| 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 an exception; providing that such |
| 7 | provisions preempt certain special acts; 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; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 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 |
| 28 | charter affecting the status or boundaries of one or more |
| 29 | special districts shall be filed with the Special District |
| 30 | Information Program within 30 days of such activity. |
| 31 | (2)(a) Unless otherwise provided by general law, the |
| 32 | merger or dissolution of an independent special district or a |
| 33 | dependent special district created and operating pursuant to a |
| 34 | special act may only be effectuated by the Legislature unless |
| 35 | otherwise provided by general law. |
| 36 | (b) If a local general-purpose government seeks to |
| 37 | dissolve an active independent special district created and |
| 38 | operating pursuant to a special act whose board objects by |
| 39 | resolution to the dissolution, the dissolution of the active |
| 40 | independent special district is not effective until a special |
| 41 | act of the Legislature is approved by a majority of the resident |
| 42 | electors of the district or landowners voting in the same manner |
| 43 | by which the independent special district's governing board is |
| 44 | elected. This paragraph also applies if an independent special |
| 45 | district's governing board elects to dissolve the district by |
| 46 | less than a supermajority vote of the board. |
| 47 | (c) If a local general-purpose government seeks to merge |
| 48 | an active independent special district or districts created and |
| 49 | operating pursuant to a special act whose board or boards object |
| 50 | by resolution to the merger, the merger of the active |
| 51 | independent special district or districts is not effective until |
| 52 | the special act of the Legislature is approved at separate |
| 53 | referenda of the impacted local governments by a majority of the |
| 54 | resident electors or landowners voting in the same manner by |
| 55 | which each independent special district's governing board is |
| 56 | elected. The special act shall include a plan of merger that |
| 57 | addresses transition issues such as the effective date of the |
| 58 | merger, governance, administration, powers, pensions, and |
| 59 | assumption of all assets and liabilities. |
| 60 | (d) The political subdivisions proposing the involuntary |
| 61 | dissolution or merger of an active independent special district |
| 62 | shall be responsible for payment of any expenses associated with |
| 63 | the referenda required under paragraphs (b) and (c). |
| 64 | (e) Independent and dependent special districts that meet |
| 65 | any criteria for being declared inactive, or that have already |
| 66 | been declared inactive, pursuant to s. 189.4044 may be dissolved |
| 67 | or merged by special act without a referendum. |
| 68 | (f) If an inactive independent special district was |
| 69 | created by a county or municipality through a referendum, the |
| 70 | county or municipality that created the district may dissolve |
| 71 | the district after publishing notice as described in s. |
| 72 | 189.4044. If an independent special district was created by a |
| 73 | county or municipality by referendum or any other procedure, the |
| 74 | county or municipality that created the district may merge or |
| 75 | dissolve the district pursuant to a referendum and any other the |
| 76 | same procedure by which the independent district was created. If |
| 77 | the However, for any independent special district that has ad |
| 78 | valorem taxation powers, the same procedure by which the |
| 79 | required to grant such independent district was granted ad |
| 80 | valorem taxation powers shall also be followed required to |
| 81 | dissolve or merge the district. |
| 82 | (g) This subsection preempts any special act to the |
| 83 | contrary unless a specific dissolution date of the independent |
| 84 | district is provided in the special act. |
| 85 | (3) The government formed by merger of an existing |
| 86 | independent special district or districts with another |
| 87 | government shall assume all indebtedness of, and receive title |
| 88 | to all property owned by, the preexisting independent special |
| 89 | district or districts. |
| 90 | (4) Financial allocations of the assets and indebtedness |
| 91 | of a dissolved independent special district shall be pursuant to |
| 92 | s. 189.4045. |
| 93 | (5)(3) The provisions of This section does shall not apply |
| 94 | to community development districts implemented pursuant to |
| 95 | chapter 190 or to water management districts created and |
| 96 | operated pursuant to chapter 373. |
| 97 | Section 2. Paragraph (a) of subsection (1) and subsection |
| 98 | (4) of section 189.4044, Florida Statutes, are amended to read: |
| 99 | 189.4044 Special procedures for inactive districts.- |
| 100 | (1) The department shall declare inactive any special |
| 101 | district in this state by documenting that: |
| 102 | (a) The special district meets one of the following |
| 103 | criteria: |
| 104 | 1. The registered agent of the district, the chair of the |
| 105 | governing body of the district, or the governing body of the |
| 106 | appropriate local general-purpose government notifies the |
| 107 | department in writing that the district has taken no action for |
| 108 | 2 or more years; |
| 109 | 2. Following an inquiry from the department, the |
| 110 | registered agent of the district, the chair of the governing |
| 111 | body of the district, or the governing body of the appropriate |
| 112 | local general-purpose government notifies the department in |
| 113 | writing that the district has not had a governing board or a |
| 114 | sufficient number of governing board members to constitute a |
| 115 | quorum for 2 or more years or the registered agent of the |
| 116 | district, the chair of the governing body of the district, or |
| 117 | the governing body of the appropriate local general-purpose |
| 118 | government fails to respond to the department's inquiry within |
| 119 | 21 days; or |
| 120 | 3. The department determines, pursuant to s. 189.421, that |
| 121 | the district has failed to file any of the reports listed in s. |
| 122 | 189.419; or |
| 123 | 4. The governing body of the district provides |
| 124 | documentation to the department that it has unanimously adopted |
| 125 | a resolution declaring the district inactive. The district shall |
| 126 | be responsible for payment of any expenses associated with its |
| 127 | dissolution. |
| 128 | (4) The entity that created a special district declared |
| 129 | inactive under this section must dissolve the special district |
| 130 | by repealing its enabling laws or by other appropriate means. |
| 131 | Any special district declared inactive pursuant to subparagraph |
| 132 | (1)(a)4. may be dissolved without a referendum. |
| 133 | Section 3. This act shall take effect July 1, 2011. |