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The Florida Senate

2002 Florida Statutes

SECTION 421
Failure of district to disclose financial reports.
Section 189.421, Florida Statutes 2002

189.421  Failure of district to disclose financial reports.--

(1)  The department shall investigate all petitions filed pursuant to s. 189.419 and determine whether or not the district board has made a good faith effort to file the required reports.

(2)  If the department determines that a good faith effort has been made, it shall grant a reasonable extension of time for filing the required reports with the appropriate bodies and notify the special district of the granting of the extension.

(3)  If the department determines that a good faith effort has not been made to file the report or that a reasonable time has passed since notice was delivered to the district pursuant to s. 189.419(1), and the reports have not been forthcoming, it may file a petition for hearing, pursuant to ss. 120.569 and 120.57, on the question of the inactivity of the district. The proceedings and hearings required by ss. 189.416-189.422 shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services and shall be governed by the provisions of the Administrative Procedure Act. Such hearing shall be held in the county in which the district is located, pursuant to all the applicable provisions of chapter 120. Notice of the hearing shall be served on the district's registered agent and published at least once a week for 2 successive weeks prior to the hearing in a newspaper of general circulation in the area affected. The notice shall state the time, place, and nature of the hearing and that all interested parties may appear and be heard. Within 30 days of the hearing, the administrative law judge shall file a report with the department in the manner provided in chapter 120.

History.--s. 10, ch. 79-183; s. 79, ch. 81-259; s. 27, ch. 89-169; s. 80, ch. 92-279; s. 55, ch. 92-326; s. 961, ch. 95-147; s. 32, ch. 96-410; s. 20, ch. 97-255.

Note.--Former s. 189.008.