Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7072
FOR CONSIDERATION By the Committee on Community Affairs
578-02137B-11 20117072__
1 A bill to be entitled
2 An act relating to special districts; amending s.
3 189.4042, F.S.; providing for the merger of special
4 districts; providing definitions; providing that the
5 merger or dissolution of dependent districts created
6 by special act may be effectuated only by the
7 Legislature; providing that the Legislature may merge
8 independent special districts created by special act;
9 providing for the voluntary merger of independent
10 districts pursuant to a joint resolution of the
11 governing bodies of the districts or upon initiative
12 of the district electors; providing the procedures
13 that must be adhered to, including notice and public
14 hearings; requiring the development and adoption of a
15 merger plan; requiring a referendum; providing for the
16 effective date of the merger; providing that
17 legislative approval of the merger is not required but
18 that the charter of the new district must be submitted
19 for approval; providing restrictions on the merged
20 district until the charter is approved; providing that
21 the ad valorem millage rate in each component
22 independent special district is levied only up to the
23 millage rate previously approved by the electors of
24 the district; providing for the effect of the merger
25 on the property, employees, legal liabilities, and
26 annexations of the component districts; providing for
27 the election of the governing board of the merged
28 district; providing an exemption for independent
29 special districts whose governing bodies are elected
30 on a one-acre/one-vote basis; amending s. 191.014,
31 F.S.; deleting a provision relating to the merger of
32 independent special districts or dependent fire
33 control districts; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 189.4042, Florida Statutes, is amended
38 to read:
39 189.4042 Merger and dissolution procedures.—
40 (1) DEFINITIONS.—As used in this section, the term:
41 (a) “Component independent special district” means an
42 independent special district that proposes to be merged into a
43 merged independent district, or an independent special district
44 as it existed before its merger into the merged independent
45 district of which it is now a part.
46 (b) “Elector-initiated merger plan” means the merger plan
47 of two or more independent special districts, a majority of
48 whose qualified electors have elected to merge, which outlines
49 the terms and agreements for the official merger of the
50 districts, and is finalized and approved by the governing bodies
51 of the districts pursuant to this section.
52 (c) “Governing body” means the governing body of the
53 independent special district in which the general legislative,
54 governmental, or public powers of the district are vested and by
55 authority of which the official business of the district is
56 conducted.
57 (d) “Initiative” means the filing of a petition containing
58 a proposal for a referendum to be placed on the ballot for
59 election.
60 (e) “Joint merger plan” means the merger plan that is
61 adopted by resolution of the governing bodies of two or more
62 independent special districts, that outlines the terms and
63 agreements for the official merger of the districts, and that is
64 finalized and approved by the governing bodies pursuant to this
65 section.
66 (f) “Merged independent district” means a single
67 independent special district that results from a successful
68 merger of two or more independent special districts pursuant to
69 this section.
70 (g) “Merger” means the combination of two or more
71 independent special districts that combine to become a newly
72 created merged independent district that assumes jurisdiction
73 over all of the component independent special districts.
74 (h) “Merger plan” means a written document that contains
75 the terms, agreements, and information regarding the merger of
76 two or more independent special districts.
77 (i) “Proposed elector-initiated merger plan” means a
78 written document that contains the terms and information
79 regarding the merger of two or more independent special
80 districts and that accompanies the petition initiated by the
81 qualified electors of the districts, but that is not yet
82 finalized and approved by the governing bodies of each component
83 independent special district pursuant to this section.
84 (j) “Proposed joint merger plan” means a written document
85 that contains the terms and information regarding the merger of
86 two or more independent special districts and that has been
87 prepared pursuant to a resolution of the governing bodies of the
88 districts, but that is not yet finalized and approved by the
89 governing bodies of each component independent special district
90 pursuant to this section.
91 (k) “Qualified elector” means an individual at least 18
92 years of age who is a citizen of the United States, a permanent
93 resident of this state, a freeholder or freeholder’s spouse, and
94 a resident of the district who registers with the supervisor of
95 elections of a county within which the district lands are
96 located when the registration books are open.
97 (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
98 (a) The merger or dissolution of a dependent special
99 district districts may be effectuated by an ordinance of the
100 general-purpose local governmental entity wherein the
101 geographical area of the district or districts is located.
102 However, a county may not dissolve a special district that is
103 dependent to a municipality or vice versa, or a dependent
104 district created by special act.
105 (b) The merger or dissolution of a dependent district
106 created and operating pursuant to a special act may be
107 effectuated only by further act of the Legislature unless
108 otherwise provided by general law.
109 (c)(b) A copy of any ordinance and of any changes to a
110 charter affecting the status or boundaries of one or more
111 special districts shall be filed with the Special District
112 Information Program within 30 days after of such activity.
113 (3)(2) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.—
114 (a) The merger or dissolution of an independent special
115 district or a dependent district created and operating pursuant
116 to a special act may only be effectuated only by the Legislature
117 unless otherwise provided by general law.
118 (b) If an inactive independent special district was created
119 by a county or municipality through a referendum, the county or
120 municipality that created the district may dissolve the district
121 after publishing notice as described in s. 189.4044. If an
122 independent special district was created by a county or
123 municipality by referendum or any other procedure, the county or
124 municipality that created the district may merge or dissolve the
125 district pursuant to a referendum or any other the same
126 procedure by which the independent district was created.
127 However, if the for any independent special district that has ad
128 valorem taxation powers, the same procedure required to grant
129 the such independent district ad valorem taxation powers is
130 shall also be required to dissolve or merge the district.
131 (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
132 The Legislature may merge independent special districts created
133 and operating pursuant to special act.
134 (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
135 or more independent special districts created by special act
136 which have similar functions and elected governing bodies may
137 elect to merge into a single independent district through the
138 act of merging the component independent special districts
139 (a) Initiation.—Merger proceedings may commence by:
140 1. A joint resolution of the governing bodies of each
141 independent special district which endorses a proposed joint
142 merger plan; or
143 2. A qualified elector initiative.
144 (b) Joint merger plan by resolution.—The governing bodies
145 of two or more independent special districts may, by joint
146 resolution, endorse a proposed joint merger plan to commence
147 proceedings to merge the districts pursuant to this subsection.
148 1. The proposed joint merger plan must specify:
149 a. The name of each component independent special district
150 to be merged;
151 b. The name of the proposed merged independent district;
152 c. The rights, duties, and obligations of the proposed
153 merged independent district;
154 d. The territorial boundaries of the proposed merged
155 independent district;
156 e. The governmental organization of the proposed merged
157 independent district insofar as it concerns elected and
158 appointed officials and public employees, along with a
159 transitional plan and schedule for elections and appointments of
160 officials;
161 f. A fiscal estimate of the potential cost or savings as a
162 result of the merger;
163 g. Each component independent special district’s assets,
164 including, but not limited to, real and personal property, and
165 the current value thereof;
166 h. Each component independent special district’s
167 liabilities and indebtedness, bonded and otherwise, and the
168 current value thereof;
169 i. Terms for the assumption and disposition of existing
170 assets, liabilities, and indebtedness of each component
171 independent special district jointly, separately, or in defined
172 proportions;
173 j. Terms for the common administration and uniform
174 enforcement of existing laws within the proposed merged
175 independent district;
176 k. The times and places for public hearings on the proposed
177 joint merger plan;
178 l. The times and places for a referendum in each component
179 independent special district on the proposed joint merger plan,
180 along with the referendum language to be presented for approval;
181 and
182 m. The effective date of the proposed merger.
183 2. The resolution endorsing the proposed joint merger plan
184 must be approved by a majority vote of the governing bodies of
185 each component independent special district and adopted at least
186 60 business days before any general or special election on the
187 proposed joint merger plan.
188 3. Within 5 business days after the governing bodies
189 approve the resolution endorsing the proposed joint merger plan,
190 the governing bodies must:
191 a. Cause a copy of the proposed joint merger plan, along
192 with a descriptive summary of the plan, to be displayed and be
193 readily accessible to the public for inspection in at least
194 three public places within the territorial limits of each
195 component independent special district, unless a component
196 district has fewer than three public places, in which case the
197 plan must be accessible for inspection in all public places
198 within the component independent special district;
199 b. If applicable, cause the proposed joint merger plan,
200 along with a descriptive summary of the plan and a reference to
201 the public places within each component independent special
202 district where a copy of the merger plan may be examined, to be
203 displayed on a website maintained by each district or on a
204 website maintained by the county or municipality in which the
205 districts are located; and
206 c. Arrange for a descriptive summary of the proposed joint
207 merger plan and a reference to the public places within the
208 district where a copy may be examined, to be published in a
209 newspaper of general circulation within the component
210 independent special districts at least once each week for 4
211 successive weeks.
212 4. The governing body of each component independent special
213 district shall set a time and place for one or more public
214 hearings on the proposed joint merger plan. The public hearing
215 shall be held on a weekday at least 7 business days after the
216 day the first advertisement is published on the proposed joint
217 merger plan. The hearings may be held jointly or separately by
218 the governing bodies of each component district. Any interested
219 person residing in the respective district shall be given a
220 reasonable opportunity to be heard on any aspect of the proposed
221 merger at the public hearing.
222 a. Notice of the public hearing addressing the resolution
223 for the proposed joint merger plan must be published pursuant to
224 the notice requirements under s. 189.417 and must provide a
225 descriptive summary of the proposed joint merger plan and a
226 reference to the public places within the component independent
227 special districts where a copy of the plan may be examined.
228 b. After the final public hearing, the governing bodies of
229 each component independent special district may amend the
230 proposed joint merger plan if the amended version complies with
231 the notice and public hearing requirements provided in this
232 subsection. Thereafter, the governing bodies may approve a final
233 version of the joint merger plan or decline to proceed further
234 with the merger. Approval by the governing bodies of the final
235 version of the joint merger plan must occur within 60 business
236 days after the final hearing.
237 5. After the final public hearing, the governing bodies
238 shall notify the supervisors of elections of the applicable
239 counties in which district lands are located of the adoption of
240 the resolution by each governing body. The supervisors of
241 elections shall schedule separate referendums for each component
242 independent special district. The referendums may be held in
243 each district on the same day, or on different days, but no more
244 than 20 days apart.
245 a. Notice of a referendum on the merger of independent
246 special districts must be provided pursuant to the notice
247 requirements in s. 100.342. At a minimum, the notice must
248 include:
249 (I) A brief summary of the resolution and joint merger
250 plan;
251 (II) A statement as to where a copy of the resolution and
252 joint merger plan may be examined;
253 (III) The names of the component independent special
254 districts and a description of their territory;
255 (IV) The times and places at which the referendum will be
256 held; and
257 (V) Such other matters as may be necessary to call, provide
258 for, and give notice of the referendum and to provide for the
259 conduct thereof and the canvass of the returns.
260 b. The referendums must be held in accordance with the
261 Florida Election Code and may be held pursuant to ss. 101.6101
262 101.6107. All costs associated with the referendums shall be
263 borne by the respective component independent special district.
264 c. The ballot question in such referendum placed before the
265 qualified electors of each component independent special
266 district to be merged must be in substantially the following
267 form:
268
269 “Shall (...name of component independent special
270 district...) and (...name of component independent special
271 district or districts...) be merged into (...name of new merged
272 independent district...)?
273 _____YES
274 _____NO”
275
276 d. If the component independent special districts have
277 disparate millage rates, the ballot question in the referendum
278 placed before the qualified electors of each component district
279 must be in substantially the following form:
280
281 “Shall (...name of component independent special
282 district...) and (...name of component independent special
283 district or districts...) be merged into (...name of new merged
284 independent district...), if the voter-approved maximum millage
285 rate within each independent special district will not increase
286 absent a subsequent referendum?
287 _____YES
288 _____NO”
289
290 e. In any referendum held pursuant to this subsection, the
291 ballots shall be counted, returns made and canvassed, and
292 results certified in the same manner as other elections or
293 referendums for the component independent special districts.
294 f. The merger may not take effect unless a majority of the
295 votes cast in each component independent special district are in
296 favor of the merger. If one of the component districts does not
297 obtain a majority vote, the referendum fails, and merger does
298 not take effect.
299 g. If merger is approved by a majority of the votes cast in
300 each component independent special district, the merged
301 independent district is created. Upon approval, the merged
302 district shall notify the Special District Information Program
303 pursuant to s. 189.418(2) and the local general-purpose
304 governments in which any part of the component districts is
305 situated pursuant to s. 189.418(7).
306 h. If the referendum fails, the merger process under this
307 paragraph may not be initiated for the same purpose within 2
308 years after the date of the referendum.
309 6. Component independent special districts merged pursuant
310 to a joint merger plan by resolution shall continue to be
311 governed as before the merger until the effective date specified
312 in the adopted joint merger plan.
313 (c) Qualified elector-initiated merger plan.—The qualified
314 electors of two or more independent special districts may
315 commence a merger proceeding by each filing a petition with the
316 governing bodies of each independent special district proposing
317 to be merged. The petition must contain the signatures of at
318 least 20 percent of the qualified electors of each component
319 independent special district.
320 1. The petition must comply with, and be circulated in, the
321 following form:
322
323 PETITION FOR INDEPENDENT SPECIAL DISTRICT MERGER
324
325 We, the undersigned electors and legal voters of (...name
326 of independent special district...), qualified to vote at the
327 next general or special election, respectfully petition that
328 there be submitted to the electors and legal voters of (...name
329 of independent special district or districts proposed to be
330 merged...), for their approval or rejection at a referendum held
331 for that purpose, a proposal to merge (...name of component
332 independent special district...) and (...name of component
333 independent special district or districts...)
334
335 In witness thereof, we have signed our names on the date
336 indicated next to our signatures.
337
338 Date Name (print under signature) Home Address
339 ___________________________________________________________
340 ___________________________________________________________
341
342 2. The petition must be validated by a signed statement by
343 a witness who is a duly qualified elector of one of the
344 component independent special districts, a notary public, or
345 another person authorized to take acknowledgements.
346 a. A statement that is signed by a witness who is a duly
347 qualified elector of the respective district shall be accepted
348 for all purposes as the equivalent of an affidavit. Such
349 statement must be in substantially the following form:
350
351 “I, (...name of witness...), state that I am a duly
352 qualified voter of (...name of independent special district...).
353 Each of the (...insert number...) persons who have signed this
354 petition sheet has signed his or her name in my presence on the
355 dates indicated above and identified himself or herself to be
356 the same person who signed the sheet. I understand that this
357 statement will be accepted for all purposes as the equivalent of
358 an affidavit, and if it contains a materially false statement,
359 shall subject me to the penalties of perjury.”
360
361 Date Signature of Witness
362
363 b. A statement that is signed be a notary public or another
364 person authorized to take acknowledgements must be in
365 substantially the following form:
366
367 “On the date indicated above before me personally came each
368 of the (...insert number...) electors and legal voters whose
369 signatures appear on this petition sheet, who signed the
370 petition in my presence and who, being by me duly sworn, each
371 for himself or herself, identified himself or herself as the
372 same person who signed the petition, and I declare that the
373 foregoing information they provided was true.”
374
375 Date Signature of Witness
376
377 c. An alteration or correction of information appearing on
378 a petition’s signature line, other than an uninitialed signature
379 and date, does not invalidate such signature. In matters of
380 form, this paragraph shall be liberally construed, not
381 inconsistent with substantial compliance thereto and the
382 prevention of fraud.
383 d. The appropriately signed petition must be filed with the
384 governing board of each component independent special district.
385 The petition must be submitted to the supervisors of elections
386 of the counties in which the district lands are located. The
387 supervisors shall, within 30 business days after receipt of the
388 petitions, certify to the governing boards the number of
389 signatures of qualified electors contained on the petitions.
390 3. Upon verification by the supervisors of election of the
391 counties within which component independent special district
392 lands are located that 20 percent of the qualified electors have
393 petitioned for merger, the governing bodies of each component
394 district shall meet within 30 business days to prepare and
395 approve by resolution a proposed elector-initiated merger plan.
396 The proposed plan must include:
397 a. The name of each component independent special district
398 to be merged;
399 b. The name of the proposed merged independent district;
400 c. The rights, duties, and obligations of the merged
401 independent district;
402 d. The territorial boundaries of the proposed merged
403 independent district;
404 e. The governmental organization of the proposed merged
405 independent district insofar as it concerns elected and
406 appointed officials and public employees, along with a
407 transitional plan and schedule for elections and appointments of
408 officials;
409 f. A fiscal estimate of the potential cost or savings as a
410 result of the merger;
411 g. Each component independent special district’s assets,
412 including, but not limited to, real and personal property, and
413 the current value thereof;
414 h. Each component independent special district’s
415 liabilities and indebtedness, bonded and otherwise, and the
416 current value thereof;
417 i. Terms for the assumption and disposition of existing
418 assets, liabilities, and indebtedness of each component
419 independent special district, jointly, separately, or in defined
420 proportions;
421 j. Terms for the common administration and uniform
422 enforcement of existing laws within the proposed merged
423 independent district;
424 k. The times and places for public hearings on the proposed
425 joint merger plan; and
426 l. The effective date of the proposed merger.
427 4. The resolution endorsing the proposed elector-initiated
428 merger plan must be approved by a majority vote of the governing
429 bodies of each component independent special district and must
430 be adopted at least 60 business days before any general or
431 special election on the proposed elector-initiated plan.
432 5. Within 5 business days after the governing bodies of
433 each component independent special district approve the proposed
434 elector-initiated merger plan, the governing bodies shall:
435 a. Cause a copy of the proposed elector-initiated merger
436 plan, along with a descriptive summary of the plan, to be
437 displayed and be readily accessible to the public for inspection
438 in at least three public places within the territorial limits of
439 each component independent special district, unless a component
440 district has fewer than three public places, in which case the
441 plan must be accessible for inspection in all public places
442 within the component independent special district;
443 b. If applicable, cause the proposed elector-initiated
444 merger plan, along with a descriptive summary of the plan and a
445 reference to the public places within each component independent
446 special district where a copy of the merger plan may be
447 examined, to be displayed on a website maintained by each
448 district or otherwise on a website maintained by the county or
449 municipality in which the districts are located; and
450 c. Arrange a descriptive summary of the proposed elector
451 initiated merger plan and a reference to the public places
452 within the district where a copy may be examined, to be
453 published in a newspaper of general circulation within the
454 component independent special districts at least once each week
455 for 4 successive weeks.
456 6. The governing body of each component independent special
457 district shall set the time and place for one or more public
458 hearings on the proposed elector-initiated merger plan. The
459 public hearing shall be held on a weekday at least 7 business
460 days after the day the first advertisement is published on the
461 proposed elector-initiated merger plan. The hearing or hearings
462 may be held jointly or separately by the governing bodies of
463 each component independent special district. Any interested
464 person residing in the respective district shall be given a
465 reasonable opportunity to be heard on any aspect of the proposed
466 merger at the public hearing.
467 a. Notice of the public hearing on the proposed elector
468 initiated merger plan must be published pursuant to the notice
469 requirements provided in s. 189.417 and must provide a
470 descriptive summary of the elector-initiated merger plan and a
471 reference to the places within the component independent special
472 districts where a copy of the plan may be examined.
473 b. After the final public hearing, the governing bodies of
474 each component independent special district may amend the
475 proposed elector-initiated merger plan if the amended version
476 complies with the notice and public hearing requirements
477 provided in this subsection. The governing bodies must approve a
478 final version of the merger plan within 60 business days after
479 the final hearing.
480 7. After the final public hearing, the governing bodies
481 shall notify the supervisors of elections of the applicable
482 counties in which district lands are located of the adoption of
483 the resolution by each component independent special district.
484 The supervisors of elections shall schedule a date for the
485 separate referendums for each district. The referendums may be
486 held in each district on the same day, or on different days, but
487 no more than 20 days apart.
488 a. Notice of a referendum on the merger of the component
489 independent special districts must be provided pursuant to the
490 notice requirements in s. 100.342. At a minimum, the notice must
491 include:
492 (I) A brief summary of the resolution and elector-initiated
493 merger plan;
494 (II) A statement as to where a copy of the resolution and
495 petition for merger may be examined;
496 (III) The names of the component independent special
497 districts to be merged and a description of their territory;
498 (IV) The times and places at which the referendum will be
499 held; and
500 (V) Such other matters as may be necessary to call, provide
501 for, and give notice of the referendum and to provide for the
502 conduct thereof and the canvass of the returns.
503 b. The referendums must be held in accordance to the
504 Florida Election Code and may be held pursuant to ss. 101.6101
505 101.6107. All costs associated with the referendums shall be
506 borne by the respective component independent special district.
507 c. The ballot question in such referendum placed before the
508 qualified electors of each component independent special
509 district must be in substantially the following form:
510
511 “Shall (...name of component independent special
512 district...) and (...name of component independent special
513 district or districts...) be merged into (...name of new merged
514 independent district...)?
515 _____YES
516 _____NO”
517
518 d. If the component independent special districts proposing
519 to merge have disparate millage rates, the ballot question in
520 such referendum placed before the qualified electors of each
521 component special district must be in substantially the
522 following form:
523
524 “Shall (...name of component independent special
525 district...) and (...name of component independent special
526 district or districts...) be merged into (...name of new merged
527 independent district...), if the voter-approved maximum millage
528 rate within each independent special district will not increase
529 absent a subsequent referendum?
530
531 _____YES
532 _____NO”
533
534 e. In any referendum held pursuant to this subsection, the
535 ballots shall be counted, returns made and canvassed, and
536 results certified in the same manner as other elections or
537 referendums for the component independent special districts.
538 f. The merger may not take effect unless a majority of the
539 votes cast in each component independent special district are in
540 favor of the merger. If one of the component independent special
541 districts does not obtain a majority vote, the referendum fails,
542 and merger does not take effect.
543 g. If merger is approved by a majority of the votes cast in
544 each component independent special district, the merged district
545 shall notify the Special District Information Program pursuant
546 to s. 189.418(2) and the local general-purpose governments in
547 which any part of the component independent special districts is
548 situated pursuant to s. 189.418(7).
549 h. If the referendum fails, the merger process specified by
550 this paragraph may not be initiated for the same purpose within
551 2 years after the date of the referendum.
552 8. Component independent special districts merged pursuant
553 to an elector-initiated merger plan shall continue to be
554 governed as before the merger until the effective date specified
555 in the adopted elector-initiated merger plan.
556 (d) Effective date.—The effective date of the merger shall
557 be as provided in the joint merger plan or elector-initiated
558 merger plan, as appropriate, and is not contingent upon the
559 future act of the Legislature.
560 1. However, as soon as practicable, the merged independent
561 district shall, at its own expense, submit a unified charter for
562 the merged district to the Legislature for approval. The unified
563 charter must make the powers of the district consistent within
564 the merged independent district and repeal the special acts of
565 the districts which existed before the merger.
566 2. Within 30 business days after the effective date of the
567 merger, the merged independent district’s governing board, as
568 indicated in this subsection, shall hold an organizational
569 meeting to implement the provisions of the joint merger plan or
570 elector-initiated merger plan, as appropriate.
571 (e) Restrictions during transition period.—Until the
572 Legislature formally approves the unified charter pursuant to a
573 special act, each component independent special district is
574 considered a subunit of the merged independent district subject
575 to the following restrictions:
576 1. During the transition period, the merged independent
577 district is limited in its powers and financing capabilities
578 within each subunit to those powers that existed within the
579 boundaries of each subunit which were previously granted to the
580 component independent special district in its existing charter
581 before the merger. The merged independent district may not,
582 solely by reason of the merger, increase its powers or financing
583 capability.
584 2. During the transition period, the merged independent
585 district shall exercise only the legislative authority to levy
586 and collect revenues within the boundaries of each subunit which
587 was previously granted to the component independent special
588 district by its existing charter before the merger, including
589 the authority to levy ad valorem taxes, non-ad valorem
590 assessments, impact fees, and charges.
591 a. The merged independent district may not, solely by
592 reason of the merger, increase ad valorem taxes on property
593 within the original limits of a subunit beyond the maximum ad
594 valorem rate approved by the electors of the component
595 independent special district. For purposes of s. 2, Art. VII of
596 the State Constitution, each subunit may be considered a
597 separate taxing unit. The merged independent district may levy
598 an ad valorem millage rate within a subunit, if applicable, only
599 up to the millage rate that was previously approved by the
600 electors of the component independent special district unless an
601 increase in the millage rate is approved pursuant to state law.
602 b. The merged independent district may not, solely by
603 reason of the merger, charge non-ad valorem assessments, impact
604 fees, or other new fees within a subunit which were not
605 otherwise previously authorized to be charged.
606 3. During the transition period, each component independent
607 special district of the merged independent district must
608 continue to file all information and reports required under this
609 chapter as subunits until the Legislature formally approves the
610 unified charter pursuant to a special act.
611 4. The intent of this section is to preserve and transfer
612 all authority to the merged independent district which exists
613 within each subunit and was previously granted by the
614 Legislature and, if applicable, by referendum.
615 (f) Effect of merger, generally.—On and after the effective
616 date of the merger, the merged independent district shall be
617 treated and considered for all purposes as one entity under the
618 name and on the terms and conditions set for in the joint merger
619 plan or elector-initiated merger plan, as appropriate.
620 1. All rights, privileges, and franchises of each component
621 independent special district and all assets, real and personal
622 property, books, records, papers, seals and equipment, as well
623 as other things in action, belonging to each component
624 independent special district before merger, shall be deemed as
625 transferred to and vested in the merged independent district
626 without further act or deed.
627 2. All property, rights-of-way, and other interests are as
628 effectually the property of the merged independent district as
629 they were of the component independent special district before
630 the merger. The title to real estate, by deed or otherwise,
631 under the laws of this state vested in any component independent
632 special district before the merger, may not be deemed to revert
633 or be in any way impaired by reason of the merger.
634 3. The merged independent district is in all respects
635 subject to all obligations and liabilities imposed and possess
636 all the rights, powers, and privileges vested by law in other
637 similar entities.
638 4. Upon the effective date of the merger, the joint merger
639 plan or elector-initiated merger plan, as appropriate, is
640 subordinate in all respects to the contract rights of all
641 holders of any securities or obligations of the component
642 independent special districts outstanding at the effective date
643 of the merger.
644 5. The new registration of electors is not necessary as a
645 result of the merger, but all elector registrations of the
646 component independent special districts shall be transferred to
647 the proper registration books of the merged independent
648 district, and new registrations shall be made as provided by law
649 as if no merger had taken place.
650 (g) Governing board of merged independent district.—
651 1. From the effective date of the merger until the next
652 general election, the governing board of the merged independent
653 district shall be comprised of the governing board members of
654 each component independent special district, with such members
655 serving until the governing board members elected at the next
656 general election take office.
657 2. Beginning with the next general election following the
658 effective date of merger, the governing board of the merged
659 independent district shall be comprised of five members. The
660 office of each governing board member shall be designated by
661 seat, which shall be distinguished from other board member seats
662 by an assigned numeral: 1, 2, 3, 4, or 5. The governing board
663 members that are elected in this initial election following the
664 merger shall serve unequal terms of 2 and 4 years in order to
665 create staggered membership of the governing board, with:
666 a. Board member seats 1, 3, and 5 being designated for 4
667 year terms; and
668 b. Board member seats 2 and 4 being designated for 2-year
669 terms.
670 3. In general elections thereafter, all governing board
671 members shall serve 4-year terms.
672 (h) Effect on employees.—Except as otherwise provided by
673 law and except for those officials and employees protected by
674 tenure of office, civil service provisions, or a collective
675 bargaining agreement, upon the effective date of merger, all
676 appointive offices and positions existing in all component
677 independent special districts involved in the merger are subject
678 to the terms of the joint merger plan or elector-initiated
679 merger plan, as appropriate. Such plan may provide for instances
680 in which there are duplications of positions, and for other
681 matters such as varying lengths of employee contracts, varying
682 pay levels or benefits, different civil service regulations in
683 the constituent entities, and differing ranks and position
684 classifications for similar positions. For those employees who
685 are members of a bargaining unit certified by the Public
686 Employees Relations Commission, the requirements of chapter 447
687 apply.
688 (i) Debts, liabilities, and obligations.—
689 1. All valid and lawful debts and liabilities existing
690 against a merged independent district, or which may arise or
691 accrue against the merged independent district, which but for
692 merger would be valid and lawful debts or liabilities against
693 one or more of the component independent special districts, are
694 debts against or liabilities of the merged independent district
695 and accordingly shall be defrayed and answered to by the merged
696 independent district to the same extent, and no further than,
697 the component independent special districts would have been
698 bound if a merger had not taken place.
699 2. The rights of creditors and all liens upon the property
700 of any of the component independent special districts shall be
701 preserved unimpaired. The respective component districts shall
702 be deemed to continue in existence to preserve such rights and
703 liens, and all debts, liabilities, and duties of any of the
704 component districts attach to the merged independent district.
705 3. All bonds, contracts, and obligations of the component
706 independent special districts which exist as legal obligations
707 are obligations of the merged independent district, and all such
708 obligations shall be issued or entered into by and in the name
709 of the merged independent district.
710 (j) Effect on actions and proceedings.—In any action or
711 proceeding pending on the effective date of merger to which a
712 component independent special district is a party, the merged
713 independent district may be substituted in its place, and the
714 action or proceeding may be prosecuted to judgment as if merger
715 had not taken place. Suits may be brought and maintained against
716 a merged independent district in any state court in the same
717 manner as against any other independent special district.
718 (k) Annexation.—Chapter 171 continues to apply to all
719 annexations by a city within the component independent special
720 districts’ boundaries after merger occurs. Any moneys owed to a
721 component district pursuant to s. 171.093, or any interlocal
722 service boundary agreement as a result of annexation predating
723 the merger, shall be paid to the merged independent district
724 after merger.
725 (l) Determination of rights.—If any right, title, interest,
726 or claim arises out of a merger or by reason thereof which is
727 not determinable by reference to the provisions in this
728 subsection, the joint merger plan or elector-initiated merger
729 plan, as appropriate, or otherwise under the laws of this state,
730 the governing body of the merged independent district may
731 provide therefor in a manner conforming to law.
732 (m) Exemption.—This subsection does not apply to
733 independent special districts whose governing bodies are elected
734 on a one-acre/one-vote basis.
735 (n) Preemption.—This subsection preempts any special act to
736 the contrary.
737 (6)(3) EXEMPTIONS.—The provisions of This section does
738 shall not apply to community development districts implemented
739 pursuant to chapter 190 or to water management districts created
740 and operated pursuant to chapter 373.
741 Section 2. Section 191.014, Florida Statutes, is amended to
742 read:
743 191.014 District creation and, expansion, and merger.—
744 (1) New districts may be created only by the Legislature
745 under s. 189.404.
746 (2) The boundaries of a district may be modified, extended,
747 or enlarged upon approval or ratification by the Legislature.
748 (3) The merger of a district with all or portions of other
749 independent special districts or dependent fire control
750 districts is effective only upon ratification by the
751 Legislature. A district may not, solely by reason of a merger
752 with another governmental entity, increase ad valorem taxes on
753 property within the original limits of the district beyond the
754 maximum established by the district’s enabling legislation,
755 unless approved by the electors of the district by referendum.
756 Section 3. This act shall take effect July 1, 2011.