Florida Senate - 2010 SB 1568
By Senator Negron
28-00965B-10 20101568__
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
4 and dissolution procedures for special districts;
5 requiring certain merger and dissolution procedures to
6 include referenda; providing that such provisions
7 preempt prior special acts; providing for a local
8 government to assume the indebtedness of, and receive
9 the title to property owned by, a special district
10 under certain circumstances; providing charter
11 requirements for the assumption of such indebtedness
12 and transfer of such title to property; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 189.4042, Florida Statutes, is amended
18 to read:
19 189.4042 Merger and dissolution procedures.—
20 (1)(a) The merger or dissolution of dependent special
21 districts may be effectuated by an ordinance of the general
22 purpose local governmental entity wherein the geographical area
23 of the district or districts is located. However, a county may
24 not dissolve a special district that is dependent to a
25 municipality or vice versa, or a dependent district created by
26 special act.
27 (b) A copy of any ordinance and of any changes to a charter
28 affecting the status or boundaries of one or more special
29 districts shall be filed with the Special District Information
30 Program within 30 days of such activity.
31 (2)(a) Unless otherwise provided by general law, the merger
32 or dissolution of an independent special district or a dependent
33 special district created and operating pursuant to a special act
34 may only be effectuated by the Legislature unless otherwise
35 provided by general law.
36 (b) Unless otherwise provided by general law:
37 1. The dissolution of an independent special district
38 created and operating pursuant to a special act may only be
39 effectuated by the Legislature and a referendum of the resident
40 electors of the district, provided the district contains
41 resident electors.
42 2. The merger of an independent special district created
43 and operating pursuant to a special act with another political
44 subdivision may only be effectuated by the Legislature and a
45 referendum of the resident electors of the political subdivision
46 and of the district, provided the political subdivision and the
47 district contain resident electors.
48 (c) If an inactive independent special district was created
49 by a county or municipality through a referendum, the county or
50 municipality that created the district may dissolve the district
51 after publishing notice as described in s. 189.4044.
52 (d) If an independent special district was created by a
53 county or municipality by referendum or any other procedure, the
54 county or municipality that created the district may merge or
55 dissolve the district pursuant to a referendum and any other the
56 same procedure by which the independent district was created.
57 (e) If an However, for any independent special district
58 that has ad valorem taxation powers was created by a county or
59 municipality by referendum or any other procedure, the county or
60 municipality that created the district may merge or dissolve the
61 district pursuant to a referendum, any other procedure by which
62 the district was created, and the same procedure by which the
63 required to grant such independent district was granted ad
64 valorem taxation powers shall also be required to dissolve or
65 merge the district.
66 (f) This subsection preempts any special act to the
67 contrary.
68 (3) The government formed by merger of an existing
69 independent special district or districts with another
70 government shall assume all indebtedness of, and receive title
71 to all property owned by, the preexisting independent special
72 district or districts. The proposed charter shall provide for
73 the determination of the proper allocation of the indebtedness
74 so assumed and the manner in which the debt shall be retired.
75 (4) The dissolution of an independent special district
76 shall transfer the title to all property owned by the
77 preexisting independent special district to the county
78 government, which shall also assume all indebtedness of the
79 preexisting independent special district, unless otherwise
80 provided in the dissolution plan.
81 (5)(3) The provisions of this section shall not apply to
82 community development districts implemented pursuant to chapter
83 190 or to water management districts created and operated
84 pursuant to chapter 373.
85 Section 2. This act shall take effect July 1, 2010.