Florida Senate - 2024 CS for SB 1058
By the Committee on Community Affairs; and Senator Hutson
578-02601-24 20241058c1
1 A bill to be entitled
2 An act relating to special districts; repealing s.
3 163.3756, F.S., relating to inactive community
4 redevelopment agencies; amending s. 163.504, F.S.;
5 prohibiting the creation of new safe neighborhood
6 improvement districts after a date certain; repealing
7 s. 165.0615, F.S., relating to municipal conversion of
8 independent special districts upon an elector
9 initiated and approved referendum; creating s.
10 189.0312, F.S.; providing term limits for elected
11 members of governing bodies of independent special
12 districts; providing an exception; providing
13 applicability; providing construction; creating s.
14 189.0313, F.S.; providing the method for changing
15 boundaries of an independent special district;
16 providing an exception; amending s. 189.062, F.S.;
17 providing additional criteria for declaring a special
18 district inactive; providing exceptions; requiring
19 certain special districts to provide notice of a
20 proposed declaration of inactive status to the county
21 or municipality under certain circumstances; revising
22 the time period for filing an objection to a proposed
23 declaration; authorizing a specific objection;
24 providing that a district declared inactive may only
25 expend funds as necessary to service outstanding debt
26 and to comply with existing bond covenants and
27 contractual obligations; making technical changes;
28 creating s. 189.0694, F.S.; requiring special
29 districts to establish performance measures to assess
30 performance; requiring special districts to publish an
31 annual report; providing requirements for the report;
32 amending s. 189.0695, F.S.; requiring the Office of
33 Program Policy Analysis and Government Accountability
34 to conduct performance reviews annually of safe
35 neighborhood improvement districts; repealing s.
36 190.047, F.S., relating to incorporation or annexation
37 of a district; amending s. 191.013, F.S.; requiring
38 independent special fire control districts to report
39 annually, by a specified date, information regarding
40 the completion of required trainings and the receipt
41 of required certifications by certain firefighters to
42 the Division of State Fire Marshal; amending s.
43 388.211, F.S.; providing that the boundaries of a
44 mosquito control district may only be changed by
45 special act of the Legislature; amending s. 388.221,
46 F.S.; reducing the maximum millage rate for mosquito
47 control districts; amending s. 388.271, F.S.;
48 requiring, instead of authorizing, special districts
49 to file tentative work plans and work plan budgets at
50 specified intervals; requiring the Department of
51 Agriculture and Consumer Services to report to the
52 Department of Commerce if certain special districts
53 fail to submit specified information; making technical
54 changes; amending s. 388.46, F.S.; requiring the
55 Florida Coordinating Council on Mosquito Control to
56 establish, by a specified date, model goals,
57 objectives, and performance measures and standards to
58 assist districts in conducting performance monitoring;
59 providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Section 163.3756, Florida Statutes, is repealed.
64 Section 2. Section 163.504, Florida Statutes, is amended to
65 read:
66 163.504 Safe neighborhood improvement districts; formation
67 authorized by ordinance; jurisdictional boundaries; prohibition
68 on future creation.—
69 (1) The governing body of any municipality or county may
70 authorize the formation of safe neighborhood improvement
71 districts through the adoption of a planning ordinance which
72 specifies that such districts may be created by one or more of
73 the methods established in ss. 163.506, 163.508, 163.511, and
74 163.512. No district may overlap the jurisdictional boundaries
75 of a municipality and the unincorporated area of a county,
76 except by interlocal agreement.
77 (2) A safe neighborhood improvement district may not be
78 created on or after July 1, 2024. A safe neighborhood
79 improvement district in existence before July 1, 2024, may
80 continue to operate as provided in this part.
81 Section 3. Section 165.0615, Florida Statutes, is repealed.
82 Section 4. Section 189.0312, Florida Statutes, is created
83 to read:
84 189.0312 Independent special districts; term of office.—
85 (1) A member of an elected governing body of an independent
86 special district may not serve for more than 12 consecutive
87 years, unless the district’s charter provides for more
88 restrictive terms of office. Service of a term of office that
89 commenced before November 5, 2024, does not count toward the
90 limitation imposed by this subsection.
91 (2) This section does not apply to a community development
92 district established under chapter 190, or an independent
93 special district created pursuant to a special act that provides
94 that any amendment to chapter 190 to grant additional powers
95 constitutes a power of the district.
96 (3) This section does not require an independent special
97 district governed by an appointed governing body to convert to
98 an elected governing body.
99 Section 5. Section 189.0313, Florida Statutes, is created
100 to read:
101 189.0313 Independent special districts; boundaries;
102 exception.—Notwithstanding any special law or general law of
103 local application to the contrary, the boundaries of an
104 independent special district shall only be changed by general
105 law or special act. This section does not apply to a community
106 development district established pursuant to chapter 190.
107 Section 6. Subsections (1) and (2) of section 189.062,
108 Florida Statutes, are amended to read:
109 189.062 Special procedures for inactive districts.—
110 (1) The department shall declare inactive any special
111 district in this state by documenting that:
112 (a) The special district meets one of the following
113 criteria:
114 1. The registered agent of the district, the chair of the
115 governing body of the district, or the governing body of the
116 appropriate local general-purpose government notifies the
117 department in writing that the district has taken no action for
118 2 or more years;
119 2. The registered agent of the district, the chair of the
120 governing body of the district, or the governing body of the
121 appropriate local general-purpose government notifies the
122 department in writing that the district has not had a governing
123 body or a sufficient number of governing body members to
124 constitute a quorum for 2 or more years;
125 3. The registered agent of the district, the chair of the
126 governing body of the district, or the governing body of the
127 appropriate local general-purpose government fails to respond to
128 an inquiry by the department within 21 days;
129 4. The department determines, pursuant to s. 189.067, that
130 the district has failed to file any of the reports listed in s.
131 189.066;
132 5. The district has not had a registered office and agent
133 on file with the department for 1 or more years; or
134 6. The governing body of a special district provides
135 documentation to the department that it has unanimously adopted
136 a resolution declaring the special district inactive. The
137 special district is responsible for payment of any expenses
138 associated with its dissolution;.
139 7. The district is an independent special district or a
140 community redevelopment district created under part III of
141 chapter 163 which has reported no revenue, no expenditures, and
142 no debt under s. 189.016(9) or s. 218.32 for at least 5
143 consecutive fiscal years beginning no earlier than October 1,
144 2018. This subparagraph does not apply to a community
145 development district established under chapter 190 or to any
146 independent special district operating pursuant to a special act
147 that provides that any amendment to chapter 190 to grant
148 additional powers constitutes a power of that district; or
149 8. For a mosquito control district created pursuant to
150 chapter 388, the department has received notice from the
151 Department of Agriculture and Consumer Services that the
152 district has failed to file a tentative work plan and tentative
153 detailed work plan budget as required by s. 388.271.
154 (b) The department, special district, or local general
155 purpose government has published a notice of proposed
156 declaration of inactive status in a newspaper of general
157 circulation in the county or municipality in which the territory
158 of the special district is located and has sent a copy of such
159 notice by certified mail to the registered agent or chair of the
160 governing body, if any. If the special district is a dependent
161 special district with a governing body that is not identical to
162 the governing body of a single county or a single municipality,
163 a copy of such notice must also be sent by certified mail to the
164 governing body of the county or municipality on which the
165 district is dependent. Such notice must include the name of the
166 special district, the law under which it was organized and
167 operating, a general description of the territory included in
168 the special district, and a statement that any objections must
169 be filed pursuant to chapter 120 within 30 21 days after the
170 publication date. The objections may include that the special
171 district has outstanding debt obligations that are not included
172 in reports required under s. 189.016(9) or s. 218.32.
173 (c) Thirty Twenty-one days have elapsed from the
174 publication date of the notice of proposed declaration of
175 inactive status and no administrative appeals were filed.
176 (2) If any special district is declared inactive pursuant
177 to this section, the district may only expend funds as necessary
178 to service outstanding debt and to comply with existing bond
179 covenants and other contractual obligations. The property or
180 assets of the special district are subject to legal process for
181 payment of any debts of the district. After the payment of all
182 the debts of said inactive special district, the remainder of
183 its property or assets shall escheat to the county or
184 municipality wherein located. If, however, it shall be
185 necessary, in order to pay any such debt, to levy any tax or
186 taxes on the property in the territory or limits of the inactive
187 special district, the same may be assessed and levied by order
188 of the local general-purpose government wherein the same is
189 situated and shall be assessed by the county property appraiser
190 and collected by the county tax collector.
191 Section 7. Section 189.0694, Florida Statutes, is created
192 to read:
193 189.0694 Special districts; performance measures and
194 standards.-
195 (1) Beginning October 1, 2024, or by the end of the first
196 full fiscal year after its creation, whichever is later, each
197 special district shall establish goals and objectives for each
198 program and activity undertaken by the district, as well as
199 performance measures and standards to determine whether the
200 district’s goals and objectives are being achieved.
201 (2) By December 1 of each year thereafter, each special
202 district shall publish an annual report on the district’s
203 website describing:
204 (a) The goals and objectives achieved by the district, as
205 well as the performance measures and standards used by the
206 district to make this determination.
207 (b) Any goals or objectives the district failed to achieve.
208 Section 8. Subsection (3) of section 189.0695, Florida
209 Statutes, is amended to read:
210 189.0695 Independent special districts; performance
211 reviews.—
212 (3) The Office of Program Policy Analysis and Government
213 Accountability shall must conduct a performance review of all
214 independent special districts within the classifications
215 described in paragraphs (a), and (b), and (c) and may contract
216 as needed to complete the requirements of this subsection. The
217 Office of Program Policy Analysis and Government Accountability
218 shall submit the final report of the performance review to the
219 President of the Senate and the Speaker of the House of
220 Representatives as follows:
221 (a) For all independent mosquito control districts as
222 defined in s. 388.011, no later than September 30, 2023.
223 (b) For all soil and water conservation districts as
224 defined in s. 582.01, no later than September 30, 2024.
225 (c) For all safe neighborhood improvement districts as
226 defined in s. 163.503(1), no later than September 30, 2025.
227 Section 9. Section 190.047, Florida Statutes, is repealed.
228 Section 10. Subsection (3) is added to section 191.013,
229 Florida Statutes, to read:
230 191.013 Intergovernmental coordination.—
231 (3) By October 1 of each year, each independent special
232 fire control district shall report to the Division of State Fire
233 Marshal regarding whether each of the district’s firefighters
234 and volunteer firefighters has completed the required trainings
235 and received the required certifications established by the
236 division pursuant to s. 633.408.
237 Section 11. Section 388.211, Florida Statutes, is amended
238 to read:
239 388.211 Change in district boundaries.—
240 (1) The boundaries of each district may only be changed by
241 a special act of the Legislature The board of commissioners of
242 any district formed prior to July 1, 1980, may, for and on
243 behalf of the district or the qualified electors within or
244 without the district, request that the board of county
245 commissioners in each county having land within the district
246 approve a change in the boundaries of the district.
247 (2) If the board of county commissioners approves such
248 change, an amendment shall be made to the order creating the
249 district to conform with the boundary change.
250 Section 12. Subsection (1) of section 388.221, Florida
251 Statutes, is amended to read:
252 388.221 Tax levy.—
253 (1) The board of commissioners of such district may levy
254 upon all of the real and personal taxable property in said
255 district a special tax not exceeding 1 mill 10 mills on the
256 dollar during each year as maintenance tax to be used solely for
257 the purposes authorized and prescribed by this chapter. Said
258 board shall by resolution certify to the property appraiser of
259 the county in which the property is situate, timely for the
260 preparation of the tax roll, the tax rate to be applied in
261 determining the amount of the district’s annual maintenance tax.
262 Certified copies of such resolution executed in the name of said
263 board by its chair and secretary and under its corporate seal
264 shall be made and delivered to the property appraiser and the
265 board of county commissioners of the county in which such
266 district is located, and to the Department of Revenue not later
267 than September 30 of such year. The property appraiser of said
268 county shall assess and the tax collector of said county shall
269 collect the amount of taxes so assessed and levied by said board
270 of commissioners of said district upon all of the taxable real
271 and personal property in said district at the rate of taxation
272 adopted by said board for said year and included in said
273 resolution, and said levy shall be included in the warrants of
274 the property appraiser and attached to the assessment roll of
275 taxes for said county each year. The tax collector shall collect
276 such taxes so levied by said board in the same manner as other
277 taxes are collected and shall pay the same within the time and
278 in the manner prescribed by law to the treasurer of said board.
279 The Department of Revenue shall assess and levy on all the
280 railroad lines and railroad property and telegraph and telephone
281 lines and telegraph and telephone property situated in said
282 district in the amount of each such levy as in case of other
283 state and county taxes and shall collect said taxes thereon in
284 the same manner as it is required by law to assess and collect
285 taxes for state and county purposes and remit the same to the
286 treasurer of said board. All such taxes shall be held by said
287 treasurer for the credit of said board and paid out by him or
288 her as ordered by said board.
289 Section 13. Subsection (1) of section 388.271, Florida
290 Statutes, is amended, and subsection (3) is added to that
291 section, to read:
292 388.271 Prerequisites to participation.—
293 (1) When state funds are involved, it is the duty of the
294 department to guide, review, approve, and coordinate the
295 activities of all county governments and special districts
296 receiving state funds in furtherance of the goal of integrated
297 arthropod control. Each county or district eligible to
298 participate hereunder may, and each district must, begin
299 participation on October 1 of any year by filing with the
300 department not later than July 15 a tentative work plan and
301 tentative detailed work plan budget providing for the control of
302 arthropods. Following approval of the plan and budget by the
303 department, two copies of the county’s or district’s certified
304 budget based on the approved work plan and detailed work plan
305 budget shall be submitted to the department by September 30
306 following. State funds, supplies, and services shall be made
307 available to such county or district by and through the
308 department immediately upon release of funds by the Executive
309 Office of the Governor.
310 (3) If a special district fails to submit a tentative work
311 plan and tentative detailed work plan budget as required by
312 subsection (1), the department must send notice of such failure
313 to the Department of Commerce within 30 days.
314 Section 14. Paragraph (c) of subsection (2) of section
315 388.46, Florida Statutes, is amended to read:
316 388.46 Florida Coordinating Council on Mosquito Control;
317 establishment; membership; organization; responsibilities.—
318 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
319 (c) Responsibilities.—The council shall:
320 1. Develop and implement guidelines to assist the
321 department in resolving disputes arising over the control of
322 arthropods on publicly owned lands.
323 2. Develop and recommend to the department a request for
324 proposal process for arthropod control research.
325 3. Identify potential funding sources for research or
326 implementation projects and evaluate and prioritize proposals
327 upon request by the funding source.
328 4. Prepare and present reports, as needed, on arthropod
329 control activities in the state to other governmental
330 organizations, as appropriate.
331 5. By August 30, 2024, develop model goals, objectives, and
332 performance measures and standards to assist mosquito control
333 districts in conducting performance monitoring pursuant to s.
334 189.0694.
335 Section 15. This act shall take effect July 1, 2024.