Florida Senate - 2008 CS for SB 2710

By the Committee on Community Affairs; and Senator Aronberg

578-07959-08 20082710c1

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A bill to be entitled

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An act relating to special districts; amending s. 170.01,

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F.S.; revising provisions relating to special assessments;

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authorizing a municipality to determine by resolution that

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the affected property owners vote by tax folio numbers of

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affected properties or by total square footage of the

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affected properties; amending s. 189.403, F.S.; revising

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the definition of "special district"; creating s.

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189.4221, F.S.; authorizing a special district to purchase

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commodities and contractual services from the purchasing

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agreements of other special districts, municipalities, or

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counties; creating s. 418.27, F.S.; requiring that certain

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special recreation districts be dissolved within a certain

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period after the bonds are satisfied; requiring that the

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district or bonding authority notify the municipality or

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county that created the special district that the bonds

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have been satisfied; requiring such district to file a

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notice with the county clerk and the property appraiser

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that the district has been dissolved; providing for

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retroactivity; repealing ch. 77-635, Laws of Florida, and

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abolishing the Pinellas Sports Authority; repealing ch.

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84-423, Laws of Florida, and abolishing the Tri-County

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Hospital Authority; repealing ch. 12010, Laws of Florida,

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and abolishing the Eagle Bay Sub-Drainage District;

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repealing ch. 84-391, Laws of Florida, and abolishing the

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Bay County Bridge Authority; repealing ch. 2004-451, Laws

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of Florida, and abolishing the North Sumter County

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Hospital District; providing for severability; providing

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an effective date.

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

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     Section 1.  Subsection (3) of section 170.01, Florida

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Statutes, is amended to read:

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     170.01  Authority for providing improvements and levying and

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collecting special assessments against property benefited.--

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     (3)  Any municipality, subject to the approval of a majority

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of the affected property owners who actually vote as required by

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this section, may levy and collect special assessments against

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property benefited for the purpose of stabilizing and improving:

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     (a)  Retail business districts,

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     (b)  Wholesale business districts, or

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     (c)  Nationally recognized historic districts,

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or any combination of such districts, through promotion,

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management, marketing, and other similar services in such

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districts of the municipality. This subsection does not authorize

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a municipality to use bond proceeds to fund ongoing operations of

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these districts. Any municipality may determine in a resolution

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to declare special assessments pursuant to s. 170.03, that the

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vote of the affected property owners shall be by tax folio

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numbers of affected properties or by total square footage of the

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affected properties.

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     Section 2.  Subsection (1) of section 189.403, Florida

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Statutes, is amended to read:

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     189.403  Definitions.--As used in this chapter, the term:

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     (1)  "Special district" means a local unit of special

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purpose, as opposed to general-purpose, government within a

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limited boundary, created by general law, special act, local

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ordinance, or by rule of the Governor and Cabinet. The special

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purpose or purposes of special districts are implemented by

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specialized functions and related prescribed powers. For the

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purpose of ss. 196.199(1) and 282.104 s. 196.199(1), special

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districts shall be treated as municipalities. The term does not

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include a school district, a community college district, a

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special improvement district created pursuant to s. 285.17, a

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municipal service taxing or benefit unit as specified in s.

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125.01, or a board which provides electrical service and which is

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a political subdivision of a municipality or is part of a

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municipality.

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     Section 3.  Section 189.4221, Florida Statutes, is created

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to read:

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     189.4221 Purchases from purchasing agreements of special

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districts, municipalities, or counties.--Special districts may

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purchase commodities and contractual services from the purchasing

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agreements of other special districts, municipalities, or

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counties procured pursuant to competitive bid, requests for

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proposals, requests for qualifications, competitive selection, or

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competitive negotiations, and otherwise in compliance with

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general law if the purchasing agreement of the other special

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district, municipality, or county was procured by a process that

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would have met the procurement requirements of the purchasing

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special district.

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     Section 4.  Section 418.27, Florida Statutes, is created to

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read:

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     418.27 Dissolution of special recreation districts created

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for condominiums.--A special recreation district that was

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created for the exclusive use of a condominium and whose land or

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facilities were acquired by financing through bonds shall be

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administratively dissolved within 60 days after the satisfaction

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of the bonds, unless stated otherwise in the charter of the

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special recreation district. Within 30 days after the bonds have

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been satisfied, the district or bonding authority shall send a

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notice to the municipality or county that created the district

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stating that the bonds issued to acquire the recreational

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amenities have been satisfied. Within 30 days thereafter, the

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district shall file a notice with the clerk of the county in

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which the district is located, and with the property appraiser

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of such county, that the district has been dissolved and shall

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execute a warranty deed conveying its real and personal property

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to the condominium association or master association charged

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with the responsibility of maintaining the recreational

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amenities. This section is retroactive in application and all

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existing special recreation districts to which this section

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applies shall be administratively dissolved by September 1,

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2008.

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     Section 5. Chapter 77-635, Laws of Florida, is repealed,

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and the Pinellas Sports Authority is abolished.

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     Section 6. Chapter 84-423, Laws of Florida, is repealed,

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and the Tri-County Hospital Authority is abolished.

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     Section 7. Chapter 12010, Laws of Florida, is repealed,

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and the Eagle Bay Sub-Drainage District is abolished.

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     Section 8. Chapter 84-391, Laws of Florida, is repealed,

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and the Bay County Bridge Authority is abolished.

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     Section 9. Chapter 2004-451, Laws of Florida, is repealed,

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and the North Sumter County Hospital District is abolished.

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     Section 10. If any provision of this act or its

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application to any person or circumstance is held invalid, the

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invalidity does not affect other provisions or applications of

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the act which can be given effect without the invalid provision

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or application, and to this end the provisions of this act are

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severable.

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     Section 11.  This act shall take effect July 1, 2008.

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