HB 0485

1
A bill to be entitled
2An act relating to special districts; creating s.
3189.40425, F.S.; requiring periodic referendum approval of
4special districts created on or after July 1, 2005, and of
5taxes and special assessments imposed by such districts;
6prescribing procedures when such a district is abolished
7or when authority for a tax or special assessment is
8denied; requiring periodic referendum approval of
9specified taxes and special assessments imposed by special
10districts created before July 1, 2005; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 189.40425, Florida Statutes, is created
16to read:
17     189.40425  Special districts; limitations of revenue
18sources.--Notwithstanding any other law relating to the powers
19of a special district to impose a tax or special assessment:
20     (1)  The following requirements apply to each special
21district created on or after July 1, 2005. The electors of the
22district must vote to maintain the district each 6 years. At the
23end of the 5th year of the district's existence, or any
24extension thereof, the governing body of the district must call
25and hold a referendum at which the following question shall be
26placed before the electors of the district:
27     (a)  SHALL THE (insert name of district) CONTINUE IN
28EXISTENCE?
29     YES _____
30     NO ______
31
32If this question fails to receive the affirmative vote of a
33majority of the electors voting on the question, the governing
34body of the district must adopt a plan for winding up the
35affairs of the district. If the governing body fails to do so,
36the county in which the special district is located shall
37succeed to the assets of, and assume the liabilities and the
38responsibilities of, the district. If this question fails to
39receive the affirmative vote of a majority of the electors
40voting on the question, the question in paragraph (b) is void.
41     (b)  SHALL THE (insert name of district) CONTINUE TO IMPOSE
42(taxes or special assessments) FOR AN ADDITIONAL 6 YEARS?
43     YES _____
44     NO _____
45
46If this question does not receive the affirmative vote of a
47majority of the electors of the district voting on the question,
48the authority of the district to impose taxes or special
49assessments expires at the end of the then-current 6-year
50authorization. If that occurs, the governing body of the
51district may propose an alternative funding source and present
52it to the electors of the district for their approval at a
53referendum held before the expiration of authority to impose the
54disapproved tax or special assessment.
55     (2)  The following requirements apply to each special
56district created before July 1, 2005:
57     (a)  If such a district is imposing a tax or a special
58assessment that, according to its own terms, is valid for a
59specified time, the district may not extend the period of
60authorization of the tax or special assessment without approval
61of the electors of the district. An extension under this
62paragraph may not be for a period of more than 6 years. At the
63end of any extension, the governing body must obtain the
64approval of the electors of the district before the tax or
65special assessment may be further extended.
66     (b)  If such a district is not as of July 1, 2005, imposing
67a tax or special assessment that it has authority to impose, the
68district may not thereafter impose the tax or special assessment
69for a period of more than 6 years. At the end of the 5th year of
70such tax or special assessment, the governing body of the
71district must call and hold a referendum at which the following
72question shall be placed before the electors of the district:
73     SHALL THE (insert name of district) CONTINUE TO IMPOSE
74(taxes or special assessment) FOR AN ADDITIONAL 6 YEARS?
75     YES _____
76     NO ______
77     (3)  With respect to any referendum required by this
78section, if a general election will be held within 15 months
79before expiration of authority for the special district's
80existence or authority to impose a tax or special assessment,
81the referendum may be held in conjunction with the general
82election and a special election need not be called.
83     Section 2.  This act shall take effect July 1, 2005.


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