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