Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/CS/HB 599, 1st Eng.
Ì887156CÎ887156
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: WD/2R .
03/03/2016 11:18 AM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Flores moved the following:
1 Senate Amendment to Amendment (909994) (with title
2 amendment)
3
4 Between lines 758 and 759
5 insert:
6 Section 11. Paragraph (b) of subsection (1) and paragraph
7 (b) of subsection (4) of section 125.901, Florida Statutes, are
8 amended to read
9 125.901 Children’s services; independent special district;
10 council; powers, duties, and functions; public records
11 exemption.—
12 (1) Each county may by ordinance create an independent
13 special district, as defined in ss. 189.012 and 200.001(8)(e),
14 to provide funding for children’s services throughout the county
15 in accordance with this section. The boundaries of such district
16 shall be coterminous with the boundaries of the county. The
17 county governing body shall obtain approval, by a majority vote
18 of those electors voting on the question, to annually levy ad
19 valorem taxes which shall not exceed the maximum millage rate
20 authorized by this section. Any district created pursuant to the
21 provisions of this subsection shall be required to levy and fix
22 millage subject to the provisions of s. 200.065. Once such
23 millage is approved by the electorate, the district shall not be
24 required to seek approval of the electorate in future years to
25 levy the previously approved millage.
26 (b) However, any county as defined in s. 125.011(1) may
27 instead have a governing body consisting of 33 members,
28 including: the superintendent of schools or the superintendent’s
29 designee; two representatives of public postsecondary education
30 institutions located in the county; the county manager or the
31 equivalent county officer; the district administrator from the
32 appropriate district of the Department of Children and Families,
33 or the administrator’s designee who is a member of the Senior
34 Management Service or the Selected Exempt Service; the director
35 of the county health department or the director’s designee; the
36 state attorney for the county or the state attorney’s designee;
37 the chief judge assigned to juvenile cases, or another juvenile
38 judge who is the chief judge’s designee and who shall sit as a
39 voting member of the board, except that the judge may not vote
40 or participate in setting ad valorem taxes under this section;
41 an individual who is selected by the board of the local United
42 Way or its equivalent; a member of a locally recognized faith
43 based coalition, selected by that coalition; a member of the
44 local chamber of commerce, selected by that chamber or, if more
45 than one chamber exists within the county, a person selected by
46 a coalition of the local chambers; a member of the early
47 learning coalition, selected by that coalition; a representative
48 of a labor organization or union active in the county; a member
49 of a local alliance or coalition engaged in cross-system
50 planning for health and social service delivery in the county,
51 selected by that alliance or coalition; a member of the local
52 Parent-Teachers Association/Parent-Teacher-Student Association,
53 selected by that association; a youth representative selected by
54 the local school system’s student government; a local school
55 board member appointed by the chair of the school board; the
56 mayor of the county or the mayor’s designee; one member of the
57 county governing body, appointed by the chair of that body; a
58 member of the state Legislature who represents residents of the
59 county, selected by the chair of the local legislative
60 delegation; an elected official representing the residents of a
61 municipality in the county, selected by the county municipal
62 league; and 4 members-at-large, appointed to the council by the
63 majority of sitting council members. The remaining 7 members
64 shall be appointed by the Governor in accordance with procedures
65 set forth in paragraph (a), except that the Governor may remove
66 a member for cause or upon the written petition of the council.
67 Appointments by the Governor must, to the extent reasonably
68 possible, represent the geographic and demographic diversity of
69 the population of the county. Members who are appointed to the
70 council by reason of their position are not subject to the
71 length of terms and limits on consecutive terms as provided in
72 this section. The remaining appointed members of the governing
73 body shall be appointed to serve 2-year terms, except that those
74 members appointed by the Governor shall be appointed to serve 4
75 year terms, and the youth representative and the legislative
76 delegate shall be appointed to serve 1-year terms. A member may
77 be reappointed; however, a member may not serve for more than
78 three consecutive terms. A member is eligible to be appointed
79 again after a 2-year hiatus from the council.
80 (4)
81 (b)1.a. Notwithstanding paragraph (a), the governing body
82 of the county shall submit the question of retention or
83 dissolution of a district with voter-approved taxing authority
84 to the electorate in the general election according to the
85 following schedule:
86 (I) For a district in existence on July 1, 2010, and
87 serving a county with a population of 400,000 or fewer persons
88 as of that date............................................2014.
89 (II) For a district in existence on July 1, 2010, and
90 serving a county with a population of 2 million or more persons
91 as of that date, unless the governing body of the county has
92 previously submitted such question voluntarily to the electorate
93 for a second time since 2005...............................2020.
94 b. A referendum by the electorate on or after July 1, 2010,
95 creating a new district with taxing authority may specify that
96 the district is not subject to reauthorization or may specify
97 the number of years for which the initial authorization shall
98 remain effective. If the referendum does not prescribe terms of
99 reauthorization, the governing body of the county shall submit
100 the question of retention or dissolution of the district to the
101 electorate in the general election 12 years after the initial
102 authorization.
103 2. The governing body of the district may specify, and
104 submit to the governing body of the county no later than 9
105 months before the scheduled election, that the district is not
106 subsequently subject to reauthorization or may specify the
107 number of years for which a reauthorization under this paragraph
108 shall remain effective. If the governing body of the district
109 makes such specification and submission, the governing body of
110 the county shall include that information in the question
111 submitted to the electorate. If the governing body of the
112 district does not specify and submit such information, the
113 governing body of the county shall resubmit the question of
114 reauthorization to the electorate every 12 years after the year
115 prescribed in subparagraph 1. The governing body of the district
116 may recommend to the governing body of the county language for
117 the question submitted to the electorate.
118 3. Nothing in this paragraph limits the authority to
119 dissolve a district as provided under paragraph (a).
120 4. Nothing in this paragraph precludes the governing body
121 of a district from requesting that the governing body of the
122 county submit the question of retention or dissolution of a
123 district with voter-approved taxing authority to the electorate
124 at a date earlier than the year prescribed in subparagraph 1. If
125 the governing body of the county accepts the request and submits
126 the question to the electorate, the governing body satisfies the
127 requirement of that subparagraph.
128
129 If any district is dissolved pursuant to this subsection, each
130 county must first obligate itself to assume the debts,
131 liabilities, contracts, and outstanding obligations of the
132 district within the total millage available to the county
133 governing body for all county and municipal purposes as provided
134 for under s. 9, Art. VII of the State Constitution. Any district
135 may also be dissolved pursuant to part VII of chapter 189.
136
137 ================= T I T L E A M E N D M E N T ================
138 And the title is amended as follows:
139 Delete line 1265
140 and insert:
141 department to file a written notification; amending s.
142 125.901, F.S.; revising requirements related to the
143 governing body of certain counties; revising
144 requirements related to a certain schedule by which
145 the governing body of a county must submit certain
146 information to the electorate in the general election;
147 creating s.