Florida Senate - 2020                                    SB 1522
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01626-20                                            20201522__
    1                        A bill to be entitled                      
    2         An act relating to dissolution of municipalities;
    3         amending s. 165.051, F.S.; requiring the dissolution
    4         of a municipality after a referendum is held if
    5         specified conditions are met; providing the procedures
    6         for setting the date for a referendum to dissolve a
    7         municipality; providing notice requirements; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 165.051, Florida Statutes, is amended to
   13  read:
   14         165.051 Dissolution procedures.—
   15         (1) The charter of any existing municipality may be revoked
   16  and the municipal corporation dissolved by either:
   17         (a) A special act of the Legislature; or
   18         (b) An ordinance of the governing body of the municipality,
   19  approved by a vote of the qualified voters; or
   20         (c) Approval of a vote of a majority of the qualified
   21  voters voting in a referendum to dissolve the municipality which
   22  must be held if one or more of the following criteria applies:
   23         1. The municipality has been in a state of financial
   24  emergency for 2 or more years.
   25         2. A financial emergency board has been established in
   26  response to a financial emergency, and the municipality has
   27  failed to comply with the terms included in any signed agreement
   28  with the Governor’s office as part of the financial emergency.
   29  Failure to comply with the terms of any signed agreement
   30  includes failing to submit a recovery plan, the required budget
   31  documents and amendments, and invoices that support requested
   32  expenditures.
   33         3. The municipality has submitted its annual financial
   34  report required by s. 218.32, and the annual financial audit
   35  report required by s. 218.39, significantly late for 2 or more
   36  consecutive years.
   37         4. A grand jury or an Auditor General audit report was
   38  issued within the past 3 years which identifies significant
   39  problems with the municipality.
   40         (2)(a) If a vote of the qualified voters is required
   41  pursuant to paragraph (1)(b), the governing body of the
   42  municipality or, if the municipal governing body does not act
   43  within 30 days, the governing body of the county or counties in
   44  which the municipality is located, shall set the date of the
   45  election, which shall be the next regularly scheduled election
   46  or a special election held prior to such election, if approved
   47  by a majority of the members of the governing body of each
   48  governmental unit affected, but no sooner than 30 days after
   49  passage of the ordinance. Notice of the election shall be
   50  published at least once each week for 2 consecutive weeks prior
   51  to the election in a newspaper of general circulation in the
   52  municipality.
   53         (b) Within 30 days after one or more of the criteria
   54  contained in subparagraphs (1)(c)1.-4., are met, the governing
   55  body of the municipality or, if the municipal governing body
   56  does not act, the governing body of the county or counties in
   57  which the municipality is located shall set the date of the
   58  referendum to dissolve the municipality, which shall be the next
   59  regularly scheduled election or a special election held prior to
   60  such election. Notice of the election shall be published at
   61  least once each week for 2 consecutive weeks prior to the
   62  election in a newspaper of general circulation in the
   63  municipality.
   64         Section 2. This act shall take effect July 1, 2020.