| 1 | A bill to be entitled |
| 2 | An act relating to municipalities and special districts; |
| 3 | amending s. 170.01, F.S.; authorizing municipalities to |
| 4 | specify a voting methodology for levying and collecting |
| 5 | special assessments; amending s. 189.403, F.S.; expanding |
| 6 | purposes for which a special district may be treated as a |
| 7 | municipality; creating s. 189.4221, F.S.; authorizing |
| 8 | special districts to purchase commodities procured through |
| 9 | specified means; amending s. 190.006, F.S.; increasing a |
| 10 | filing fee for members of district boards of supervisors; |
| 11 | increasing compensation for board members; creating s. |
| 12 | 418.27, F.S.; requiring dissolution of certain special |
| 13 | recreation districts created for condominiums under |
| 14 | certain circumstances; providing dissolution requirements; |
| 15 | repealing ch. 77-536, Laws of Florida, abolishing the |
| 16 | Pinellas Sports Authority; repealing ch. 84-423, Laws of |
| 17 | Florida, abolishing the Tri-County Hospital Authority; |
| 18 | repealing ch. 12010, Laws of Florida, abolishing the Eagle |
| 19 | Bay Sub-Drainage District; repealing ch. 84-391, Laws of |
| 20 | Florida, abolishing the Bay County Bridge Authority; |
| 21 | repealing ch. 2004-451, Laws of Florida, abolishing the |
| 22 | North Sumter County Hospital District; providing |
| 23 | severability; providing an effective date. |
| 24 |
|
| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
|
| 27 | Section 1. Subsection (3) of section 170.01, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 170.01 Authority for providing improvements and levying |
| 30 | and collecting special assessments against property benefited.-- |
| 31 | (3) Any municipality, subject to the approval of a |
| 32 | majority of the affected property owners who actually vote in |
| 33 | the vote required by this section, may levy and collect special |
| 34 | assessments against property benefited for the purpose of |
| 35 | stabilizing and improving: |
| 36 | (a) Retail business districts, |
| 37 | (b) Wholesale business districts, or |
| 38 | (c) Nationally recognized historic districts, |
| 39 |
|
| 40 | or any combination of such districts, through promotion, |
| 41 | management, marketing, and other similar services in such |
| 42 | districts of the municipality. This subsection does not |
| 43 | authorize a municipality to use bond proceeds to fund ongoing |
| 44 | operations of these districts. Any municipality may determine in |
| 45 | any resolution required by s. 170.03 to declare special |
| 46 | assessments that the vote of affected property owners shall be |
| 47 | conducted by voting by tax folio numbers of affected properties |
| 48 | or by total square footage of the affected properties. |
| 49 | Section 2. Subsection (1) of section 189.403, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 189.403 Definitions.--As used in this chapter, the term: |
| 52 | (1) "Special district" means a local unit of special |
| 53 | purpose, as opposed to general-purpose, government within a |
| 54 | limited boundary, created by general law, special act, local |
| 55 | ordinance, or by rule of the Governor and Cabinet. The special |
| 56 | purpose or purposes of special districts are implemented by |
| 57 | specialized functions and related prescribed powers. For the |
| 58 | purpose of ss. s. 196.199(1) and 282.104, special districts |
| 59 | shall be treated as municipalities. The term does not include a |
| 60 | school district, a community college district, a special |
| 61 | improvement district created pursuant to s. 285.17, a municipal |
| 62 | service taxing or benefit unit as specified in s. 125.01, or a |
| 63 | board which provides electrical service and which is a political |
| 64 | subdivision of a municipality or is part of a municipality. |
| 65 | Section 3. Section 189.4221, Florida Statutes, is created |
| 66 | to read: |
| 67 | 189.4221 Purchases from purchasing agreements of special |
| 68 | districts, municipalities, or counties.--Special districts may |
| 69 | purchase commodities and contractual services from the |
| 70 | purchasing agreements of other special districts, |
| 71 | municipalities, or counties procured pursuant to competitive |
| 72 | bid, requests for proposals, requests for qualifications, |
| 73 | competitive selection, or competitive negotiations, and |
| 74 | otherwise in compliance with general law if the purchasing |
| 75 | agreement of the other special district, municipality, or county |
| 76 | was procured by a process that would have met the procurement |
| 77 | requirements of the purchasing special district. |
| 78 | Section 4. Paragraph (c) of subsection (3) and subsection |
| 79 | (8) of section 190.006, Florida Statutes, are amended to read: |
| 80 | 190.006 Board of supervisors; members and meetings.-- |
| 81 | (3) |
| 82 | (c) Candidates seeking election to office by qualified |
| 83 | electors under this subsection shall conduct their campaigns in |
| 84 | accordance with the provisions of chapter 106 and shall file |
| 85 | qualifying papers and qualify for individual seats in accordance |
| 86 | with s. 99.061. Candidates shall pay a qualifying fee, which |
| 87 | shall consist of a filing fee and an election assessment or, as |
| 88 | an alternative, shall file a petition signed by not less than 1 |
| 89 | percent of the registered voters of the district, and take the |
| 90 | oath required in s. 99.021, with the supervisor of elections in |
| 91 | the county affected by such candidacy. The amount of the filing |
| 92 | fee is 3 percent of $7,500 $4,800; however, if the electors have |
| 93 | provided for compensation pursuant to subsection (8), the amount |
| 94 | of the filing fee is 3 percent of the maximum annual |
| 95 | compensation so provided. The amount of the election assessment |
| 96 | is 1 percent of $7,500 $4,800; however, if the electors have |
| 97 | provided for compensation pursuant to subsection (8), the amount |
| 98 | of the election assessment is 1 percent of the maximum annual |
| 99 | compensation so provided. The filing fee and election assessment |
| 100 | shall be distributed as provided in s. 105.031(3). |
| 101 | (8) Each supervisor shall be entitled to receive for his |
| 102 | or her services an amount not to exceed $200 per meeting of the |
| 103 | board of supervisors, not to exceed $7,500 $4,800 per year per |
| 104 | supervisor, or an amount established by the electors at |
| 105 | referendum. In addition, each supervisor shall receive travel |
| 106 | and per diem expenses as set forth in s. 112.061. |
| 107 | Section 5. Section 418.27, Florida Statutes, is created to |
| 108 | read: |
| 109 | 418.27 Dissolution of special recreation districts created |
| 110 | for condominiums.--Provided the charter of the special |
| 111 | recreation district does not specifically state to the contrary, |
| 112 | all special recreation districts that were created principally |
| 113 | for the exclusive use of a condominium and the land or |
| 114 | facilities of which were acquired by financing through bonds |
| 115 | shall be administratively dissolved within 60 days after the |
| 116 | satisfaction of the bonds. Within 30 days after the bonds have |
| 117 | been satisfied, the district or bonding authority shall send a |
| 118 | notice to the municipality or county that created the district |
| 119 | stating that the bonds issued to acquire the recreational |
| 120 | amenities have been satisfied. Within 30 days thereafter, the |
| 121 | district shall file with the county clerk of the county in which |
| 122 | such district is located and with the property appraiser of such |
| 123 | county notice that the district had been dissolved and shall |
| 124 | execute a warranty deed conveying the real and personal property |
| 125 | of the district to the condominium association or master |
| 126 | association charged with the responsibility of maintaining the |
| 127 | recreational amenities. This section shall be retroactive in |
| 128 | application and all existing special districts to which this law |
| 129 | applies shall be administratively dissolved no later than 60 |
| 130 | days after this section becomes a law. |
| 131 | Section 6. Chapter 77-536, Laws of Florida, is repealed, |
| 132 | and the Pinellas Sports Authority is abolished. |
| 133 | Section 7. Chapter 84-423, Laws of Florida, is repealed, |
| 134 | and the Tri-County Hospital Authority is abolished. |
| 135 | Section 8. Chapter 12010, Laws of Florida, is repealed and |
| 136 | the Eagle Bay Sub-Drainage District is abolished. |
| 137 | Section 9. Chapter 84-391, Laws of Florida, is repealed |
| 138 | and the Bay County Bridge Authority is abolished. |
| 139 | Section 10. Chapter 2004-451, Laws of Florida, is repealed |
| 140 | and the North Sumter County Hospital District is abolished. |
| 141 | Section 11. If any provision of this act is held invalid |
| 142 | such invalidity shall not affect the other provisions or |
| 143 | applications hereof that can be given effect without causing the |
| 144 | invalid provision or application and to this end provisions of |
| 145 | this act are severable. |
| 146 | Section 12. This act shall take effect July 1, 2008. |