Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 538
                                Barcode 902988                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Ethics and Elections (Diaz de la Portilla)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 55 - 137
    4  and insert:
    5         (b) “Single-county district” or “district” means an
    6  independent special district that is geographically located
    7  within a single county. The term does not include districts for
    8  airport and aviation facilities established pursuant to chapter
    9  332; children’s services districts and juvenile welfare boards
   10  established pursuant to part V of chapter 125; community
   11  development districts established pursuant to chapter 190;
   12  emergency medical services districts created by general law or
   13  special act; independent special fire control districts
   14  established pursuant to chapter 191; hospital districts or
   15  health care districts created by general law or special act;
   16  port districts established pursuant to chapter 315; districts
   17  where a majority of the governing board is composed of municipal
   18  or county commissioners; the Reedy Creek Improvement District;
   19  and a district designated as an improvement district and created
   20  pursuant to chapter 298 or designated as a stewardship district
   21  and created pursuant to s. 189.404, which provides at least four
   22  of the following services: water, sewer, solid waste, drainage,
   23  roads, transportation, public works, fire and rescue, street
   24  lighting, parks and recreation, or library or cultural
   25  facilities.
   26         (2) By September 1, 2013, the department’s Special District
   27  Information Program shall notify each county or municipality and
   28  each single-county district of the municipality or county with
   29  which it is required to commence administrative consolidation
   30  under this section. A district that serves a geographic area of
   31  which at least 60 percent of the district is within the
   32  boundaries of a single municipality shall commence consolidation
   33  with the municipality. All other districts shall commence
   34  consolidation with the county.
   35         (3) Notwithstanding any general law, special act,
   36  ordinance, or charter provision, and except as provided in
   37  paragraph (a), each district shall commence consolidation of
   38  administrative functions with its respective municipality or
   39  county on or before October 1, 2013. The administrative
   40  consolidation shall be managed and directed by the respective
   41  municipality or county and must result in increased efficiencies
   42  and cost savings in the provision of special district services.
   43         (a) If the municipality or county determines that it is
   44  demonstrably unable to increase efficiencies or generate cost
   45  savings through administrative consolidation, this subsection
   46  does not apply. The county or municipality shall send a letter
   47  to the President of the Senate and the Speaker of the House of
   48  Representatives demonstrating this determination by March 1,
   49  2014.
   50         (b) Except for consolidations determined not to result in
   51  increased efficiencies or cost savings under paragraph (a), all
   52  consolidations must be completed by October 1, 2014.
   53         (4) If a single-county district created by special act of
   54  the Legislature fails to comply with subsection (3), the
   55  applicable county or municipality shall send notice of that
   56  failure to the President of the Senate and the Speaker of the
   57  House of Representatives. The notice is sufficient, under s. 10,
   58  Art. III of the State Constitution, to authorize the Legislature
   59  to repeal the district’s enabling special act. If a district
   60  created by a county or municipality fails to comply with this
   61  section, the applicable county or municipality may dissolve the
   62  district.
   63         (5) Notwithstanding any general law, special act,
   64  ordinance, or charter provision, upon expiration of the term of
   65  a district governing board member, the applicable municipality
   66  or county shall appoint the member’s replacement.
   67         (6) Notwithstanding any general law, special act,
   68  ordinance, or charter provision, the district’s provision for
   69  life, health, accident, hospitalization, or annuity or
   70  retirement benefits for its officers and employees and their
   71  dependents, if provided, may not exceed the value of comparable
   72  insurance and benefits provided by the district’s county or
   73  municipality consolidation partner. The Auditor General shall
   74  conduct an operational audit of the accounts and records of a
   75  district that guarantees the total costs for lifetime health
   76  benefits for an officer or employee or their dependents, and
   77  present a written report on the audit to the President of the
   78  Senate and the Speaker of the House of Representatives by
   79  February 1, 2014.
   80         (7) Effective with the fiscal year beginning on October 1,
   81  2013, each single-county district shall annually present, at a
   82  duly noticed public meeting, the district’s proposed budget,
   83  financial audit report, and any tax levy, fee, or special
   84  assessment to the appropriate county or municipality for review.
   85         Section 2. Subsection (1) of section 189.4035, Florida
   86  Statutes, is amended to read:
   87         189.4035 Preparation of official list of special
   88  districts.—
   89         (1) The department of Economic Opportunity shall compile
   90  the official list of special districts. The official list must
   91  of special districts shall include all special districts in this
   92  state, and shall indicate the independent or dependent status of
   93  each district, and include the names and contact information of
   94  current special district governing board members. All special
   95  districts in the list must shall be sorted by county. The
   96  definitions in s. 189.403 shall be the criteria for determining
   97  determination of the independent or dependent status of each
   98  special district on the official list. The status of Community
   99  development districts shall be listed as independent districts
  100  on the official list of special districts.
  103  ================= T I T L E  A M E N D M E N T ================
  104         And the title is amended as follows:
  105         Delete line 13
  106  and insert:
  107         its officers and employees; requiring the Auditor
  108         General to conduct an operational audit of certain
  109         districts relating to lifetime health benefits and
  110         provide a written report to the Legislature; requiring
  111         the district to