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 tothe provisions of27 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 tothe provisions ofthis 80 subsection, each county mustshallfirst 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 tothe86provisions ofs. 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.