Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1632
       
       
       
       
       
       
                                Ì666098VÎ666098                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Chapter 189, Florida Statutes, as amended by
    6  this act, is divided into the following parts:
    7         (1) Part I, consisting of sections 189.01, 189.011,
    8  189.012, 189.013, 189.014, 189.015, 189.016, 189.017, 189.018,
    9  and 189.019, Florida Statutes, as created by this act, and
   10  entitled “General Provisions.”
   11         (2) Part II, consisting of sections 189.02 and 189.021,
   12  Florida Statutes, as created by this act, and entitled
   13  “Dependent Special Districts.”
   14         (3) Part III, consisting of sections 189.03, 189.031,
   15  189.0311, 189.033, 189.034, and 189.035, Florida Statutes, as
   16  created by this act, and entitled “Independent Special
   17  Districts.”
   18         (4) Part IV, consisting of sections 189.04, 189.041, and
   19  189.042, Florida Statutes, as created by this act, and entitled
   20  “Elections.”
   21         (5) Part V, consisting of sections 189.05, 189.051,
   22  189.052, 189.053, 189.054, and 189.055, Florida Statutes, as
   23  created by this act, and entitled “Finance.”
   24         (6) Part VI, consisting of sections 189.06, 189.061,
   25  189.062, 189.063, 189.064, 189.065, 189.066, 189.067, 189.068,
   26  and 189.069, Florida Statutes, as created by this act, and
   27  entitled “Oversight and Accountability.”
   28         (7) Part VII, consisting of sections 189.07, 189.071,
   29  189.072, 189.073, 189.074, 189.075, 189.076, and 189.0761,
   30  Florida Statutes, as created by this act, and entitled “Merger
   31  and Dissolution.”
   32         (8) Part VIII, consisting of sections 189.08, 189.081, and
   33  189.082, Florida Statutes, as created by this act, and entitled
   34  “Comprehensive Planning.”
   35         Section 2. Paragraph (b) of subsection (2) of section
   36  11.40, Florida Statutes, is amended to read:
   37         11.40 Legislative Auditing Committee.—
   38         (2) Following notification by the Auditor General, the
   39  Department of Financial Services, or the Division of Bond
   40  Finance of the State Board of Administration of the failure of a
   41  local governmental entity, district school board, charter
   42  school, or charter technical career center to comply with the
   43  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
   44  s. 218.38, or s. 218.503(3), the Legislative Auditing Committee
   45  may schedule a hearing to determine if the entity should be
   46  subject to further state action. If the committee determines
   47  that the entity should be subject to further state action, the
   48  committee shall:
   49         (b) In the case of a special district created by:
   50         1. A special act, notify the President of the Senate, the
   51  Speaker of the House of Representatives, the standing committees
   52  of the Senate and the House of Representatives charged with
   53  special district oversight as determined by the presiding
   54  officers of each respective chamber, the legislators who
   55  represent a portion of the geographical jurisdiction of the
   56  special district, pursuant to s. 189.034(2) and the Department
   57  of Economic Opportunity that the special district has failed to
   58  comply with the law. Upon receipt of notification, the
   59  Department of Economic Opportunity shall proceed pursuant to s.
   60  189.062 or s. 189.067. If the special district remains in
   61  noncompliance after the process set forth in s. 189.034(3), the
   62  Legislative Auditing Committee may request the department to
   63  proceed pursuant to s. 189.067(3) 189.4044 or s. 189.421.
   64         2. A local ordinance, notify the chair or equivalent of the
   65  local general-purpose government pursuant to s. 189.035(1) and
   66  the Department of Economic Opportunity that the special district
   67  has failed to comply with the law. Upon receipt of notification,
   68  the department shall proceed pursuant to s. 189.062 or s.
   69  189.067. If the special district remains in noncompliance after
   70  the process set forth in s. 189.035(2), or if a public hearing
   71  has not been held within 6 months, the Legislative Auditing
   72  Committee may request the department to proceed pursuant to s.
   73  189.067(3).
   74         3. Any manner other than a special act or local ordinance,
   75  notify the Department of Economic Opportunity that the special
   76  district has failed to comply with the law. Upon receipt of
   77  notification, the department shall proceed pursuant to s.
   78  189.062 or s. 189.067(3).
   79         Section 3. Subsection (2) of section 112.312, Florida
   80  Statutes, is amended to read:
   81         112.312 Definitions.—As used in this part and for purposes
   82  of the provisions of s. 8, Art. II of the State Constitution,
   83  unless the context otherwise requires:
   84         (2) “Agency” means any state, regional, county, local, or
   85  municipal government entity of this state, whether executive,
   86  judicial, or legislative; any department, division, bureau,
   87  commission, authority, or political subdivision of this state
   88  therein; or any public school, community college, or state
   89  university; or any special district as defined in s. 189.012.
   90         Section 4. Section 112.511, Florida Statutes, is created to
   91  read:
   92         112.511 Members of special district governing bodies;
   93  suspension; removal from office.—
   94         (1) A member of the governing body of a special district,
   95  as defined in s. 189.012, who exercises the powers and duties of
   96  a state or a county officer, is subject to the Governor’s power
   97  under s. 7(a), Art. IV of the State Constitution to suspend such
   98  officers.
   99         (2) A member of the governing body of a special district,
  100  as defined in s. 189.012, who exercises powers and duties other
  101  than that of a state or county officer, is subject to the
  102  suspension and removal procedures under s. 112.51.
  103         Section 5. Subsections (1), (4), and (6) of section
  104  125.901, Florida Statutes, are amended to read:
  105         125.901 Children’s services; independent special district;
  106  council; powers, duties, and functions; public records
  107  exemption.—
  108         (1) Each county may by ordinance create an independent
  109  special district, as defined in ss. 189.012 189.403(3) and
  110  200.001(8)(e), to provide funding for children’s services
  111  throughout the county in accordance with this section. The
  112  boundaries of such district shall be coterminous with the
  113  boundaries of the county. The county governing body shall obtain
  114  approval, by a majority vote of those electors voting on the
  115  question, to annually levy ad valorem taxes which shall not
  116  exceed the maximum millage rate authorized by this section. Any
  117  district created pursuant to the provisions of this subsection
  118  shall be required to levy and fix millage subject to the
  119  provisions of s. 200.065. Once such millage is approved by the
  120  electorate, the district shall not be required to seek approval
  121  of the electorate in future years to levy the previously
  122  approved millage.
  123         (a) The governing body board of the district shall be a
  124  council on children’s services, which may also be known as a
  125  juvenile welfare board or similar name as established in the
  126  ordinance by the county governing body. Such council shall
  127  consist of 10 members, including: the superintendent of schools;
  128  a local school board member; the district administrator from the
  129  appropriate district of the Department of Children and Family
  130  Services, or his or her designee who is a member of the Senior
  131  Management Service or of the Selected Exempt Service; one member
  132  of the county governing body; and the judge assigned to juvenile
  133  cases who shall sit as a voting member of the board, except that
  134  said judge shall not vote or participate in the setting of ad
  135  valorem taxes under this section. If there is more than one
  136  judge assigned to juvenile cases in a county, the chief judge
  137  shall designate one of said juvenile judges to serve on the
  138  board. The remaining five members shall be appointed by the
  139  Governor, and shall, to the extent possible, represent the
  140  demographic diversity of the population of the county. After
  141  soliciting recommendations from the public, the county governing
  142  body shall submit to the Governor the names of at least three
  143  persons for each vacancy occurring among the five members
  144  appointed by the Governor, and the Governor shall appoint
  145  members to the council from the candidates nominated by the
  146  county governing body. The Governor shall make a selection
  147  within a 45-day period or request a new list of candidates. All
  148  members appointed by the Governor shall have been residents of
  149  the county for the previous 24-month period. Such members shall
  150  be appointed for 4-year terms, except that the length of the
  151  terms of the initial appointees shall be adjusted to stagger the
  152  terms. The Governor may remove a member for cause or upon the
  153  written petition of the county governing body. If any of the
  154  members of the council required to be appointed by the Governor
  155  under the provisions of this subsection shall resign, die, or be
  156  removed from office, the vacancy thereby created shall, as soon
  157  as practicable, be filled by appointment by the Governor, using
  158  the same method as the original appointment, and such
  159  appointment to fill a vacancy shall be for the unexpired term of
  160  the person who resigns, dies, or is removed from office.
  161         (b) However, any county as defined in s. 125.011(1) may
  162  instead have a governing body board consisting of 33 members,
  163  including: the superintendent of schools; two representatives of
  164  public postsecondary education institutions located in the
  165  county; the county manager or the equivalent county officer; the
  166  district administrator from the appropriate district of the
  167  Department of Children and Family Services, or the
  168  administrator’s designee who is a member of the Senior
  169  Management Service or the Selected Exempt Service; the director
  170  of the county health department or the director’s designee; the
  171  state attorney for the county or the state attorney’s designee;
  172  the chief judge assigned to juvenile cases, or another juvenile
  173  judge who is the chief judge’s designee and who shall sit as a
  174  voting member of the board, except that the judge may not vote
  175  or participate in setting ad valorem taxes under this section;
  176  an individual who is selected by the board of the local United
  177  Way or its equivalent; a member of a locally recognized faith
  178  based coalition, selected by that coalition; a member of the
  179  local chamber of commerce, selected by that chamber or, if more
  180  than one chamber exists within the county, a person selected by
  181  a coalition of the local chambers; a member of the early
  182  learning coalition, selected by that coalition; a representative
  183  of a labor organization or union active in the county; a member
  184  of a local alliance or coalition engaged in cross-system
  185  planning for health and social service delivery in the county,
  186  selected by that alliance or coalition; a member of the local
  187  Parent-Teachers Association/Parent-Teacher-Student Association,
  188  selected by that association; a youth representative selected by
  189  the local school system’s student government; a local school
  190  board member appointed by the chair of the school board; the
  191  mayor of the county or the mayor’s designee; one member of the
  192  county governing body, appointed by the chair of that body; a
  193  member of the state Legislature who represents residents of the
  194  county, selected by the chair of the local legislative
  195  delegation; an elected official representing the residents of a
  196  municipality in the county, selected by the county municipal
  197  league; and 4 members-at-large, appointed to the council by the
  198  majority of sitting council members. The remaining 7 members
  199  shall be appointed by the Governor in accordance with procedures
  200  set forth in paragraph (a), except that the Governor may remove
  201  a member for cause or upon the written petition of the council.
  202  Appointments by the Governor must, to the extent reasonably
  203  possible, represent the geographic and demographic diversity of
  204  the population of the county. Members who are appointed to the
  205  council by reason of their position are not subject to the
  206  length of terms and limits on consecutive terms as provided in
  207  this section. The remaining appointed members of the governing
  208  body board shall be appointed to serve 2-year terms, except that
  209  those members appointed by the Governor shall be appointed to
  210  serve 4-year terms, and the youth representative and the
  211  legislative delegate shall be appointed to serve 1-year terms. A
  212  member may be reappointed; however, a member may not serve for
  213  more than three consecutive terms. A member is eligible to be
  214  appointed again after a 2-year hiatus from the council.
  215         (c) This subsection does not prohibit a county from
  216  exercising such power as is provided by general or special law
  217  to provide children’s services or to create a special district
  218  to provide such services.
  219         (4)(a) Any district created pursuant to this section may be
  220  dissolved by a special act of the Legislature, or the county
  221  governing body may by ordinance dissolve the district subject to
  222  the approval of the electorate.
  223         (b)1.a. Notwithstanding paragraph (a), the governing body
  224  of the county shall submit the question of retention or
  225  dissolution of a district with voter-approved taxing authority
  226  to the electorate in the general election according to the
  227  following schedule:
  228         (I) For a district in existence on July 1, 2010, and
  229  serving a county with a population of 400,000 or fewer persons
  230  as of that date............................................2014.
  231         (II) For a district in existence on July 1, 2010, and
  232  serving a county with a population of more than 400,000 but
  233  fewer than 2 million persons as of
  234  that date..................................................2016.
  235         (III) For a district in existence on July 1, 2010, and
  236  serving a county with a population of 2 million or more persons
  237  as of that date............................................2020.
  238         b. A referendum by the electorate on or after July 1, 2010,
  239  creating a new district with taxing authority may specify that
  240  the district is not subject to reauthorization or may specify
  241  the number of years for which the initial authorization shall
  242  remain effective. If the referendum does not prescribe terms of
  243  reauthorization, the governing body of the county shall submit
  244  the question of retention or dissolution of the district to the
  245  electorate in the general election 12 years after the initial
  246  authorization.
  247         2. The governing body board of the district may specify,
  248  and submit to the governing body of the county no later than 9
  249  months before the scheduled election, that the district is not
  250  subsequently subject to reauthorization or may specify the
  251  number of years for which a reauthorization under this paragraph
  252  shall remain effective. If the governing body board of the
  253  district makes such specification and submission, the governing
  254  body of the county shall include that information in the
  255  question submitted to the electorate. If the governing body
  256  board of the district does not specify and submit such
  257  information, the governing body of the county shall resubmit the
  258  question of reauthorization to the electorate every 12 years
  259  after the year prescribed in subparagraph 1. The governing body
  260  board of the district may recommend to the governing body of the
  261  county language for the question submitted to the electorate.
  262         3. This paragraph does not limit Nothing in this paragraph
  263  limits the authority to dissolve a district as provided under
  264  paragraph (a).
  265         4. This paragraph does not preclude Nothing in this
  266  paragraph precludes the governing body board of a district from
  267  requesting that the governing body of the county submit the
  268  question of retention or dissolution of a district with voter
  269  approved taxing authority to the electorate at a date earlier
  270  than the year prescribed in subparagraph 1. If the governing
  271  body of the county accepts the request and submits the question
  272  to the electorate, the governing body satisfies the requirement
  273  of that subparagraph.
  274  
  275  If any district is dissolved pursuant to this subsection, each
  276  county must first obligate itself to assume the debts,
  277  liabilities, contracts, and outstanding obligations of the
  278  district within the total millage available to the county
  279  governing body for all county and municipal purposes as provided
  280  for under s. 9, Art. VII of the State Constitution. Any district
  281  may also be dissolved pursuant to part VII of chapter 189 s.
  282  189.4042.
  283         (6) Any district created pursuant to the provisions of this
  284  section shall comply with all other statutory requirements of
  285  general application which relate to the filing of any financial
  286  reports or compliance reports required under part III of chapter
  287  218, or any other report or documentation required by law,
  288  including the requirements of ss. 189.08, 189.015, and 189.016
  289  189.415, 189.417, and 189.418.
  290         Section 6. Section 189.401, Florida Statutes, is
  291  transferred, renumbered as section 189.01, Florida Statutes, and
  292  amended to read:
  293         189.01 189.401 Short title.—This chapter may be cited as
  294  the “Uniform Special District Accountability Act of 1989.”
  295         Section 7. Subsections (1), (6), and (7) of section
  296  189.402, Florida Statutes, are transferred and renumbered as
  297  subsections (1), (2), and (3), respectively, of section 189.011,
  298  Florida Statutes, and present subsection (6) of that section is
  299  amended, to read:
  300         189.011 189.402 Statement of legislative purpose and
  301  intent.—
  302         (2)(6) The Legislature finds that special districts serve a
  303  necessary and useful function by providing services to residents
  304  and property in the state. The Legislature finds further that
  305  special districts operate to serve a public purpose and that
  306  this is best secured by certain minimum standards of
  307  accountability designed to inform the public and appropriate
  308  general-purpose local governments of the status and activities
  309  of special districts. It is the intent of the Legislature that
  310  this public trust be secured by requiring each independent
  311  special district in the state to register and report its
  312  financial and other activities. The Legislature further finds
  313  that failure of an independent special district to comply with
  314  the minimum disclosure requirements set forth in this chapter
  315  may result in action against officers of such district body
  316  board.
  317         Section 8. Subsection (2) of section 189.402, Florida
  318  Statutes, is transferred, renumbered as section 189.06, Florida
  319  Statutes, and amended to read:
  320         189.06 189.402Legislative intent; centralized location
  321  Statement of legislative purpose and intent.—
  322         (2) It is the intent of the Legislature through the
  323  adoption of this chapter to have one centralized location for
  324  all legislation governing special districts and to:
  325         (1)(a) Improve the enforcement of statutes currently in
  326  place that help ensure the accountability of special districts
  327  to state and local governments.
  328         (2)(b) Improve communication and coordination between state
  329  agencies with respect to required special district reporting and
  330  state monitoring.
  331         (3)(c) Improve communication and coordination between
  332  special districts and other local entities with respect to ad
  333  valorem taxation, non-ad valorem assessment collection, special
  334  district elections, and local government comprehensive planning.
  335         (4)(d) Move toward greater uniformity in special district
  336  elections and non-ad valorem assessment collection procedures at
  337  the local level without hampering the efficiency and
  338  effectiveness of the current procedures.
  339         (5)(e) Clarify special district definitions and creation
  340  methods in order to ensure consistent application of those
  341  definitions and creation methods across all levels of
  342  government.
  343         (6)(f) Specify in general law the essential components of
  344  any new type of special district.
  345         (7)(g) Specify in general law the essential components of a
  346  charter for a new special district.
  347         (8)(h) Encourage the creation of municipal service taxing
  348  units and municipal service benefit units for providing
  349  municipal services in unincorporated areas of each county.
  350         Section 9. Subsections (3), (4), (5), and (8) of section
  351  189.402, Florida Statutes, are transferred, renumbered as
  352  subsections (1), (2), (3), and (4), respectively, of section
  353  189.03, Florida Statutes, and amended to read:
  354         189.03 189.402 Statement of legislative purpose and intent;
  355  independent special districts.—
  356         (1)(3) The Legislature finds that:
  357         (a) There is a need for uniform, focused, and fair
  358  procedures in state law to provide a reasonable alternative for
  359  the establishment, powers, operation, and duration of
  360  independent special districts to manage and finance basic
  361  capital infrastructure, facilities, and services; and that,
  362  based upon a proper and fair determination of applicable facts,
  363  an independent special district can constitute a timely,
  364  efficient, effective, responsive, and economic way to deliver
  365  these basic services, thereby providing a means of solving the
  366  state’s planning, management, and financing needs for delivery
  367  of capital infrastructure, facilities, and services in order to
  368  provide for projected growth without overburdening other
  369  governments and their taxpayers.
  370         (b) It is in the public interest that any independent
  371  special district created pursuant to state law not outlive its
  372  usefulness and that the operation of such a district and the
  373  exercise by the district of its powers be consistent with
  374  applicable due process, disclosure, accountability, ethics, and
  375  government-in-the-sunshine requirements which apply both to
  376  governmental entities and to their elected and appointed
  377  officials.
  378         (c) It is in the public interest that long-range planning,
  379  management, and financing and long-term maintenance, upkeep, and
  380  operation of basic services by independent special districts be
  381  uniform.
  382         (2)(4) It is the policy of this state:
  383         (a) That independent special districts may be used are a
  384  legitimate alternative method available for use by the private
  385  and public sectors, as authorized by state law, to manage, own,
  386  operate, construct, and finance basic capital infrastructure,
  387  facilities, and services.
  388         (b) That the exercise by any independent special district
  389  of its powers, as set forth by uniform general law comply with
  390  all applicable governmental comprehensive planning laws, rules,
  391  and regulations.
  392         (3)(5) It is the legislative intent and purpose, based
  393  upon, and consistent with, its findings of fact and declarations
  394  of policy, to authorize a uniform procedure by general law to
  395  create an independent special district, as an alternative method
  396  to manage and finance basic capital infrastructure, facilities,
  397  and services. It is further the legislative intent and purpose
  398  to provide by general law for the uniform operation, exercise of
  399  power, and procedure for termination of any such independent
  400  special district.
  401         (4)(8) The Legislature finds and declares that:
  402         (a) Growth and development issues transcend the boundaries
  403  and responsibilities of individual units of government, and
  404  often no single unit of government can plan or implement
  405  policies to deal with these issues without affecting other units
  406  of government.
  407         (b) The provision of capital infrastructure, facilities,
  408  and services for the preservation and enhancement of the quality
  409  of life of the people of this state may require the creation of
  410  multicounty and multijurisdictional districts.
  411         Section 10. Section 189.403, Florida Statutes, is
  412  transferred, renumbered as section 189.012, Florida Statutes,
  413  reordered, and amended, to read:
  414         189.012 189.403 Definitions.—As used in this chapter, the
  415  term:
  416         (6)(1) “Special district” means a local unit of local
  417  government created for a of special purpose, as opposed to a
  418  general purpose general-purpose, which has jurisdiction to
  419  operate government within a limited geographic boundary and is,
  420  created by general law, special act, local ordinance, or by rule
  421  of the Governor and Cabinet. The special purpose or purposes of
  422  special districts are implemented by specialized functions and
  423  related prescribed powers. For the purpose of s. 196.199(1),
  424  special districts shall be treated as municipalities. The term
  425  does not include a school district, a community college
  426  district, a special improvement district created pursuant to s.
  427  285.17, a municipal service taxing or benefit unit as specified
  428  in s. 125.01, or a board which provides electrical service and
  429  which is a political subdivision of a municipality or is part of
  430  a municipality.
  431         (2) “Dependent special district” means a special district
  432  that meets at least one of the following criteria:
  433         (a) The membership of its governing body is identical to
  434  that of the governing body of a single county or a single
  435  municipality.
  436         (b) All members of its governing body are appointed by the
  437  governing body of a single county or a single municipality.
  438         (c) During their unexpired terms, members of the special
  439  district’s governing body are subject to removal at will by the
  440  governing body of a single county or a single municipality.
  441         (d) The district has a budget that requires approval
  442  through an affirmative vote or can be vetoed by the governing
  443  body of a single county or a single municipality.
  444  
  445  This subsection is for purposes of definition only. Nothing in
  446  this subsection confers additional authority upon local
  447  governments not otherwise authorized by the provisions of the
  448  special acts or general acts of local application creating each
  449  special district, as amended.
  450         (3) “Independent special district” means a special district
  451  that is not a dependent special district as defined in
  452  subsection (2). A district that includes more than one county is
  453  an independent special district unless the district lies wholly
  454  within the boundaries of a single municipality.
  455         (1)(4) “Department” means the Department of Economic
  456  Opportunity.
  457         (4)(5) “Local governing authority” means the governing body
  458  of a unit of local general-purpose government. However, if the
  459  special district is a political subdivision of a municipality,
  460  “local governing authority” means the municipality.
  461         (7)(6) “Water management district” for purposes of this
  462  chapter means a special taxing district which is a regional
  463  water management district created and operated pursuant to
  464  chapter 373 or chapter 61-691, Laws of Florida, or a flood
  465  control district created and operated pursuant to chapter 25270,
  466  Laws of Florida, 1949, as modified by s. 373.149.
  467         (5)(7) “Public facilities” means major capital
  468  improvements, including, but not limited to, transportation
  469  facilities, sanitary sewer facilities, solid waste facilities,
  470  water management and control facilities, potable water
  471  facilities, alternative water systems, educational facilities,
  472  parks and recreational facilities, health systems and
  473  facilities, and, except for spoil disposal by those ports listed
  474  in s. 311.09(1), spoil disposal sites for maintenance dredging
  475  in waters of the state.
  476         Section 11. Subsection (1) of section 189.4031, Florida
  477  Statutes, is transferred and renumbered as section 189.013,
  478  Florida Statutes, and the catchline of that section shall read:
  479  “Special districts; creation, dissolution, and reporting
  480  requirements.”
  481         Section 12. Subsection (2) of section 189.4031, Florida
  482  Statutes, is transferred, renumbered as section 189.0311,
  483  Florida Statutes, and amended to read:
  484         189.0311 189.4031Independent special districts Special
  485  districts; creation, dissolution, and reporting requirements;
  486  charter requirements.—
  487         (2) Notwithstanding any general law, special act, or
  488  ordinance of a local government to the contrary, any independent
  489  special district charter enacted after September 30, 1989, the
  490  effective date of this section shall contain the information
  491  required by s. 189.031(3) 189.404(3). Recognizing that the
  492  exclusive charter for a community development district is the
  493  statutory charter contained in ss. 190.006-190.041, community
  494  development districts established after July 1, 1980, pursuant
  495  to the provisions of chapter 190 shall be deemed in compliance
  496  with this requirement.
  497         Section 13. Section 189.4035, Florida Statutes, is
  498  transferred and renumbered as section 189.061, Florida Statutes,
  499  and subsections (1), (5), and (6) of that section are amended,
  500  to read:
  501         189.061 189.4035Preparation of Official list of special
  502  districts.—
  503         (1) The department of Economic Opportunity shall maintain
  504  compile the official list of special districts. The official
  505  list of special districts shall include all special districts in
  506  this state and shall indicate the independent or dependent
  507  status of each district. All special districts on in the list
  508  shall be sorted by county. The definitions in s. 189.012 189.403
  509  shall be the criteria for determination of the independent or
  510  dependent status of each special district on the official list.
  511  The status of community development districts shall be
  512  independent on the official list of special districts.
  513         (5) The official list of special districts shall be
  514  available on the department’s website and must include a link to
  515  the website of each special district that provides web-based
  516  access to the public of the information and documentation
  517  required under s. 189.069.
  518         (6) Preparation of The official list of special districts
  519  or the determination of status does not constitute final agency
  520  action pursuant to chapter 120. If the status of a special
  521  district on the official list is inconsistent with the status
  522  submitted by the district, the district may request the
  523  department to issue a declaratory statement setting forth the
  524  requirements necessary to resolve the inconsistency. If
  525  necessary, upon issuance of a declaratory statement by the
  526  department which is not appealed pursuant to chapter 120, the
  527  governing body board of any special district receiving such a
  528  declaratory statement shall apply to the entity which originally
  529  established the district for an amendment to its charter
  530  correcting the specified defects in its original charter. This
  531  amendment shall be for the sole purpose of resolving
  532  inconsistencies between a district charter and the status of a
  533  district as it appears on the official list. Such application
  534  shall occur as follows:
  535         (a) In the event a special district was created by a local
  536  general-purpose government or state agency and applies for an
  537  amendment to its charter to confirm its independence, said
  538  application shall be granted as a matter of right. If
  539  application by an independent district is not made within 6
  540  months of rendition of a declaratory statement, the district
  541  shall be deemed dependent and become a political subdivision of
  542  the governing body which originally established it by operation
  543  of law.
  544         (b) If the Legislature created a special district, the
  545  district shall request, by resolution, an amendment to its
  546  charter by the Legislature. Failure to apply to the Legislature
  547  for an amendment to its charter during the next regular
  548  legislative session following rendition of a declaratory
  549  statement or failure of the Legislature to pass a special act
  550  shall render the district dependent.
  551         Section 14. Section 189.404, Florida Statutes, is
  552  transferred and renumbered as section 189.031, Florida Statutes,
  553  and subsection (2) and paragraphs (e), (f), and (g) of
  554  subsection (3) of that section are amended, to read:
  555         189.031 189.404 Legislative intent for the creation of
  556  independent special districts; special act prohibitions; model
  557  elements and other requirements; general-purpose local
  558  government/Governor and Cabinet creation authorizations.—
  559         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  560  III of the State Constitution, the Legislature hereby prohibits
  561  special laws or general laws of local application which:
  562         (a) Create independent special districts that do not, at a
  563  minimum, conform to the minimum requirements in subsection (3);
  564         (b) Exempt independent special district elections from the
  565  appropriate requirements in s. 189.04 189.405;
  566         (c) Exempt an independent special district from the
  567  requirements for bond referenda in s. 189.042 189.408;
  568         (d) Exempt an independent special district from the
  569  reporting, notice, or public meetings requirements of s.
  570  189.051, s. 189.08, s. 189.015, or s. 189.016 189.4085, s.
  571  189.415, s. 189.417, or s. 189.418;
  572         (e) Create an independent special district for which a
  573  statement has not been submitted to the Legislature that
  574  documents the following:
  575         1. The purpose of the proposed district;
  576         2. The authority of the proposed district;
  577         3. An explanation of why the district is the best
  578  alternative; and
  579         4. A resolution or official statement of the governing body
  580  or an appropriate administrator of the local jurisdiction within
  581  which the proposed district is located stating that the creation
  582  of the proposed district is consistent with the approved local
  583  government plans of the local governing body and that the local
  584  government has no objection to the creation of the proposed
  585  district.
  586         (3) MINIMUM REQUIREMENTS.—General laws or special acts that
  587  create or authorize the creation of independent special
  588  districts and are enacted after September 30, 1989, must address
  589  and require the following in their charters:
  590         (e) The membership and organization of the governing body
  591  board of the district. If a district created after September 30,
  592  1989, uses a one-acre/one-vote election principle, it shall
  593  provide for a governing body board consisting of five members.
  594  Three members shall constitute a quorum.
  595         (f) The maximum compensation of a governing body board
  596  member.
  597         (g) The administrative duties of the governing body board
  598  of the district.
  599         Section 15. Section 189.40401, Florida Statutes, is
  600  transferred and renumbered as section 189.033, Florida Statutes.
  601         Section 16. Section 189.4041, Florida Statutes, is
  602  transferred and renumbered as section 189.02, Florida Statutes,
  603  and paragraph (e) of subsection (4) of that section is amended,
  604  to read:
  605         189.02 189.4041 Dependent special districts.—
  606         (4) Dependent special districts created by a county or
  607  municipality shall be created by adoption of an ordinance that
  608  includes:
  609         (e) The membership, organization, compensation, and
  610  administrative duties of the governing body board.
  611         Section 17. Subsection (1) of section 189.4042, Florida
  612  Statutes, is transferred, renumbered as section 189.07, Florida
  613  Statutes, and amended to read:
  614         189.07 189.4042Definitions Merger and dissolution
  615  procedures.—
  616         (1) DEFINITIONS.—As used in this part section, the term:
  617         (1)(a) “Component independent special district” means an
  618  independent special district that proposes to be merged into a
  619  merged independent district, or an independent special district
  620  as it existed before its merger into the merged independent
  621  district of which it is now a part.
  622         (2)(b) “Elector-initiated merger plan” means the merger
  623  plan of two or more independent special districts, a majority of
  624  whose qualified electors have elected to merge, which outlines
  625  the terms and agreements for the official merger of the
  626  districts and is finalized and approved by the governing bodies
  627  of the districts pursuant to this part section.
  628         (3)(c) “Governing body” means the governing body of the
  629  independent special district in which the general legislative,
  630  governmental, or public powers of the district are vested and by
  631  authority of which the official business of the district is
  632  conducted.
  633         (4)(d) “Initiative” means the filing of a petition
  634  containing a proposal for a referendum to be placed on the
  635  ballot for election.
  636         (5)(e) “Joint merger plan” means the merger plan that is
  637  adopted by resolution of the governing bodies of two or more
  638  independent special districts that outlines the terms and
  639  agreements for the official merger of the districts and that is
  640  finalized and approved by the governing bodies pursuant to this
  641  part section.
  642         (6)(f) “Merged independent district” means a single
  643  independent special district that results from a successful
  644  merger of two or more independent special districts pursuant to
  645  this part section.
  646         (7)(g) “Merger” means the combination of two or more
  647  contiguous independent special districts resulting in a newly
  648  created merged independent district that assumes jurisdiction
  649  over all of the component independent special districts.
  650         (8)(h) “Merger plan” means a written document that contains
  651  the terms, agreements, and information regarding the merger of
  652  two or more independent special districts.
  653         (9)(i) “Proposed elector-initiated merger plan” means a
  654  written document that contains the terms and information
  655  regarding the merger of two or more independent special
  656  districts and that accompanies the petition initiated by the
  657  qualified electors of the districts but that is not yet
  658  finalized and approved by the governing bodies of each component
  659  independent special district pursuant to this part section.
  660         (10)(j) “Proposed joint merger plan” means a written
  661  document that contains the terms and information regarding the
  662  merger of two or more independent special districts and that has
  663  been prepared pursuant to a resolution of the governing bodies
  664  of the districts but that is not yet finalized and approved by
  665  the governing bodies of each component independent special
  666  district pursuant to this part section.
  667         (11)(k) “Qualified elector” means an individual at least 18
  668  years of age who is a citizen of the United States, a permanent
  669  resident of this state, and a resident of the district who
  670  registers with the supervisor of elections of a county within
  671  which the district lands are located when the registration books
  672  are open.
  673         Section 18. Subsection (2) of section 189.4042, Florida
  674  Statutes, is transferred, renumbered as section 189.071, Florida
  675  Statutes, and amended to read:
  676         189.071 189.4042 Merger or and dissolution of a dependent
  677  special district procedures.—
  678         (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
  679         (1)(a) The merger or dissolution of a dependent special
  680  district may be effectuated by an ordinance of the general
  681  purpose local governmental entity wherein the geographical area
  682  of the district or districts is located. However, a county may
  683  not dissolve a special district that is dependent to a
  684  municipality or vice versa, or a dependent district created by
  685  special act.
  686         (2)(b) The merger or dissolution of a dependent special
  687  district created and operating pursuant to a special act may be
  688  effectuated only by further act of the Legislature unless
  689  otherwise provided by general law.
  690         (3)(c) A dependent special district that meets any criteria
  691  for being declared inactive, or that has already been declared
  692  inactive, pursuant to s. 189.062 189.4044 may be dissolved or
  693  merged by special act without a referendum.
  694         (4)(d) A copy of any ordinance and of any changes to a
  695  charter affecting the status or boundaries of one or more
  696  special districts shall be filed with the Special District
  697  Accountability Information Program within 30 days after such
  698  activity.
  699         Section 19. Subsection (3) of section 189.4042, Florida
  700  Statutes, is transferred, renumbered as section 189.072, Florida
  701  Statutes, and amended to read:
  702         189.072 189.4042Dissolution of an independent special
  703  district Merger and dissolution procedures.—
  704         (3) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.
  705         (1)(a) VOLUNTARY DISSOLUTION.—If the governing body board
  706  of an independent special district created and operating
  707  pursuant to a special act elects, by a majority vote plus one,
  708  to dissolve the district, the voluntary dissolution of an
  709  independent special district created and operating pursuant to a
  710  special act may be effectuated only by the Legislature unless
  711  otherwise provided by general law.
  712         (2)(b) OTHER DISSOLUTIONS.—
  713         (a)1. In order for the Legislature to dissolve an active
  714  independent special district created and operating pursuant to a
  715  special act, the special act dissolving the active independent
  716  special district must be approved by a majority of the resident
  717  electors of the district or, for districts in which a majority
  718  of governing body board members are elected by landowners, a
  719  majority of the landowners voting in the same manner by which
  720  the independent special district’s governing body is elected. If
  721  a local general-purpose government passes an ordinance or
  722  resolution in support of the dissolution, the local general
  723  purpose government must pay any expenses associated with the
  724  referendum required under this paragraph subparagraph.
  725         (b)2. If an independent special district was created by a
  726  county or municipality by referendum or any other procedure, the
  727  county or municipality that created the district may dissolve
  728  the district pursuant to a referendum or any other procedure by
  729  which the independent special district was created. However, if
  730  the independent special district has ad valorem taxation powers,
  731  the same procedure required to grant the independent special
  732  district ad valorem taxation powers is required to dissolve the
  733  district.
  734         (3)(c) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
  735  independent special district that meets any criteria for being
  736  declared inactive, or that has already been declared inactive,
  737  pursuant to s. 189.062 189.4044 may be dissolved by special act
  738  without a referendum. If an inactive independent special
  739  district was created by a county or municipality through a
  740  referendum, the county or municipality that created the district
  741  may dissolve the district after publishing notice as described
  742  in s. 189.062 189.4044.
  743         (4)(d) DEBTS AND ASSETS.—Financial allocations of the
  744  assets and indebtedness of a dissolved independent special
  745  district shall be pursuant to s. 189.076 189.4045.
  746         Section 20. Subsection (4) of section 189.4042, Florida
  747  Statutes, is transferred, renumbered as section 189.073, Florida
  748  Statutes, and amended to read:
  749         189.073 189.4042Legislative merger of independent special
  750  districts Merger and dissolution procedures.—
  751         (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
  752  The Legislature, by special act, may merge independent special
  753  districts created and operating pursuant to special act.
  754         Section 21. Subsection (5) of section 189.4042, Florida
  755  Statutes, is transferred, renumbered as section 189.074, Florida
  756  Statutes, and amended to read:
  757         189.074 189.4042Voluntary merger of independent special
  758  districts Merger and dissolution procedures.—
  759         (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
  760  or more contiguous independent special districts created by
  761  special act which have similar functions and elected governing
  762  bodies may elect to merge into a single independent district
  763  through the act of merging the component independent special
  764  districts.
  765         (1)(a) INITIATION.—Merger proceedings may commence by:
  766         (a)1. A joint resolution of the governing bodies of each
  767  independent special district which endorses a proposed joint
  768  merger plan; or
  769         (b)2. A qualified elector initiative.
  770         (2)(b) JOINT MERGER PLAN BY RESOLUTION.—The governing
  771  bodies of two or more contiguous independent special districts
  772  may, by joint resolution, endorse a proposed joint merger plan
  773  to commence proceedings to merge the districts pursuant to this
  774  section subsection.
  775         (a)1. The proposed joint merger plan must specify:
  776         1.a. The name of each component independent special
  777  district to be merged;
  778         2.b. The name of the proposed merged independent district;
  779         3.c. The rights, duties, and obligations of the proposed
  780  merged independent district;
  781         4.d. The territorial boundaries of the proposed merged
  782  independent district;
  783         5.e. The governmental organization of the proposed merged
  784  independent district insofar as it concerns elected and
  785  appointed officials and public employees, along with a
  786  transitional plan and schedule for elections and appointments of
  787  officials;
  788         6.f. A fiscal estimate of the potential cost or savings as
  789  a result of the merger;
  790         7.g. Each component independent special district’s assets,
  791  including, but not limited to, real and personal property, and
  792  the current value thereof;
  793         8.h. Each component independent special district’s
  794  liabilities and indebtedness, bonded and otherwise, and the
  795  current value thereof;
  796         9.i. Terms for the assumption and disposition of existing
  797  assets, liabilities, and indebtedness of each component
  798  independent special district jointly, separately, or in defined
  799  proportions;
  800         10.j. Terms for the common administration and uniform
  801  enforcement of existing laws within the proposed merged
  802  independent district;
  803         11.k. The times and places for public hearings on the
  804  proposed joint merger plan;
  805         12.l. The times and places for a referendum in each
  806  component independent special district on the proposed joint
  807  merger plan, along with the referendum language to be presented
  808  for approval; and
  809         13.m. The effective date of the proposed merger.
  810         (b)2. The resolution endorsing the proposed joint merger
  811  plan must be approved by a majority vote of the governing bodies
  812  of each component independent special district and adopted at
  813  least 60 business days before any general or special election on
  814  the proposed joint merger plan.
  815         (c)3. Within 5 business days after the governing bodies
  816  approve the resolution endorsing the proposed joint merger plan,
  817  the governing bodies must:
  818         1.a. Cause a copy of the proposed joint merger plan, along
  819  with a descriptive summary of the plan, to be displayed and be
  820  readily accessible to the public for inspection in at least
  821  three public places within the territorial limits of each
  822  component independent special district, unless a component
  823  independent special district has fewer than three public places,
  824  in which case the plan must be accessible for inspection in all
  825  public places within the component independent special district;
  826         2.b. If applicable, cause the proposed joint merger plan,
  827  along with a descriptive summary of the plan and a reference to
  828  the public places within each component independent special
  829  district where a copy of the merger plan may be examined, to be
  830  displayed on a website maintained by each district or on a
  831  website maintained by the county or municipality in which the
  832  districts are located; and
  833         3.c. Arrange for a descriptive summary of the proposed
  834  joint merger plan, and a reference to the public places within
  835  the district where a copy may be examined, to be published in a
  836  newspaper of general circulation within the component
  837  independent special districts at least once each week for 4
  838  successive weeks.
  839         (d)4. The governing body of each component independent
  840  special district shall set a time and place for one or more
  841  public hearings on the proposed joint merger plan. Each public
  842  hearing shall be held on a weekday at least 7 business days
  843  after the day the first advertisement is published on the
  844  proposed joint merger plan. The hearing or hearings may be held
  845  jointly or separately by the governing bodies of the component
  846  independent special districts. Any interested person residing in
  847  the respective district shall be given a reasonable opportunity
  848  to be heard on any aspect of the proposed merger at the public
  849  hearing.
  850         1.a. Notice of the public hearing addressing the resolution
  851  for the proposed joint merger plan must be published pursuant to
  852  the notice requirements in s. 189.015 189.417 and must provide a
  853  descriptive summary of the proposed joint merger plan and a
  854  reference to the public places within the component independent
  855  special districts where a copy of the plan may be examined.
  856         2.b. After the final public hearing, the governing bodies
  857  of each component independent special district may amend the
  858  proposed joint merger plan if the amended version complies with
  859  the notice and public hearing requirements provided in this
  860  section subsection. Thereafter, the governing bodies may approve
  861  a final version of the joint merger plan or decline to proceed
  862  further with the merger. Approval by the governing bodies of the
  863  final version of the joint merger plan must occur within 60
  864  business days after the final hearing.
  865         (e)5. After the final public hearing, the governing bodies
  866  shall notify the supervisors of elections of the applicable
  867  counties in which district lands are located of the adoption of
  868  the resolution by each governing body. The supervisors of
  869  elections shall schedule a separate referendum for each
  870  component independent special district. The referenda may be
  871  held in each district on the same day, or on different days, but
  872  no more than 20 days apart.
  873         1.a. Notice of a referendum on the merger of independent
  874  special districts must be provided pursuant to the notice
  875  requirements in s. 100.342. At a minimum, the notice must
  876  include:
  877         a.(I) A brief summary of the resolution and joint merger
  878  plan;
  879         b.(II) A statement as to where a copy of the resolution and
  880  joint merger plan may be examined;
  881         c.(III) The names of the component independent special
  882  districts to be merged and a description of their territory;
  883         d.(IV) The times and places at which the referendum will be
  884  held; and
  885         e.(V) Such other matters as may be necessary to call,
  886  provide for, and give notice of the referendum and to provide
  887  for the conduct thereof and the canvass of the returns.
  888         2.b. The referenda must be held in accordance with the
  889  Florida Election Code and may be held pursuant to ss. 101.6101
  890  101.6107. All costs associated with the referenda shall be borne
  891  by the respective component independent special district.
  892         3.c. The ballot question in such referendum placed before
  893  the qualified electors of each component independent special
  894  district to be merged must be in substantially the following
  895  form:
  896         “Shall ...(name of component independent special
  897  district)... and ...(name of component independent special
  898  district or districts)... be merged into ...(name of newly
  899  merged independent district)...?
  900  
  901         ....YES
  902         ....NO”
  903  
  904         4.d. If the component independent special districts
  905  proposing to merge have disparate millage rates, the ballot
  906  question in the referendum placed before the qualified electors
  907  of each component independent special district must be in
  908  substantially the following form:
  909  
  910         “Shall ...(name of component independent special
  911  district)... and ...(name of component independent special
  912  district or districts)... be merged into ...(name of newly
  913  merged independent district)... if the voter-approved maximum
  914  millage rate within each independent special district will not
  915  increase absent a subsequent referendum?
  916  
  917         ....YES
  918         ....NO”
  919  
  920         5.e. In any referendum held pursuant to this section
  921  subsection, the ballots shall be counted, returns made and
  922  canvassed, and results certified in the same manner as other
  923  elections or referenda for the component independent special
  924  districts.
  925         6.f. The merger may not take effect unless a majority of
  926  the votes cast in each component independent special district
  927  are in favor of the merger. If one of the component districts
  928  does not obtain a majority vote, the referendum fails, and
  929  merger does not take effect.
  930         7.g. If the merger is approved by a majority of the votes
  931  cast in each component independent special district, the merged
  932  independent district is created. Upon approval, the merged
  933  independent district shall notify the Special District
  934  Accountability Information Program pursuant to s. 189.016(2)
  935  189.418(2) and the local general-purpose governments in which
  936  any part of the component independent special districts is
  937  situated pursuant to s. 189.016(7) 189.418(7).
  938         8.h. If the referendum fails, the merger process under this
  939  subsection paragraph may not be initiated for the same purpose
  940  within 2 years after the date of the referendum.
  941         (f)6. Component independent special districts merged
  942  pursuant to a joint merger plan by resolution shall continue to
  943  be governed as before the merger until the effective date
  944  specified in the adopted joint merger plan.
  945         (3)(c) QUALIFIED ELECTOR-INITIATED MERGER PLAN.—The
  946  qualified electors of two or more contiguous independent special
  947  districts may commence a merger proceeding by each filing a
  948  petition with the governing body of their respective independent
  949  special district proposing to be merged. The petition must
  950  contain the signatures of at least 40 percent of the qualified
  951  electors of each component independent special district and must
  952  be submitted to the appropriate component independent special
  953  district governing body no later than 1 year after the start of
  954  the qualified elector-initiated merger process.
  955         (a)1. The petition must comply with, and be circulated in,
  956  the following form:
  957  
  958                            PETITION FOR                           
  959                 INDEPENDENT SPECIAL DISTRICT MERGER               
  960  
  961         We, the undersigned electors and legal voters of ...(name
  962  of independent special district)..., qualified to vote at the
  963  next general or special election, respectfully petition that
  964  there be submitted to the electors and legal voters of ...(name
  965  of independent special district or districts proposed to be
  966  merged)..., for their approval or rejection at a referendum held
  967  for that purpose, a proposal to merge ...(name of component
  968  independent special district)... and ...(name of component
  969  independent special district or districts)....
  970  
  971         In witness thereof, we have signed our names on the date
  972  indicated next to our signatures.
  973  
  974                    Date      Name   Home Address                  
  975                       (print under signature)                     
  976  
  977         .........................................................
  978  
  979         .........................................................
  980  
  981         (b)2. The petition must be validated by a signed statement
  982  by a witness who is a duly qualified elector of one of the
  983  component independent special districts, a notary public, or
  984  another person authorized to take acknowledgments.
  985         1.a. A statement that is signed by a witness who is a duly
  986  qualified elector of the respective district shall be accepted
  987  for all purposes as the equivalent of an affidavit. Such
  988  statement must be in substantially the following form:
  989         “I, ...(name of witness)..., state that I am a duly
  990  qualified voter of ...(name of independent special district)....
  991  Each of the ...(insert number)... persons who have signed this
  992  petition sheet has signed his or her name in my presence on the
  993  dates indicated above and identified himself or herself to be
  994  the same person who signed the sheet. I understand that this
  995  statement will be accepted for all purposes as the equivalent of
  996  an affidavit and, if it contains a materially false statement,
  997  shall subject me to the penalties of perjury.”
  998         Date                                 Signature of Witness
  999         2.b. A statement that is signed by a notary public or
 1000  another person authorized to take acknowledgments must be in
 1001  substantially the following form:
 1002         “On the date indicated above before me personally came each
 1003  of the ...(insert number)... electors and legal voters whose
 1004  signatures appear on this petition sheet, who signed the
 1005  petition in my presence and who, being by me duly sworn, each
 1006  for himself or herself, identified himself or herself as the
 1007  same person who signed the petition, and I declare that the
 1008  foregoing information they provided was true.”
 1009         Date                                 Signature of Witness
 1010         3.c. An alteration or correction of information appearing
 1011  on a petition’s signature line, other than an uninitialed
 1012  signature and date, does not invalidate such signature. In
 1013  matters of form, this subsection paragraph shall be liberally
 1014  construed, not inconsistent with substantial compliance thereto
 1015  and the prevention of fraud.
 1016         4.d. The appropriately signed petition must be filed with
 1017  the governing body of each component independent special
 1018  district. The petition must be submitted to the supervisors of
 1019  elections of the counties in which the district lands are
 1020  located. The supervisors shall, within 30 business days after
 1021  receipt of the petitions, certify to the governing bodies the
 1022  number of signatures of qualified electors contained on the
 1023  petitions.
 1024         (c)3. Upon verification by the supervisors of elections of
 1025  the counties within which component independent special district
 1026  lands are located that 40 percent of the qualified electors have
 1027  petitioned for merger and that all such petitions have been
 1028  executed within 1 year after the date of the initiation of the
 1029  qualified-elector merger process, the governing bodies of each
 1030  component independent special district shall meet within 30
 1031  business days to prepare and approve by resolution a proposed
 1032  elector-initiated merger plan. The proposed plan must include:
 1033         1.a. The name of each component independent special
 1034  district to be merged;
 1035         2.b. The name of the proposed merged independent district;
 1036         3.c. The rights, duties, and obligations of the merged
 1037  independent district;
 1038         4.d. The territorial boundaries of the proposed merged
 1039  independent district;
 1040         5.e. The governmental organization of the proposed merged
 1041  independent district insofar as it concerns elected and
 1042  appointed officials and public employees, along with a
 1043  transitional plan and schedule for elections and appointments of
 1044  officials;
 1045         6.f. A fiscal estimate of the potential cost or savings as
 1046  a result of the merger;
 1047         7.g. Each component independent special district’s assets,
 1048  including, but not limited to, real and personal property, and
 1049  the current value thereof;
 1050         8.h. Each component independent special district’s
 1051  liabilities and indebtedness, bonded and otherwise, and the
 1052  current value thereof;
 1053         9.i. Terms for the assumption and disposition of existing
 1054  assets, liabilities, and indebtedness of each component
 1055  independent special district, jointly, separately, or in defined
 1056  proportions;
 1057         10.j. Terms for the common administration and uniform
 1058  enforcement of existing laws within the proposed merged
 1059  independent district;
 1060         11.k. The times and places for public hearings on the
 1061  proposed joint merger plan; and
 1062         12.l. The effective date of the proposed merger.
 1063         (d)4. The resolution endorsing the proposed elector
 1064  initiated merger plan must be approved by a majority vote of the
 1065  governing bodies of each component independent special district
 1066  and must be adopted at least 60 business days before any general
 1067  or special election on the proposed elector-initiated plan.
 1068         (e)5. Within 5 business days after the governing bodies of
 1069  each component independent special district approve the proposed
 1070  elector-initiated merger plan, the governing bodies shall:
 1071         1.a. Cause a copy of the proposed elector-initiated merger
 1072  plan, along with a descriptive summary of the plan, to be
 1073  displayed and be readily accessible to the public for inspection
 1074  in at least three public places within the territorial limits of
 1075  each component independent special district, unless a component
 1076  independent special district has fewer than three public places,
 1077  in which case the plan must be accessible for inspection in all
 1078  public places within the component independent special district;
 1079         2.b. If applicable, cause the proposed elector-initiated
 1080  merger plan, along with a descriptive summary of the plan and a
 1081  reference to the public places within each component independent
 1082  special district where a copy of the merger plan may be
 1083  examined, to be displayed on a website maintained by each
 1084  district or otherwise on a website maintained by the county or
 1085  municipality in which the districts are located; and
 1086         3.c. Arrange for a descriptive summary of the proposed
 1087  elector-initiated merger plan, and a reference to the public
 1088  places within the district where a copy may be examined, to be
 1089  published in a newspaper of general circulation within the
 1090  component independent special districts at least once each week
 1091  for 4 successive weeks.
 1092         (f)6. The governing body of each component independent
 1093  special district shall set a time and place for one or more
 1094  public hearings on the proposed elector-initiated merger plan.
 1095  Each public hearing shall be held on a weekday at least 7
 1096  business days after the day the first advertisement is published
 1097  on the proposed elector-initiated merger plan. The hearing or
 1098  hearings may be held jointly or separately by the governing
 1099  bodies of the component independent special districts. Any
 1100  interested person residing in the respective district shall be
 1101  given a reasonable opportunity to be heard on any aspect of the
 1102  proposed merger at the public hearing.
 1103         1.a. Notice of the public hearing on the proposed elector
 1104  initiated merger plan must be published pursuant to the notice
 1105  requirements in s. 189.015 189.417 and must provide a
 1106  descriptive summary of the elector-initiated merger plan and a
 1107  reference to the public places within the component independent
 1108  special districts where a copy of the plan may be examined.
 1109         2.b. After the final public hearing, the governing bodies
 1110  of each component independent special district may amend the
 1111  proposed elector-initiated merger plan if the amended version
 1112  complies with the notice and public hearing requirements
 1113  provided in this section subsection. The governing bodies must
 1114  approve a final version of the merger plan within 60 business
 1115  days after the final hearing.
 1116         (g)7. After the final public hearing, the governing bodies
 1117  shall notify the supervisors of elections of the applicable
 1118  counties in which district lands are located of the adoption of
 1119  the resolution by each governing body. The supervisors of
 1120  elections shall schedule a date for the separate referenda for
 1121  each district. The referenda may be held in each district on the
 1122  same day, or on different days, but no more than 20 days apart.
 1123         1.a. Notice of a referendum on the merger of the component
 1124  independent special districts must be provided pursuant to the
 1125  notice requirements in s. 100.342. At a minimum, the notice must
 1126  include:
 1127         a.(I) A brief summary of the resolution and elector
 1128  initiated merger plan;
 1129         b.(II) A statement as to where a copy of the resolution and
 1130  petition for merger may be examined;
 1131         c.(III) The names of the component independent special
 1132  districts to be merged and a description of their territory;
 1133         d.(IV) The times and places at which the referendum will be
 1134  held; and
 1135         e.(V) Such other matters as may be necessary to call,
 1136  provide for, and give notice of the referendum and to provide
 1137  for the conduct thereof and the canvass of the returns.
 1138         2.b. The referenda must be held in accordance with the
 1139  Florida Election Code and may be held pursuant to ss. 101.6101
 1140  101.6107. All costs associated with the referenda shall be borne
 1141  by the respective component independent special district.
 1142         3.c. The ballot question in such referendum placed before
 1143  the qualified electors of each component independent special
 1144  district to be merged must be in substantially the following
 1145  form:
 1146         “Shall ...(name of component independent special
 1147  district)... and ...(name of component independent special
 1148  district or districts)... be merged into ...(name of newly
 1149  merged independent district)...?
 1150         ....YES
 1151         ....NO”
 1152         4.d. If the component independent special districts
 1153  proposing to merge have disparate millage rates, the ballot
 1154  question in the referendum placed before the qualified electors
 1155  of each component independent special district must be in
 1156  substantially the following form:
 1157         “Shall ...(name of component independent special
 1158  district)... and ...(name of component independent special
 1159  district or districts)... be merged into ...(name of newly
 1160  merged independent district)... if the voter-approved maximum
 1161  millage rate within each independent special district will not
 1162  increase absent a subsequent referendum?
 1163         ....YES
 1164         ....NO”
 1165         5.e. In any referendum held pursuant to this section
 1166  subsection, the ballots shall be counted, returns made and
 1167  canvassed, and results certified in the same manner as other
 1168  elections or referenda for the component independent special
 1169  districts.
 1170         6.f. The merger may not take effect unless a majority of
 1171  the votes cast in each component independent special district
 1172  are in favor of the merger. If one of the component independent
 1173  special districts does not obtain a majority vote, the
 1174  referendum fails, and merger does not take effect.
 1175         7.g. If the merger is approved by a majority of the votes
 1176  cast in each component independent special district, the merged
 1177  district shall notify the Special District Accountability
 1178  Information Program pursuant to s. 189.016(2) 189.418(2) and the
 1179  local general-purpose governments in which any part of the
 1180  component independent special districts is situated pursuant to
 1181  s. 189.016(7) 189.418(7).
 1182         8.h. If the referendum fails, the merger process under this
 1183  subsection paragraph may not be initiated for the same purpose
 1184  within 2 years after the date of the referendum.
 1185         (h)8. Component independent special districts merged
 1186  pursuant to an elector-initiated merger plan shall continue to
 1187  be governed as before the merger until the effective date
 1188  specified in the adopted elector-initiated merger plan.
 1189         (4)(d) EFFECTIVE DATE.—The effective date of the merger
 1190  shall be as provided in the joint merger plan or elector
 1191  initiated merger plan, as appropriate, and is not contingent
 1192  upon the future act of the Legislature.
 1193         (a)1. However, as soon as practicable, the merged
 1194  independent district shall, at its own expense, submit a unified
 1195  charter for the merged district to the Legislature for approval.
 1196  The unified charter must make the powers of the district
 1197  consistent within the merged independent district and repeal the
 1198  special acts of the districts which existed before the merger.
 1199         (b)2. Within 30 business days after the effective date of
 1200  the merger, the merged independent district’s governing body, as
 1201  indicated in this section subsection, shall hold an
 1202  organizational meeting to implement the provisions of the joint
 1203  merger plan or elector-initiated merger plan, as appropriate.
 1204         (5)(e) RESTRICTIONS DURING TRANSITION PERIOD.—Until the
 1205  Legislature formally approves the unified charter pursuant to a
 1206  special act, each component independent special district is
 1207  considered a subunit of the merged independent district subject
 1208  to the following restrictions:
 1209         (a)1. During the transition period, the merged independent
 1210  district is limited in its powers and financing capabilities
 1211  within each subunit to those powers that existed within the
 1212  boundaries of each subunit which were previously granted to the
 1213  component independent special district in its existing charter
 1214  before the merger. The merged independent district may not,
 1215  solely by reason of the merger, increase its powers or financing
 1216  capability.
 1217         (b)2. During the transition period, the merged independent
 1218  district shall exercise only the legislative authority to levy
 1219  and collect revenues within the boundaries of each subunit which
 1220  was previously granted to the component independent special
 1221  district by its existing charter before the merger, including
 1222  the authority to levy ad valorem taxes, non-ad valorem
 1223  assessments, impact fees, and charges.
 1224         1.a. The merged independent district may not, solely by
 1225  reason of the merger or the legislatively approved unified
 1226  charter, increase ad valorem taxes on property within the
 1227  original limits of a subunit beyond the maximum millage rate
 1228  approved by the electors of the component independent special
 1229  district unless the electors of such subunit approve an increase
 1230  at a subsequent referendum of the subunit’s electors. Each
 1231  subunit may be considered a separate taxing unit.
 1232         2.b. The merged independent district may not, solely by
 1233  reason of the merger, charge non-ad valorem assessments, impact
 1234  fees, or other new fees within a subunit which were not
 1235  otherwise previously authorized to be charged.
 1236         (c)3. During the transition period, each component
 1237  independent special district of the merged independent district
 1238  must continue to file all information and reports required under
 1239  this chapter as subunits until the Legislature formally approves
 1240  the unified charter pursuant to a special act.
 1241         (d)4. The intent of this part section is to preserve and
 1242  transfer to the merged independent district all authority that
 1243  exists within each subunit and was previously granted by the
 1244  Legislature and, if applicable, by referendum.
 1245         (6)(f) EFFECT OF MERGER, GENERALLY.—On and after the
 1246  effective date of the merger, the merged independent district
 1247  shall be treated and considered for all purposes as one entity
 1248  under the name and on the terms and conditions set forth in the
 1249  joint merger plan or elector-initiated merger plan, as
 1250  appropriate.
 1251         (a)1. All rights, privileges, and franchises of each
 1252  component independent special district and all assets, real and
 1253  personal property, books, records, papers, seals, and equipment,
 1254  as well as other things in action, belonging to each component
 1255  independent special district before the merger shall be deemed
 1256  as transferred to and vested in the merged independent district
 1257  without further act or deed.
 1258         (b)2. All property, rights-of-way, and other interests are
 1259  as effectually the property of the merged independent district
 1260  as they were of the component independent special district
 1261  before the merger. The title to real estate, by deed or
 1262  otherwise, under the laws of this state vested in any component
 1263  independent special district before the merger may not be deemed
 1264  to revert or be in any way impaired by reason of the merger.
 1265         (c)3. The merged independent district is in all respects
 1266  subject to all obligations and liabilities imposed and possesses
 1267  all the rights, powers, and privileges vested by law in other
 1268  similar entities.
 1269         (d)4. Upon the effective date of the merger, the joint
 1270  merger plan or elector-initiated merger plan, as appropriate, is
 1271  subordinate in all respects to the contract rights of all
 1272  holders of any securities or obligations of the component
 1273  independent special districts outstanding at the effective date
 1274  of the merger.
 1275         (e)5. The new registration of electors is not necessary as
 1276  a result of the merger, but all elector registrations of the
 1277  component independent special districts shall be transferred to
 1278  the proper registration books of the merged independent
 1279  district, and new registrations shall be made as provided by law
 1280  as if no merger had taken place.
 1281         (7)(g) GOVERNING BODY OF MERGED INDEPENDENT DISTRICT.—
 1282         (a)1. From the effective date of the merger until the next
 1283  general election, the governing body of the merged independent
 1284  district shall be comprised of the governing body members of
 1285  each component independent special district, with such members
 1286  serving until the governing body members elected at the next
 1287  general election take office.
 1288         (b)2. Beginning with the next general election following
 1289  the effective date of merger, the governing body of the merged
 1290  independent district shall be comprised of five members. The
 1291  office of each governing body member shall be designated by
 1292  seat, which shall be distinguished from other body member seats
 1293  by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
 1294  members that are elected in this initial election following the
 1295  merger shall serve unequal terms of 2 and 4 years in order to
 1296  create staggered membership of the governing body, with:
 1297         1.a. Member seats 1, 3, and 5 being designated for 4-year
 1298  terms; and
 1299         2.b. Member seats 2 and 4 being designated for 2-year
 1300  terms.
 1301         (c)3. In general elections thereafter, all governing body
 1302  members shall serve 4-year terms.
 1303         (8)(h) EFFECT ON EMPLOYEES.—Except as otherwise provided by
 1304  law and except for those officials and employees protected by
 1305  tenure of office, civil service provisions, or a collective
 1306  bargaining agreement, upon the effective date of merger, all
 1307  appointive offices and positions existing in all component
 1308  independent special districts involved in the merger are subject
 1309  to the terms of the joint merger plan or elector-initiated
 1310  merger plan, as appropriate. Such plan may provide for instances
 1311  in which there are duplications of positions and for other
 1312  matters such as varying lengths of employee contracts, varying
 1313  pay levels or benefits, different civil service regulations in
 1314  the constituent entities, and differing ranks and position
 1315  classifications for similar positions. For those employees who
 1316  are members of a bargaining unit certified by the Public
 1317  Employees Relations Commission, the requirements of chapter 447
 1318  apply.
 1319         (9)(i) EFFECT ON DEBTS, LIABILITIES, AND OBLIGATIONS.—
 1320         (a)1. All valid and lawful debts and liabilities existing
 1321  against a merged independent district, or which may arise or
 1322  accrue against the merged independent district, which but for
 1323  merger would be valid and lawful debts or liabilities against
 1324  one or more of the component independent special districts, are
 1325  debts against or liabilities of the merged independent district
 1326  and accordingly shall be defrayed and answered to by the merged
 1327  independent district to the same extent, and no further than,
 1328  the component independent special districts would have been
 1329  bound if a merger had not taken place.
 1330         (b)2. The rights of creditors and all liens upon the
 1331  property of any of the component independent special districts
 1332  shall be preserved unimpaired. The respective component
 1333  districts shall be deemed to continue in existence to preserve
 1334  such rights and liens, and all debts, liabilities, and duties of
 1335  any of the component districts attach to the merged independent
 1336  district.
 1337         (c)3. All bonds, contracts, and obligations of the
 1338  component independent special districts which exist as legal
 1339  obligations are obligations of the merged independent district,
 1340  and all such obligations shall be issued or entered into by and
 1341  in the name of the merged independent district.
 1342         (10)(j) EFFECT ON ACTIONS AND PROCEEDINGS.—In any action or
 1343  proceeding pending on the effective date of merger to which a
 1344  component independent special district is a party, the merged
 1345  independent district may be substituted in its place, and the
 1346  action or proceeding may be prosecuted to judgment as if merger
 1347  had not taken place. Suits may be brought and maintained against
 1348  a merged independent district in any state court in the same
 1349  manner as against any other independent special district.
 1350         (11)(k) EFFECT ON ANNEXATION.—Chapter 171 continues to
 1351  apply to all annexations by a city within the component
 1352  independent special districts’ boundaries after merger occurs.
 1353  Any moneys owed to a component independent special district
 1354  pursuant to s. 171.093, or any interlocal service boundary
 1355  agreement as a result of annexation predating the merger, shall
 1356  be paid to the merged independent district after merger.
 1357         (12)(l) EFFECT ON MILLAGE CALCULATIONS.—The merged
 1358  independent special district is authorized to continue or
 1359  conclude procedures under chapter 200 on behalf of the component
 1360  independent special districts. The merged independent special
 1361  district shall make the calculations required by chapter 200 for
 1362  each component individual special district separately.
 1363         (13)(m) DETERMINATION OF RIGHTS.—If any right, title,
 1364  interest, or claim arises out of a merger or by reason thereof
 1365  which is not determinable by reference to this subsection, the
 1366  joint merger plan or elector-initiated merger plan, as
 1367  appropriate, or otherwise under the laws of this state, the
 1368  governing body of the merged independent district may provide
 1369  therefor in a manner conforming to law.
 1370         (14)(n) EXEMPTION.—This section subsection does not apply
 1371  to independent special districts whose governing bodies are
 1372  elected by district landowners voting the acreage owned within
 1373  the district.
 1374         (15)(o) PREEMPTION.—This section subsection preempts any
 1375  special act to the contrary.
 1376         Section 22. Subsection (6) of section 189.4042, Florida
 1377  Statutes, is transferred, renumbered as section 189.075, Florida
 1378  Statutes, and amended to read:
 1379         189.075 189.4042Involuntary merger of independent special
 1380  districts Merger and dissolution procedures.—
 1381         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
 1382         (1)(a) INDEPENDENT SPECIAL DISTRICTS CREATED BY SPECIAL
 1383  ACT.—In order for the Legislature to merge an active independent
 1384  special district or districts created and operating pursuant to
 1385  a special act, the special act merging the active independent
 1386  special district or districts must be approved at separate
 1387  referenda of the impacted local governments by a majority of the
 1388  resident electors or, for districts in which a majority of
 1389  governing body board members are elected by landowners, a
 1390  majority of the landowners voting in the same manner by which
 1391  each independent special district’s governing body is elected.
 1392  The special act merging the districts must include a plan of
 1393  merger that addresses transition issues such as the effective
 1394  date of the merger, governance, administration, powers,
 1395  pensions, and assumption of all assets and liabilities. If a
 1396  local general-purpose government passes an ordinance or
 1397  resolution in support of the merger of an active independent
 1398  special district, the local general-purpose government must pay
 1399  any expenses associated with the referendum required under this
 1400  subsection paragraph.
 1401         (2)(b) INDEPENDENT SPECIAL DISTRICTS CREATED BY A COUNTY OR
 1402  MUNICIPALITY.—A county or municipality may merge an independent
 1403  special district created by the county or municipality pursuant
 1404  to a referendum or any other procedure by which the independent
 1405  special district was created. However, if the independent
 1406  special district has ad valorem taxation powers, the same
 1407  procedure required to grant the independent special district ad
 1408  valorem taxation powers is required to merge the district. The
 1409  political subdivisions proposing the involuntary merger of an
 1410  active independent special district must pay any expenses
 1411  associated with the referendum required under this subsection
 1412  paragraph.
 1413         (3)(C) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
 1414  independent special district that meets any criteria for being
 1415  declared inactive, or that has already been declared inactive,
 1416  pursuant to s. 189.062 189.4044 may be merged by special act
 1417  without a referendum.
 1418         Section 23. Subsection (7) of section 189.4042, Florida
 1419  Statutes, is transferred, renumbered as section 189.0761,
 1420  Florida Statutes, and amended to read:
 1421         189.0761 189.4042Merger and dissolution procedures.—
 1422         (7) Exemptions.—This part section does not apply to
 1423  community development districts implemented pursuant to chapter
 1424  190 or to water management districts created and operated
 1425  pursuant to chapter 373.
 1426         Section 24. Section 189.4044, Florida Statutes, is
 1427  transferred and renumbered as section 189.062, Florida Statutes,
 1428  subsections (1) and (3) of that section are amended, and
 1429  subsections (5) and (6) are added to that section, to read:
 1430         189.062 189.4044 Special procedures for inactive
 1431  districts.—
 1432         (1) The department shall declare inactive any special
 1433  district in this state by documenting that:
 1434         (a) The special district meets one of the following
 1435  criteria:
 1436         1. The registered agent of the district, the chair of the
 1437  governing body of the district, or the governing body of the
 1438  appropriate local general-purpose government notifies the
 1439  department in writing that the district has taken no action for
 1440  2 or more years.;
 1441         2. Following an inquiry from the department, The registered
 1442  agent of the district, the chair of the governing body of the
 1443  district, or the governing body of the appropriate local
 1444  general-purpose government notifies the department in writing
 1445  that the district has not had a governing body board or a
 1446  sufficient number of governing body board members to constitute
 1447  a quorum for 2 or more years.
 1448         3.or The registered agent of the district, the chair of
 1449  the governing body of the district, or the governing body of the
 1450  appropriate local general-purpose government fails to respond to
 1451  an the department’s inquiry from the department within 21 days.;
 1452         4.3. The department determines, pursuant to s. 189.067
 1453  189.421, that the district has failed to file any of the reports
 1454  listed in s. 189.066. 189.419;
 1455         5.4. The district has not had a registered office and agent
 1456  on file with the department for 1 or more years.; or
 1457         6.5. The governing body of a special district provides
 1458  documentation to the department that it has unanimously adopted
 1459  a resolution declaring the special district inactive. The
 1460  special district shall be responsible for payment of any
 1461  expenses associated with its dissolution. A special district
 1462  declared inactive pursuant to this subparagraph may be dissolved
 1463  without a referendum.
 1464         (b) The department, special district, or local general
 1465  purpose government published a notice of proposed declaration of
 1466  inactive status in a newspaper of general circulation in the
 1467  county or municipality in which the territory of the special
 1468  district is located and sent a copy of such notice by certified
 1469  mail to the registered agent or chair of the governing body
 1470  board, if any. Such notice must include the name of the special
 1471  district, the law under which it was organized and operating, a
 1472  general description of the territory included in the special
 1473  district, and a statement that any objections must be filed
 1474  pursuant to chapter 120 within 21 days after the publication
 1475  date; and
 1476         (c) Twenty-one days have elapsed from the publication date
 1477  of the notice of proposed declaration of inactive status and no
 1478  administrative appeals were filed.
 1479         (3) In the case of a district created by special act of the
 1480  Legislature, the department shall send a notice of declaration
 1481  of inactive status to the Speaker of the House of
 1482  Representatives, and the President of the Senate, the standing
 1483  committees of the Senate and the House of Representatives
 1484  charged with special district oversight as determined by the
 1485  presiding officers of each respective chamber, and the
 1486  Legislative Auditing Committee. The notice of declaration of
 1487  inactive status shall reference each known special act creating
 1488  or amending the charter of any special district declared to be
 1489  inactive under this section. The declaration of inactive status
 1490  shall be sufficient notice as required by s. 10, Art. III of the
 1491  State Constitution to authorize the Legislature to repeal any
 1492  special laws so reported. In the case of a district created by
 1493  one or more local general-purpose governments, the department
 1494  shall send a notice of declaration of inactive status to the
 1495  chair of the governing body of each local general-purpose
 1496  government that created the district. In the case of a district
 1497  created by interlocal agreement, the department shall send a
 1498  notice of declaration of inactive status to the chair of the
 1499  governing body of each local general-purpose government which
 1500  entered into the interlocal agreement.
 1501         (5) A special district declared inactive under this section
 1502  may not collect taxes, fees, or assessments unless the
 1503  declaration is:
 1504         (a) Withdrawn or revoked by the department; or
 1505         (b) Invalidated in proceedings initiated by the special
 1506  district within 30 days after the date written notice of the
 1507  declaration was provided to the special district governing body
 1508  by physical or electronic delivery, receipt confirmed. The
 1509  special district governing body may initiate invalidation
 1510  proceedings within the period authorized in this paragraph by:
 1511         1. Filing with the department a petition for an
 1512  administrative hearing pursuant to s. 120.569; or
 1513         2. Filing an action for declaratory and injunctive relief
 1514  under chapter 86 in the circuit court of the judicial circuit in
 1515  which the majority of the geographic area of the district is
 1516  located.
 1517         (6) If the governing body of a special district that is
 1518  declared inactive pursuant to this section does not initiate a
 1519  timely challenge to such declaration or if the department
 1520  prevails in a proceeding initiated under subsection (5), the
 1521  department may enforce the prohibitions in subsection (5) by
 1522  filing a petition for enforcement with the circuit court in and
 1523  for Leon County. The petition may request declaratory,
 1524  injunctive, or other equitable relief, including the appointment
 1525  of a receiver, and any forfeiture or other remedy provided by
 1526  law. The prevailing party shall be awarded costs of litigation
 1527  and reasonable attorney fees in any proceeding brought under
 1528  this subsection and subsection (5).
 1529         Section 25. Section 189.4045, Florida Statutes, is
 1530  transferred and renumbered as section 189.076, Florida Statutes.
 1531         Section 26. Section 189.4047, Florida Statutes, is
 1532  transferred and renumbered as section 189.021, Florida Statutes.
 1533         Section 27. Subsections (1), (2), (3), (4), (6), and (7) of
 1534  section 189.405, Florida Statutes, are transferred and
 1535  renumbered as subsections (1) through (6) of section 189.04,
 1536  Florida Statutes, respectively, and present subsection (1),
 1537  paragraph (c) of present subsection (2), and present subsections
 1538  (3), (4), and (7) of that section are amended, to read:
 1539         189.04 189.405 Elections; general requirements and
 1540  procedures; education programs.—
 1541         (1) If a dependent special district has an elected
 1542  governing body board, elections shall be conducted by the
 1543  supervisor of elections of the county wherein the district is
 1544  located in accordance with the Florida Election Code, chapters
 1545  97-106.
 1546         (2)
 1547         (c) A candidate for a position on a governing body board of
 1548  a single-county special district that has its elections
 1549  conducted by the supervisor of elections shall qualify for the
 1550  office with the county supervisor of elections in whose
 1551  jurisdiction the district is located. Elections for governing
 1552  body board members elected by registered electors shall be
 1553  nonpartisan, except when partisan elections are specified by a
 1554  district’s charter. Candidates shall qualify as directed by
 1555  chapter 99. The qualifying fee shall be remitted to the general
 1556  revenue fund of the qualifying officer to help defray the cost
 1557  of the election.
 1558         (3)(a) If a multicounty special district has a popularly
 1559  elected governing body board, elections for the purpose of
 1560  electing members to such governing body board shall conform to
 1561  the Florida Election Code, chapters 97-106.
 1562         (b) With the exception of those districts conducting
 1563  elections on a one-acre/one-vote basis, qualifying for
 1564  multicounty special district governing body board positions
 1565  shall be coordinated by the Department of State. Elections for
 1566  governing body board members elected by registered electors
 1567  shall be nonpartisan, except when partisan elections are
 1568  specified by a district’s charter. Candidates shall qualify as
 1569  directed by chapter 99. The qualifying fee shall be remitted to
 1570  the Department of State.
 1571         (4) With the exception of elections of special district
 1572  governing body board members conducted on a one-acre/one-vote
 1573  basis, in any election conducted in a special district the
 1574  decision made by a majority of those voting shall prevail,
 1575  except as otherwise specified by law.
 1576         (6)(7) Nothing in this act requires that a special district
 1577  governed by an appointed governing body board convert to an
 1578  elected governing body board.
 1579         Section 28. Subsection (5) of section 189.405, Florida
 1580  Statutes, is transferred, renumbered as section 189.063, Florida
 1581  Statutes, and amended to read:
 1582         189.063 189.405Education programs for new members of
 1583  district governing bodies Elections; general requirements and
 1584  procedures; education programs.—
 1585         (1)(5)(a) The department may provide, contract for, or
 1586  assist in conducting education programs, as its budget permits,
 1587  for all newly elected or appointed members of district governing
 1588  bodies boards. The education programs shall include, but are not
 1589  limited to, courses on the code of ethics for public officers
 1590  and employees, public meetings and public records requirements,
 1591  public finance, and parliamentary procedure. Course content may
 1592  be offered by means of the following: videotapes, live seminars,
 1593  workshops, conferences, teleconferences, computer-based
 1594  training, multimedia presentations, or other available
 1595  instructional methods.
 1596         (2)(b) An individual district governing body board, at its
 1597  discretion, may bear the costs associated with educating its
 1598  members. Governing body Board members of districts which have
 1599  qualified for a zero annual fee for the most recent invoicing
 1600  period pursuant to s. 189.018 are 189.427 shall not be required
 1601  to pay a fee for any education program the department provides,
 1602  contracts for, or assists in conducting.
 1603         Section 29. Section 189.4051, Florida Statutes, is
 1604  transferred, renumbered as section 189.041, Florida Statutes,
 1605  and amended to read:
 1606         189.041 189.4051 Elections; special requirements and
 1607  procedures for districts with governing bodies boards elected on
 1608  a one-acre/one-vote basis.—
 1609         (1) DEFINITIONS.—As used in this section:
 1610         (a) “Qualified elector” means any person at least 18 years
 1611  of age who is a citizen of the United States, a permanent
 1612  resident of Florida, and a freeholder or freeholder’s spouse and
 1613  resident of the district who registers with the supervisor of
 1614  elections of a county within which the district lands are
 1615  located when the registration books are open.
 1616         (b) “Urban area” means a contiguous developed and inhabited
 1617  urban area within a district with a minimum average resident
 1618  population density of at least 1.5 persons per acre as defined
 1619  by the latest official census, special census, or population
 1620  estimate or a minimum density of one single-family home per 2.5
 1621  acres with access to improved roads or a minimum density of one
 1622  single-family home per 5 acres within a recorded plat
 1623  subdivision. Urban areas shall be designated by the governing
 1624  body board of the district with the assistance of all local
 1625  general-purpose governments having jurisdiction over the area
 1626  within the district.
 1627         (c) “Governing body board member” means any duly elected
 1628  member of the governing body board of a special district elected
 1629  pursuant to this section, provided that a any board member
 1630  elected by popular vote shall be a qualified district elector
 1631  and a any board member elected on a one-acre/one-vote basis
 1632  shall meet the requirements of s. 298.11 for election to the
 1633  governing body board.
 1634         (d) “Contiguous developed urban area” means any reasonably
 1635  compact urban area located entirely within a special district.
 1636  The separation of urban areas by a publicly owned park, right
 1637  of-way, highway, road, railroad, canal, utility, body of water,
 1638  watercourse, or other minor geographical division of a similar
 1639  nature shall not prevent such areas from being defined as urban
 1640  areas.
 1641         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
 1642  AREAS.—
 1643         (a) Referendum.—
 1644         1. A referendum shall be called by the governing body board
 1645  of a special district where the governing body board is elected
 1646  on a one-acre/one-vote basis on the question of whether certain
 1647  members of a district governing body board should be elected by
 1648  qualified electors, provided each of the following conditions
 1649  has been satisfied at least 60 days before prior to the general
 1650  or special election at which the referendum is to be held:
 1651         a. The district shall have a total population, according to
 1652  the latest official state census, a special census, or a
 1653  population estimate, of at least 500 qualified electors.
 1654         b. A petition signed by 10 percent of the qualified
 1655  electors of the district shall have been filed with the
 1656  governing body board of the district. The petition shall be
 1657  submitted to the supervisor of elections of the county or
 1658  counties in which the lands are located. The supervisor shall,
 1659  within 30 days after the receipt of the petitions, certify to
 1660  the governing body board the number of signatures of qualified
 1661  electors contained on the petition.
 1662         2. Upon verification by the supervisor or supervisors of
 1663  elections of the county or counties within which district lands
 1664  are located that 10 percent of the qualified electors of the
 1665  district have petitioned the governing body board, a referendum
 1666  election shall be called by the governing body board at the next
 1667  regularly scheduled election of governing body board members
 1668  occurring at least 30 days after verification of the petition or
 1669  within 6 months of verification, whichever is earlier.
 1670         3. If the qualified electors approve the election procedure
 1671  described in this subsection, the governing body board of the
 1672  district shall be increased to five members and elections shall
 1673  be held pursuant to the criteria described in this subsection
 1674  beginning with the next regularly scheduled election of
 1675  governing body board members or at a special election called
 1676  within 6 months following the referendum and final unappealed
 1677  approval of district urban area maps as provided in paragraph
 1678  (b), whichever is earlier.
 1679         4. If the qualified electors of the district disapprove the
 1680  election procedure described in this subsection, elections of
 1681  the members of the governing body board shall continue as
 1682  described by s. 298.12 or the enabling legislation for the
 1683  district. No further referendum on the question shall be held
 1684  for a minimum period of 2 years following the referendum.
 1685         (b) Designation of urban areas.—
 1686         1. Within 30 days after approval of the election process
 1687  described in this subsection by qualified electors of the
 1688  district, the governing body board shall direct the district
 1689  staff to prepare and present maps of the district describing the
 1690  extent and location of all urban areas within the district. Such
 1691  determination shall be based upon the criteria contained within
 1692  paragraph (1)(b).
 1693         2. Within 60 days after approval of the election process
 1694  described in this subsection by qualified electors of the
 1695  district, the maps describing urban areas within the district
 1696  shall be presented to the governing body board.
 1697         3. Any district landowner or elector may contest the
 1698  accuracy of the urban area maps prepared by the district staff
 1699  within 30 days after submission to the governing body board.
 1700  Upon notice of objection to the maps, the governing body board
 1701  shall request the county engineer to prepare and present maps of
 1702  the district describing the extent and location of all urban
 1703  areas within the district. Such determination shall be based
 1704  upon the criteria contained within paragraph (1)(b). Within 30
 1705  days after the governing body board request, the county engineer
 1706  shall present the maps to the governing body board.
 1707         4. Upon presentation of the maps by the county engineer,
 1708  the governing body board shall compare the maps submitted by
 1709  both the district staff and the county engineer and make a
 1710  determination as to which set of maps to adopt. Within 60 days
 1711  after presentation of all such maps, the governing body board
 1712  may amend and shall adopt the official maps at a regularly
 1713  scheduled meeting of the governing body board meeting.
 1714         5. Any district landowner or qualified elector may contest
 1715  the accuracy of the urban area maps adopted by the governing
 1716  body board within 30 days after adoption by petition to the
 1717  circuit court with jurisdiction over the district. Accuracy
 1718  shall be determined pursuant to paragraph (1)(b). Any petitions
 1719  so filed shall be heard expeditiously, and the maps shall either
 1720  be approved or approved with necessary amendments to render the
 1721  maps accurate and shall be certified to the governing body
 1722  board.
 1723         6. Upon adoption by the governing body board or
 1724  certification by the court, the district urban area maps shall
 1725  serve as the official maps for determination of the extent of
 1726  urban area within the district and the number of governing body
 1727  board members to be elected by qualified electors and by the
 1728  one-acre/one-vote principle at the next regularly scheduled
 1729  election of governing body board members.
 1730         7. Upon a determination of the percentage of urban area
 1731  within the district as compared with total area within the
 1732  district, the governing body board shall order elections in
 1733  accordance with the percentages pursuant to paragraph (3)(a).
 1734  The landowners’ meeting date shall be designated by the
 1735  governing body board.
 1736         8. The maps shall be updated and readopted every 5 years or
 1737  sooner in the discretion of the governing body board.
 1738         (3) GOVERNING BODY BOARD.—
 1739         (a) Composition of board.—
 1740         1. Members of the governing body board of the district
 1741  shall be elected in accordance with the following determinations
 1742  of urban area:
 1743         a. If urban areas constitute 25 percent or less of the
 1744  district, one governing body board member shall be elected by
 1745  the qualified electors and four governing body board members
 1746  shall be elected in accordance with the one-acre/one-vote
 1747  principle contained within s. 298.11 or the district-enabling
 1748  legislation.
 1749         b. If urban areas constitute 26 percent to 50 percent of
 1750  the district, two governing body board members shall be elected
 1751  by the qualified electors and three governing body board members
 1752  shall be elected in accordance with the one-acre/one-vote
 1753  principle contained within s. 298.11 or the district-enabling
 1754  legislation.
 1755         c. If urban areas constitute 51 percent to 70 percent of
 1756  the district, three governing body board members shall be
 1757  elected by the qualified electors and two governing body board
 1758  members shall be elected in accordance with the one-acre/one
 1759  vote principle contained within s. 298.11 or the district
 1760  enabling legislation.
 1761         d. If urban areas constitute 71 percent to 90 percent of
 1762  the district, four governing body board members shall be elected
 1763  by the qualified electors and one governing body board member
 1764  shall be elected in accordance with the one-acre/one-vote
 1765  principle contained within s. 298.11 or the district-enabling
 1766  legislation.
 1767         e. If urban areas constitute 91 percent or more of the
 1768  district, all governing body board members shall be elected by
 1769  the qualified electors.
 1770         2. All governing body board members elected by qualified
 1771  electors shall be elected at large.
 1772         (b) Term of office.—All governing body board members
 1773  elected by qualified electors shall have a term of 4 years
 1774  except for governing body board members elected at the first
 1775  election and the first landowners’ meeting following the
 1776  referendum prescribed in paragraph (2)(a). Governing body board
 1777  members elected at the first election and the first landowners’
 1778  meeting following the referendum shall serve as follows:
 1779         1. If one governing body board member is elected by the
 1780  qualified electors and four are elected on a one-acre/one-vote
 1781  basis, the governing body board member elected by the qualified
 1782  electors shall be elected for a period of 4 years. Governing
 1783  body board members elected on a one-acre/one-vote basis shall be
 1784  elected for periods of 1, 2, 3, and 4 years, respectively, as
 1785  prescribed by ss. 298.11 and 298.12.
 1786         2. If two governing body board members are elected by the
 1787  qualified electors and three are elected on a one-acre/one-vote
 1788  basis, the governing body board members elected by the electors
 1789  shall be elected for a period of 4 years. Governing body board
 1790  members elected on a one-acre/one-vote basis shall be elected
 1791  for periods of 1, 2, and 3 years, respectively, as prescribed by
 1792  ss. 298.11 and 298.12.
 1793         3. If three governing body board members are elected by the
 1794  qualified electors and two are elected on a one-acre/one-vote
 1795  basis, two of the governing body board members elected by the
 1796  electors shall be elected for a term of 4 years and the other
 1797  governing body board member elected by the electors shall be
 1798  elected for a term of 2 years. Governing body board members
 1799  elected on a one-acre/one-vote basis shall be elected for terms
 1800  of 1 and 2 years, respectively, as prescribed by ss. 298.11 and
 1801  298.12.
 1802         4. If four governing body board members are elected by the
 1803  qualified electors and one is elected on a one-acre/one-vote
 1804  basis, two of the governing body board members elected by the
 1805  electors shall be elected for a term of 2 years and the other
 1806  two for a term of 4 years. The governing body board member
 1807  elected on a one-acre/one-vote basis shall be elected for a term
 1808  of 1 year as prescribed by ss. 298.11 and 298.12.
 1809         5. If five governing body board members are elected by the
 1810  qualified electors, three shall be elected for a term of 4 years
 1811  and two for a term of 2 years.
 1812         6. If any vacancy occurs in a seat occupied by a governing
 1813  body board member elected by the qualified electors, the
 1814  remaining members of the governing body board shall, within 45
 1815  days after the vacancy occurs, appoint a person who would be
 1816  eligible to hold the office to the unexpired term.
 1817         (c) Landowners’ meetings.—
 1818         1. An annual landowners’ meeting shall be held pursuant to
 1819  s. 298.11 and at least one governing body board member shall be
 1820  elected on a one-acre/one-vote basis pursuant to s. 298.12 for
 1821  so long as 10 percent or more of the district is not contained
 1822  in an urban area. In the event all district governing body board
 1823  members are elected by qualified electors, there shall be no
 1824  further landowners’ meetings.
 1825         2. At any landowners’ meeting called pursuant to this
 1826  section, 50 percent of the district acreage shall not be
 1827  required to constitute a quorum and each governing body board
 1828  member shall be elected by a majority of the acreage represented
 1829  either by owner or proxy present and voting at said meeting.
 1830         3. All landowners’ meetings of districts operating pursuant
 1831  to this section shall be set by the governing body board within
 1832  the month preceding the month of the election of the governing
 1833  body board members by the electors.
 1834         4. Vacancies on the governing body board shall be filled
 1835  pursuant to s. 298.12 except as otherwise provided in
 1836  subparagraph (b)6.
 1837         (4) QUALIFICATIONS.—Elections for governing body board
 1838  members elected by qualified electors shall be nonpartisan.
 1839  Qualifications shall be pursuant to the Florida Election Code
 1840  and shall occur during the qualifying period established by s.
 1841  99.061. Qualification requirements shall only apply to those
 1842  governing body board member candidates elected by qualified
 1843  electors. Following the first election pursuant to this section,
 1844  elections to the governing body board by qualified electors
 1845  shall occur at the next regularly scheduled election closest in
 1846  time to the expiration date of the term of the elected governing
 1847  body board member. If the next regularly scheduled election is
 1848  beyond the normal expiration time for the term of an elected
 1849  governing body board member, the governing body board member
 1850  shall hold office until the election of a successor.
 1851         (5) Those districts established as single-purpose water
 1852  control districts, and which continue to act as single-purpose
 1853  water control districts, pursuant to chapter 298, pursuant to a
 1854  special act, pursuant to a local government ordinance, or
 1855  pursuant to a judicial decree, shall be exempt from the
 1856  provisions of this section. All other independent special
 1857  districts with governing bodies boards elected on a one
 1858  acre/one-vote basis shall be subject to the provisions of this
 1859  section.
 1860         (6) The provisions of this section shall not apply to
 1861  community development districts established pursuant to chapter
 1862  190.
 1863         Section 30. Section 189.4065, Florida Statutes, is
 1864  transferred and renumbered as section 189.05, Florida Statutes.
 1865         Section 31. Section 189.408, Florida Statutes, is
 1866  transferred and renumbered as section 189.042, Florida Statutes.
 1867         Section 32. Section 189.4085, Florida Statutes, is
 1868  transferred and renumbered as section 189.051, Florida Statutes.
 1869         Section 33. Section 189.412, Florida Statutes, is
 1870  transferred and renumbered as section 189.064, Florida Statutes,
 1871  and amended to read:
 1872         189.064 189.412 Special District Accountability Information
 1873  Program; duties and responsibilities.—The Special District
 1874  Accountability Information Program of the department of Economic
 1875  Opportunity is created and has the following special duties:
 1876         (1) Electronically publishing The collection and
 1877  maintenance of special district noncompliance status reports
 1878  from the department of Management Services, the Department of
 1879  Financial Services, the Division of Bond Finance of the State
 1880  Board of Administration, the Auditor General, and the
 1881  Legislative Auditing Committee, for the reporting required in
 1882  ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance
 1883  reports must list those special districts that did not comply
 1884  with the statutory reporting requirements and be made available
 1885  to the public electronically.
 1886         (2) Maintaining the official list of special districts The
 1887  maintenance of a master list of independent and dependent
 1888  special districts which shall be available on the department’s
 1889  website.
 1890         (3) The Publishing and updating of a “Florida Special
 1891  District Handbook” that contains, at a minimum:
 1892         (a) A section that specifies definitions of special
 1893  districts and status distinctions in the statutes.
 1894         (b) A section or sections that specify current statutory
 1895  provisions for special district creation, implementation,
 1896  modification, dissolution, and operating procedures.
 1897         (c) A section that summarizes the reporting requirements
 1898  applicable to all types of special districts as provided in ss.
 1899  189.015 and 189.016 189.417 and 189.418.
 1900         (4) When feasible, securing and maintaining access to
 1901  special district information collected by all state agencies in
 1902  existing or newly created state computer systems.
 1903         (4)(5)Coordinating and communicating The facilitation of
 1904  coordination and communication among state agencies regarding
 1905  special districts district information.
 1906         (6) The conduct of studies relevant to special districts.
 1907         (5)(7)Providing technical advisory The provision of
 1908  assistance related to special districts regarding the and
 1909  appropriate in the performance of requirements specified in this
 1910  chapter which duty may be performed by the department or by a
 1911  qualified third-party vendor pursuant to a contract entered into
 1912  in accordance with applicable bidding requirements, including
 1913  assisting with an annual conference sponsored by the Florida
 1914  Association of Special Districts or its successor.
 1915         (6)(8) Providing assistance to local general-purpose
 1916  governments and certain state agencies in collecting delinquent
 1917  reports or information.,
 1918         (7) Helping special districts comply with reporting
 1919  requirements.,
 1920         (8) Declaring special districts inactive when appropriate,
 1921  and, when directed by the Legislative Auditing Committee or
 1922  required by this chapter.,
 1923         (9) Initiating enforcement proceedings provisions as
 1924  provided in ss. 189.062, 189.066, and 189.067 189.4044, 189.419,
 1925  and 189.421.
 1926         Section 34. Section 189.413, Florida Statutes, is
 1927  transferred and renumbered as section 189.065, Florida Statutes,
 1928  and amended to read:
 1929         189.065 189.413 Special districts; oversight of state funds
 1930  use.—Any state agency administering funding programs for which
 1931  special districts are eligible shall be responsible for
 1932  oversight of the use of such funds by special districts. The
 1933  oversight responsibilities shall include, but not be limited to:
 1934         (1) Reporting the existence of the program to the Special
 1935  District Accountability Information Program of the department.
 1936         (2) Submitting annually a list of special districts
 1937  participating in a state funding program to the Special District
 1938  Accountability Information Program of the department. This list
 1939  must indicate the special districts, if any, that are not in
 1940  compliance with state funding program requirements.
 1941         Section 35. Section 189.415, Florida Statutes, is
 1942  transferred and renumbered as section 189.08, Florida Statutes.
 1943         Section 36. Section 189.4155, Florida Statutes, is
 1944  transferred and renumbered as section 189.081, Florida Statutes.
 1945         Section 37. Section 189.4156, Florida Statutes, is
 1946  transferred and renumbered as section 189.082, Florida Statutes.
 1947         Section 38. Section 189.416, Florida Statutes, is
 1948  transferred and renumbered as section 189.014, Florida Statutes,
 1949  and subsection (1) of that section is amended, to read:
 1950         189.014 189.416 Designation of registered office and
 1951  agent.—
 1952         (1) Within 30 days after the first meeting of its governing
 1953  body board, each special district in the state shall designate a
 1954  registered office and a registered agent and file such
 1955  information with the local governing authority or authorities
 1956  and with the department. The registered agent shall be an agent
 1957  of the district upon whom any process, notice, or demand
 1958  required or permitted by law to be served upon the district may
 1959  be served. A registered agent shall be an individual resident of
 1960  this state whose business address is identical with the
 1961  registered office of the district. The registered office may be,
 1962  but need not be, the same as the place of business of the
 1963  special district.
 1964         Section 39. Section 189.417, Florida Statutes, is
 1965  transferred and renumbered as section 189.015, Florida Statutes,
 1966  and subsection (1) of that section is amended, to read:
 1967         189.015 189.417 Meetings; notice; required reports.—
 1968         (1) The governing body of each special district shall file
 1969  quarterly, semiannually, or annually a schedule of its regular
 1970  meetings with the local governing authority or authorities. The
 1971  schedule shall include the date, time, and location of each
 1972  scheduled meeting. The schedule shall be published quarterly,
 1973  semiannually, or annually in a newspaper of general paid
 1974  circulation in the manner required in this subsection. The
 1975  governing body of an independent special district shall
 1976  advertise the day, time, place, and purpose of any meeting other
 1977  than a regular meeting or any recessed and reconvened meeting of
 1978  the governing body, at least 7 days before prior to such
 1979  meeting, in a newspaper of general paid circulation in the
 1980  county or counties in which the special district is located,
 1981  unless a bona fide emergency situation exists, in which case a
 1982  meeting to deal with the emergency may be held as necessary,
 1983  with reasonable notice, so long as it is subsequently ratified
 1984  by the governing body board. No approval of the annual budget
 1985  shall be granted at an emergency meeting. The advertisement
 1986  shall be placed in that portion of the newspaper where legal
 1987  notices and classified advertisements appear. The advertisement
 1988  shall appear in a newspaper that is published at least 5 days a
 1989  week, unless the only newspaper in the county is published fewer
 1990  than 5 days a week. The newspaper selected must be one of
 1991  general interest and readership in the community and not one of
 1992  limited subject matter, pursuant to chapter 50. Any other
 1993  provision of law to the contrary notwithstanding, and except in
 1994  the case of emergency meetings, water management districts may
 1995  provide reasonable notice of public meetings held to evaluate
 1996  responses to solicitations issued by the water management
 1997  district, by publication in a newspaper of general paid
 1998  circulation in the county where the principal office of the
 1999  water management district is located, or in the county or
 2000  counties where the public work will be performed, no less than 7
 2001  days before such meeting.
 2002         Section 40. Section 189.418, Florida Statutes, is
 2003  transferred and renumbered as section 189.016, Florida Statutes,
 2004  and subsections (2) and (10) of that section are amended, to
 2005  read:
 2006         189.016 189.418 Reports; budgets; audits.—
 2007         (2) Any amendment, modification, or update of the document
 2008  by which the district was created, including changes in
 2009  boundaries, must be filed with the department within 30 days
 2010  after adoption. The department may initiate proceedings against
 2011  special districts as provided in s. 189.067 189.421 for failure
 2012  to file the information required by this subsection. However,
 2013  for the purposes of this section and s. 175.101(1), the
 2014  boundaries of a district shall be deemed to include an area that
 2015  has been annexed until the completion of the 4-year period
 2016  specified in s. 171.093(4) or other mutually agreed upon
 2017  extension, or when a district is providing services pursuant to
 2018  an interlocal agreement entered into pursuant to s. 171.093(3).
 2019         (10) All reports or information required to be filed with a
 2020  local general-purpose government or governing authority under
 2021  ss. 189.08, 189.014, and 189.015 189.415, 189.416, and 189.417
 2022  and subsection (8) must:
 2023         (a) If the local general-purpose government or governing
 2024  authority is a county, be filed with the clerk of the board of
 2025  county commissioners.
 2026         (b) If the district is a multicounty district, be filed
 2027  with the clerk of the county commission in each county.
 2028         (c) If the local general-purpose government or governing
 2029  authority is a municipality, be filed at the place designated by
 2030  the municipal governing body.
 2031         Section 41. Section 189.419, Florida Statutes, is
 2032  transferred, renumbered as section 189.066, Florida Statutes,
 2033  and amended to read:
 2034         189.066 189.419 Effect of failure to file certain reports
 2035  or information.—
 2036         (1) If an independent special district fails to file the
 2037  reports or information required under s. 189.08, s. 189.014, s.
 2038  189.015, or s. 189.016(9) 189.415, s. 189.416, s. 189.417, or s.
 2039  189.418(9) with the local general-purpose government or
 2040  governments in which it is located, the person authorized to
 2041  receive and read the reports or information or the local
 2042  general-purpose government shall notify the district’s
 2043  registered agent. If requested by the district, the local
 2044  general-purpose government shall grant an extension of up to 30
 2045  days for filing the required reports or information. If the
 2046  governing body of the local general-purpose government or
 2047  governments determines that there has been an unjustified
 2048  failure to file these reports or information, it shall may
 2049  notify the department, and the department may proceed pursuant
 2050  to s. 189.067(1) 189.421(1).
 2051         (2) If a dependent special district fails to file the
 2052  reports or information required under s. 189.014, s. 189.015, or
 2053  s. 189.016(9) 189.416, s. 189.417, or s. 189.418(9) with the
 2054  local governing authority to which it is dependent, the local
 2055  governing authority shall take whatever steps it deems necessary
 2056  to enforce the special district’s accountability. Such steps may
 2057  include, as authorized, withholding funds, removing governing
 2058  body board members at will, vetoing the special district’s
 2059  budget, conducting the oversight review process set forth in s.
 2060  189.068 189.428, or amending, merging, or dissolving the special
 2061  district in accordance with the provisions contained in the
 2062  ordinance that created the dependent special district.
 2063         (3) If a special district fails to file the reports or
 2064  information required under s. 218.38 with the appropriate state
 2065  agency, the agency shall notify the department, and the
 2066  department shall send a certified technical assistance letter to
 2067  the special district which summarizes the requirements and
 2068  compels encourages the special district to take steps to prevent
 2069  the noncompliance from reoccurring.
 2070         (4) If a special district fails to file the reports or
 2071  information required under s. 112.63 with the appropriate state
 2072  agency, the agency shall notify the department and the
 2073  department shall proceed pursuant to s. 189.067(1) 189.421(1).
 2074         (5) If a special district fails to file the reports or
 2075  information required under s. 218.32 or s. 218.39 with the
 2076  appropriate state agency or office, the state agency or office
 2077  shall, and the Legislative Auditing Committee may, notify the
 2078  department and the department shall proceed pursuant to s.
 2079  189.067 189.421.
 2080         (6) If a special district created by special act of the
 2081  Legislature fails to file the reports or information required
 2082  under ss. 11.45(7), 218.32, s. 218.39, or 218.503 with the
 2083  appropriate state agency or office, the Legislative Auditing
 2084  Committee shall notify, in writing, the Speaker of the House of
 2085  Representatives, the President of the Senate, and the standing
 2086  committees of the Senate and the House of Representatives
 2087  charged with special district oversight as determined by the
 2088  presiding officers of each respective chamber, pursuant to s.
 2089  189.034.
 2090         (7) If a special district created by ordinance fails to
 2091  file the reports or information required under ss. 11.45(7),
 2092  218.32, 218.39, and 218.503 with the appropriate state agency or
 2093  office, the Legislative Auditing Committee shall notify, in
 2094  writing, the department and the chair or equivalent of the local
 2095  general-purpose government that created the district, pursuant
 2096  to s. 189.035.
 2097         Section 42. Section 189.420, Florida Statutes, is
 2098  transferred and renumbered as section 189.052, Florida Statutes.
 2099         Section 43. Section 189.421, Florida Statutes, is
 2100  transferred, renumbered as section 189.067, Florida Statutes,
 2101  and amended to read:
 2102         189.067 189.421 Failure of district to disclose financial
 2103  reports.—
 2104         (1)(a) If notified pursuant to s. 189.066(1) 189.419(1),
 2105  (4), or (5), the department shall attempt to assist a special
 2106  district in complying with its financial reporting requirements
 2107  by sending a certified letter to the special district, and, if
 2108  the special district is dependent, sending a copy of that letter
 2109  to the chair of the local governing authority. The letter must
 2110  include a description of the required report, including
 2111  statutory submission deadlines, a contact telephone number for
 2112  technical assistance to help the special district comply, a 60
 2113  day deadline for filing the required report with the appropriate
 2114  entity, the address where the report must be filed, and an
 2115  explanation of the penalties for noncompliance.
 2116         (b) A special district that is unable to meet the 60-day
 2117  reporting deadline must provide written notice to the department
 2118  before the expiration of the deadline stating the reason the
 2119  special district is unable to comply with the deadline, the
 2120  steps the special district is taking to prevent the
 2121  noncompliance from reoccurring, and the estimated date that the
 2122  special district will file the report with the appropriate
 2123  agency. The district’s written response does not constitute an
 2124  extension by the department; however, the department shall
 2125  forward the written response as follows to:
 2126         1. If the written response refers to the reports required
 2127  under s. 218.32 or s. 218.39, to the Legislative Auditing
 2128  Committee for its consideration in determining whether the
 2129  special district should be subject to further state action in
 2130  accordance with s. 11.40(2)(b).
 2131         2. If the written response refers to the reports or
 2132  information requirements listed in s. 189.066(1) 189.419(1), to
 2133  the local general-purpose government or governments for their
 2134  consideration in determining whether the oversight review
 2135  process set forth in s. 189.068 189.428 should be undertaken.
 2136         3. If the written response refers to the reports or
 2137  information required under s. 112.63, to the Department of
 2138  Management Services for its consideration in determining whether
 2139  the special district should be subject to further state action
 2140  in accordance with s. 112.63(4)(d)2.
 2141         (2) Failure of a special district to comply with the
 2142  actuarial and financial reporting requirements under s. 112.63,
 2143  s. 218.32, or s. 218.39 after the procedures of subsection (1)
 2144  are exhausted shall be deemed final action of the special
 2145  district. The actuarial and financial reporting requirements are
 2146  declared to be essential requirements of law. Remedies Remedy
 2147  for noncompliance with ss. 218.32 and 218.39 shall be as
 2148  provided in ss. 189.034 and 189.035. Remedies for noncompliance
 2149  with s. 112.63 shall be as set forth in subsection (4) by writ
 2150  of certiorari as set forth in subsection (4).
 2151         (3) Pursuant to s. 11.40(2)(b), the Legislative Auditing
 2152  Committee may shall notify the department of those districts
 2153  that fail to file the required reports. If the procedures
 2154  described in subsection (1) have not yet been initiated, the
 2155  department shall initiate such procedures upon receiving the
 2156  notice from the Legislative Auditing Committee. Otherwise,
 2157  within 60 days after receiving such notice, or within 60 days
 2158  after the expiration of the 60-day deadline provided in
 2159  subsection (1), whichever occurs later, the department,
 2160  notwithstanding the provisions of chapter 120, shall file a
 2161  petition for enforcement writ of certiorari with the circuit
 2162  court. The petition may request declaratory, injunctive, any
 2163  other equitable relief, or any remedy provided by law. Venue for
 2164  all actions pursuant to this subsection is in Leon County. The
 2165  court shall award the prevailing party reasonable attorney’s
 2166  fees and costs unless affirmatively waived by all parties. A
 2167  writ of certiorari shall be issued unless a respondent
 2168  establishes that the notification of the Legislative Auditing
 2169  Committee was issued as a result of material error. Proceedings
 2170  under this subsection are otherwise governed by the Rules of
 2171  Appellate Procedure.
 2172         (4) The department may enforce compliance with s. 112.63 by
 2173  filing a petition for enforcement with the circuit court in and
 2174  for Leon County. The petition may request declaratory,
 2175  injunctive, or other equitable relief, including the appointment
 2176  of a receiver, and any forfeiture or other remedy provided by
 2177  law. Pursuant to s. 112.63(4)(d)2., the Department of Management
 2178  Services may notify the department of those special districts
 2179  that have failed to file the required adjustments, additional
 2180  information, or report or statement after the procedures of
 2181  subsection (1) have been exhausted. Within 60 days after
 2182  receiving such notice or within 60 days after the 60-day
 2183  deadline provided in subsection (1), whichever occurs later, the
 2184  department, notwithstanding chapter 120, shall file a petition
 2185  for writ of certiorari with the circuit court. Venue for all
 2186  actions pursuant to this subsection is in Leon County. The court
 2187  shall award the prevailing party attorney’s fees and costs
 2188  unless affirmatively waived by all parties. A writ of certiorari
 2189  shall be issued unless a respondent establishes that the
 2190  notification of the Department of Management Services was issued
 2191  as a result of material error. Proceedings under this subsection
 2192  are otherwise governed by the Rules of Appellate Procedure.
 2193         Section 44. Section 189.4221, Florida Statutes, is
 2194  transferred and renumbered as section 189.053, Florida Statutes.
 2195         Section 45. Section 189.423, Florida Statutes, is
 2196  transferred and renumbered as section 189.054, Florida Statutes.
 2197         Section 46. Section 189.425, Florida Statutes, is
 2198  transferred and renumbered as section 189.017, Florida Statutes.
 2199         Section 47. Section 189.427, Florida Statutes, is
 2200  transferred and renumbered as section 189.018, Florida Statutes,
 2201  and amended to read:
 2202         189.018 189.427 Fee schedule; Operating Grants and
 2203  Donations Trust Fund.—The department of Economic Opportunity, by
 2204  rule, shall establish a schedule of fees to pay one-half of the
 2205  costs incurred by the department in administering this act,
 2206  except that the fee may not exceed $175 per district per year.
 2207  The fees collected under this section shall be deposited in the
 2208  Operating Grants and Donations Trust Fund, which shall be
 2209  administered by the department of Economic Opportunity. Any fee
 2210  rule must consider factors such as the dependent and independent
 2211  status of the district and district revenues for the most recent
 2212  fiscal year as reported to the Department of Financial Services.
 2213  The department may assess fines of not more than $25, with an
 2214  aggregate total not to exceed $50, as penalties against special
 2215  districts that fail to remit required fees to the department. It
 2216  is the intent of the Legislature that general revenue funds will
 2217  be made available to the department to pay one-half of the cost
 2218  of administering this act.
 2219         Section 48. Section 189.428, Florida Statutes, is
 2220  transferred and renumbered as section 189.068, Florida Statutes,
 2221  and amended to read:
 2222         189.068 189.428 Special districts; oversight review
 2223  process.—
 2224         (1) The Legislature finds it to be in the public interest
 2225  to establish an oversight review process for special districts
 2226  wherein each special district in the state may be reviewed by
 2227  the local general-purpose government in which the district
 2228  exists. The Legislature further finds and determines that such
 2229  law fulfills an important state interest. It is the intent of
 2230  the Legislature that the oversight review process shall
 2231  contribute to informed decisionmaking. These decisions may
 2232  involve the continuing existence or dissolution of a district,
 2233  the appropriate future role and focus of a district,
 2234  improvements in the functioning or delivery of services by a
 2235  district, and the need for any transition, adjustment, or
 2236  special implementation periods or provisions. Any final
 2237  recommendations from the oversight review process that are
 2238  adopted and implemented by the appropriate level of government
 2239  shall not be implemented in a manner that would impair the
 2240  obligation of contracts.
 2241         (2) It is the intent of the Legislature that any oversight
 2242  review process be conducted in conjunction with special district
 2243  public facilities reporting and the local government evaluation
 2244  and appraisal report process described in s. 189.415(2).
 2245         (3)The order in which Special districts may be subject to
 2246  oversight review shall be determined by the reviewer and shall
 2247  occur as follows:
 2248         (2)(a) All dependent special districts may be reviewed by
 2249  the general-purpose local government to which they are
 2250  dependent.
 2251         (b) All single-county independent special districts may be
 2252  reviewed by a county or municipality in which they are located
 2253  or the government that created the district. Any single-county
 2254  independent district that serves an area greater than the
 2255  boundaries of one general-purpose local government may only be
 2256  reviewed by the county on the county’s own initiative or upon
 2257  receipt of a request from any municipality served by the special
 2258  district.
 2259         (c) All multicounty independent special districts may be
 2260  reviewed by the government that created the district. Any
 2261  general-purpose local governments within the boundaries of a
 2262  multicounty district may prepare a preliminary review of a
 2263  multicounty special district for possible reference or inclusion
 2264  in the full review report.
 2265         (d) Upon request by the reviewer, any special district
 2266  within all or a portion of the same county as the special
 2267  district being reviewed may prepare a preliminary review of the
 2268  district for possible reference or inclusion in the full
 2269  oversight review report.
 2270         (3)(4) All special districts, governmental entities, and
 2271  state agencies shall cooperate with the Legislature and with any
 2272  general-purpose local government seeking information or
 2273  assistance with the oversight review process and with the
 2274  preparation of an oversight review report.
 2275         (4)(5) Those conducting the oversight review process shall,
 2276  at a minimum, consider the listed criteria for evaluating the
 2277  special district, but may also consider any additional factors
 2278  relating to the district and its performance. If any of the
 2279  listed criteria does not apply to the special district being
 2280  reviewed, it need not be considered. The criteria to be
 2281  considered by the reviewer include:
 2282         (a) The degree to which the service or services offered by
 2283  the special district are essential or contribute to the well
 2284  being of the community.
 2285         (b) The extent of continuing need for the service or
 2286  services currently provided by the special district.
 2287         (c) The extent of municipal annexation or incorporation
 2288  activity occurring or likely to occur within the boundaries of
 2289  the special district and its impact on the delivery of services
 2290  by the special district.
 2291         (d) Whether there is a less costly alternative method of
 2292  delivering the service or services that would adequately provide
 2293  the district residents with the services provided by the
 2294  district.
 2295         (e) Whether transfer of the responsibility for delivery of
 2296  the service or services to an entity other than the special
 2297  district being reviewed could be accomplished without
 2298  jeopardizing the district’s existing contracts, bonds, or
 2299  outstanding indebtedness.
 2300         (f) Whether the Auditor General has notified the
 2301  Legislative Auditing Committee that the special district’s audit
 2302  report, reviewed pursuant to s. 11.45(7), indicates that the
 2303  district has met any of the conditions specified in s.
 2304  218.503(1) or that a deteriorating financial condition exists
 2305  that may cause a condition described in s. 218.503(1) to occur
 2306  if actions are not taken to address such condition.
 2307         (g) Whether the district is inactive according to the
 2308  official list of special districts, and whether the district is
 2309  meeting and discharging its responsibilities as required by its
 2310  charter, as well as projected increases or decreases in district
 2311  activity.
 2312         (h) Whether the special district has failed to comply with
 2313  any of the reporting requirements in this chapter, including
 2314  preparation of the public facilities report.
 2315         (i) Whether the special district has designated a
 2316  registered office and agent as required by s. 189.014 189.416,
 2317  and has complied with all open public records and meeting
 2318  requirements.
 2319         (5)(6) Any special district may at any time provide the
 2320  Legislature and the general-purpose local government conducting
 2321  the review or making decisions based upon the final oversight
 2322  review report with written responses to any questions, concerns,
 2323  preliminary reports, draft reports, or final reports relating to
 2324  the district.
 2325         (7) The final report of a reviewing government shall be
 2326  filed with the government that created the district and shall
 2327  serve as the basis for any modification to the district charter
 2328  or dissolution or merger of the district.
 2329         (8) If legislative dissolution or merger of a district is
 2330  proposed in the final report, the reviewing government shall
 2331  also propose a plan for the merger or dissolution, and the plan
 2332  shall address the following factors in evaluating the proposed
 2333  merger or dissolution:
 2334         (a) Whether, in light of independent fiscal analysis,
 2335  level-of-service implications, and other public policy
 2336  considerations, the proposed merger or dissolution is the best
 2337  alternative for delivering services and facilities to the
 2338  affected area.
 2339         (b) Whether the services and facilities to be provided
 2340  pursuant to the merger or dissolution will be compatible with
 2341  the capacity and uses of existing local services and facilities.
 2342         (c) Whether the merger or dissolution is consistent with
 2343  applicable provisions of the state comprehensive plan, the
 2344  strategic regional policy plan, and the local government
 2345  comprehensive plans of the affected area.
 2346         (d) Whether the proposed merger adequately provides for the
 2347  assumption of all indebtedness.
 2348  
 2349  The reviewing government shall consider the report in a public
 2350  hearing held within the jurisdiction of the district. If adopted
 2351  by the governing board of the reviewing government, the request
 2352  for legislative merger or dissolution of the district may
 2353  proceed. The adopted plan shall be filed as an attachment to the
 2354  economic impact statement regarding the proposed special act or
 2355  general act of local application dissolving a district.
 2356         (6)(9) This section does not apply to a deepwater port
 2357  listed in s. 311.09(1) which is in compliance with a port master
 2358  plan adopted pursuant to s. 163.3178(2)(k), or to an airport
 2359  authority operating in compliance with an airport master plan
 2360  approved by the Federal Aviation Administration, or to any
 2361  special district organized to operate health systems and
 2362  facilities licensed under chapter 395, chapter 400, or chapter
 2363  429.
 2364         Section 49. Section 189.429, Florida Statutes, is
 2365  transferred and renumbered as section 189.019, Florida Statutes,
 2366  and subsection (1) of that section is amended, to read:
 2367         189.019 189.429 Codification.—
 2368         (1) Each district, by December 1, 2004, shall submit to the
 2369  Legislature a draft codified charter, at its expense, so that
 2370  its special acts may be codified into a single act for
 2371  reenactment by the Legislature, if there is more than one
 2372  special act for the district. The Legislature may adopt a
 2373  schedule for individual district codification. Any codified act
 2374  relating to a district, which act is submitted to the
 2375  Legislature for reenactment, shall provide for the repeal of all
 2376  prior special acts of the Legislature relating to the district.
 2377  The codified act shall be filed with the department pursuant to
 2378  s. 189.016(2) 189.418(2).
 2379         Section 50. Sections 189.430, 189.431, 189.432, 189.433,
 2380  189.434, 189.435, 189.436, 189.437, 189.438, 189.439, 189.440,
 2381  189.441, 189.442, 189.443, and 189.444, Florida Statutes, are
 2382  repealed.
 2383         Section 51. Section 189.034, Florida Statutes, is created
 2384  to read:
 2385         189.034 Oversight of special districts created by special
 2386  act of the Legislature.—
 2387         (1) This section applies to any special district created by
 2388  special act of the Legislature.
 2389         (2) If a special district fails to file required reports or
 2390  requested information with the appropriate state agency or
 2391  office pursuant to ss. 11.45(7), 218.32, 218.39, and 218.503(3),
 2392  the Legislative Auditing Committee or its designee shall provide
 2393  written notice of the district’s noncompliance to the Speaker of
 2394  the House of Representatives, the President of the Senate, the
 2395  standing committees of the Senate and the House of
 2396  Representatives charged with special district oversight as
 2397  determined by the presiding officers of each respective chamber,
 2398  and the legislators who represent a portion of the geographical
 2399  jurisdiction of the special district.
 2400         (3) The Legislative Auditing Committee may convene a public
 2401  hearing on the issue of noncompliance, as well as general
 2402  oversight of the district as provided in s. 189.068, at the
 2403  direction of the Speaker of the House of Representatives and the
 2404  President of the Senate.
 2405         (4) Before a public hearing as provided in subsection (3),
 2406  the special district shall provide the following information at
 2407  the request of the Legislative Auditing Committee:
 2408         (a) The district’s annual financial report for the previous
 2409  fiscal year.
 2410         (b) The district’s audit report for the previous fiscal
 2411  year.
 2412         (c) An annual report for the previous fiscal year providing
 2413  a detailed review of the performance of the special district,
 2414  including the following information:
 2415         1. The purpose of the special district.
 2416         2. The sources of funding for the special district.
 2417         3. A description of the major activities, programs, and
 2418  initiatives the special district undertook in the most recently
 2419  completed fiscal year and the benchmarks or criteria under which
 2420  the success or failure of the district was determined by its
 2421  governing body.
 2422         4. Any challenges or obstacles faced by the special
 2423  district in fulfilling its purpose and related responsibilities.
 2424         5. Ways the special district believes it could better
 2425  fulfill its purpose and related responsibilities and a
 2426  description of the actions that it intends to take during the
 2427  ensuing fiscal year.
 2428         6. Proposed changes to the special act that established the
 2429  special district and justification for such changes.
 2430         7. Any other information reasonably required to provide the
 2431  Legislative Auditing Committee with an accurate understanding of
 2432  the purpose for which the special district exists and how it is
 2433  fulfilling its responsibilities to accomplish that purpose.
 2434         8. Any reasons for the district’s noncompliance.
 2435         9. If the district is currently in compliance and plans to
 2436  correct any recurring issues of noncompliance.
 2437         10. Efforts to promote transparency, including maintenance
 2438  of the district’s website in accordance with s. 189.069.
 2439         Section 52. Section 189.035, Florida Statutes, is created
 2440  to read:
 2441         189.035 Oversight of special districts created by local
 2442  ordinance.—
 2443         (1) If a special district created by local ordinance fails
 2444  to file required reports or requested information under ss.
 2445  11.45(7), 218.32, 218.39, and 218.503(3), with the appropriate
 2446  state agency, the Legislative Auditing Committee or its designee
 2447  shall provide written notice of the district’s noncompliance to
 2448  the chair or equivalent of the local general-purpose government.
 2449         (2) The chair or equivalent of the local general-purpose
 2450  government may convene a public hearing on the issue of
 2451  noncompliance within 6 months after receipt of notice of
 2452  noncompliance from the Legislative Auditing Committee.
 2453         (3) Before the public hearing regarding the special
 2454  district’s noncompliance, the local general-purpose government
 2455  may request the following information from the special district:
 2456         (a) The district’s annual financial report for the previous
 2457  fiscal year.
 2458         (b) The district’s audit report for the previous fiscal
 2459  year.
 2460         (c) An annual report for the previous fiscal year, which
 2461  must provide a detailed review of the performance of the special
 2462  district and include the following information:
 2463         1. The purpose of the special district.
 2464         2. The sources of funding for the special district.
 2465         3. A description of the major activities, programs, and
 2466  initiatives the special district undertook in the most recently
 2467  completed fiscal year and the benchmarks or criteria under which
 2468  the success or failure of the district was determined by its
 2469  governing body.
 2470         4. Any challenges or obstacles faced by the special
 2471  district in fulfilling its purpose and related responsibilities.
 2472         5. Ways the special district believes it could better
 2473  fulfill its purpose and related responsibilities and a
 2474  description of the actions that it intends to take during the
 2475  ensuing fiscal year.
 2476         6. Proposed changes to the ordinance that established the
 2477  special district and justification for such changes.
 2478         7. Any other information reasonably required to provide the
 2479  reviewing entity with an accurate understanding of the purpose
 2480  for which the special district exists and how it is fulfilling
 2481  its responsibilities to accomplish that purpose.
 2482         8. Any reasons for the district’s noncompliance.
 2483         9. Whether the district is currently in compliance.
 2484         10. Plans to correct any recurring issues of noncompliance.
 2485         11. Efforts to promote transparency, including maintenance
 2486  of the district’s website in accordance with s. 189.069.
 2487         Section 53. Section 189.055, Florida Statutes, is created
 2488  to read:
 2489         189.055 Treatment of special districts.—For the purpose of
 2490  s. 196.199(1), special districts shall be treated as
 2491  municipalities.
 2492         Section 54. Section 189.069, Florida Statutes, is created
 2493  to read:
 2494         189.069 Special districts; required reporting of
 2495  information; web-based public access.—
 2496         (1) By October 1, 2015, or by the end of the first full
 2497  fiscal year after its creation, each special district shall
 2498  establish and maintain an official Internet website containing
 2499  the information required by this section in accordance with s.
 2500  189.016. Special districts shall submit their official Internet
 2501  website addresses to the department.
 2502         (a) Independent special districts shall maintain a separate
 2503  Internet website.
 2504         (b) Dependent special districts shall be prominently
 2505  displayed on the homepage of the Internet website of the
 2506  general-purpose government that created the special district
 2507  with a hyperlink to such webpages as are necessary to provide
 2508  the information required by this section. Dependent special
 2509  districts may maintain a separate Internet website providing the
 2510  information required by this section.
 2511         (2) A special district shall post the following
 2512  information, at a minimum, on the district’s official website:
 2513         (a) The full legal name of the special district.
 2514         (b) The public purpose of the special district.
 2515         (c) The name, address, e-mail address, and, if applicable,
 2516  the term and appointing authority for each member of the
 2517  governing body of the special district.
 2518         (d) The fiscal year of the special district.
 2519         (e) The full text of the special district’s charter, the
 2520  date the special district was established, the entity that
 2521  established the special district, and the statute or statutes
 2522  under which the special district operates, if different from the
 2523  statute or statutes under which the special district was
 2524  established. Community development districts may reference
 2525  chapter 190, as the uniform charter, but must include
 2526  information relating to any grant of special powers.
 2527         (f) The mailing address, e-mail address, telephone number,
 2528  and Internet website uniform resource locator of the special
 2529  district.
 2530         (g) A description of the boundaries or service area of, and
 2531  the services provided by, the special district.
 2532         (h) A listing of all taxes, fees, assessments, or charges
 2533  imposed and collected by the special district, including the
 2534  rates or amounts charged for the fiscal year and the statutory
 2535  authority for the levy of the tax, fee, or charge.
 2536         (i) The primary contact information for the special
 2537  district for purposes of communication from the department.
 2538         (j)Any code of ethics that specifically applies to the
 2539  special district.
 2540         (k) The budget of each special district, in addition to
 2541  amendments in accordance with s. 189.418.
 2542         (l)The final, complete audit report for the most recent
 2543  completed fiscal year, and audit reports required by law or
 2544  authorized by the governing body of the special district.
 2545         (3) The department’s Internet website list of special
 2546  districts in the state required under s. 189.061 must include a
 2547  link to the website of each special district that provides web
 2548  based access to the public for all information and documentation
 2549  required for submission to the department under subsection (1).
 2550         Section 55. Paragraph (e) of subsection (1) and paragraph
 2551  (c) of subsection (7) of section 11.45, Florida Statutes, are
 2552  amended to read:
 2553         11.45 Definitions; duties; authorities; reports; rules.—
 2554         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
 2555         (e) “Local governmental entity” means a county agency,
 2556  municipality, or special district as defined in s. 189.012
 2557  189.403, but does not include any housing authority established
 2558  under chapter 421.
 2559         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2560         (c) The Auditor General shall provide annually a list of
 2561  those special districts which are not in compliance with s.
 2562  218.39 to the Special District Accountability Information
 2563  Program of the Department of Economic Opportunity.
 2564         Section 56. Paragraph (c) of subsection (4) of section
 2565  100.011, Florida Statutes, is amended to read:
 2566         100.011 Opening and closing of polls, all elections;
 2567  expenses.—
 2568         (4)
 2569         (c) The provisions of any special law to the contrary
 2570  notwithstanding, all independent and dependent special district
 2571  elections, with the exception of community development district
 2572  elections, shall be conducted in accordance with the
 2573  requirements of ss. 189.04 and 189.041 189.405 and 189.4051.
 2574         Section 57. Paragraph (f) of subsection (1) of section
 2575  101.657, Florida Statutes, is amended to read:
 2576         101.657 Early voting.—
 2577         (1)
 2578         (f) Notwithstanding the requirements of s. 189.04 189.405,
 2579  special districts may provide early voting in any district
 2580  election not held in conjunction with county or state elections.
 2581  If a special district provides early voting, it may designate as
 2582  many sites as necessary and shall conduct its activities in
 2583  accordance with the provisions of paragraphs (a)-(c). The
 2584  supervisor is not required to conduct early voting if it is
 2585  provided pursuant to this subsection.
 2586         Section 58. Paragraph (a) of subsection (14) of section
 2587  112.061, Florida Statutes, is amended to read:
 2588         112.061 Per diem and travel expenses of public officers,
 2589  employees, and authorized persons.—
 2590         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
 2591  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
 2592  ORGANIZATIONS.—
 2593         (a) The following entities may establish rates that vary
 2594  from the per diem rate provided in paragraph (6)(a), the
 2595  subsistence rates provided in paragraph (6)(b), or the mileage
 2596  rate provided in paragraph (7)(d) if those rates are not less
 2597  than the statutorily established rates that are in effect for
 2598  the 2005-2006 fiscal year:
 2599         1. The governing body of a county by the enactment of an
 2600  ordinance or resolution;
 2601         2. A county constitutional officer, pursuant to s. 1(d),
 2602  Art. VIII of the State Constitution, by the establishment of
 2603  written policy;
 2604         3. The governing body of a district school board by the
 2605  adoption of rules;
 2606         4. The governing body of a special district, as defined in
 2607  s. 189.012 189.403(1), except those special districts that are
 2608  subject to s. 166.021(9), by the enactment of a resolution; or
 2609         5. Any metropolitan planning organization created pursuant
 2610  to s. 339.175 or any other separate legal or administrative
 2611  entity created pursuant to s. 339.175 of which a metropolitan
 2612  planning organization is a member, by the enactment of a
 2613  resolution.
 2614         Section 59. Paragraph (d) of subsection (4) of section
 2615  112.63, Florida Statutes, is amended to read:
 2616         112.63 Actuarial reports and statements of actuarial
 2617  impact; review.—
 2618         (4) Upon receipt, pursuant to subsection (2), of an
 2619  actuarial report, or, pursuant to subsection (3), of a statement
 2620  of actuarial impact, the Department of Management Services shall
 2621  acknowledge such receipt, but shall only review and comment on
 2622  each retirement system’s or plan’s actuarial valuations at least
 2623  on a triennial basis.
 2624         (d) In the case of an affected special district, the
 2625  Department of Management Services shall also notify the
 2626  Department of Economic Opportunity. Upon receipt of
 2627  notification, the Department of Economic Opportunity shall
 2628  proceed pursuant to s. 189.067 189.421.
 2629         1. Failure of a special district to provide a required
 2630  report or statement, to make appropriate adjustments, or to
 2631  provide additional material information after the procedures
 2632  specified in s. 189.067(1) 189.421(1) are exhausted shall be
 2633  deemed final action by the special district.
 2634         2. The Department of Management Services may notify the
 2635  Department of Economic Opportunity of those special districts
 2636  that failed to come into compliance. Upon receipt of
 2637  notification, the Department of Economic Opportunity shall
 2638  proceed pursuant to s. 189.067 189.421(4).
 2639         Section 60. Subsection (1) of section 112.665, Florida
 2640  Statutes, is amended to read:
 2641         112.665 Duties of Department of Management Services.—
 2642         (1) The Department of Management Services shall:
 2643         (a) Gather, catalog, and maintain complete, computerized
 2644  data information on all public employee retirement systems or
 2645  plans in the state based upon a review of audits, reports, and
 2646  other data pertaining to the systems or plans;
 2647         (b) Receive and comment upon all actuarial reviews of
 2648  retirement systems or plans maintained by units of local
 2649  government;
 2650         (c) Cooperate with local retirement systems or plans on
 2651  matters of mutual concern and provide technical assistance to
 2652  units of local government in the assessment and revision of
 2653  retirement systems or plans;
 2654         (d) Annually issue, by January 1, a report to the President
 2655  of the Senate and the Speaker of the House of Representatives,
 2656  which details division activities, findings, and recommendations
 2657  concerning all governmental retirement systems. The report may
 2658  include legislation proposed to carry out such recommendations;
 2659         (e) Provide a fact sheet for each participating local
 2660  government defined benefit pension plan which summarizes the
 2661  plan’s actuarial status. The fact sheet should provide a summary
 2662  of the plan’s most current actuarial data, minimum funding
 2663  requirements as a percentage of pay, and a 5-year history of
 2664  funded ratios. The fact sheet must include a brief explanation
 2665  of each element in order to maximize the transparency of the
 2666  local government plans. The fact sheet must also contain the
 2667  information specified in s. 112.664(1). These documents shall be
 2668  posted on the department’s website. Plan sponsors that have
 2669  websites must provide a link to the department’s website;
 2670         (f) Annually issue, by January 1, a report to the Special
 2671  District Accountability Information Program of the Department of
 2672  Economic Opportunity which includes the participation in and
 2673  compliance of special districts with the local government
 2674  retirement system provisions in s. 112.63 and the state
 2675  administered retirement system provisions specified in part I of
 2676  chapter 121; and
 2677         (g) Adopt reasonable rules to administer this part.
 2678         Section 61. Subsection (9) of section 121.021, Florida
 2679  Statutes, is amended to read:
 2680         121.021 Definitions.—The following words and phrases as
 2681  used in this chapter have the respective meanings set forth
 2682  unless a different meaning is plainly required by the context:
 2683         (9) “Special district” means an independent special
 2684  district as defined in s. 189.012 189.403(3).
 2685         Section 62. Paragraph (b) of subsection (2) of section
 2686  121.051, Florida Statutes, is amended to read:
 2687         121.051 Participation in the system.—
 2688         (2) OPTIONAL PARTICIPATION.—
 2689         (b)1. The governing body of any municipality, metropolitan
 2690  planning organization, or special district in the state may
 2691  elect to participate in the Florida Retirement System upon
 2692  proper application to the administrator and may cover all of its
 2693  units as approved by the Secretary of Health and Human Services
 2694  and the administrator. The department shall adopt rules
 2695  establishing procedures for the submission of documents
 2696  necessary for such application. Before being approved for
 2697  participation in the system, the governing body of a
 2698  municipality, metropolitan planning organization, or special
 2699  district that has a local retirement system must submit to the
 2700  administrator a certified financial statement showing the
 2701  condition of the local retirement system within 3 months before
 2702  the proposed effective date of membership in the Florida
 2703  Retirement System. The statement must be certified by a
 2704  recognized accounting firm that is independent of the local
 2705  retirement system. All required documents necessary for
 2706  extending Florida Retirement System coverage must be received by
 2707  the department for consideration at least 15 days before the
 2708  proposed effective date of coverage. If the municipality,
 2709  metropolitan planning organization, or special district does not
 2710  comply with this requirement, the department may require that
 2711  the effective date of coverage be changed.
 2712         2. A municipality, metropolitan planning organization, or
 2713  special district that has an existing retirement system covering
 2714  the employees in the units that are to be brought under the
 2715  Florida Retirement System may participate only after holding a
 2716  referendum in which all employees in the affected units have the
 2717  right to participate. Only those employees electing coverage
 2718  under the Florida Retirement System by affirmative vote in the
 2719  referendum are eligible for coverage under this chapter, and
 2720  those not participating or electing not to be covered by the
 2721  Florida Retirement System shall remain in their present systems
 2722  and are not eligible for coverage under this chapter. After the
 2723  referendum is held, all future employees are compulsory members
 2724  of the Florida Retirement System.
 2725         3. At the time of joining the Florida Retirement System,
 2726  the governing body of a municipality, metropolitan planning
 2727  organization, or special district complying with subparagraph 1.
 2728  may elect to provide, or not provide, benefits based on past
 2729  service of officers and employees as described in s. 121.081(1).
 2730  However, if such employer elects to provide past service
 2731  benefits, such benefits must be provided for all officers and
 2732  employees of its covered group.
 2733         4. Once this election is made and approved it may not be
 2734  revoked, except pursuant to subparagraphs 5. and 6., and all
 2735  present officers and employees electing coverage and all future
 2736  officers and employees are compulsory members of the Florida
 2737  Retirement System.
 2738         5. Subject to subparagraph 6., the governing body of a
 2739  hospital licensed under chapter 395 which is governed by the
 2740  governing body board of a special district as defined in s.
 2741  189.012 189.403 or by the board of trustees of a public health
 2742  trust created under s. 154.07, hereinafter referred to as
 2743  “hospital district,” and which participates in the Florida
 2744  Retirement System, may elect to cease participation in the
 2745  system with regard to future employees in accordance with the
 2746  following:
 2747         a. No more than 30 days and at least 7 days before adopting
 2748  a resolution to partially withdraw from the system and establish
 2749  an alternative retirement plan for future employees, a public
 2750  hearing must be held on the proposed withdrawal and proposed
 2751  alternative plan.
 2752         b. From 7 to 15 days before such hearing, notice of intent
 2753  to withdraw, specifying the time and place of the hearing, must
 2754  be provided in writing to employees of the hospital district
 2755  proposing partial withdrawal and must be published in a
 2756  newspaper of general circulation in the area affected, as
 2757  provided by ss. 50.011-50.031. Proof of publication must be
 2758  submitted to the Department of Management Services.
 2759         c. The governing body of a hospital district seeking to
 2760  partially withdraw from the system must, before such hearing,
 2761  have an actuarial report prepared and certified by an enrolled
 2762  actuary, as defined in s. 112.625, illustrating the cost to the
 2763  hospital district of providing, through the retirement plan that
 2764  the hospital district is to adopt, benefits for new employees
 2765  comparable to those provided under the system.
 2766         d. Upon meeting all applicable requirements of this
 2767  subparagraph, and subject to subparagraph 6., partial withdrawal
 2768  from the system and adoption of the alternative retirement plan
 2769  may be accomplished by resolution duly adopted by the hospital
 2770  district board. The hospital district board must provide written
 2771  notice of such withdrawal to the division by mailing a copy of
 2772  the resolution to the division, postmarked by December 15, 1995.
 2773  The withdrawal shall take effect January 1, 1996.
 2774         6. Following the adoption of a resolution under sub
 2775  subparagraph 5.d., all employees of the withdrawing hospital
 2776  district who were members of the system before January 1, 1996,
 2777  shall remain as members of the system for as long as they are
 2778  employees of the hospital district, and all rights, duties, and
 2779  obligations between the hospital district, the system, and the
 2780  employees remain in full force and effect. Any employee who is
 2781  hired or appointed on or after January 1, 1996, may not
 2782  participate in the system, and the withdrawing hospital district
 2783  has no obligation to the system with respect to such employees.
 2784         Section 63. Subsection (1) of section 153.94, Florida
 2785  Statutes, is amended to read:
 2786         153.94 Applicability of other laws.—Except as expressly
 2787  provided in this act:
 2788         (1) With respect to any wastewater facility privatization
 2789  contract entered into under this act, a public entity is subject
 2790  to s. 125.3401, s. 180.301, s. 189.054 189.423, or s. 190.0125
 2791  but is not subject to the requirements of chapter 287.
 2792         Section 64. Paragraph (a) of subsection (2) of section
 2793  163.08, Florida Statutes, is amended to read:
 2794         163.08 Supplemental authority for improvements to real
 2795  property.—
 2796         (2) As used in this section, the term:
 2797         (a) “Local government” means a county, a municipality, a
 2798  dependent special district as defined in s. 189.012 189.403, or
 2799  a separate legal entity created pursuant to s. 163.01(7).
 2800         Section 65. Subsection (7) of section 165.031, Florida
 2801  Statutes, is amended to read:
 2802         165.031 Definitions.—The following terms and phrases, when
 2803  used in this chapter, shall have the meanings ascribed to them
 2804  in this section, except where the context clearly indicates a
 2805  different meaning:
 2806         (7) “Special district” means a local unit of special
 2807  government, as defined in s. 189.012 189.403(1). This term
 2808  includes dependent special districts, as defined in s. 189.012
 2809  189.403(2), and independent special districts, as defined in s.
 2810  189.012 189.403(3). All provisions of s. 200.001(8)(d) and (e)
 2811  shall be considered provisions of this chapter.
 2812         Section 66. Paragraph (b) of subsection (1) and subsections
 2813  (8) and (16) of section 165.0615, Florida Statutes, are amended
 2814  to read:
 2815         165.0615 Municipal conversion of independent special
 2816  districts upon elector-initiated and approved referendum.—
 2817         (1) The qualified electors of an independent special
 2818  district may commence a municipal conversion proceeding by
 2819  filing a petition with the governing body of the independent
 2820  special district proposed to be converted if the district meets
 2821  all of the following criteria:
 2822         (b) It is designated as an improvement district and created
 2823  pursuant to chapter 298 or is designated as a stewardship
 2824  district and created pursuant to s. 189.031 189.404.
 2825         (8) Notice of the final public hearing on the proposed
 2826  elector-initiated combined municipal incorporation plan must be
 2827  published pursuant to the notice requirements in s. 189.015
 2828  189.417 and must provide a descriptive summary of the elector
 2829  initiated municipal incorporation plan and a reference to the
 2830  public places within the independent special district where a
 2831  copy of the plan may be examined.
 2832         (16) If the incorporation plan is approved by a majority of
 2833  the votes cast in the independent special district, the district
 2834  shall notify the special district accountability information
 2835  program pursuant to s. 189.016(2) 189.418(2) and the local
 2836  general-purpose governments in which any part of the independent
 2837  special district is situated pursuant to s. 189.016(7)
 2838  189.418(7).
 2839         Section 67. Subsection (3) of section 171.202, Florida
 2840  Statutes, is amended to read:
 2841         171.202 Definitions.—As used in this part, the term:
 2842         (3) “Independent special district” means an independent
 2843  special district, as defined in s. 189.012 189.403, which
 2844  provides fire, emergency medical, water, wastewater, or
 2845  stormwater services.
 2846         Section 68. Subsection (16) of section 175.032, Florida
 2847  Statutes, is amended to read:
 2848         175.032 Definitions.—For any municipality, special fire
 2849  control district, chapter plan, local law municipality, local
 2850  law special fire control district, or local law plan under this
 2851  chapter, the following words and phrases have the following
 2852  meanings:
 2853         (16) “Special fire control district” means a special
 2854  district, as defined in s. 189.012 189.403(1), established for
 2855  the purposes of extinguishing fires, protecting life, and
 2856  protecting property within the incorporated or unincorporated
 2857  portions of any county or combination of counties, or within any
 2858  combination of incorporated and unincorporated portions of any
 2859  county or combination of counties. The term does not include any
 2860  dependent or independent special district, as defined in s.
 2861  189.012 189.403(2) and (3), respectively, the employees of which
 2862  are members of the Florida Retirement System pursuant to s.
 2863  121.051(1) or (2).
 2864         Section 69. Section 190.011, Florida Statutes, is amended
 2865  to read:
 2866         190.011 General powers.—The district shall have, and the
 2867  governing body board may exercise, the following powers:
 2868         (1) To sue and be sued in the name of the district; to
 2869  adopt and use a seal and authorize the use of a facsimile
 2870  thereof; to acquire, by purchase, gift, devise, or otherwise,
 2871  and to dispose of, real and personal property, or any estate
 2872  therein; and to make and execute contracts and other instruments
 2873  necessary or convenient to the exercise of its powers.
 2874         (2) To apply for coverage of its employees under the state
 2875  retirement system in the same manner as if such employees were
 2876  state employees, subject to necessary action by the district to
 2877  pay employer contributions into the state retirement fund.
 2878         (3) To contract for the services of consultants to perform
 2879  planning, engineering, legal, or other appropriate services of a
 2880  professional nature. Such contracts shall be subject to public
 2881  bidding or competitive negotiation requirements as set forth in
 2882  s. 190.033.
 2883         (4) To borrow money and accept gifts; to apply for and use
 2884  grants or loans of money or other property from the United
 2885  States, the state, a unit of local government, or any person for
 2886  any district purposes and enter into agreements required in
 2887  connection therewith; and to hold, use, and dispose of such
 2888  moneys or property for any district purposes in accordance with
 2889  the terms of the gift, grant, loan, or agreement relating
 2890  thereto.
 2891         (5) To adopt rules and orders pursuant to the provisions of
 2892  chapter 120 prescribing the powers, duties, and functions of the
 2893  officers of the district; the conduct of the business of the
 2894  district; the maintenance of records; and the form of
 2895  certificates evidencing tax liens and all other documents and
 2896  records of the district. The board may also adopt administrative
 2897  rules with respect to any of the projects of the district and
 2898  define the area to be included therein. The board may also adopt
 2899  resolutions which may be necessary for the conduct of district
 2900  business.
 2901         (6) To maintain an office at such place or places as it may
 2902  designate within a county in which the district is located or
 2903  within the boundaries of a development of regional impact or a
 2904  Florida Quality Development, or a combination of a development
 2905  of regional impact and a Florida Quality Development, which
 2906  includes the district, which office must be reasonably
 2907  accessible to the landowners. Meetings pursuant to s. 189.015(3)
 2908  189.417(3) of a district within the boundaries of a development
 2909  of regional impact or Florida Quality Development, or a
 2910  combination of a development of regional impact and a Florida
 2911  Quality Development, may be held at such office.
 2912         (7)(a) To hold, control, and acquire by donation, purchase,
 2913  or condemnation, or dispose of, any public easements,
 2914  dedications to public use, platted reservations for public
 2915  purposes, or any reservations for those purposes authorized by
 2916  this act and to make use of such easements, dedications, or
 2917  reservations for any of the purposes authorized by this act.
 2918         (b) When real property in the district is owned by a
 2919  governmental entity and subject to a ground lease as described
 2920  in s. 190.003(14), to collect ground rent from landowners
 2921  pursuant to a contract with such governmental entity and to
 2922  contract with the county tax collector for collection of such
 2923  ground rent using the procedures authorized in s. 197.3631,
 2924  other than the procedures contained in s. 197.3632.
 2925         (8) To lease as lessor or lessee to or from any person,
 2926  firm, corporation, association, or body, public or private, any
 2927  projects of the type that the district is authorized to
 2928  undertake and facilities or property of any nature for the use
 2929  of the district to carry out any of the purposes authorized by
 2930  this act.
 2931         (9) To borrow money and issue bonds, certificates,
 2932  warrants, notes, or other evidence of indebtedness as
 2933  hereinafter provided; to levy such tax and special assessments
 2934  as may be authorized; and to charge, collect, and enforce fees
 2935  and other user charges.
 2936         (10) To raise, by user charges or fees authorized by
 2937  resolution of the board, amounts of money which are necessary
 2938  for the conduct of the district activities and services and to
 2939  enforce their receipt and collection in the manner prescribed by
 2940  resolution not inconsistent with law.
 2941         (11) To exercise within the district, or beyond the
 2942  district with prior approval by resolution of the governing body
 2943  of the county if the taking will occur in an unincorporated area
 2944  or with prior approval by resolution of the governing body of
 2945  the municipality if the taking will occur within a municipality,
 2946  the right and power of eminent domain, pursuant to the
 2947  provisions of chapters 73 and 74, over any property within the
 2948  state, except municipal, county, state, and federal property,
 2949  for the uses and purposes of the district relating solely to
 2950  water, sewer, district roads, and water management, specifically
 2951  including, without limitation, the power for the taking of
 2952  easements for the drainage of the land of one person over and
 2953  through the land of another.
 2954         (12) To cooperate with, or contract with, other
 2955  governmental agencies as may be necessary, convenient,
 2956  incidental, or proper in connection with any of the powers,
 2957  duties, or purposes authorized by this act.
 2958         (13) To assess and impose upon lands in the district ad
 2959  valorem taxes as provided by this act.
 2960         (14) To determine, order, levy, impose, collect, and
 2961  enforce special assessments pursuant to this act and chapter
 2962  170. Such special assessments may, in the discretion of the
 2963  district, be collected and enforced pursuant to the provisions
 2964  of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter
 2965  173.
 2966         (15) To exercise all of the powers necessary, convenient,
 2967  incidental, or proper in connection with any of the powers,
 2968  duties, or purposes authorized by this act.
 2969         (16) To exercise such special powers as may be authorized
 2970  by this act.
 2971         Section 70. Subsection (8) of section 190.046, Florida
 2972  Statutes, is amended to read:
 2973         190.046 Termination, contraction, or expansion of
 2974  district.—
 2975         (8) In the event the district has become inactive pursuant
 2976  to s. 189.062 189.4044, the respective board of county
 2977  commissioners or city commission shall be informed and it shall
 2978  take appropriate action.
 2979         Section 71. Section 190.049, Florida Statutes, is amended
 2980  to read:
 2981         190.049 Special acts prohibited.—Pursuant to s. 11(a)(21),
 2982  Art. III of the State Constitution, there shall be no special
 2983  law or general law of local application creating an independent
 2984  special district which has the powers enumerated in two or more
 2985  of the paragraphs contained in s. 190.012, unless such district
 2986  is created pursuant to the provisions of s. 189.031 189.404.
 2987         Section 72. Subsection (5) of section 191.003, Florida
 2988  Statutes, is amended to read:
 2989         191.003 Definitions.—As used in this act:
 2990         (5) “Independent special fire control district” means an
 2991  independent special district as defined in s. 189.012 189.403,
 2992  created by special law or general law of local application,
 2993  providing fire suppression and related activities within the
 2994  jurisdictional boundaries of the district. The term does not
 2995  include a municipality, a county, a dependent special district
 2996  as defined in s. 189.012 189.403, a district providing primarily
 2997  emergency medical services, a community development district
 2998  established under chapter 190, or any other multiple-power
 2999  district performing fire suppression and related services in
 3000  addition to other services.
 3001         Section 73. Paragraph (a) of subsection (1) and subsection
 3002  (8) of section 191.005, Florida Statutes, are amended to read:
 3003         191.005 District boards of commissioners; membership,
 3004  officers, meetings.—
 3005         (1)(a) With the exception of districts whose governing
 3006  boards are appointed collectively by the Governor, the county
 3007  commission, and any cooperating city within the county, the
 3008  business affairs of each district shall be conducted and
 3009  administered by a five-member board. All three-member boards
 3010  existing on the effective date of this act shall be converted to
 3011  five-member boards, except those permitted to continue as a
 3012  three-member board by special act adopted in 1997 or thereafter.
 3013  The board shall be elected in nonpartisan elections by the
 3014  electors of the district. Except as provided in this act, such
 3015  elections shall be held at the time and in the manner prescribed
 3016  by law for holding general elections in accordance with s.
 3017  189.04(2)(a) 189.405(2)(a) and (3), and each member shall be
 3018  elected for a term of 4 years and serve until the member’s
 3019  successor assumes office. Candidates for the board of a district
 3020  shall qualify as directed by chapter 99.
 3021         (8) All meetings of the board shall be open to the public
 3022  consistent with chapter 286, s. 189.015 189.417, and other
 3023  applicable general laws.
 3024         Section 74. Subsection (2) of section 191.013, Florida
 3025  Statutes, is amended to read:
 3026         191.013 Intergovernmental coordination.—
 3027         (2) Each independent special fire control district shall
 3028  adopt a 5-year plan to identify the facilities, equipment,
 3029  personnel, and revenue needed by the district during that 5-year
 3030  period. The plan shall be updated in accordance with s. 189.08
 3031  189.415 and shall satisfy the requirement for a public
 3032  facilities report required by s. 189.08(2) 189.415(2).
 3033         Section 75. Subsection (1) of section 191.014, Florida
 3034  Statutes, is amended to read:
 3035         191.014 District creation and expansion.—
 3036         (1) New districts may be created only by the Legislature
 3037  under s. 189.031 189.404.
 3038         Section 76. Section 191.015, Florida Statutes, is amended
 3039  to read:
 3040         191.015 Codification.—Each fire control district existing
 3041  on the effective date of this section, by December 1, 2004,
 3042  shall submit to the Legislature a draft codified charter, at its
 3043  expense, so that its special acts may be codified into a single
 3044  act for reenactment by the Legislature, if there is more than
 3045  one special act for the district. The Legislature may adopt a
 3046  schedule for individual district codification. Any codified act
 3047  relating to a district, which act is submitted to the
 3048  Legislature for reenactment, shall provide for the repeal of all
 3049  prior special acts of the Legislature relating to the district.
 3050  The codified act shall be filed with the Department of Economic
 3051  Opportunity pursuant to s. 189.016(2) 189.418(2).
 3052         Section 77. Paragraphs (c), (d), and (e) of subsection (8)
 3053  of section 200.001, Florida Statutes, are amended to read:
 3054         200.001 Millages; definitions and general provisions.—
 3055         (8)
 3056         (c) “Special district” means a special district as defined
 3057  in s. 189.012 189.403(1).
 3058         (d) “Dependent special district” means a dependent special
 3059  district as defined in s. 189.012 189.403(2). Dependent special
 3060  district millage, when added to the millage of the governing
 3061  body to which it is dependent, shall not exceed the maximum
 3062  millage applicable to such governing body.
 3063         (e) “Independent special district” means an independent
 3064  special district as defined in s. 189.012 189.403(3), with the
 3065  exception of a downtown development authority established prior
 3066  to the effective date of the 1968 State Constitution as an
 3067  independent body, either appointed or elected, regardless of
 3068  whether or not the budget is approved by the local governing
 3069  body, if the district levies a millage authorized as of the
 3070  effective date of the 1968 State Constitution. Independent
 3071  special district millage shall not be levied in excess of a
 3072  millage amount authorized by general law and approved by vote of
 3073  the electors pursuant to s. 9(b), Art. VII of the State
 3074  Constitution, except for those independent special districts
 3075  levying millage for water management purposes as provided in
 3076  that section and municipal service taxing units as specified in
 3077  s. 125.01(1)(q) and (r). However, independent special district
 3078  millage authorized as of the date the 1968 State Constitution
 3079  became effective need not be so approved, pursuant to s. 2, Art.
 3080  XII of the State Constitution.
 3081         Section 78. Subsections (1), (5), (6), and (7) of section
 3082  218.31, Florida Statutes, are amended to read:
 3083         218.31 Definitions.—As used in this part, except where the
 3084  context clearly indicates a different meaning:
 3085         (1) “Local governmental entity” means a county agency, a
 3086  municipality, or a special district as defined in s. 189.012
 3087  189.403. For purposes of s. 218.32, the term also includes a
 3088  housing authority created under chapter 421.
 3089         (5) “Special district” means a special district as defined
 3090  in s. 189.012 189.403(1).
 3091         (6) “Dependent special district” means a dependent special
 3092  district as defined in s. 189.012 189.403(2).
 3093         (7) “Independent special district” means an independent
 3094  special district as defined in s. 189.012 189.403(3).
 3095         Section 79. Paragraph (a) and (f) of subsection (1) and
 3096  subsection (2) of section 218.32, Florida Statutes, are amended
 3097  to read:
 3098         218.32 Annual financial reports; local governmental
 3099  entities.—
 3100         (1)(a) Each local governmental entity that is determined to
 3101  be a reporting entity, as defined by generally accepted
 3102  accounting principles, and each independent special district as
 3103  defined in s. 189.012 189.403, shall submit to the department a
 3104  copy of its annual financial report for the previous fiscal year
 3105  in a format prescribed by the department. The annual financial
 3106  report must include a list of each local governmental entity
 3107  included in the report and each local governmental entity that
 3108  failed to provide financial information as required by paragraph
 3109  (b). The chair of the governing body and the chief financial
 3110  officer of each local governmental entity shall sign the annual
 3111  financial report submitted pursuant to this subsection attesting
 3112  to the accuracy of the information included in the report. The
 3113  county annual financial report must be a single document that
 3114  covers each county agency.
 3115         (f) If the department does not receive a completed annual
 3116  financial report from a local governmental entity within the
 3117  required period, it shall notify the Legislative Auditing
 3118  Committee and the Special District Accountability Information
 3119  Program of the Department of Economic Opportunity of the
 3120  entity’s failure to comply with the reporting requirements.
 3121         (2) The department shall annually by December 1 file a
 3122  verified report with the Governor, the Legislature, the Auditor
 3123  General, and the Special District Accountability Information
 3124  Program of the Department of Economic Opportunity showing the
 3125  revenues, both locally derived and derived from
 3126  intergovernmental transfers, and the expenditures of each local
 3127  governmental entity, regional planning council, local government
 3128  finance commission, and municipal power corporation that is
 3129  required to submit an annual financial report. The report must
 3130  include, but is not limited to:
 3131         (a) The total revenues and expenditures of each local
 3132  governmental entity that is a component unit included in the
 3133  annual financial report of the reporting entity.
 3134         (b) The amount of outstanding long-term debt by each local
 3135  governmental entity. For purposes of this paragraph, the term
 3136  “long-term debt” means any agreement or series of agreements to
 3137  pay money, which, at inception, contemplate terms of payment
 3138  exceeding 1 year in duration.
 3139         Section 80. Paragraph (g) of subsection (1) of section
 3140  218.37, Florida Statutes, is amended to read:
 3141         218.37 Powers and duties of Division of Bond Finance;
 3142  advisory council.—
 3143         (1) The Division of Bond Finance of the State Board of
 3144  Administration, with respect to both general obligation bonds
 3145  and revenue bonds, shall:
 3146         (g) By January 1 each year, provide the Special District
 3147  Accountability Information Program of the Department of Economic
 3148  Opportunity with a list of special districts that are not in
 3149  compliance with the requirements in s. 218.38.
 3150         Section 81. Paragraph (j) of subsection (1) of section
 3151  255.20, Florida Statutes, is amended to read:
 3152         255.20 Local bids and contracts for public construction
 3153  works; specification of state-produced lumber.—
 3154         (1) A county, municipality, special district as defined in
 3155  chapter 189, or other political subdivision of the state seeking
 3156  to construct or improve a public building, structure, or other
 3157  public construction works must competitively award to an
 3158  appropriately licensed contractor each project that is estimated
 3159  in accordance with generally accepted cost-accounting principles
 3160  to cost more than $300,000. For electrical work, the local
 3161  government must competitively award to an appropriately licensed
 3162  contractor each project that is estimated in accordance with
 3163  generally accepted cost-accounting principles to cost more than
 3164  $75,000. As used in this section, the term “competitively award”
 3165  means to award contracts based on the submission of sealed bids,
 3166  proposals submitted in response to a request for proposal,
 3167  proposals submitted in response to a request for qualifications,
 3168  or proposals submitted for competitive negotiation. This
 3169  subsection expressly allows contracts for construction
 3170  management services, design/build contracts, continuation
 3171  contracts based on unit prices, and any other contract
 3172  arrangement with a private sector contractor permitted by any
 3173  applicable municipal or county ordinance, by district
 3174  resolution, or by state law. For purposes of this section, cost
 3175  includes the cost of all labor, except inmate labor, and the
 3176  cost of equipment and materials to be used in the construction
 3177  of the project. Subject to the provisions of subsection (3), the
 3178  county, municipality, special district, or other political
 3179  subdivision may establish, by municipal or county ordinance or
 3180  special district resolution, procedures for conducting the
 3181  bidding process.
 3182         (j) A county, municipality, special district as defined in
 3183  s. 189.012 189.403, or any other political subdivision of the
 3184  state that owns or operates a public-use airport as defined in
 3185  s. 332.004 is exempt from this section when performing repairs
 3186  or maintenance on the airport’s buildings, structures, or public
 3187  construction works using the local government’s own services,
 3188  employees, and equipment.
 3189         Section 82. Subsection (4) of section 298.225, Florida
 3190  Statutes, is amended to read:
 3191         298.225 Water control plan; plan development and
 3192  amendment.—
 3193         (4) Information contained within a district’s facilities
 3194  plan prepared pursuant to s. 189.08 189.415 which satisfies any
 3195  of the provisions of subsection (3) may be used as part of the
 3196  district water control plan.
 3197         Section 83. Subsection (7) of section 343.922, Florida
 3198  Statutes, is amended to read:
 3199         343.922 Powers and duties.—
 3200         (7) The authority shall comply with all statutory
 3201  requirements of general application which relate to the filing
 3202  of any report or documentation required by law, including the
 3203  requirements of ss. 189.015, 189.016, 189.051, and 189.08
 3204  189.4085, 189.415, 189.417, and 189.418.
 3205         Section 84. Subsection (5) of section 348.0004, Florida
 3206  Statutes, is amended to read:
 3207         348.0004 Purposes and powers.—
 3208         (5) Any authority formed pursuant to this act shall comply
 3209  with all statutory requirements of general application which
 3210  relate to the filing of any report or documentation required by
 3211  law, including the requirements of ss. 189.015, 189.016,
 3212  189.051, and 189.08 189.4085, 189.415, 189.417, and 189.418.
 3213         Section 85. Section 373.711, Florida Statutes, is amended
 3214  to read:
 3215         373.711 Technical assistance to local governments.—The
 3216  water management districts shall assist local governments in the
 3217  development and future revision of local government
 3218  comprehensive plan elements or public facilities report as
 3219  required by s. 189.08 189.415, related to water resource issues.
 3220         Section 86. Paragraph (b) of subsection (3) of section
 3221  403.0891, Florida Statutes, is amended to read:
 3222         403.0891 State, regional, and local stormwater management
 3223  plans and programs.—The department, the water management
 3224  districts, and local governments shall have the responsibility
 3225  for the development of mutually compatible stormwater management
 3226  programs.
 3227         (3)
 3228         (b) Local governments are encouraged to consult with the
 3229  water management districts, the Department of Transportation,
 3230  and the department before adopting or updating their local
 3231  government comprehensive plan or public facilities report as
 3232  required by s. 189.08 189.415, whichever is applicable.
 3233         Section 87. Subsection (1) of section 582.32, Florida
 3234  Statutes, is amended to read:
 3235         582.32 Effect of dissolution.—
 3236         (1) Upon issuance of a certificate of dissolution, s.
 3237  189.076(2) 189.4045(2) applies and all land use regulations in
 3238  effect within such districts are void.
 3239         Section 88. Paragraph (a) of subsection (3) of section
 3240  1013.355, Florida Statutes, is amended to read:
 3241         1013.355 Educational facilities benefit districts.—
 3242         (3)(a) An educational facilities benefit district may be
 3243  created pursuant to this act and chapters 125, 163, 166, and
 3244  189. An educational facilities benefit district charter may be
 3245  created by a county or municipality by entering into an
 3246  interlocal agreement, as authorized by s. 163.01, with the
 3247  district school board and any local general purpose government
 3248  within whose jurisdiction a portion of the district is located
 3249  and adoption of an ordinance that includes all provisions
 3250  contained within s. 189.02 189.4041. The creating entity shall
 3251  be the local general purpose government within whose boundaries
 3252  a majority of the educational facilities benefit district’s
 3253  lands are located.
 3254         Section 89. This act shall take effect July 1, 2014.
 3255  
 3256  ================= T I T L E  A M E N D M E N T ================
 3257  And the title is amended as follows:
 3258  
 3259         Delete everything before the enacting clause
 3260  and insert:
 3261                        A bill to be entitled                      
 3262  
 3263