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.
   61  Be It Enacted by the Legislature of the State of Florida:
   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.—
  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.