Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 692
       
       
       
       
       
       
                                Barcode 314328                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             02/14/2012 02:56 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 135 and 136
    4  insert:
    5         Section 4. Municipal conversion of independent special
    6  districts upon elector-initiated and approved referendum.—
    7         (1) The qualified electors of an independent special
    8  district created by judicial decree or a special act of the
    9  Legislature, a majority of whose board is popularly elected, may
   10  commence a municipal conversion proceeding by filing a petition
   11  with the governing body of the independent special district
   12  proposing to be converted. The provisions of this section do not
   13  apply to a special district created pursuant to chapter 298,
   14  Florida Statutes, or a special act, a majority of whose
   15  governing board is elected on a one-acre, one-vote basis, unless
   16  the governing board consents to conversion, or to a special
   17  district in which all or a portion of the district is located
   18  within the jurisdictional limits of a municipality.
   19         (2)(a) The petition must include signatures of at least 40
   20  percent of the qualified electors of the independent special
   21  district and must be submitted not later than 1 year after the
   22  start of the qualified elector-initiated municipal conversion
   23  proceeding.
   24         (b) The petition must comply with, and be circulated in,
   25  the following form:
   26                PETITION FOR MUNICIPAL CONVERSION OF               
   27                    INDEPENDENT SPECIAL DISTRICT                   
   28         We, the undersigned electors and legal voters of
   29         (...name of independent special district...),
   30         qualified to vote at the next general or special
   31         election, respectfully petition that there be
   32         submitted to the electors and legal voters of (...name
   33         of independent special district proposed to be
   34         converted to a municipality...) for their approval or
   35         rejection at a referendum held for that purpose, a
   36         proposal to convert (...name of independent special
   37         district...) and incorporate (...proposed name of
   38         municipality...).
   39         In witness thereof, we have signed our names on the
   40         date indicated next to our signatures.
   41         Date Name (print under signature) Home Address
   42         ______________________________________________________
   43         _____________________________________________________
   44         (c) The petition must be validated by a signed statement by
   45  a witness who is a duly qualified elector of the independent
   46  special district, a notary public, or another person authorized
   47  to take acknowledgements.
   48         (d) A statement that is signed by a witness who is a duly
   49  qualified elector of the district shall be accepted for all
   50  purposes as the equivalent of an affidavit. The statement must
   51  be in substantially the following form:
   52         “I, (...name of witness...), state that I am a duly
   53         qualified voter of (...name of independent special
   54         district...). Each of the (...insert number...)
   55         persons who have signed this petition sheet has signed
   56         his or her name in my presence on the dates indicated
   57         above and identified himself or herself to be the same
   58         person who signed the sheet. I understand that this
   59         statement will be accepted for all purposes as the
   60         equivalent of an affidavit and, if it contains a
   61         materially false statement, shall subject me to the
   62         penalties of perjury.”
   63         Date Signature of Witness
   64         (e) A statement that is signed by a notary public or
   65  another person authorized to take acknowledgements must be in
   66  substantially the following form:
   67         “On the date indicated above before me personally came
   68         each of the (...insert number...) electors and legal
   69         voters whose signatures appear on this petition sheet,
   70         who signed the petition in my presence and who, being
   71         by me duly sworn, each for himself or herself,
   72         identified himself or herself as the same person who
   73         signed the petition, and I declare that the foregoing
   74         information they provided was true.”
   75         Date Signature of Witness
   76         (f) An alteration or correction of information appearing on
   77  a petition’s signature line, other than a signature that was not
   78  initialed, and date, does not invalidate the signature. In
   79  matters of form, this paragraph must be liberally construed, not
   80  inconsistent with substantial compliance thereto and the
   81  prevention of fraud.
   82         (3) The appropriately signed petition must be filed with
   83  the governing body of the independent special district. The
   84  petition must be submitted to the supervisor of elections of the
   85  county in which the district lands are located. The supervisor
   86  of elections shall, within 30 business days after receipt of the
   87  petition, certify to the governing body the number of signatures
   88  of qualified electors contained on the petition.
   89         (4) Upon verification by the supervisor of elections of the
   90  county within which the independent special district lands are
   91  located that 40 percent of the qualified electors have
   92  petitioned for municipal conversion and that all such petitions
   93  have been executed within 1 year after the date of the
   94  initiation of the qualified-elector conversion process, the
   95  governing body of the independent special district shall meet
   96  within 30 business days to prepare and approve by resolution a
   97  proposed elector-initiated combined conversion and incorporation
   98  plan. The proposed plan must include:
   99         (a) The name of the independent special district to be
  100  converted to a municipality.
  101         (b) The name of the municipality to be created.
  102         (c) The conversion schedule.
  103         (d) Notwithstanding s. 165.061(1)(d), Florida Statutes, the
  104  municipal boundaries must be certified by a licensed surveyor
  105  that the boundaries of the proposed municipality do not overlap
  106  with any other municipal boundary and are contained within a
  107  single county.
  108         (e) The rights, duties, and obligations of the
  109  municipality, and a feasibility study which contains the
  110  requirements under s. 165.041(1)(b), Florida Statutes, except
  111  the provisions of s. 165.061(1)(b)-(d), Florida Statutes, do not
  112  apply if the plan and the buildout of the current land use and
  113  zoning designations will meet the requirements of s. 163.3177,
  114  Florida Statutes.
  115         (f) The territorial boundaries of the proposed
  116  municipality.
  117         (g) The governmental organization of the proposed
  118  municipality and independent special district as the
  119  organization concerns elected and appointed officials and public
  120  employees, along with a transitional plan and schedule for
  121  elections and appointments of officials.
  122         (h) An accounting of the independent special district’s
  123  assets, including, but not limited to, real and personal
  124  property, and the current value of the property.
  125         (i) An accounting of the independent special district’s
  126  liabilities and indebtedness, bonded and otherwise, and the
  127  current value of the liabilities and indebtedness.
  128         (j) Terms for addressing the ownership and obligations
  129  related to existing assets, liabilities, and indebtedness of the
  130  independent special district, jointly, separately, or in defined
  131  proportions.
  132         (k) Terms for the common administration and uniform
  133  enforcement of existing laws within the proposed municipality.
  134         (l) An estimated date for final payment of any bonded
  135  indebtedness of the independent special district, and if
  136  maintained by the district after incorporation, the estimated
  137  date of automatic dissolution of the independent special
  138  district.
  139         (m) The time and place for a public hearing on the proposed
  140  incorporation.
  141         (n) The effective date of the proposed incorporation.
  142         (5) The resolution endorsing the proposed elector-initiated
  143  municipal incorporation plan must be approved by a majority vote
  144  of the governing body of the independent special district and
  145  must be adopted at least 60 business days before any general or
  146  special election on the proposed elector-initiated plan.
  147         (6) Within 5 business days after the independent special
  148  district approves the proposed elector-initiated municipal
  149  incorporation plan, the governing body must:
  150         (a) Cause a copy of the proposed elector-initiated
  151  municipal incorporation plan, along with a descriptive summary
  152  of the plan, to be displayed and be readily accessible to the
  153  public for inspection in at least three public places within the
  154  territorial limits of the independent special district, unless
  155  the independent special district has fewer than three public
  156  places, in which case the plan must be accessible for inspection
  157  in all public places within the independent special district.
  158         (b) If applicable, cause the proposed elector-initiated
  159  municipal incorporation plan, along with a descriptive summary
  160  of the plan and a reference to the public places within the
  161  independent special district where a copy of the plan may be
  162  examined, to be displayed on a website maintained by the
  163  district or otherwise on a website maintained by the county in
  164  which the district is located.
  165         (c) Arrange for a descriptive summary of the proposed
  166  elector-initiated municipal incorporation plan, and a reference
  167  to the public places within the district where a copy may be
  168  examined, to be published in a newspaper of general circulation
  169  within the independent special district at least once each week
  170  for 4 successive weeks.
  171         (7) The governing body of the independent special district
  172  shall set a time and place for one or more public hearings on
  173  the proposed elector-initiated combined municipal incorporation
  174  plan. Each public hearing shall be held on a weekday at least 7
  175  business days after the day the first advertisement is published
  176  on the proposed elector-initiated merger plan. An interested
  177  person residing in the respective district shall be given a
  178  reasonable opportunity to be heard on any aspect of the proposed
  179  merger at the public hearing.
  180         (8) Notice of the final public hearing on the proposed
  181  elector-initiated combined municipal incorporation plan must be
  182  published pursuant to the notice requirements in s. 189.417,
  183  Florida Statutes, and must provide a descriptive summary of the
  184  elector-initiated municipal incorporation plan and a reference
  185  to the public places within the independent special district
  186  where a copy of the plan may be examined.
  187         (9) After the final public hearing, the governing body of
  188  the independent special district may amend the proposed elector
  189  initiated municipal incorporation plan if the amended version
  190  complies with the notice and public hearing requirements
  191  provided in this section. The governing body shall approve a
  192  final version of the plan within 60 business days after the
  193  final hearing.
  194         (10)After the final public hearing, the governing body
  195  must notify the supervisor of elections of the county in which
  196  district lands are located of the adoption of the resolution by
  197  the governing body. The supervisor of elections shall schedule a
  198  date for the referenda for the district.
  199         (11) Notice of a referendum on the municipal incorporation
  200  of the independent special district must be provided pursuant to
  201  the notice requirements in s. 100.342, Florida Statutes. The
  202  notice must include:
  203         (a) A brief summary of the resolution and elector-initiated
  204  municipal incorporation plan;
  205         (b) A statement as to where a copy of the resolution and
  206  petition for municipal incorporation may be examined;
  207         (c) The name of the independent special district to be
  208  converted to a municipality and a description of the territory
  209  included in the plan;
  210         (d) The time and place at which the referendum will be
  211  held; and
  212         (e) Such other matters as may be necessary to call, provide
  213  for, and give notice of the referendum and to provide for the
  214  conduct of the referendum and the canvass of the returns.
  215         (12) The referenda must be held in accordance with the
  216  Florida Election Code and may be held pursuant to ss. 101.6101
  217  101.6107, Florida Statutes. The costs associated with the
  218  referenda must be borne by the independent special district.
  219         (13) The ballot question in the referendum placed before
  220  the qualified electors of the independent special district to be
  221  incorporated must be in substantially the following form:
  222         “Shall (name of independent special district...) be
  223         converted into (...name of newly created
  224         municipality...), which will assume all authority,
  225         powers, rights, and obligations of the district?
  226         _____YES
  227         _____NO”
  228         (14) In any referendum held pursuant to this section, the
  229  ballots must be counted, returns made and canvassed, and results
  230  certified in the same manner as other elections or referenda for
  231  the independent special district.
  232         (15) The incorporation plan will not take effect unless a
  233  majority of the votes cast in the independent special district
  234  are in favor of the plan.
  235         (16) If the incorporation plan is approved by a majority of
  236  the votes cast in the independent special district, the district
  237  shall notify the special district information program pursuant
  238  to s. 189.418(2), Florida Statutes, and the local general
  239  purpose governments in which any part of the independent special
  240  district is situated pursuant to s. 189.418(7), Florida
  241  Statutes.
  242         (17) If the referendum fails, the conversion process under
  243  this paragraph may not be initiated for the same purpose within
  244  2 years after the date of the referendum.
  245         (18) Independent special districts proposed for conversion
  246  under an elector-initiated municipal incorporation plan must
  247  continue to be governed as before the approved referendum until
  248  the effective date specified in the adopted elector-initiated
  249  municipal incorporation plan.
  250         (19) The effective date of the incorporation shall be as
  251  provided in the elector-initiated combined conversion and
  252  incorporation plan, as appropriate, and is not contingent upon a
  253  future act of the Legislature.
  254  
  255  ================= T I T L E  A M E N D M E N T ================
  256         And the title is amended as follows:
  257         Delete line 8
  258  and insert:
  259         257.171, F.S.; conforming a cross-reference; providing
  260         that qualified electors of certain independent
  261         districts may commence a municipal conversion
  262         proceeding by filing a petition with the governing
  263         body of the independent special district; providing an
  264         exception; providing criteria for the petition;
  265         providing that the petition must be filed with the
  266         governing body of the independent special district and
  267         submitted to the supervisor of elections of each
  268         county in which the district lands are located;
  269         requiring that the supervisor of elections certify
  270         within a certain time to the governing body the number
  271         of signatures of qualified electors contained in the
  272         petition; requiring the governing body to meet,
  273         prepare, and approve by resolution, a proposed
  274         elector-initiated combined conversion and
  275         incorporation plan; providing criteria for the plan;
  276         providing criteria for approving the resolution;
  277         requiring the governing body to provide notice and
  278         public access to the elector-initiated combined
  279         municipal incorporation plan; providing criteria for a
  280         public hearing on the proposed elector-initiated
  281         combined municipal incorporation plan; providing
  282         notice of a final public hearing, a descriptive
  283         summary of the elector-initiated combined municipal
  284         incorporation plan, and a reference to the public
  285         place where a copy of the plan can be examined;
  286         authorizing the governing body to amend the municipal
  287         incorporation plan after the final hearing if notice
  288         and public hearing requirements are met; requiring the
  289         governing body to approve the final version of the
  290         plan within a certain time after the final hearing;
  291         requiring the governing body to notify the supervisor
  292         of elections of the county within which the special
  293         district is located of the adoption of the resolution;
  294         providing for notice of the referendum; requiring that
  295         the referenda be held in accordance with the election
  296         code; requiring the independent special district to
  297         bear the costs associated with the referenda;
  298         providing for the form of the ballot question;
  299         providing for the counting of ballots, making and
  300         canvassing of returns, and certifying the results;
  301         requiring a majority of the votes cast in the
  302         independent special district for the incorporation
  303         plan to take effect; requiring that the independent
  304         special district notify the special district
  305         information program and certain local general-purpose
  306         governments that the plan was approved; prohibiting a
  307         conversion process from being initiated for 2 years if
  308         the referendum fails; providing for interim governance
  309         of the district; providing for an effective date of
  310         the incorporation; providing