Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1058
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                

       The Committee on Community Affairs (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.3756, Florida Statutes, is repealed.
    6         Section 2. Section 163.504, Florida Statutes, is amended to
    7  read:
    8         163.504 Safe neighborhood improvement districts; formation
    9  authorized by ordinance; jurisdictional boundaries; prohibition
   10  on future creation.—
   11         (1) The governing body of any municipality or county may
   12  authorize the formation of safe neighborhood improvement
   13  districts through the adoption of a planning ordinance which
   14  specifies that such districts may be created by one or more of
   15  the methods established in ss. 163.506, 163.508, 163.511, and
   16  163.512. No district may overlap the jurisdictional boundaries
   17  of a municipality and the unincorporated area of a county,
   18  except by interlocal agreement.
   19         (2)A safe neighborhood improvement district may not be
   20  created on or after July 1, 2024. A safe neighborhood
   21  improvement district in existence before July 1, 2024, may
   22  continue to operate as provided in this part.
   23         Section 3. Section 165.0615, Florida Statutes, is repealed.
   24         Section 4. Section 189.0312, Florida Statutes, is created
   25  to read:
   26         189.0312Independent special districts; term of office.—
   27         (1)A member of an elected governing body of an independent
   28  special district may not serve for more than 12 consecutive
   29  years, unless the district’s charter provides for more
   30  restrictive terms of office. Service of a term of office that
   31  commenced before November 5, 2024, does not count toward the
   32  limitation imposed by this subsection.
   33         (2)This section does not apply to a community development
   34  district established under chapter 190, or an independent
   35  special district created pursuant to a special act that provides
   36  that any amendment to chapter 190 to grant additional powers
   37  constitutes a power of the district.
   38         (3)This section does not require an independent special
   39  district governed by an appointed governing body to convert to
   40  an elected governing body.
   41         Section 5. Section 189.0313, Florida Statutes, is created
   42  to read:
   43         189.0313Independent special districts; boundaries;
   44  exception.—Notwithstanding any special law or general law of
   45  local application to the contrary, the boundaries of an
   46  independent special district shall only be changed by general
   47  law or special act. This section does not apply to a community
   48  development district established pursuant to chapter 190.
   49         Section 6. Subsections (1) and (2) of section 189.062,
   50  Florida Statutes, are amended to read:
   51         189.062 Special procedures for inactive districts.—
   52         (1) The department shall declare inactive any special
   53  district in this state by documenting that:
   54         (a) The special district meets one of the following
   55  criteria:
   56         1. The registered agent of the district, the chair of the
   57  governing body of the district, or the governing body of the
   58  appropriate local general-purpose government notifies the
   59  department in writing that the district has taken no action for
   60  2 or more years;
   61         2. The registered agent of the district, the chair of the
   62  governing body of the district, or the governing body of the
   63  appropriate local general-purpose government notifies the
   64  department in writing that the district has not had a governing
   65  body or a sufficient number of governing body members to
   66  constitute a quorum for 2 or more years;
   67         3. The registered agent of the district, the chair of the
   68  governing body of the district, or the governing body of the
   69  appropriate local general-purpose government fails to respond to
   70  an inquiry by the department within 21 days;
   71         4. The department determines, pursuant to s. 189.067, that
   72  the district has failed to file any of the reports listed in s.
   73  189.066;
   74         5. The district has not had a registered office and agent
   75  on file with the department for 1 or more years; or
   76         6. The governing body of a special district provides
   77  documentation to the department that it has unanimously adopted
   78  a resolution declaring the special district inactive. The
   79  special district is responsible for payment of any expenses
   80  associated with its dissolution;.
   81         7.The district is an independent special district or a
   82  community redevelopment district created under part III of
   83  chapter 163 which has reported no revenue, no expenditures, and
   84  no debt under s. 189.016(9) or s. 218.32 for at least 5
   85  consecutive fiscal years beginning no earlier than October 1,
   86  2018. This subparagraph does not apply to a community
   87  development district established under chapter 190 or to any
   88  independent special district operating pursuant to a special act
   89  that provides that any amendment to chapter 190 to grant
   90  additional powers constitutes a power of that district; or
   91         8.For a mosquito control district created pursuant to
   92  chapter 388, the department has received notice from the
   93  Department of Agriculture and Consumer Services that the
   94  district has failed to file a tentative work plan and tentative
   95  detailed work plan budget as required by s. 388.271.
   96         (b) The department, special district, or local general
   97  purpose government has published a notice of proposed
   98  declaration of inactive status in a newspaper of general
   99  circulation in the county or municipality in which the territory
  100  of the special district is located and has sent a copy of such
  101  notice by certified mail to the registered agent or chair of the
  102  governing body, if any. If the special district is a dependent
  103  special district with a governing body that is not identical to
  104  the governing body of a single county or a single municipality,
  105  a copy of such notice must also be sent by certified mail to the
  106  governing body of the county or municipality on which the
  107  district is dependent. Such notice must include the name of the
  108  special district, the law under which it was organized and
  109  operating, a general description of the territory included in
  110  the special district, and a statement that any objections must
  111  be filed pursuant to chapter 120 within 30 21 days after the
  112  publication date. The objections may include that the special
  113  district has outstanding debt obligations that are not included
  114  in reports required under s. 189.016(9) or s. 218.32.
  115         (c) Thirty Twenty-one days have elapsed from the
  116  publication date of the notice of proposed declaration of
  117  inactive status and no administrative appeals were filed.
  118         (2) If any special district is declared inactive pursuant
  119  to this section, the district may only expend funds as necessary
  120  to service outstanding debt and to comply with existing bond
  121  covenants and other contractual obligations. The property or
  122  assets of the special district are subject to legal process for
  123  payment of any debts of the district. After the payment of all
  124  the debts of said inactive special district, the remainder of
  125  its property or assets shall escheat to the county or
  126  municipality wherein located. If, however, it shall be
  127  necessary, in order to pay any such debt, to levy any tax or
  128  taxes on the property in the territory or limits of the inactive
  129  special district, the same may be assessed and levied by order
  130  of the local general-purpose government wherein the same is
  131  situated and shall be assessed by the county property appraiser
  132  and collected by the county tax collector.
  133         Section 7. Section 189.0694, Florida Statutes, is created
  134  to read:
  135         189.0694Special districts; performance measures and
  136  standards.-
  137         (1)Beginning October 1, 2024, or by the end of the first
  138  full fiscal year after its creation, whichever is later, each
  139  special district shall establish goals and objectives for each
  140  program and activity undertaken by the district, as well as
  141  performance measures and standards to determine whether the
  142  district’s goals and objectives are being achieved.
  143         (2)By December 1 of each year thereafter, each special
  144  district shall publish an annual report on the district’s
  145  website describing:
  146         (a)The goals and objectives achieved by the district, as
  147  well as the performance measures and standards used by the
  148  district to make this determination.
  149         (b)Any goals or objectives the district failed to achieve.
  150         Section 8. Subsection (3) of section 189.0695, Florida
  151  Statutes, is amended to read:
  152         189.0695 Independent special districts; performance
  153  reviews.—
  154         (3) The Office of Program Policy Analysis and Government
  155  Accountability shall must conduct a performance review of all
  156  independent special districts within the classifications
  157  described in paragraphs (a), and (b), and (c) and may contract
  158  as needed to complete the requirements of this subsection. The
  159  Office of Program Policy Analysis and Government Accountability
  160  shall submit the final report of the performance review to the
  161  President of the Senate and the Speaker of the House of
  162  Representatives as follows:
  163         (a) For all independent mosquito control districts as
  164  defined in s. 388.011, no later than September 30, 2023.
  165         (b) For all soil and water conservation districts as
  166  defined in s. 582.01, no later than September 30, 2024.
  167         (c)For all safe neighborhood improvement districts as
  168  defined in s. 163.503(1), no later than September 30, 2025.
  169         Section 9. Section 190.047, Florida Statutes, is repealed.
  170         Section 10. Subsection (3) is added to section 191.013,
  171  Florida Statutes, to read:
  172         191.013 Intergovernmental coordination.—
  173         (3)By October 1 of each year, each independent special
  174  fire control district shall report to the Division of State Fire
  175  Marshal regarding whether each of the district’s firefighters
  176  and volunteer firefighters have completed the required trainings
  177  and received the required certifications established by the
  178  division pursuant to s. 633.408.
  179         Section 11. Section 388.211, Florida Statutes, is amended
  180  to read:
  181         388.211 Change in district boundaries.—
  182         (1)The boundaries of each district may only be changed by
  183  a special act of the Legislature The board of commissioners of
  184  any district formed prior to July 1, 1980, may, for and on
  185  behalf of the district or the qualified electors within or
  186  without the district, request that the board of county
  187  commissioners in each county having land within the district
  188  approve a change in the boundaries of the district.
  189         (2)If the board of county commissioners approves such
  190  change, an amendment shall be made to the order creating the
  191  district to conform with the boundary change.
  192         Section 12. Subsection (1) of section 388.221, Florida
  193  Statutes, is amended to read:
  194         388.221 Tax levy.—
  195         (1) The board of commissioners of such district may levy
  196  upon all of the real and personal taxable property in said
  197  district a special tax not exceeding 1 mill 10 mills on the
  198  dollar during each year as maintenance tax to be used solely for
  199  the purposes authorized and prescribed by this chapter. Said
  200  board shall by resolution certify to the property appraiser of
  201  the county in which the property is situate, timely for the
  202  preparation of the tax roll, the tax rate to be applied in
  203  determining the amount of the district’s annual maintenance tax.
  204  Certified copies of such resolution executed in the name of said
  205  board by its chair and secretary and under its corporate seal
  206  shall be made and delivered to the property appraiser and the
  207  board of county commissioners of the county in which such
  208  district is located, and to the Department of Revenue not later
  209  than September 30 of such year. The property appraiser of said
  210  county shall assess and the tax collector of said county shall
  211  collect the amount of taxes so assessed and levied by said board
  212  of commissioners of said district upon all of the taxable real
  213  and personal property in said district at the rate of taxation
  214  adopted by said board for said year and included in said
  215  resolution, and said levy shall be included in the warrants of
  216  the property appraiser and attached to the assessment roll of
  217  taxes for said county each year. The tax collector shall collect
  218  such taxes so levied by said board in the same manner as other
  219  taxes are collected and shall pay the same within the time and
  220  in the manner prescribed by law to the treasurer of said board.
  221  The Department of Revenue shall assess and levy on all the
  222  railroad lines and railroad property and telegraph and telephone
  223  lines and telegraph and telephone property situated in said
  224  district in the amount of each such levy as in case of other
  225  state and county taxes and shall collect said taxes thereon in
  226  the same manner as it is required by law to assess and collect
  227  taxes for state and county purposes and remit the same to the
  228  treasurer of said board. All such taxes shall be held by said
  229  treasurer for the credit of said board and paid out by him or
  230  her as ordered by said board.
  231         Section 13. Subsection (1) of section 388.271, Florida
  232  Statutes, is amended, and subsection (3) is added to that
  233  section, to read:
  234         388.271 Prerequisites to participation.—
  235         (1) When state funds are involved, it is the duty of the
  236  department to guide, review, approve, and coordinate the
  237  activities of all county governments and special districts
  238  receiving state funds in furtherance of the goal of integrated
  239  arthropod control. Each county or district eligible to
  240  participate hereunder may, and each district must, begin
  241  participation on October 1 of any year by filing with the
  242  department not later than July 15 a tentative work plan and
  243  tentative detailed work plan budget providing for the control of
  244  arthropods. Following approval of the plan and budget by the
  245  department, two copies of the county’s or district’s certified
  246  budget based on the approved work plan and detailed work plan
  247  budget shall be submitted to the department by September 30
  248  following. State funds, supplies, and services shall be made
  249  available to such county or district by and through the
  250  department immediately upon release of funds by the Executive
  251  Office of the Governor.
  252         (3)If a special district fails to submit a tentative work
  253  plan and tentative detailed work plan budget as required by
  254  subsection (1), the department must send notice of such failure
  255  to the Department of Commerce within 30 days.
  256         Section 14. Paragraph (c) of subsection (2) of section
  257  388.46, Florida Statutes, is amended to read:
  258         388.46 Florida Coordinating Council on Mosquito Control;
  259  establishment; membership; organization; responsibilities.—
  261         (c) Responsibilities.—The council shall:
  262         1. Develop and implement guidelines to assist the
  263  department in resolving disputes arising over the control of
  264  arthropods on publicly owned lands.
  265         2. Develop and recommend to the department a request for
  266  proposal process for arthropod control research.
  267         3. Identify potential funding sources for research or
  268  implementation projects and evaluate and prioritize proposals
  269  upon request by the funding source.
  270         4. Prepare and present reports, as needed, on arthropod
  271  control activities in the state to other governmental
  272  organizations, as appropriate.
  273         5.By August 30, 2024, develop model goals, objectives, and
  274  performance measures and standards to assist mosquito control
  275  districts in conducting performance monitoring pursuant to s.
  276  189.0694.
  277         Section 15. This act shall take effect July 1, 2024.
  279  ================= T I T L E  A M E N D M E N T ================
  280  And the title is amended as follows:
  281         Delete everything before the enacting clause
  282  and insert:
  283                        A bill to be entitled                      
  284         An act relating to special districts; repealing s.
  285         163.3756, F.S., relating to inactive community
  286         redevelopment agencies; amending s. 163.504, F.S.;
  287         prohibiting the creation of new safe neighborhood
  288         improvement districts after a date certain; repealing
  289         s. 165.0615, F.S., relating to municipal conversion of
  290         independent special districts upon an elector
  291         initiated and approved referendum; creating s.
  292         189.0312, F.S.; providing term limits for elected
  293         members of governing bodies of independent special
  294         districts; providing an exception; providing
  295         construction; creating s. 189.0313, F.S.; providing
  296         the method for changing boundaries of an independent
  297         special district; providing an exception; amending s.
  298         189.062, F.S.; providing additional criteria for
  299         declaring a special district inactive; providing
  300         exceptions; requiring certain special districts to
  301         provide notice of a proposed declaration of inactive
  302         status to the county or municipality under certain
  303         circumstances; revising the time period for filing an
  304         objection to a proposed declaration; authorizing a
  305         specific objection; providing that a district declared
  306         inactive may only expend funds as necessary to service
  307         outstanding debt and to comply with existing bond
  308         covenants and contractual obligations; making
  309         technical changes; creating s. 189.0694, F.S.;
  310         requiring special districts to establish performance
  311         measures to assess performance; requiring special
  312         districts to publish an annual report; providing
  313         requirements for the report; amending s. 189.0695,
  314         F.S.; requiring the Office of Program Policy Analysis
  315         and Government Accountability to conduct performance
  316         reviews annually of safe neighborhood improvement
  317         districts; repealing s. 190.047, F.S., relating to
  318         incorporation or annexation of a district; amending s.
  319         191.013, F.S.; requiring independent special fire
  320         control districts to report annually, by a specified
  321         date, information regarding the completion of required
  322         trainings and the receipt of required certifications
  323         by certain firefighters to the Division of State Fire
  324         Marshal; amending s. 388.211, F.S.; providing that the
  325         boundaries of a mosquito control district may only be
  326         changed by special act; amending s. 388.221, F.S.;
  327         reducing the maximum millage rate for mosquito control
  328         districts; amending s. 388.271, F.S.; requiring,
  329         instead of authorizing, special districts to file
  330         tentative work plans and work plan budgets at
  331         specified intervals; requiring the Department of
  332         Agriculture and Consumer Services to report to the
  333         Department of Commerce if certain special districts
  334         fail to submit specified information; making technical
  335         changes; amending s. 388.46, F.S.; requiring the
  336         Florida Coordinating Council on Mosquito Control to
  337         establish, by a specified date, model goals,
  338         objectives, and performance measures and standards to
  339         assist districts in conducting performance monitoring;
  340         providing an effective date.