ENROLLED
       2014 Legislature     CS for CS for CS for SB 1632, 1st Engrossed
       
       
       
       
       
       
                                                             20141632er
    1  
    2         An act relating to special districts; designating
    3         parts I-VIII of chapter 189, F.S., relating to special
    4         districts; amending s. 11.40, F.S.; revising duties of
    5         the Legislative Auditing Committee; amending s.
    6         112.312, F.S.; redefining the term “agency” as it
    7         applies to the code of ethics for public officers and
    8         employees to include special districts; creating s.
    9         112.511, F.S.; specifying applicability of procedures
   10         regarding suspension and removal of a member of the
   11         governing body of a special district; amending s.
   12         125.901, F.S.; conforming provisions to changes made
   13         by the act; transferring, renumbering, and amending s.
   14         189.401, F.S.; revising a short title; transferring,
   15         renumbering, and amending s. 189.402, F.S.; revising a
   16         statement of legislative purpose and intent; making
   17         technical changes; conforming provisions to changes
   18         made by the act; transferring, renumbering, and
   19         amending s. 189.403, F.S.; redefining the term
   20         “special district”; transferring, renumbering, and
   21         amending ss. 189.4031, 189.4035, 189.404, 189.40401,
   22         189.4041, and 189.4042, F.S.; deleting provisions
   23         relating to the application of a special district to
   24         amend its charter; conforming provisions and cross
   25         references; transferring, renumbering, and amending s.
   26         189.4044, F.S.; revising the circumstances under which
   27         the Department of Economic Opportunity may declare a
   28         special district inactive; requiring the department to
   29         provide notice of a declaration of inactive status to
   30         certain persons and bodies; prohibiting special
   31         districts that are declared inactive from collecting
   32         taxes, fees, or assessments; providing exceptions;
   33         providing for enforcement of the prohibition;
   34         providing for costs of litigation and reasonable
   35         attorney fees under certain conditions; transferring
   36         and renumbering ss. 189.4045 and 189.4047, F.S.;
   37         transferring, renumbering, and amending s. 189.405,
   38         F.S.; revising requirements related to education
   39         programs for new members of special district governing
   40         bodies; amending s. 189.4051, F.S.; revising
   41         definitions; conforming provisions; transferring and
   42         renumbering ss. 189.4065, 189.408, and 189.4085, F.S.;
   43         transferring, renumbering, and amending ss. 189.412
   44         and 189.413, F.S.; renaming the Special District
   45         Information Program the Special District
   46         Accountability Program; revising duties of the Special
   47         District Accountability Program; transferring and
   48         renumbering ss. 189.415, 189.4155, and 189.4156, F.S.;
   49         transferring, renumbering, and amending ss. 189.416,
   50         189.417, and 189.418, F.S.; conforming provisions and
   51         cross-references; transferring, renumbering, and
   52         amending s. 189.419, F.S.; revising provisions related
   53         to the failure of a special district to file certain
   54         reports or information; conforming cross-references;
   55         transferring and renumbering s. 189.420, F.S.;
   56         transferring, renumbering, and amending s. 189.421,
   57         F.S.; revising notification requirements; authorizing
   58         the department to petition for the enforcement of
   59         compliance; deleting provisions related to available
   60         remedies for the failure of a special district to
   61         disclose required financial reports; transferring and
   62         renumbering ss. 189.4221, 189.423, and 189.425, F.S.;
   63         transferring, renumbering, and amending s. 189.427,
   64         F.S.; making editorial changes; transferring,
   65         renumbering, and amending s. 189.428, F.S.; revising
   66         the oversight review process for special districts;
   67         transferring and renumbering s. 189.429, F.S.;
   68         repealing ss. 189.430, 189.431, 189.432, 189.433,
   69         189.434, 189.435, 189.436, 189.437, 189.438, 189.439,
   70         189.440, 189.441, 189.442, 189.443, and 189.444, F.S.,
   71         relating to the Community Improvement Authority Act;
   72         creating ss. 189.034 and 189.035, F.S.; requiring the
   73         Legislative Auditing Committee to provide notice of
   74         the failure of special districts to file certain
   75         required reports to certain persons and bodies;
   76         authorizing the Legislative Auditing Committee or
   77         reviewing entity to convene a public hearing;
   78         requiring certain reviewing entities to notify the
   79         Legislative Auditing Committee of a public hearing;
   80         requiring a special district to provide certain
   81         information before the public hearing at the request
   82         of the Legislative Auditing Committee or the reviewing
   83         entity; providing reporting requirements for certain
   84         public hearings; creating s. 189.055, F.S.; requiring
   85         special districts to be treated as municipalities for
   86         certain purposes; creating s. 189.069, F.S.; requiring
   87         special districts to maintain an official Internet
   88         website for certain purposes; requiring special
   89         districts to annually update and maintain certain
   90         information on the website; requiring special
   91         districts to submit the web address of their
   92         respective websites to the department; requiring that
   93         the department’s online list of special districts
   94         include a link to the website of certain special
   95         districts; amending ss. 11.45, 100.011, 101.657,
   96         112.061, 112.63, 112.665, 121.021, 121.051, 153.94,
   97         163.08, 165.031, 165.0615, 171.202, 175.032, 190.011,
   98         190.046, 190.049, 191.003, 191.005, 191.013, 191.014,
   99         191.015, 200.001, 218.31, 218.32, 218.37, 255.20,
  100         298.225, 343.922, 348.0004, 373.711, 403.0891, 582.32,
  101         and 1013.355, F.S.; conforming cross-references and
  102         provisions to changes made by the act; providing an
  103         effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Chapter 189, Florida Statutes, as amended by
  108  this act, is divided into the following parts:
  109         (1) Part I, consisting of sections 189.01, 189.011,
  110  189.012, 189.013, 189.014, 189.015, 189.016, 189.017, 189.018,
  111  and 189.019, Florida Statutes, as created by this act, and
  112  entitled “General Provisions.”
  113         (2) Part II, consisting of sections 189.02 and 189.021,
  114  Florida Statutes, as created by this act, and entitled
  115  “Dependent Special Districts.”
  116         (3) Part III, consisting of sections 189.03, 189.031,
  117  189.0311, 189.033, 189.034, and 189.035, Florida Statutes, as
  118  created by this act, and entitled “Independent Special
  119  Districts.”
  120         (4) Part IV, consisting of sections 189.04, 189.041, and
  121  189.042, Florida Statutes, as created by this act, and entitled
  122  “Elections.”
  123         (5) Part V, consisting of sections 189.05, 189.051,
  124  189.052, 189.053, 189.054, and 189.055, Florida Statutes, as
  125  created by this act, and entitled “Finance.”
  126         (6) Part VI, consisting of sections 189.06, 189.061,
  127  189.062, 189.063, 189.064, 189.065, 189.066, 189.067, 189.068,
  128  189.069, and 189.0691, Florida Statutes, as created by this act,
  129  and entitled “Oversight and Accountability.”
  130         (7) Part VII, consisting of sections 189.07, 189.071,
  131  189.072, 189.073, 189.074, 189.075, 189.076, and 189.0761,
  132  Florida Statutes, as created by this act, and entitled “Merger
  133  and Dissolution.”
  134         (8) Part VIII, consisting of sections 189.08, 189.081, and
  135  189.082, Florida Statutes, as created by this act, and entitled
  136  “Comprehensive Planning.”
  137         Section 2. Paragraph (b) of subsection (2) of section
  138  11.40, Florida Statutes, is amended to read:
  139         11.40 Legislative Auditing Committee.—
  140         (2) Following notification by the Auditor General, the
  141  Department of Financial Services, or the Division of Bond
  142  Finance of the State Board of Administration of the failure of a
  143  local governmental entity, district school board, charter
  144  school, or charter technical career center to comply with the
  145  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
  146  s. 218.38, or s. 218.503(3), the Legislative Auditing Committee
  147  may schedule a hearing to determine if the entity should be
  148  subject to further state action. If the committee determines
  149  that the entity should be subject to further state action, the
  150  committee shall:
  151         (b) In the case of a special district created by:
  152         1. A special act, notify the President of the Senate, the
  153  Speaker of the House of Representatives, the standing committees
  154  of the Senate and the House of Representatives charged with
  155  special district oversight as determined by the presiding
  156  officers of each respective chamber, the legislators who
  157  represent a portion of the geographical jurisdiction of the
  158  special district pursuant to s. 189.034(2) and the Department of
  159  Economic Opportunity that the special district has failed to
  160  comply with the law. Upon receipt of notification, the
  161  Department of Economic Opportunity shall proceed pursuant to s.
  162  189.062 or s. 189.067. If the special district remains in
  163  noncompliance after the process set forth in s. 189.034(3), or
  164  if a public hearing is not held, the Legislative Auditing
  165  Committee may request the department to proceed pursuant to s.
  166  189.067(3) s. 189.4044 or s. 189.421.
  167         2. A local ordinance, notify the chair or equivalent of the
  168  local general-purpose government pursuant to s. 189.035(2) and
  169  the Department of Economic Opportunity that the special district
  170  has failed to comply with the law. Upon receipt of notification,
  171  the department shall proceed pursuant to s. 189.062 or s.
  172  189.067. If the special district remains in noncompliance after
  173  the process set forth in s. 189.034(3), or if a public hearing
  174  is not held, the Legislative Auditing Committee may request the
  175  department to proceed pursuant to s. 189.067(3).
  176         3. Any manner other than a special act or local ordinance,
  177  notify the Department of Economic Opportunity that the special
  178  district has failed to comply with the law. Upon receipt of
  179  notification, the department shall proceed pursuant to s.
  180  189.062 or s. 189.067(3).
  181         Section 3. Subsection (2) of section 112.312, Florida
  182  Statutes, is amended to read:
  183         112.312 Definitions.—As used in this part and for purposes
  184  of the provisions of s. 8, Art. II of the State Constitution,
  185  unless the context otherwise requires:
  186         (2) “Agency” means any state, regional, county, local, or
  187  municipal government entity of this state, whether executive,
  188  judicial, or legislative; any department, division, bureau,
  189  commission, authority, or political subdivision of this state
  190  therein; or any public school, community college, or state
  191  university; or any special district as defined in s. 189.012.
  192         Section 4. Section 112.511, Florida Statutes, is created to
  193  read:
  194         112.511 Members of special district governing bodies;
  195  suspension; removal from office.—
  196         (1) A member of the governing body of a special district,
  197  as defined in s. 189.012, who exercises the powers and duties of
  198  a state or a county officer, is subject to the Governor’s power
  199  under s. 7(a), Art. IV of the State Constitution to suspend such
  200  officers.
  201         (2) A member of the governing body of a special district,
  202  as defined in s. 189.012, who exercises powers and duties other
  203  than that of a state or county officer, is subject to the
  204  suspension and removal procedures under s. 112.51.
  205         Section 5. Subsections (1), (4), and (6) of section
  206  125.901, Florida Statutes, are amended to read:
  207         125.901 Children’s services; independent special district;
  208  council; powers, duties, and functions; public records
  209  exemption.—
  210         (1) Each county may by ordinance create an independent
  211  special district, as defined in ss. 189.012 189.403(3) and
  212  200.001(8)(e), to provide funding for children’s services
  213  throughout the county in accordance with this section. The
  214  boundaries of such district shall be coterminous with the
  215  boundaries of the county. The county governing body shall obtain
  216  approval, by a majority vote of those electors voting on the
  217  question, to annually levy ad valorem taxes which shall not
  218  exceed the maximum millage rate authorized by this section. Any
  219  district created pursuant to the provisions of this subsection
  220  shall be required to levy and fix millage subject to the
  221  provisions of s. 200.065. Once such millage is approved by the
  222  electorate, the district shall not be required to seek approval
  223  of the electorate in future years to levy the previously
  224  approved millage.
  225         (a) The governing body board of the district shall be a
  226  council on children’s services, which may also be known as a
  227  juvenile welfare board or similar name as established in the
  228  ordinance by the county governing body. Such council shall
  229  consist of 10 members, including: the superintendent of schools;
  230  a local school board member; the district administrator from the
  231  appropriate district of the Department of Children and Family
  232  Services, or his or her designee who is a member of the Senior
  233  Management Service or of the Selected Exempt Service; one member
  234  of the county governing body; and the judge assigned to juvenile
  235  cases who shall sit as a voting member of the board, except that
  236  said judge shall not vote or participate in the setting of ad
  237  valorem taxes under this section. If there is more than one
  238  judge assigned to juvenile cases in a county, the chief judge
  239  shall designate one of said juvenile judges to serve on the
  240  board. The remaining five members shall be appointed by the
  241  Governor, and shall, to the extent possible, represent the
  242  demographic diversity of the population of the county. After
  243  soliciting recommendations from the public, the county governing
  244  body shall submit to the Governor the names of at least three
  245  persons for each vacancy occurring among the five members
  246  appointed by the Governor, and the Governor shall appoint
  247  members to the council from the candidates nominated by the
  248  county governing body. The Governor shall make a selection
  249  within a 45-day period or request a new list of candidates. All
  250  members appointed by the Governor shall have been residents of
  251  the county for the previous 24-month period. Such members shall
  252  be appointed for 4-year terms, except that the length of the
  253  terms of the initial appointees shall be adjusted to stagger the
  254  terms. The Governor may remove a member for cause or upon the
  255  written petition of the county governing body. If any of the
  256  members of the council required to be appointed by the Governor
  257  under the provisions of this subsection shall resign, die, or be
  258  removed from office, the vacancy thereby created shall, as soon
  259  as practicable, be filled by appointment by the Governor, using
  260  the same method as the original appointment, and such
  261  appointment to fill a vacancy shall be for the unexpired term of
  262  the person who resigns, dies, or is removed from office.
  263         (b) However, any county as defined in s. 125.011(1) may
  264  instead have a governing body board consisting of 33 members,
  265  including: the superintendent of schools; two representatives of
  266  public postsecondary education institutions located in the
  267  county; the county manager or the equivalent county officer; the
  268  district administrator from the appropriate district of the
  269  Department of Children and Family Services, or the
  270  administrator’s designee who is a member of the Senior
  271  Management Service or the Selected Exempt Service; the director
  272  of the county health department or the director’s designee; the
  273  state attorney for the county or the state attorney’s designee;
  274  the chief judge assigned to juvenile cases, or another juvenile
  275  judge who is the chief judge’s designee and who shall sit as a
  276  voting member of the board, except that the judge may not vote
  277  or participate in setting ad valorem taxes under this section;
  278  an individual who is selected by the board of the local United
  279  Way or its equivalent; a member of a locally recognized faith
  280  based coalition, selected by that coalition; a member of the
  281  local chamber of commerce, selected by that chamber or, if more
  282  than one chamber exists within the county, a person selected by
  283  a coalition of the local chambers; a member of the early
  284  learning coalition, selected by that coalition; a representative
  285  of a labor organization or union active in the county; a member
  286  of a local alliance or coalition engaged in cross-system
  287  planning for health and social service delivery in the county,
  288  selected by that alliance or coalition; a member of the local
  289  Parent-Teachers Association/Parent-Teacher-Student Association,
  290  selected by that association; a youth representative selected by
  291  the local school system’s student government; a local school
  292  board member appointed by the chair of the school board; the
  293  mayor of the county or the mayor’s designee; one member of the
  294  county governing body, appointed by the chair of that body; a
  295  member of the state Legislature who represents residents of the
  296  county, selected by the chair of the local legislative
  297  delegation; an elected official representing the residents of a
  298  municipality in the county, selected by the county municipal
  299  league; and 4 members-at-large, appointed to the council by the
  300  majority of sitting council members. The remaining 7 members
  301  shall be appointed by the Governor in accordance with procedures
  302  set forth in paragraph (a), except that the Governor may remove
  303  a member for cause or upon the written petition of the council.
  304  Appointments by the Governor must, to the extent reasonably
  305  possible, represent the geographic and demographic diversity of
  306  the population of the county. Members who are appointed to the
  307  council by reason of their position are not subject to the
  308  length of terms and limits on consecutive terms as provided in
  309  this section. The remaining appointed members of the governing
  310  body board shall be appointed to serve 2-year terms, except that
  311  those members appointed by the Governor shall be appointed to
  312  serve 4-year terms, and the youth representative and the
  313  legislative delegate shall be appointed to serve 1-year terms. A
  314  member may be reappointed; however, a member may not serve for
  315  more than three consecutive terms. A member is eligible to be
  316  appointed again after a 2-year hiatus from the council.
  317         (c) This subsection does not prohibit a county from
  318  exercising such power as is provided by general or special law
  319  to provide children’s services or to create a special district
  320  to provide such services.
  321         (4)(a) Any district created pursuant to this section may be
  322  dissolved by a special act of the Legislature, or the county
  323  governing body may by ordinance dissolve the district subject to
  324  the approval of the electorate.
  325         (b)1.a. Notwithstanding paragraph (a), the governing body
  326  of the county shall submit the question of retention or
  327  dissolution of a district with voter-approved taxing authority
  328  to the electorate in the general election according to the
  329  following schedule:
  330         (I) For a district in existence on July 1, 2010, and
  331  serving a county with a population of 400,000 or fewer persons
  332  as of that date............................................2014.
  333         (II) For a district in existence on July 1, 2010, and
  334  serving a county with a population of more than 400,000 but
  335  fewer than 2 million persons as of
  336  that date..................................................2016.
  337         (III) For a district in existence on July 1, 2010, and
  338  serving a county with a population of 2 million or more persons
  339  as of that date............................................2020.
  340         b. A referendum by the electorate on or after July 1, 2010,
  341  creating a new district with taxing authority may specify that
  342  the district is not subject to reauthorization or may specify
  343  the number of years for which the initial authorization shall
  344  remain effective. If the referendum does not prescribe terms of
  345  reauthorization, the governing body of the county shall submit
  346  the question of retention or dissolution of the district to the
  347  electorate in the general election 12 years after the initial
  348  authorization.
  349         2. The governing body board of the district may specify,
  350  and submit to the governing body of the county no later than 9
  351  months before the scheduled election, that the district is not
  352  subsequently subject to reauthorization or may specify the
  353  number of years for which a reauthorization under this paragraph
  354  shall remain effective. If the governing body board of the
  355  district makes such specification and submission, the governing
  356  body of the county shall include that information in the
  357  question submitted to the electorate. If the governing body
  358  board of the district does not specify and submit such
  359  information, the governing body of the county shall resubmit the
  360  question of reauthorization to the electorate every 12 years
  361  after the year prescribed in subparagraph 1. The governing body
  362  board of the district may recommend to the governing body of the
  363  county language for the question submitted to the electorate.
  364         3. Nothing in this paragraph limits the authority to
  365  dissolve a district as provided under paragraph (a).
  366         4. Nothing in this paragraph precludes the governing body
  367  board of a district from requesting that the governing body of
  368  the county submit the question of retention or dissolution of a
  369  district with voter-approved taxing authority to the electorate
  370  at a date earlier than the year prescribed in subparagraph 1. If
  371  the governing body of the county accepts the request and submits
  372  the question to the electorate, the governing body satisfies the
  373  requirement of that subparagraph.
  374  
  375  If any district is dissolved pursuant to this subsection, each
  376  county must first obligate itself to assume the debts,
  377  liabilities, contracts, and outstanding obligations of the
  378  district within the total millage available to the county
  379  governing body for all county and municipal purposes as provided
  380  for under s. 9, Art. VII of the State Constitution. Any district
  381  may also be dissolved pursuant to s. part VII of chapter 189
  382  189.4042.
  383         (6) Any district created pursuant to the provisions of this
  384  section shall comply with all other statutory requirements of
  385  general application which relate to the filing of any financial
  386  reports or compliance reports required under part III of chapter
  387  218, or any other report or documentation required by law,
  388  including the requirements of ss. 189.08, 189.015, and 189.016
  389  189.415, 189.417, and 189.418.
  390         Section 6. Section 189.401, Florida Statutes, is
  391  transferred, renumbered as section 189.01, Florida Statutes, and
  392  amended to read:
  393         189.01 189.401 Short title.—This chapter may be cited as
  394  the “Uniform Special District Accountability Act of 1989.”
  395         Section 7. Subsections (1), (6), and (7) of section
  396  189.402, Florida Statutes, are transferred and renumbered as
  397  subsections (1), (2), and (3), respectively, of section 189.011,
  398  Florida Statutes, and present subsection (6) of that section is
  399  amended, to read:
  400         189.011 189.402 Statement of legislative purpose and
  401  intent.—
  402         (2)(6) The Legislature finds that special districts serve a
  403  necessary and useful function by providing services to residents
  404  and property in the state. The Legislature finds further that
  405  special districts operate to serve a public purpose and that
  406  this is best secured by certain minimum standards of
  407  accountability designed to inform the public and appropriate
  408  local general-purpose local governments of the status and
  409  activities of special districts. It is the intent of the
  410  Legislature that this public trust be secured by requiring each
  411  independent special district in the state to register and report
  412  its financial and other activities. The Legislature further
  413  finds that failure of an independent special district to comply
  414  with the minimum disclosure requirements set forth in this
  415  chapter may result in action against officers of such district
  416  body board.
  417         Section 8. Subsection (2) of section 189.402, Florida
  418  Statutes, is transferred, renumbered as section 189.06, Florida
  419  Statutes, and amended to read:
  420         189.06 189.402Legislative intent; centralized location
  421  Statement of legislative purpose and intent.—
  422         (2) It is the intent of the Legislature through the
  423  adoption of this chapter to have one centralized location for
  424  all legislation governing special districts and to:
  425         (1)(a) Improve the enforcement of statutes currently in
  426  place that help ensure the accountability of special districts
  427  to state and local governments.
  428         (2)(b) Improve communication and coordination between state
  429  agencies with respect to required special district reporting and
  430  state monitoring.
  431         (3)(c) Improve communication and coordination between
  432  special districts and other local entities with respect to ad
  433  valorem taxation, non-ad valorem assessment collection, special
  434  district elections, and local government comprehensive planning.
  435         (4)(d) Move toward greater uniformity in special district
  436  elections and non-ad valorem assessment collection procedures at
  437  the local level without hampering the efficiency and
  438  effectiveness of the current procedures.
  439         (5)(e) Clarify special district definitions and creation
  440  methods in order to ensure consistent application of those
  441  definitions and creation methods across all levels of
  442  government.
  443         (6)(f) Specify in general law the essential components of
  444  any new type of special district.
  445         (7)(g) Specify in general law the essential components of a
  446  charter for a new special district.
  447         (8)(h) Encourage the creation of municipal service taxing
  448  units and municipal service benefit units for providing
  449  municipal services in unincorporated areas of each county.
  450         Section 9. Subsections (3), (4), (5), and (8) of section
  451  189.402, Florida Statutes, are transferred, renumbered as
  452  subsections (1), (2), (3), and (4), respectively, of section
  453  189.03, Florida Statutes, and amended to read:
  454         189.03 189.402 Statement of legislative purpose and intent;
  455  independent special districts.—
  456         (1)(3) The Legislature finds that:
  457         (a) There is a need for uniform, focused, and fair
  458  procedures in state law to provide a reasonable alternative for
  459  the establishment, powers, operation, and duration of
  460  independent special districts to manage and finance basic
  461  capital infrastructure, facilities, and services; and that,
  462  based upon a proper and fair determination of applicable facts,
  463  an independent special district can constitute a timely,
  464  efficient, effective, responsive, and economic way to deliver
  465  these basic services, thereby providing a means of solving the
  466  state’s planning, management, and financing needs for delivery
  467  of capital infrastructure, facilities, and services in order to
  468  provide for projected growth without overburdening other
  469  governments and their taxpayers.
  470         (b) It is in the public interest that any independent
  471  special district created pursuant to state law not outlive its
  472  usefulness and that the operation of such a district and the
  473  exercise by the district of its powers be consistent with
  474  applicable due process, disclosure, accountability, ethics, and
  475  government-in-the-sunshine requirements which apply both to
  476  governmental entities and to their elected and appointed
  477  officials.
  478         (c) It is in the public interest that long-range planning,
  479  management, and financing and long-term maintenance, upkeep, and
  480  operation of basic services by independent special districts be
  481  uniform.
  482         (2)(4) It is the policy of this state:
  483         (a) That independent special districts may be used are a
  484  legitimate alternative method available for use by the private
  485  and public sectors, as authorized by state law, to manage, own,
  486  operate, construct, and finance basic capital infrastructure,
  487  facilities, and services.
  488         (b) That the exercise by any independent special district
  489  of its powers, as set forth by uniform general law comply with
  490  all applicable governmental comprehensive planning laws, rules,
  491  and regulations.
  492         (3)(5) It is the legislative intent and purpose, based
  493  upon, and consistent with, its findings of fact and declarations
  494  of policy, to authorize a uniform procedure by general law to
  495  create an independent special district, as an alternative method
  496  to manage and finance basic capital infrastructure, facilities,
  497  and services. It is further the legislative intent and purpose
  498  to provide by general law for the uniform operation, exercise of
  499  power, and procedure for termination of any such independent
  500  special district.
  501         (4)(8) The Legislature finds and declares that:
  502         (a) Growth and development issues transcend the boundaries
  503  and responsibilities of individual units of government, and
  504  often no single unit of government can plan or implement
  505  policies to deal with these issues without affecting other units
  506  of government.
  507         (b) The provision of capital infrastructure, facilities,
  508  and services for the preservation and enhancement of the quality
  509  of life of the people of this state may require the creation of
  510  multicounty and multijurisdictional districts.
  511         Section 10. Section 189.403, Florida Statutes, is
  512  transferred, renumbered as section 189.012, Florida Statutes,
  513  reordered, and amended to read:
  514         189.012 189.403 Definitions.—As used in this chapter, the
  515  term:
  516         (6)(1) “Special district” means a local unit of local
  517  government created for a of special purpose, as opposed to a
  518  general purpose general-purpose, which has jurisdiction to
  519  operate government within a limited geographic boundary and is,
  520  created by general law, special act, local ordinance, or by rule
  521  of the Governor and Cabinet. The special purpose or purposes of
  522  special districts are implemented by specialized functions and
  523  related prescribed powers. For the purpose of s. 196.199(1),
  524  special districts shall be treated as municipalities. The term
  525  does not include a school district, a community college
  526  district, a special improvement district created pursuant to s.
  527  285.17, a municipal service taxing or benefit unit as specified
  528  in s. 125.01, or a board which provides electrical service and
  529  which is a political subdivision of a municipality or is part of
  530  a municipality.
  531         (2) “Dependent special district” means a special district
  532  that meets at least one of the following criteria:
  533         (a) The membership of its governing body is identical to
  534  that of the governing body of a single county or a single
  535  municipality.
  536         (b) All members of its governing body are appointed by the
  537  governing body of a single county or a single municipality.
  538         (c) During their unexpired terms, members of the special
  539  district’s governing body are subject to removal at will by the
  540  governing body of a single county or a single municipality.
  541         (d) The district has a budget that requires approval
  542  through an affirmative vote or can be vetoed by the governing
  543  body of a single county or a single municipality.
  544  
  545  This subsection is for purposes of definition only. Nothing in
  546  this subsection confers additional authority upon local
  547  governments not otherwise authorized by the provisions of the
  548  special acts or general acts of local application creating each
  549  special district, as amended.
  550         (3) “Independent special district” means a special district
  551  that is not a dependent special district as defined in
  552  subsection (2). A district that includes more than one county is
  553  an independent special district unless the district lies wholly
  554  within the boundaries of a single municipality.
  555         (1)(4) “Department” means the Department of Economic
  556  Opportunity.
  557         (4)(5) “Local governing authority” means the governing body
  558  of a unit of local general-purpose government. However, if the
  559  special district is a political subdivision of a municipality,
  560  “local governing authority” means the municipality.
  561         (7)(6) “Water management district” for purposes of this
  562  chapter means a special taxing district which is a regional
  563  water management district created and operated pursuant to
  564  chapter 373 or chapter 61-691, Laws of Florida, or a flood
  565  control district created and operated pursuant to chapter 25270,
  566  Laws of Florida, 1949, as modified by s. 373.149.
  567         (5)(7) “Public facilities” means major capital
  568  improvements, including, but not limited to, transportation
  569  facilities, sanitary sewer facilities, solid waste facilities,
  570  water management and control facilities, potable water
  571  facilities, alternative water systems, educational facilities,
  572  parks and recreational facilities, health systems and
  573  facilities, and, except for spoil disposal by those ports listed
  574  in s. 311.09(1), spoil disposal sites for maintenance dredging
  575  in waters of the state.
  576         Section 11. Subsection (1) of section 189.4031, Florida
  577  Statutes, is transferred and renumbered as section 189.013,
  578  Florida Statutes, and the catchline of that section shall read:
  579  “Special districts; creation, dissolution, and reporting
  580  requirements.”
  581         Section 12. Subsection (2) of section 189.4031, Florida
  582  Statutes, is transferred, renumbered as section 189.0311,
  583  Florida Statutes, and amended to read:
  584         189.0311 189.4031Independent special districts Special
  585  districts; creation, dissolution, and reporting requirements;
  586  charter requirements.—
  587         (2) Notwithstanding any general law, special act, or
  588  ordinance of a local government to the contrary, any independent
  589  special district charter enacted after September 30, 1989, the
  590  effective date of this section shall contain the information
  591  required by s. 189.031(3) 189.404(3). Recognizing that the
  592  exclusive charter for a community development district is the
  593  statutory charter contained in ss. 190.006-190.041, community
  594  development districts established after July 1, 1980, pursuant
  595  to the provisions of chapter 190 shall be deemed in compliance
  596  with this requirement.
  597         Section 13. Section 189.4035, Florida Statutes, is
  598  transferred and renumbered as section 189.061, Florida Statutes,
  599  and subsections (1), (5), and (6) of that section are amended,
  600  to read:
  601         189.061 189.4035Preparation of Official list of special
  602  districts.—
  603         (1) The department of Economic Opportunity shall maintain
  604  compile the official list of special districts. The official
  605  list of special districts shall include all special districts in
  606  this state and shall indicate the independent or dependent
  607  status of each district. All special districts on in the list
  608  shall be sorted by county. The definitions in s. 189.012 189.403
  609  shall be the criteria for determination of the independent or
  610  dependent status of each special district on the official list.
  611  The status of community development districts shall be
  612  independent on the official list of special districts.
  613         (5) The official list of special districts shall be
  614  available on the department’s website and must include a link to
  615  the website of each special district that provides web-based
  616  access to the public of the information and documentation
  617  required under s. 189.069.
  618         (6) Preparation of The official list of special districts
  619  or the determination of status does not constitute final agency
  620  action pursuant to chapter 120. If the status of a special
  621  district on the official list is inconsistent with the status
  622  submitted by the district, the district may request the
  623  department to issue a declaratory statement setting forth the
  624  requirements necessary to resolve the inconsistency. If
  625  necessary, upon issuance of a declaratory statement by the
  626  department which is not appealed pursuant to chapter 120, the
  627  governing body board of any special district receiving such a
  628  declaratory statement shall apply to the entity which originally
  629  established the district for an amendment to its charter
  630  correcting the specified defects in its original charter. This
  631  amendment shall be for the sole purpose of resolving
  632  inconsistencies between a district charter and the status of a
  633  district as it appears on the official list. Such application
  634  shall occur as follows:
  635         (a) In the event a special district was created by a local
  636  general-purpose government or state agency and applies for an
  637  amendment to its charter to confirm its independence, said
  638  application shall be granted as a matter of right. If
  639  application by an independent district is not made within 6
  640  months of rendition of a declaratory statement, the district
  641  shall be deemed dependent and become a political subdivision of
  642  the governing body which originally established it by operation
  643  of law.
  644         (b) If the Legislature created a special district, the
  645  district shall request, by resolution, an amendment to its
  646  charter by the Legislature. Failure to apply to the Legislature
  647  for an amendment to its charter during the next regular
  648  legislative session following rendition of a declaratory
  649  statement or failure of the Legislature to pass a special act
  650  shall render the district dependent.
  651         Section 14. Section 189.404, Florida Statutes, is
  652  transferred and renumbered as section 189.031, Florida Statutes,
  653  and amended, to read:
  654         189.031 189.404 Legislative intent for the creation of
  655  independent special districts; special act prohibitions; model
  656  elements and other requirements; local general-purpose local
  657  government/Governor and Cabinet creation authorizations.—
  658         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  659  that, after September 30, 1989, at a minimum, the requirements
  660  of subsection (3) must be satisfied when an independent special
  661  district is created.
  662         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  663  III of the State Constitution, the Legislature hereby prohibits
  664  special laws or general laws of local application which:
  665         (a) Create independent special districts that do not, at a
  666  minimum, conform to the minimum requirements in subsection (3);
  667         (b) Exempt independent special district elections from the
  668  appropriate requirements in s. 189.04 189.405;
  669         (c) Exempt an independent special district from the
  670  requirements for bond referenda in s. 189.042 189.408;
  671         (d) Exempt an independent special district from the
  672  reporting, notice, or public meetings requirements of s.
  673  189.051, s. 189.08, s. 189.015, or s. 189.016 189.4085, s.
  674  189.415, s. 189.417, or s. 189.418;
  675         (e) Create an independent special district for which a
  676  statement has not been submitted to the Legislature that
  677  documents the following:
  678         1. The purpose of the proposed district;
  679         2. The authority of the proposed district;
  680         3. An explanation of why the district is the best
  681  alternative; and
  682         4. A resolution or official statement of the governing body
  683  or an appropriate administrator of the local jurisdiction within
  684  which the proposed district is located stating that the creation
  685  of the proposed district is consistent with the approved local
  686  government plans of the local governing body and that the local
  687  government has no objection to the creation of the proposed
  688  district.
  689         (3) MINIMUM REQUIREMENTS.—General laws or special acts that
  690  create or authorize the creation of independent special
  691  districts and are enacted after September 30, 1989, must address
  692  and require the following in their charters:
  693         (a) The purpose of the district.
  694         (b) The powers, functions, and duties of the district
  695  regarding ad valorem taxation, bond issuance, other revenue
  696  raising capabilities, budget preparation and approval, liens and
  697  foreclosure of liens, use of tax deeds and tax certificates as
  698  appropriate for non-ad valorem assessments, and contractual
  699  agreements.
  700         (c) The methods for establishing the district.
  701         (d) The method for amending the charter of the district.
  702         (e) The membership and organization of the governing body
  703  board of the district. If a district created after September 30,
  704  1989, uses a one-acre/one-vote election principle, it shall
  705  provide for a governing body board consisting of five members.
  706  Three members shall constitute a quorum.
  707         (f) The maximum compensation of a governing body board
  708  member.
  709         (g) The administrative duties of the governing body board
  710  of the district.
  711         (h) The applicable financial disclosure, noticing, and
  712  reporting requirements.
  713         (i) If a district has authority to issue bonds, the
  714  procedures and requirements for issuing bonds.
  715         (j) The procedures for conducting any district elections or
  716  referenda required and the qualifications of an elector of the
  717  district.
  718         (k) The methods for financing the district.
  719         (l) If an independent special district has the authority to
  720  levy ad valorem taxes, other than taxes levied for the payment
  721  of bonds and taxes levied for periods not longer than 2 years
  722  when authorized by vote of the electors of the district, the
  723  millage rate that is authorized.
  724         (m) The method or methods for collecting non-ad valorem
  725  assessments, fees, or service charges.
  726         (n) Planning requirements.
  727         (o) Geographic boundary limitations.
  728         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
  729  AUTHORIZATIONS.—Except as otherwise authorized by general law,
  730  only the Legislature may create independent special districts.
  731         (a) A municipality may create an independent special
  732  district which shall be established by ordinance in accordance
  733  with s. 190.005, or as otherwise authorized in general law.
  734         (b) A county may create an independent special district
  735  which shall be adopted by a charter in accordance with s.
  736  125.901 or s. 154.331 or chapter 155, or which shall be
  737  established by ordinance in accordance with s. 190.005, or as
  738  otherwise authorized by general law.
  739         (c) The Governor and Cabinet may create an independent
  740  special district which shall be established by rule in
  741  accordance with s. 190.005 or as otherwise authorized in general
  742  law. The Governor and Cabinet may also approve the establishment
  743  of a charter for the creation of an independent special district
  744  which shall be in accordance with s. 373.713, or as otherwise
  745  authorized in general law.
  746         (d)1. Any combination of two or more counties may create a
  747  regional special district which shall be established in
  748  accordance with s. 950.001, or as otherwise authorized in
  749  general law.
  750         2. Any combination of two or more counties or
  751  municipalities may create a regional special district which
  752  shall be established in accordance with s. 373.713, or as
  753  otherwise authorized by general law.
  754         3. Any combination of two or more counties, municipalities,
  755  or other political subdivisions may create a regional special
  756  district in accordance with s. 163.567, or as otherwise
  757  authorized in general law.
  758         (5) STATUS STATEMENT.—After October 1, 1997, the charter of
  759  any newly created special district shall contain and, as
  760  practical, the charter of a preexisting special district shall
  761  be amended to contain, a reference to the status of the special
  762  district as dependent or independent. When necessary, the status
  763  statement shall be amended to conform with the department’s
  764  determination or declaratory statement regarding the status of
  765  the district.
  766         Section 15. Section 189.40401, Florida Statutes, is
  767  transferred and renumbered as section 189.033, Florida Statutes.
  768         Section 16. Section 189.4041, Florida Statutes, is
  769  transferred and renumbered as section 189.02, Florida Statutes,
  770  and paragraph (e) of subsection (4) of that section is amended,
  771  to read:
  772         189.02 189.4041 Dependent special districts.—
  773         (4) Dependent special districts created by a county or
  774  municipality shall be created by adoption of an ordinance that
  775  includes:
  776         (e) The membership, organization, compensation, and
  777  administrative duties of the governing body board.
  778         Section 17. Subsection (1) of section 189.4042, Florida
  779  Statutes, is transferred, renumbered as section 189.07, Florida
  780  Statutes, and amended to read:
  781         189.07 189.4042Definitions Merger and dissolution
  782  procedures.—
  783         (1) DEFINITIONS.—As used in this part section, the term:
  784         (1)(a) “Component independent special district” means an
  785  independent special district that proposes to be merged into a
  786  merged independent district, or an independent special district
  787  as it existed before its merger into the merged independent
  788  district of which it is now a part.
  789         (2)(b) “Elector-initiated merger plan” means the merger
  790  plan of two or more independent special districts, a majority of
  791  whose qualified electors have elected to merge, which outlines
  792  the terms and agreements for the official merger of the
  793  districts and is finalized and approved by the governing bodies
  794  of the districts pursuant to this part section.
  795         (3)(c) “Governing body” means the governing body of the
  796  independent special district in which the general legislative,
  797  governmental, or public powers of the district are vested and by
  798  authority of which the official business of the district is
  799  conducted.
  800         (4)(d) “Initiative” means the filing of a petition
  801  containing a proposal for a referendum to be placed on the
  802  ballot for election.
  803         (5)(e) “Joint merger plan” means the merger plan that is
  804  adopted by resolution of the governing bodies of two or more
  805  independent special districts that outlines the terms and
  806  agreements for the official merger of the districts and that is
  807  finalized and approved by the governing bodies pursuant to this
  808  part section.
  809         (6)(f) “Merged independent district” means a single
  810  independent special district that results from a successful
  811  merger of two or more independent special districts pursuant to
  812  this part section.
  813         (7)(g) “Merger” means the combination of two or more
  814  contiguous independent special districts resulting in a newly
  815  created merged independent district that assumes jurisdiction
  816  over all of the component independent special districts.
  817         (8)(h) “Merger plan” means a written document that contains
  818  the terms, agreements, and information regarding the merger of
  819  two or more independent special districts.
  820         (9)(i) “Proposed elector-initiated merger plan” means a
  821  written document that contains the terms and information
  822  regarding the merger of two or more independent special
  823  districts and that accompanies the petition initiated by the
  824  qualified electors of the districts but that is not yet
  825  finalized and approved by the governing bodies of each component
  826  independent special district pursuant to this part section.
  827         (10)(j) “Proposed joint merger plan” means a written
  828  document that contains the terms and information regarding the
  829  merger of two or more independent special districts and that has
  830  been prepared pursuant to a resolution of the governing bodies
  831  of the districts but that is not yet finalized and approved by
  832  the governing bodies of each component independent special
  833  district pursuant to this part section.
  834         (11)(k) “Qualified elector” means an individual at least 18
  835  years of age who is a citizen of the United States, a permanent
  836  resident of this state, and a resident of the district who
  837  registers with the supervisor of elections of a county within
  838  which the district lands are located when the registration books
  839  are open.
  840         Section 18. Subsection (2) of section 189.4042, Florida
  841  Statutes, is transferred, renumbered as section 189.071, Florida
  842  Statutes, and amended to read:
  843         189.071 189.4042 Merger or and dissolution of a dependent
  844  special district procedures.—
  845         (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
  846         (1)(a) The merger or dissolution of a dependent special
  847  district may be effectuated by an ordinance of the local
  848  general-purpose local governmental entity wherein the
  849  geographical area of the district or districts is located.
  850  However, a county may not dissolve a special district that is
  851  dependent to a municipality or vice versa, or a dependent
  852  district created by special act.
  853         (2)(b) The merger or dissolution of a dependent special
  854  district created and operating pursuant to a special act may be
  855  effectuated only by further act of the Legislature unless
  856  otherwise provided by general law.
  857         (3)(c) A dependent special district that meets any criteria
  858  for being declared inactive, or that has already been declared
  859  inactive, pursuant to s. 189.062 189.4044 may be dissolved or
  860  merged by special act without a referendum.
  861         (4)(d) A copy of any ordinance and of any changes to a
  862  charter affecting the status or boundaries of one or more
  863  special districts shall be filed with the Special District
  864  Accountability Information Program within 30 days after such
  865  activity.
  866         Section 19. Subsection (3) of section 189.4042, Florida
  867  Statutes, is transferred, renumbered as section 189.072, Florida
  868  Statutes, and amended to read:
  869         189.072 189.4042Dissolution of an independent special
  870  district Merger and dissolution procedures.—
  871         (3) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.—
  872         (1)(a) VOLUNTARY DISSOLUTION.—If the governing body board
  873  of an independent special district created and operating
  874  pursuant to a special act elects, by a majority vote plus one,
  875  to dissolve the district, the voluntary dissolution of an
  876  independent special district created and operating pursuant to a
  877  special act may be effectuated only by the Legislature unless
  878  otherwise provided by general law.
  879         (2)(b) OTHER DISSOLUTIONS.—
  880         (a)1. In order for the Legislature to dissolve an active
  881  independent special district created and operating pursuant to a
  882  special act, the special act dissolving the active independent
  883  special district must be approved by a majority of the resident
  884  electors of the district or, for districts in which a majority
  885  of governing body board members are elected by landowners, a
  886  majority of the landowners voting in the same manner by which
  887  the independent special district’s governing body is elected. If
  888  a local general-purpose government passes an ordinance or
  889  resolution in support of the dissolution, the local general
  890  purpose government must pay any expenses associated with the
  891  referendum required under this paragraph subparagraph.
  892         (b)2. If an independent special district was created by a
  893  county or municipality by referendum or any other procedure, the
  894  county or municipality that created the district may dissolve
  895  the district pursuant to a referendum or any other procedure by
  896  which the independent special district was created. However, if
  897  the independent special district has ad valorem taxation powers,
  898  the same procedure required to grant the independent special
  899  district ad valorem taxation powers is required to dissolve the
  900  district.
  901         (3)(c) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
  902  independent special district that meets any criteria for being
  903  declared inactive, or that has already been declared inactive,
  904  pursuant to s. 189.062 189.4044 may be dissolved by special act
  905  without a referendum. If an inactive independent special
  906  district was created by a county or municipality through a
  907  referendum, the county or municipality that created the district
  908  may dissolve the district after publishing notice as described
  909  in s. 189.062 189.4044.
  910         (4)(d) DEBTS AND ASSETS.—Financial allocations of the
  911  assets and indebtedness of a dissolved independent special
  912  district shall be pursuant to s. 189.076 189.4045.
  913         Section 20. Subsection (4) of section 189.4042, Florida
  914  Statutes, is transferred, renumbered as section 189.073, Florida
  915  Statutes, and amended to read:
  916         189.073 189.4042Legislative merger of independent special
  917  districts Merger and dissolution procedures.—
  918         (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
  919  The Legislature, by special act, may merge independent special
  920  districts created and operating pursuant to special act.
  921         Section 21. Subsection (5) of section 189.4042, Florida
  922  Statutes, is transferred, renumbered as section 189.074, Florida
  923  Statutes, and amended to read:
  924         189.074 189.4042Voluntary merger of independent special
  925  districts Merger and dissolution procedures.—
  926         (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
  927  or more contiguous independent special districts created by
  928  special act which have similar functions and elected governing
  929  bodies may elect to merge into a single independent district
  930  through the act of merging the component independent special
  931  districts.
  932         (1)(a) INITIATION.—Merger proceedings may commence by:
  933         (a)1. A joint resolution of the governing bodies of each
  934  independent special district which endorses a proposed joint
  935  merger plan; or
  936         (b)2. A qualified elector initiative.
  937         (2)(b) JOINT MERGER PLAN BY RESOLUTION.—The governing
  938  bodies of two or more contiguous independent special districts
  939  may, by joint resolution, endorse a proposed joint merger plan
  940  to commence proceedings to merge the districts pursuant to this
  941  section subsection.
  942         (a)1. The proposed joint merger plan must specify:
  943         1.a. The name of each component independent special
  944  district to be merged;
  945         2.b. The name of the proposed merged independent district;
  946         3.c. The rights, duties, and obligations of the proposed
  947  merged independent district;
  948         4.d. The territorial boundaries of the proposed merged
  949  independent district;
  950         5.e. The governmental organization of the proposed merged
  951  independent district insofar as it concerns elected and
  952  appointed officials and public employees, along with a
  953  transitional plan and schedule for elections and appointments of
  954  officials;
  955         6.f. A fiscal estimate of the potential cost or savings as
  956  a result of the merger;
  957         7.g. Each component independent special district’s assets,
  958  including, but not limited to, real and personal property, and
  959  the current value thereof;
  960         8.h. Each component independent special district’s
  961  liabilities and indebtedness, bonded and otherwise, and the
  962  current value thereof;
  963         9.i. Terms for the assumption and disposition of existing
  964  assets, liabilities, and indebtedness of each component
  965  independent special district jointly, separately, or in defined
  966  proportions;
  967         10.j. Terms for the common administration and uniform
  968  enforcement of existing laws within the proposed merged
  969  independent district;
  970         11.k. The times and places for public hearings on the
  971  proposed joint merger plan;
  972         12.l. The times and places for a referendum in each
  973  component independent special district on the proposed joint
  974  merger plan, along with the referendum language to be presented
  975  for approval; and
  976         13.m. The effective date of the proposed merger.
  977         (b)2. The resolution endorsing the proposed joint merger
  978  plan must be approved by a majority vote of the governing bodies
  979  of each component independent special district and adopted at
  980  least 60 business days before any general or special election on
  981  the proposed joint merger plan.
  982         (c)3. Within 5 business days after the governing bodies
  983  approve the resolution endorsing the proposed joint merger plan,
  984  the governing bodies must:
  985         1.a. Cause a copy of the proposed joint merger plan, along
  986  with a descriptive summary of the plan, to be displayed and be
  987  readily accessible to the public for inspection in at least
  988  three public places within the territorial limits of each
  989  component independent special district, unless a component
  990  independent special district has fewer than three public places,
  991  in which case the plan must be accessible for inspection in all
  992  public places within the component independent special district;
  993         2.b. If applicable, cause the proposed joint merger plan,
  994  along with a descriptive summary of the plan and a reference to
  995  the public places within each component independent special
  996  district where a copy of the merger plan may be examined, to be
  997  displayed on a website maintained by each district or on a
  998  website maintained by the county or municipality in which the
  999  districts are located; and
 1000         3.c. Arrange for a descriptive summary of the proposed
 1001  joint merger plan, and a reference to the public places within
 1002  the district where a copy may be examined, to be published in a
 1003  newspaper of general circulation within the component
 1004  independent special districts at least once each week for 4
 1005  successive weeks.
 1006         (d)4. The governing body of each component independent
 1007  special district shall set a time and place for one or more
 1008  public hearings on the proposed joint merger plan. Each public
 1009  hearing shall be held on a weekday at least 7 business days
 1010  after the day the first advertisement is published on the
 1011  proposed joint merger plan. The hearing or hearings may be held
 1012  jointly or separately by the governing bodies of the component
 1013  independent special districts. Any interested person residing in
 1014  the respective district shall be given a reasonable opportunity
 1015  to be heard on any aspect of the proposed merger at the public
 1016  hearing.
 1017         1.a. Notice of the public hearing addressing the resolution
 1018  for the proposed joint merger plan must be published pursuant to
 1019  the notice requirements in s. 189.015 189.417 and must provide a
 1020  descriptive summary of the proposed joint merger plan and a
 1021  reference to the public places within the component independent
 1022  special districts where a copy of the plan may be examined.
 1023         2.b. After the final public hearing, the governing bodies
 1024  of each component independent special district may amend the
 1025  proposed joint merger plan if the amended version complies with
 1026  the notice and public hearing requirements provided in this
 1027  section subsection. Thereafter, the governing bodies may approve
 1028  a final version of the joint merger plan or decline to proceed
 1029  further with the merger. Approval by the governing bodies of the
 1030  final version of the joint merger plan must occur within 60
 1031  business days after the final hearing.
 1032         (e)5. After the final public hearing, the governing bodies
 1033  shall notify the supervisors of elections of the applicable
 1034  counties in which district lands are located of the adoption of
 1035  the resolution by each governing body. The supervisors of
 1036  elections shall schedule a separate referendum for each
 1037  component independent special district. The referenda may be
 1038  held in each district on the same day, or on different days, but
 1039  no more than 20 days apart.
 1040         1.a. Notice of a referendum on the merger of independent
 1041  special districts must be provided pursuant to the notice
 1042  requirements in s. 100.342. At a minimum, the notice must
 1043  include:
 1044         a.(I) A brief summary of the resolution and joint merger
 1045  plan;
 1046         b.(II) A statement as to where a copy of the resolution and
 1047  joint merger plan may be examined;
 1048         c.(III) The names of the component independent special
 1049  districts to be merged and a description of their territory;
 1050         d.(IV) The times and places at which the referendum will be
 1051  held; and
 1052         e.(V) Such other matters as may be necessary to call,
 1053  provide for, and give notice of the referendum and to provide
 1054  for the conduct thereof and the canvass of the returns.
 1055         2.b. The referenda must be held in accordance with the
 1056  Florida Election Code and may be held pursuant to ss. 101.6101
 1057  101.6107. All costs associated with the referenda shall be borne
 1058  by the respective component independent special district.
 1059         3.c. The ballot question in such referendum placed before
 1060  the qualified electors of each component independent special
 1061  district to be merged must be in substantially the following
 1062  form:
 1063         “Shall ...(name of component independent special
 1064  district)... and ...(name of component independent special
 1065  district or districts)... be merged into ...(name of newly
 1066  merged independent district)...?
 1067  
 1068         ....YES
 1069         ....NO”
 1070  
 1071         4.d. If the component independent special districts
 1072  proposing to merge have disparate millage rates, the ballot
 1073  question in the referendum placed before the qualified electors
 1074  of each component independent special district must be in
 1075  substantially the following form:
 1076  
 1077         “Shall ...(name of component independent special
 1078  district)... and ...(name of component independent special
 1079  district or districts)... be merged into ...(name of newly
 1080  merged independent district)... if the voter-approved maximum
 1081  millage rate within each independent special district will not
 1082  increase absent a subsequent referendum?
 1083  
 1084         ....YES
 1085         ....NO”
 1086  
 1087         5.e. In any referendum held pursuant to this section
 1088  subsection, the ballots shall be counted, returns made and
 1089  canvassed, and results certified in the same manner as other
 1090  elections or referenda for the component independent special
 1091  districts.
 1092         6.f. The merger may not take effect unless a majority of
 1093  the votes cast in each component independent special district
 1094  are in favor of the merger. If one of the component districts
 1095  does not obtain a majority vote, the referendum fails, and
 1096  merger does not take effect.
 1097         7.g. If the merger is approved by a majority of the votes
 1098  cast in each component independent special district, the merged
 1099  independent district is created. Upon approval, the merged
 1100  independent district shall notify the Special District
 1101  Accountability Information Program pursuant to s. 189.016(2)
 1102  189.418(2) and the local general-purpose governments in which
 1103  any part of the component independent special districts is
 1104  situated pursuant to s. 189.016(7) 189.418(7).
 1105         8.h. If the referendum fails, the merger process under this
 1106  subsection paragraph may not be initiated for the same purpose
 1107  within 2 years after the date of the referendum.
 1108         (f)6. Component independent special districts merged
 1109  pursuant to a joint merger plan by resolution shall continue to
 1110  be governed as before the merger until the effective date
 1111  specified in the adopted joint merger plan.
 1112         (3)(c) QUALIFIED ELECTOR-INITIATED MERGER PLAN.—The
 1113  qualified electors of two or more contiguous independent special
 1114  districts may commence a merger proceeding by each filing a
 1115  petition with the governing body of their respective independent
 1116  special district proposing to be merged. The petition must
 1117  contain the signatures of at least 40 percent of the qualified
 1118  electors of each component independent special district and must
 1119  be submitted to the appropriate component independent special
 1120  district governing body no later than 1 year after the start of
 1121  the qualified elector-initiated merger process.
 1122         (a)1. The petition must comply with, and be circulated in,
 1123  the following form:
 1124                            PETITION FOR                           
 1125                 INDEPENDENT SPECIAL DISTRICT MERGER               
 1126         We, the undersigned electors and legal voters of ...(name
 1127  of independent special district)..., qualified to vote at the
 1128  next general or special election, respectfully petition that
 1129  there be submitted to the electors and legal voters of ...(name
 1130  of independent special district or districts proposed to be
 1131  merged)..., for their approval or rejection at a referendum held
 1132  for that purpose, a proposal to merge ...(name of component
 1133  independent special district)... and ...(name of component
 1134  independent special district or districts)....
 1135         In witness thereof, we have signed our names on the date
 1136  indicated next to our signatures.
 1137  
 1138                    Date      Name   Home Address                  
 1139                       (print under signature)                     
 1140  
 1141         .........................................................
 1142  
 1143         .........................................................
 1144  
 1145         (b)2. The petition must be validated by a signed statement
 1146  by a witness who is a duly qualified elector of one of the
 1147  component independent special districts, a notary public, or
 1148  another person authorized to take acknowledgments.
 1149         1.a. A statement that is signed by a witness who is a duly
 1150  qualified elector of the respective district shall be accepted
 1151  for all purposes as the equivalent of an affidavit. Such
 1152  statement must be in substantially the following form:
 1153         “I, ...(name of witness)..., state that I am a duly
 1154  qualified voter of ...(name of independent special district)....
 1155  Each of the ...(insert number)... persons who have signed this
 1156  petition sheet has signed his or her name in my presence on the
 1157  dates indicated above and identified himself or herself to be
 1158  the same person who signed the sheet. I understand that this
 1159  statement will be accepted for all purposes as the equivalent of
 1160  an affidavit and, if it contains a materially false statement,
 1161  shall subject me to the penalties of perjury.”
 1162         Date                                 Signature of Witness
 1163         2.b. A statement that is signed by a notary public or
 1164  another person authorized to take acknowledgments must be in
 1165  substantially the following form:
 1166         “On the date indicated above before me personally came each
 1167  of the ...(insert number)... electors and legal voters whose
 1168  signatures appear on this petition sheet, who signed the
 1169  petition in my presence and who, being by me duly sworn, each
 1170  for himself or herself, identified himself or herself as the
 1171  same person who signed the petition, and I declare that the
 1172  foregoing information they provided was true.”
 1173         Date                                 Signature of Witness
 1174         3.c. An alteration or correction of information appearing
 1175  on a petition’s signature line, other than an uninitialed
 1176  signature and date, does not invalidate such signature. In
 1177  matters of form, this subsection paragraph shall be liberally
 1178  construed, not inconsistent with substantial compliance thereto
 1179  and the prevention of fraud.
 1180         4.d. The appropriately signed petition must be filed with
 1181  the governing body of each component independent special
 1182  district. The petition must be submitted to the supervisors of
 1183  elections of the counties in which the district lands are
 1184  located. The supervisors shall, within 30 business days after
 1185  receipt of the petitions, certify to the governing bodies the
 1186  number of signatures of qualified electors contained on the
 1187  petitions.
 1188         (c)3. Upon verification by the supervisors of elections of
 1189  the counties within which component independent special district
 1190  lands are located that 40 percent of the qualified electors have
 1191  petitioned for merger and that all such petitions have been
 1192  executed within 1 year after the date of the initiation of the
 1193  qualified-elector merger process, the governing bodies of each
 1194  component independent special district shall meet within 30
 1195  business days to prepare and approve by resolution a proposed
 1196  elector-initiated merger plan. The proposed plan must include:
 1197         1.a. The name of each component independent special
 1198  district to be merged;
 1199         2.b. The name of the proposed merged independent district;
 1200         3.c. The rights, duties, and obligations of the merged
 1201  independent district;
 1202         4.d. The territorial boundaries of the proposed merged
 1203  independent district;
 1204         5.e. The governmental organization of the proposed merged
 1205  independent district insofar as it concerns elected and
 1206  appointed officials and public employees, along with a
 1207  transitional plan and schedule for elections and appointments of
 1208  officials;
 1209         6.f. A fiscal estimate of the potential cost or savings as
 1210  a result of the merger;
 1211         7.g. Each component independent special district’s assets,
 1212  including, but not limited to, real and personal property, and
 1213  the current value thereof;
 1214         8.h. Each component independent special district’s
 1215  liabilities and indebtedness, bonded and otherwise, and the
 1216  current value thereof;
 1217         9.i. Terms for the assumption and disposition of existing
 1218  assets, liabilities, and indebtedness of each component
 1219  independent special district, jointly, separately, or in defined
 1220  proportions;
 1221         10.j. Terms for the common administration and uniform
 1222  enforcement of existing laws within the proposed merged
 1223  independent district;
 1224         11.k. The times and places for public hearings on the
 1225  proposed joint merger plan; and
 1226         12.l. The effective date of the proposed merger.
 1227         (d)4. The resolution endorsing the proposed elector
 1228  initiated merger plan must be approved by a majority vote of the
 1229  governing bodies of each component independent special district
 1230  and must be adopted at least 60 business days before any general
 1231  or special election on the proposed elector-initiated plan.
 1232         (e)5. Within 5 business days after the governing bodies of
 1233  each component independent special district approve the proposed
 1234  elector-initiated merger plan, the governing bodies shall:
 1235         1.a. Cause a copy of the proposed elector-initiated merger
 1236  plan, along with a descriptive summary of the plan, to be
 1237  displayed and be readily accessible to the public for inspection
 1238  in at least three public places within the territorial limits of
 1239  each component independent special district, unless a component
 1240  independent special district has fewer than three public places,
 1241  in which case the plan must be accessible for inspection in all
 1242  public places within the component independent special district;
 1243         2.b. If applicable, cause the proposed elector-initiated
 1244  merger plan, along with a descriptive summary of the plan and a
 1245  reference to the public places within each component independent
 1246  special district where a copy of the merger plan may be
 1247  examined, to be displayed on a website maintained by each
 1248  district or otherwise on a website maintained by the county or
 1249  municipality in which the districts are located; and
 1250         3.c. Arrange for a descriptive summary of the proposed
 1251  elector-initiated merger plan, and a reference to the public
 1252  places within the district where a copy may be examined, to be
 1253  published in a newspaper of general circulation within the
 1254  component independent special districts at least once each week
 1255  for 4 successive weeks.
 1256         (f)6. The governing body of each component independent
 1257  special district shall set a time and place for one or more
 1258  public hearings on the proposed elector-initiated merger plan.
 1259  Each public hearing shall be held on a weekday at least 7
 1260  business days after the day the first advertisement is published
 1261  on the proposed elector-initiated merger plan. The hearing or
 1262  hearings may be held jointly or separately by the governing
 1263  bodies of the component independent special districts. Any
 1264  interested person residing in the respective district shall be
 1265  given a reasonable opportunity to be heard on any aspect of the
 1266  proposed merger at the public hearing.
 1267         1.a. Notice of the public hearing on the proposed elector
 1268  initiated merger plan must be published pursuant to the notice
 1269  requirements in s. 189.015 189.417 and must provide a
 1270  descriptive summary of the elector-initiated merger plan and a
 1271  reference to the public places within the component independent
 1272  special districts where a copy of the plan may be examined.
 1273         2.b. After the final public hearing, the governing bodies
 1274  of each component independent special district may amend the
 1275  proposed elector-initiated merger plan if the amended version
 1276  complies with the notice and public hearing requirements
 1277  provided in this section subsection. The governing bodies must
 1278  approve a final version of the merger plan within 60 business
 1279  days after the final hearing.
 1280         (g)7. After the final public hearing, the governing bodies
 1281  shall notify the supervisors of elections of the applicable
 1282  counties in which district lands are located of the adoption of
 1283  the resolution by each governing body. The supervisors of
 1284  elections shall schedule a date for the separate referenda for
 1285  each district. The referenda may be held in each district on the
 1286  same day, or on different days, but no more than 20 days apart.
 1287         1.a. Notice of a referendum on the merger of the component
 1288  independent special districts must be provided pursuant to the
 1289  notice requirements in s. 100.342. At a minimum, the notice must
 1290  include:
 1291         a.(I) A brief summary of the resolution and elector
 1292  initiated merger plan;
 1293         b.(II) A statement as to where a copy of the resolution and
 1294  petition for merger may be examined;
 1295         c.(III) The names of the component independent special
 1296  districts to be merged and a description of their territory;
 1297         d.(IV) The times and places at which the referendum will be
 1298  held; and
 1299         e.(V) Such other matters as may be necessary to call,
 1300  provide for, and give notice of the referendum and to provide
 1301  for the conduct thereof and the canvass of the returns.
 1302         2.b. The referenda must be held in accordance with the
 1303  Florida Election Code and may be held pursuant to ss. 101.6101
 1304  101.6107. All costs associated with the referenda shall be borne
 1305  by the respective component independent special district.
 1306         3.c. The ballot question in such referendum placed before
 1307  the qualified electors of each component independent special
 1308  district to be merged must be in substantially the following
 1309  form:
 1310         “Shall ...(name of component independent special
 1311  district)... and ...(name of component independent special
 1312  district or districts)... be merged into ...(name of newly
 1313  merged independent district)...?
 1314         ....YES
 1315         ....NO”
 1316         4.d. If the component independent special districts
 1317  proposing to merge have disparate millage rates, the ballot
 1318  question in the referendum placed before the qualified electors
 1319  of each component independent special district must be in
 1320  substantially the following form:
 1321         “Shall ...(name of component independent special
 1322  district)... and ...(name of component independent special
 1323  district or districts)... be merged into ...(name of newly
 1324  merged independent district)... if the voter-approved maximum
 1325  millage rate within each independent special district will not
 1326  increase absent a subsequent referendum?
 1327         ....YES
 1328         ....NO”
 1329         5.e. In any referendum held pursuant to this section
 1330  subsection, the ballots shall be counted, returns made and
 1331  canvassed, and results certified in the same manner as other
 1332  elections or referenda for the component independent special
 1333  districts.
 1334         6.f. The merger may not take effect unless a majority of
 1335  the votes cast in each component independent special district
 1336  are in favor of the merger. If one of the component independent
 1337  special districts does not obtain a majority vote, the
 1338  referendum fails, and merger does not take effect.
 1339         7.g. If the merger is approved by a majority of the votes
 1340  cast in each component independent special district, the merged
 1341  district shall notify the Special District Accountability
 1342  Information Program pursuant to s. 189.016(2) 189.418(2) and the
 1343  local general-purpose governments in which any part of the
 1344  component independent special districts is situated pursuant to
 1345  s. 189.016(7) 189.418(7).
 1346         8.h. If the referendum fails, the merger process under this
 1347  subsection paragraph may not be initiated for the same purpose
 1348  within 2 years after the date of the referendum.
 1349         (h)8. Component independent special districts merged
 1350  pursuant to an elector-initiated merger plan shall continue to
 1351  be governed as before the merger until the effective date
 1352  specified in the adopted elector-initiated merger plan.
 1353         (4)(d) EFFECTIVE DATE.—The effective date of the merger
 1354  shall be as provided in the joint merger plan or elector
 1355  initiated merger plan, as appropriate, and is not contingent
 1356  upon the future act of the Legislature.
 1357         (a)1. However, as soon as practicable, the merged
 1358  independent district shall, at its own expense, submit a unified
 1359  charter for the merged district to the Legislature for approval.
 1360  The unified charter must make the powers of the district
 1361  consistent within the merged independent district and repeal the
 1362  special acts of the districts which existed before the merger.
 1363         (b)2. Within 30 business days after the effective date of
 1364  the merger, the merged independent district’s governing body, as
 1365  indicated in this section subsection, shall hold an
 1366  organizational meeting to implement the provisions of the joint
 1367  merger plan or elector-initiated merger plan, as appropriate.
 1368         (5)(e) RESTRICTIONS DURING TRANSITION PERIOD.—Until the
 1369  Legislature formally approves the unified charter pursuant to a
 1370  special act, each component independent special district is
 1371  considered a subunit of the merged independent district subject
 1372  to the following restrictions:
 1373         (a)1. During the transition period, the merged independent
 1374  district is limited in its powers and financing capabilities
 1375  within each subunit to those powers that existed within the
 1376  boundaries of each subunit which were previously granted to the
 1377  component independent special district in its existing charter
 1378  before the merger. The merged independent district may not,
 1379  solely by reason of the merger, increase its powers or financing
 1380  capability.
 1381         (b)2. During the transition period, the merged independent
 1382  district shall exercise only the legislative authority to levy
 1383  and collect revenues within the boundaries of each subunit which
 1384  was previously granted to the component independent special
 1385  district by its existing charter before the merger, including
 1386  the authority to levy ad valorem taxes, non-ad valorem
 1387  assessments, impact fees, and charges.
 1388         1.a. The merged independent district may not, solely by
 1389  reason of the merger or the legislatively approved unified
 1390  charter, increase ad valorem taxes on property within the
 1391  original limits of a subunit beyond the maximum millage rate
 1392  approved by the electors of the component independent special
 1393  district unless the electors of such subunit approve an increase
 1394  at a subsequent referendum of the subunit’s electors. Each
 1395  subunit may be considered a separate taxing unit.
 1396         2.b. The merged independent district may not, solely by
 1397  reason of the merger, charge non-ad valorem assessments, impact
 1398  fees, or other new fees within a subunit which were not
 1399  otherwise previously authorized to be charged.
 1400         (c)3. During the transition period, each component
 1401  independent special district of the merged independent district
 1402  must continue to file all information and reports required under
 1403  this chapter as subunits until the Legislature formally approves
 1404  the unified charter pursuant to a special act.
 1405         (d)4. The intent of this part section is to preserve and
 1406  transfer to the merged independent district all authority that
 1407  exists within each subunit and was previously granted by the
 1408  Legislature and, if applicable, by referendum.
 1409         (6)(f) EFFECT OF MERGER, GENERALLY.—On and after the
 1410  effective date of the merger, the merged independent district
 1411  shall be treated and considered for all purposes as one entity
 1412  under the name and on the terms and conditions set forth in the
 1413  joint merger plan or elector-initiated merger plan, as
 1414  appropriate.
 1415         (a)1. All rights, privileges, and franchises of each
 1416  component independent special district and all assets, real and
 1417  personal property, books, records, papers, seals, and equipment,
 1418  as well as other things in action, belonging to each component
 1419  independent special district before the merger shall be deemed
 1420  as transferred to and vested in the merged independent district
 1421  without further act or deed.
 1422         (b)2. All property, rights-of-way, and other interests are
 1423  as effectually the property of the merged independent district
 1424  as they were of the component independent special district
 1425  before the merger. The title to real estate, by deed or
 1426  otherwise, under the laws of this state vested in any component
 1427  independent special district before the merger may not be deemed
 1428  to revert or be in any way impaired by reason of the merger.
 1429         (c)3. The merged independent district is in all respects
 1430  subject to all obligations and liabilities imposed and possesses
 1431  all the rights, powers, and privileges vested by law in other
 1432  similar entities.
 1433         (d)4. Upon the effective date of the merger, the joint
 1434  merger plan or elector-initiated merger plan, as appropriate, is
 1435  subordinate in all respects to the contract rights of all
 1436  holders of any securities or obligations of the component
 1437  independent special districts outstanding at the effective date
 1438  of the merger.
 1439         (e)5. The new registration of electors is not necessary as
 1440  a result of the merger, but all elector registrations of the
 1441  component independent special districts shall be transferred to
 1442  the proper registration books of the merged independent
 1443  district, and new registrations shall be made as provided by law
 1444  as if no merger had taken place.
 1445         (7)(g) GOVERNING BODY OF MERGED INDEPENDENT DISTRICT.—
 1446         (a)1. From the effective date of the merger until the next
 1447  general election, the governing body of the merged independent
 1448  district shall be comprised of the governing body members of
 1449  each component independent special district, with such members
 1450  serving until the governing body members elected at the next
 1451  general election take office.
 1452         (b)2. Beginning with the next general election following
 1453  the effective date of merger, the governing body of the merged
 1454  independent district shall be comprised of five members. The
 1455  office of each governing body member shall be designated by
 1456  seat, which shall be distinguished from other body member seats
 1457  by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
 1458  members that are elected in this initial election following the
 1459  merger shall serve unequal terms of 2 and 4 years in order to
 1460  create staggered membership of the governing body, with:
 1461         1.a. Member seats 1, 3, and 5 being designated for 4-year
 1462  terms; and
 1463         2.b. Member seats 2 and 4 being designated for 2-year
 1464  terms.
 1465         (c)3. In general elections thereafter, all governing body
 1466  members shall serve 4-year terms.
 1467         (8)(h) EFFECT ON EMPLOYEES.—Except as otherwise provided by
 1468  law and except for those officials and employees protected by
 1469  tenure of office, civil service provisions, or a collective
 1470  bargaining agreement, upon the effective date of merger, all
 1471  appointive offices and positions existing in all component
 1472  independent special districts involved in the merger are subject
 1473  to the terms of the joint merger plan or elector-initiated
 1474  merger plan, as appropriate. Such plan may provide for instances
 1475  in which there are duplications of positions and for other
 1476  matters such as varying lengths of employee contracts, varying
 1477  pay levels or benefits, different civil service regulations in
 1478  the constituent entities, and differing ranks and position
 1479  classifications for similar positions. For those employees who
 1480  are members of a bargaining unit certified by the Public
 1481  Employees Relations Commission, the requirements of chapter 447
 1482  apply.
 1483         (9)(i) EFFECT ON DEBTS, LIABILITIES, AND OBLIGATIONS.—
 1484         (a)1. All valid and lawful debts and liabilities existing
 1485  against a merged independent district, or which may arise or
 1486  accrue against the merged independent district, which but for
 1487  merger would be valid and lawful debts or liabilities against
 1488  one or more of the component independent special districts, are
 1489  debts against or liabilities of the merged independent district
 1490  and accordingly shall be defrayed and answered to by the merged
 1491  independent district to the same extent, and no further than,
 1492  the component independent special districts would have been
 1493  bound if a merger had not taken place.
 1494         (b)2. The rights of creditors and all liens upon the
 1495  property of any of the component independent special districts
 1496  shall be preserved unimpaired. The respective component
 1497  districts shall be deemed to continue in existence to preserve
 1498  such rights and liens, and all debts, liabilities, and duties of
 1499  any of the component districts attach to the merged independent
 1500  district.
 1501         (c)3. All bonds, contracts, and obligations of the
 1502  component independent special districts which exist as legal
 1503  obligations are obligations of the merged independent district,
 1504  and all such obligations shall be issued or entered into by and
 1505  in the name of the merged independent district.
 1506         (10)(j) EFFECT ON ACTIONS AND PROCEEDINGS.—In any action or
 1507  proceeding pending on the effective date of merger to which a
 1508  component independent special district is a party, the merged
 1509  independent district may be substituted in its place, and the
 1510  action or proceeding may be prosecuted to judgment as if merger
 1511  had not taken place. Suits may be brought and maintained against
 1512  a merged independent district in any state court in the same
 1513  manner as against any other independent special district.
 1514         (11)(k) EFFECT ON ANNEXATION.—Chapter 171 continues to
 1515  apply to all annexations by a city within the component
 1516  independent special districts’ boundaries after merger occurs.
 1517  Any moneys owed to a component independent special district
 1518  pursuant to s. 171.093, or any interlocal service boundary
 1519  agreement as a result of annexation predating the merger, shall
 1520  be paid to the merged independent district after merger.
 1521         (12)(l) EFFECT ON MILLAGE CALCULATIONS.—The merged
 1522  independent special district is authorized to continue or
 1523  conclude procedures under chapter 200 on behalf of the component
 1524  independent special districts. The merged independent special
 1525  district shall make the calculations required by chapter 200 for
 1526  each component individual special district separately.
 1527         (13)(m) DETERMINATION OF RIGHTS.—If any right, title,
 1528  interest, or claim arises out of a merger or by reason thereof
 1529  which is not determinable by reference to this subsection, the
 1530  joint merger plan or elector-initiated merger plan, as
 1531  appropriate, or otherwise under the laws of this state, the
 1532  governing body of the merged independent district may provide
 1533  therefor in a manner conforming to law.
 1534         (14)(n) EXEMPTION.—This section subsection does not apply
 1535  to independent special districts whose governing bodies are
 1536  elected by district landowners voting the acreage owned within
 1537  the district.
 1538         (15)(o) PREEMPTION.—This section subsection preempts any
 1539  special act to the contrary.
 1540         Section 22. Subsection (6) of section 189.4042, Florida
 1541  Statutes, is transferred, renumbered as section 189.075, Florida
 1542  Statutes, and amended to read:
 1543         189.075 189.4042Involuntary merger of independent special
 1544  districts Merger and dissolution procedures.—
 1545         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
 1546         (1)(a) INDEPENDENT SPECIAL DISTRICTS CREATED BY SPECIAL
 1547  ACT.—In order for the Legislature to merge an active independent
 1548  special district or districts created and operating pursuant to
 1549  a special act, the special act merging the active independent
 1550  special district or districts must be approved at separate
 1551  referenda of the impacted local governments by a majority of the
 1552  resident electors or, for districts in which a majority of
 1553  governing body board members are elected by landowners, a
 1554  majority of the landowners voting in the same manner by which
 1555  each independent special district’s governing body is elected.
 1556  The special act merging the districts must include a plan of
 1557  merger that addresses transition issues such as the effective
 1558  date of the merger, governance, administration, powers,
 1559  pensions, and assumption of all assets and liabilities. If a
 1560  local general-purpose government passes an ordinance or
 1561  resolution in support of the merger of an active independent
 1562  special district, the local general-purpose government must pay
 1563  any expenses associated with the referendum required under this
 1564  subsection paragraph.
 1565         (2)(b) INDEPENDENT SPECIAL DISTRICTS CREATED BY A COUNTY OR
 1566  MUNICIPALITY.—A county or municipality may merge an independent
 1567  special district created by the county or municipality pursuant
 1568  to a referendum or any other procedure by which the independent
 1569  special district was created. However, if the independent
 1570  special district has ad valorem taxation powers, the same
 1571  procedure required to grant the independent special district ad
 1572  valorem taxation powers is required to merge the district. The
 1573  political subdivisions proposing the involuntary merger of an
 1574  active independent special district must pay any expenses
 1575  associated with the referendum required under this subsection
 1576  paragraph.
 1577         (3)(c) INACTIVE INDEPENDENT SPECIAL DISTRICTS.—An
 1578  independent special district that meets any criteria for being
 1579  declared inactive, or that has already been declared inactive,
 1580  pursuant to s. 189.062 189.4044 may be merged by special act
 1581  without a referendum.
 1582         Section 23. Subsection (7) of section 189.4042, Florida
 1583  Statutes, is transferred and renumbered as section 189.0761,
 1584  Florida Statutes, and amended to read:
 1585         189.0761 189.4042Merger and dissolution procedures.—
 1586         (7) Exemptions.—This part section does not apply to
 1587  community development districts implemented pursuant to chapter
 1588  190 or to water management districts created and operated
 1589  pursuant to chapter 373.
 1590         Section 24. Section 189.4044, Florida Statutes, is
 1591  transferred and renumbered as section 189.062, Florida Statutes,
 1592  subsections (1) and (3) of that section are amended, and
 1593  subsections (5) and (6) are added to that section, to read:
 1594         189.062 189.4044 Special procedures for inactive
 1595  districts.—
 1596         (1) The department shall declare inactive any special
 1597  district in this state by documenting that:
 1598         (a) The special district meets one of the following
 1599  criteria:
 1600         1. The registered agent of the district, the chair of the
 1601  governing body of the district, or the governing body of the
 1602  appropriate local general-purpose government notifies the
 1603  department in writing that the district has taken no action for
 1604  2 or more years;
 1605         2. Following an inquiry from the department, The registered
 1606  agent of the district, the chair of the governing body of the
 1607  district, or the governing body of the appropriate local
 1608  general-purpose government notifies the department in writing
 1609  that the district has not had a governing body board or a
 1610  sufficient number of governing body board members to constitute
 1611  a quorum for 2 or more years;
 1612         3.or The registered agent of the district, the chair of
 1613  the governing body of the district, or the governing body of the
 1614  appropriate local general-purpose government fails to respond to
 1615  an the department’s inquiry by the department within 21 days;
 1616         4.3. The department determines, pursuant to s. 189.067
 1617  189.421, that the district has failed to file any of the reports
 1618  listed in s. 189.066 189.419;
 1619         5.4. The district has not had a registered office and agent
 1620  on file with the department for 1 or more years; or
 1621         6.5. The governing body of a special district provides
 1622  documentation to the department that it has unanimously adopted
 1623  a resolution declaring the special district inactive. The
 1624  special district shall be responsible for payment of any
 1625  expenses associated with its dissolution. A special district
 1626  declared inactive pursuant to this subparagraph may be dissolved
 1627  without a referendum; or
 1628         (b) The department, special district, or local general
 1629  purpose government published a notice of proposed declaration of
 1630  inactive status in a newspaper of general circulation in the
 1631  county or municipality in which the territory of the special
 1632  district is located and sent a copy of such notice by certified
 1633  mail to the registered agent or chair of the governing body
 1634  board, if any. Such notice must include the name of the special
 1635  district, the law under which it was organized and operating, a
 1636  general description of the territory included in the special
 1637  district, and a statement that any objections must be filed
 1638  pursuant to chapter 120 within 21 days after the publication
 1639  date; and
 1640         (c) Twenty-one days have elapsed from the publication date
 1641  of the notice of proposed declaration of inactive status and no
 1642  administrative appeals were filed.
 1643         (3) In the case of a district created by special act of the
 1644  Legislature, the department shall send a notice of declaration
 1645  of inactive status to the Speaker of the House of
 1646  Representatives and the President of the Senate, and the
 1647  standing committees of the Senate and the House of
 1648  Representatives charged with special district oversight as
 1649  determined by the presiding officers of each respective chamber
 1650  and the Legislative Auditing Committee. The notice of
 1651  declaration of inactive status shall reference each known
 1652  special act creating or amending the charter of any special
 1653  district declared to be inactive under this section. The
 1654  declaration of inactive status shall be sufficient notice as
 1655  required by s. 10, Art. III of the State Constitution to
 1656  authorize the Legislature to repeal any special laws so
 1657  reported. In the case of a district created by one or more local
 1658  general-purpose governments, the department shall send a notice
 1659  of declaration of inactive status to the chair of the governing
 1660  body of each local general-purpose government that created the
 1661  district. In the case of a district created by interlocal
 1662  agreement, the department shall send a notice of declaration of
 1663  inactive status to the chair of the governing body of each local
 1664  general-purpose government which entered into the interlocal
 1665  agreement.
 1666         (5) A special district declared inactive under this section
 1667  may not collect taxes, fees, or assessments unless the
 1668  declaration is:
 1669         (a) Withdrawn or revoked by the department; or
 1670         (b) Invalidated in proceedings initiated by the special
 1671  district within 30 days after the date written notice of the
 1672  declaration was provided to the special district governing body
 1673  by physical or electronic delivery, receipt confirmed. The
 1674  special district governing body may initiate proceedings within
 1675  the period authorized in this paragraph by:
 1676         1. Filing with the department a petition for an
 1677  administrative hearing pursuant to s. 120.569; or
 1678         2. Filing an action for declaratory and injunctive relief
 1679  under chapter 86 in the circuit court of the judicial circuit in
 1680  which the majority of the area of the district is located.
 1681         (c) If a timely challenge to the declaration is not
 1682  initiated by the special district governing body, or the
 1683  department prevails in a proceeding initiated under paragraph
 1684  (b), the department may enforce the prohibitions in this
 1685  subsection by filing a petition for enforcement with the circuit
 1686  court in and for Leon County. The petition may request
 1687  declaratory, injunctive, or other equitable relief, including
 1688  the appointment of a receiver, and any forfeiture or other
 1689  remedy provided by law.
 1690         (d) The prevailing party shall be awarded costs of
 1691  litigation and reasonable attorney fees in any proceeding
 1692  brought under this subsection.
 1693         Section 25. Section 189.4045, Florida Statutes, is
 1694  transferred and renumbered as section 189.076, Florida Statutes.
 1695         Section 26. Section 189.4047, Florida Statutes, is
 1696  transferred and renumbered as section 189.021, Florida Statutes.
 1697         Section 27. Subsections (1), (2), (3), (4), (6), and (7) of
 1698  section 189.405, Florida Statutes, are transferred and
 1699  renumbered as subsections (1) through (6) of section 189.04,
 1700  Florida Statutes, respectively, and present subsection (1),
 1701  paragraph (c) of present subsection (2), and present subsections
 1702  (3), (4), and (7) of that section are amended, to read:
 1703         189.04 189.405 Elections; general requirements and
 1704  procedures; education programs.—
 1705         (1) If a dependent special district has an elected
 1706  governing body board, elections shall be conducted by the
 1707  supervisor of elections of the county wherein the district is
 1708  located in accordance with the Florida Election Code, chapters
 1709  97-106.
 1710         (2)
 1711         (c) A candidate for a position on a governing body board of
 1712  a single-county special district that has its elections
 1713  conducted by the supervisor of elections shall qualify for the
 1714  office with the county supervisor of elections in whose
 1715  jurisdiction the district is located. Elections for governing
 1716  body board members elected by registered electors shall be
 1717  nonpartisan, except when partisan elections are specified by a
 1718  district’s charter. Candidates shall qualify as directed by
 1719  chapter 99. The qualifying fee shall be remitted to the general
 1720  revenue fund of the qualifying officer to help defray the cost
 1721  of the election.
 1722         (3)(a) If a multicounty special district has a popularly
 1723  elected governing body board, elections for the purpose of
 1724  electing members to such governing body board shall conform to
 1725  the Florida Election Code, chapters 97-106.
 1726         (b) With the exception of those districts conducting
 1727  elections on a one-acre/one-vote basis, qualifying for
 1728  multicounty special district governing body board positions
 1729  shall be coordinated by the Department of State. Elections for
 1730  governing body board members elected by registered electors
 1731  shall be nonpartisan, except when partisan elections are
 1732  specified by a district’s charter. Candidates shall qualify as
 1733  directed by chapter 99. The qualifying fee shall be remitted to
 1734  the Department of State.
 1735         (4) With the exception of elections of special district
 1736  governing body board members conducted on a one-acre/one-vote
 1737  basis, in any election conducted in a special district the
 1738  decision made by a majority of those voting shall prevail,
 1739  except as otherwise specified by law.
 1740         (6)(7) Nothing in this act requires that a special district
 1741  governed by an appointed governing body board convert to an
 1742  elected governing body board.
 1743         Section 28. Subsection (5) of section 189.405, Florida
 1744  Statutes, is transferred, renumbered as section 189.063, Florida
 1745  Statutes, and amended to read:
 1746         189.063 189.405Education programs for new members of
 1747  district governing bodies Elections; general requirements and
 1748  procedures; education programs.—
 1749         (1)(5)(a) The department may provide, contract for, or
 1750  assist in conducting education programs, as its budget permits,
 1751  for all newly elected or appointed members of district governing
 1752  bodies boards. The education programs shall include, but are not
 1753  limited to, courses on the code of ethics for public officers
 1754  and employees, public meetings and public records requirements,
 1755  public finance, and parliamentary procedure. Course content may
 1756  be offered by means of the following: videotapes, live seminars,
 1757  workshops, conferences, teleconferences, computer-based
 1758  training, multimedia presentations, or other available
 1759  instructional methods.
 1760         (2)(b) An individual district governing body board, at its
 1761  discretion, may bear the costs associated with educating its
 1762  members. Governing body Board members of districts which have
 1763  qualified for a zero annual fee for the most recent invoicing
 1764  period pursuant to s. 189.018 are 189.427 shall not be required
 1765  to pay a fee for any education program the department provides,
 1766  contracts for, or assists in conducting.
 1767         Section 29. Section 189.4051, Florida Statutes, is
 1768  transferred, renumbered as section 189.041, Florida Statutes,
 1769  and amended to read:
 1770         189.041 189.4051 Elections; special requirements and
 1771  procedures for districts with governing bodies boards elected on
 1772  a one-acre/one-vote basis.—
 1773         (1) DEFINITIONS.—As used in this section:
 1774         (a) “Qualified elector” means any person at least 18 years
 1775  of age who is a citizen of the United States, a permanent
 1776  resident of Florida, and a freeholder or freeholder’s spouse and
 1777  resident of the district who registers with the supervisor of
 1778  elections of a county within which the district lands are
 1779  located when the registration books are open.
 1780         (b) “Urban area” means a contiguous developed and inhabited
 1781  urban area within a district with a minimum average resident
 1782  population density of at least 1.5 persons per acre as defined
 1783  by the latest official census, special census, or population
 1784  estimate or a minimum density of one single-family home per 2.5
 1785  acres with access to improved roads or a minimum density of one
 1786  single-family home per 5 acres within a recorded plat
 1787  subdivision. Urban areas shall be designated by the governing
 1788  body board of the district with the assistance of all local
 1789  general-purpose governments having jurisdiction over the area
 1790  within the district.
 1791         (c) “Governing body board member” means any duly elected
 1792  member of the governing body board of a special district elected
 1793  pursuant to this section, provided that a any board member
 1794  elected by popular vote shall be a qualified district elector
 1795  and a any board member elected on a one-acre/one-vote basis
 1796  shall meet the requirements of s. 298.11 for election to the
 1797  governing body board.
 1798         (d) “Contiguous developed urban area” means any reasonably
 1799  compact urban area located entirely within a special district.
 1800  The separation of urban areas by a publicly owned park, right
 1801  of-way, highway, road, railroad, canal, utility, body of water,
 1802  watercourse, or other minor geographical division of a similar
 1803  nature shall not prevent such areas from being defined as urban
 1804  areas.
 1805         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
 1806  AREAS.—
 1807         (a) Referendum.—
 1808         1. A referendum shall be called by the governing body board
 1809  of a special district where the governing body board is elected
 1810  on a one-acre/one-vote basis on the question of whether certain
 1811  members of a district governing body board should be elected by
 1812  qualified electors, provided each of the following conditions
 1813  has been satisfied at least 60 days before prior to the general
 1814  or special election at which the referendum is to be held:
 1815         a. The district shall have a total population, according to
 1816  the latest official state census, a special census, or a
 1817  population estimate, of at least 500 qualified electors.
 1818         b. A petition signed by 10 percent of the qualified
 1819  electors of the district shall have been filed with the
 1820  governing body board of the district. The petition shall be
 1821  submitted to the supervisor of elections of the county or
 1822  counties in which the lands are located. The supervisor shall,
 1823  within 30 days after the receipt of the petitions, certify to
 1824  the governing body board the number of signatures of qualified
 1825  electors contained on the petition.
 1826         2. Upon verification by the supervisor or supervisors of
 1827  elections of the county or counties within which district lands
 1828  are located that 10 percent of the qualified electors of the
 1829  district have petitioned the governing body board, a referendum
 1830  election shall be called by the governing body board at the next
 1831  regularly scheduled election of governing body board members
 1832  occurring at least 30 days after verification of the petition or
 1833  within 6 months of verification, whichever is earlier.
 1834         3. If the qualified electors approve the election procedure
 1835  described in this subsection, the governing body board of the
 1836  district shall be increased to five members and elections shall
 1837  be held pursuant to the criteria described in this subsection
 1838  beginning with the next regularly scheduled election of
 1839  governing body board members or at a special election called
 1840  within 6 months following the referendum and final unappealed
 1841  approval of district urban area maps as provided in paragraph
 1842  (b), whichever is earlier.
 1843         4. If the qualified electors of the district disapprove the
 1844  election procedure described in this subsection, elections of
 1845  the members of the governing body board shall continue as
 1846  described by s. 298.12 or the enabling legislation for the
 1847  district. No further referendum on the question shall be held
 1848  for a minimum period of 2 years following the referendum.
 1849         (b) Designation of urban areas.—
 1850         1. Within 30 days after approval of the election process
 1851  described in this subsection by qualified electors of the
 1852  district, the governing body board shall direct the district
 1853  staff to prepare and present maps of the district describing the
 1854  extent and location of all urban areas within the district. Such
 1855  determination shall be based upon the criteria contained within
 1856  paragraph (1)(b).
 1857         2. Within 60 days after approval of the election process
 1858  described in this subsection by qualified electors of the
 1859  district, the maps describing urban areas within the district
 1860  shall be presented to the governing body board.
 1861         3. Any district landowner or elector may contest the
 1862  accuracy of the urban area maps prepared by the district staff
 1863  within 30 days after submission to the governing body board.
 1864  Upon notice of objection to the maps, the governing body board
 1865  shall request the county engineer to prepare and present maps of
 1866  the district describing the extent and location of all urban
 1867  areas within the district. Such determination shall be based
 1868  upon the criteria contained within paragraph (1)(b). Within 30
 1869  days after the governing body board request, the county engineer
 1870  shall present the maps to the governing body board.
 1871         4. Upon presentation of the maps by the county engineer,
 1872  the governing body board shall compare the maps submitted by
 1873  both the district staff and the county engineer and make a
 1874  determination as to which set of maps to adopt. Within 60 days
 1875  after presentation of all such maps, the governing body board
 1876  may amend and shall adopt the official maps at a regularly
 1877  scheduled meeting of the governing body board meeting.
 1878         5. Any district landowner or qualified elector may contest
 1879  the accuracy of the urban area maps adopted by the governing
 1880  body board within 30 days after adoption by petition to the
 1881  circuit court with jurisdiction over the district. Accuracy
 1882  shall be determined pursuant to paragraph (1)(b). Any petitions
 1883  so filed shall be heard expeditiously, and the maps shall either
 1884  be approved or approved with necessary amendments to render the
 1885  maps accurate and shall be certified to the governing body
 1886  board.
 1887         6. Upon adoption by the governing body board or
 1888  certification by the court, the district urban area maps shall
 1889  serve as the official maps for determination of the extent of
 1890  urban area within the district and the number of governing body
 1891  board members to be elected by qualified electors and by the
 1892  one-acre/one-vote principle at the next regularly scheduled
 1893  election of governing body board members.
 1894         7. Upon a determination of the percentage of urban area
 1895  within the district as compared with total area within the
 1896  district, the governing body board shall order elections in
 1897  accordance with the percentages pursuant to paragraph (3)(a).
 1898  The landowners’ meeting date shall be designated by the
 1899  governing body board.
 1900         8. The maps shall be updated and readopted every 5 years or
 1901  sooner in the discretion of the governing body board.
 1902         (3) GOVERNING BODY BOARD.—
 1903         (a) Composition of board.—
 1904         1. Members of the governing body board of the district
 1905  shall be elected in accordance with the following determinations
 1906  of urban area:
 1907         a. If urban areas constitute 25 percent or less of the
 1908  district, one governing body board member shall be elected by
 1909  the qualified electors and four governing body board members
 1910  shall be elected in accordance with the one-acre/one-vote
 1911  principle contained within s. 298.11 or the district-enabling
 1912  legislation.
 1913         b. If urban areas constitute 26 percent to 50 percent of
 1914  the district, two governing body board members shall be elected
 1915  by the qualified electors and three governing body board members
 1916  shall be elected in accordance with the one-acre/one-vote
 1917  principle contained within s. 298.11 or the district-enabling
 1918  legislation.
 1919         c. If urban areas constitute 51 percent to 70 percent of
 1920  the district, three governing body board members shall be
 1921  elected by the qualified electors and two governing body board
 1922  members shall be elected in accordance with the one-acre/one
 1923  vote principle contained within s. 298.11 or the district
 1924  enabling legislation.
 1925         d. If urban areas constitute 71 percent to 90 percent of
 1926  the district, four governing body board members shall be elected
 1927  by the qualified electors and one governing body board member
 1928  shall be elected in accordance with the one-acre/one-vote
 1929  principle contained within s. 298.11 or the district-enabling
 1930  legislation.
 1931         e. If urban areas constitute 91 percent or more of the
 1932  district, all governing body board members shall be elected by
 1933  the qualified electors.
 1934         2. All governing body board members elected by qualified
 1935  electors shall be elected at large.
 1936         (b) Term of office.—All governing body board members
 1937  elected by qualified electors shall have a term of 4 years
 1938  except for governing body board members elected at the first
 1939  election and the first landowners’ meeting following the
 1940  referendum prescribed in paragraph (2)(a). Governing body board
 1941  members elected at the first election and the first landowners’
 1942  meeting following the referendum shall serve as follows:
 1943         1. If one governing body board member is elected by the
 1944  qualified electors and four are elected on a one-acre/one-vote
 1945  basis, the governing body board member elected by the qualified
 1946  electors shall be elected for a period of 4 years. Governing
 1947  body board members elected on a one-acre/one-vote basis shall be
 1948  elected for periods of 1, 2, 3, and 4 years, respectively, as
 1949  prescribed by ss. 298.11 and 298.12.
 1950         2. If two governing body board members are elected by the
 1951  qualified electors and three are elected on a one-acre/one-vote
 1952  basis, the governing body board members elected by the electors
 1953  shall be elected for a period of 4 years. Governing body board
 1954  members elected on a one-acre/one-vote basis shall be elected
 1955  for periods of 1, 2, and 3 years, respectively, as prescribed by
 1956  ss. 298.11 and 298.12.
 1957         3. If three governing body board members are elected by the
 1958  qualified electors and two are elected on a one-acre/one-vote
 1959  basis, two of the governing body board members elected by the
 1960  electors shall be elected for a term of 4 years and the other
 1961  governing body board member elected by the electors shall be
 1962  elected for a term of 2 years. Governing body board members
 1963  elected on a one-acre/one-vote basis shall be elected for terms
 1964  of 1 and 2 years, respectively, as prescribed by ss. 298.11 and
 1965  298.12.
 1966         4. If four governing body board members are elected by the
 1967  qualified electors and one is elected on a one-acre/one-vote
 1968  basis, two of the governing body board members elected by the
 1969  electors shall be elected for a term of 2 years and the other
 1970  two for a term of 4 years. The governing body board member
 1971  elected on a one-acre/one-vote basis shall be elected for a term
 1972  of 1 year as prescribed by ss. 298.11 and 298.12.
 1973         5. If five governing body board members are elected by the
 1974  qualified electors, three shall be elected for a term of 4 years
 1975  and two for a term of 2 years.
 1976         6. If any vacancy occurs in a seat occupied by a governing
 1977  body board member elected by the qualified electors, the
 1978  remaining members of the governing body board shall, within 45
 1979  days after the vacancy occurs, appoint a person who would be
 1980  eligible to hold the office to the unexpired term.
 1981         (c) Landowners’ meetings.—
 1982         1. An annual landowners’ meeting shall be held pursuant to
 1983  s. 298.11 and at least one governing body board member shall be
 1984  elected on a one-acre/one-vote basis pursuant to s. 298.12 for
 1985  so long as 10 percent or more of the district is not contained
 1986  in an urban area. In the event all district governing body board
 1987  members are elected by qualified electors, there shall be no
 1988  further landowners’ meetings.
 1989         2. At any landowners’ meeting called pursuant to this
 1990  section, 50 percent of the district acreage shall not be
 1991  required to constitute a quorum and each governing body board
 1992  member shall be elected by a majority of the acreage represented
 1993  either by owner or proxy present and voting at said meeting.
 1994         3. All landowners’ meetings of districts operating pursuant
 1995  to this section shall be set by the governing body board within
 1996  the month preceding the month of the election of the governing
 1997  body board members by the electors.
 1998         4. Vacancies on the governing body board shall be filled
 1999  pursuant to s. 298.12 except as otherwise provided in
 2000  subparagraph (b)6.
 2001         (4) QUALIFICATIONS.—Elections for governing body board
 2002  members elected by qualified electors shall be nonpartisan.
 2003  Qualifications shall be pursuant to the Florida Election Code
 2004  and shall occur during the qualifying period established by s.
 2005  99.061. Qualification requirements shall only apply to those
 2006  governing body board member candidates elected by qualified
 2007  electors. Following the first election pursuant to this section,
 2008  elections to the governing body board by qualified electors
 2009  shall occur at the next regularly scheduled election closest in
 2010  time to the expiration date of the term of the elected governing
 2011  body board member. If the next regularly scheduled election is
 2012  beyond the normal expiration time for the term of an elected
 2013  governing body board member, the governing body board member
 2014  shall hold office until the election of a successor.
 2015         (5) Those districts established as single-purpose water
 2016  control districts, and which continue to act as single-purpose
 2017  water control districts, pursuant to chapter 298, pursuant to a
 2018  special act, pursuant to a local government ordinance, or
 2019  pursuant to a judicial decree, shall be exempt from the
 2020  provisions of this section. All other independent special
 2021  districts with governing bodies boards elected on a one
 2022  acre/one-vote basis shall be subject to the provisions of this
 2023  section.
 2024         (6) The provisions of this section shall not apply to
 2025  community development districts established pursuant to chapter
 2026  190.
 2027         Section 30. Section 189.4065, Florida Statutes, is
 2028  transferred and renumbered as section 189.05, Florida Statutes.
 2029         Section 31. Section 189.408, Florida Statutes, is
 2030  transferred and renumbered as section 189.042, Florida Statutes.
 2031         Section 32. Section 189.4085, Florida Statutes, is
 2032  transferred and renumbered as section 189.051, Florida Statutes.
 2033         Section 33. Section 189.412, Florida Statutes, is
 2034  transferred and renumbered as section 189.064, Florida Statutes,
 2035  and amended to read:
 2036         189.064 189.412 Special District Accountability Information
 2037  Program; duties and responsibilities.—The Special District
 2038  Accountability Information Program of the department of Economic
 2039  Opportunity is created and has the following special duties:
 2040         (1) Electronically publishing The collection and
 2041  maintenance of special district noncompliance status reports
 2042  from the department of Management Services, the Department of
 2043  Financial Services, the Division of Bond Finance of the State
 2044  Board of Administration, the Auditor General, and the
 2045  Legislative Auditing Committee, for the reporting required in
 2046  ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance
 2047  reports must list those special districts that did not comply
 2048  with the statutory reporting requirements and be made available
 2049  to the public electronically.
 2050         (2) Maintaining the official list of special districts The
 2051  maintenance of a master list of independent and dependent
 2052  special districts which shall be available on the department’s
 2053  website.
 2054         (3) The Publishing and updating of a “Florida Special
 2055  District Handbook” that contains, at a minimum:
 2056         (a) A section that specifies definitions of special
 2057  districts and status distinctions in the statutes.
 2058         (b) A section or sections that specify current statutory
 2059  provisions for special district creation, implementation,
 2060  modification, dissolution, and operating procedures.
 2061         (c) A section that summarizes the reporting requirements
 2062  applicable to all types of special districts as provided in ss.
 2063  189.015 and 189.016 189.417 and 189.418.
 2064         (4) When feasible, securing and maintaining access to
 2065  special district information collected by all state agencies in
 2066  existing or newly created state computer systems.
 2067         (4)(5)Coordinating and communicating The facilitation of
 2068  coordination and communication among state agencies regarding
 2069  special districts district information.
 2070         (6) The conduct of studies relevant to special districts.
 2071         (5)(7)Providing technical advisory The provision of
 2072  assistance related to special districts regarding the and
 2073  appropriate in the performance of requirements specified in this
 2074  chapter which may be performed by the department or by a
 2075  qualified third-party vendor pursuant to a contract entered into
 2076  in accordance with applicable bidding requirements, including
 2077  assisting with an annual conference sponsored by the Florida
 2078  Association of Special Districts or its successor.
 2079         (6)(8) Providing assistance to local general-purpose
 2080  governments and certain state agencies in collecting delinquent
 2081  reports or information.,
 2082         (7) Helping special districts comply with reporting
 2083  requirements.,
 2084         (8) Declaring special districts inactive when appropriate,
 2085  and, when directed by the Legislative Auditing Committee or
 2086  required by this chapter.,
 2087         (9) Initiating enforcement proceedings provisions as
 2088  provided in ss. 189.062, 189.066, and 189.067 189.4044, 189.419,
 2089  and 189.421.
 2090         Section 34. Section 189.413, Florida Statutes, is
 2091  transferred and renumbered as section 189.065, Florida Statutes,
 2092  and amended to read:
 2093         189.065 189.413 Special districts; oversight of state funds
 2094  use.—Any state agency administering funding programs for which
 2095  special districts are eligible shall be responsible for
 2096  oversight of the use of such funds by special districts. The
 2097  oversight responsibilities shall include, but not be limited to:
 2098         (1) Reporting the existence of the program to the Special
 2099  District Accountability Information Program of the department.
 2100         (2) Submitting annually a list of special districts
 2101  participating in a state funding program to the Special District
 2102  Accountability Information Program of the department. This list
 2103  must indicate the special districts, if any, that are not in
 2104  compliance with state funding program requirements.
 2105         Section 35. Section 189.415, Florida Statutes, is
 2106  transferred and renumbered as section 189.08, Florida Statutes.
 2107         Section 36. Section 189.4155, Florida Statutes, is
 2108  transferred and renumbered as section 189.081, Florida Statutes.
 2109         Section 37. Section 189.4156, Florida Statutes, is
 2110  transferred and renumbered as section 189.082, Florida Statutes.
 2111         Section 38. Section 189.416, Florida Statutes, is
 2112  transferred and renumbered as section 189.014, Florida Statutes,
 2113  and subsection (1) of that section is amended, to read:
 2114         189.014 189.416 Designation of registered office and
 2115  agent.—
 2116         (1) Within 30 days after the first meeting of its governing
 2117  body board, each special district in the state shall designate a
 2118  registered office and a registered agent and file such
 2119  information with the local governing authority or authorities
 2120  and with the department. The registered agent shall be an agent
 2121  of the district upon whom any process, notice, or demand
 2122  required or permitted by law to be served upon the district may
 2123  be served. A registered agent shall be an individual resident of
 2124  this state whose business address is identical with the
 2125  registered office of the district. The registered office may be,
 2126  but need not be, the same as the place of business of the
 2127  special district.
 2128         Section 39. Section 189.417, Florida Statutes, is
 2129  transferred and renumbered as section 189.015, Florida Statutes,
 2130  and subsection (1) of that section is amended, to read:
 2131         189.015 189.417 Meetings; notice; required reports.—
 2132         (1) The governing body of each special district shall file
 2133  quarterly, semiannually, or annually a schedule of its regular
 2134  meetings with the local governing authority or authorities. The
 2135  schedule shall include the date, time, and location of each
 2136  scheduled meeting. The schedule shall be published quarterly,
 2137  semiannually, or annually in a newspaper of general paid
 2138  circulation in the manner required in this subsection. The
 2139  governing body of an independent special district shall
 2140  advertise the day, time, place, and purpose of any meeting other
 2141  than a regular meeting or any recessed and reconvened meeting of
 2142  the governing body, at least 7 days before prior to such
 2143  meeting, in a newspaper of general paid circulation in the
 2144  county or counties in which the special district is located,
 2145  unless a bona fide emergency situation exists, in which case a
 2146  meeting to deal with the emergency may be held as necessary,
 2147  with reasonable notice, so long as it is subsequently ratified
 2148  by the governing body board. No approval of the annual budget
 2149  shall be granted at an emergency meeting. The advertisement
 2150  shall be placed in that portion of the newspaper where legal
 2151  notices and classified advertisements appear. The advertisement
 2152  shall appear in a newspaper that is published at least 5 days a
 2153  week, unless the only newspaper in the county is published fewer
 2154  than 5 days a week. The newspaper selected must be one of
 2155  general interest and readership in the community and not one of
 2156  limited subject matter, pursuant to chapter 50. Any other
 2157  provision of law to the contrary notwithstanding, and except in
 2158  the case of emergency meetings, water management districts may
 2159  provide reasonable notice of public meetings held to evaluate
 2160  responses to solicitations issued by the water management
 2161  district, by publication in a newspaper of general paid
 2162  circulation in the county where the principal office of the
 2163  water management district is located, or in the county or
 2164  counties where the public work will be performed, no less than 7
 2165  days before such meeting.
 2166         Section 40. Section 189.418, Florida Statutes, is
 2167  transferred and renumbered as section 189.016, Florida Statutes,
 2168  and subsections (2) and (10) of that section are amended, to
 2169  read:
 2170         189.016 189.418 Reports; budgets; audits.—
 2171         (2) Any amendment, modification, or update of the document
 2172  by which the district was created, including changes in
 2173  boundaries, must be filed with the department within 30 days
 2174  after adoption. The department may initiate proceedings against
 2175  special districts as provided in s. 189.067 189.421 for failure
 2176  to file the information required by this subsection. However,
 2177  for the purposes of this section and s. 175.101(1), the
 2178  boundaries of a district shall be deemed to include an area that
 2179  has been annexed until the completion of the 4-year period
 2180  specified in s. 171.093(4) or other mutually agreed upon
 2181  extension, or when a district is providing services pursuant to
 2182  an interlocal agreement entered into pursuant to s. 171.093(3).
 2183         (10) All reports or information required to be filed with a
 2184  local general-purpose government or governing authority under
 2185  ss. 189.08, 189.014, and 189.015 189.415, 189.416, and 189.417
 2186  and subsection (8) must:
 2187         (a) If the local general-purpose government or governing
 2188  authority is a county, be filed with the clerk of the board of
 2189  county commissioners.
 2190         (b) If the district is a multicounty district, be filed
 2191  with the clerk of the county commission in each county.
 2192         (c) If the local general-purpose government or governing
 2193  authority is a municipality, be filed at the place designated by
 2194  the municipal governing body.
 2195         Section 41. Section 189.419, Florida Statutes, is
 2196  transferred, renumbered as section 189.066, Florida Statutes,
 2197  and amended to read:
 2198         189.066 189.419 Effect of failure to file certain reports
 2199  or information.—
 2200         (1) If an independent special district fails to file the
 2201  reports or information required under s. 189.08, s. 189.014, s.
 2202  189.015, or s. 189.016(9) 189.415, s. 189.416, s. 189.417, or s.
 2203  189.418(9) with the local general-purpose government or
 2204  governments in which it is located, the person authorized to
 2205  receive and read the reports or information or the local
 2206  general-purpose government shall notify the district’s
 2207  registered agent. If requested by the district, the local
 2208  general-purpose government shall grant an extension of up to 30
 2209  days for filing the required reports or information. If the
 2210  governing body of the local general-purpose government or
 2211  governments determines that there has been an unjustified
 2212  failure to file these reports or information, it shall may
 2213  notify the department, and the department may proceed pursuant
 2214  to s. 189.067(1) 189.421(1).
 2215         (2) If a dependent special district fails to file the
 2216  reports or information required under s. 189.014, s. 189.015, or
 2217  s. 189.016(9) 189.416, s. 189.417, or s. 189.418(9) with the
 2218  local governing authority to which it is dependent, the local
 2219  governing authority shall take whatever steps it deems necessary
 2220  to enforce the special district’s accountability. Such steps may
 2221  include, as authorized, withholding funds, removing governing
 2222  body board members at will, vetoing the special district’s
 2223  budget, conducting the oversight review process set forth in s.
 2224  189.068 189.428, or amending, merging, or dissolving the special
 2225  district in accordance with the provisions contained in the
 2226  ordinance that created the dependent special district.
 2227         (3) If a special district fails to file the reports or
 2228  information required under s. 218.38 with the appropriate state
 2229  agency, the agency shall notify the department, and the
 2230  department shall send a certified technical assistance letter to
 2231  the special district which summarizes the requirements and
 2232  compels encourages the special district to take steps to prevent
 2233  the noncompliance from reoccurring.
 2234         (4) If a special district fails to file the reports or
 2235  information required under s. 112.63 with the appropriate state
 2236  agency, the agency shall notify the department and the
 2237  department shall proceed pursuant to s. 189.067(1) 189.421(1).
 2238         (5) If a special district fails to file the reports or
 2239  information required under s. 218.32 or s. 218.39 with the
 2240  appropriate state agency or office, the state agency or office
 2241  shall, and the Legislative Auditing Committee may, notify the
 2242  department and the department shall proceed pursuant to s.
 2243  189.067 189.421.
 2244         Section 42. Section 189.420, Florida Statutes, is
 2245  transferred and renumbered as section 189.052, Florida Statutes.
 2246         Section 43. Section 189.421, Florida Statutes, is
 2247  transferred, renumbered as section 189.067, Florida Statutes,
 2248  and amended to read:
 2249         189.067 189.421 Failure of district to disclose financial
 2250  reports.—
 2251         (1)(a) If notified pursuant to s. 189.066(1) 189.419(1),
 2252  (4), or (5), the department shall attempt to assist a special
 2253  district in complying with its financial reporting requirements
 2254  by sending a certified letter to the special district, and, if
 2255  the special district is dependent, sending a copy of that letter
 2256  to the chair of the local governing authority. The letter must
 2257  include a description of the required report, including
 2258  statutory submission deadlines, a contact telephone number for
 2259  technical assistance to help the special district comply, a 60
 2260  day deadline for filing the required report with the appropriate
 2261  entity, the address where the report must be filed, and an
 2262  explanation of the penalties for noncompliance.
 2263         (b) A special district that is unable to meet the 60-day
 2264  reporting deadline must provide written notice to the department
 2265  before the expiration of the deadline stating the reason the
 2266  special district is unable to comply with the deadline, the
 2267  steps the special district is taking to prevent the
 2268  noncompliance from reoccurring, and the estimated date that the
 2269  special district will file the report with the appropriate
 2270  agency. The district’s written response does not constitute an
 2271  extension by the department; however, the department shall
 2272  forward the written response as follows to:
 2273         1. If the written response refers to the reports required
 2274  under s. 218.32 or s. 218.39, to the Legislative Auditing
 2275  Committee for its consideration in determining whether the
 2276  special district should be subject to further state action in
 2277  accordance with s. 11.40(2)(b).
 2278         2. If the written response refers to the reports or
 2279  information requirements listed in s. 189.066(1) 189.419(1), to
 2280  the local general-purpose government or governments for their
 2281  consideration in determining whether the oversight review
 2282  process set forth in s. 189.068 189.428 should be undertaken.
 2283         3. If the written response refers to the reports or
 2284  information required under s. 112.63, to the Department of
 2285  Management Services for its consideration in determining whether
 2286  the special district should be subject to further state action
 2287  in accordance with s. 112.63(4)(d)2.
 2288         (2) Failure of a special district to comply with the
 2289  actuarial and financial reporting requirements under s. 112.63,
 2290  s. 218.32, or s. 218.39 after the procedures of subsection (1)
 2291  are exhausted shall be deemed final action of the special
 2292  district. The actuarial and financial reporting requirements are
 2293  declared to be essential requirements of law. Remedies Remedy
 2294  for noncompliance with ss. 218.32 and 218.39 shall be as
 2295  provided in ss. 189.034 and 189.035. Remedy for noncompliance
 2296  with s. 112.63 shall be by writ of certiorari as set forth in
 2297  subsection (4).
 2298         (3) Pursuant to s. 11.40(2)(b), the Legislative Auditing
 2299  Committee may shall notify the department of those districts
 2300  that fail to file the required reports. If the procedures
 2301  described in subsection (1) have not yet been initiated, the
 2302  department shall initiate such procedures upon receiving the
 2303  notice from the Legislative Auditing Committee. Otherwise,
 2304  within 60 days after receiving such notice, or within 60 days
 2305  after the expiration of the 60-day deadline provided in
 2306  subsection (1), whichever occurs later, the department,
 2307  notwithstanding the provisions of chapter 120, shall file a
 2308  petition for enforcement writ of certiorari with the circuit
 2309  court. The petition may request declaratory, injunctive, any
 2310  other equitable relief, or any remedy provided by law. Venue for
 2311  all actions pursuant to this subsection is in Leon County. The
 2312  court shall award the prevailing party reasonable attorney’s
 2313  fees and costs unless affirmatively waived by all parties. A
 2314  writ of certiorari shall be issued unless a respondent
 2315  establishes that the notification of the Legislative Auditing
 2316  Committee was issued as a result of material error. Proceedings
 2317  under this subsection are otherwise governed by the Rules of
 2318  Appellate Procedure.
 2319         (4) The department may enforce compliance with s. 112.63 by
 2320  filing a petition for enforcement with the circuit court in and
 2321  for Leon County. The petition may request declaratory,
 2322  injunctive, or other equitable relief, including the appointment
 2323  of a receiver, and any forfeiture or other remedy provided by
 2324  law. Pursuant to s. 112.63(4)(d)2., the Department of Management
 2325  Services may notify the department of those special districts
 2326  that have failed to file the required adjustments, additional
 2327  information, or report or statement after the procedures of
 2328  subsection (1) have been exhausted. Within 60 days after
 2329  receiving such notice or within 60 days after the 60-day
 2330  deadline provided in subsection (1), whichever occurs later, the
 2331  department, notwithstanding chapter 120, shall file a petition
 2332  for writ of certiorari with the circuit court. Venue for all
 2333  actions pursuant to this subsection is in Leon County. The court
 2334  shall award the prevailing party attorney’s fees and costs
 2335  unless affirmatively waived by all parties. A writ of certiorari
 2336  shall be issued unless a respondent establishes that the
 2337  notification of the Department of Management Services was issued
 2338  as a result of material error. Proceedings under this subsection
 2339  are otherwise governed by the Rules of Appellate Procedure.
 2340         Section 44. Section 189.4221, Florida Statutes, is
 2341  transferred and renumbered as section 189.053, Florida Statutes.
 2342         Section 45. Section 189.423, Florida Statutes, is
 2343  transferred and renumbered as section 189.054, Florida Statutes.
 2344         Section 46. Section 189.425, Florida Statutes, is
 2345  transferred and renumbered as section 189.017, Florida Statutes.
 2346         Section 47. Section 189.427, Florida Statutes, is
 2347  transferred and renumbered as section 189.018, Florida Statutes,
 2348  and amended to read:
 2349         189.018 189.427 Fee schedule; Grants and Donations Trust
 2350  Fund.—The department of Economic Opportunity, by rule, shall
 2351  establish a schedule of fees to pay one-half of the costs
 2352  incurred by the department in administering this act, except
 2353  that the fee may not exceed $175 per district per year. The fees
 2354  collected under this section shall be deposited in the Grants
 2355  and Donations Trust Fund, which shall be administered by the
 2356  department of Economic Opportunity. Any fee rule must consider
 2357  factors such as the dependent and independent status of the
 2358  district and district revenues for the most recent fiscal year
 2359  as reported to the Department of Financial Services. The
 2360  department may assess fines of not more than $25, with an
 2361  aggregate total not to exceed $50, as penalties against special
 2362  districts that fail to remit required fees to the department. It
 2363  is the intent of the Legislature that general revenue funds will
 2364  be made available to the department to pay one-half of the cost
 2365  of administering this act.
 2366         Section 48. Section 189.428, Florida Statutes, is
 2367  transferred and renumbered as section 189.068, Florida Statutes,
 2368  and amended, to read:
 2369         189.068 189.428 Special districts; authority for oversight;
 2370  general oversight review process.—
 2371         (1) The Legislature finds it to be in the public interest
 2372  to establish an oversight review process for special districts
 2373  wherein each special district in the state may be reviewed by
 2374  the appropriate oversight entity as provided in this part local
 2375  general-purpose government in which the district exists. The
 2376  Legislature further finds and determines that such law fulfills
 2377  an important state interest. It is the intent of the Legislature
 2378  that the oversight review process shall contribute to informed
 2379  decisionmaking. These decisions may involve the continuing
 2380  existence or dissolution of a district, the appropriate future
 2381  role and focus of a district, improvements in the functioning or
 2382  delivery of services by a district, and the need for any
 2383  transition, adjustment, or special implementation periods or
 2384  provisions. Any final recommendations from the oversight review
 2385  process which that are adopted and implemented by the
 2386  appropriate level of government may shall not be implemented in
 2387  a manner that would impair the obligation of contracts.
 2388         (2) Special districts may be reviewed for general oversight
 2389  purposes under this section as follows: It is the intent of the
 2390  Legislature that any oversight review process be conducted in
 2391  conjunction with special district public facilities reporting
 2392  and the local government evaluation and appraisal report process
 2393  described in s. 189.415(2).
 2394         (3) The order in which Special districts may be subject to
 2395  oversight review shall be determined by the reviewer and shall
 2396  occur as follows:
 2397         (a) All special districts created by special act may be
 2398  reviewed by the Legislature using the public hearing process
 2399  provided in s. 189.034.
 2400         (b) All special districts created by local ordinance or
 2401  resolution may be reviewed by the local general-purpose
 2402  government that enacted the ordinance or resolution using the
 2403  public hearing process provided in s. 189.035.
 2404         (c) All dependent special districts may be reviewed by the
 2405  local general-purpose local government to which they are
 2406  dependent.
 2407         (d) All special districts created or established by rule of
 2408  the Governor and Cabinet may be reviewed as directed by the
 2409  Governor and Cabinet.
 2410         (e) Except as provided in paragraphs (a)-(d), all other
 2411  special districts may be reviewed as directed by the President
 2412  of the Senate and the Speaker of the House of Representatives.
 2413         (b) All single-county independent special districts may be
 2414  reviewed by a county or municipality in which they are located
 2415  or the government that created the district. Any single-county
 2416  independent district that serves an area greater than the
 2417  boundaries of one general-purpose local government may only be
 2418  reviewed by the county on the county’s own initiative or upon
 2419  receipt of a request from any municipality served by the special
 2420  district.
 2421         (c) All multicounty independent special districts may be
 2422  reviewed by the government that created the district. Any
 2423  general-purpose local governments within the boundaries of a
 2424  multicounty district may prepare a preliminary review of a
 2425  multicounty special district for possible reference or inclusion
 2426  in the full review report.
 2427         (d) Upon request by the reviewer, any special district
 2428  within all or a portion of the same county as the special
 2429  district being reviewed may prepare a preliminary review of the
 2430  district for possible reference or inclusion in the full
 2431  oversight review report.
 2432         (3)(4) All special districts, governmental entities, and
 2433  state agencies shall cooperate with the Legislature and with any
 2434  local general-purpose local government seeking information or
 2435  assistance with the oversight review process and with the
 2436  preparation of an oversight review report.
 2437         (4)(5) Those conducting the oversight review process shall,
 2438  at a minimum, consider the listed criteria for evaluating the
 2439  special district, but may also consider any additional factors
 2440  relating to the district and its performance. If any of the
 2441  listed criteria does not apply to the special district being
 2442  reviewed, it need not be considered. The criteria to be
 2443  considered by the reviewer include:
 2444         (a) The degree to which the service or services offered by
 2445  the special district are essential or contribute to the well
 2446  being of the community.
 2447         (b) The extent of continuing need for the service or
 2448  services currently provided by the special district.
 2449         (c) The extent of municipal annexation or incorporation
 2450  activity occurring or likely to occur within the boundaries of
 2451  the special district and its impact on the delivery of services
 2452  by the special district.
 2453         (d) Whether there is a less costly alternative method of
 2454  delivering the service or services that would adequately provide
 2455  the district residents with the services provided by the
 2456  district.
 2457         (e) Whether transfer of the responsibility for delivery of
 2458  the service or services to an entity other than the special
 2459  district being reviewed could be accomplished without
 2460  jeopardizing the district’s existing contracts, bonds, or
 2461  outstanding indebtedness.
 2462         (f) Whether the Auditor General has notified the
 2463  Legislative Auditing Committee that the special district’s audit
 2464  report, reviewed pursuant to s. 11.45(7), indicates that the
 2465  district has met any of the conditions specified in s.
 2466  218.503(1) or that a deteriorating financial condition exists
 2467  that may cause a condition described in s. 218.503(1) to occur
 2468  if actions are not taken to address such condition.
 2469         (g) Whether the district is inactive according to the
 2470  official list of special districts, and whether the district is
 2471  meeting and discharging its responsibilities as required by its
 2472  charter, as well as projected increases or decreases in district
 2473  activity.
 2474         (h) Whether the special district has failed to comply with
 2475  any of the reporting requirements in this chapter, including
 2476  preparation of the public facilities report.
 2477         (i) Whether the special district has designated a
 2478  registered office and agent as required by s. 189.014 189.416,
 2479  and has complied with all open public records and meeting
 2480  requirements.
 2481         (5)(6) Any special district may at any time provide the
 2482  Legislature and the local general-purpose local government
 2483  conducting the review or making decisions based upon the final
 2484  oversight review report with written responses to any questions,
 2485  concerns, preliminary reports, draft reports, or final reports
 2486  relating to the district.
 2487         (7) The final report of a reviewing government shall be
 2488  filed with the government that created the district and shall
 2489  serve as the basis for any modification to the district charter
 2490  or dissolution or merger of the district.
 2491         (8) If legislative dissolution or merger of a district is
 2492  proposed in the final report, the reviewing government shall
 2493  also propose a plan for the merger or dissolution, and the plan
 2494  shall address the following factors in evaluating the proposed
 2495  merger or dissolution:
 2496         (a) Whether, in light of independent fiscal analysis,
 2497  level-of-service implications, and other public policy
 2498  considerations, the proposed merger or dissolution is the best
 2499  alternative for delivering services and facilities to the
 2500  affected area.
 2501         (b) Whether the services and facilities to be provided
 2502  pursuant to the merger or dissolution will be compatible with
 2503  the capacity and uses of existing local services and facilities.
 2504         (c) Whether the merger or dissolution is consistent with
 2505  applicable provisions of the state comprehensive plan, the
 2506  strategic regional policy plan, and the local government
 2507  comprehensive plans of the affected area.
 2508         (d) Whether the proposed merger adequately provides for the
 2509  assumption of all indebtedness.
 2510  
 2511  The reviewing government shall consider the report in a public
 2512  hearing held within the jurisdiction of the district. If adopted
 2513  by the governing board of the reviewing government, the request
 2514  for legislative merger or dissolution of the district may
 2515  proceed. The adopted plan shall be filed as an attachment to the
 2516  economic impact statement regarding the proposed special act or
 2517  general act of local application dissolving a district.
 2518         (6)(9) This section does not apply to a deepwater port
 2519  listed in s. 311.09(1) which is in compliance with a port master
 2520  plan adopted pursuant to s. 163.3178(2)(k), or to an airport
 2521  authority operating in compliance with an airport master plan
 2522  approved by the Federal Aviation Administration, or to any
 2523  special district organized to operate health systems and
 2524  facilities licensed under chapter 395, chapter 400, or chapter
 2525  429.
 2526         Section 49. Section 189.429, Florida Statutes, is
 2527  transferred and renumbered as section 189.019, Florida Statutes,
 2528  and subsection (1) of that section is amended, to read:
 2529         189.019 189.429 Codification.—
 2530         (1) Each district, by December 1, 2004, shall submit to the
 2531  Legislature a draft codified charter, at its expense, so that
 2532  its special acts may be codified into a single act for
 2533  reenactment by the Legislature, if there is more than one
 2534  special act for the district. The Legislature may adopt a
 2535  schedule for individual district codification. Any codified act
 2536  relating to a district, which act is submitted to the
 2537  Legislature for reenactment, shall provide for the repeal of all
 2538  prior special acts of the Legislature relating to the district.
 2539  The codified act shall be filed with the department pursuant to
 2540  s. 189.016(2) 189.418(2).
 2541         Section 50. Sections 189.430, 189.431, 189.432, 189.433,
 2542  189.434, 189.435, 189.436, 189.437, 189.438, 189.439, 189.440,
 2543  189.441, 189.442, 189.443, and 189.444, Florida Statutes, are
 2544  repealed.
 2545         Section 51. Section 189.034, Florida Statutes, is created
 2546  to read:
 2547         189.034 Oversight of special districts created by special
 2548  act of the Legislature.—
 2549         (1) This section applies to any special district created by
 2550  special act of the Legislature.
 2551         (2) If a special district fails to file required reports or
 2552  requested information under ss. 11.45(7), 218.32, 218.39, or
 2553  218.503(3), with the appropriate state agency or office, the
 2554  Legislative Auditing Committee or its designee shall provide
 2555  written notice of the district’s noncompliance to the President
 2556  of the Senate, the Speaker of the House of Representatives, the
 2557  standing committees of the Senate and the House of
 2558  Representatives charged with special district oversight as
 2559  determined by the presiding officers of each respective chamber,
 2560  and the legislators who represent a portion of the geographical
 2561  jurisdiction of the special district.
 2562         (3) The Legislative Auditing Committee may convene a public
 2563  hearing on the issue of noncompliance, as well as general
 2564  oversight of the special district as provided in s. 189.068, at
 2565  the direction of the President of the Senate and the Speaker of
 2566  the House of Representatives.
 2567         (4) Before the public hearing as provided in subsection
 2568  (3), the special district shall provide the following
 2569  information at the request of the Legislative Auditing
 2570  Committee:
 2571         (a) The district’s annual financial report for the prior
 2572  fiscal year.
 2573         (b) The district’s audit report for the previous fiscal
 2574  year.
 2575         (c) An annual report for the previous fiscal year providing
 2576  a detailed review of the performance of the special district,
 2577  including the following information:
 2578         1. The purpose of the special district.
 2579         2. The sources of funding for the special district.
 2580         3. A description of the major activities, programs, and
 2581  initiatives the special district undertook in the most recently
 2582  completed fiscal year and the benchmarks or criteria under which
 2583  the success or failure of the district was determined by its
 2584  governing body.
 2585         4. Any challenges or obstacles faced by the special
 2586  district in fulfilling its purpose and related responsibilities.
 2587         5. Ways the special district believes it could better
 2588  fulfill its purpose and related responsibilities and a
 2589  description of the actions that it intends to take during the
 2590  ensuing fiscal year.
 2591         6. Proposed changes to the special act that established the
 2592  special district and justification for such changes.
 2593         7. Any other information reasonably required to provide the
 2594  Legislative Auditing Committee with an accurate understanding of
 2595  the purpose for which the special district exists and how it is
 2596  fulfilling its responsibilities to accomplish that purpose.
 2597         8. Any reasons for the district’s noncompliance.
 2598         9. Whether the district is currently in compliance.
 2599         10. Plans to correct any recurring issues of noncompliance.
 2600         11. Efforts to promote transparency, including maintenance
 2601  of the district’s website in accordance with s. 189.069.
 2602         Section 52. Section 189.035, Florida Statutes, is created
 2603  to read:
 2604         189.035 Oversight of special districts created by local
 2605  ordinance or resolution.—
 2606         (1) This section applies to any special district created by
 2607  local ordinance or resolution.
 2608         (2) If a special district fails to file required reports or
 2609  requested information under s. 11.45(7), s. 218.32, s. 218.39,
 2610  or s. 218.503(3) with the appropriate state agency or office,
 2611  the Legislative Auditing Committee or its designee shall provide
 2612  written notice of the district’s noncompliance to the chair or
 2613  equivalent of the local general-purpose government.
 2614         (3) The chair or equivalent of the local general-purpose
 2615  government may convene a public hearing on the issue of
 2616  noncompliance, as well as general oversight of the special
 2617  district as provided in s. 189.068, within 3 months after
 2618  receipt of notice of noncompliance from the Legislative Auditing
 2619  Committee. Within 30 days after receiving written notice of
 2620  noncompliance, the local general-purpose government shall notify
 2621  the Legislative Auditing Committee as to whether a hearing under
 2622  this section will be held and, if so, provide the date, time,
 2623  and place of the hearing.
 2624         (4) Before the public hearing as provided in subsection
 2625  (3), the special district shall provide the following
 2626  information at the request of the local general-purpose
 2627  government:
 2628         (a) The district’s annual financial report for the previous
 2629  fiscal year.
 2630         (b) The district’s audit report for the previous fiscal
 2631  year.
 2632         (c) An annual report for the previous fiscal year, which
 2633  must provide a detailed review of the performance of the special
 2634  district and include the following information:
 2635         1. The purpose of the special district.
 2636         2. The sources of funding for the special district.
 2637         3. A description of the major activities, programs, and
 2638  initiatives the special district undertook in the most recently
 2639  completed fiscal year and the benchmarks or criteria under which
 2640  the success or failure of the district was determined by its
 2641  governing body.
 2642         4. Any challenges or obstacles faced by the special
 2643  district in fulfilling its purpose and related responsibilities.
 2644         5. Ways in which the special district believes that it
 2645  could better fulfill its purpose and related responsibilities
 2646  and a description of the actions that it intends to take during
 2647  the ensuing fiscal year.
 2648         6. Proposed changes to the ordinance or resolution that
 2649  established the special district and justification for such
 2650  changes.
 2651         7. Any other information reasonably required to provide the
 2652  reviewing entity with an accurate understanding of the purpose
 2653  for which the special district exists and how it is fulfilling
 2654  its responsibilities to accomplish that purpose.
 2655         8. Any reasons for the district’s noncompliance.
 2656         9. Whether the district is currently in compliance.
 2657         10. Plans to correct any recurring issues of noncompliance.
 2658         11. Efforts to promote transparency, including maintenance
 2659  of the district’s website in accordance with s. 189.069.
 2660         (5) If the local general-purpose government convenes a
 2661  public hearing under this section, it shall provide the
 2662  department and the Legislative Auditing Committee with a report
 2663  containing its findings and conclusions within 60 days after
 2664  completion of the public hearing.
 2665         Section 53. Section 189.055, Florida Statutes, is created
 2666  to read:
 2667         189.055 Treatment of special districts.—For the purpose of
 2668  s. 196.199(1), special districts shall be treated as
 2669  municipalities.
 2670         Section 54. Section 189.069, Florida Statutes, is created
 2671  to read:
 2672         189.069 Special districts; required reporting of
 2673  information; web-based public access.—
 2674         (1) Beginning on October 1, 2015, or by the end of the
 2675  first full fiscal year after its creation, each special district
 2676  shall maintain an official Internet website containing the
 2677  information required by this section in accordance with s.
 2678  189.016. Special districts shall submit their official Internet
 2679  website addresses to the department.
 2680         (a) Independent special districts shall maintain a separate
 2681  Internet website.
 2682         (b) Dependent special districts shall be preeminently
 2683  displayed on the home page of the Internet website of the local
 2684  general-purpose government that created the special district
 2685  with a hyperlink to such webpages as are necessary to provide
 2686  the information required by this section. Dependent special
 2687  districts may maintain a separate Internet website providing the
 2688  information required by this section.
 2689         (2)(a) A special district shall post the following
 2690  information, at a minimum, on the district’s official website:
 2691         1. The full legal name of the special district.
 2692         2. The public purpose of the special district.
 2693         3. The name, address, e-mail address, and, if applicable,
 2694  the term and appointing authority for each member of the
 2695  governing body of the special district.
 2696         4. The fiscal year of the special district.
 2697         5. The full text of the special district’s charter, the
 2698  date of establishment, the establishing entity, and the statute
 2699  or statutes under which the special district operates, if
 2700  different from the statute or statutes under which the special
 2701  district was established. Community development districts may
 2702  reference chapter 190, as the uniform charter, but must include
 2703  information relating to any grant of special powers.
 2704         6. The mailing address, e-mail address, telephone number,
 2705  and Internet website uniform resource locator of the special
 2706  district.
 2707         7. A description of the boundaries or service area of, and
 2708  the services provided by, the special district.
 2709         8. A listing of all taxes, fees, assessments, or charges
 2710  imposed and collected by the special district, including the
 2711  rates or amounts for the fiscal year and the statutory authority
 2712  for the levy of the tax, fee, assessment, or charge. For
 2713  purposes of this subparagraph, charges do not include patient
 2714  charges by a hospital or other health care provider.
 2715         9. The primary contact information for the special district
 2716  for purposes of communication from the department.
 2717         10. A code of ethics adopted by the special district, if
 2718  applicable, and a hyperlink to generally applicable ethics
 2719  provisions.
 2720         11. The budget of each special district, in addition to
 2721  amendments in accordance with s. 189.418.
 2722         12. The final, complete audit report for the most recent
 2723  completed fiscal year, and audit reports required by law or
 2724  authorized by the governing body of the special district.
 2725         (b) The department’s Internet website list of special
 2726  districts in the state required under s. 189.061 shall include a
 2727  link for each special district that provides web-based access to
 2728  the public for all information and documentation required for
 2729  submission to the department pursuant to subsection (1).
 2730         Section 55. Paragraph (e) of subsection (1) and paragraph
 2731  (c) of subsection (7) of section 11.45, Florida Statutes, are
 2732  amended to read:
 2733         11.45 Definitions; duties; authorities; reports; rules.—
 2734         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
 2735         (e) “Local governmental entity” means a county agency,
 2736  municipality, or special district as defined in s. 189.012
 2737  189.403, but does not include any housing authority established
 2738  under chapter 421.
 2739         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2740         (c) The Auditor General shall provide annually a list of
 2741  those special districts which are not in compliance with s.
 2742  218.39 to the Special District Accountability Information
 2743  Program of the Department of Economic Opportunity.
 2744         Section 56. Paragraph (c) of subsection (4) of section
 2745  100.011, Florida Statutes, is amended to read:
 2746         100.011 Opening and closing of polls, all elections;
 2747  expenses.—
 2748         (4)
 2749         (c) The provisions of any special law to the contrary
 2750  notwithstanding, all independent and dependent special district
 2751  elections, with the exception of community development district
 2752  elections, shall be conducted in accordance with the
 2753  requirements of ss. 189.04 and 189.041 189.405 and 189.4051.
 2754         Section 57. Paragraph (f) of subsection (1) of section
 2755  101.657, Florida Statutes, is amended to read:
 2756         101.657 Early voting.—
 2757         (1)
 2758         (f) Notwithstanding the requirements of s. 189.04 189.405,
 2759  special districts may provide early voting in any district
 2760  election not held in conjunction with county or state elections.
 2761  If a special district provides early voting, it may designate as
 2762  many sites as necessary and shall conduct its activities in
 2763  accordance with the provisions of paragraphs (a)-(c). The
 2764  supervisor is not required to conduct early voting if it is
 2765  provided pursuant to this subsection.
 2766         Section 58. Paragraph (a) of subsection (14) of section
 2767  112.061, Florida Statutes, is amended to read:
 2768         112.061 Per diem and travel expenses of public officers,
 2769  employees, and authorized persons.—
 2770         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
 2771  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
 2772  ORGANIZATIONS.—
 2773         (a) The following entities may establish rates that vary
 2774  from the per diem rate provided in paragraph (6)(a), the
 2775  subsistence rates provided in paragraph (6)(b), or the mileage
 2776  rate provided in paragraph (7)(d) if those rates are not less
 2777  than the statutorily established rates that are in effect for
 2778  the 2005-2006 fiscal year:
 2779         1. The governing body of a county by the enactment of an
 2780  ordinance or resolution;
 2781         2. A county constitutional officer, pursuant to s. 1(d),
 2782  Art. VIII of the State Constitution, by the establishment of
 2783  written policy;
 2784         3. The governing body of a district school board by the
 2785  adoption of rules;
 2786         4. The governing body of a special district, as defined in
 2787  s. 189.012 189.403(1), except those special districts that are
 2788  subject to s. 166.021(9), by the enactment of a resolution; or
 2789         5. Any metropolitan planning organization created pursuant
 2790  to s. 339.175 or any other separate legal or administrative
 2791  entity created pursuant to s. 339.175 of which a metropolitan
 2792  planning organization is a member, by the enactment of a
 2793  resolution.
 2794         Section 59. Paragraph (d) of subsection (4) of section
 2795  112.63, Florida Statutes, is amended to read:
 2796         112.63 Actuarial reports and statements of actuarial
 2797  impact; review.—
 2798         (4) Upon receipt, pursuant to subsection (2), of an
 2799  actuarial report, or, pursuant to subsection (3), of a statement
 2800  of actuarial impact, the Department of Management Services shall
 2801  acknowledge such receipt, but shall only review and comment on
 2802  each retirement system’s or plan’s actuarial valuations at least
 2803  on a triennial basis.
 2804         (d) In the case of an affected special district, the
 2805  Department of Management Services shall also notify the
 2806  Department of Economic Opportunity. Upon receipt of
 2807  notification, the Department of Economic Opportunity shall
 2808  proceed pursuant to s. 189.067 189.421.
 2809         1. Failure of a special district to provide a required
 2810  report or statement, to make appropriate adjustments, or to
 2811  provide additional material information after the procedures
 2812  specified in s. 189.067(1) 189.421(1) are exhausted shall be
 2813  deemed final action by the special district.
 2814         2. The Department of Management Services may notify the
 2815  Department of Economic Opportunity of those special districts
 2816  that failed to come into compliance. Upon receipt of
 2817  notification, the Department of Economic Opportunity shall
 2818  proceed pursuant to s. 189.067(4) 189.421(4).
 2819         Section 60. Subsection (1) of section 112.665, Florida
 2820  Statutes, is amended to read:
 2821         112.665 Duties of Department of Management Services.—
 2822         (1) The Department of Management Services shall:
 2823         (a) Gather, catalog, and maintain complete, computerized
 2824  data information on all public employee retirement systems or
 2825  plans in the state based upon a review of audits, reports, and
 2826  other data pertaining to the systems or plans;
 2827         (b) Receive and comment upon all actuarial reviews of
 2828  retirement systems or plans maintained by units of local
 2829  government;
 2830         (c) Cooperate with local retirement systems or plans on
 2831  matters of mutual concern and provide technical assistance to
 2832  units of local government in the assessment and revision of
 2833  retirement systems or plans;
 2834         (d) Annually issue, by January 1, a report to the President
 2835  of the Senate and the Speaker of the House of Representatives,
 2836  which details division activities, findings, and recommendations
 2837  concerning all governmental retirement systems. The report may
 2838  include legislation proposed to carry out such recommendations;
 2839         (e) Provide a fact sheet for each participating local
 2840  government defined benefit pension plan which summarizes the
 2841  plan’s actuarial status. The fact sheet should provide a summary
 2842  of the plan’s most current actuarial data, minimum funding
 2843  requirements as a percentage of pay, and a 5-year history of
 2844  funded ratios. The fact sheet must include a brief explanation
 2845  of each element in order to maximize the transparency of the
 2846  local government plans. The fact sheet must also contain the
 2847  information specified in s. 112.664(1). These documents shall be
 2848  posted on the department’s website. Plan sponsors that have
 2849  websites must provide a link to the department’s website;
 2850         (f) Annually issue, by January 1, a report to the Special
 2851  District Accountability Information Program of the Department of
 2852  Economic Opportunity which includes the participation in and
 2853  compliance of special districts with the local government
 2854  retirement system provisions in s. 112.63 and the state
 2855  administered retirement system provisions specified in part I of
 2856  chapter 121; and
 2857         (g) Adopt reasonable rules to administer this part.
 2858         Section 61. Subsection (9) of section 121.021, Florida
 2859  Statutes, is amended to read:
 2860         121.021 Definitions.—The following words and phrases as
 2861  used in this chapter have the respective meanings set forth
 2862  unless a different meaning is plainly required by the context:
 2863         (9) “Special district” means an independent special
 2864  district as defined in s. 189.012 189.403(3).
 2865         Section 62. Paragraph (b) of subsection (2) of section
 2866  121.051, Florida Statutes, is amended to read:
 2867         121.051 Participation in the system.—
 2868         (2) OPTIONAL PARTICIPATION.—
 2869         (b)1. The governing body of any municipality, metropolitan
 2870  planning organization, or special district in the state may
 2871  elect to participate in the Florida Retirement System upon
 2872  proper application to the administrator and may cover all of its
 2873  units as approved by the Secretary of Health and Human Services
 2874  and the administrator. The department shall adopt rules
 2875  establishing procedures for the submission of documents
 2876  necessary for such application. Before being approved for
 2877  participation in the system, the governing body of a
 2878  municipality, metropolitan planning organization, or special
 2879  district that has a local retirement system must submit to the
 2880  administrator a certified financial statement showing the
 2881  condition of the local retirement system within 3 months before
 2882  the proposed effective date of membership in the Florida
 2883  Retirement System. The statement must be certified by a
 2884  recognized accounting firm that is independent of the local
 2885  retirement system. All required documents necessary for
 2886  extending Florida Retirement System coverage must be received by
 2887  the department for consideration at least 15 days before the
 2888  proposed effective date of coverage. If the municipality,
 2889  metropolitan planning organization, or special district does not
 2890  comply with this requirement, the department may require that
 2891  the effective date of coverage be changed.
 2892         2. A municipality, metropolitan planning organization, or
 2893  special district that has an existing retirement system covering
 2894  the employees in the units that are to be brought under the
 2895  Florida Retirement System may participate only after holding a
 2896  referendum in which all employees in the affected units have the
 2897  right to participate. Only those employees electing coverage
 2898  under the Florida Retirement System by affirmative vote in the
 2899  referendum are eligible for coverage under this chapter, and
 2900  those not participating or electing not to be covered by the
 2901  Florida Retirement System shall remain in their present systems
 2902  and are not eligible for coverage under this chapter. After the
 2903  referendum is held, all future employees are compulsory members
 2904  of the Florida Retirement System.
 2905         3. At the time of joining the Florida Retirement System,
 2906  the governing body of a municipality, metropolitan planning
 2907  organization, or special district complying with subparagraph 1.
 2908  may elect to provide, or not provide, benefits based on past
 2909  service of officers and employees as described in s. 121.081(1).
 2910  However, if such employer elects to provide past service
 2911  benefits, such benefits must be provided for all officers and
 2912  employees of its covered group.
 2913         4. Once this election is made and approved it may not be
 2914  revoked, except pursuant to subparagraphs 5. and 6., and all
 2915  present officers and employees electing coverage and all future
 2916  officers and employees are compulsory members of the Florida
 2917  Retirement System.
 2918         5. Subject to subparagraph 6., the governing body of a
 2919  hospital licensed under chapter 395 which is governed by the
 2920  governing body board of a special district as defined in s.
 2921  189.012 189.403 or by the board of trustees of a public health
 2922  trust created under s. 154.07, hereinafter referred to as
 2923  “hospital district,” and which participates in the Florida
 2924  Retirement System, may elect to cease participation in the
 2925  system with regard to future employees in accordance with the
 2926  following:
 2927         a. No more than 30 days and at least 7 days before adopting
 2928  a resolution to partially withdraw from the system and establish
 2929  an alternative retirement plan for future employees, a public
 2930  hearing must be held on the proposed withdrawal and proposed
 2931  alternative plan.
 2932         b. From 7 to 15 days before such hearing, notice of intent
 2933  to withdraw, specifying the time and place of the hearing, must
 2934  be provided in writing to employees of the hospital district
 2935  proposing partial withdrawal and must be published in a
 2936  newspaper of general circulation in the area affected, as
 2937  provided by ss. 50.011-50.031. Proof of publication must be
 2938  submitted to the Department of Management Services.
 2939         c. The governing body of a hospital district seeking to
 2940  partially withdraw from the system must, before such hearing,
 2941  have an actuarial report prepared and certified by an enrolled
 2942  actuary, as defined in s. 112.625, illustrating the cost to the
 2943  hospital district of providing, through the retirement plan that
 2944  the hospital district is to adopt, benefits for new employees
 2945  comparable to those provided under the system.
 2946         d. Upon meeting all applicable requirements of this
 2947  subparagraph, and subject to subparagraph 6., partial withdrawal
 2948  from the system and adoption of the alternative retirement plan
 2949  may be accomplished by resolution duly adopted by the hospital
 2950  district board. The hospital district board must provide written
 2951  notice of such withdrawal to the division by mailing a copy of
 2952  the resolution to the division, postmarked by December 15, 1995.
 2953  The withdrawal shall take effect January 1, 1996.
 2954         6. Following the adoption of a resolution under sub
 2955  subparagraph 5.d., all employees of the withdrawing hospital
 2956  district who were members of the system before January 1, 1996,
 2957  shall remain as members of the system for as long as they are
 2958  employees of the hospital district, and all rights, duties, and
 2959  obligations between the hospital district, the system, and the
 2960  employees remain in full force and effect. Any employee who is
 2961  hired or appointed on or after January 1, 1996, may not
 2962  participate in the system, and the withdrawing hospital district
 2963  has no obligation to the system with respect to such employees.
 2964         Section 63. Subsection (1) of section 153.94, Florida
 2965  Statutes, is amended to read:
 2966         153.94 Applicability of other laws.—Except as expressly
 2967  provided in this act:
 2968         (1) With respect to any wastewater facility privatization
 2969  contract entered into under this act, a public entity is subject
 2970  to s. 125.3401, s. 180.301, s. 189.054 189.423, or s. 190.0125
 2971  but is not subject to the requirements of chapter 287.
 2972         Section 64. Paragraph (a) of subsection (2) of section
 2973  163.08, Florida Statutes, is amended to read:
 2974         163.08 Supplemental authority for improvements to real
 2975  property.—
 2976         (2) As used in this section, the term:
 2977         (a) “Local government” means a county, a municipality, a
 2978  dependent special district as defined in s. 189.012 189.403, or
 2979  a separate legal entity created pursuant to s. 163.01(7).
 2980         Section 65. Subsection (7) of section 165.031, Florida
 2981  Statutes, is amended to read:
 2982         165.031 Definitions.—The following terms and phrases, when
 2983  used in this chapter, shall have the meanings ascribed to them
 2984  in this section, except where the context clearly indicates a
 2985  different meaning:
 2986         (7) “Special district” means a local unit of special
 2987  government, as defined in s. 189.012 189.403(1). This term
 2988  includes dependent special districts, as defined in s. 189.012
 2989  189.403(2), and independent special districts, as defined in s.
 2990  189.012 189.403(3). All provisions of s. 200.001(8)(d) and (e)
 2991  shall be considered provisions of this chapter.
 2992         Section 66. Paragraph (b) of subsection (1) and subsections
 2993  (8) and (16) of section 165.0615, Florida Statutes, are amended
 2994  to read:
 2995         165.0615 Municipal conversion of independent special
 2996  districts upon elector-initiated and approved referendum.—
 2997         (1) The qualified electors of an independent special
 2998  district may commence a municipal conversion proceeding by
 2999  filing a petition with the governing body of the independent
 3000  special district proposed to be converted if the district meets
 3001  all of the following criteria:
 3002         (b) It is designated as an improvement district and created
 3003  pursuant to chapter 298 or is designated as a stewardship
 3004  district and created pursuant to s. 189.031 189.404.
 3005         (8) Notice of the final public hearing on the proposed
 3006  elector-initiated combined municipal incorporation plan must be
 3007  published pursuant to the notice requirements in s. 189.015
 3008  189.417 and must provide a descriptive summary of the elector
 3009  initiated municipal incorporation plan and a reference to the
 3010  public places within the independent special district where a
 3011  copy of the plan may be examined.
 3012         (16) If the incorporation plan is approved by a majority of
 3013  the votes cast in the independent special district, the district
 3014  shall notify the special district accountability information
 3015  program pursuant to s. 189.016(2) 189.418(2) and the local
 3016  general-purpose governments in which any part of the independent
 3017  special district is situated pursuant to s. 189.016(7)
 3018  189.418(7).
 3019         Section 67. Subsection (3) of section 171.202, Florida
 3020  Statutes, is amended to read:
 3021         171.202 Definitions.—As used in this part, the term:
 3022         (3) “Independent special district” means an independent
 3023  special district, as defined in s. 189.012 189.403, which
 3024  provides fire, emergency medical, water, wastewater, or
 3025  stormwater services.
 3026         Section 68. Subsection (16) of section 175.032, Florida
 3027  Statutes, is amended to read:
 3028         175.032 Definitions.—For any municipality, special fire
 3029  control district, chapter plan, local law municipality, local
 3030  law special fire control district, or local law plan under this
 3031  chapter, the following words and phrases have the following
 3032  meanings:
 3033         (16) “Special fire control district” means a special
 3034  district, as defined in s. 189.012 189.403(1), established for
 3035  the purposes of extinguishing fires, protecting life, and
 3036  protecting property within the incorporated or unincorporated
 3037  portions of any county or combination of counties, or within any
 3038  combination of incorporated and unincorporated portions of any
 3039  county or combination of counties. The term does not include any
 3040  dependent or independent special district, as defined in s.
 3041  189.012 189.403(2) and (3), respectively, the employees of which
 3042  are members of the Florida Retirement System pursuant to s.
 3043  121.051(1) or (2).
 3044         Section 69. Subsection (6) of section 190.011, Florida
 3045  Statutes, is amended to read:
 3046         190.011 General powers.—The district shall have, and the
 3047  body board may exercise, the following powers:
 3048         (6) To maintain an office at such place or places as it may
 3049  designate within a county in which the district is located or
 3050  within the boundaries of a development of regional impact or a
 3051  Florida Quality Development, or a combination of a development
 3052  of regional impact and a Florida Quality Development, which
 3053  includes the district, which office must be reasonably
 3054  accessible to the landowners. Meetings pursuant to s. 189.015(3)
 3055  189.417(3) of a district within the boundaries of a development
 3056  of regional impact or Florida Quality Development, or a
 3057  combination of a development of regional impact and a Florida
 3058  Quality Development, may be held at such office.
 3059         Section 70. Subsection (8) of section 190.046, Florida
 3060  Statutes, is amended to read:
 3061         190.046 Termination, contraction, or expansion of
 3062  district.—
 3063         (8) In the event the district has become inactive pursuant
 3064  to s. 189.062 189.4044, the respective board of county
 3065  commissioners or city commission shall be informed and it shall
 3066  take appropriate action.
 3067         Section 71. Section 190.049, Florida Statutes, is amended
 3068  to read:
 3069         190.049 Special acts prohibited.—Pursuant to s. 11(a)(21),
 3070  Art. III of the State Constitution, there shall be no special
 3071  law or general law of local application creating an independent
 3072  special district which has the powers enumerated in two or more
 3073  of the paragraphs contained in s. 190.012, unless such district
 3074  is created pursuant to the provisions of s. 189.031 189.404.
 3075         Section 72. Subsection (5) of section 191.003, Florida
 3076  Statutes, is amended to read:
 3077         191.003 Definitions.—As used in this act:
 3078         (5) “Independent special fire control district” means an
 3079  independent special district as defined in s. 189.012 189.403,
 3080  created by special law or general law of local application,
 3081  providing fire suppression and related activities within the
 3082  jurisdictional boundaries of the district. The term does not
 3083  include a municipality, a county, a dependent special district
 3084  as defined in s. 189.012 189.403, a district providing primarily
 3085  emergency medical services, a community development district
 3086  established under chapter 190, or any other multiple-power
 3087  district performing fire suppression and related services in
 3088  addition to other services.
 3089         Section 73. Paragraph (a) of subsection (1) and subsection
 3090  (8) of section 191.005, Florida Statutes, are amended to read:
 3091         191.005 District boards of commissioners; membership,
 3092  officers, meetings.—
 3093         (1)(a) With the exception of districts whose governing
 3094  boards are appointed collectively by the Governor, the county
 3095  commission, and any cooperating city within the county, the
 3096  business affairs of each district shall be conducted and
 3097  administered by a five-member board. All three-member boards
 3098  existing on the effective date of this act shall be converted to
 3099  five-member boards, except those permitted to continue as a
 3100  three-member board by special act adopted in 1997 or thereafter.
 3101  The board shall be elected in nonpartisan elections by the
 3102  electors of the district. Except as provided in this act, such
 3103  elections shall be held at the time and in the manner prescribed
 3104  by law for holding general elections in accordance with s.
 3105  189.04(2)(a) 189.405(2)(a) and (3), and each member shall be
 3106  elected for a term of 4 years and serve until the member’s
 3107  successor assumes office. Candidates for the board of a district
 3108  shall qualify as directed by chapter 99.
 3109         (8) All meetings of the board shall be open to the public
 3110  consistent with chapter 286, s. 189.015 189.417, and other
 3111  applicable general laws.
 3112         Section 74. Subsection (2) of section 191.013, Florida
 3113  Statutes, is amended to read:
 3114         191.013 Intergovernmental coordination.—
 3115         (2) Each independent special fire control district shall
 3116  adopt a 5-year plan to identify the facilities, equipment,
 3117  personnel, and revenue needed by the district during that 5-year
 3118  period. The plan shall be updated in accordance with s. 189.08
 3119  189.415 and shall satisfy the requirement for a public
 3120  facilities report required by s. 189.08(2) 189.415(2).
 3121         Section 75. Subsection (1) of section 191.014, Florida
 3122  Statutes, is amended to read:
 3123         191.014 District creation and expansion.—
 3124         (1) New districts may be created only by the Legislature
 3125  under s. 189.031 189.404.
 3126         Section 76. Section 191.015, Florida Statutes, is amended
 3127  to read:
 3128         191.015 Codification.—Each fire control district existing
 3129  on the effective date of this section, by December 1, 2004,
 3130  shall submit to the Legislature a draft codified charter, at its
 3131  expense, so that its special acts may be codified into a single
 3132  act for reenactment by the Legislature, if there is more than
 3133  one special act for the district. The Legislature may adopt a
 3134  schedule for individual district codification. Any codified act
 3135  relating to a district, which act is submitted to the
 3136  Legislature for reenactment, shall provide for the repeal of all
 3137  prior special acts of the Legislature relating to the district.
 3138  The codified act shall be filed with the Department of Economic
 3139  Opportunity pursuant to s. 189.016(2) 189.418(2).
 3140         Section 77. Paragraphs (c), (d), and (e) of subsection (8)
 3141  of section 200.001, Florida Statutes, are amended to read:
 3142         200.001 Millages; definitions and general provisions.—
 3143         (8)
 3144         (c) “Special district” means a special district as defined
 3145  in s. 189.012 189.403(1).
 3146         (d) “Dependent special district” means a dependent special
 3147  district as defined in s. 189.012 189.403(2). Dependent special
 3148  district millage, when added to the millage of the governing
 3149  body to which it is dependent, shall not exceed the maximum
 3150  millage applicable to such governing body.
 3151         (e) “Independent special district” means an independent
 3152  special district as defined in s. 189.012 189.403(3), with the
 3153  exception of a downtown development authority established prior
 3154  to the effective date of the 1968 State Constitution as an
 3155  independent body, either appointed or elected, regardless of
 3156  whether or not the budget is approved by the local governing
 3157  body, if the district levies a millage authorized as of the
 3158  effective date of the 1968 State Constitution. Independent
 3159  special district millage shall not be levied in excess of a
 3160  millage amount authorized by general law and approved by vote of
 3161  the electors pursuant to s. 9(b), Art. VII of the State
 3162  Constitution, except for those independent special districts
 3163  levying millage for water management purposes as provided in
 3164  that section and municipal service taxing units as specified in
 3165  s. 125.01(1)(q) and (r). However, independent special district
 3166  millage authorized as of the date the 1968 State Constitution
 3167  became effective need not be so approved, pursuant to s. 2, Art.
 3168  XII of the State Constitution.
 3169         Section 78. Subsections (1), (5), (6), and (7) of section
 3170  218.31, Florida Statutes, are amended to read:
 3171         218.31 Definitions.—As used in this part, except where the
 3172  context clearly indicates a different meaning:
 3173         (1) “Local governmental entity” means a county agency, a
 3174  municipality, or a special district as defined in s. 189.012
 3175  189.403. For purposes of s. 218.32, the term also includes a
 3176  housing authority created under chapter 421.
 3177         (5) “Special district” means a special district as defined
 3178  in s. 189.012 189.403(1).
 3179         (6) “Dependent special district” means a dependent special
 3180  district as defined in s. 189.012 189.403(2).
 3181         (7) “Independent special district” means an independent
 3182  special district as defined in s. 189.012 189.403(3).
 3183         Section 79. Paragraphs (a) and (f) of subsection (1) and
 3184  subsection (2) of section 218.32, Florida Statutes, are amended
 3185  to read:
 3186         218.32 Annual financial reports; local governmental
 3187  entities.—
 3188         (1)(a) Each local governmental entity that is determined to
 3189  be a reporting entity, as defined by generally accepted
 3190  accounting principles, and each independent special district as
 3191  defined in s. 189.012 189.403, shall submit to the department a
 3192  copy of its annual financial report for the previous fiscal year
 3193  in a format prescribed by the department. The annual financial
 3194  report must include a list of each local governmental entity
 3195  included in the report and each local governmental entity that
 3196  failed to provide financial information as required by paragraph
 3197  (b). The chair of the governing body and the chief financial
 3198  officer of each local governmental entity shall sign the annual
 3199  financial report submitted pursuant to this subsection attesting
 3200  to the accuracy of the information included in the report. The
 3201  county annual financial report must be a single document that
 3202  covers each county agency.
 3203         (f) If the department does not receive a completed annual
 3204  financial report from a local governmental entity within the
 3205  required period, it shall notify the Legislative Auditing
 3206  Committee and the Special District Accountability Information
 3207  Program of the Department of Economic Opportunity of the
 3208  entity’s failure to comply with the reporting requirements.
 3209         (2) The department shall annually by December 1 file a
 3210  verified report with the Governor, the Legislature, the Auditor
 3211  General, and the Special District Accountability Information
 3212  Program of the Department of Economic Opportunity showing the
 3213  revenues, both locally derived and derived from
 3214  intergovernmental transfers, and the expenditures of each local
 3215  governmental entity, regional planning council, local government
 3216  finance commission, and municipal power corporation that is
 3217  required to submit an annual financial report. The report must
 3218  include, but is not limited to:
 3219         (a) The total revenues and expenditures of each local
 3220  governmental entity that is a component unit included in the
 3221  annual financial report of the reporting entity.
 3222         (b) The amount of outstanding long-term debt by each local
 3223  governmental entity. For purposes of this paragraph, the term
 3224  “long-term debt” means any agreement or series of agreements to
 3225  pay money, which, at inception, contemplate terms of payment
 3226  exceeding 1 year in duration.
 3227         Section 80. Paragraph (g) of subsection (1) of section
 3228  218.37, Florida Statutes, is amended to read:
 3229         218.37 Powers and duties of Division of Bond Finance;
 3230  advisory council.—
 3231         (1) The Division of Bond Finance of the State Board of
 3232  Administration, with respect to both general obligation bonds
 3233  and revenue bonds, shall:
 3234         (g) By January 1 each year, provide the Special District
 3235  Accountability Information Program of the Department of Economic
 3236  Opportunity with a list of special districts that are not in
 3237  compliance with the requirements in s. 218.38.
 3238         Section 81. Paragraph (j) of subsection (1) of section
 3239  255.20, Florida Statutes, is amended to read:
 3240         255.20 Local bids and contracts for public construction
 3241  works; specification of state-produced lumber.—
 3242         (1) A county, municipality, special district as defined in
 3243  chapter 189, or other political subdivision of the state seeking
 3244  to construct or improve a public building, structure, or other
 3245  public construction works must competitively award to an
 3246  appropriately licensed contractor each project that is estimated
 3247  in accordance with generally accepted cost-accounting principles
 3248  to cost more than $300,000. For electrical work, the local
 3249  government must competitively award to an appropriately licensed
 3250  contractor each project that is estimated in accordance with
 3251  generally accepted cost-accounting principles to cost more than
 3252  $75,000. As used in this section, the term “competitively award”
 3253  means to award contracts based on the submission of sealed bids,
 3254  proposals submitted in response to a request for proposal,
 3255  proposals submitted in response to a request for qualifications,
 3256  or proposals submitted for competitive negotiation. This
 3257  subsection expressly allows contracts for construction
 3258  management services, design/build contracts, continuation
 3259  contracts based on unit prices, and any other contract
 3260  arrangement with a private sector contractor permitted by any
 3261  applicable municipal or county ordinance, by district
 3262  resolution, or by state law. For purposes of this section, cost
 3263  includes the cost of all labor, except inmate labor, and the
 3264  cost of equipment and materials to be used in the construction
 3265  of the project. Subject to the provisions of subsection (3), the
 3266  county, municipality, special district, or other political
 3267  subdivision may establish, by municipal or county ordinance or
 3268  special district resolution, procedures for conducting the
 3269  bidding process.
 3270         (j) A county, municipality, special district as defined in
 3271  s. 189.012 189.403, or any other political subdivision of the
 3272  state that owns or operates a public-use airport as defined in
 3273  s. 332.004 is exempt from this section when performing repairs
 3274  or maintenance on the airport’s buildings, structures, or public
 3275  construction works using the local government’s own services,
 3276  employees, and equipment.
 3277         Section 82. Subsection (4) of section 298.225, Florida
 3278  Statutes, is amended to read:
 3279         298.225 Water control plan; plan development and
 3280  amendment.—
 3281         (4) Information contained within a district’s facilities
 3282  plan prepared pursuant to s. 189.08 189.415 which satisfies any
 3283  of the provisions of subsection (3) may be used as part of the
 3284  district water control plan.
 3285         Section 83. Subsection (7) of section 343.922, Florida
 3286  Statutes, is amended to read:
 3287         343.922 Powers and duties.—
 3288         (7) The authority shall comply with all statutory
 3289  requirements of general application which relate to the filing
 3290  of any report or documentation required by law, including the
 3291  requirements of ss. 189.015, 189.016, 189.051, and 189.08
 3292  189.4085, 189.415, 189.417, and 189.418.
 3293         Section 84. Subsection (5) of section 348.0004, Florida
 3294  Statutes, is amended to read:
 3295         348.0004 Purposes and powers.—
 3296         (5) Any authority formed pursuant to this act shall comply
 3297  with all statutory requirements of general application which
 3298  relate to the filing of any report or documentation required by
 3299  law, including the requirements of ss. 189.015, 189.016,
 3300  189.051, and 189.08 189.4085, 189.415, 189.417, and 189.418.
 3301         Section 85. Section 373.711, Florida Statutes, is amended
 3302  to read:
 3303         373.711 Technical assistance to local governments.—The
 3304  water management districts shall assist local governments in the
 3305  development and future revision of local government
 3306  comprehensive plan elements or public facilities report as
 3307  required by s. 189.08 189.415, related to water resource issues.
 3308         Section 86. Paragraph (b) of subsection (3) of section
 3309  403.0891, Florida Statutes, is amended to read:
 3310         403.0891 State, regional, and local stormwater management
 3311  plans and programs.—The department, the water management
 3312  districts, and local governments shall have the responsibility
 3313  for the development of mutually compatible stormwater management
 3314  programs.
 3315         (3)
 3316         (b) Local governments are encouraged to consult with the
 3317  water management districts, the Department of Transportation,
 3318  and the department before adopting or updating their local
 3319  government comprehensive plan or public facilities report as
 3320  required by s. 189.08 189.415, whichever is applicable.
 3321         Section 87. Subsection (1) of section 582.32, Florida
 3322  Statutes, is amended to read:
 3323         582.32 Effect of dissolution.—
 3324         (1) Upon issuance of a certificate of dissolution, s.
 3325  189.076(2) 189.4045(2) applies and all land use regulations in
 3326  effect within such districts are void.
 3327         Section 88. Paragraph (a) of subsection (3) of section
 3328  1013.355, Florida Statutes, is amended to read:
 3329         1013.355 Educational facilities benefit districts.—
 3330         (3)(a) An educational facilities benefit district may be
 3331  created pursuant to this act and chapters 125, 163, 166, and
 3332  189. An educational facilities benefit district charter may be
 3333  created by a county or municipality by entering into an
 3334  interlocal agreement, as authorized by s. 163.01, with the
 3335  district school board and any local general-purpose general
 3336  purpose government within whose jurisdiction a portion of the
 3337  district is located and adoption of an ordinance that includes
 3338  all provisions contained within s. 189.02 189.4041. The creating
 3339  entity shall be the local general purpose government within
 3340  whose boundaries a majority of the educational facilities
 3341  benefit district’s lands are located.
 3342         Section 89. This act shall take effect July 1, 2014.