Florida Senate - 2016 SB 956
By Senator Stargel
15-00419B-16 2016956__
1 A bill to be entitled
2 An act relating to special districts; amending s.
3 11.40, F.S.; conforming cross-references; amending s.
4 189.011, F.S.; revising legislative intent with
5 respect to the Uniform Special District Accountability
6 Act to include dependent special districts; amending
7 s. 189.016, F.S.; specifying the period of time for
8 which certain budget information must remain on the
9 special district’s website; deleting provisions
10 requiring a special district to transmit certain
11 budgets to the local government under specific
12 circumstances; reenacting s. 165.0615(16), F.S.,
13 relating to municipal conversion of independent
14 special districts upon an elector-initiated and
15 approved referendum, to incorporate the amendment to
16 s. 189.016, F.S., in references thereto; amending s.
17 189.02, F.S.; specifying the Legislature’s authority
18 to create dependent special districts by special act;
19 creating s. 189.022, F.S.; providing for the
20 identification of a dependent special district as
21 dependent in its charter; amending s. 189.031, F.S.;
22 providing for the identification of an independent
23 special district as independent in its charter;
24 transferring, renumbering, and amending ss. 189.034
25 and 189.035, F.S.; authorizing the Legislative
26 Auditing Committee, for districts created by special
27 act, or local general-purpose governments, for
28 districts created by local ordinance or enacted by
29 local resolution, to convene public hearings for
30 special districts that fail to file specified required
31 reports or requested information; deleting related
32 provisions requiring the committee to provide certain
33 notice to the Legislature or local general-purpose
34 government, as appropriate, when a special district
35 fails to file certain required reports or requested
36 information, to conform; amending s. 189.061, F.S.;
37 requiring the Department of Economic Opportunity to
38 exclude inactive special districts from the official
39 list of special districts; revising procedures for
40 maintaining the official list of special districts;
41 specifying that the official list or determination of
42 status of a special district does not constitute final
43 agency action; providing procedures for use in
44 resolving inconsistencies in status determinations of
45 special districts as identified in the official lists;
46 requiring the Auditor General to notify the department
47 of entities that attempt to report as special
48 districts in certain reports; amending s. 189.062,
49 F.S.; revising the criteria that must be documented
50 before a special district may be declared inactive;
51 authorizing the repeal of certain special acts of
52 inactive special districts by general law; providing
53 criteria for initiating such general law; revising the
54 circumstances under which a declaration of inactive
55 status may be invalidated; requiring the department to
56 remove special districts declared inactive from the
57 official list of special districts; requiring the
58 department to keep a separate list of inactive
59 districts; amending s. 189.064, F.S.; revising the
60 required content of the special district handbook;
61 creating s. 189.0653, F.S.; requiring special
62 districts created by special act or local ordinance to
63 provide specified information to the committee or
64 local general-purpose government, as appropriate;
65 amending s. 189.067, F.S.; conforming cross
66 references; amending s. 189.068, F.S.; conforming
67 cross-references; specifying that certain dependent
68 special districts may be reviewed by specified local
69 general-purpose governments; amending s. 189.069,
70 F.S.; revising the list of items required to be
71 included on the websites of special districts;
72 amending ss. 189.071 and 189.072, F.S.; conforming
73 provisions to changes made by the act; reenacting s.
74 189.074(2)(e) and (3)(g), F.S., relating to the
75 voluntary merger of independent special districts, to
76 incorporate the amendment to s. 189.016, F.S., in
77 references thereto; providing an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Paragraph (b) of subsection (2) of section
82 11.40, Florida Statutes, is amended to read:
83 11.40 Legislative Auditing Committee.—
84 (2) Following notification by the Auditor General, the
85 Department of Financial Services, or the Division of Bond
86 Finance of the State Board of Administration of the failure of a
87 local governmental entity, district school board, charter
88 school, or charter technical career center to comply with the
89 applicable provisions within s. 11.45(5)-(7), s. 218.32(1), s.
90 218.38, or s. 218.503(3), the Legislative Auditing Committee may
91 schedule a hearing to determine if the entity should be subject
92 to further state action. If the committee determines that the
93 entity should be subject to further state action, the committee
94 shall:
95 (b) In the case of a special district created by:
96 1. A special act, notify the President of the Senate, the
97 Speaker of the House of Representatives, the standing committees
98 of the Senate and the House of Representatives charged with
99 special district oversight as determined by the presiding
100 officers of each respective chamber, the legislators who
101 represent a portion of the geographical jurisdiction of the
102 special district pursuant to s. 189.034(2), and the Department
103 of Economic Opportunity that the special district has failed to
104 comply with the law. Upon receipt of notification, the
105 Department of Economic Opportunity shall proceed pursuant to s.
106 189.062 or s. 189.067. If the special district remains in
107 noncompliance after the process set forth in s. 189.0651
108 189.034(3), or if a public hearing is not held, the Legislative
109 Auditing Committee may request the department to proceed
110 pursuant to s. 189.067(3).
111 2. A local ordinance, notify the chair or equivalent of the
112 local general-purpose government pursuant to s. 189.0652
113 189.035(2) and the Department of Economic Opportunity that the
114 special district has failed to comply with the law. Upon receipt
115 of notification, the department shall proceed pursuant to s.
116 189.062 or s. 189.067. If the special district remains in
117 noncompliance after the process set forth in s. 189.0652
118 189.034(3), or if a public hearing is not held, the Legislative
119 Auditing Committee may request the department to proceed
120 pursuant to s. 189.067(3).
121 3. Any manner other than a special act or local ordinance,
122 notify the Department of Economic Opportunity that the special
123 district has failed to comply with the law. Upon receipt of
124 notification, the department shall proceed pursuant to s.
125 189.062 or s. 189.067(3).
126 Section 2. Subsection (2) of section 189.011, Florida
127 Statutes, is amended to read:
128 189.011 Statement of legislative purpose and intent.—
129 (2) The Legislature finds that special districts serve a
130 necessary and useful function by providing services to residents
131 and property in the state. The Legislature finds further that
132 special districts operate to serve a public purpose and that
133 this is best secured by certain minimum standards of
134 accountability designed to inform the public and appropriate
135 local general-purpose governments of the status and activities
136 of special districts. It is the intent of the Legislature that
137 this public trust be secured by requiring each independent
138 special district in the state to register and report its
139 financial and other activities. The Legislature further finds
140 that failure of a an independent special district to comply with
141 the minimum disclosure requirements set forth in this chapter
142 may result in action against the special officers of such
143 district body.
144 Section 3. Subsections (4) and (7) of section 189.016,
145 Florida Statutes, are amended to read:
146 189.016 Reports; budgets; audits.—
147 (4) The tentative budget must be posted on the special
148 district’s official website at least 2 days before the budget
149 hearing, held pursuant to s. 200.065 or other law, to consider
150 such budget and must remain on the website for at least 45 days.
151 The final adopted budget must be posted on the special
152 district’s official website within 30 days after adoption and
153 must remain on the website for at least 2 years. If the special
154 district does not operate an official website, the special
155 district must, within a reasonable period of time as established
156 by the local general-purpose government or governments in which
157 the special district is located or the local governing authority
158 to which the district is dependent, transmit the tentative
159 budget or final budget to the manager or administrator of the
160 local general-purpose government or the local governing
161 authority. The manager or administrator shall post the tentative
162 budget or final budget on the website of the local general
163 purpose government or governing authority. This subsection and
164 subsection (3) do not apply to water management districts as
165 defined in s. 373.019.
166 (7) If the governing body of a special district amends the
167 budget pursuant to paragraph (6)(c), the adopted amendment must
168 be posted on the official website of the special district within
169 5 days after adoption and must remain on the website for at
170 least 2 years. If the special district does not operate an
171 official website, the special district must, within a reasonable
172 period of time as established by the local general-purpose
173 government or governments in which the special district is
174 located or the local governing authority to which the district
175 is dependent, transmit the adopted amendment to the manager or
176 administrator of the local general-purpose government or
177 governing authority. The manager or administrator shall post the
178 adopted amendment on the website of the local general-purpose
179 government or governing authority.
180 Section 4. For the purpose of incorporating the amendment
181 made by this act to section 189.016, Florida Statutes, in a
182 reference thereto, subsection (16) of section 165.0615, Florida
183 Statutes, is reenacted to read:
184 165.0615 Municipal conversion of independent special
185 districts upon elector-initiated and approved referendum.—
186 (16) If the incorporation plan is approved by a majority of
187 the votes cast in the independent special district, the district
188 shall notify the special district accountability program
189 pursuant to s. 189.016(2) and the local general-purpose
190 governments in which any part of the independent special
191 district is situated pursuant to s. 189.016(7).
192 Section 5. Subsection (5) is added to section 189.02,
193 Florida Statutes, to read:
194 189.02 Dependent special districts.—
195 (5) The Legislature may create a dependent special district
196 by special act at the request or with the consent of the local
197 government upon which the special district will be dependent.
198 Section 6. Section 189.022, Florida Statutes, is created to
199 read:
200 189.022 Status statement.—The charter of a newly created
201 dependent special district shall contain, and where practical
202 and feasible, the charter of an existing dependent special
203 district shall be amended to contain, a reference to the status
204 of the special district as dependent. When necessary, the status
205 statement shall be amended to conform to the department’s
206 determination or declaratory statement regarding the status of
207 the district.
208 Section 7. Subsection (5) of section 189.031, Florida
209 Statutes, is amended to read:
210 189.031 Legislative intent for the creation of independent
211 special districts; special act prohibitions; model elements and
212 other requirements; local general-purpose government/Governor
213 and Cabinet creation authorizations.—
214 (5) STATUS STATEMENT.—After October 1, 1997, The charter of
215 a any newly created independent special district shall contain,
216 and, where as practical and feasible, the charter of an existing
217 independent a preexisting special district shall be amended to
218 contain, a reference to the status of the special district as
219 dependent or independent. When necessary, the status statement
220 shall be amended to conform to with the department’s
221 determination or declaratory statement regarding the status of
222 the district.
223 Section 8. Section 189.034, Florida Statutes, is
224 transferred, renumbered as section 189.0651, Florida Statutes,
225 and amended to read:
226 189.0651 189.034 Oversight of special districts created by
227 special act of the Legislature.—
228 (1) This section applies to any special district created by
229 special act of the Legislature.
230 (2) If a special district fails to file required reports or
231 requested information under s. 11.45(6), s. 11.45(7), s. 218.32,
232 s. 218.38(3), s. 218.39, or s. 218.503(3), with the appropriate
233 state agency or office, the Legislative Auditing Committee or
234 its designee shall provide written notice of the district’s
235 noncompliance to the President of the Senate, the Speaker of the
236 House of Representatives, the standing committees of the Senate
237 and the House of Representatives charged with special district
238 oversight as determined by the presiding officers of each
239 respective chamber, and the legislators who represent a portion
240 of the geographical jurisdiction of the special district.
241 (3) the Legislative Auditing Committee may convene a public
242 hearing on the issue of such noncompliance, as well as general
243 oversight of the special district as provided in s. 189.068, at
244 the direction of the President of the Senate and the Speaker of
245 the House of Representatives.
246 (4) Before the public hearing as provided in subsection
247 (3), the special district shall provide the following
248 information at the request of the Legislative Auditing
249 Committee:
250 (a) The district’s annual financial report for the prior
251 fiscal year.
252 (b) The district’s audit report for the previous fiscal
253 year.
254 (c) An annual report for the previous fiscal year providing
255 a detailed review of the performance of the special district,
256 including the following information:
257 1. The purpose of the special district.
258 2. The sources of funding for the special district.
259 3. A description of the major activities, programs, and
260 initiatives the special district undertook in the most recently
261 completed fiscal year and the benchmarks or criteria under which
262 the success or failure of the district was determined by its
263 governing body.
264 4. Any challenges or obstacles faced by the special
265 district in fulfilling its purpose and related responsibilities.
266 5. Ways the special district believes it could better
267 fulfill its purpose and related responsibilities and a
268 description of the actions that it intends to take during the
269 ensuing fiscal year.
270 6. Proposed changes to the special act that established the
271 special district and justification for such changes.
272 7. Any other information reasonably required to provide the
273 Legislative Auditing Committee with an accurate understanding of
274 the purpose for which the special district exists and how it is
275 fulfilling its responsibilities to accomplish that purpose.
276 8. Any reasons for the district’s noncompliance.
277 9. Whether the district is currently in compliance.
278 10. Plans to correct any recurring issues of noncompliance.
279 11. Efforts to promote transparency, including maintenance
280 of the district’s website in accordance with s. 189.069.
281 Section 9. Section 189.035, Florida Statutes, is
282 transferred, renumbered as section 189.0652, Florida Statutes,
283 and amended to read:
284 189.0652 189.035 Oversight of special districts created by
285 local ordinance or enacted by local resolution.—
286 (1) This section applies to any special district created by
287 local ordinance or enacted by local resolution.
288 (2) If a special district fails to file required reports or
289 requested information under s. 11.45(6), s. 11.45(7), s. 218.32,
290 s. 218.38(3), s. 218.39, or s. 218.503(3) with the appropriate
291 state agency or office, the Legislative Auditing Committee or
292 its designee shall provide written notice of the district’s
293 noncompliance to the chair or equivalent of the local general
294 purpose government.
295 (3) the chair or equivalent of the local general-purpose
296 government may convene a public hearing on the issue of such
297 noncompliance, as well as general oversight of the special
298 district as provided in s. 189.068, within 3 months after
299 receipt of notice of noncompliance from the Legislative Auditing
300 Committee. Within 30 days after receiving written notice of
301 noncompliance, the local general-purpose government shall notify
302 the Legislative Auditing Committee as to whether a hearing under
303 this section will be held and, if so, provide the date, time,
304 and place of the hearing.
305 (4) Before the public hearing as provided in subsection
306 (3), the special district shall provide the following
307 information at the request of the local general-purpose
308 government:
309 (a) The district’s annual financial report for the previous
310 fiscal year.
311 (b) The district’s audit report for the previous fiscal
312 year.
313 (c) An annual report for the previous fiscal year, which
314 must provide a detailed review of the performance of the special
315 district and include the following information:
316 1. The purpose of the special district.
317 2. The sources of funding for the special district.
318 3. A description of the major activities, programs, and
319 initiatives the special district undertook in the most recently
320 completed fiscal year and the benchmarks or criteria under which
321 the success or failure of the district was determined by its
322 governing body.
323 4. Any challenges or obstacles faced by the special
324 district in fulfilling its purpose and related responsibilities.
325 5. Ways in which the special district believes that it
326 could better fulfill its purpose and related responsibilities
327 and a description of the actions that it intends to take during
328 the ensuing fiscal year.
329 6. Proposed changes to the ordinance or resolution that
330 established the special district and justification for such
331 changes.
332 7. Any other information reasonably required to provide the
333 reviewing entity with an accurate understanding of the purpose
334 for which the special district exists and how it is fulfilling
335 its responsibilities to accomplish that purpose.
336 8. Any reasons for the district’s noncompliance.
337 9. Whether the district is currently in compliance.
338 10. Plans to correct any recurring issues of noncompliance.
339 11. Efforts to promote transparency, including maintenance
340 of the district’s website in accordance with s. 189.069.
341 (3)(5) If the local general-purpose government convenes a
342 public hearing under subsection (2) this section, it shall
343 provide the department and the Legislative Auditing Committee
344 with a report containing its findings and conclusions within 60
345 days after completion of the public hearing.
346 Section 10. Subsections (1), (2), and (4) of section
347 189.061, Florida Statutes, are amended, present subsection (3)
348 of that section is renumbered as subsection (4) and amended, and
349 a new subsection (3) is added to that section, to read:
350 189.061 Official list of special districts.—
351 (1)(a) The department shall maintain the official list of
352 special districts. The official list of special districts shall
353 include all special districts in this state and shall indicate
354 the independent or dependent status of each district. All
355 special districts on the list shall be sorted by county. The
356 definitions in s. 189.012 shall be the criteria for
357 determination of the independent or dependent status of each
358 special district on the official list. The status of community
359 development districts shall be independent on the official list
360 of special districts.
361 (b) The official list shall exclude all districts declared
362 inactive as provided in s. 189.062.
363 (2) The official list shall be maintained produced by the
364 department using the information filed with the department by
365 the special districts pursuant to this chapter. If a special
366 district does not submit its written status statement required
367 by s. 189.016(1) within the required time, the department may
368 determine the status of the district. If the department
369 determines the status, the department shall render its
370 determination to an agent of the special district after the
371 department has notified each special district that is currently
372 reporting to the department, the Department of Financial
373 Services pursuant to s. 218.32, or the Auditor General pursuant
374 to s. 218.39. Upon notification, each special district shall
375 submit, within 60 days, its determination of its status. The
376 determination submitted by a special district shall be
377 consistent with the status reported in the most recent local
378 government audit of district activities submitted to the Auditor
379 General pursuant to s. 218.39.
380 (3) The official list of special districts or the
381 determination of status does not constitute final agency action
382 pursuant to chapter 120. If the status of a special district on
383 the official list is inconsistent with the status submitted by
384 the district, the district may request the department to issue a
385 declaratory statement setting forth the requirements necessary
386 to resolve the inconsistency. If necessary, upon issuance of a
387 declaratory statement by the department that is not appealed
388 pursuant to chapter 120, the governing body of any special
389 district receiving such a declaratory statement shall apply to
390 the entity that originally established the district for an
391 amendment to its charter correcting the specified defects in its
392 original charter. This amendment shall be for the sole purpose
393 of resolving inconsistencies between a district charter and the
394 status of a district as it appears on the official list.
395 (4)(3) The Department of Financial Services shall notify
396 provide the department of each entity that attempts to report as
397 a special district in the annual financial report with a list of
398 dependent special districts reporting pursuant to s. 218.32 that
399 is not included for inclusion on the official list of special
400 districts. The Auditor General shall notify the department of
401 each entity that attempts to report as a special district in an
402 audit report issued pursuant to s. 218.39 which is not included
403 on the official list of special districts. Upon notification by
404 the Department of Financial Services or the Auditor General, the
405 department shall determine whether the entity is a special
406 district as defined in s. 189.012. If the entity is a special
407 district, the department shall add the entity to the official
408 list of special districts and shall notify each such entity that
409 it is required to comply with s. 189.013.
410 (4) If a special district does not submit its status to the
411 department within the required time period, then the department
412 shall have the authority to determine the status of said
413 district. After such determination of status is completed, the
414 department shall render the determination to an agent of the
415 special district.
416 Section 11. Section 189.062, Florida Statutes, is amended
417 to read:
418 189.062 Special procedures for inactive districts.—
419 (1) The department shall declare inactive any special
420 district in this state by documenting that:
421 (a) The special district meets one of the following
422 criteria:
423 1. The registered agent of the district, the chair of the
424 governing body of the district, or the governing body of the
425 appropriate local general-purpose government notifies the
426 department in writing that the district has taken no action for
427 2 or more years;
428 2. The registered agent of the district, the chair of the
429 governing body of the district, or the governing body of the
430 appropriate local general-purpose government notifies the
431 department in writing that the district has not had a governing
432 body or a sufficient number of governing body members to
433 constitute a quorum for 2 or more years;
434 3. The registered agent of the district, the chair of the
435 governing body of the district, or the governing body of the
436 appropriate local general-purpose government fails to respond to
437 an inquiry by the department within 21 days;
438 4. The department determines, pursuant to s. 189.067, that
439 the district has failed to file any of the reports listed in s.
440 189.066;
441 5. The district has not had a registered office and agent
442 on file with the department for 1 or more years; or
443 6. The governing body of a special district provides
444 documentation to the department that it has unanimously adopted
445 a resolution declaring the special district inactive. The
446 special district is shall be responsible for payment of any
447 expenses associated with its dissolution. A special district
448 declared inactive pursuant to this subparagraph may be dissolved
449 without a referendum; or
450 (b) The department, special district, or local general
451 purpose government has published a notice of proposed
452 declaration of inactive status in a newspaper of general
453 circulation in the county or municipality in which the territory
454 of the special district is located and has sent a copy of such
455 notice by certified mail to the registered agent or chair of the
456 governing body, if any. Such notice must include the name of the
457 special district, the law under which it was organized and
458 operating, a general description of the territory included in
459 the special district, and a statement that any objections must
460 be filed pursuant to chapter 120 within 21 days after the
461 publication date.; and
462 (c) Twenty-one days have elapsed from the publication date
463 of the notice of proposed declaration of inactive status and no
464 administrative appeals were filed.
465 (2) If any special district is declared inactive pursuant
466 to this section, the property or assets of the special district
467 are subject to legal process for payment of any debts of the
468 district. After the payment of all the debts of said inactive
469 special district, the remainder of its property or assets shall
470 escheat to the county or municipality wherein located. If,
471 however, it shall be necessary, in order to pay any such debt,
472 to levy any tax or taxes on the property in the territory or
473 limits of the inactive special district, the same may be
474 assessed and levied by order of the local general-purpose
475 government wherein the same is situated and shall be assessed by
476 the county property appraiser and collected by the county tax
477 collector.
478 (3)(a) In the case of a district created by special act of
479 the Legislature, the department shall send a notice of
480 declaration of inactive status to the Speaker of the House of
481 Representatives and the President of the Senate, and the
482 standing committees of the Senate and the House of
483 Representatives charged with special district oversight as
484 determined by the presiding officers of each respective chamber
485 and the Legislative Auditing Committee. The notice of
486 declaration of inactive status shall reference each known
487 special act creating or amending the charter of any special
488 district declared to be inactive under this section. The
489 declaration of inactive status shall be sufficient notice as
490 required by s. 10, Art. III of the State Constitution to
491 authorize the Legislature to repeal any special laws so
492 reported. Each special act creating or amending the charter of a
493 special district declared to be inactive under this section may
494 be repealed by general law initiated by either of the standing
495 committees with the approval of the chamber’s presiding officer;
496 however, notice of the introduction of legislation providing for
497 such repeal of a special act must be given to each member of the
498 Legislature who represents any portion of the area within the
499 jurisdiction of the special district.
500 (b) In the case of a district created by one or more local
501 general-purpose governments, the department shall send a notice
502 of declaration of inactive status to the chair of the governing
503 body of each local general-purpose government that created the
504 district.
505 (c) In the case of a district created by interlocal
506 agreement, the department shall send a notice of declaration of
507 inactive status to the chair of the governing body of each local
508 general-purpose government which entered into the interlocal
509 agreement.
510 (4) The entity that created a special district declared
511 inactive under this section must dissolve the special district
512 by repealing its enabling laws or by other appropriate means as
513 set forth in s. 189.071 or s. 189.072. Any special district
514 declared inactive pursuant to subparagraph (1)(a)5. may be
515 dissolved without a referendum.
516 (5) A special district declared inactive under this section
517 may not collect taxes, fees, or assessments unless the
518 declaration is:
519 (a) Withdrawn or revoked by the department; or
520 (b) Invalidated in proceedings initiated by the special
521 district within 30 days after the publication date of the
522 newspaper notice required under paragraph (1)(b) written notice
523 of the declaration was provided to the special district
524 governing body by physical or electronic delivery, receipt
525 confirmed. The special district governing body may initiate
526 proceedings within the period authorized in this paragraph by:
527 1. Filing with the department a petition for an
528 administrative hearing pursuant to s. 120.569; or
529 2. Filing an action for declaratory and injunctive relief
530 under chapter 86 in the circuit court of the judicial circuit in
531 which the majority of the area of the district is located.
532 (c) If a timely challenge to the declaration is not
533 initiated by the special district governing body, or the
534 department prevails in a proceeding initiated under paragraph
535 (b), the department may enforce the prohibitions in this
536 subsection by filing a petition for enforcement with the circuit
537 court in and for Leon County. The petition may request
538 declaratory, injunctive, or other equitable relief, including
539 the appointment of a receiver, and any forfeiture or other
540 remedy provided by law.
541 (d) The prevailing party shall be awarded costs of
542 litigation and reasonable attorney fees in any proceeding
543 brought under this subsection.
544 (6)(a) The department shall immediately remove each special
545 district declared inactive as provided in this section from the
546 official list of special districts maintained as provided in ss.
547 189.061 and 189.064.
548 (b) The department shall create a separate list of all
549 special districts declared inactive as provided in this section
550 and shall maintain each such district on the inactive list until
551 the department determines that the district has resumed active
552 status, the district is merged as provided in s. 189.071 or s.
553 189.074, or the district is dissolved as provided in s. 189.071
554 or s. 189.072.
555 Section 12. Subsections (1), (2), and (3) of section
556 189.064, Florida Statutes, are amended to read:
557 189.064 Special District Accountability Program; duties and
558 responsibilities.—The Special District Accountability Program of
559 the department has the following duties:
560 (1) Electronically publishing special district
561 noncompliance status reports from the Department of Management
562 Services, the Department of Financial Services, the Division of
563 Bond Finance of the State Board of Administration, the Auditor
564 General, and the Legislative Auditing Committee, for the
565 reporting required in ss. 112.63, 218.32, 218.38, and 218.39.
566 The noncompliance reports must list those special districts that
567 did not comply with the statutory reporting requirements and be
568 made available to the public electronically.
569 (2) Maintaining the official list of special districts as
570 set forth in s. 189.061.
571 (3) Publishing and updating of a “Florida Special District
572 Handbook” that contains, at a minimum:
573 (a) A section that specifies definitions of special
574 districts and status distinctions in the statutes.
575 (b) A section or sections that specify current statutory
576 provisions for special district creation, implementation,
577 modification, dissolution, and operating procedures.
578 (c) A section that summarizes the reporting requirements
579 applicable to all types of special districts as provided in ss.
580 189.015 and 189.016.
581 (d) A section that summarizes the public facilities
582 reporting requirements and the evaluation and appraisal
583 notification schedule as provided in s. 189.08(2).
584 Section 13. Section 189.0653, Florida Statutes, is created
585 to read:
586 189.0653 Information before public hearing on
587 noncompliance.—Before the public hearing as provided in s.
588 189.0651(2) or s. 189.0652(2) is held, the special district
589 shall provide the following information at the request of the
590 local general-purpose government or the Legislative Auditing
591 Committee, as appropriate:
592 (1) The district’s annual financial report for the previous
593 fiscal year.
594 (2) The district’s audit report for the previous fiscal
595 year.
596 (3) Minutes of meetings of the special district’s governing
597 body for the previous fiscal year and the current fiscal year to
598 date.
599 (4) A report for the previous fiscal year providing the
600 following:
601 (a) The purpose of the special district.
602 (b) The sources of funding for the special district.
603 (c) A description of the major activities, programs, and
604 initiatives the special district undertook in the most recently
605 completed fiscal year and the benchmarks or criteria under which
606 the success or failure of the district was or will be determined
607 by its governing body.
608 (d) Any challenges or obstacles faced by the special
609 district in fulfilling its purpose and related responsibilities.
610 (e) Ways in which the special district’s governing body
611 believes it could better fulfill the special district’s purpose
612 and a description of the actions it intends to take.
613 (f) Proposed changes to the special act, ordinance, or
614 resolution, as appropriate, which established the special
615 district and justification for such changes.
616 (g) Any other information reasonably required to provide
617 the reviewing entity with an accurate understanding of the
618 purpose of the special district and how the special district is
619 fulfilling that purpose.
620 (h) Any reasons for the district’s noncompliance resulting
621 in the public hearing.
622 (i) Whether the district is currently in compliance.
623 (j) Plans to correct any recurring issues of noncompliance.
624 (k) Efforts to promote transparency, including a statement
625 indicating whether the district’s website complies with s.
626 189.069.
627 Section 14. Subsection (2) of section 189.067, Florida
628 Statutes, is amended to read:
629 189.067 Failure of district to disclose financial reports.—
630 (2) Failure of a special district to comply with the
631 actuarial and financial reporting requirements under s. 112.63,
632 s. 218.32, or s. 218.39 after the procedures of subsection (1)
633 are exhausted shall be deemed final action of the special
634 district. The actuarial and financial reporting requirements are
635 declared to be essential requirements of law. Remedies for
636 noncompliance with ss. 218.32 and 218.39 shall be as provided in
637 ss. 189.0651 and 189.0652 189.034 and 189.035. Remedy for
638 noncompliance with s. 112.63 shall be as set forth in subsection
639 (4).
640 Section 15. Paragraphs (a), (b), and (c) of subsection (2)
641 of section 189.068, Florida Statutes, are amended to read:
642 189.068 Special districts; authority for oversight; general
643 oversight review process.—
644 (2) Special districts may be reviewed for general oversight
645 purposes under this section as follows:
646 (a) Each All special district districts created by special
647 act may be reviewed by the Legislature using the public hearing
648 process provided in s. 189.0651 189.034.
649 (b) Each All special district districts created by local
650 ordinance or resolution may be reviewed by the local general
651 purpose government that enacted the ordinance or resolution
652 using the public hearing process provided in s. 189.0652
653 189.035.
654 (c) Each All dependent special district not created by
655 special act districts may be reviewed by the local general
656 purpose government upon to which it is they are dependent.
657 Section 16. Section 189.069, Florida Statutes, is amended
658 to read:
659 189.069 Special districts; required reporting of
660 information; web-based public access.—
661 (1) Beginning on October 1, 2015, or by the end of the
662 first full fiscal year after its creation, each special district
663 shall maintain an official Internet website containing the
664 information required by this section in accordance with s.
665 189.016. Each special district districts shall submit its their
666 official Internet website address addresses to the department.
667 (a) Each independent special district districts shall
668 maintain a separate Internet website.
669 (b) Each dependent special district districts shall be
670 prominently preeminently displayed on the home page of the
671 Internet website of the local general-purpose government upon
672 which it is dependent that created the special district with a
673 hyperlink to such webpages as are necessary to provide the
674 information required by this section. A dependent special
675 district districts may maintain a separate Internet website
676 providing the information required by this section.
677 (2)(a) A special district shall post the following
678 information, at a minimum, on the district’s official website:
679 1. The full legal name of the special district.
680 2. The public purpose of the special district.
681 3. The name, official address, official e-mail address,
682 and, if applicable, the term and appointing authority for each
683 member of the governing body of the special district.
684 4. The fiscal year of the special district.
685 5. The full text of the special district’s charter, the
686 date of establishment, the establishing entity, and the statute
687 or statutes under which the special district operates, if
688 different from the statute or statutes under which the special
689 district was established. Community development districts may
690 reference chapter 190 as the uniform charter, but must include
691 information relating to any grant of special powers.
692 6. The mailing address, e-mail address, telephone number,
693 and Internet website uniform resource locator of the special
694 district.
695 7. A description of the boundaries or service area of, and
696 the services provided by, the special district.
697 8. A listing of all taxes, fees, assessments, or charges
698 imposed and collected by the special district, including the
699 rates or amounts for the fiscal year and the statutory authority
700 for the levy of the tax, fee, assessment, or charge. For
701 purposes of this subparagraph, charges do not include patient
702 charges by a hospital or other health care provider.
703 9. The primary contact information for the special district
704 for purposes of communication from the department.
705 10. A code of ethics adopted by the special district, if
706 applicable, and a hyperlink to generally applicable ethics
707 provisions.
708 11. The budget of the each special district and any, in
709 addition to amendments thereto in accordance with s. 189.016.
710 12. The final, complete audit report for the most recent
711 completed fiscal year, and audit reports required by law or
712 authorized by the governing body of the special district.
713 13. A listing of its regularly scheduled public meetings as
714 required by s. 189.015(1).
715 14. The public facilities report, if applicable.
716 15. The link to the Department of Financial Services’
717 website as set forth in s. 218.32(1)(g).
718 16. At least 7 days before each meeting or workshop, the
719 agenda of the event, along with any meeting materials available
720 in an electronic format, excluding confidential and exempt
721 information. The information must remain on the website for at
722 least 1 year after the event.
723 (b) The department’s Internet website list of special
724 districts in the state required under s. 189.061 shall include a
725 link for each special district that provides web-based access to
726 the public for all information and documentation required for
727 submission to the department pursuant to subsection (1).
728 Section 17. Subsections (2) and (3) of section 189.071,
729 Florida Statutes, are amended to read:
730 189.071 Merger or dissolution of a dependent special
731 district.—
732 (2) The merger or dissolution of an active a dependent
733 special district created and operating pursuant to a special act
734 may be effectuated only by further act of the Legislature unless
735 otherwise provided by general law.
736 (3) A dependent special district that meets any criteria
737 for being declared inactive, or that has already been declared
738 inactive, pursuant to s. 189.062 may be dissolved or merged by
739 special act without a referendum.
740 Section 18. Subsection (3) of section 189.072, Florida
741 Statutes, is amended to read:
742 189.072 Dissolution of an independent special district.—
743 (3) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An independent
744 special district that meets any criteria for being declared
745 inactive, or that has already been declared inactive, pursuant
746 to s. 189.062 may be dissolved by special act without a
747 referendum. If an inactive independent special district was
748 created by a county or municipality through a referendum, the
749 county or municipality that created the district may dissolve
750 the district after publishing notice as described in s. 189.062.
751 Section 19. For the purpose of incorporating the amendment
752 made by this act to section 189.016, Florida Statutes, in
753 references thereto, paragraph (e) of subsection (2) and
754 paragraph (g) of subsection (3) of section 189.074, Florida
755 Statutes, are reenacted to read:
756 189.074 Voluntary merger of independent special districts.
757 Two or more contiguous independent special districts created by
758 special act which have similar functions and elected governing
759 bodies may elect to merge into a single independent district
760 through the act of merging the component independent special
761 districts.
762 (2) JOINT MERGER PLAN BY RESOLUTION.—The governing bodies
763 of two or more contiguous independent special districts may, by
764 joint resolution, endorse a proposed joint merger plan to
765 commence proceedings to merge the districts pursuant to this
766 section.
767 (e) After the final public hearing, the governing bodies
768 shall notify the supervisors of elections of the applicable
769 counties in which district lands are located of the adoption of
770 the resolution by each governing body. The supervisors of
771 elections shall schedule a separate referendum for each
772 component independent special district. The referenda may be
773 held in each district on the same day, or on different days, but
774 no more than 20 days apart.
775 1. Notice of a referendum on the merger of independent
776 special districts must be provided pursuant to the notice
777 requirements in s. 100.342. At a minimum, the notice must
778 include:
779 a. A brief summary of the resolution and joint merger plan;
780 b. A statement as to where a copy of the resolution and
781 joint merger plan may be examined;
782 c. The names of the component independent special districts
783 to be merged and a description of their territory;
784 d. The times and places at which the referendum will be
785 held; and
786 e. Such other matters as may be necessary to call, provide
787 for, and give notice of the referendum and to provide for the
788 conduct thereof and the canvass of the returns.
789 2. The referenda must be held in accordance with the
790 Florida Election Code and may be held pursuant to ss. 101.6101
791 101.6107. All costs associated with the referenda shall be borne
792 by the respective component independent special district.
793 3. The ballot question in such referendum placed before the
794 qualified electors of each component independent special
795 district to be merged must be in substantially the following
796 form:
797
798 “Shall ...(name of component independent special
799 district)... and ...(name of component independent special
800 district or districts)... be merged into ...(name of newly
801 merged independent district)...?
802
803 ....YES
804 ....NO”
805
806 4. If the component independent special districts proposing
807 to merge have disparate millage rates, the ballot question in
808 the referendum placed before the qualified electors of each
809 component independent special district must be in substantially
810 the following form:
811
812 “Shall ...(name of component independent special
813 district)... and ...(name of component independent special
814 district or districts)... be merged into ...(name of newly
815 merged independent district)... if the voter-approved maximum
816 millage rate within each independent special district will not
817 increase absent a subsequent referendum?
818
819 ....YES
820 ....NO”
821
822 5. In any referendum held pursuant to this section, the
823 ballots shall be counted, returns made and canvassed, and
824 results certified in the same manner as other elections or
825 referenda for the component independent special districts.
826 6. The merger may not take effect unless a majority of the
827 votes cast in each component independent special district are in
828 favor of the merger. If one of the component districts does not
829 obtain a majority vote, the referendum fails, and merger does
830 not take effect.
831 7. If the merger is approved by a majority of the votes
832 cast in each component independent special district, the merged
833 independent district is created. Upon approval, the merged
834 independent district shall notify the Special District
835 Accountability Program pursuant to s. 189.016(2) and the local
836 general-purpose governments in which any part of the component
837 independent special districts is situated pursuant to s.
838 189.016(7).
839 8. If the referendum fails, the merger process under this
840 subsection may not be initiated for the same purpose within 2
841 years after the date of the referendum.
842 (3) QUALIFIED ELECTOR-INITIATED MERGER PLAN.—The qualified
843 electors of two or more contiguous independent special districts
844 may commence a merger proceeding by each filing a petition with
845 the governing body of their respective independent special
846 district proposing to be merged. The petition must contain the
847 signatures of at least 40 percent of the qualified electors of
848 each component independent special district and must be
849 submitted to the appropriate component independent special
850 district governing body no later than 1 year after the start of
851 the qualified elector-initiated merger process.
852 (g) After the final public hearing, the governing bodies
853 shall notify the supervisors of elections of the applicable
854 counties in which district lands are located of the adoption of
855 the resolution by each governing body. The supervisors of
856 elections shall schedule a date for the separate referenda for
857 each district. The referenda may be held in each district on the
858 same day, or on different days, but no more than 20 days apart.
859 1. Notice of a referendum on the merger of the component
860 independent special districts must be provided pursuant to the
861 notice requirements in s. 100.342. At a minimum, the notice must
862 include:
863 a. A brief summary of the resolution and elector-initiated
864 merger plan;
865 b. A statement as to where a copy of the resolution and
866 petition for merger may be examined;
867 c. The names of the component independent special districts
868 to be merged and a description of their territory;
869 d. The times and places at which the referendum will be
870 held; and
871 e. Such other matters as may be necessary to call, provide
872 for, and give notice of the referendum and to provide for the
873 conduct thereof and the canvass of the returns.
874 2. The referenda must be held in accordance with the
875 Florida Election Code and may be held pursuant to ss. 101.6101
876 101.6107. All costs associated with the referenda shall be borne
877 by the respective component independent special district.
878 3. The ballot question in such referendum placed before the
879 qualified electors of each component independent special
880 district to be merged must be in substantially the following
881 form:
882
883 “Shall ...(name of component independent special
884 district)... and ...(name of component independent special
885 district or districts)... be merged into ...(name of newly
886 merged independent district)...?
887
888 ....YES
889 ....NO”
890
891 4. If the component independent special districts proposing
892 to merge have disparate millage rates, the ballot question in
893 the referendum placed before the qualified electors of each
894 component independent special district must be in substantially
895 the following form:
896
897 “Shall ...(name of component independent special
898 district)... and ...(name of component independent special
899 district or districts)... be merged into ...(name of newly
900 merged independent district)... if the voter-approved maximum
901 millage rate within each independent special district will not
902 increase absent a subsequent referendum?
903
904 ....YES
905 ....NO”
906
907 5. In any referendum held pursuant to this section, the
908 ballots shall be counted, returns made and canvassed, and
909 results certified in the same manner as other elections or
910 referenda for the component independent special districts.
911 6. The merger may not take effect unless a majority of the
912 votes cast in each component independent special district are in
913 favor of the merger. If one of the component independent special
914 districts does not obtain a majority vote, the referendum fails,
915 and merger does not take effect.
916 7. If the merger is approved by a majority of the votes
917 cast in each component independent special district, the merged
918 district shall notify the Special District Accountability
919 Program pursuant to s. 189.016(2) and the local general-purpose
920 governments in which any part of the component independent
921 special districts is situated pursuant to s. 189.016(7).
922 8. If the referendum fails, the merger process under this
923 subsection may not be initiated for the same purpose within 2
924 years after the date of the referendum.
925 Section 20. This act shall take effect October 1, 2016.