CS for CS for SB 1216                            First Engrossed
       
       
       
       
       
       
       
       
       20101216e1
       
    1                        A bill to be entitled                      
    2         An act relating to children’s services; amending s.
    3         125.901, F.S.; requiring the governing body of the
    4         county to submit to the electorate the question of
    5         retention or dissolution of a special taxing district
    6         created to provide funding for children’s services;
    7         prescribing a schedule and conditions relating to
    8         submission of the question to the electorate;
    9         prescribing reauthorization conditions governing newly
   10         created children’s services districts; authorizing the
   11         governing board of a district to request a vote by the
   12         electorate before the prescribed year; providing for
   13         the application of the revisions made by this act to
   14         s. 125.901, F.S., to certain children’s services
   15         special districts in existence before and after the
   16         effective date of the act; providing an effective
   17         date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (4) of section 125.901, Florida
   22  Statutes, is amended to read:
   23         125.901 Children’s services; independent special district;
   24  council; powers, duties, and functions; public records
   25  exemption.—
   26         (4)(a) Any district created pursuant to the provisions of
   27  this section may be dissolved by a special act of the
   28  Legislature, or the county governing body may by ordinance
   29  dissolve the district subject to the approval of the electorate.
   30         (b)1.a. Notwithstanding paragraph (a), the governing body
   31  of the county shall submit the question of retention or
   32  dissolution of a district with voter-approved taxing authority
   33  to the electorate in the general election according to the
   34  following schedule:
   35         (I) For a district in existence on July 1, 2010, and
   36  serving a county with a population of 400,000 or fewer persons
   37  as of that date............................................2014.
   38         (II)For a district in existence on July 1, 2010, and
   39  serving a county with a population of more than 400,000 but
   40  fewer than 2 million persons as of that date...............2016.
   41         (III) For a district in existence on July 1, 2010, and
   42  serving a county with a population of 2 million or more persons
   43  as of that date............................................2020.
   44         b. A referendum by the electorate on or after July 1, 2010,
   45  creating a new district with taxing authority may specify that
   46  the district is not subject to reauthorization or may specify
   47  the number of years for which the initial authorization shall
   48  remain effective. If the referendum does not prescribe terms of
   49  reauthorization, the governing body of the county shall submit
   50  the question of retention or dissolution of the district to the
   51  electorate in the general election 12 years after the initial
   52  authorization.
   53         2. The governing board of the district may specify, and
   54  submit to the governing body of the county no later than nine
   55  months before the scheduled election, that the district is not
   56  subsequently subject to reauthorization or may specify the
   57  number of years for which a reauthorization under this paragraph
   58  shall remain effective. If the governing board of the district
   59  makes such specification and submission, the governing body of
   60  the county shall include that information in the question
   61  submitted to the electorate. If the governing board of the
   62  district does not specify and submit such information, the
   63  governing body of the county shall resubmit the question of
   64  reauthorization to the electorate every 12 years after the year
   65  prescribed in subparagraph 1. The governing board of the
   66  district may recommend to the governing body of the county
   67  language for the question submitted to the electorate.
   68         3. Nothing in this paragraph limits the authority to
   69  dissolve a district as provided under paragraph (a).
   70         4.Nothing in this paragraph precludes the governing board
   71  of a district from requesting that the governing body of the
   72  county submit the question of retention or dissolution of a
   73  district with voter-approved taxing authority to the electorate
   74  at a date earlier than the year prescribed in subparagraph 1. If
   75  the governing body of the county accepts the request and submits
   76  the question to the electorate, the governing body satisfies the
   77  requirement of that subparagraph.
   78  
   79  If any district is dissolved pursuant to the provisions of this
   80  subsection, each county must shall first obligate itself to
   81  assume the debts, liabilities, contracts, and outstanding
   82  obligations of the district within the total millage available
   83  to the county governing body for all county and municipal
   84  purposes as provided for under s. 9, Art. VII of the State
   85  Constitution. Any district may also be dissolved pursuant to the
   86  provisions of s. 189.4042.
   87         Section 2. Notwithstanding s. 31 of chapter 90-288, Laws of
   88  Florida, the revisions made by this act to s. 125.901, Florida
   89  Statutes, apply to any special district having taxing authority
   90  to provide funding for children’s services, and governed by a
   91  council on children’s services, which is in existence on the
   92  effective date of this act and to any such district created on
   93  or after the effective date of this act.
   94         Section 3. This act shall take effect upon becoming a law.