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A bill to be entitled

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An act relating to special districts; providing

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legislative intent; declaring that it is the policy of the

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state to codify the charter of each independent and

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dependent special district every 10 years; requiring each

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governmental entity that creates an independent or

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dependent special district to be responsible for the

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subsequent examination of the charter; providing for the

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periodic codification of the charter; providing criteria

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for determining the performance of an independent or

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dependent special district; requiring that the Legislature

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dispose of the assets of a special district it abolishes

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and assign the district's powers and duties; requiring

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that the Department of Community Affairs confirm any

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recommendation by a local governmental entity to abolish a

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special district; requiring that the assets, powers, and

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duties of the special district be transferred to the

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county or counties in which the special district operates;

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requiring each dependent and independent special district

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to pay the costs of conducting the subsequent examination;

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requiring that the examination be conducted by an outside

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auditor in certain circumstances; providing the schedule

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of special district codifications; providing procedures

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with respect to newly created districts, to districts that

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appear in more than one function classification, and to

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districts the codification of which was inadvertently

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omitted; creating s. 218.395, F.S.; providing liability of

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a special district officer or board member when an audit

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shows that the officer or member is responsible for

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financial loss by the special district through

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misfeasance, malfeasance, or nonfeasance; providing that

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the special district has a cause of action against the

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officer or member for recovery of its loss; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. It is the intent of the Legislature that the

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charters of all dependent and independent special districts in

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this state be codified under chapter 189, Florida Statutes, every

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10 years in order to conform their charters to current law and

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ensure their effectiveness and usefulness to the people of this

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state. The Legislature recognizes that not all special districts

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are creations of the Legislature. However, the Legislature

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determines that all dependent and independent special districts

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must be subject to review if this examination is to have the

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intended effect.

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     Section 2. The governmental entity that created a dependent

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or independent special district is the entity responsible for its

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subsequent examination. In conducting its examination, the

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governmental entity must determine:

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     (1) The services provided by the special district.

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     (2) The degree to which the services delivered by the

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special district are needed.

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     (3) Whether the special district is delivering services in

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the most cost-effective manner.

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     (4) Whether the services delivered by the special district

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duplicates service delivered by a governmental entity.

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     (5) Whether the persons administering the special district

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have demonstrated an appropriate degree of stewardship and fiscal

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responsibility over the public moneys received by the district.

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     Section 3. To carry out the examination of dependent and

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independent special districts, all special district charters

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shall be codified according to the schedule in section 4.

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     (1) Each September 1, the agency that created the special

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district must certify to the Department of Community Affairs

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those special district charters that are to be codified on

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October 1 of the following year.

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     (2)(a) If a dependent or independent special district was

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created by the Legislature, the certification must be made by the

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Legislature. The Legislature shall review each such special

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district charter and may revive, revive with modifications in

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structure or powers, or both, or abolish the charter. If the

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Legislature abolishes the special district charter, it must

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dispose of the assets of the special district and assign its

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powers and duties to a governmental entity, which may be an

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entity of local government, a state agency, or another special

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district.

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     (b) If a dependent or independent special district was

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created by an entity of local government, the certification must

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be made by that entity. The entity shall review each such special

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district charter and may recommend that the charter be revived,

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revived with modifications in structure or powers, or both, or

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abolished. If an entity of local government recommends abolishing

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a special district, upon confirmation by the Department of

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Community Affairs, the local governmental entity shall assume the

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assets, powers, and duties of the special district. If a

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governmental entity fails to examine the special district charter

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and to revive or abolish it, it is presumed that the governmental

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entity has recommended abolishing the special district and, upon

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confirmation of the Department of Community Affairs, the special

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district is abolished and its assets, powers, and duties shall be

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transferred to the county in which the special district operates.

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If the special district operates in more than one county, the

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assets shall be transferred to the counties pro rata according to

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the proportion of the special district within each county.

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     (3) Each dependent or independent special district must pay

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the costs associated with conducting the subsequent examination.

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If a member of the governmental entity that created the special

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district sits on the governing board of the special district, the

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governmental entity may not conduct the subsequent examination,

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but must employ an outside auditor to conduct the subsequent

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examination. If the dependent or independent special district

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does not hire an outside auditor or does not pay for the audit,

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the special district is abolished.

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     Section 4. The classifications in this section refer to the

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classifications in the Special Districts Function Index

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maintained by the Department of Community Affairs. The charters

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of special districts in the following function classifications

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are abolished in the years indicated:

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     (1) October 1, 2009: Affordable Housing, Airport/Aviation,

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Aquatic Plant Control, Arts, Beach and Shore Beautification,

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Civic Center, Conservation and Erosion, Environmental Protection,

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Historic Preservation, Inlet Maintenance, Library, Neighborhood

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Improvement, Recreation/Parks, Sports, and Transportation.

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     (2) October 1, 2010: Community Development, Community

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Redevelopment, County Development, Downtown Development, Economic

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Development, and Industrial Development in Alachua, Baker, Bay,

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Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay,

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Collier, Columbia, DeSoto, Dixie, Duval, Escambia, and Flagler

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Counties.

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     (3) October 1, 2011: Community Development, Community

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Redevelopment, County Development, Downtown Development, Economic

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Development, and Industrial Development in Franklin, Gadsden,

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Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando,

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Highlands, Hillsborough, Holmes, Indian River, Jackson,

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Jefferson, Lafayette, Lake, and Lee Counties.

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     (4) October 1, 2012: Community Development, Community

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Redevelopment, County Development, Downtown Development, Economic

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Development, and Industrial Development in Leon, Levy, Liberty,

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Madison, Manatee, Marion, Martin, Monroe, Nassau, Okaloosa,

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Okeechobee, and Orange Counties.

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     (5) October 1, 2013: Community Development, Community

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Redevelopment, County Development, Downtown Development, Economic

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Development, and Industrial Development in Osceola, Palm Beach,

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Pasco, Pinellas, and Polk Counties.

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     (6) October 1, 2014: Community Development, Community

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Redevelopment, County Development, Downtown Development, Economic

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Development, and Industrial Development in Putnam, Santa Rosa,

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Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee,

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Taylor, Union, Volusia, Wakulla, Walton, and Washington Counties.

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     (7) October 1, 2015: Children/Welfare, Emergency Medical

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Services, Fire Control and Rescue, Health Care, Health

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Facilities, Hospital, Juvenile Welfare, and Nursing Home.

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     (8) October 1, 2016: Housing Authority, Housing Finance,

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Information Systems, Infrastructure Provision, Lighting, Mobile

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Home Parks, Planning and Zoning, Solid Waste, Utility, and

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Wastewater Treatment.

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     (9) October 1, 2017: Capital Finance, Distribution

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Pipelines, Education/Research/Training, Educational Facilities

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(Higher), Educational Facilities Benefit, Expressways and

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Bridges, Mosquito Control, Municipal Services/Improvements,

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Parking, Personnel, Research and Development, Soil and Water

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Conservation, and Subdivision.

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     (10) October 1, 2018: Navigation, Port, Water Control,

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Water Management, Water Supply, and Water and Sewer.

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If any special district is included in more than one

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classification and those classifications are scheduled to be

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certified in different years, the governmental entity shall

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codify the district charter in the later of those years. If a

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special district is created after July 1, 2008, and would,

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according to the schedule in this section, be subject to

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examination in less than 3 years, the governmental entity may not

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codify that district charter at that time but wait until the next

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ensuing time for codification in that function classification. If

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the governmental entity fails to codify a district charter

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according to the schedule in this section, it shall codify the

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district charter on the September 1 following the discovery of

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the omission. Each charter of each district codified with or

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without modifications must be reexamined every 10 years following

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its initial examination.

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     Section 5.  Section 218.395, Florida Statutes, is created to

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read:

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     218.395 Certain officers; responsibility for audit

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findings.--If a special district audit conducted by the Auditor

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General or by a certified public accountant under s. 218.39

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determines that an officer or member of the governing body of a

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district has, through misfeasance, malfeasance, or nonfeasance,

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been responsible for a financial loss by the district, the

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officer or member is responsible for the amount of the loss and

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the district has a cause of action against the officer or member

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for its recovery.

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     Section 6.  This act shall take effect July 1, 2008.