CS/CS/HB 1095

1	A bill to be entitled
2	An act relating to special districts; amending s.
3	189.4042, F.S.; revising provisions relating to merger and
4	dissolution procedures for special districts; requiring
5	certain merger and dissolution procedures to include
6	referenda; providing that such provisions preempt prior
7	special acts; providing an exception; providing for a
8	local government to assume the indebtedness of, and
9	receive the title to property owned by, a special district
10	under certain circumstances; amending s. 189.4044, F.S.;
11	revising dissolution procedures for special districts
12	declared inactive by a governing body; repealing s.
13	191.014(3), F.S., relating to the conditions under which
14	the merger of independent special fire control districts
15	with other special districts is effective and the
16	conditions under which a merged district is authorized to
17	increase ad valorem taxes; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 189.4042, Florida Statutes, is amended
22	to read:
23	189.4042  Merger and dissolution procedures.-
24	(1)(a)  The merger or dissolution of dependent special
25	districts may be effectuated by an ordinance of the general-
26	purpose local governmental entity wherein the geographical area
27	of the district or districts is located. However, a county may
28	not dissolve a special district that is dependent to a
29	municipality or vice versa, or a dependent district created by
30	special act.
31	(b)  A copy of any ordinance and of any changes to a
32	charter affecting the status or boundaries of one or more
33	special districts shall be filed with the Special District
34	Information Program within 30 days of such activity.
35	(2)(a)  Merger or dissolution of a dependent special
36	district.-Unless otherwise provided by general law, the merger
37	or dissolution of an independent special district or a dependent
38	special district created and operating pursuant to a special act
39	may only be effectuated by the Legislature unless otherwise
40	provided by general law.
41	(b)  Involuntary dissolution of an independent special
42	district created by the Legislature.-If a local general-purpose
43	government seeks to dissolve an active independent special
44	district created and operating pursuant to a special act whose
45	board objects by resolution to the dissolution, the dissolution
46	of the active independent special district is not effective
47	until a special act of the Legislature is approved by a majority
48	of the resident electors of the district or landowners voting in
49	the same manner by which the independent special district's
50	governing board is elected. This paragraph also applies if an
51	independent special district's governing board elects to
52	dissolve the district by less than a supermajority vote of the
53	board.
54	(c)  Involuntary merger of an independent special district
55	created by the Legislature.-If a local general-purpose
56	government seeks to merge an active independent special district
57	created and operating pursuant to a special act whose board
58	objects by resolution to the merger with the local general-
59	purpose government, a separate local general-purpose government,
60	or an independent special district or districts, hereinafter
61	called "the impacted local government," the merger of the active
62	independent special district is not effective until a plan of
63	merger that addresses transition issues such as the effective
64	date of the merger, governance, administration, powers,
65	pensions, and assumption of all assets and liabilities is
66	approved by the impacted local government, the independent
67	special district, and the Legislature and the special act of the
68	Legislature is approved at separate referendums of the impacted
69	local government and the independent special district by a
70	majority of the resident electors or landowners voting in the
71	same manner by which the independent special district's
72	governing board is elected.
73	(d)  Voluntary merger of independent special districts
74	created by the Legislature.-Two independent special districts
75	with similar functions and elected governing boards may elect to
76	merge into one independent special district that is created
77	through the act of the existing independent special district,
78	hereinafter called "the merged district," pursuant to the
79	following procedure:
80	1.  The governing body of each independent special district
81	must adopt a resolution providing for a plan of merger that
82	addresses transition issues such as the effective date of the
83	merger, administration, the assumption of all assets and
84	liabilities by the merged district, and the referendum question
85	to be presented for approval. The resolutions must be adopted at
86	least 3 months before any general election or special election
87	on the subject. Upon notification to the supervisor of elections
88	of the applicable county of the adoption of the resolutions by
89	each independent special district, the supervisor of elections
90	shall schedule separate referendums for each district. The
91	referendums shall be held pursuant to the Florida Election Code
92	and may be held pursuant to ss. 101.6101-101.6107. All costs of
93	the referendums shall be borne by each of the participating
94	independent special districts. Upon majority approval of the
95	referendums by the qualified electors of each of the independent
96	special districts in separate votes, the merged district shall
97	be created. Upon the receipt of approval of the referendums by a
98	majority of the resident electors or landowners in each of the
99	independent special districts voting in the same manner by which
100	each district's governing board is elected, the two districts
101	shall merge upon the effective date provided for in the adopted
102	merger plan, and all assets and liabilities of the districts
103	shall transfer to the merged district upon such effective date.
104	Each independent special district shall be considered a subunit
105	of the merged district.
106	2.  Until such time as a unified charter is approved by the
107	Legislature, the merged district shall be limited in its powers
108	and financing capabilities within each subunit to those powers
109	that existed within the boundaries of each subunit that were
110	previously granted to the associated special district by its
111	special acts prior to the merger. The merged district may not,
112	solely by reason of the merger, increase its powers or financing
113	capability. The intent is to preserve and transfer all authority
114	to the merged district within each subunit that was previously
115	granted by the Legislature and, if applicable, approved by
116	referendum.
117	3.  Until such time as a unified charter is approved by the
118	Legislature, the merged district shall only exercise the
119	legislative authority to levy and collect revenues within the
120	boundaries of each subunit that were previously granted to the
121	associated special district by its special acts, including the
122	ability to levy non-ad valorem assessments, ad valorem millage,
123	impact fees, and charges. The intent is to preserve and transfer
124	all authority to the merged district to levy ad valorem taxes
125	upon the property within each subunit up to the millage rate,
126	and non-ad valorem assessments, if applicable, that were
127	previously approved by referendum. The merged district may not,
128	solely by reason of the merger, increase ad valorem taxes on
129	property within the original limits of a subunit beyond the
130	maximum ad valorem rate approved by the electors of the
131	associated special district. For purposes of s. 2, Art. VII of
132	the State Constitution, each subunit may be considered a
133	separate taxing unit. The merged district may only levy an ad
134	valorem millage rate within a subunit, if applicable, up to the
135	millage rate that was previously approved by the electors of the
136	associated special district unless an increase in the millage
137	rate is approved pursuant to state law. The merged district may
138	not, solely by reason of the merger, charge non-ad valorem
139	assessments, impact fees, or other new fees within a subunit
140	that were not otherwise previously authorized to be charged.
141	4.  From the effective date of the merger and until the
142	next general election, the merged district's governing board
143	shall be comprised of the governing board members of each
144	associated special district, with such members serving until the
145	governing board members who are elected at the next general
146	election take office. Beginning with the next general election
147	following the effective date of the merger, the merged
148	district's governing board shall be comprised of five members,
149	with the office of each member of the board being designated as
150	a seat on the board distinguished from each of the other seats
151	by a numeral: 1, 2, 3, 4, or 5. The governing board members
152	initially elected in the general elections following the
153	effective date of the merger shall serve unequal terms of 2 and
154	4 years in order to create staggered membership of the governing
155	board, with seats 1, 3, and 5 being designated for 4-year terms
156	and seats 2 and 4 being designated for 2-year terms. Thereafter,
157	all terms shall be for 4 years.
158	5.  Within 30 days after the effective date of the merger,
159	the merged district's governing board shall hold an
160	organizational meeting and determine the name of the merged
161	district, which shall be sent to the Department of State and the
162	Department of Community Affairs.
163	6.  The effective date of the merger of the independent
164	special districts shall be as provided for in the merger plan
165	and shall not be contingent upon future act of the Legislature.
166	However, as soon as practicable, the merged district shall, at
167	its expense, submit to the Legislature for approval a unified
168	charter for the merged district. The unified charter shall make
169	the powers of the district consistent within the merged district
170	and shall also repeal the special acts of the two districts that
171	merged.
172	(e)  Costs of involuntary merger or dissolution.-The
173	political subdivisions proposing the involuntary dissolution or
174	merger of an active independent special district shall be
175	responsible for payment of any expenses associated with the
176	referendum required under paragraph (b).
177	(f)  Inactive special districts.-Independent and dependent
178	special districts that meet any criteria for being declared
179	inactive, or that have already been declared inactive, pursuant
180	to s. 189.4044 may be dissolved or merged by special act without
181	a referendum.
182	(g)  Dissolution of an independent special district created
183	by a local general-purpose government.-If an inactive
184	independent special district was created by a county or
185	municipality through a referendum, the county or municipality
186	that created the district may dissolve the district after
187	publishing notice as described in s. 189.4044. If an independent
188	special district was created by a county or municipality by
189	referendum or any other procedure, the county or municipality
190	that created the district may merge or dissolve the district
191	pursuant to a referendum and any other the same procedure by
192	which the independent district was created. If the However, for
193	any independent special district that has ad valorem taxation
194	powers, the same procedure by which the required to grant such
195	independent district was granted ad valorem taxation powers
196	shall also be followed required to dissolve or merge the
197	district.
198	(h)  Preemption.-This subsection preempts any special act
199	to the contrary unless a specific dissolution date of the
200	independent district is provided in the special act.
201	(3)  The government formed by merger of an existing
202	independent special district or districts with another
203	government shall assume all indebtedness of, and receive title
204	to all property owned by, the preexisting independent special
205	district or districts.
206	(4)  Financial allocations of the assets and indebtedness
207	of a dissolved independent special district shall be pursuant to
208	s. 189.4045.
209	(5)(3)  The provisions of This section does shall not apply
210	to community development districts implemented pursuant to
211	chapter 190 or to water management districts created and
212	operated pursuant to chapter 373.
213	Section 2.  Subsection (4) of section 189.4044, Florida
214	Statutes, is amended to read:
215	189.4044  Special procedures for inactive districts.-
216	(4)  The entity that created a special district declared
217	inactive under this section must dissolve the special district
218	by repealing its enabling laws or by other appropriate means.
219	Notwithstanding this subsection or any other section of law, if
220	the governing body of a special district unanimously adopts a
221	resolution declaring the district inactive pursuant to
222	paragraphs (1)(b) and (c) and no administrative appeals were
223	timely filed, the special district may be dissolved without a
224	referendum. The special district shall be responsible for
225	payment of any expenses associated with its dissolution.
226	Section 3.  Subsection (3) of section 191.014, Florida
227	Statutes, is repealed.
228	Section 4.  This act shall take effect July 1, 2010.

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