Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 538
Senate . House
Comm: RCS .
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:
7 189.4052 Administrative consolidation of independent
9 (1) As used in this section, the term:
10 (a) “Administrative functions” includes, but is not limited
12 1. Staffing and personnel.
13 2. Contracting or purchasing responsibilities and
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
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
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
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.