Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 538
                                Barcode 142916                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2013           .                                

       The Committee on Community Affairs (Latvala) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 189.4052, Florida Statutes, is created
    6  to read:
    7         189.4052Administrative consolidation of independent
    8  districts.—
    9         (1) As used in this section, the term:
   10         (a) “Administrative functions” includes, but is not limited
   11  to:
   12         1. Staffing and personnel.
   13         2. Contracting or purchasing responsibilities and
   14  practices.
   15         3. Facilities management.
   16         4. Information systems.
   17         5. Fleet management.
   18         6. Risk management.
   19         7. Leasehold interests.
   20         (b) “Single-county district” or “district” means an
   21  independent special district that is geographically located
   22  within a single county. The term does not include districts for
   23  airport and aviation facilities established pursuant to chapter
   24  332, children’s services districts established pursuant to part
   25  V of chapter 125, community development districts established
   26  pursuant to chapter 190, emergency medical services districts
   27  created by general law or special act, independent special fire
   28  control districts established pursuant to chapter 191, hospital
   29  districts created by general law or special act, port districts
   30  established pursuant to chapter 315, and the Reedy Creek
   31  Improvement District.
   32         (2) By September 1, 2013, the department’s Special District
   33  Information Program shall notify each county or municipality and
   34  each single-county district of the municipality or county with
   35  which it is required to commence administrative consolidation
   36  under this section.
   37         (a) A district that serves an area wholly within the
   38  boundaries of a single municipality shall commence consolidation
   39  with the municipality.
   40         (b) A district that serves an area that extends beyond the
   41  boundaries of a single municipality or that serves an
   42  exclusively unincorporated area shall commence consolidation
   43  with the county.
   44         (3) Notwithstanding any general law, special act,
   45  ordinance, or charter provision, and except as provided in
   46  paragraph (a), each district shall commence consolidation of
   47  administrative functions with its respective municipality or
   48  county on or before October 1, 2013. The administrative
   49  consolidation shall be managed and directed by the respective
   50  municipality or county and must result in increased efficiencies
   51  and cost savings in the provision of special district services.
   52         (a) If the municipality or county determines that it is
   53  demonstrably unable to increase efficiencies or generate cost
   54  savings through administrative consolidation, this subsection
   55  does not apply. The county or municipality shall send a letter
   56  to the Speaker of the House of Representatives and the President
   57  of the Senate demonstrating this determination by March 1, 2014.
   58         (b) Except for consolidations determined not to result in
   59  increased efficiencies or cost savings under paragraph (a), all
   60  consolidations must be completed by October 1, 2014.
   61         (4) If a single-county district created by special act of
   62  the Legislature fails to comply with subsection (3), the
   63  applicable county or municipality shall send notice of that
   64  failure to the Speaker of the House of Representatives and the
   65  President of the Senate. The notice is sufficient, under s. 10,
   66  Art. III of the State Constitution, to authorize the Legislature
   67  to repeal the district’s enabling special act. If a district
   68  created by a county or municipality fails to comply with this
   69  section, the applicable county or municipality may dissolve the
   70  district.
   71         (5) Notwithstanding any general law, special act,
   72  ordinance, or charter provision, upon expiration of the term of
   73  a district governing board member, the applicable municipality
   74  or county shall appoint the member’s replacement.
   75         (6) Notwithstanding any general law, special act,
   76  ordinance, or charter provision, the district’s provision for
   77  life, health, accident, hospitalization, or annuity or
   78  retirement benefits for its officers and employees and their
   79  dependents, if provided, may not exceed the value of comparable
   80  insurance and benefits provided by the district’s county or
   81  municipality consolidation partner.
   82         (7) Effective with the fiscal year beginning on October 1,
   83  2013, each single-county district shall annually present, at a
   84  duly noticed public meeting, the district’s proposed budget,
   85  financial audit report, and any tax levy, fee, or special
   86  assessment to the appropriate county or municipality for review.
   87         Section 2. Subsection (1) of section 189.4035, Florida
   88  Statutes, is amended to read:
   89         189.4035 Preparation of official list of special
   90  districts.—
   91         (1) The department of Economic Opportunity shall compile
   92  the official list of special districts. The official list must
   93  of special districts shall include all special districts in this
   94  state, and shall indicate the independent or dependent status of
   95  each district, and include the names and contact information of
   96  current special district governing board members. All special
   97  districts in the list must shall be sorted by county. The
   98  definitions in s. 189.403 shall be the criteria for determining
   99  determination of the independent or dependent status of each
  100  special district on the official list. The status of Community
  101  development districts shall be listed as independent districts
  102  on the official list of special districts.
  103         Section 3. Subsection (6) is added to section 189.404,
  104  Florida Statutes, to read:
  105         189.404 Legislative intent for the creation of independent
  106  special districts; special act prohibitions; model elements and
  107  other requirements; general-purpose local government/Governor
  108  and Cabinet creation authorizations.—
  109         (6) TRAVEL AND PER DIEM.—Reimbursement for the travel and
  110  per diem expenses of officers and employees must be consistent
  111  with s. 112.061(6) and (7).
  112         Section 4. Subsection (2) of section 189.412, Florida
  113  Statutes, is amended to read:
  114         189.412 Special District Information Program; duties and
  115  responsibilities.—The Special District Information Program of
  116  the Department of Economic Opportunity is created and has the
  117  following special duties:
  118         (2) The maintenance of a master list of independent and
  119  dependent special districts, which must shall be available on
  120  the department’s website and provide a link to each special
  121  district’s website.
  122         Section 5. Section 189.416, Florida Statutes, is amended to
  123  read:
  124         189.416 Designation of registered office and agent;
  125  identification of board members.—
  126         (1) Within 30 days after the first meeting of its governing
  127  board, each special district in the state shall designate a
  128  registered office and a registered agent and file such
  129  information with the local governing authority or authorities
  130  and with the department.
  131         (a) The registered agent is the shall be an agent of the
  132  district upon whom any process, notice, or demand required or
  133  permitted by law to be served upon the district may be served.
  134  The A registered agent must shall be an individual resident of
  135  this state whose business address is identical with the
  136  registered office of the district. The registered office may be,
  137  but need not be, the same as the place of business of the
  138  special district.
  139         (b)(2) The district may change its registered office or
  140  change its registered agent, or both, upon filing such
  141  information with the local governing authority or authorities
  142  and with the department.
  143         (2) Each district in existence on July 1, 2013, shall
  144  submit the names and contact information of its board members to
  145  the department for inclusion on the department’s official list
  146  of special districts and post the names and information on the
  147  district’s respective local governing authority’s website by
  148  August 1, 2013. Upon creation of a new district, or if a board
  149  member of a current district is replaced, the district shall
  150  forward the new board member names and contact information to
  151  the department and respective local governing authority within
  152  30 days of appointment.
  153         Section 6. Subsection (2) of section 190.008, Florida
  154  Statutes, is amended to read:
  155         190.008 Budget; reports and reviews.—
  156         (2)(a) On or before each June 15, the district manager
  157  shall prepare a proposed budget for the ensuing fiscal year to
  158  be submitted to the board for board approval. The proposed
  159  budget must shall include, at the direction of the board, an
  160  estimate of all necessary expenditures of the district for the
  161  ensuing fiscal year and an estimate of income to the district
  162  from the taxes, assessments, and other revenues provided under
  163  this chapter in this act. The proposed budget must be posted on
  164  the district’s official website at least 2 days before it is
  165  scheduled to be considered at a budget hearing held pursuant to
  166  s. 200.065 or other law.
  167         (a) The board shall consider the proposed budget item by
  168  item and may either approve the budget as proposed by the
  169  district manager or modify the same in part or in whole. If the
  170  board amends the budget, the adopted amendment must be posted on
  171  the official website of the district within 5 days after
  172  adoption. The board shall indicate its approval of the budget by
  173  resolution, which must resolution shall provide for a hearing on
  174  the budget as approved. Notice of the hearing on the budget must
  175  shall be published in a newspaper of general circulation in the
  176  area of the district once a week for 2 consecutive weeks, except
  177  that the first publication must be at least shall be not fewer
  178  than 15 days before prior to the date of the hearing. The notice
  179  must also shall further contain a designation of the day, time,
  180  and place of the public hearing. At the time and place
  181  designated in the notice, the board shall hear all objections to
  182  the budget as proposed and may make such changes as the board
  183  deems necessary. At the conclusion of the budget hearing, the
  184  board shall, by resolution, adopt the budget as finally approved
  185  by the board. The budget must shall be adopted before prior to
  186  October 1 of each year.
  187         (b) At least 2 weeks before 60 days prior to adoption, the
  188  district board shall, at a duly noticed public meeting, present
  189  submit to the local governing authorities having jurisdiction
  190  over the area included in the district:, for purposes of
  191  disclosure and information only,
  192         1. The proposed annual budget for the ensuing fiscal year;
  193         2.and Any proposed long-term financial plan or program of
  194  the district for future operations;
  195         3. Any financial audit report; and
  196         4. Any tax levy, fee, or special assessment.
  197         (c) The local governing authorities may review the proposed
  198  annual budget and any long-term financial plan or program and
  199  may submit written comments relating to any of the items
  200  presented pursuant to paragraph (b) to the board for its
  201  assistance and information in adopting its annual budget and
  202  long-term financial plan or program.
  203         (d) The final adopted budget must be posted on the
  204  district’s official website within 30 days after adoption.
  205         (e) If the district does not operate an official website,
  206  the district shall, within a reasonable period of time as
  207  established by the local general-purpose government or
  208  governments in which the district is located, transmit the
  209  proposed budget, adopted amendments, or final adopted budget to
  210  the manager or administrator of the local general-purpose
  211  government. The manager or administrator shall post the proposed
  212  budget, adopted amendments, or final adopted budget on the
  213  website of the local general-purpose government.
  214         Section 7. This act shall take effect July 1, 2013.
  216  ================= T I T L E  A M E N D M E N T ================
  217         And the title is amended as follows:
  218         Delete everything before the enacting clause
  219  and insert:
  220                        A bill to be entitled                      
  221         An act relating to independent special districts;
  222         creating s. 189.4052, F.S.; providing definitions;
  223         requiring certain single-county independent special
  224         districts to administratively consolidate with the
  225         municipality or county in which they are located if
  226         such consolidation will result in increased
  227         efficiencies; providing for the dissolution of the
  228         district for failure to comply; providing that the
  229         municipality or county appoint all future district
  230         board members; limiting the insurance benefits of
  231         district officers and employees to the benefits
  232         provided by the local governing authority to its
  233         officers and employees; requiring the district to make
  234         an annual presentation to the municipality or county;
  235         amending s. 189.4035, F.S.; requiring the official
  236         list of districts to include the names and contact
  237         information of governing board members; amending s.
  238         189.404, F.S.; providing limitations on reimbursement
  239         for travel and per diem for district officers and
  240         employees; amending s. 189.412, F.S.; requiring the
  241         Special District Information Program to provide a link
  242         to each special district website; amending s. 189.416,
  243         F.S.; requiring each district to provide the names of
  244         and contact information for its board members for
  245         posting on the local governing authority’s website or
  246         the Department of Economic Opportunity’s master list
  247         of districts; amending s. 190.008, F.S.; revising the
  248         information that must be presented by a community
  249         development district to the local governing authority
  250         and requiring the information to be provided at a
  251         publicly noticed meeting; requiring a district’s
  252         proposed budget, adopted amendments, and final adopted
  253         budget to be posted on its website or the website of
  254         the local general-purpose government; providing an
  255         effective date.