Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1058
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/13/2024           .                                

       The Committee on Rules (Hooper) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 85 - 234
    4  and insert:
    5         (1) A member of a popularly elected governing body of an
    6  independent special district may not serve for more than 12
    7  consecutive years, unless the district’s charter provides for
    8  more restrictive terms of office. Service of a term of office
    9  that commenced before November 5, 2024, does not count toward
   10  the limitation imposed by this subsection.
   11         (2) This section does not apply to a community development
   12  district established under chapter 190, or an independent
   13  special district created pursuant to a special act that provides
   14  that any amendment to chapter 190 to grant additional powers
   15  constitutes a power of the district.
   16         (3) This section does not require an independent special
   17  district governed by an appointed governing body to convert to
   18  an elected governing body.
   19         Section 5. Section 189.0313, Florida Statutes, is created
   20  to read:
   21         189.0313 Independent special districts; boundaries;
   22  exception.—Notwithstanding any special law or general law of
   23  local application to the contrary, the boundaries of an
   24  independent special district shall only be changed by general
   25  law or special act. This section does not apply to a community
   26  development district established pursuant to chapter 190.
   27         Section 6. Subsections (1) and (2) of section 189.062,
   28  Florida Statutes, are amended to read:
   29         189.062 Special procedures for inactive districts.—
   30         (1) The department shall declare inactive any special
   31  district in this state by documenting that:
   32         (a) The special district meets one of the following
   33  criteria:
   34         1. The registered agent of the district, the chair of the
   35  governing body of the district, or the governing body of the
   36  appropriate local general-purpose government notifies the
   37  department in writing that the district has taken no action for
   38  2 or more years;
   39         2. The registered agent of the district, the chair of the
   40  governing body of the district, or the governing body of the
   41  appropriate local general-purpose government notifies the
   42  department in writing that the district has not had a governing
   43  body or a sufficient number of governing body members to
   44  constitute a quorum for 2 or more years;
   45         3. The registered agent of the district, the chair of the
   46  governing body of the district, or the governing body of the
   47  appropriate local general-purpose government fails to respond to
   48  an inquiry by the department within 21 days;
   49         4. The department determines, pursuant to s. 189.067, that
   50  the district has failed to file any of the reports listed in s.
   51  189.066;
   52         5. The district has not had a registered office and agent
   53  on file with the department for 1 or more years; or
   54         6. The governing body of a special district provides
   55  documentation to the department that it has unanimously adopted
   56  a resolution declaring the special district inactive. The
   57  special district is responsible for payment of any expenses
   58  associated with its dissolution;.
   59         7. The district is an independent special district or a
   60  community redevelopment district created under part III of
   61  chapter 163 which has reported no revenue, no expenditures, and
   62  no debt under s. 189.016(9) or s. 218.32 for at least 5
   63  consecutive fiscal years beginning no earlier than October 1,
   64  2018. This subparagraph does not apply to a community
   65  development district established under chapter 190 or to any
   66  independent special district operating pursuant to a special act
   67  that provides that any amendment to chapter 190 to grant
   68  additional powers constitutes a power of that district; or
   69         8. For a mosquito control district created pursuant to
   70  chapter 388, the department has received notice from the
   71  Department of Agriculture and Consumer Services that the
   72  district has failed to file a tentative work plan and tentative
   73  detailed work plan budget as required by s. 388.271.
   74         (b) The department, special district, or local general
   75  purpose government has published a notice of proposed
   76  declaration of inactive status in a newspaper of general
   77  circulation in the county or municipality in which the territory
   78  of the special district is located and has sent a copy of such
   79  notice by certified mail to the registered agent or chair of the
   80  governing body, if any. If the special district is a dependent
   81  special district with a governing body that is not identical to
   82  the governing body of a single county or a single municipality,
   83  a copy of such notice must also be sent by certified mail to the
   84  governing body of the county or municipality on which the
   85  district is dependent. Such notice must include the name of the
   86  special district, the law under which it was organized and
   87  operating, a general description of the territory included in
   88  the special district, and a statement that any objections must
   89  be filed pursuant to chapter 120 within 30 21 days after the
   90  publication date. The objections may include that the special
   91  district has outstanding debt obligations that are not included
   92  in reports required under s. 189.016(9) or s. 218.32.
   93         (c) Thirty Twenty-one days have elapsed from the
   94  publication date of the notice of proposed declaration of
   95  inactive status and no administrative appeals were filed.
   96         (2) If any special district is declared inactive pursuant
   97  to this section, the district may only expend funds as necessary
   98  to service outstanding debt and to comply with existing bond
   99  covenants and other contractual obligations. The property or
  100  assets of the special district are subject to legal process for
  101  payment of any debts of the district. After the payment of all
  102  the debts of said inactive special district, the remainder of
  103  its property or assets shall escheat to the county or
  104  municipality wherein located. If, however, it shall be
  105  necessary, in order to pay any such debt, to levy any tax or
  106  taxes on the property in the territory or limits of the inactive
  107  special district, the same may be assessed and levied by order
  108  of the local general-purpose government wherein the same is
  109  situated and shall be assessed by the county property appraiser
  110  and collected by the county tax collector.
  111         Section 7. Section 189.0694, Florida Statutes, is created
  112  to read:
  113         189.0694 Special districts; performance measures and
  114  standards.-
  115         (1) Beginning October 1, 2024, or by the end of the first
  116  full fiscal year after its creation, whichever is later, each
  117  special district shall establish goals and objectives for each
  118  program and activity undertaken by the district, as well as
  119  performance measures and standards to determine whether the
  120  district’s goals and objectives are being achieved.
  121         (2) By January 31 of each year thereafter, each special
  122  district shall publish an annual report on the district’s
  123  website describing:
  124         (a) The goals and objectives achieved by the district, as
  125  well as the performance measures and standards used by the
  126  district to make this determination.
  127         (b) Any goals or objectives the district failed to achieve.
  128         Section 8. Subsection (3) of section 189.0695, Florida
  129  Statutes, is amended to read:
  130         189.0695 Independent special districts; performance
  131  reviews.—
  132         (3) The Office of Program Policy Analysis and Government
  133  Accountability shall must conduct a performance review of all
  134  independent special districts within the classifications
  135  described in paragraphs (a), and (b), and (c) and may contract
  136  as needed to complete the requirements of this subsection. The
  137  Office of Program Policy Analysis and Government Accountability
  138  shall submit the final report of the performance review to the
  139  President of the Senate and the Speaker of the House of
  140  Representatives as follows:
  141         (a) For all independent mosquito control districts as
  142  defined in s. 388.011, no later than September 30, 2023.
  143         (b) For all soil and water conservation districts as
  144  defined in s. 582.01, no later than September 30, 2024.
  145         (c) For all safe neighborhood improvement districts as
  146  defined in s. 163.503(1), no later than September 30, 2025.
  147         Section 9. Section 190.047, Florida Statutes, is repealed.
  148         Section 10. Subsection (3) is added to section 191.013,
  149  Florida Statutes, to read:
  150         191.013 Intergovernmental coordination.—
  151         (3) By October 1 of each year, each independent special
  152  fire control district shall report to the Division of State Fire
  153  Marshal regarding whether each of the district’s volunteer
  154  firefighters has completed the required trainings
  156  ================= T I T L E  A M E N D M E N T ================
  157  And the title is amended as follows:
  158         Delete lines 10 - 41
  159  and insert:
  160         189.0312, F.S.; providing term limits for popularly
  161         elected members of governing bodies of independent
  162         special districts; providing an exception; providing
  163         applicability; providing construction; creating s.
  164         189.0313, F.S.; providing the method for changing
  165         boundaries of an independent special district;
  166         providing an exception; amending s. 189.062, F.S.;
  167         providing additional criteria for declaring a special
  168         district inactive; providing exceptions; requiring
  169         certain special districts to provide notice of a
  170         proposed declaration of inactive status to the county
  171         or municipality under certain circumstances; revising
  172         the time period for filing an objection to a proposed
  173         declaration; authorizing a specific objection;
  174         providing that a district declared inactive may only
  175         expend funds as necessary to service outstanding debt
  176         and to comply with existing bond covenants and
  177         contractual obligations; making technical changes;
  178         creating s. 189.0694, F.S.; requiring special
  179         districts to establish performance measures to assess
  180         performance; requiring special districts to publish an
  181         annual report; providing requirements for the report;
  182         amending s. 189.0695, F.S.; requiring the Office of
  183         Program Policy Analysis and Government Accountability
  184         to conduct performance reviews annually of safe
  185         neighborhood improvement districts; repealing s.
  186         190.047, F.S., relating to incorporation or annexation
  187         of a district; amending s. 191.013, F.S.; requiring
  188         independent special fire control districts to report
  189         annually, by a specified date, information regarding
  190         the completion of required trainings and the receipt
  191         of required certifications by volunteer firefighters
  192         to