Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 7013
       
       
       
       
       
       
                                Ì613928DÎ613928                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/04/2024 07:08 PM       .      03/07/2024 05:19 PM       
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 82 - 383
    4  and insert:
    5         (1)A member elected by the qualified electors of the
    6  district to the governing body of an independent special
    7  district may not serve for more than 12 consecutive years,
    8  unless the district’s charter provides for more restrictive
    9  terms of office. Service of a term of office that commenced
   10  before November 5, 2024, does not count toward the limitation
   11  imposed by this subsection.
   12         (2) This section does not apply to a community development
   13  district established under chapter 190, or an independent
   14  special district created pursuant to a special act that provides
   15  that any amendment to chapter 190 to grant additional powers
   16  constitutes a power of the district.
   17         (3) This section does not require an independent special
   18  district governed by an appointed governing body to convert to
   19  an elected governing body.
   20         Section 5. Section 189.0313, Florida Statutes, is created
   21  to read:
   22         189.0313 Independent special districts; boundaries;
   23  exception.—Notwithstanding any special law or general law of
   24  local application to the contrary, the boundaries of an
   25  independent special district shall only be changed by general
   26  law or special act. This section does not apply to a community
   27  development district established pursuant to chapter 190.
   28         Section 6. Subsections (1) and (2) of section 189.062,
   29  Florida Statutes, are amended to read:
   30         189.062 Special procedures for inactive districts.—
   31         (1) The department shall declare inactive any special
   32  district in this state by documenting that:
   33         (a) The special district meets one of the following
   34  criteria:
   35         1. The registered agent of the district, the chair of the
   36  governing body of the district, or the governing body of the
   37  appropriate local general-purpose government notifies the
   38  department in writing that the district has taken no action for
   39  2 or more years;
   40         2. The registered agent of the district, the chair of the
   41  governing body of the district, or the governing body of the
   42  appropriate local general-purpose government notifies the
   43  department in writing that the district has not had a governing
   44  body or a sufficient number of governing body members to
   45  constitute a quorum for 2 or more years;
   46         3. The registered agent of the district, the chair of the
   47  governing body of the district, or the governing body of the
   48  appropriate local general-purpose government fails to respond to
   49  an inquiry by the department within 21 days;
   50         4. The department determines, pursuant to s. 189.067, that
   51  the district has failed to file any of the reports listed in s.
   52  189.066;
   53         5. The district has not had a registered office and agent
   54  on file with the department for 1 or more years; or
   55         6. The governing body of a special district provides
   56  documentation to the department that it has unanimously adopted
   57  a resolution declaring the special district inactive. The
   58  special district is responsible for payment of any expenses
   59  associated with its dissolution;.
   60         7. The district is an independent special district or a
   61  community redevelopment district created under part III of
   62  chapter 163 that has reported no revenue, no expenditures, and
   63  no debt under s. 189.016(9) or s. 218.32 for at least 5
   64  consecutive fiscal years beginning no earlier than October 1,
   65  2018. This subparagraph does not apply to a community
   66  development district established under chapter 190 or to any
   67  independent special district operating pursuant to a special act
   68  that provides that any amendment to chapter 190 to grant
   69  additional powers constitutes a power of that district; or
   70         8. For a mosquito control district created pursuant to
   71  chapter 388, the department has received notice from the
   72  Department of Agriculture and Consumer Services that the
   73  district has failed to file a tentative work plan and tentative
   74  detailed work plan budget as required by s. 388.271.
   75         (b) The department, special district, or local general
   76  purpose government has published a notice of proposed
   77  declaration of inactive status in a newspaper of general
   78  circulation in the county or municipality in which the territory
   79  of the special district is located and has sent a copy of such
   80  notice by certified mail to the registered agent or chair of the
   81  governing body, if any. If the special district is a dependent
   82  special district with a governing body that is not identical to
   83  the governing body of a single county or a single municipality,
   84  a copy of such notice must also be sent by certified mail to the
   85  governing body of the county or municipality on which the
   86  district is dependent. Such notice must include the name of the
   87  special district, the law under which it was organized and
   88  operating, a general description of the territory included in
   89  the special district, and a statement that any objections must
   90  be filed pursuant to chapter 120 within 30 21 days after the
   91  publication date. The objections may include that the special
   92  district has outstanding debt obligations that are not included
   93  in reports required under s. 189.016(9) or s. 218.32.
   94         (c) Thirty Twenty-one days have elapsed from the
   95  publication date of the notice of proposed declaration of
   96  inactive status and no administrative appeals were filed.
   97         (2) If any special district is declared inactive pursuant
   98  to this section, the district may only expend funds as necessary
   99  to service outstanding debt and to comply with existing bond
  100  covenants and other contractual obligations. The property or
  101  assets of the special district are subject to legal process for
  102  payment of any debts of the district. After the payment of all
  103  the debts of said inactive special district, the remainder of
  104  its property or assets shall escheat to the county or
  105  municipality wherein located. If, however, it shall be
  106  necessary, in order to pay any such debt, to levy any tax or
  107  taxes on the property in the territory or limits of the inactive
  108  special district, the same may be assessed and levied by order
  109  of the local general-purpose government wherein the same is
  110  situated and shall be assessed by the county property appraiser
  111  and collected by the county tax collector.
  112         Section 7. Section 189.0694, Florida Statutes, is created
  113  to read:
  114         189.0694 Special districts; performance measures and
  115  standards.-
  116         (1) Beginning October 1, 2024, or by the end of the first
  117  full fiscal year after its creation, whichever is later, each
  118  special district must establish goals and objectives for each
  119  program and activity undertaken by the district, as well as
  120  performance measures and standards to determine if the
  121  district’s goals and objectives are being achieved.
  122         (2) By December 1 of each year thereafter, each special
  123  district must publish an annual report on the district’s website
  124  describing:
  125         (a) The goals and objectives achieved by the district, as
  126  well as the performance measures and standards used by the
  127  district to make this determination.
  128         (b) Any goals or objectives the district failed to achieve.
  129         Section 8. Paragraph (c) is added to subsection (3) of
  130  section 189.0695, Florida Statutes, to read:
  131         189.0695 Independent special districts; performance
  132  reviews.—
  133         (3) The Office of Program Policy Analysis and Government
  134  Accountability must conduct a performance review of all
  135  independent special districts within the classifications
  136  described in paragraphs (a), and (b), and (c) and may contract
  137  as needed to complete the requirements of this subsection. The
  138  Office of Program Policy Analysis and Government Accountability
  139  shall submit the final report of the performance review to the
  140  President of the Senate and the Speaker of the House of
  141  Representatives as follows:
  142         (c) For all safe neighborhood improvement districts as
  143  defined in s. 163.503(1), no later than September 30, 2025.
  144         Section 9. Section 190.047, Florida Statutes, is repealed.
  145         Section 10. Subsection (3) is added to section 191.013,
  146  Florida Statutes, to read:
  147         191.013 Intergovernmental coordination.—
  148         (3) By October 1 of each year, each independent special
  149  fire control district shall report to the Division of State Fire
  150  Marshal regarding whether each of the district’s volunteer
  151  firefighters has completed the required trainings and received
  152  the required certifications established by the division pursuant
  153  to s. 633.408.
  154         Section 11. Section 388.211, Florida Statutes, is amended
  155  to read:
  156         388.211 Change in district boundaries.—
  157         (1)The boundaries of each district may only be changed by
  158  a special act of the Legislature The board of commissioners of
  159  any district formed prior to July 1, 1980, may, for and on
  160  behalf of the district or the qualified electors within or
  161  without the district, request that the board of county
  162  commissioners in each county having land within the district
  163  approve a change in the boundaries of the district.
  164         (2) If the board of county commissioners approves such
  165  change, an amendment shall be made to the order creating the
  166  district to conform with the boundary change.
  167         Section 12. Subsection (1) of section 388.221, Florida
  168  Statutes, is amended to read:
  169         388.221 Tax levy.—
  170         (1) The board of commissioners of such district may levy
  171  upon all of the real and personal taxable property in said
  172  district a special tax not exceeding 1 mill 10 mills on the
  173  dollar during each year as maintenance tax to be used solely for
  174  the purposes authorized and prescribed by this chapter. The
  175  board of commissioners of a district may increase such special
  176  tax to no more than 2 mills on the dollar if the increase is
  177  approved by a referendum of the qualified electors of the
  178  district held at a general election. Said board shall by
  179  resolution certify to the property appraiser of the county in
  180  which the property is situate, timely for the preparation of the
  181  tax roll, the tax rate to be applied in determining the amount
  182  of the district’s annual maintenance tax. Certified copies of
  183  such resolution executed in the name of said board by its chair
  184  and secretary and under its corporate seal shall be made and
  185  delivered to the property appraiser and the board of county
  186  commissioners of the county in which such district is located,
  187  and to the Department of Revenue not later than September 30 of
  188  such year. The property appraiser of said county shall assess
  189  and the tax collector of said county shall collect the amount of
  190  taxes so assessed and levied by said board of commissioners of
  191  said district upon all of the taxable real and personal property
  192  in said district at the rate of taxation adopted by said board
  193  for said year and included in said resolution, and said levy
  194  shall be included in the warrants of the property appraiser and
  195  attached to the assessment roll of taxes for said county each
  196  year. The tax collector shall collect such taxes so levied by
  197  said board in the same manner as other taxes are collected and
  198  shall pay the same within the time and in the manner prescribed
  199  by law to the treasurer of said board. The Department of Revenue
  200  shall assess and levy on all the railroad lines and railroad
  201  property and telegraph and telephone lines and telegraph and
  202  telephone property situated in said district in the amount of
  203  each such levy as in case of other state and county taxes and
  204  shall collect said taxes thereon in the same manner as it is
  205  required by law to assess and collect taxes for state and county
  206  purposes and remit the same to the treasurer of said board. All
  207  such taxes shall be held by said treasurer for the credit of
  208  said board and paid out by him or her as ordered by said board.
  209         Section 13. Subsection (1) of section 388.271, Florida
  210  Statutes, is amended, and subsection (3) is added to that
  211  section, to read:
  212         388.271 Prerequisites to participation.—
  213         (1) When state funds are involved, it is the duty of the
  214  department to guide, review, approve, and coordinate the
  215  activities of all county governments and special districts
  216  receiving state funds in furtherance of the goal of integrated
  217  arthropod control. Each county or district eligible to
  218  participate hereunder may, and each district must, begin
  219  participation on October 1 of any year by filing with the
  220  department not later than July 15 a tentative work plan and
  221  tentative detailed work plan budget providing for the control of
  222  arthropods. Following approval of the plan and budget by the
  223  department, two copies of the county’s or district’s certified
  224  budget based on the approved work plan and detailed work plan
  225  budget shall be submitted to the department by September 30
  226  following. State funds, supplies, and services shall be made
  227  available to such county or district by and through the
  228  department immediately upon release of funds by the Executive
  229  Office of the Governor.
  230         (3) If a special district fails to submit a tentative work
  231  plan and tentative detailed work plan budget as required by
  232  subsection (1), the department shall send notice of such failure
  233  to the Department of Commerce within 30 days.
  234  ================= T I T L E  A M E N D M E N T ================
  235  And the title is amended as follows:
  236         Delete lines 10 - 54
  237  and insert:
  238         providing term limits for members of governing bodies
  239         of independent special districts elected by the
  240         qualified electors of the district; providing an
  241         exception; providing construction; creating s.
  242         189.0313, F.S.; providing the method for changing
  243         boundaries of an independent special district;
  244         providing an exception; amending s. 189.062, F.S.;
  245         providing additional criteria for declaring a special
  246         district inactive; requiring certain special districts
  247         to provide notice of a proposed declaration of
  248         inactive status in the county or municipality under
  249         certain circumstances; revising the time period for
  250         filing an objection to a proposed declaration;
  251         authorizing a specific objection; providing that a
  252         district declared inactive may only expend funds as
  253         necessary to service outstanding debt and to comply
  254         with existing bond covenants and contractual
  255         obligations; creating s. 189.0694, F.S.; requiring
  256         special districts to establish performance measures to
  257         assess performance; requiring special districts to
  258         publish an annual report concerning performance
  259         measures; amending s. 189.0695, F.S.; requiring the
  260         Office of Program Policy Analysis and Governmental
  261         Accountability to conduct performance reviews;
  262         repealing s. 190.047, F.S., relating to incorporation
  263         or annexation of a district; amending s. 191.013,
  264         F.S.; requiring independent special fire control
  265         districts to annually report training and
  266         certification information regarding volunteer
  267         firefighters to the Division of State Fire Marshal;
  268         amending s. 388.211, F.S.; providing the boundaries of
  269         a mosquito control district may only be changed by
  270         special act; amending s. 388.221, F.S.; reducing the
  271         maximum millage rate for mosquito control districts;
  272         providing an exception; amending s. 388.271, F.S.;
  273         requiring, instead of authorizing, special districts
  274         to file tentative work plans and work plan budgets at
  275         specified intervals; requiring the Department of
  276         Agriculture and Consumer Services to report to the
  277         Department of Commerce if certain special districts
  278         fail to submit specified information; providing an
  279         effective date.