Senate Bill 1032
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1032
By Senator Rossin
35-930-98 See CS/HB 3269
1 A bill to be entitled
2 An act relating to special districts; amending
3 s. 189.4042, F.S.; specifying procedures for
4 merger or dissolution of independent special
5 districts created by a county or municipality;
6 amending s. 189.405, F.S.; revising the amount
7 of the filing fee and the number of required
8 signatures on petitions in provisions which
9 specify how candidates for the governing board
10 of certain single-county and multicounty
11 special districts shall qualify; amending s.
12 189.429, F.S., and s. 15, ch. 97-256, Laws of
13 Florida, which require special districts,
14 including fire control districts, to submit
15 draft codified charters to the Legislature;
16 revising the deadline and requirements for such
17 codification; providing that the Legislature
18 may adopt a schedule for codification; amending
19 s. 215.425, F.S.; authorizing extra
20 compensation for special district employees
21 pursuant to resolution; amending s. 191.006,
22 F.S., relating to powers of independent special
23 fire control districts, to conform; providing
24 effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (2) of section 189.4042, Florida
29 Statutes, is amended to read:
30 189.4042 Merger and dissolution procedures.--
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Florida Senate - 1998 SB 1032
35-930-98 See CS/HB 3269
1 (2) The merger or dissolution of an independent
2 special district or a dependent district created and operating
3 pursuant to a special act may only be effectuated by the
4 Legislature unless otherwise provided by general law. If an
5 independent district was created by a county or municipality,
6 the county or municipality that created the district may merge
7 or dissolve the district pursuant to the same procedure by
8 which the independent district was created; however, for any
9 such independent district that has ad valorem taxation powers,
10 the same procedure required to grant such independent district
11 ad valorem taxation powers shall also be required to dissolve
12 or merge the district.
13 Section 2. Effective January 1 of the year following
14 the year in which this act is enacted, paragraph (c) of
15 subsection (2) and paragraph (b) of subsection (3) of section
16 189.405, Florida Statutes, are amended to read:
17 189.405 Elections; general requirements and
18 procedures.--
19 (2)
20 (c) A candidate for a position on a governing board of
21 a single-county special district that has its elections
22 conducted by the supervisor of elections shall qualify for the
23 office with the county supervisor of elections in whose
24 jurisdiction the district is located. Elections for governing
25 board members elected by registered electors shall be
26 nonpartisan, except when partisan elections are specified by a
27 district's charter. Candidates shall may qualify by paying a
28 filing fee equal to 3 percent of the salary or honorarium paid
29 for the office, or a filing fee of $25, whichever is more.
30 Alternatively, candidates may qualify or by submitting a
31 petition that contains the signatures of at least 3 percent of
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Florida Senate - 1998 SB 1032
35-930-98 See CS/HB 3269
1 the district's registered electors, or any lesser amount of
2 signatures directed by chapter 99, chapter 582, or other
3 general or special law. No election or party assessment shall
4 be levied if the election is nonpartisan. The qualifying fee
5 shall be remitted to the general revenue fund of the
6 qualifying officer to help defray the cost of the election.
7 The petition form shall be submitted and checked in the same
8 manner as those for nonpartisan judicial candidates pursuant
9 to s. 105.035.
10 (3)
11 (b) With the exception of those districts conducting
12 elections on a one-acre/one-vote basis, qualifying for
13 multicounty special district governing board positions shall
14 be coordinated by the Department of State. Elections for
15 governing board members elected by registered electors shall
16 be nonpartisan, except when partisan elections are specified
17 by a district's charter. Candidates shall may qualify by
18 paying a filing fee equal to 3 percent of the salary or
19 honorarium paid for the office, or a filing fee of $25,
20 whichever is more. Alternatively, candidates may qualify or by
21 submitting a petition that contains the signatures of at least
22 3 percent of the district's registered electors, or any lesser
23 amount of signatures directed by chapter 99, chapter 582, or
24 other general or special law. No election or party assessment
25 shall be levied if the election is nonpartisan. The
26 qualifying fee shall be remitted to the Department of State.
27 The petition form shall be submitted and checked in the same
28 manner as those for nonpartisan judicial candidates pursuant
29 to s. 105.035.
30 Section 3. Section 189.429, Florida Statutes, is
31 amended to read:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1032
35-930-98 See CS/HB 3269
1 189.429 Codification.--Each district, by December 1,
2 2004 2001, or when any act relating to such district is
3 introduced to the Legislature, whichever is first, shall
4 submit to the Legislature a draft codified charter, at its
5 expense, so that its special acts may be codified into a
6 single act for reenactment by the Legislature, if there is
7 more than one special act for the district. The Legislature
8 may adopt a schedule for individual district codification. No
9 changes may be made to a district's charter as it exists on
10 October 1, 1997, in the legislation codifying its special
11 acts. Any codified act relating to a district, which act is
12 submitted to the Legislature for reenactment, shall provide
13 for the repeal of all prior special acts of the Legislature
14 relating to the district. The codified act shall be filed
15 with the department pursuant to s. 189.418(2).
16 Section 4. Section 15 of chapter 97-256, Laws of
17 Florida, is amended to read:
18 Section 15. Codification.--Each fire control district
19 existing on the effective date of this section, by December 1,
20 2004 2001, or when any act relating to such district is
21 introduced to the Legislature, whichever is first, shall
22 submit to the Legislature a draft codified charter, at its
23 expense, so that its special acts may be codified into a
24 single act for reenactment by the Legislature, if there is
25 more than one special act for the district. The Legislature
26 may adopt a schedule for individual district codification. Any
27 codified act relating to a district, which act is submitted to
28 the Legislature for reenactment, shall provide for the repeal
29 of all prior special acts of the Legislature relating to the
30 district. The codified act shall be filed with the Department
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Florida Senate - 1998 SB 1032
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1 of Community Affairs pursuant to s. 189.418(2), Florida
2 Statutes.
3 Section 5. Section 215.425, Florida Statutes, is
4 amended to read:
5 215.425 Extra compensation claims prohibited.--No
6 extra compensation shall be made to any officer, agent,
7 employee, or contractor after the service has been rendered or
8 the contract made; nor shall any money be appropriated or paid
9 on any claim the subject matter of which has not been provided
10 for by preexisting laws, unless such compensation or claim is
11 allowed by a law enacted by two-thirds of the members elected
12 to each house of the Legislature. However, when adopting
13 salary schedules for a fiscal year, a district school board or
14 community college district board of trustees may apply the
15 schedule for payment of all services rendered subsequent to
16 July 1 of that fiscal year. The provisions of this section do
17 not apply to extra compensation given to state employees who
18 are included within the senior management group pursuant to
19 rules adopted by the Department of Management Services; to
20 extra compensation given to county, or municipal, or special
21 district employees pursuant to policies adopted by county or
22 municipal ordinances or resolutions of governing boards of
23 special districts; or to a clothing and maintenance allowance
24 given to plainclothes deputies pursuant to s. 30.49.
25 Section 6. Subsection (2) of section 191.006, Florida
26 Statutes, is amended to read:
27 191.006 General powers.--The district shall have, and
28 the board may exercise by majority vote, the following powers:
29 (2) To provide for a pension or retirement plan for
30 its employees. In accordance with Notwithstanding the
31 prohibition against extra compensation as provided in s.
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Florida Senate - 1998 SB 1032
35-930-98 See CS/HB 3269
1 215.425, the board may provide for an extra compensation
2 program, including a lump-sum bonus payment program, to reward
3 outstanding employees whose performance exceeds standards, if
4 the program provides that a bonus payment may not be included
5 in an employee's regular base rate of pay and may not be
6 carried forward in subsequent years.
7 Section 7. Except as otherwise provided herein, this
8 act shall take effect upon becoming a law.
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11 SENATE SUMMARY
12 Provides procedures for the merger or dissolution of
independent special districts. Revises the filing fee and
13 petition requirements to qualify for election to a
special district governing board. Revises the deadline
14 and requirements for submission of codified charters to
the Legislature. Authorizes extra compensation for
15 special district employees by resolution of the governing
board.
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