include:
 2377         (a) The degree to which the service or services offered by
 2378  the special district are essential or contribute to the well
 2379  being of the community.
 2380         (b) The extent of continuing need for the service or
 2381  services currently provided by the special district.
 2382         (c) The extent of municipal annexation or incorporation
 2383  activity occurring or likely to occur within the boundaries of
 2384  the special district and its impact on the delivery of services
 2385  by the special district.
 2386         (d) Whether there is a less costly alternative method of
 2387  delivering the service or services that would adequately provide
 2388  the district residents with the services provided by the
 2389  district.
 2390         (e) Whether transfer of the responsibility for delivery of
 2391  the service or services to an entity other than the special
 2392  district being reviewed could be accomplished without
 2393  jeopardizing the district’s existing contracts, bonds, or
 2394  outstanding indebtedness.
 2395         (f) Whether the Auditor General has notified the
 2396  Legislative Auditing Committee that the special district’s audit
 2397  report, reviewed pursuant to s. 11.45(7), indicates that the
 2398  district has met any of the conditions specified in s.
 2399  218.503(1) or that a deteriorating financial condition exists
 2400  that may cause a condition described in s. 218.503(1) to occur
 2401  if actions are not taken to address such condition.
 2402         (g) Whether the district is inactive according to the
 2403  official list of special districts, and whether the district is
 2404  meeting and discharging its responsibilities as required by its
 2405  charter, as well as projected increases or decreases in district
 2406  activity.
 2407         (h) Whether the special district has failed to comply with
 2408  any of the reporting requirements in this chapter, including
 2409  preparation of the public facilities report.
 2410         (i) Whether the special district has designated a
 2411  registered office and agent as required by s. 189.014 189.416,
 2412  and has complied with all open public records and meeting
 2413  requirements.
 2414         (5)(6) Any special district may at any time provide the
 2415  Legislature and the general-purpose local government conducting
 2416  the review or making decisions based upon the final oversight
 2417  review report with written responses to any questions, concerns,
 2418  preliminary reports, draft reports, or final reports relating to
 2419  the district.
 2420         (7) The final report of a reviewing government shall be
 2421  filed with the government that created the district and shall
 2422  serve as the basis for any modification to the district charter
 2423  or dissolution or merger of the district.
 2424         (8) If legislative dissolution or merger of a district is
 2425  proposed in the final report, the reviewing government shall
 2426  also propose a plan for the merger or dissolution, and the plan
 2427  shall address the following factors in evaluating the proposed
 2428  merger or dissolution:
 2429         (a) Whether, in light of independent fiscal analysis,
 2430  level-of-service implications, and other public policy
 2431  considerations, the proposed merger or dissolution is the best
 2432  alternative for delivering services and facilities to the
 2433  affected area.
 2434         (b) Whether the services and facilities to be provided
 2435  pursuant to the merger or dissolution will be compatible with
 2436  the capacity and uses of existing local services and facilities.
 2437         (c) Whether the merger or dissolution is consistent with
 2438  applicable provisions of the state comprehensive plan, the
 2439  strategic regional policy plan, and the local government
 2440  comprehensive plans of the affected area.
 2441         (d) Whether the proposed merger adequately provides for the
 2442  assumption of all indebtedness.
 2443  
 2444  The reviewing government shall consider the report in a public
 2445  hearing held within the jurisdiction of the district. If adopted
 2446  by the governing board of the reviewing government, the request
 2447  for legislative merger or dissolution of the district may
 2448  proceed. The adopted plan shall be filed as an attachment to the
 2449  economic impact statement regarding the proposed special act or
 2450  general act of local application dissolving a district.
 2451         (6)(9) This section does not apply to a deepwater port
 2452  listed in s. 311.09(1) which is in compliance with a port master
 2453  plan adopted pursuant to s. 163.3178(2)(k), or to an airport
 2454  authority operating in compliance with an airport master plan
 2455  approved by the Federal Aviation Administration, or to any
 2456  special district organized to operate health systems and
 2457  facilities licensed under chapter 395, chapter 400, or chapter
 2458  429.
 2459         Section 49. Section 189.429, Florida Statutes, is
 2460  transferred and renumbered as section 189.019, Florida Statutes,
 2461  and subsection (1) of that section is amended, to read:
 2462         189.019 189.429 Codification.—
 2463         (1) Each district, by December 1, 2004, shall submit to the
 2464  Legislature a draft codified charter, at its expense, so that
 2465  its special acts may be codified into a single act for
 2466  reenactment by the Legislature, if there is more than one
 2467  special act for the district. The Legislature may adopt a
 2468  schedule for individual district codification. Any codified act
 2469  relating to a district, which act is submitted to the
 2470  Legislature for reenactment, shall provide for the repeal of all
 2471  prior special acts of the Legislature relating to the district.
 2472  The codified act shall be filed with the department pursuant to
 2473  s. 189.016(2) 189.418(2).
 2474         Section 50. Sections 189.430, 189.431, 189.432, 189.433,
 2475  189.434, 189.435, 189.436, 189.437, 189.438, 189.439, 189.440,
 2476  189.441, 189.442, 189.443, and 189.444, Florida Statutes, are
 2477  repealed.
 2478         Section 51. Section 189.034, Florida Statutes, is created
 2479  to read:
 2480         189.034 Oversight of special districts created by special
 2481  act of the Legislature.—
 2482         (1) This section applies to any special district created by
 2483  special act of the Legislature.
 2484         (2) If a special district fails to file required reports or
 2485  requested information with the appropriate state agency or
 2486  office pursuant to ss. 11.45(7), 218.32, 218.39, and 218.503(3),
 2487  the Legislative Auditing Committee or its designee shall provide
 2488  written notice of the district’s noncompliance to the Speaker of
 2489  the House of Representatives, the President of the Senate, the
 2490  standing committees of the Senate and the House of
 2491  Representatives charged with special district oversight as
 2492  determined by the presiding officers of each respective chamber,
 2493  and the legislators who represent a portion of the geographical
 2494  jurisdiction of the special district.
 2495         (3) The Legislative Auditing Committee may convene a public
 2496  hearing on the issue of noncompliance, as well as general
 2497  oversight of the district as provided in s. 189.068, at the
 2498  direction of the Speaker of the House of Representatives and the
 2499  President of the Senate.
 2500         (4) Before a public hearing as provided in subsection (3),
 2501  the special district shall provide the following information at
 2502  the request of the Legislative Auditing Committee:
 2503         (a) The district’s annual financial report for the previous
 2504  fiscal year.
 2505         (b) The district’s audit report for the previous fiscal
 2506  year.
 2507         (c) An annual report for the previous fiscal year providing
 2508  a detailed review of the performance of the special district,
 2509  including the following information:
 2510         1. The purpose of the special district.
 2511         2. The sources of funding for the special district.
 2512         3. A description of the major activities, programs, and
 2513  initiatives the special district undertook in the most recently
 2514  completed fiscal year and the benchmarks or criteria under which
 2515  the success or failure of the district was determined by its
 2516  governing body.
 2517         4. Any challenges or obstacles faced by the special
 2518  district in fulfilling its purpose and related responsibilities.
 2519         5. Ways the special district believes it could better
 2520  fulfill its purpose and related responsibilities and a
 2521  description of the actions that it intends to take during the
 2522  ensuing fiscal year.
 2523         6. Proposed changes to the special act that established the
 2524  special district and justification for such changes.
 2525         7. Any other information reasonably required to provide the
 2526  Legislative Auditing Committee with an accurate understanding of
 2527  the purpose for which the special district exists and how it is
 2528  fulfilling its responsibilities to accomplish that purpose.
 2529         8. Any reasons for the district’s noncompliance.
 2530         9. If the district is currently in compliance and plans to
 2531  correct any recurring issues of noncompliance.
 2532         10. Efforts to promote transparency, including maintenance
 2533  of the district’s website in accordance with s. 189.069.
 2534         Section 52. Section 189.035, Florida Statutes, is created
 2535  to read:
 2536         189.035 Oversight of special districts created by local
 2537  ordinance.—
 2538         (1) If a special district created by local ordinance fails
 2539  to file required reports or requested information under ss.
 2540  11.45(7), 218.32, 218.39, and 218.503(3), with the appropriate
 2541  state agency, the Legislative Auditing Committee or its designee
 2542  shall provide written notice of the district’s noncompliance to
 2543  the chair or equivalent of the local general-purpose government.
 2544         (2) The chair or equivalent of the local general-purpose
 2545  government may convene a public hearing on the issue of
 2546  noncompliance, as well as general oversight of the special
 2547  district as provided in s. 189.068, within 6 months after
 2548  receipt of notice of noncompliance from the Legislative Auditing
 2549  Committee.
 2550         (3) Before the public hearing regarding the special
 2551  district’s noncompliance, the local general-purpose government
 2552  may request the following information from the special district:
 2553         (a) The special district’s annual financial report for the
 2554  previous fiscal year.
 2555         (b) The special district’s audit report for the previous
 2556  fiscal year.
 2557         (c) An annual report for the previous fiscal year, which
 2558  must provide a detailed review of the performance of the special
 2559  district and include the following information:
 2560         1. The purpose of the special district.
 2561         2. The sources of funding for the special district.
 2562         3. A description of the major activities, programs, and
 2563  initiatives the special district undertook in the most recently
 2564  completed fiscal year and the benchmarks or criteria under which
 2565  the success or failure of the special district was determined by
 2566  its governing body.
 2567         4. Any challenges or obstacles faced by the special
 2568  district in fulfilling its purpose and related responsibilities.
 2569         5. Ways the special district believes it could better
 2570  fulfill its purpose and related responsibilities and a
 2571  description of the actions that it intends to take during the
 2572  ensuing fiscal year.
 2573         6. Proposed changes to the ordinance that established the
 2574  special district and justification for such changes.
 2575         7. Any other information reasonably required to provide the
 2576  reviewing entity with an accurate understanding of the purpose
 2577  for which the special district exists and how it is fulfilling
 2578  its responsibilities to accomplish that purpose.
 2579         8. Any reasons for the special district’s noncompliance.
 2580         9. Whether the special district is currently in compliance.
 2581         10. Plans to correct any recurring issues of noncompliance.
 2582         11. Efforts to promote transparency, including maintenance
 2583  of the special district’s website in accordance with s. 189.069.
 2584         (4) The local general-purpose government shall report the
 2585  findings of any public hearing conducted under this section to
 2586  the department and the Legislative Auditing Committee within 6
 2587  months after the completion of such hearing.
 2588         Section 53. Section 189.055, Florida Statutes, is created
 2589  to read:
 2590         189.055 Treatment of special districts.—For the purpose of
 2591  s. 196.199(1), special districts shall be treated as
 2592  municipalities.
 2593         Section 54. Section 189.069, Florida Statutes, is created
 2594  to read:
 2595         189.069 Special districts; required reporting of
 2596  information; web-based public access.—
 2597         (1) By October 1, 2015, or by the end of the first full
 2598  fiscal year after its creation, each special district shall
 2599  establish and maintain an official Internet website containing
 2600  the information required by this section in accordance with s.
 2601  189.016. Special districts shall submit their official Internet
 2602  website addresses to the department.
 2603         (a) Independent special districts shall maintain a separate
 2604  Internet website.
 2605         (b) Dependent special districts shall be prominently
 2606  displayed on the homepage of the Internet website of the
 2607  general-purpose government that created the special district
 2608  with a hyperlink to such webpages as are necessary to provide
 2609  the information required by this section. Dependent special
 2610  districts may maintain a separate Internet website providing the
 2611  information required by this section.
 2612         (2) A special district shall post the following
 2613  information, at a minimum, on the district’s official website:
 2614         (a) The full legal name of the special district.
 2615         (b) The public purpose of the special district.
 2616         (c) The name, address, e-mail address, and, if applicable,
 2617  the term and appointing authority for each member of the
 2618  governing body of the special district.
 2619         (d) The fiscal year of the special district.
 2620         (e) The full text of the special district’s charter, the
 2621  date the special district was established, the entity that
 2622  established the special district, and the statute or statutes
 2623  under which the special district operates, if different from the
 2624  statute or statutes under which the special district was
 2625  established. Community development districts may reference
 2626  chapter 190, as the uniform charter, but must include
 2627  information relating to any grant of special powers.
 2628         (f) The mailing address, e-mail address, telephone number,
 2629  and Internet website uniform resource locator of the special
 2630  district.
 2631         (g) A description of the boundaries or service area of, and
 2632  the services provided by, the special district.
 2633         (h) A listing of all taxes, fees, assessments, or charges
 2634  imposed and collected by the special district, including the
 2635  rates or amounts charged for the fiscal year and the statutory
 2636  authority for the levy of the tax, fee, or charge.
 2637         (i) The primary contact information for the special
 2638  district for purposes of communication from the department.
 2639         (j)Any code of ethics that specifically applies to the
 2640  special district.
 2641         (k) The budget of each special district, in addition to
 2642  amendments in accordance with s. 189.418.
 2643         (l)The final, complete audit report for the most recent
 2644  completed fiscal year, and audit reports required by law or
 2645  authorized by the governing body of the special district.
 2646         (3) The department’s Internet website list of special
 2647  districts in the state required under s. 189.061 must include a
 2648  link to the website of each special district that provides web
 2649  based access to the public for all information and documentation
 2650  required for submission to the department under subsection (1).
 2651         Section 55. Subsection (5) of section 200.065, Florida
 2652  Statutes, is amended to read:
 2653         200.065 Method of fixing millage.—
 2654         (5) In each fiscal year:
 2655         (a) The maximum millage rate that a county, municipality,
 2656  special district dependent to a county or municipality,
 2657  municipal service taxing unit, or independent special district
 2658  may levy is a rolled-back rate based on the amount of taxes
 2659  which would have been levied in the prior year if the maximum
 2660  millage rate had been applied, adjusted for change in per capita
 2661  Florida personal income, unless a higher rate was adopted, in
 2662  which case the maximum is the adopted rate. The maximum millage
 2663  rate applicable to a county authorized to levy a county public
 2664  hospital surtax under s. 212.055 and which did so in fiscal year
 2665  2007 shall exclude the revenues required to be contributed to
 2666  the county public general hospital in the current fiscal year
 2667  for the purposes of making the maximum millage rate calculation,
 2668  but shall be added back to the maximum millage rate allowed
 2669  after the roll back has been applied, the total of which shall
 2670  be considered the maximum millage rate for such a county for
 2671  purposes of this subsection. The revenue required to be
 2672  contributed to the county public general hospital for the
 2673  upcoming fiscal year shall be calculated as 11.873 percent times
 2674  the millage rate levied for countywide purposes in fiscal year
 2675  2007 times 95 percent of the preliminary tax roll for the
 2676  upcoming fiscal year. A higher rate may be adopted only under
 2677  the following conditions:
 2678         1. A rate of not more than 110 percent of the rolled-back
 2679  rate based on the previous year’s maximum millage rate, adjusted
 2680  for change in per capita Florida personal income, may be adopted
 2681  if approved by a two-thirds vote of the membership of the
 2682  governing body of the county, municipality, or independent
 2683  district; or
 2684         2. A rate in excess of 110 percent may be adopted if
 2685  approved by a unanimous vote of the membership of the governing
 2686  body of the county, municipality, or independent district or by
 2687  a three-fourths vote of the membership of the governing body if
 2688  the governing body has nine or more members, or if the rate is
 2689  approved by a referendum.
 2690         (b) The millage rate of a county or municipality, municipal
 2691  service taxing unit of that county, and any special district
 2692  dependent to that county or municipality may exceed the maximum
 2693  millage rate calculated pursuant to this subsection if the total
 2694  county ad valorem taxes levied or total municipal ad valorem
 2695  taxes levied do not exceed the maximum total county ad valorem
 2696  taxes levied or maximum total municipal ad valorem taxes levied
 2697  respectively. Voted millage and taxes levied by a municipality
 2698  or independent special district that has levied ad valorem taxes
 2699  for less than 5 years are not subject to this limitation. The
 2700  millage rate of a county authorized to levy a county public
 2701  hospital surtax under s. 212.055 may exceed the maximum millage
 2702  rate calculated pursuant to this subsection to the extent
 2703  necessary to account for the revenues required to be contributed
 2704  to the county public hospital. Total taxes levied may exceed the
 2705  maximum calculated pursuant to subsection (6) as a result of an
 2706  increase in taxable value above that certified in subsection (1)
 2707  if such increase is less than the percentage amounts contained
 2708  in subsection (6) or if the administrative adjustment cannot be
 2709  made because the value adjustment board is still in session at
 2710  the time the tax roll is extended; otherwise, millage rates
 2711  subject to this subsection, s. 200.185, or s. 200.186 may be
 2712  reduced so that total taxes levied do not exceed the maximum.
 2713  
 2714  Any unit of government operating under a home rule charter
 2715  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
 2716  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
 2717  State Constitution of 1968, which is granted the authority in
 2718  the State Constitution to exercise all the powers conferred now
 2719  or hereafter by general law upon municipalities and which
 2720  exercises such powers in the unincorporated area shall be
 2721  recognized as a municipality under this subsection. For a
 2722  downtown development authority established before the effective
 2723  date of the 1968 State Constitution which has a millage that
 2724  must be approved by a municipality, the governing body of that
 2725  municipality shall be considered the governing body of the
 2726  downtown development authority for purposes of this subsection.
 2727  Any such downtown development authority is an independent
 2728  special taxing district, and the governing body of the
 2729  municipality is authorized to levy an additional ad valorem tax
 2730  on all real and personal property in the downtown district for
 2731  the purpose of financing the operation of the authority. The
 2732  levy of the ad valorem tax shall be in addition to regular ad
 2733  valorem taxes and special assessments for improvements imposed
 2734  by the governing body of the municipality; however, the combined
 2735  levy may not exceed the maximum provided by the State
 2736  Constitution.
 2737         Section 56. Paragraph (e) of subsection (1) and paragraph
 2738  (c) of subsection (7) of section 11.45, Florida Statutes, are
 2739  amended to read:
 2740         11.45 Definitions; duties; authorities; reports; rules.—
 2741         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
 2742         (e) “Local governmental entity” means a county agency,
 2743  municipality, or special district as defined in s. 189.012
 2744  189.403, but does not include any housing authority established
 2745  under chapter 421.
 2746         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2747         (c) The Auditor General shall provide annually a list of
 2748  those special districts which are not in compliance with s.
 2749  218.39 to the Special District Accountability Information
 2750  Program of the Department of Economic Opportunity.
 2751         Section 57. Paragraph (c) of subsection (4) of section
 2752  100.011, Florida Statutes, is amended to read:
 2753         100.011 Opening and closing of polls, all elections;
 2754  expenses.—
 2755         (4)
 2756         (c) The provisions of any special law to the contrary
 2757  notwithstanding, all independent and dependent special district
 2758  elections, with the exception of community development district
 2759  elections, shall be conducted in accordance with the
 2760  requirements of ss. 189.04 and 189.041 189.405 and 189.4051.
 2761         Section 58. Paragraph (f) of subsection (1) of section
 2762  101.657, Florida Statutes, is amended to read:
 2763         101.657 Early voting.—
 2764         (1)
 2765         (f) Notwithstanding the requirements of s. 189.04 189.405,
 2766  special districts may provide early voting in any district
 2767  election not held in conjunction with county or state elections.
 2768  If a special district provides early voting, it may designate as
 2769  many sites as necessary and shall conduct its activities in
 2770  accordance with the provisions of paragraphs (a)-(c). The
 2771  supervisor is not required to conduct early voting if it is
 2772  provided pursuant to this subsection.
 2773         Section 59. Paragraph (a) of subsection (14) of section
 2774  112.061, Florida Statutes, is amended to read:
 2775         112.061 Per diem and travel expenses of public officers,
 2776  employees, and authorized persons.—
 2777         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
 2778  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
 2779  ORGANIZATIONS.—
 2780         (a) The following entities may establish rates that vary
 2781  from the per diem rate provided in paragraph (6)(a), the
 2782  subsistence rates provided in paragraph (6)(b), or the mileage
 2783  rate provided in paragraph (7)(d) if those rates are not less
 2784  than the statutorily established rates that are in effect for
 2785  the 2005-2006 fiscal year:
 2786         1. The governing body of a county by the enactment of an
 2787  ordinance or resolution;
 2788         2. A county constitutional officer, pursuant to s. 1(d),
 2789  Art. VIII of the State Constitution, by the establishment of
 2790  written policy;
 2791         3. The governing body of a district school board by the
 2792  adoption of rules;
 2793         4. The governing body of a special district, as defined in
 2794  s. 189.012 189.403(1), except those special districts that are
 2795  subject to s. 166.021(9), by the enactment of a resolution; or
 2796         5. Any metropolitan planning organization created pursuant
 2797  to s. 339.175 or any other separate legal or administrative
 2798  entity created pursuant to s. 339.175 of which a metropolitan
 2799  planning organization is a member, by the enactment of a
 2800  resolution.
 2801         Section 60. Paragraph (d) of subsection (4) of section
 2802  112.63, Florida Statutes, is amended to read:
 2803         112.63 Actuarial reports and statements of actuarial
 2804  impact; review.—
 2805         (4) Upon receipt, pursuant to subsection (2), of an
 2806  actuarial report, or, pursuant to subsection (3), of a statement
 2807  of actuarial impact, the Department of Management Services shall
 2808  acknowledge such receipt, but shall only review and comment on
 2809  each retirement system’s or plan’s actuarial valuations at least
 2810  on a triennial basis.
 2811         (d) In the case of an affected special district, the
 2812  Department of Management Services shall also notify the
 2813  Department of Economic Opportunity. Upon receipt of
 2814  notification, the Department of Economic Opportunity shall
 2815  proceed pursuant to s. 189.067 189.421.
 2816         1. Failure of a special district to provide a required
 2817  report or statement, to make appropriate adjustments, or to
 2818  provide additional material information after the procedures
 2819  specified in s. 189.067(1) 189.421(1) are exhausted shall be
 2820  deemed final action by the special district.
 2821         2. The Department of Management Services may notify the
 2822  Department of Economic Opportunity of those special districts
 2823  that failed to come into compliance. Upon receipt of
 2824  notification, the Department of Economic Opportunity shall
 2825  proceed pursuant to s. 189.067 189.421(4).
 2826         Section 61. Subsection (1) of section 112.665, Florida
 2827  Statutes, is amended to read:
 2828         112.665 Duties of Department of Management Services.—
 2829         (1) The Department of Management Services shall:
 2830         (a) Gather, catalog, and maintain complete, computerized
 2831  data information on all public employee retirement systems or
 2832  plans in the state based upon a review of audits, reports, and
 2833  other data pertaining to the systems or plans;
 2834         (b) Receive and comment upon all actuarial reviews of
 2835  retirement systems or plans maintained by units of local
 2836  government;
 2837         (c) Cooperate with local retirement systems or plans on
 2838  matters of mutual concern and provide technical assistance to
 2839  units of local government in the assessment and revision of
 2840  retirement systems or plans;
 2841         (d) Annually issue, by January 1, a report to the President
 2842  of the Senate and the Speaker of the House of Representatives,
 2843  which details division activities, findings, and recommendations
 2844  concerning all governmental retirement systems. The report may
 2845  include legislation proposed to carry out such recommendations;
 2846         (e) Provide a fact sheet for each participating local
 2847  government defined benefit pension plan which summarizes the
 2848  plan’s actuarial status. The fact sheet should provide a summary
 2849  of the plan’s most current actuarial data, minimum funding
 2850  requirements as a percentage of pay, and a 5-year history of
 2851  funded ratios. The fact sheet must include a brief explanation
 2852  of each element in order to maximize the transparency of the
 2853  local government plans. The fact sheet must also contain the
 2854  information specified in s. 112.664(1). These documents shall be
 2855  posted on the department’s website. Plan sponsors that have
 2856  websites must provide a link to the department’s website;
 2857         (f) Annually issue, by January 1, a report to the Special
 2858  District Accountability Information Program of the Department of
 2859  Economic Opportunity which includes the participation in and
 2860  compliance of special districts with the local government
 2861  retirement system provisions in s. 112.63 and the state
 2862  administered retirement system provisions specified in part I of
 2863  chapter 121; and
 2864         (g) Adopt reasonable rules to administer this part.
 2865         Section 62. Subsection (9) of section 121.021, Florida
 2866  Statutes, is amended to read:
 2867         121.021 Definitions.—The following words and phrases as
 2868  used in this chapter have the respective meanings set forth
 2869  unless a different meaning is plainly required by the context:
 2870         (9) “Special district” means an independent special
 2871  district as defined in s. 189.012 189.403(3).
 2872         Section 63. Paragraph (b) of subsection (2) of section
 2873  121.051, Florida Statutes, is amended to read:
 2874         121.051 Participation in the system.—
 2875         (2) OPTIONAL PARTICIPATION.—
 2876         (b)1. The governing body of any municipality, metropolitan
 2877  planning organization, or special district in the state may
 2878  elect to participate in the Florida Retirement System upon
 2879  proper application to the administrator and may cover all of its
 2880  units as approved by the Secretary of Health and Human Services
 2881  and the administrator. The department shall adopt rules
 2882  establishing procedures for the submission of documents
 2883  necessary for such application. Before being approved for
 2884  participation in the system, the governing body of a
 2885  municipality, metropolitan planning organization, or special
 2886  district that has a local retirement system must submit to the
 2887  administrator a certified financial statement showing the
 2888  condition of the local retirement system within 3 months before
 2889  the proposed effective date of membership in the Florida
 2890  Retirement System. The statement must be certified by a
 2891  recognized accounting firm that is independent of the local
 2892  retirement system. All required documents necessary for
 2893  extending Florida Retirement System coverage must be received by
 2894  the department for consideration at least 15 days before the
 2895  proposed effective date of coverage. If the municipality,
 2896  metropolitan planning organization, or special district does not
 2897  comply with this requirement, the department may require that
 2898  the effective date of coverage be changed.
 2899         2. A municipality, metropolitan planning organization, or
 2900  special district that has an existing retirement system covering
 2901  the employees in the units that are to be brought under the
 2902  Florida Retirement System may participate only after holding a
 2903  referendum in which all employees in the affected units have the
 2904  right to participate. Only those employees electing coverage
 2905  under the Florida Retirement System by affirmative vote in the
 2906  referendum are eligible for coverage under this chapter, and
 2907  those not participating or electing not to be covered by the
 2908  Florida Retirement System shall remain in their present systems
 2909  and are not eligible for coverage under this chapter. After the
 2910  referendum is held, all future employees are compulsory members
 2911  of the Florida Retirement System.
 2912         3. At the time of joining the Florida Retirement System,
 2913  the governing body of a municipality, metropolitan planning
 2914  organization, or special district complying with subparagraph 1.
 2915  may elect to provide, or not provide, benefits based on past
 2916  service of officers and employees as described in s. 121.081(1).
 2917  However, if such employer elects to provide past service
 2918  benefits, such benefits must be provided for all officers and
 2919  employees of its covered group.
 2920         4. Once this election is made and approved it may not be
 2921  revoked, except pursuant to subparagraphs 5. and 6., and all
 2922  present officers and employees electing coverage and all future
 2923  officers and employees are compulsory members of the Florida
 2924  Retirement System.
 2925         5. Subject to subparagraph 6., the governing body of a
 2926  hospital licensed under chapter 395 which is governed by the
 2927  governing body board of a special district as defined in s.
 2928  189.012 189.403 or by the board of trustees of a public health
 2929  trust created under s. 154.07, hereinafter referred to as
 2930  “hospital district,” and which participates in the Florida
 2931  Retirement System, may elect to cease participation in the
 2932  system with regard to future employees in accordance with the
 2933  following:
 2934         a. No more than 30 days and at least 7 days before adopting
 2935  a resolution to partially withdraw from the system and establish
 2936  an alternative retirement plan for future employees, a public
 2937  hearing must be held on the proposed withdrawal and proposed
 2938  alternative plan.
 2939         b. From 7 to 15 days before such hearing, notice of intent
 2940  to withdraw, specifying the time and place of the hearing, must
 2941  be provided in writing to employees of the hospital district
 2942  proposing partial withdrawal and must be published in a
 2943  newspaper of general circulation in the area affected, as
 2944  provided by ss. 50.011-50.031. Proof of publication must be
 2945  submitted to the Department of Management Services.
 2946         c. The governing body of a hospital district seeking to
 2947  partially withdraw from the system must, before such hearing,
 2948  have an actuarial report prepared and certified by an enrolled
 2949  actuary, as defined in s. 112.625, illustrating the cost to the
 2950  hospital district of providing, through the retirement plan that
 2951  the hospital district is to adopt, benefits for new employees
 2952  comparable to those provided under the system.
 2953         d. Upon meeting all applicable requirements of this
 2954  subparagraph, and subject to subparagraph 6., partial withdrawal
 2955  from the system and adoption of the alternative retirement plan
 2956  may be accomplished by resolution duly adopted by the hospital
 2957  district board. The hospital district board must provide written
 2958  notice of such withdrawal to the division by mailing a copy of
 2959  the resolution to the division, postmarked by December 15, 1995.
 2960  The withdrawal shall take effect January 1, 1996.
 2961         6. Following the adoption of a resolution under sub
 2962  subparagraph 5.d., all employees of the withdrawing hospital
 2963  district who were members of the system before January 1, 1996,
 2964  shall remain as members of the system for as long as they are
 2965  employees of the hospital district, and all rights, duties, and
 2966  obligations between the hospital district, the system, and the
 2967  employees remain in full force and effect. Any employee who is
 2968  hired or appointed on or after January 1, 1996, may not
 2969  participate in the system, and the withdrawing hospital district
 2970  has no obligation to the system with respect to such employees.
 2971         Section 64. Subsection (1) of section 153.94, Florida
 2972  Statutes, is amended to read:
 2973         153.94 Applicability of other laws.—Except as expressly
 2974  provided in this act:
 2975         (1) With respect to any wastewater facility privatization
 2976  contract entered into under this act, a public entity is subject
 2977  to s. 125.3401, s. 180.301, s. 189.054 189.423, or s. 190.0125
 2978  but is not subject to the requirements of chapter 287.
 2979         Section 65. Paragraph (a) of subsection (2) of section
 2980  163.08, Florida Statutes, is amended to read:
 2981         163.08 Supplemental authority for improvements to real
 2982  property.—
 2983         (2) As used in this section, the term:
 2984         (a) “Local government” means a county, a municipality, a
 2985  dependent special district as defined in s. 189.012 189.403, or
 2986  a separate legal entity created pursuant to s. 163.01(7).
 2987         Section 66. Subsection (7) of section 165.031, Florida
 2988  Statutes, is amended to read:
 2989         165.031 Definitions.—The following terms and phrases, when
 2990  used in this chapter, shall have the meanings ascribed to them
 2991  in this section, except where the context clearly indicates a
 2992  different meaning:
 2993         (7) “Special district” means a local unit of special
 2994  government, as defined in s. 189.012 189.403(1). This term
 2995  includes dependent special districts, as defined in s. 189.012
 2996  189.403(2), and independent special districts, as defined in s.
 2997  189.012 189.403(3). All provisions of s. 200.001(8)(d) and (e)
 2998  shall be considered provisions of this chapter.
 2999         Section 67. Paragraph (b) of subsection (1) and subsections
 3000  (8) and (16) of section 165.0615, Florida Statutes, are amended
 3001  to read:
 3002         165.0615 Municipal conversion of independent special
 3003  districts upon elector-initiated and approved referendum.—
 3004         (1) The qualified electors of an independent special
 3005  district may commence a municipal conversion proceeding by
 3006  filing a petition with the governing body of the independent
 3007  special district proposed to be converted if the district meets
 3008  all of the following criteria:
 3009         (b) It is designated as an improvement district and created
 3010  pursuant to chapter 298 or is designated as a stewardship
 3011  district and created pursuant to s. 189.031 189.404.
 3012         (8) Notice of the final public hearing on the proposed
 3013  elector-initiated combined municipal incorporation plan must be
 3014  published pursuant to the notice requirements in s. 189.015
 3015  189.417 and must provide a descriptive summary of the elector
 3016  initiated municipal incorporation plan and a reference to the
 3017  public places within the independent special district where a
 3018  copy of the plan may be examined.
 3019         (16) If the incorporation plan is approved by a majority of
 3020  the votes cast in the independent special district, the district
 3021  shall notify the special district accountability information
 3022  program pursuant to s. 189.016(2) 189.418(2) and the local
 3023  general-purpose governments in which any part of the independent
 3024  special district is situated pursuant to s. 189.016(7)
 3025  189.418(7).
 3026         Section 68. Subsection (3) of section 171.202, Florida
 3027  Statutes, is amended to read:
 3028         171.202 Definitions.—As used in this part, the term:
 3029         (3) “Independent special district” means an independent
 3030  special district, as defined in s. 189.012 189.403, which
 3031  provides fire, emergency medical, water, wastewater, or
 3032  stormwater services.
 3033         Section 69. Subsection (16) of section 175.032, Florida
 3034  Statutes, is amended to read:
 3035         175.032 Definitions.—For any municipality, special fire
 3036  control district, chapter plan, local law municipality, local
 3037  law special fire control district, or local law plan under this
 3038  chapter, the following words and phrases have the following
 3039  meanings:
 3040         (16) “Special fire control district” means a special
 3041  district, as defined in s. 189.012 189.403(1), established for
 3042  the purposes of extinguishing fires, protecting life, and
 3043  protecting property within the incorporated or unincorporated
 3044  portions of any county or combination of counties, or within any
 3045  combination of incorporated and unincorporated portions of any
 3046  county or combination of counties. The term does not include any
 3047  dependent or independent special district, as defined in s.
 3048  189.012 189.403(2) and (3), respectively, the employees of which
 3049  are members of the Florida Retirement System pursuant to s.
 3050  121.051(1) or (2).
 3051         Section 70. Section 190.011, Florida Statutes, is amended
 3052  to read:
 3053         190.011 General powers.—The district shall have, and the
 3054  governing body board may exercise, the following powers:
 3055         (1) To sue and be sued in the name of the district; to
 3056  adopt and use a seal and authorize the use of a facsimile
 3057  thereof; to acquire, by purchase, gift, devise, or otherwise,
 3058  and to dispose of, real and personal property, or any estate
 3059  therein; and to make and execute contracts and other instruments
 3060  necessary or convenient to the exercise of its powers.
 3061         (2) To apply for coverage of its employees under the state
 3062  retirement system in the same manner as if such employees were
 3063  state employees, subject to necessary action by the district to
 3064  pay employer contributions into the state retirement fund.
 3065         (3) To contract for the services of consultants to perform
 3066  planning, engineering, legal, or other appropriate services of a
 3067  professional nature. Such contracts shall be subject to public
 3068  bidding or competitive negotiation requirements as set forth in
 3069  s. 190.033.
 3070         (4) To borrow money and accept gifts; to apply for and use
 3071  grants or loans of money or other property from the United
 3072  States, the state, a unit of local government, or any person for
 3073  any district purposes and enter into agreements required in
 3074  connection therewith; and to hold, use, and dispose of such
 3075  moneys or property for any district purposes in accordance with
 3076  the terms of the gift, grant, loan, or agreement relating
 3077  thereto.
 3078         (5) To adopt rules and orders pursuant to the provisions of
 3079  chapter 120 prescribing the powers, duties, and functions of the
 3080  officers of the district; the conduct of the business of the
 3081  district; the maintenance of records; and the form of
 3082  certificates evidencing tax liens and all other documents and
 3083  records of the district. The board may also adopt administrative
 3084  rules with respect to any of the projects of the district and
 3085  define the area to be included therein. The board may also adopt
 3086  resolutions which may be necessary for the conduct of district
 3087  business.
 3088         (6) To maintain an office at such place or places as it may
 3089  designate within a county in which the district is located or
 3090  within the boundaries of a development of regional impact or a
 3091  Florida Quality Development, or a combination of a development
 3092  of regional impact and a Florida Quality Development, which
 3093  includes the district, which office must be reasonably
 3094  accessible to the landowners. Meetings pursuant to s. 189.015(3)
 3095  189.417(3) of a district within the boundaries of a development
 3096  of regional impact or Florida Quality Development, or a
 3097  combination of a development of regional impact and a Florida
 3098  Quality Development, may be held at such office.
 3099         (7)(a) To hold, control, and acquire by donation, purchase,
 3100  or condemnation, or dispose of, any public easements,
 3101  dedications to public use, platted reservations for public
 3102  purposes, or any reservations for those purposes authorized by
 3103  this act and to make use of such easements, dedications, or
 3104  reservations for any of the purposes authorized by this act.
 3105         (b) When real property in the district is owned by a
 3106  governmental entity and subject to a ground lease as described
 3107  in s. 190.003(14), to collect ground rent from landowners
 3108  pursuant to a contract with such governmental entity and to
 3109  contract with the county tax collector for collection of such
 3110  ground rent using the procedures authorized in s. 197.3631,
 3111  other than the procedures contained in s. 197.3632.
 3112         (8) To lease as lessor or lessee to or from any person,
 3113  firm, corporation, association, or body, public or private, any
 3114  projects of the type that the district is authorized to
 3115  undertake and facilities or property of any nature for the use
 3116  of the district to carry out any of the purposes authorized by
 3117  this act.
 3118         (9) To borrow money and issue bonds, certificates,
 3119  warrants, notes, or other evidence of indebtedness as
 3120  hereinafter provided; to levy such tax and special assessments
 3121  as may be authorized; and to charge, collect, and enforce fees
 3122  and other user charges.
 3123         (10) To raise, by user charges or fees authorized by
 3124  resolution of the board, amounts of money which are necessary
 3125  for the conduct of the district activities and services and to
 3126  enforce their receipt and collection in the manner prescribed by
 3127  resolution not inconsistent with law.
 3128         (11) To exercise within the district, or beyond the
 3129  district with prior approval by resolution of the governing body
 3130  of the county if the taking will occur in an unincorporated area
 3131  or with prior approval by resolution of the governing body of
 3132  the municipality if the taking will occur within a municipality,
 3133  the right and power of eminent domain, pursuant to the
 3134  provisions of chapters 73 and 74, over any property within the
 3135  state, except municipal, county, state, and federal property,
 3136  for the uses and purposes of the district relating solely to
 3137  water, sewer, district roads, and water management, specifically
 3138  including, without limitation, the power for the taking of
 3139  easements for the drainage of the land of one person over and
 3140  through the land of another.
 3141         (12) To cooperate with, or contract with, other
 3142  governmental agencies as may be necessary, convenient,
 3143  incidental, or proper in connection with any of the powers,
 3144  duties, or purposes authorized by this act.
 3145         (13) To assess and impose upon lands in the district ad
 3146  valorem taxes as provided by this act.
 3147         (14) To determine, order, levy, impose, collect, and
 3148  enforce special assessments pursuant to this act and chapter
 3149  170. Such special assessments may, in the discretion of the
 3150  district, be collected and enforced pursuant to the provisions
 3151  of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter
 3152  173.
 3153         (15) To exercise all of the powers necessary, convenient,
 3154  incidental, or proper in connection with any of the powers,
 3155  duties, or purposes authorized by this act.
 3156         (16) To exercise such special powers as may be authorized
 3157  by this act.
 3158         Section 71. Subsection (8) of section 190.046, Florida
 3159  Statutes, is amended to read:
 3160         190.046 Termination, contraction, or expansion of
 3161  district.—
 3162         (8) In the event the district has become inactive pursuant
 3163  to s. 189.062 189.4044, the respective board of county
 3164  commissioners or city commission shall be informed and it shall
 3165  take appropriate action.
 3166         Section 72. Section 190.049, Florida Statutes, is amended
 3167  to read:
 3168         190.049 Special acts prohibited.—Pursuant to s. 11(a)(21),
 3169  Art. III of the State Constitution, there shall be no special
 3170  law or general law of local application creating an independent
 3171  special district which has the powers enumerated in two or more
 3172  of the paragraphs contained in s. 190.012, unless such district
 3173  is created pursuant to the provisions of s. 189.031 189.404.
 3174         Section 73. Subsection (5) of section 191.003, Florida
 3175  Statutes, is amended to read:
 3176         191.003 Definitions.—As used in this act:
 3177         (5) “Independent special fire control district” means an
 3178  independent special district as defined in s. 189.012 189.403,
 3179  created by special law or general law of local application,
 3180  providing fire suppression and related activities within the
 3181  jurisdictional boundaries of the district. The term does not
 3182  include a municipality, a county, a dependent special district
 3183  as defined in s. 189.012 189.403, a district providing primarily
 3184  emergency medical services, a community development district
 3185  established under chapter 190, or any other multiple-power
 3186  district performing fire suppression and related services in
 3187  addition to other services.
 3188         Section 74. Paragraph (a) of subsection (1) and subsection
 3189  (8) of section 191.005, Florida Statutes, are amended to read:
 3190         191.005 District boards of commissioners; membership,
 3191  officers, meetings.—
 3192         (1)(a) With the exception of districts whose governing
 3193  boards are appointed collectively by the Governor, the county
 3194  commission, and any cooperating city within the county, the
 3195  business affairs of each district shall be conducted and
 3196  administered by a five-member board. All three-member boards
 3197  existing on the effective date of this act shall be converted to
 3198  five-member boards, except those permitted to continue as a
 3199  three-member board by special act adopted in 1997 or thereafter.
 3200  The board shall be elected in nonpartisan elections by the
 3201  electors of the district. Except as provided in this act, such
 3202  elections shall be held at the time and in the manner prescribed
 3203  by law for holding general elections in accordance with s.
 3204  189.04(2)(a) 189.405(2)(a) and (3), and each member shall be
 3205  elected for a term of 4 years and serve until the member’s
 3206  successor assumes office. Candidates for the board of a district
 3207  shall qualify as directed by chapter 99.
 3208         (8) All meetings of the board shall be open to the public
 3209  consistent with chapter 286, s. 189.015 189.417, and other
 3210  applicable general laws.
 3211         Section 75. Subsection (2) of section 191.013, Florida
 3212  Statutes, is amended to read:
 3213         191.013 Intergovernmental coordination.—
 3214         (2) Each independent special fire control district shall
 3215  adopt a 5-year plan to identify the facilities, equipment,
 3216  personnel, and revenue needed by the district during that 5-year
 3217  period. The plan shall be updated in accordance with s. 189.08
 3218  189.415 and shall satisfy the requirement for a public
 3219  facilities report required by s. 189.08(2) 189.415(2).
 3220         Section 76. Subsection (1) of section 191.014, Florida
 3221  Statutes, is amended to read:
 3222         191.014 District creation and expansion.—
 3223         (1) New districts may be created only by the Legislature
 3224  under s. 189.031 189.404.
 3225         Section 77. Section 191.015, Florida Statutes, is amended
 3226  to read:
 3227         191.015 Codification.—Each fire control district existing
 3228  on the effective date of this section, by December 1, 2004,
 3229  shall submit to the Legislature a draft codified charter, at its
 3230  expense, so that its special acts may be codified into a single
 3231  act for reenactment by the Legislature, if there is more than
 3232  one special act for the district. The Legislature may adopt a
 3233  schedule for individual district codification. Any codified act
 3234  relating to a district, which act is submitted to the
 3235  Legislature for reenactment, shall provide for the repeal of all
 3236  prior special acts of the Legislature relating to the district.
 3237  The codified act shall be filed with the Department of Economic
 3238  Opportunity pursuant to s. 189.016(2) 189.418(2).
 3239         Section 78. Paragraphs (c), (d), and (e) of subsection (8)
 3240  of section 200.001, Florida Statutes, are amended to read:
 3241         200.001 Millages; definitions and general provisions.—
 3242         (8)
 3243         (c) “Special district” means a special district as defined
 3244  in s. 189.012 189.403(1).
 3245         (d) “Dependent special district” means a dependent special
 3246  district as defined in s. 189.012 189.403(2). Dependent special
 3247  district millage, when added to the millage of the governing
 3248  body to which it is dependent, shall not exceed the maximum
 3249  millage applicable to such governing body.
 3250         (e) “Independent special district” means an independent
 3251  special district as defined in s. 189.012 189.403(3), with the
 3252  exception of a downtown development authority established before
 3253  prior to the effective date of the 1968 State Constitution as an
 3254  independent body, either appointed or elected, regardless of
 3255  whether or not the budget is approved by the local governing
 3256  body, if the district levies a millage authorized as of the
 3257  effective date of the 1968 State Constitution. Independent
 3258  special district millage shall not be levied in excess of a
 3259  millage amount authorized by general law and approved by vote of
 3260  the electors pursuant to s. 9(b), Art. VII of the State
 3261  Constitution, except for those independent special districts
 3262  levying millage for water management purposes as provided in
 3263  that section and municipal service taxing units as specified in
 3264  s. 125.01(1)(q) and (r). However, independent special district
 3265  millage authorized as of the date the 1968 State Constitution
 3266  became effective need not be so approved, pursuant to s. 2, Art.
 3267  XII of the State Constitution.
 3268         Section 79. Subsections (1), (5), (6), and (7) of section
 3269  218.31, Florida Statutes, are amended to read:
 3270         218.31 Definitions.—As used in this part, except where the
 3271  context clearly indicates a different meaning:
 3272         (1) “Local governmental entity” means a county agency, a
 3273  municipality, or a special district as defined in s. 189.012
 3274  189.403. For purposes of s. 218.32, the term also includes a
 3275  housing authority created under chapter 421.
 3276         (5) “Special district” means a special district as defined
 3277  in s. 189.012 189.403(1).
 3278         (6) “Dependent special district” means a dependent special
 3279  district as defined in s. 189.012 189.403(2).
 3280         (7) “Independent special district” means an independent
 3281  special district as defined in s. 189.012 189.403(3).
 3282         Section 80. Paragraphs (a) and (f) of subsection (1) and
 3283  subsection (2) of section 218.32, Florida Statutes, are amended
 3284  to read:
 3285         218.32 Annual financial reports; local governmental
 3286  entities.—
 3287         (1)(a) Each local governmental entity that is determined to
 3288  be a reporting entity, as defined by generally accepted
 3289  accounting principles, and each independent special district as
 3290  defined in s. 189.012 189.403, shall submit to the department a
 3291  copy of its annual financial report for the previous fiscal year
 3292  in a format prescribed by the department. The annual financial
 3293  report must include a list of each local governmental entity
 3294  included in the report and each local governmental entity that
 3295  failed to provide financial information as required by paragraph
 3296  (b). The chair of the governing body and the chief financial
 3297  officer of each local governmental entity shall sign the annual
 3298  financial report submitted pursuant to this subsection attesting
 3299  to the accuracy of the information included in the report. The
 3300  county annual financial report must be a single document that
 3301  covers each county agency.
 3302         (f) If the department does not receive a completed annual
 3303  financial report from a local governmental entity within the
 3304  required period, it shall notify the Legislative Auditing
 3305  Committee and the Special District Accountability Information
 3306  Program of the Department of Economic Opportunity of the
 3307  entity’s failure to comply with the reporting requirements.
 3308         (2) The department shall annually by December 1 file a
 3309  verified report with the Governor, the Legislature, the Auditor
 3310  General, and the Special District Accountability Information
 3311  Program of the Department of Economic Opportunity showing the
 3312  revenues, both locally derived and derived from
 3313  intergovernmental transfers, and the expenditures of each local
 3314  governmental entity, regional planning council, local government
 3315  finance commission, and municipal power corporation that is
 3316  required to submit an annual financial report. The report must
 3317  include, but is not limited to:
 3318         (a) The total revenues and expenditures of each local
 3319  governmental entity that is a component unit included in the
 3320  annual financial report of the reporting entity.
 3321         (b) The amount of outstanding long-term debt by each local
 3322  governmental entity. For purposes of this paragraph, the term
 3323  “long-term debt” means any agreement or series of agreements to
 3324  pay money, which, at inception, contemplate terms of payment
 3325  exceeding 1 year in duration.
 3326         Section 81. Paragraph (g) of subsection (1) of section
 3327  218.37, Florida Statutes, is amended to read:
 3328         218.37 Powers and duties of Division of Bond Finance;
 3329  advisory council.—
 3330         (1) The Division of Bond Finance of the State Board of
 3331  Administration, with respect to both general obligation bonds
 3332  and revenue bonds, shall:
 3333         (g) By January 1 each year, provide the Special District
 3334  Accountability Information Program of the Department of Economic
 3335  Opportunity with a list of special districts that are not in
 3336  compliance with the requirements in s. 218.38.
 3337         Section 82. Paragraph (j) of subsection (1) of section
 3338  255.20, Florida Statutes, is amended to read:
 3339         255.20 Local bids and contracts for public construction
 3340  works; specification of state-produced lumber.—
 3341         (1) A county, municipality, special district as defined in
 3342  chapter 189, or other political subdivision of the state seeking
 3343  to construct or improve a public building, structure, or other
 3344  public construction works must competitively award to an
 3345  appropriately licensed contractor each project that is estimated
 3346  in accordance with generally accepted cost-accounting principles
 3347  to cost more than $300,000. For electrical work, the local
 3348  government must competitively award to an appropriately licensed
 3349  contractor each project that is estimated in accordance with
 3350  generally accepted cost-accounting principles to cost more than
 3351  $75,000. As used in this section, the term “competitively award”
 3352  means to award contracts based on the submission of sealed bids,
 3353  proposals submitted in response to a request for proposal,
 3354  proposals submitted in response to a request for qualifications,
 3355  or proposals submitted for competitive negotiation. This
 3356  subsection expressly allows contracts for construction
 3357  management services, design/build contracts, continuation
 3358  contracts based on unit prices, and any other contract
 3359  arrangement with a private sector contractor permitted by any
 3360  applicable municipal or county ordinance, by district
 3361  resolution, or by state law. For purposes of this section, cost
 3362  includes the cost of all labor, except inmate labor, and the
 3363  cost of equipment and materials to be used in the construction
 3364  of the project. Subject to the provisions of subsection (3), the
 3365  county, municipality, special district, or other political
 3366  subdivision may establish, by municipal or county ordinance or
 3367  special district resolution, procedures for conducting the
 3368  bidding process.
 3369         (j) A county, municipality, special district as defined in
 3370  s. 189.012 189.403, or any other political subdivision of the
 3371  state that owns or operates a public-use airport as defined in
 3372  s. 332.004 is exempt from this section when performing repairs
 3373  or maintenance on the airport’s buildings, structures, or public
 3374  construction works using the local government’s own services,
 3375  employees, and equipment.
 3376         Section 83. Subsection (4) of section 298.225, Florida
 3377  Statutes, is amended to read:
 3378         298.225 Water control plan; plan development and
 3379  amendment.—
 3380         (4) Information contained within a district’s facilities
 3381  plan prepared pursuant to s. 189.08 189.415 which satisfies any
 3382  of the provisions of subsection (3) may be used as part of the
 3383  district water control plan.
 3384         Section 84. Subsection (7) of section 343.922, Florida
 3385  Statutes, is amended to read:
 3386         343.922 Powers and duties.—
 3387         (7) The authority shall comply with all statutory
 3388  requirements of general application which relate to the filing
 3389  of any report or documentation required by law, including the
 3390  requirements of ss. 189.015, 189.016, 189.051, and 189.08
 3391  189.4085, 189.415, 189.417, and 189.418.
 3392         Section 85. Subsection (5) of section 348.0004, Florida
 3393  Statutes, is amended to read:
 3394         348.0004 Purposes and powers.—
 3395         (5) Any authority formed pursuant to this act shall comply
 3396  with all statutory requirements of general application which
 3397  relate to the filing of any report or documentation required by
 3398  law, including the requirements of ss. 189.015, 189.016,
 3399  189.051, and 189.08 189.4085, 189.415, 189.417, and 189.418.
 3400         Section 86. Section 373.711, Florida Statutes, is amended
 3401  to read:
 3402         373.711 Technical assistance to local governments.—The
 3403  water management districts shall assist local governments in the
 3404  development and future revision of local government
 3405  comprehensive plan elements or public facilities report as
 3406  required by s. 189.08 189.415, related to water resource issues.
 3407         Section 87. Paragraph (b) of subsection (3) of section
 3408  403.0891, Florida Statutes, is amended to read:
 3409         403.0891 State, regional, and local stormwater management
 3410  plans and programs.—The department, the water management
 3411  districts, and local governments shall have the responsibility
 3412  for the development of mutually compatible stormwater management
 3413  programs.
 3414         (3)
 3415         (b) Local governments are encouraged to consult with the
 3416  water management districts, the Department of Transportation,
 3417  and the department before adopting or updating their local
 3418  government comprehensive plan or public facilities report as
 3419  required by s. 189.08 189.415, whichever is applicable.
 3420         Section 88. Subsection (1) of section 582.32, Florida
 3421  Statutes, is amended to read:
 3422         582.32 Effect of dissolution.—
 3423         (1) Upon issuance of a certificate of dissolution, s.
 3424  189.076(2) 189.4045(2) applies and all land use regulations in
 3425  effect within such districts are void.
 3426         Section 89. Paragraph (a) of subsection (3) of section
 3427  1013.355, Florida Statutes, is amended to read:
 3428         1013.355 Educational facilities benefit districts.—
 3429         (3)(a) An educational facilities benefit district may be
 3430  created pursuant to this act and chapters 125, 163, 166, and
 3431  189. An educational facilities benefit district charter may be
 3432  created by a county or municipality by entering into an
 3433  interlocal agreement, as authorized by s. 163.01, with the
 3434  district school board and any local general purpose government
 3435  within whose jurisdiction a portion of the district is located
 3436  and adoption of an ordinance that includes all provisions
 3437  contained within s. 189.02 189.4041. The creating entity shall
 3438  be the local general purpose government within whose boundaries
 3439  a majority of the educational facilities benefit district’s
 3440  lands are located.
 3441         Section 90. This act shall take effect July 1, 2014.