Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 538
Barcode 902988
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Ethics and Elections (Diaz de la Portilla)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 55 - 137
4 and insert:
5 (b) “Single-county district” or “district” means an
6 independent special district that is geographically located
7 within a single county. The term does not include districts for
8 airport and aviation facilities established pursuant to chapter
9 332; children’s services districts and juvenile welfare boards
10 established pursuant to part V of chapter 125; community
11 development districts established pursuant to chapter 190;
12 emergency medical services districts created by general law or
13 special act; independent special fire control districts
14 established pursuant to chapter 191; hospital districts or
15 health care districts created by general law or special act;
16 port districts established pursuant to chapter 315; districts
17 where a majority of the governing board is composed of municipal
18 or county commissioners; the Reedy Creek Improvement District;
19 and a district designated as an improvement district and created
20 pursuant to chapter 298 or designated as a stewardship district
21 and created pursuant to s. 189.404, which provides at least four
22 of the following services: water, sewer, solid waste, drainage,
23 roads, transportation, public works, fire and rescue, street
24 lighting, parks and recreation, or library or cultural
25 facilities.
26 (2) By September 1, 2013, the department’s Special District
27 Information Program shall notify each county or municipality and
28 each single-county district of the municipality or county with
29 which it is required to commence administrative consolidation
30 under this section. A district that serves a geographic area of
31 which at least 60 percent of the district is within the
32 boundaries of a single municipality shall commence consolidation
33 with the municipality. All other districts shall commence
34 consolidation with the county.
35 (3) Notwithstanding any general law, special act,
36 ordinance, or charter provision, and except as provided in
37 paragraph (a), each district shall commence consolidation of
38 administrative functions with its respective municipality or
39 county on or before October 1, 2013. The administrative
40 consolidation shall be managed and directed by the respective
41 municipality or county and must result in increased efficiencies
42 and cost savings in the provision of special district services.
43 (a) If the municipality or county determines that it is
44 demonstrably unable to increase efficiencies or generate cost
45 savings through administrative consolidation, this subsection
46 does not apply. The county or municipality shall send a letter
47 to the President of the Senate and the Speaker of the House of
48 Representatives demonstrating this determination by March 1,
49 2014.
50 (b) Except for consolidations determined not to result in
51 increased efficiencies or cost savings under paragraph (a), all
52 consolidations must be completed by October 1, 2014.
53 (4) If a single-county district created by special act of
54 the Legislature fails to comply with subsection (3), the
55 applicable county or municipality shall send notice of that
56 failure to the President of the Senate and the Speaker of the
57 House of Representatives. The notice is sufficient, under s. 10,
58 Art. III of the State Constitution, to authorize the Legislature
59 to repeal the district’s enabling special act. If a district
60 created by a county or municipality fails to comply with this
61 section, the applicable county or municipality may dissolve the
62 district.
63 (5) Notwithstanding any general law, special act,
64 ordinance, or charter provision, upon expiration of the term of
65 a district governing board member, the applicable municipality
66 or county shall appoint the member’s replacement.
67 (6) Notwithstanding any general law, special act,
68 ordinance, or charter provision, the district’s provision for
69 life, health, accident, hospitalization, or annuity or
70 retirement benefits for its officers and employees and their
71 dependents, if provided, may not exceed the value of comparable
72 insurance and benefits provided by the district’s county or
73 municipality consolidation partner. The Auditor General shall
74 conduct an operational audit of the accounts and records of a
75 district that guarantees the total costs for lifetime health
76 benefits for an officer or employee or their dependents, and
77 present a written report on the audit to the President of the
78 Senate and the Speaker of the House of Representatives by
79 February 1, 2014.
80 (7) Effective with the fiscal year beginning on October 1,
81 2013, each single-county district shall annually present, at a
82 duly noticed public meeting, the district’s proposed budget,
83 financial audit report, and any tax levy, fee, or special
84 assessment to the appropriate county or municipality for review.
85 Section 2. Subsection (1) of section 189.4035, Florida
86 Statutes, is amended to read:
87 189.4035 Preparation of official list of special
88 districts.—
89 (1) The department of Economic Opportunity shall compile
90 the official list of special districts. The official list must
91 of special districts shall include all special districts in this
92 state, and shall indicate the independent or dependent status of
93 each district, and include the names and contact information of
94 current special district governing board members. All special
95 districts in the list must shall be sorted by county. The
96 definitions in s. 189.403 shall be the criteria for determining
97 determination of the independent or dependent status of each
98 special district on the official list. The status of Community
99 development districts shall be listed as independent districts
100 on the official list of special districts.
101
102
103 ================= T I T L E A M E N D M E N T ================
104 And the title is amended as follows:
105 Delete line 13
106 and insert:
107 its officers and employees; requiring the Auditor
108 General to conduct an operational audit of certain
109 districts relating to lifetime health benefits and
110 provide a written report to the Legislature; requiring
111 the district to