CODING: Words stricken are deletions; words underlined are additions.

House Bill 1683e1

CS/HB 1683, First Engrossed 1 A bill to be entitled 2 An act relating to local government; amending 3 s. 11.45, F.S.; revising provisions which 4 provide requirements for annual financial 5 audits of local governmental entities by 6 independent certified public accountants; 7 requiring the auditor to notify each member of 8 the governing body of such an entity of certain 9 deteriorating financial conditions; providing 10 duties of the Auditor General upon 11 identification of information in an audit 12 report that indicates a local governmental 13 entity may be in a state of financial 14 emergency; amending s. 125.901, F.S.; 15 correcting a reference; amending s. 165.041, 16 F.S., relating to merger of local government 17 entities, to conform; amending s. 189.403, 18 F.S.; redefining "dependent special district" 19 and defining "public facilities" under the 20 Uniform Special District Accountability Act of 21 1989; providing that, for purposes of the ad 22 valorem tax exemption for governmental units, 23 special districts shall be treated as 24 municipalities; providing for retroactive 25 effect; amending s. 189.4031, F.S.; removing 26 provisions relating to applicability to certain 27 dependent special districts; requiring 28 independent special district charters to 29 contain certain information; amending s. 30 189.404, F.S.; deleting a requirement that the 31 law creating an independent special district 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 provide a method for dissolving the district; 2 specifying that only the Legislature may create 3 an independent special district, except as 4 otherwise authorized by law; requiring a status 5 statement in a district charter; amending s. 6 189.4041, F.S.; providing requirements for 7 creation of dependent special districts by 8 county or municipal ordinance; amending s. 9 189.4042, F.S.; providing merger and 10 dissolution requirements for special districts; 11 repealing s. 189.4043, F.S., which provides 12 special district dissolution procedures; 13 amending s. 189.4044, F.S.; providing 14 procedures and requirements for declaration 15 that a district is inactive; amending s. 16 189.4045, F.S.; revising provisions relating to 17 financial allocations upon merger or 18 dissolution; creating s. 189.4047, F.S.; 19 providing for refund of special assessments 20 levied by a dependent special district under 21 certain conditions; providing for retroactive 22 effect; amending s. 189.405, F.S.; revising 23 election procedures and requirements for 24 special districts; providing method of 25 qualifying and providing for fees; amending s. 26 189.4051, F.S.; revising the special 27 requirements and procedures for elections for 28 districts with governing boards elected on a 29 one-acre/one-vote basis; amending s. 189.412, 30 F.S.; revising provisions relating to the 31 duties of the Special District Information 2 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Program; removing the requirement for 2 organization of a biennial conference; amending 3 s. 189.415, F.S.; revising requirements 4 relating to special districts' public 5 facilities reports and providing for annual 6 notice of changes thereto; amending s. 7 189.4155, F.S.; revising requirements relating 8 to consistency of special district facilities 9 with local government comprehensive plans and 10 providing that such requirements do not apply 11 to certain spoil disposal sites; providing that 12 certain ports are deemed to be in compliance 13 with said section; amending s. 189.416, F.S.; 14 revising the time for designation of a 15 registered office and agent; amending s. 16 189.417, F.S.; requiring publication of special 17 district meeting schedules and revising 18 requirements for filing such schedules; 19 amending s. 189.421, F.S.; revising provisions 20 relating to initiation of enforcement 21 proceedings against districts that fail to file 22 certain reports; amending s. 189.422, F.S.; 23 revising provisions which authorize department 24 action if a district is determined to be 25 inactive or if failure to file reports is 26 determined to be volitional; amending s. 27 189.425, F.S.; revising provisions relating to 28 rulemaking authority; creating s. 189.428, 29 F.S.; establishing an oversight review process 30 for special districts and providing 31 requirements with respect thereto; specifying 3 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 who should carry out the review; providing 2 review criteria; providing for a final report 3 and providing requirements for a plan for 4 merger or dissolution of a district under 5 review; providing exemptions; requiring 6 districts to submit a draft codified charter so 7 that their special acts may be codified by the 8 Legislature; amending s. 196.012, F.S.; 9 revising provisions which specify when a 10 governmental, municipal, or public purpose is 11 deemed to be served by a lessee of government 12 property for ad valorem tax exemption purposes; 13 specifying additional activities that are 14 deemed to serve such purposes; amending s. 15 200.069, F.S.; authorizing inclusion in the 16 notice of proposed property taxes of a notice 17 of adopted non-ad valorem assessments and 18 providing requirements with respect thereto; 19 providing effective dates. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (a) of subsection (3) of section 24 11.45, Florida Statutes, 1996 Supplement, is amended to read: 25 11.45 Definitions; duties; audits; reports.-- 26 (3)(a)1. The Auditor General shall annually make 27 financial audits of the accounts and records of all state 28 agencies, as defined in this section, of all district school 29 boards, and of all district boards of trustees of community 30 colleges. This section does not limit the Auditor General's 31 discretionary authority to conduct performance audits of these 4 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 governmental entities as authorized in subparagraph 2. A 2 district school board may select an independent auditor to 3 perform a financial audit as defined in paragraph (1)(b) 4 notwithstanding the notification provisions of this section. 5 In addition, a district school board may employ an internal 6 auditor to perform ongoing financial verification of the 7 financial records of a school district who must report 8 directly to the district school board or its designee. 9 2. The Auditor General may at any time make financial 10 audits and performance audits of the accounts and records of 11 all governmental entities created pursuant to law. The audits 12 referred to in this subparagraph must be made whenever 13 determined by the Auditor General, whenever directed by the 14 Legislative Auditing Committee, or whenever otherwise required 15 by law or concurrent resolution. A district school board, 16 expressway authority, or bridge authority may require that the 17 annual financial audit of its accounts and records be 18 completed within 12 months after the end of its fiscal year. 19 If the Auditor General is unable to meet that requirement, the 20 Auditor General shall notify the school board, the expressway 21 authority, or the bridge authority pursuant to subparagraph 4. 22 3. The Office of Program Policy Analysis and 23 Government Accountability within the Office of the Auditor 24 General shall maintain a schedule of performance audits of 25 state programs. In conducting a performance audit of a state 26 program, the Office of Program Policy Analysis and Government 27 Accountability, when appropriate, shall identify and comment 28 upon alternatives for accomplishing the goals of the program 29 being audited. Such alternatives may include funding 30 techniques and, if appropriate, must describe how other states 31 or governmental units accomplish similar goals. 5 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 4. If by July 1 in any fiscal year a district school 2 board or local governmental entity has not been notified that 3 a financial audit for that fiscal year will be performed by 4 the Auditor General pursuant to subparagraph 2., each 5 municipality with either revenues or expenditures of more than 6 $100,000, each special district with either revenues or 7 expenditures of more than $50,000, and each county agency 8 shall, and each district school board may, require that an 9 annual financial audit of its accounts and records be 10 completed, within 12 months after the end of its respective 11 fiscal year, by an independent certified public accountant 12 retained by it and paid from its public funds. An independent 13 certified public accountant who is selected to perform an 14 annual financial audit of a school district must report 15 directly to the district school board or its designee. A 16 management letter must be prepared and included as a part of 17 each financial audit report. Each local government finance 18 commission, board, or council, and each municipal power 19 corporation, created as a separate legal or administrative 20 entity by interlocal agreement under s. 163.01(7), shall 21 provide the Auditor General, within 12 months after the end of 22 its fiscal year, with an annual financial audit report of its 23 accounts and records and a written statement or explanation or 24 rebuttal concerning the auditor's comments, including 25 corrective action to be taken. The county audit shall be one 26 document that includes a separate audit of each county agency. 27 The county audit must include an audit of the deposits into 28 and expenditures from the Public Records Modernization Trust 29 Fund. The Auditor General shall tabulate the results of the 30 audits of the Public Records Modernization Trust Fund and 31 report a summary of the audits to the Legislature annually. 6 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 5. The governing body of a municipality or a special 2 district must establish an auditor selection committee and 3 competitive auditor selection procedures. The governing board 4 may elect to use its own competitive auditor selection 5 procedures or the procedures outlined in subparagraph 6. 6 6. The governing body of a noncharter county or 7 district school board that elects to use a certified public 8 accountant other than the Auditor General is responsible for 9 selecting an independent certified public accountant to audit 10 the county agencies of the county or district school board 11 according to the following procedure: 12 a. For each noncharter county, an auditor selection 13 committee must be established, consisting of the county 14 officers elected pursuant to s. 1(d), Art. VIII of the State 15 Constitution, and one member of the board of county 16 commissioners or its designee. 17 b. The committee shall publicly announce, in a uniform 18 and consistent manner, each occasion when auditing services 19 are required to be purchased. Public notice must include a 20 general description of the audit and must indicate how 21 interested certified public accountants can apply for 22 consideration. 23 c. The committee shall encourage firms engaged in the 24 lawful practice of public accounting who desire to provide 25 professional services to submit annually a statement of 26 qualifications and performance data. 27 d. Any certified public accountant desiring to provide 28 auditing services must first be qualified pursuant to law. The 29 committee shall make a finding that the firm or individual to 30 be employed is fully qualified to render the required 31 services. Among the factors to be considered in making this 7 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 finding are the capabilities, adequacy of personnel, past 2 record, and experience of the firm or individual. 3 e. The committee shall adopt procedures for the 4 evaluation of professional services, including, but not 5 limited to, capabilities, adequacy of personnel, past record, 6 experience, results of recent external quality control 7 reviews, and such other factors as may be determined by the 8 committee to be applicable to its particular requirements. 9 f. The public must not be excluded from the 10 proceedings under this subparagraph. 11 g. The committee shall evaluate current statements of 12 qualifications and performance data on file with the 13 committee, together with those that may be submitted by other 14 firms regarding the proposed audit, and shall conduct 15 discussions with, and may require public presentations by, no 16 fewer than three firms regarding their qualifications, 17 approach to the audit, and ability to furnish the required 18 services. 19 h. The committee shall select no fewer than three 20 firms deemed to be the most highly qualified to perform the 21 required services after considering such factors as the 22 ability of professional personnel; past performance; 23 willingness to meet time requirements; location; recent, 24 current, and projected workloads of the firms; and the volume 25 of work previously awarded to the firm by the agency, with the 26 object of effecting an equitable distribution of contracts 27 among qualified firms, provided such distribution does not 28 violate the principle of selection of the most highly 29 qualified firms. If fewer than three firms desire to perform 30 the services, the committee shall recommend such firms as it 31 determines to be qualified. 8 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 i. If the governing board receives more than one 2 proposal for the same engagement, the board may rank, in order 3 of preference, the firms to perform the engagement. The firm 4 ranked first may then negotiate a contract with the board 5 giving, among other things, a basis of its fee for that 6 engagement. If the board is unable to negotiate a 7 satisfactory contract with that firm, negotiations with that 8 firm shall be formally terminated, and the board shall then 9 undertake negotiations with the second-ranked firm. Failing 10 accord with the second-ranked firm, negotiations shall then be 11 terminated with that firm and undertaken with the third-ranked 12 firm. Negotiations with the other ranked firms shall be 13 undertaken in the same manner. The board, in negotiating with 14 firms, may reopen formal negotiations with any one of the 15 three top-ranked firms, but it may not negotiate with more 16 than one firm at a time. The board shall also negotiate on the 17 scope and quality of services. In making such determination, 18 the board shall conduct a detailed analysis of the cost of the 19 professional services required in addition to considering 20 their scope and complexity. For contracts over $50,000, the 21 board shall require the firm receiving the award to execute a 22 truth-in-negotiation certificate stating that the rates of 23 compensation and other factual unit costs supporting the 24 compensation are accurate, complete, and current at the time 25 of contracting. Such certificate shall also contain a 26 description and disclosure of any understanding that places a 27 limit on current or future years' audit contract fees, 28 including any arrangements under which fixed limits on fees 29 will not be subject to reconsideration if unexpected 30 accounting or auditing issues are encountered. Such 31 certificate shall also contain a description of any services 9 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 rendered by the certified public accountant or firm of 2 certified public accountants at rates or terms that are not 3 customary. Any auditing service contract under which such a 4 certificate is required must contain a provision that the 5 original contract price and any additions thereto shall be 6 adjusted to exclude any significant sums by which the board 7 determines the contract price was increased due to inaccurate 8 or incomplete factual unit costs. All such contract 9 adjustments shall be made within 1 year following the end of 10 the contract. 11 j. If the board is unable to negotiate a satisfactory 12 contract with any of the selected firms, the committee shall 13 select additional firms, and the board shall continue 14 negotiations in accordance with this subsection until an 15 agreement is reached. 16 7. At the conclusion of the audit field work, the 17 independent certified public accountant shall discuss with the 18 head of each local governmental entity or the chair's designee 19 or with the chair of the district school board or the chair's 20 designee, as appropriate, all of the auditor's comments that 21 will be included in the audit report. If the officer is not 22 available to discuss the auditor's comments, their discussion 23 is presumed when the comments are delivered in writing to his 24 or her office. The auditor shall notify each member of the 25 governing body of a local governmental entity for which 26 deteriorating financial conditions exist which may cause a 27 condition described in s. 218.503(1) to occur if actions are 28 not taken to address such conditions. 29 8. The officer's written statement of explanation or 30 rebuttal concerning the auditor's comments, including 31 corrective action to be taken, must be filed with the 10 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 governing body of the local governmental entity or district 2 school board within 30 days after the delivery of the 3 financial audit report. 4 9. The Auditor General, in consultation with the Board 5 of Accountancy, shall adopt rules for the form and conduct of 6 all local governmental entity audits. The rules must include, 7 but are not limited to, requirements for the reporting of 8 information necessary to carry out the purposes of the Local 9 Government Financial Emergencies Act as stated in s. 218.501. 10 10. Any local governmental entity or district school 11 board financial audit report required under subparagraph 4. 12 and the officer's written statement of explanation or rebuttal 13 concerning the auditor's comments, including corrective action 14 to be taken, must be submitted to the Auditor General within 15 45 days after delivery of the audit report to the local 16 governmental entity or district school board but no later than 17 12 months after the end of the fiscal year. If the Auditor 18 General does not receive the financial audit report within the 19 prescribed period, he or she must notify the Legislative 20 Auditing Committee that the governmental entity has not 21 complied with this subparagraph. Following notification of 22 failure to submit the required audit report or items required 23 by rule adopted by the Auditor General, a hearing must be 24 scheduled by rule of the committee. After the hearing, the 25 committee shall determine which local governmental entities 26 will be subjected to further state action. If it finds that 27 one or more local governmental entities should be subjected to 28 further state action, the committee shall: 29 a. In the case of a local governmental entity, request 30 the Department of Revenue and the Department of Banking and 31 Finance to withhold any funds payable to such governmental 11 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 entity until the required financial audit is received by the 2 Auditor General. 3 b. In the case of a special district, notify the 4 Department of Community Affairs that the special district has 5 failed to provide the required audits. Upon receipt of 6 notification, the Department of Community Affairs shall 7 proceed pursuant to ss. 189.421 and 189.422. 8 11.a. The Auditor General, in consultation with the 9 Board of Accountancy, shall review all audit reports submitted 10 by local governmental entities pursuant to subparagraph 9. The 11 Auditor General shall request any significant items that were 12 omitted in violation of a rule adopted by the Auditor General. 13 The items must be provided within 45 days after the date of 14 the request. If the Auditor General does not receive the 15 requested items, he shall notify the Joint Legislative 16 Auditing Committee. 17 b. The Auditor General shall notify the Governor and 18 the Joint Legislative Auditing Committee of any audit report 19 reviewed by the Auditor General which contains a statement 20 that the local governmental entity is in a state of financial 21 emergency as provided in s. 218.503. If the Auditor General, 22 in reviewing any audit report, identifies additional 23 information which indicates that the local governmental entity 24 may be in a state of financial emergency as provided in s. 25 218.503, the Auditor General shall request appropriate 26 clarification from the local governmental entity. The 27 requested clarification must be provided within 45 days after 28 the date of the request. If the Auditor General does not 29 receive the requested clarification, he or she shall notify 30 the Joint Legislative Auditing Committee. If, after obtaining 31 the requested clarification, the Auditor General determines 12 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 that the local governmental entity is in a state of financial 2 emergency as provided in s. 218.503, he or she shall notify 3 the Governor and the Joint Legislative Auditing Committee. 4 12. In conducting a performance audit of any agency, 5 the Auditor General shall use the Agency Strategic Plan of the 6 agency in evaluating the performance of the agency. 7 Section 2. Subsection (4) of section 125.901, Florida 8 Statutes, is amended to read: 9 125.901 Children's services; independent special 10 district; council; powers, duties, and functions.-- 11 (4) Any district created pursuant to the provisions of 12 this section may be dissolved by a special act of the 13 Legislature, or the county governing body may by ordinance 14 dissolve the district subject to the approval of the 15 electorate. If any district is dissolved pursuant to the 16 provisions of this subsection, each county shall first 17 obligate itself to assume the debts, liabilities, contracts, 18 and outstanding obligations of the district within the total 19 millage available to the county governing body for all county 20 and municipal purposes as provided for under s. 9, Art. VII of 21 the State Constitution. Any district may also be dissolved 22 pursuant to the provisions of s. 189.4042 189.4043 or s. 23 189.4044. 24 Section 3. Section 165.041, Florida Statutes, 1996 25 Supplement, is amended to read: 26 165.041 Incorporation; merger.-- 27 (1)(a) A charter for incorporation of a municipality, 28 except in case of a merger which is adopted as otherwise 29 provided in subsections (2) and, (3), and (4), shall be 30 adopted only by a special act of the Legislature upon 31 13 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 determination that the standards herein provided have been 2 met. 3 (b) To inform the Legislature on the feasibility of a 4 proposed incorporation of a municipality, a feasibility study 5 shall be completed and submitted to the Legislature in 6 conjunction with a proposed special act for the enactment of 7 the municipal charter. Such feasibility study shall contain 8 the following: 9 1. Data and analysis to support the conclusions that 10 incorporation is necessary and financially feasible, including 11 population projections and population density calculations, 12 and an explanation concerning methodologies used for such 13 analysis. 14 2. Evaluation of the alternatives available to the 15 area to address its policy concerns. 16 3. Evidence that the proposed municipality meets the 17 requirements for incorporation pursuant to s. 165.061. 18 (c) In counties that have adopted a municipal overlay 19 for municipal incorporation pursuant to s. 163.3217, such 20 information shall be submitted to the Legislature in 21 conjunction with any proposed municipal incorporation in the 22 county. This information should be used to evaluate the 23 feasibility of a proposed municipal incorporation in the 24 geographic area. 25 (2)(a) A charter for merger of two or more 26 municipalities and associated unincorporated areas may also be 27 adopted by passage of a concurrent ordinance by the governing 28 bodies of each municipality affected, approved by a vote of 29 the qualified voters in each area affected. 30 (b) The ordinance shall provide for: 31 1. The charter and its effective date. 14 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 2. The financial or other adjustments required. 2 3. A referendum for separate majorities by each unit 3 or area to be affected. 4 4. The date of election, which should be the next 5 regularly scheduled election or a special election held prior 6 to such election, if approved by a majority of the members of 7 the governing body of each governmental unit affected, but no 8 sooner than 30 days after passage of the ordinance. 9 (c) Notice of the election shall be published at least 10 once each week for 2 consecutive weeks immediately prior to 11 the election, in a newspaper of general circulation in the 12 area to be affected. Such notice shall give the time and 13 places for the election and a general description of the area 14 to be included in the municipality, which shall be in the form 15 of a map to show clearly the area to be covered by the 16 municipality. 17 (3) The merger of one or more municipalities or 18 counties with special districts, or of two or more special 19 districts, may also be adopted by passage of a concurrent 20 ordinance or, in the case of special districts, resolution by 21 the governing bodies of each unit to be affected. 22 (3)(4)(a) Initiation of procedures for municipal 23 incorporation by merger as described in subsection subsections 24 (2) and (3) may be done either by adoption of a resolution by 25 the governing body of an area to be affected or by a petition 26 of 10 percent of the qualified voters in the area. 27 (b) If a petition has been filed with the clerks of 28 the governing bodies concerned, the governing bodies shall 29 immediately undertake a study of the feasibility of the 30 formation proposal and shall, within 6 months, either adopt an 31 ordinance under subsection (2) or subsection (3) or reject the 15 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 petition, specifically stating the facts upon which the 2 rejection is based. 3 (c) The purpose of this subsection is to provide broad 4 citizen involvement in both initiating and developing their 5 local government; therefore, establishment of appropriate 6 citizen advisory committees, as well as other mechanisms for 7 citizen involvement, by the governing bodies of the units 8 affected is specifically authorized and encouraged. 9 Section 4. (1) Subsections (1) and (2) of section 10 189.403, Florida Statutes, are amended, and subsection (7) is 11 added to said section, to read: 12 189.403 Definitions.--As used in this chapter, the 13 term: 14 (1) "Special district" means a local unit of special 15 purpose, as opposed to general-purpose, government within a 16 limited boundary, created by general law, special act, local 17 ordinance, or by rule of the Governor and Cabinet. The 18 special purpose or purposes of special districts are 19 implemented by specialized functions and related prescribed 20 powers. For the purpose of s. 196.199(1), special districts 21 shall be treated as municipalities. The term does not include 22 a school district, a community college district, a special 23 improvement district created pursuant to s. 285.17, a 24 municipal service taxing or benefit unit as specified in s. 25 125.01, or a board which provides electrical service and which 26 is a political subdivision of a municipality or is part of a 27 municipality. 28 (2) "Dependent special district" means a special 29 district that meets at least one of the following criteria: 30 31 16 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (a) The membership of its governing body is identical 2 to that of the governing body of a single county or a single 3 municipality. 4 (b) All members of its governing body are appointed by 5 the governing body of a single county or a single 6 municipality. 7 (c) During their unexpired terms, members of the 8 special district's governing body are subject to removal at 9 will by the governing body of a single county or a single 10 municipality. 11 (d) The district has a budget that requires approval 12 through an affirmative vote or can be vetoed by the governing 13 body of a single county or a single municipality. 14 15 This subsection is for purposes of definition only. Nothing 16 in this subsection confers additional authority upon local 17 governments not otherwise authorized by the provisions of the 18 special acts or general acts of local application creating 19 each special district, as amended. 20 (7) "Public facilities" means major capital 21 improvements, including, but not limited to, transportation 22 facilities, sanitary sewer facilities, solid waste facilities, 23 water management and control facilities, potable water 24 facilities, alternative water systems, educational facilities, 25 parks and recreational facilities, health systems and 26 facilities, and, except for spoil disposal by those ports 27 listed in s. 311.09(1), spoil disposal sites for maintenance 28 dredging in waters of the state. 29 (2) The amendment to s. 189.403(1), Florida Statutes, 30 by this section shall take effect upon this act becoming a law 31 and shall apply to the 1995 tax rolls and thereafter. 17 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Section 5. Section 189.4031, Florida Statutes, is 2 amended to read: 3 189.4031 Special districts; requirements; charter 4 requirements.-- 5 (1) All special districts, regardless of the existence 6 of other, more specific provisions of applicable law, shall 7 comply with the creation, dissolution, and reporting 8 requirements set forth in this chapter. For a dependent 9 special district created by special act prior to October 1, 10 1989, nothing herein is intended to confer new power upon the 11 general-purpose local government, nor reduce the powers of the 12 dependent special district, relating to budget development or 13 approval in contradiction to the provisions of the special 14 act. 15 (2) Notwithstanding any general law, special act, or 16 ordinance of a local government to the contrary, any 17 independent special district charter enacted after the 18 effective date of this section shall contain the information 19 required by s. 189.404(3). 20 Section 6. Paragraph (c) of subsection (3) and 21 subsection (4) of section 189.404, Florida Statutes, are 22 amended, and subsection (5) is added to said section, to read: 23 189.404 Legislative intent for the creation of 24 independent special districts; special act prohibitions; model 25 elements and other requirements; general-purpose local 26 government/Governor and Cabinet creation authorizations.-- 27 (3) MINIMUM REQUIREMENTS.--General laws or special 28 acts that create or authorize the creation of independent 29 special districts and are enacted after September 30, 1989, 30 must address and require the following in their charters: 31 18 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (c) The methods for establishing and dissolving the 2 district. 3 (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION 4 AUTHORIZATIONS.--Except as otherwise authorized by general 5 law, only the Legislature may create independent special 6 districts. 7 (a) A municipality may create an independent special 8 district which shall be established by ordinance in accordance 9 with s. 190.005, or as otherwise authorized in general law. 10 (b) A county may create an independent special 11 district which shall be adopted by a charter in accordance 12 with s. 125.901 or s. 154.331 or chapter 155, or which shall 13 be established by ordinance in accordance with s. 190.005, or 14 as otherwise authorized by general law. 15 (c) The Governor and Cabinet may create an independent 16 special district which shall be established by rule in 17 accordance with s. 190.005, in accordance with s. 374.075, or 18 as otherwise authorized in general law. The Governor and 19 Cabinet may also approve the establishment of a charter for 20 the creation of an independent special district which shall be 21 in accordance with s. 373.1962, or as otherwise authorized in 22 general law. 23 (d)1. Any combination of two or more counties may 24 create a regional special district which shall be established 25 in accordance with s. 950.001, or as otherwise authorized in 26 general law. 27 2. Any combination of two or more counties or 28 municipalities may create a regional special district which 29 shall be established in accordance with s. 373.1962, or as 30 otherwise authorized by general law. 31 19 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 3. Any combination of two or more counties, 2 municipalities, or other political subdivisions may create a 3 regional special district in accordance with s. 163.567, or as 4 otherwise authorized in general law. 5 (5) STATUS STATEMENT.--After October 1, 1997, the 6 charter of any newly created special district shall contain 7 and, as practical, the charter of a preexisting special 8 district shall be amended to contain, a reference to the 9 status of the special district as dependent or independent. 10 When necessary, the status statement shall be amended to 11 conform with the department's determination or declaratory 12 statement regarding the status of the district. 13 Section 7. Section 189.4041, Florida Statutes, is 14 amended to read: 15 189.4041 Dependent special districts created after 16 September 30, 1989.-- 17 (1) A charter for the creation of a dependent special 18 district created after September 30, 1989, shall be adopted 19 only by ordinance of a county or municipal governing body 20 having jurisdiction over the area affected. 21 (2) A county is authorized to create dependent special 22 districts within the boundary lines of the county, subject to 23 the approval of the governing body of the incorporated area 24 affected. 25 (3) A municipality is authorized to create dependent 26 special districts within the boundary lines of the 27 municipality. 28 (4) Dependent special districts created by a county or 29 municipality shall be created by adoption of an ordinance that 30 includes: 31 20 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (a) The purpose, powers, functions, and duties of the 2 district. 3 (b) The geographic boundary limitations of the 4 district. 5 (c) The authority of the district. 6 (d) An explanation of why the district is the best 7 alternative. 8 (e) The membership, organization, compensation, and 9 administrative duties of the governing board. 10 (f) The applicable financial disclosure, noticing, and 11 reporting requirements. 12 (g) The methods for financing the district. 13 (h) A declaration that the creation of the district is 14 consistent with the approved local government comprehensive 15 plans. 16 Section 8. Section 189.4042, Florida Statutes, is 17 amended to read: 18 189.4042 Merger and dissolution procedures.-- 19 (1)(a) The merger or dissolution of dependent one or 20 more municipalities or counties with special districts, may be 21 effectuated by an ordinance of the general-purpose local 22 governmental entity wherein the geographical area of the 23 district or districts is located or the merger of two or more 24 special districts, may be adopted by passage of a concurrent 25 ordinance or, in the case of special districts, resolution by 26 the governing bodies of each unit to be affected. However, a 27 county may not dissolve a special district that is dependent 28 to a municipality or vice versa, or a dependent district 29 created by special act. 30 (2)(a) Initiation of procedures for merger of special 31 districts as described in subsection (1) may be done either by 21 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 adoption of a resolution by the governing body of an area to 2 be affected or by a petition of 10 percent of the qualified 3 voters in the area. 4 (b) If a petition has been filed with the governing 5 bodies concerned, the governing bodies shall immediately 6 undertake a study of the feasibility of the merger proposal 7 and shall, within 6 months, either adopt a resolution under 8 subsection (1) or reject the petition, specifically stating 9 the facts upon which the rejection is based. 10 (b)(c) A copy of any ordinance and of any changes to a 11 the proposed charter affecting the status or boundaries of one 12 or more special districts or merger agreement shall be filed 13 with the Special District Information Program within 30 days 14 after the effective date of such activity the merger with the 15 Special District Information Program and each local 16 general-purpose government within which the district is 17 located. 18 (d) The purpose of this subsection is to provide broad 19 citizen involvement in both initiating and developing special 20 districts; therefore, establishment of appropriate citizen 21 advisory committees, as well as other mechanisms for citizen 22 involvement, by the governing bodies of the units affected is 23 specifically authorized and encouraged. 24 (2) The merger or dissolution of an independent 25 special district or a dependent district created and operating 26 pursuant to a special act may only be effectuated by the 27 Legislature unless otherwise provided by general law. If an 28 independent district was created by a county or municipality, 29 the county or municipality that created the district may merge 30 or dissolve the district. 31 22 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (3) The provisions of this section shall not apply to 2 community development districts implemented pursuant to 3 chapter 190 or to water management districts created and 4 operated pursuant to chapter 373. 5 Section 9. Section 189.4043, Florida Statutes, is 6 hereby repealed. 7 Section 10. Section 189.4044, Florida Statutes, is 8 amended to read: 9 189.4044 Special dissolution procedures for inactive 10 districts.-- 11 (1) The department Secretary of State by proclamation 12 shall declare inactive any special district in this state by 13 filing upon a report with the Speaker of the House of 14 Representatives and the President of the Senate being filed by 15 the department which shows that such special district is no 16 longer active. The inactive status of the special district 17 must be, based upon a finding: 18 (a) That the special district meets one of the 19 following criteria: has not had appointed or elected a 20 governing body within the 4 years immediately preceding or as 21 otherwise provided by law or has not operated within the 2 22 years immediately preceding; 23 1. The district has taken no action for 2 calendar 24 years; 25 2. The district has not had a governing board or a 26 sufficient number of governing board members to constitute a 27 quorum for 18 or more months; 28 3. The district has failed to file or make a good 29 faith effort to file any of the reports listed in s. 189.419; 30 or 31 23 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 4. The district has failed, for 2 consecutive fiscal 2 years, to pay fees assessed by the Special District 3 Information Program pursuant to this chapter. 4 (b) That a notice of the proposed declaration 5 proclamation has been published once a week for 4 weeks in a 6 newspaper of general circulation within the county or 7 municipality wherein the territory of the special district is 8 located, stating the name of said special district, the law 9 under which it was organized and operating, a general 10 description of the territory included in said special 11 district, and stating that any objections to the proposed 12 declaration proclamation or to any claims against the assets 13 debts of said special district shall be filed not later than 14 60 days following the date of last publication with the 15 department; and 16 (c) That 60 days have elapsed from the last 17 publication date of the notice of proposed declaration 18 proclamation and no sustained objections have been filed. 19 (2) The state agency charged with collecting financial 20 information from special districts shall report to the 21 Department of State and the Department of Community Affairs 22 any special district which has failed to file a report within 23 the time set by law. 24 (2)(3) If any special district is declared inactive 25 pursuant to this section owes any debt at the time of 26 proclamation, the any property or assets of the special 27 district are such unit, or which belonged thereto at the time 28 of such proclamation, shall be subject to legal process for 29 payment of any debts of the district such debt. After the 30 payment of all the debts of said inactive special district, 31 the remainder of its property or assets shall escheat to the 24 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 county or municipality wherein located. If, however, it shall 2 be necessary, in order to pay any such debt, to levy any tax 3 or taxes on the property in the territory or limits of the 4 inactive special district, the same may be assessed and levied 5 by order of the local general-purpose government wherein the 6 same is situated and shall be assessed by the county property 7 appraiser and collected by the county tax collector. 8 (3)(4) The department shall notify the Speaker of the 9 House of Representatives and the President of the Senate of 10 each Any special act creating or amending the charter of any 11 special district declared to be proclaimed inactive under this 12 section hereunder shall be reported by the Governor to the 13 presiding officers of both houses of the Legislature. The 14 declaration proclamation of inactive status shall be 15 sufficient notice as required by s. 10, Art. III of the State 16 Constitution to authorize the Legislature to repeal any 17 special laws so reported. 18 (4) A special district declared inactive under this 19 section must be dissolved by repeal of its enabling laws. 20 Section 11. Subsections (1) and (2) of section 21 189.4045, Florida Statutes, are amended to read: 22 189.4045 Financial allocations.-- 23 (1) The government formed by merger of existing 24 special districts shall assume all indebtedness of, and 25 receive title to all property owned by, the preexisting 26 special districts. The proposed charter or merger agreement 27 shall provide for the determination of the proper allocation 28 of the indebtedness so assumed and the manner in which said 29 debt shall be retired. 30 (2) Unless otherwise provided by law or ordinance, the 31 dissolution of a special district government shall transfer 25 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 the title to all property owned by the preexisting special 2 district government to the local general-purpose government, 3 which shall also assume all indebtedness of the preexisting 4 special district, unless otherwise provided in the dissolution 5 plan. 6 Section 12. Effective upon this act becoming a law, 7 section 189.4047, Florida Statutes, is created to read: 8 189.4047 Refund of certain special assessments.--If a 9 dependent special district has levied assessments for an 10 improvement or specialized function for which it was created; 11 no bonds have been issued against which the special 12 assessments are pledged; and the county or municipality which 13 created the special district determines that the demand for 14 the improvement or function no longer exists or the majority 15 of the land against which the special assessments were 16 authorized has been purchased by a tax exempt governmental 17 agency to be preserved for environmental purposes and which 18 cannot receive the benefit for which the assessments were 19 levied, unspent and unobligated moneys collected as 20 assessments, along with any interest collected thereon, shall 21 be refunded to the original payors of the assessments when the 22 costs of distributing the refund do not exceed the amount 23 available for refund. This section shall operate 24 retroactively to January 1, 1987. 25 Section 13. Effective January 1, 1998, subsections 26 (2), (3), and (4) of section 189.405, Florida Statutes, are 27 amended to read: 28 189.405 Elections; general requirements and 29 procedures.-- 30 (2)(a) Any independent special district located 31 entirely in a single county may provide for the conduct of 26 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 district elections by the supervisor of elections for that 2 county. Any independent special district that conducts its 3 elections through the office of the supervisor shall make 4 election procedures consistent with the Florida Election Code. 5 , chapters 97 through 106, for the following: 6 1. Qualifying periods, in accordance with s. 99.061; 7 2. Petition format, in accordance with rules adopted 8 by the Division of Elections; 9 3. Canvassing of returns, in accordance with ss. 10 101.5614 and 102.151; 11 4. Noticing special district elections, in accordance 12 with chapter 100; and 13 5. Polling hours, in accordance with s. 100.011. 14 (b) Any independent special district not conducting 15 district elections through the supervisor of elections shall 16 report to the supervisor in a timely manner the purpose, date, 17 authorization, procedures, and results of each election 18 conducted by the district. 19 (c) A candidate for a position on a governing board of 20 a single-county special district that has its elections 21 conducted by the supervisor of elections shall qualify for the 22 office with the county supervisor of elections in whose 23 jurisdiction the district is located. Elections for governing 24 board members elected by registered electors shall be 25 nonpartisan, except when partisan elections are specified by a 26 district's charter. Candidates may qualify by paying a filing 27 fee of $25 or by submitting a petition that contains the 28 signatures of at least 3 percent of the district's registered 29 electors. No election or party assessment shall be levied if 30 the election is nonpartisan. The qualifying fee shall be 31 remitted to the general revenue fund of the qualifying officer 27 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 to help defray the cost of the election. The petition form 2 shall be submitted and checked in the same manner as those for 3 nonpartisan judicial candidates pursuant to s. 105.035. 4 (3)(a) If a multicounty special district has a 5 popularly elected governing board, elections for the purpose 6 of electing members to such board shall conform to the Florida 7 Election Code, chapters 97 through 106. 8 (b) With the exception of those districts conducting 9 elections on a one-acre/one-vote basis, qualifying for 10 multicounty special district governing board positions shall 11 be coordinated by the Department of State supervisors of 12 elections for each of the counties within the district. 13 Elections for governing board members elected by registered 14 electors shall be nonpartisan, except when partisan elections 15 are specified by a district's charter. Candidates may qualify 16 by paying a filing fee of $25 or by submitting a petition that 17 contains the signatures of at least 3 percent of the 18 district's registered electors. No election or party 19 assessment shall be levied if the election is nonpartisan. 20 The qualifying fee shall be remitted to the Department of 21 State. The petition form shall be submitted and checked in 22 the same manner as those for nonpartisan judicial candidates 23 pursuant to s. 105.035. 24 (4) With the exception of elections of special 25 district governing board members conducted on a 26 one-acre/one-vote basis, in any election conducted in a 27 special district the decision made by a majority of those 28 voting shall prevail, except as otherwise specified by law. 29 Section 14. Section 189.4051, Florida Statutes, is 30 amended to read: 31 28 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 189.4051 Elections; special requirements and 2 procedures for districts with governing boards elected on a 3 one-acre/one-vote basis.-- 4 (1) ELECTION PROVISIONS FOR SPECIAL DISTRICTS WITH 5 GOVERNING BOARDS ELECTED ON A ONE-ACRE/ONE-VOTE BASIS.-- 6 (a) With the exception of those districts established 7 as single-purpose water control districts, and which continue 8 to act as single-purpose water control districts, pursuant to 9 chapter 298, pursuant to a special act, pursuant to a local 10 government ordinance, or pursuant to a judicial decree, if a 11 special district has a governing board elected on the basis of 12 one vote for each acre of land owned and: 13 1. Has a total resident population of more than 2,500 14 according to the latest census or population estimate; 15 2. Has more than 2,000 registered voters; and 16 3. Submits a petition signed by more than 70 percent 17 of the registered voters requesting conversion from a 18 one-acre/one-vote to a one-person/one-vote election principle 19 to the supervisor of elections in the county in which all or 20 most of the area of the district land is located, 21 22 it may proceed in accordance with the provisions of subsection 23 (3) at any time following the effective date of this act. 24 (b) With the exception of those districts established 25 as single-purpose water control districts, and which continue 26 to act as single-purpose water control districts, pursuant to 27 chapter 298, pursuant to a special act, pursuant to a local 28 government ordinance, or pursuant to a judicial decree, the 29 governing board of any special district where the board is 30 elected on a one-acre/one-vote basis may request the local 31 legislative delegation which represents the area within the 29 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 district to modify the district charter by special act to 2 provide for a more equitable basis of election for governing 3 board members than the present election procedure. If such 4 request is enacted into law during the 1989 or 1990 Regular 5 Session of the Florida Legislature, such law shall be the 6 election charter for election of governing board members 7 within said district and shall exempt said district from the 8 election provisions of this section. 9 (1)(2) DEFINITIONS.--As used in this section, the 10 term: 11 (a) "Qualified elector" means any person at least 18 12 years of age who is a citizen of the United States, a 13 permanent resident of Florida, and a freeholder or 14 freeholder's spouse and resident of the district who registers 15 with the supervisor of elections of a the county within which 16 the district lands are located when the registration books are 17 open. 18 (b) "Urban area" means a contiguous developed and 19 inhabited urban area within a district with a minimum average 20 resident population density of at least 1.5 persons per acre 21 as defined by the latest official census, special census, or 22 population estimate or a minimum density of one single-family 23 home per 2.5 acres with access to improved roads or a minimum 24 density of one single-family home per 5 acres within a 25 recorded plat subdivision. Urban areas shall be designated by 26 the governing board of the district with the assistance of all 27 local general-purpose governments having jurisdiction over the 28 area within the district. 29 (c) "Governing board member" means any duly elected 30 member of the governing board of a special district elected 31 pursuant to this section, provided that any board member 30 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 elected by popular vote shall be a qualified district elector 2 and any board member elected on a one-acre/one-vote basis 3 shall meet the requirements of s. 298.11 for election to the 4 board. 5 (d) "Contiguous developed urban area" means any 6 reasonably compact urban area located entirely within a 7 special district. The separation of urban areas by a publicly 8 owned park, right-of-way, highway, road, railroad, canal, 9 utility, body of water, watercourse, or other minor 10 geographical division of a similar nature shall not prevent 11 such areas from being defined as urban areas. 12 (2)(3) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF 13 URBAN AREAS.-- 14 (a) Referendum.-- 15 1. A referendum shall be called by the governing board 16 of a special district where the board is elected on a 17 one-acre/one-vote basis on the question of whether certain 18 members of a district governing board should be elected by 19 qualified electors, provided each of the following conditions 20 has been is satisfied at least 60 days prior to the general or 21 special election at which the referendum is to be held: 22 a. The district shall have a total population, 23 according to the latest official state census, a special 24 census, or a population estimate, of at least 500 qualified 25 electors. 26 b. A petition signed by 10 percent of the qualified 27 electors of the district shall have been be filed with the 28 governing board of the district. The petition shall be 29 submitted to the supervisor of elections of the county or 30 counties in which the lands are located. The supervisor shall, 31 within 30 days after the receipt of the petitions, certify to 31 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 the governing board the number of signatures of qualified 2 electors contained on the petition. 3 2. Upon verification by the supervisor or supervisors 4 of elections of the county or counties within which district 5 lands are located that 10 percent of the qualified electors of 6 the district have petitioned the governing board, a referendum 7 election shall be called by the governing board at the next 8 regularly scheduled election of governing board members 9 occurring at least 30 days after verification of the petition 10 or within 6 months of verification, whichever is earlier. 11 3. If the qualified electors approve the election 12 procedure described in this subsection, the governing board of 13 the district shall be increased to five members and elections 14 shall be held pursuant to the criteria described in this 15 subsection beginning with the next regularly scheduled 16 election of governing board members or at a special election 17 called within 6 months following the referendum and final 18 unappealed approval of district urban area maps as provided in 19 paragraph (b), whichever is earlier. 20 4. If the qualified electors of the district 21 disapprove the election procedure described in this 22 subsection, elections of the members of the governing board 23 shall continue as described by s. 298.12 or the enabling 24 legislation for the district. No further referendum on the 25 question shall be held for a minimum period of 2 years 26 following the referendum. 27 (b) Designation of urban areas.-- 28 1. Within 30 days after approval of the election 29 process described in this subsection by qualified electors of 30 the district, the governing board shall direct the district 31 staff engineer to prepare and present maps of the district 32 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 describing the extent and location of all urban areas within 2 the district. Such determination shall be based upon the 3 criteria contained within paragraph (1)(2)(b). 4 2. Within 60 days after approval of the election 5 process described in this subsection by qualified electors of 6 the district, the maps describing urban areas within the 7 district shall be presented to the governing board. 8 3. Any district landowner or elector may contest the 9 accuracy of the urban area maps prepared by the district staff 10 engineer within 30 days after submission to the governing 11 board. Upon notice of objection to the maps, the governing 12 board shall request the county engineer to prepare and present 13 maps of the district describing the extent and location of all 14 urban areas within the district. Such determination shall be 15 based upon the criteria contained within paragraph (1)(2)(b). 16 Within 30 days after the governing board request, the county 17 engineer shall present the maps to the governing board. 18 4. Upon presentation of the maps by the county 19 engineer, the governing board shall compare the maps submitted 20 by both the district staff engineer and the county engineer 21 and make a determination as to which set of maps to adopt. 22 Within 60 days after presentation of all such maps, the 23 governing board may amend and shall adopt the official maps at 24 a regularly scheduled board meeting. 25 5. Any district landowner or qualified elector may 26 contest the accuracy of the urban area maps adopted by the 27 board within 30 days after adoption by petition to the circuit 28 court with jurisdiction over the district. Accuracy shall be 29 determined pursuant to paragraph (1)(2)(b). Any petitions 30 petition so filed shall be heard expeditiously disposed of by 31 summary proceeding of the court, and the maps shall either be 33 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 approved or approved with necessary amendments to render the 2 maps accurate and shall be certified to the board with 3 amendments, if necessary. 4 6. Upon adoption by the board or certification by the 5 court, the district urban area maps shall serve as the 6 official maps for determination of the extent of urban area 7 within the district and the number of governing board members 8 to be elected by qualified electors and by the 9 one-acre/one-vote principle at the next regularly scheduled 10 election of governing board members. 11 7. Upon a determination of the percentage of urban 12 area within the district as compared with total area within 13 the district, the governing board shall order elections in 14 accordance with the changed percentages pursuant to paragraph 15 (3)(4)(a). The landowners' meeting date shall be designated by 16 the governing board. 17 8. The maps shall be updated and readopted every 5 18 years or sooner in the discretion of the governing board. 19 (3)(4) GOVERNING BOARD.-- 20 (a) Composition of board.-- 21 1. Members of the governing board of the district 22 shall be elected in accordance with the following 23 determinations of urban area: 24 a. If urban areas constitute 25 percent or less of the 25 district, one governing board member shall be elected by the 26 qualified electors and four governing board members shall be 27 elected in accordance with the one-acre/one-vote principle 28 contained within s. 298.11 or the district-enabling 29 legislation. 30 b. If urban areas constitute 26 percent to 50 percent 31 of the district, two governing board members shall be elected 34 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 by the qualified electors and three governing board members 2 shall be elected in accordance with the one-acre/one-vote 3 principle contained within s. 298.11 or the district-enabling 4 legislation. 5 c. If urban areas constitute 51 percent to 70 percent 6 of the district, three governing board members shall be 7 elected by the qualified electors and two governing board 8 members shall be elected in accordance with the 9 one-acre/one-vote principle contained within s. 298.11 or the 10 district-enabling legislation. 11 d. If urban areas constitute 71 percent to 90 percent 12 of the district, four governing board members shall be elected 13 by the qualified electors and one governing board member shall 14 be elected in accordance with the one-acre/one-vote principle 15 contained within s. 298.11 or the district-enabling 16 legislation. 17 e. If urban areas constitute 91 percent or more of the 18 district, all governing board members shall be elected by the 19 qualified electors. 20 2. All governing board members elected by qualified 21 electors shall be elected at large. 22 (b) Term of office.--All governing board members 23 elected by qualified electors shall have a term of 4 years 24 except for governing board members elected at the first 25 election and the first landowners' meeting following the 26 referendum prescribed in paragraph (2)(3)(a). Governing board 27 members elected at the first election and the first 28 landowners' meeting following the referendum shall serve as 29 follows: 30 1. If one governing board member is elected by the 31 qualified electors and four are elected on a one-acre/one-vote 35 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 basis, the governing board member elected by the qualified 2 electors shall be elected for a period of 4 years. Governing 3 board members elected on a one-acre/one-vote basis shall be 4 elected for periods of 1, 2, 3, and 4 years, respectively, as 5 prescribed by ss. 298.11 and 298.12. 6 2. If two governing board members are elected by the 7 qualified electors and three are elected on a 8 one-acre/one-vote basis, the governing board members elected 9 by the electors shall be elected for a period of 4 years. 10 Governing board members elected on a one-acre/one-vote basis 11 shall be elected for periods of 1, 2, and 3 years, 12 respectively, as prescribed by ss. 298.11 and 298.12. 13 3. If three governing board members are elected by the 14 qualified electors and two are elected on a one-acre/one-vote 15 basis, two of the governing board members elected by the 16 electors shall be elected for a term of 4 years and the other 17 governing board member elected by the electors shall be 18 elected for a term of 2 years. Governing board members 19 elected on a one-acre/one-vote basis shall be elected for 20 terms of 1 and 2 years, respectively, as prescribed by ss. 21 298.11 and 298.12. 22 4. If four governing board members are elected by the 23 qualified electors and one is elected on a one-acre/one-vote 24 basis, two of the governing board members elected by the 25 electors shall be elected for a term of 2 years and the other 26 two for a term of 4 years. The governing board member elected 27 on a one-acre/one-vote basis shall be elected for a term of 1 28 year as prescribed by ss. 298.11 and 298.12. 29 5. If five governing board members are elected by the 30 qualified electors, three shall be elected for a term of 4 31 years and two for a term of 2 years. 36 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 6. If any vacancy occurs in a seat occupied by a 2 governing board member elected by the qualified electors, the 3 remaining members of the governing board shall, within 45 days 4 after the vacancy occurs of receipt of a resignation, appoint 5 a person who would be eligible to hold the office to the 6 unexpired term of the resigning member. 7 (c) Landowners' meetings.-- 8 1. An annual landowners' meeting shall be held 9 pursuant to s. 298.11 and at least one governing board member 10 shall be elected on a one-acre/one-vote basis pursuant to s. 11 298.12 for so long as 10 percent or more of the district is 12 not contained in an urban area. In the event all district 13 governing board members are elected by qualified electors, 14 there shall be no further landowners' meetings. 15 2. At any landowners' meeting called pursuant to this 16 section, 50 percent of the district acreage shall not be 17 required to constitute a quorum and each governing board 18 member shall be elected by a majority of the acreage 19 represented either by owner or proxy present and voting at 20 said meeting. 21 3. All landowners' meetings of districts operating 22 pursuant to this section shall be set by the board within the 23 month preceding the month of the election of the governing 24 board members by the electors. 25 4. Vacancies on the board shall be filled pursuant to 26 s. 298.12 except as otherwise provided in subparagraph (b)6. 27 (4)(5) QUALIFICATIONS.--Elections for governing board 28 members elected by qualified electors shall be nonpartisan. 29 Qualifications shall be pursuant to the Florida Election Code 30 and shall occur during the qualifying period established by s. 31 99.061. Qualification requirements shall only apply to those 37 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 governing board member candidates elected by qualified 2 electors. Following the first election pursuant to this 3 section, elections to the governing board by qualified 4 electors shall occur at the next regularly scheduled election 5 closest in time to the expiration date of the term of the 6 elected governing board member. If the next regularly 7 scheduled election is beyond the normal expiration time for 8 the term of an elected governing board member, the governing 9 board member shall hold office until the election of a 10 successor. 11 (5)(6) Those districts established as single-purpose 12 water control districts, and which continue to act as 13 single-purpose water control districts, pursuant to chapter 14 298, pursuant to a special act, pursuant to a local government 15 ordinance, or pursuant to a judicial decree, shall be exempt 16 from the provisions of this section. All other independent 17 special districts with governing boards elected on a 18 one-acre/one-vote basis shall be subject to the provisions of 19 this section. 20 (6)(7) The provisions of this section shall not apply 21 to community development districts established pursuant to 22 chapter 190. 23 Section 15. Section 189.412, Florida Statutes, 1996 24 Supplement, as amended by section 12 of chapter 96-324, Laws 25 of Florida, is amended to read: 26 189.412 Special District Information Program; duties 27 and responsibilities.--The Special District Information 28 Program of the Department of Community Affairs is created and 29 has the following special duties: 30 (1) The collection and maintenance of special district 31 compliance status reports from the Auditor General, the 38 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Department of Banking and Finance, the Division of Bond 2 Finance of the State Board of Administration, the Division of 3 Retirement, the Division of Ad Valorem Tax of the Department 4 of Revenue, and the Commission on Ethics for the reporting 5 required in ss. 11.45, 112.3144, 112.3145, 112.3148, 112.3149, 6 112.63, 200.068, 218.32, 218.34, and 218.38, and 280.17 and 7 chapter 121 and from state agencies administering programs 8 that distribute money to special districts. The special 9 district compliance status reports must consist of a list of 10 special districts used in that state agency and a list of 11 information indicating which special districts did not comply 12 with the reporting statutorily required by that agency. 13 (2) The maintenance of a master list of independent 14 and dependent special districts which shall be annually 15 updated and distributed to the appropriate officials in state 16 and local governments. 17 (3) The organization and sponsorship of a biennial 18 conference, which may include, but need not be limited to, any 19 of the following purposes: 20 (a) Explaining special district reporting requirements 21 prescribed by general law. 22 (b) Describing general statutory provisions that 23 affect special districts in the state. 24 (c) Conducting training sessions in budget 25 preparation, bond issuance, and other financial matters. 26 (d) Examining all aspects of special district 27 reporting requirements in order to develop more efficient 28 submission and use of the reports. 29 (3)(4) The publishing and updating of a "Florida 30 Special District Handbook" that contains, at a minimum: 31 39 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (a) A section that specifies definitions of special 2 districts and status distinctions in the statutes. 3 (b) A section or sections that specify current 4 statutory provisions for special district creation, 5 implementation, modification, dissolution, and operating 6 procedures. 7 (c) A section that summarizes the reporting 8 requirements applicable to all types of special districts as 9 provided in ss. 189.417 and 189.418. 10 (4)(5) When feasible, securing and maintaining access 11 to special district information collected by all state 12 agencies in existing or newly created state computer systems. 13 (5)(6) The facilitation of coordination and 14 communication among state agencies regarding special district 15 information. 16 (6)(7) The conduct of studies relevant to special 17 districts. 18 (7)(8) The provision of assistance related to and 19 appropriate in the performance of requirements specified in 20 this chapter. 21 Section 16. Subsections (2) and (5) of section 22 189.415, Florida Statutes, are amended to read: 23 189.415 Special district public facilities report.-- 24 (2) Beginning March 1, 1991, Each independent special 25 district shall submit annually to each local general-purpose 26 government in which it is located a public facilities report 27 and an annual notice of any changes. The public facilities 28 report shall specify the following information: 29 (a) A description of existing public facilities owned 30 or and operated by the special district, and each public 31 facility that is operated by another entity, except a local 40 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 general purpose government, through a lease or other agreement 2 with the special district. This description shall include the 3 current capacity of the facility, the current demands placed 4 upon it, and its location. This information shall be required 5 in the initial report and updated every 5 years at least 12 6 months prior to the submission date of the evaluation and 7 appraisal report of the appropriate local government required 8 by s. 163.3191. At least 12 months prior to the date on which 9 each special district's first updated report is due, the 10 department shall notify each independent district on the 11 official list of special districts compiled by the department 12 pursuant to s. 189.4035 of the schedule for submission of the 13 evaluation and appraisal report by each local government 14 within the special district's jurisdiction. 15 (b) A description of each public facility the district 16 is building, improving, or expanding, or is currently 17 proposing to build, improve, or expand within at least the 18 next 5 years, including any facilities that the district is 19 assisting another entity, except a local general-purpose 20 government, to build, improve, or expand through a lease or 21 other agreement with the district. For each public facility 22 identified, the report shall describe how the district 23 currently proposes to finance the facility. 24 (c) If the special district currently proposes to 25 replace any facilities identified in paragraph (a) or 26 paragraph (b) within the next 10 years, the date when such 27 facility will be replaced. 28 (d) The anticipated time the construction, 29 improvement, or expansion of each facility will be completed. 30 (e) The anticipated capacity of and demands on each 31 public facility when completed. In the case of an improvement 41 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 or expansion of a public facility, both the existing and 2 anticipated capacity must be listed. 3 (5) For each special district created after March 1, 4 1990, The facilities report shall be prepared and submitted 5 within 1 year after the district's creation. 6 Section 17. Subsections (1) and (3) of section 7 189.4155, Florida Statutes, are amended, subsection (4) is 8 renumbered as subsection (5), and a new subsection (4) is 9 added to said section, to read: 10 189.4155 Activities of special districts; local 11 government comprehensive planning.-- 12 (1) Construction or expansion of a public facility, or 13 major alteration which affects the quantity or quality of the 14 level of service of a public facility, which is undertaken or 15 initiated by a special district or through some other entity 16 shall be consistent with the applicable local government 17 comprehensive plan adopted pursuant to part II of chapter 163; 18 provided, however, the local government comprehensive plan 19 shall not: 20 (a) Require an independent special district to 21 construct, expand, or perform a major alteration of any public 22 facility; or 23 (b) Require any special district to construct, expand, 24 or perform a major alteration of any public facility which 25 would result in an impairment of covenants and agreements 26 relating to bonds validated or issued by the special district. 27 (3) The provisions of this section shall not apply to 28 water management districts created pursuant to s. 373.069, or 29 to regional water supply authorities created pursuant to s. 30 373.1962, or to spoil disposal sites owned or used by the 31 Federal Government. 42 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (4) Ports listed in s. 403.021(9)(b) which operate in 2 compliance with a port master plan which has been incorporated 3 into the appropriate local government comprehensive plan 4 pursuant to s. 163.3178(2)(k) shall be deemed to be in 5 compliance with the requirements of this section. 6 Section 18. Subsection (1) of section 189.416, Florida 7 Statutes, is amended to read: 8 189.416 Designation of registered office and agent.-- 9 (1) Within 30 days after the first meeting of its 10 governing board Prior to October 1, 1979, or no later than 1 11 year subsequent to its creation, each special district in the 12 state shall designate a registered office and a registered 13 agent and file such information with the local governing 14 authority or authorities and with the department. The 15 registered agent shall be an agent of the district upon whom 16 any process, notice, or demand required or permitted by law to 17 be served upon the district may be served. A registered agent 18 shall be an individual resident of this state whose business 19 address is identical with the registered office of the 20 district. The registered office may be, but need not be, the 21 same as the place of business of the special district. 22 Section 19. Subsection (1) of section 189.417, Florida 23 Statutes, is amended to read: 24 189.417 Meetings; notice; required reports.-- 25 (1) The governing body of each special district shall 26 file quarterly, semiannually, or annually a schedule of its 27 regular meetings with the local governing authority or 28 authorities. The schedule shall include the date, time, and 29 location of each scheduled meeting. The schedule shall be 30 published quarterly, semiannually, or annually in a newspaper 31 of general paid circulation in the manner required in this 43 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 subsection. The governing body of an independent special 2 district shall advertise the day, time, place, and purpose of 3 any meeting other than a regular meeting or any recessed and 4 reconvened meeting of the governing body, at least 7 days 5 prior to such meeting, in a newspaper of general paid 6 circulation in the county or counties in which the special 7 district is located, unless a bona fide emergency situation 8 exists, in which case a meeting to deal with the emergency may 9 be held as necessary, with reasonable notice, so long as it is 10 subsequently ratified by the board. No approval of the annual 11 budget shall be granted at an emergency meeting. The 12 advertisement shall be placed in that portion of the newspaper 13 where legal notices and classified advertisements appear. It 14 is the legislative intent that, whenever possible, The 15 advertisement shall appear in a newspaper that is published at 16 least 5 days a week, unless the only newspaper in the county 17 is published fewer than 5 days a week. It is further the 18 legislative intent that The newspaper selected must be one of 19 general interest and readership in the community and not one 20 of limited subject matter, pursuant to chapter 50. 21 Section 20. Subsection (3) of section 189.421, Florida 22 Statutes, 1996 Supplement, is amended to read: 23 189.421 Failure of district to disclose financial 24 reports.-- 25 (3) If the department determines that a good faith 26 effort has not been made to file the report or that a 27 reasonable time has passed since notice was delivered to the 28 district pursuant to s. 189.419(1), and the reports have not 29 been forthcoming, it may file a petition for hearing, pursuant 30 to ss. 120.569 and 120.57, on the question of the inactivity 31 of the district. The proceedings and hearings required by ss. 44 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 189.416-189.422 shall be conducted by an administrative law 2 judge assigned by the Division of Administrative Hearings of 3 the Department of Management Services and shall be governed by 4 the provisions of the Administrative Procedure Act. Such 5 hearing shall be held in the county in which the district is 6 located, pursuant to all the applicable provisions of chapter 7 120. Notice of the hearing shall be served on the district's 8 registered agent and published at least once a week for 2 9 successive weeks prior to the hearing in a newspaper of 10 general circulation in the area affected. The notice shall 11 state the time, place, and nature of the hearing and that all 12 interested parties may appear and be heard. Within 30 days of 13 the hearing, the administrative law judge shall file a report 14 with the department in the manner provided in chapter 120. 15 Section 21. Section 189.422, Florida Statutes, 1996 16 Supplement, is amended to read: 17 189.422 Action of the department.-- 18 (1) If the department determines, after receipt of the 19 report from the administrative law judge, that there is an 20 inactive district under the criteria established in s. 21 189.4044, it shall notify the Speaker of the House of 22 Representatives and the President of the Senate file such 23 determination with the Secretary of State pursuant to s. 24 189.4044. 25 (2) If the department determines that the failure to 26 file the reports is a result of the volitional refusal of the 27 members of the governing body of the district, it shall seek a 28 money judgment against the district in the amount of the 29 assessed fine. When appropriate, the department may also seek 30 an injunction or writ of mandamus to compel production of the 31 reports in the circuit court. 45 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Section 22. Section 189.425, Florida Statutes, is 2 amended to read: 3 189.425 Rulemaking authority.--Effective July 1, 1989, 4 The Department of Community Affairs may shall adopt rules to 5 implement the provisions of this chapter. 6 Section 23. Section 189.428, Florida Statutes, is 7 created to read: 8 189.428 Special districts; oversight review process.-- 9 (1) The Legislature finds it to be in the public 10 interest to establish an oversight review process for special 11 districts wherein each special district in the state may be 12 reviewed by the local general purpose government in which the 13 district exists. The Legislature further finds and determines 14 that such law fulfills an important state interest. It is the 15 intent of the Legislature that the oversight review process 16 shall contribute to informed decisionmaking. These decisions 17 may involve the continuing existence or dissolution of a 18 district, the appropriate future role and focus of a district, 19 improvements in the functioning or delivery of services by a 20 district, and the need for any transition, adjustment, or 21 special implementation periods or provisions. Any final 22 recommendations from the oversight review process that are 23 adopted and implemented by the appropriate level of government 24 shall not be implemented in a manner that would impair the 25 obligation of contracts. 26 (2) It is the intent of the Legislature that any 27 oversight review process be conducted in conjunction with 28 special district public facilities reporting and the local 29 government evaluation and appraisal report process described 30 in s. 189.415(2). 31 46 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (3) The order in which special districts may be 2 subject to oversight review shall be determined by the 3 reviewer and shall occur as follows: 4 (a) All dependent special districts may be reviewed by 5 the general purpose local government to which they are 6 dependent. 7 (b) All single-county independent special districts 8 may be reviewed by a county or municipality in which they are 9 located or the government that created the district. Any 10 single-county independent district that serves an area greater 11 than the boundaries of one general-purpose local government 12 may only be reviewed by the county on the county's own 13 initiative or upon receipt of a request from any municipality 14 served by the special district. 15 (c) All multicounty independent special districts may 16 be reviewed by the government that created the district. Any 17 general purpose local governments within the boundaries of a 18 multicounty district may prepare a preliminary review of a 19 multicounty special district for possible reference or 20 inclusion in the full review report. 21 (d) Upon request by the reviewer, any special district 22 within all or a portion of the same county as the special 23 district being reviewed may prepare a preliminary review of 24 the district for possible reference or inclusion in the full 25 oversight review report. 26 (4) All special districts, governmental entities, and 27 state agencies shall cooperate with the Legislature and with 28 any general-purpose local government seeking information or 29 assistance with the oversight review process and with the 30 preparation of an oversight review report. 31 47 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (5) Those conducting the oversight review process 2 shall, at a minimum, consider the listed criteria for 3 evaluating the special district, but may also consider any 4 additional factors relating to the district and its 5 performance. If any of the listed criteria do not apply to 6 the special district being reviewed, they need not be 7 considered. The criteria to be considered by the reviewer 8 include: 9 (a) The degree to which the service or services 10 offered by the special district are essential or contribute to 11 the well-being of the community. 12 (b) The extent of continuing need for the service or 13 services currently provided by the special district. 14 (c) The extent of municipal annexation or 15 incorporation activity occurring or likely to occur within the 16 boundaries of the special district and its impact on the 17 delivery of services by the special district. 18 (d) Whether there is a less costly alternative method 19 of delivering the service or services that would adequately 20 provide the district residents with the services provided by 21 the district. 22 (e) Whether transfer of the responsibility for 23 delivery of the service or services to an entity other than 24 the special district being reviewed could be accomplished 25 without jeopardizing the district's existing contracts, bonds, 26 or outstanding indebtedness. 27 (f) Whether the Auditor General has determined that 28 the special district is or may be in a state of financial 29 emergency or has been experiencing financial difficulty during 30 any of the last 3 fiscal years for which data are available. 31 48 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (g) Whether the Auditor General failed to receive an 2 audit report and has made a determination that the special 3 district was required or may have been required to file an 4 audit report during any of the last 3 fiscal years for which 5 the data are available. 6 (h) Whether the district is inactive according to the 7 official list of special districts, and whether the district 8 is meeting and discharging its responsibilities as required by 9 its charter, as well as projected increases or decreases in 10 district activity. 11 (i) Whether the special district has failed to comply 12 with any of the reporting requirements in this chapter, 13 including preparation of the public facilities report. 14 (j) Whether the special district has designated a 15 registered office and agent as required by s. 189.416, and has 16 complied with all open public records and meeting 17 requirements. 18 (6) Any special district may at any time provide the 19 Legislature and the general purpose local government 20 conducting the review or making decisions based upon the final 21 oversight review report with written responses to any 22 questions, concerns, preliminary reports, draft reports, or 23 final reports relating to the district. 24 (7) The final report of a reviewing government shall 25 be filed with the government that created the district and 26 shall serve as the basis for any modification to the district 27 charter or dissolution or merger of the district. 28 (8) If legislative dissolution or merger of a district 29 is proposed in the final report, the reviewing government 30 shall also propose a plan for the merger or dissolution, and 31 49 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 the plan shall address the following factors in evaluating the 2 proposed merger or dissolution: 3 (a) Whether, in light of independent fiscal analysis, 4 level-of-service implications, and other public policy 5 considerations, the proposed merger or dissolution is the best 6 alternative for delivering services and facilities to the 7 affected area. 8 (b) Whether the services and facilities to be provided 9 pursuant to the merger or dissolution will be compatible with 10 the capacity and uses of existing local services and 11 facilities. 12 (c) Whether the merger or dissolution is consistent 13 with applicable provisions of the state comprehensive plan, 14 the strategic regional policy plan, and the local government 15 comprehensive plans of the affected area. 16 (d) Whether the proposed merger adequately provides 17 for the assumption of all indebtedness. 18 19 The reviewing government shall consider the report in a public 20 hearing held within the jurisdiction of the district. If 21 adopted by the governing board of the reviewing government, 22 the request for legislative merger or dissolution of the 23 district may proceed. The adopted plan shall be filed as an 24 attachment to the economic impact statement regarding the 25 proposed special act or general act of local application 26 dissolving a district. 27 (9) This section does not apply to a deepwater port 28 listed in s. 311.09(1) which is in compliance with a port 29 master plan adopted pursuant to s. 163.3178(2)(k), or to an 30 airport authority operating in compliance with an airport 31 master plan approved by the Federal Aviation Administration, 50 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 or to any special district organized to operate health systems 2 and facilities licensed under chapter 395 or chapter 400. 3 Section 24. Codification.--Each district, by December 4 1, 2001, or when any act relating to such district is 5 introduced to the Legislature, whichever is first, shall 6 submit to the Legislature a draft codified charter, at its 7 expense, so that its special acts may be codified into a 8 single act for reenactment by the Legislature, if there is 9 more than one special act for the district. No changes may be 10 made to a district's charter as it exists on October 1, 1997, 11 in the legislation codifying its special acts. Any codified 12 act relating to a district, which act is submitted to the 13 Legislature for reenactment, shall provide for the repeal of 14 all prior special acts of the Legislature relating to the 15 district. The codified act shall be filed with the department 16 pursuant to s. 189.418(2), Florida Statutes. 17 Section 25. Subsection (6) of section 196.012, Florida 18 Statutes, is amended to read: 19 196.012 Definitions.--For the purpose of this chapter, 20 the following terms are defined as follows, except where the 21 context clearly indicates otherwise: 22 (6) Governmental, municipal, or public purpose or 23 function shall be deemed to be served or performed when the 24 lessee under any leasehold interest created in property of the 25 United States, the state or any of its political subdivisions, 26 or any municipality, agency, special district, authority, or 27 other public body corporate of the state is demonstrated to 28 perform a function or serve a governmental purpose which could 29 properly be performed or served by an appropriate governmental 30 unit or which is demonstrated to perform a function or serve a 31 purpose which would otherwise be a valid subject for the 51 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 allocation of public funds. For purposes of the preceding 2 sentence, an activity undertaken by a lessee which is 3 permitted under the terms of its lease of real property 4 designated as an aviation area on an airport layout plan which 5 has been approved by the Federal Aviation Administration and 6 which real property is used for the administration, operation, 7 business offices and activities related specifically thereto 8 in connection with the conduct of an aircraft full service 9 fixed base operation which provides goods and services to the 10 general aviation public in the promotion of air commerce shall 11 be deemed an activity which serves a governmental, municipal, 12 or public purpose or function. Any activity undertaken by a 13 lessee which is permitted under the terms of its lease of real 14 property designated as a public airport as defined in s. 15 332.004(14) by municipalities, agencies, special districts, 16 authorities, or other public bodies corporate and public 17 bodies politic of the state, or which are located in a 18 deepwater port identified in s. 403.021(9)(b) and owned by one 19 of the foregoing governmental units, subject to a leasehold or 20 other possessory interest of a nongovernmental lessee that is 21 deemed to perform an aviation or airport or maritime or port 22 purpose or operation shall be deemed an activity that serves a 23 governmental, municipal, or public purpose. The use by a 24 lessee, licensee, or management company of real property or a 25 portion thereof as a convention center, visitor center, sports 26 facility with permanent seating, concert hall, arena, stadium, 27 park, or beach is deemed a use that serves a governmental, 28 municipal, or public purpose or function when access to the 29 property is open to the general public with or without a 30 charge for admission. If property deeded to a municipality by 31 the United States is subject to a requirement that the Federal 52 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Government, through a schedule established by the Secretary of 2 the Interior, determine that the property is being maintained 3 for public historic preservation, park, or recreational 4 purposes and if those conditions are not met the property will 5 revert back to the Federal Government, then such property 6 shall be deemed to serve a municipal or public purpose. The 7 term "governmental purpose" also includes a direct use of 8 property on federal lands in connection with the Federal 9 Government's Space Exploration Program. Real property and 10 tangible personal property owned by the Federal Government and 11 used for defense and space exploration purposes or which is 12 put to a use in support thereof shall be deemed to perform an 13 essential national governmental purpose and shall be exempt. 14 "Owned by the lessee" as used in this chapter does not include 15 personal property, buildings, or other real property 16 improvements used for the administration, operation, business 17 offices and activities related specifically thereto in 18 connection with the conduct of an aircraft full service fixed 19 based operation which provides goods and services to the 20 general aviation public in the promotion of air commerce 21 provided that the real property is designated as an aviation 22 area on an airport layout plan approved by the Federal 23 Aviation Administration. For purposes of determination of 24 "ownership," buildings and other real property improvements 25 which will revert to the airport authority or other 26 governmental unit upon expiration of the term of the lease 27 shall be deemed "owned" by the governmental unit and not the 28 lessee. 29 Section 26. Section 200.069, Florida Statutes, is 30 amended to read: 31 53 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 200.069 Notice of proposed property taxes and adopted 2 non-ad valorem assessments.--Pursuant to s. 200.065(2)(b), the 3 property appraiser, in the name of the taxing authorities and 4 local governing boards levying non-ad valorem assessments 5 within his or her jurisdiction and at the expense of the 6 county, shall prepare and deliver by first-class mail to each 7 taxpayer to be listed on the current year's assessment roll a 8 notice of proposed property taxes, which notice shall be in 9 substantially the following form. Notwithstanding the 10 provisions of s. 195.022, no county officer shall use a form 11 other than that provided by the department for this purpose, 12 except as provided in subsection (11) and s. 200.065(13). 13 (1) The notice shall read: 14 15 NOTICE OF PROPOSED PROPERTY TAXES 16 DO NOT PAY--THIS IS NOT A BILL 17 18 The taxing authorities which levy property taxes 19 against your property will soon hold PUBLIC HEARINGS to adopt 20 budgets and tax rates for the next year. 21 The purpose of these PUBLIC HEARINGS is to receive 22 opinions from the general public and to answer questions on 23 the proposed tax change and budget PRIOR TO TAKING FINAL 24 ACTION. 25 Each taxing authority may AMEND OR ALTER its proposals 26 at the hearing. 27 28 (2) The notice shall further contain information 29 applicable to the specific parcel in question. The 30 information shall be in columnar form. There shall be five 31 column headings which shall read: "Taxing Authority," "Your 54 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 Property Taxes Last Year," "Your Taxes This Year IF PROPOSED 2 Budget Change is Made," "A Public Hearing on the Proposed 3 Taxes and Budget Will be Held:", and "Your Taxes This Year IF 4 NO Budget Change is Made." 5 (3) There shall be under each column heading an entry 6 for the county; the school district levy required pursuant to 7 s. 236.02(6); other operating school levies; the municipality 8 or municipal service taxing unit or units in which the parcel 9 lies, if any; the water management district levying pursuant 10 to s. 373.503; a single entry for other independent special 11 districts in which the parcel lies, if any, except as provided 12 in subsection (11); and a single entry for all voted levies 13 for debt service applicable to the parcel, if any. 14 (4) For each entry listed in subsection (3), there 15 shall appear on the notice the following: 16 (a) In the first column, a brief, commonly used name 17 for the taxing authority or its governing body. The entry in 18 the first column for the levy required pursuant to s. 19 236.02(6) shall be "By State Law." The entry for other 20 operating school district levies shall be "By Local Board." 21 Both school levy entries shall be indented and preceded by the 22 notation "Public Schools:". The entry in the first column for 23 independent special districts other than the water management 24 district shall be "Independent Special Districts," except as 25 provided in subsection (11). For voted levies for debt 26 service, the entry shall be "Voter Approved Debt Payments." 27 (b) In the second column, the gross amount of ad 28 valorem taxes levied against the parcel in the previous year. 29 If the parcel did not exist in the previous year, the second 30 column shall be blank. 31 55 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (c) In the third column, the gross amount of ad 2 valorem taxes proposed to be levied in the current year, which 3 amount shall be based on the proposed millage rates provided 4 to the property appraiser pursuant to s. 200.065(2)(b) or, in 5 the case of voted levies for debt service, the millage rate 6 previously authorized by referendum, and the taxable value of 7 the parcel as shown on the current year's assessment roll. 8 (d) In the fourth column, the date, the time, and a 9 brief description of the location of the public hearing 10 required pursuant to s. 200.065(2)(c). However: 11 1. No entry shall be made in the fourth column for the 12 line showing independent special districts other than water 13 management districts if that line represents more than one 14 district; 15 2. For the line showing voted levies for debt service 16 pursuant to paragraph (a), the following statement shall 17 appear: "Includes debt of ...(list of brief, commonly used 18 names for each taxing authority whose debt service levy is 19 included on this line)..."; and 20 3. For the line showing totals, the following 21 statement shall appear: "For details on independent special 22 districts and voter-approved debt, contact your Tax Collector 23 at ...(phone number)...." If the option in subsection (11) is 24 utilized, the phrase "independent special districts and" shall 25 be deleted. 26 (e) In the fifth column, the gross amount of ad 27 valorem taxes which would apply to the parcel in the current 28 year if each taxing authority were to levy the rolled-back 29 rate computed pursuant to s. 200.065(1) or, in the case of 30 voted levies for debt service, the amount previously 31 authorized by referendum. 56 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 (f) For special assessments collected utilizing the ad 2 valorem method pursuant to s. 197.363, the previous year's 3 assessment amount shall be added to the ad valorem taxes shown 4 in the second and fifth columns, and the amount proposed to be 5 imposed for the current year shall be added to the ad valorem 6 taxes shown in the third column. 7 (5) The amounts shown on each line preceding the entry 8 for voted levies for debt service shall include the sum of all 9 ad valorem levies of the applicable unit of local government 10 for operating purposes, including those of dependent special 11 districts (except for municipal service taxing units, which 12 shall be listed on the line for municipalities), and all 13 nonvoted or nondebt service special assessments imposed by the 14 applicable unit of local government to be collected utilizing 15 the ad valorem method. Voted levies for debt service for all 16 units of local government shall be combined and shown on a 17 single line, including voter-approved special assessments for 18 debt service if collected utilizing the ad valorem method. 19 (6) Following the entries for each taxing authority, a 20 final entry shall show: in the first column, the words "Total 21 Property Taxes:" and in the second, third, and fifth columns, 22 the sum of the entries for each of the individual taxing 23 authorities. The second, third, and fifth columns shall, 24 immediately below said entries, be labeled Column 1, Column 2, 25 and Column 3, respectively. Below these labels shall appear, 26 in boldfaced type, the statement: SEE REVERSE SIDE FOR 27 EXPLANATION. 28 (7) The notice shall further show a brief legal 29 description of the property and the name and mailing address 30 of the owner of record. 31 (8) The notice shall further read: 57 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 2 Market Assessed Exemp- Taxable 3 Value Value tions Value 4 Your Property 5 Value Last 6 Year $......... $......... $......... $......... 7 Your Property 8 Value This 9 Year $......... $......... $......... $......... 10 11 If you feel that the market value of your property is 12 inaccurate or does not reflect fair market value, contact your 13 county property appraiser at ...(phone number)... or 14 ...(location).... 15 If the property appraiser's office is unable to resolve 16 the matter as to market value, you may file a petition for 17 adjustment with the Value Adjustment Board. Petition forms are 18 available from the county property appraiser and must be filed 19 ON OR BEFORE ...(date).... 20 21 (9) The reverse side of the form shall read: 22 23 EXPLANATION 24 25 *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR" 26 This column shows the taxes that applied last year to your 27 property. These amounts were based on budgets adopted last 28 year and your property's previous taxable value. 29 *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE" 30 This column shows what your taxes will be this year under the 31 BUDGET ACTUALLY PROPOSED by each local taxing authority. The 58 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 proposal is NOT final and may be amended at the public 2 hearings shown on the front side of this notice. 3 *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE" 4 This column shows what your taxes will be this year IF EACH 5 TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY. 6 These amounts are based on last year's budgets and your 7 current assessment. The difference between columns 2 and 3 is 8 the tax change proposed by each local taxing authority and is 9 NOT the result of higher assessments. 10 ASSESSED VALUE means: 11 For homestead property: value as limited by the State 12 Constitution; 13 For agricultural and similarly assessed property: 14 classified use value; 15 For all other property: market value. 16 17 *Note: Amounts shown on this form do NOT reflect early payment 18 discounts you may have received or may be eligible to receive. 19 (Discounts are a maximum of 4 percent of the amounts shown on 20 this form.) 21 22 (10) The front side of the form required pursuant to 23 this section shall approximate in all essential respects the 24 facsimile set forth in this subsection as it appears in s. 26, 25 chapter 80-274, Laws of Florida, except for amendments 26 subsequent to 1980. 27 (11) If authorized by resolution of the governing body 28 of the county prior to July 1, and with the written 29 concurrence of the property appraiser, the notice specified in 30 this section shall contain a separate line entry for each 31 independent special taxing district in the jurisdiction of 59 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 which the parcel lies. Each such district shall be identified 2 by name. The form used for this purpose shall be identical to 3 that supplied by the department and shall be delivered to the 4 property appraiser not later than July 31, except that a 5 larger space shall be provided for listing the columnar 6 information specified in subsections (2), (3), (4), and (5). 7 If the executive director of the department grants written 8 permission, the form may be printed only on one side. The 9 governing body of the county shall bear the expense of 10 procuring such form. 11 (12) The bottom portion of the notice shall further 12 read in bold, conspicuous print: 13 14 "Your final tax bill may contain non-ad valorem 15 assessments which may not be reflected on this 16 notice such as assessments for roads, fire, 17 garbage, lighting, drainage, water, sewer, or 18 other governmental services and facilities 19 which may be levied by your county, city, or 20 any special district." 21 (13)(a) If requested by the local governing board 22 levying non-ad valorem assessments and agreed to by the 23 property appraiser, the notice specified in this section may 24 contain a notice of adopted non-ad valorem assessments. If so 25 agreed, the notice shall be titled: 26 27 NOTICE OF PROPOSED PROPERTY TAXES AND 28 ADOPTED NON-AD VALOREM ASSESSMENTS 29 DO NOT PAY--THIS IS NOT A BILL 30 31 60 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1683, First Engrossed 1 There must be a clear partition between the notice of proposed 2 property taxes and the notice of adopted non-ad valorem 3 assessments. The partition must be a bold, horizontal line 4 approximately 1/8-inch thick. By rule, the department shall 5 provide a format for the form of the notice of adopted non-ad 6 valorem assessments which meets the following minimum 7 requirements: 8 1. There must be subheading for columns listing the 9 levying local governing board, with corresponding assessment 10 rates expressed in dollars and cents per unit of assessment, 11 and the associated assessment amount. 12 2. The purpose of each assessment must also be listed 13 in the column listing the levying local governing board if the 14 purpose is not clearly indicated by the name of the board. 15 3. Each non-ad valorem assessment for each levying 16 local governing board must be listed separately. 17 4. If a county has too many municipal service benefit 18 units or assessments to be listed separately, it shall combine 19 them by function. 20 5. A brief statement outlining the responsibility of 21 the tax collector and each levying local governing board as to 22 any non-ad valorem assessment must be provided on the form, 23 accompanied by directions as to which office to contact for 24 particular questions or problems. 25 (b) If the notice includes all adopted non-ad valorem 26 assessments, the provisions contained in subsection (12) shall 27 not be placed on the notice. 28 Section 27. Except as otherwise provided herein, this 29 act shall take effect October 1, 1997. 30 31 61