Florida Senate - 2013                              CS for SB 538
       By the Committee on Community Affairs; and Senators Ring and
       578-02028-13                                           2013538c1
    1                        A bill to be entitled                      
    2         An act relating to special districts; creating s.
    3         189.4052, F.S.; providing definitions; requiring
    4         certain single-county independent special districts to
    5         administratively consolidate with the municipality or
    6         county in which they are located if such consolidation
    7         will result in increased efficiencies; providing for
    8         the dissolution of the district for failure to comply;
    9         providing that the municipality or county appoint all
   10         future district board members; limiting the insurance
   11         benefits of district officers and employees to the
   12         benefits provided by the local governing authority to
   13         its officers and employees; requiring the district to
   14         make an annual presentation to the municipality or
   15         county; amending s. 189.4035, F.S.; requiring the
   16         official list of districts to include the names and
   17         contact information of governing board members;
   18         amending s. 189.404, F.S.; providing limitations on
   19         reimbursement for travel and per diem for district
   20         officers and employees; amending s. 189.412, F.S.;
   21         requiring the Special District Information Program to
   22         provide a link to each special district website;
   23         amending s. 189.416, F.S.; requiring each district to
   24         provide the names of and contact information for its
   25         board members for posting on the local governing
   26         authority’s website or the Department of Economic
   27         Opportunity’s master list of districts; amending s.
   28         190.008, F.S.; revising the information that must be
   29         presented by a community development district to the
   30         local governing authority and requiring the
   31         information to be provided at a publicly noticed
   32         meeting; requiring a district’s proposed budget,
   33         adopted amendments, and final adopted budget to be
   34         posted on its website or the website of the local
   35         general-purpose government; providing an effective
   36         date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Section 189.4052, Florida Statutes, is created
   41  to read:
   42         189.4052Administrative consolidation of independent
   43  districts.—
   44         (1) As used in this section, the term:
   45         (a) “Administrative functions” includes, but is not limited
   46  to:
   47         1. Staffing and personnel.
   48         2. Contracting or purchasing responsibilities and
   49  practices.
   50         3. Facilities management.
   51         4. Information systems.
   52         5. Fleet management.
   53         6. Risk management.
   54         7. Leasehold interests.
   55         (b) “Single-county district” or “district” means an
   56  independent special district that is geographically located
   57  within a single county. The term does not include districts for
   58  airport and aviation facilities established pursuant to chapter
   59  332, children’s services districts established pursuant to part
   60  V of chapter 125, community development districts established
   61  pursuant to chapter 190, emergency medical services districts
   62  created by general law or special act, independent special fire
   63  control districts established pursuant to chapter 191, hospital
   64  districts created by general law or special act, port districts
   65  established pursuant to chapter 315, and the Reedy Creek
   66  Improvement District.
   67         (2) By September 1, 2013, the department’s Special District
   68  Information Program shall notify each county or municipality and
   69  each single-county district of the municipality or county with
   70  which it is required to commence administrative consolidation
   71  under this section.
   72         (a) A district that serves an area wholly within the
   73  boundaries of a single municipality shall commence consolidation
   74  with the municipality.
   75         (b) A district that serves an area that extends beyond the
   76  boundaries of a single municipality or that serves an
   77  exclusively unincorporated area shall commence consolidation
   78  with the county.
   79         (3) Notwithstanding any general law, special act,
   80  ordinance, or charter provision, and except as provided in
   81  paragraph (a), each district shall commence consolidation of
   82  administrative functions with its respective municipality or
   83  county on or before October 1, 2013. The administrative
   84  consolidation shall be managed and directed by the respective
   85  municipality or county and must result in increased efficiencies
   86  and cost savings in the provision of special district services.
   87         (a) If the municipality or county determines that it is
   88  demonstrably unable to increase efficiencies or generate cost
   89  savings through administrative consolidation, this subsection
   90  does not apply. The county or municipality shall send a letter
   91  to the Speaker of the House of Representatives and the President
   92  of the Senate demonstrating this determination by March 1, 2014.
   93         (b) Except for consolidations determined not to result in
   94  increased efficiencies or cost savings under paragraph (a), all
   95  consolidations must be completed by October 1, 2014.
   96         (4) If a single-county district created by special act of
   97  the Legislature fails to comply with subsection (3), the
   98  applicable county or municipality shall send notice of that
   99  failure to the Speaker of the House of Representatives and the
  100  President of the Senate. The notice is sufficient, under s. 10,
  101  Art. III of the State Constitution, to authorize the Legislature
  102  to repeal the district’s enabling special act. If a district
  103  created by a county or municipality fails to comply with this
  104  section, the applicable county or municipality may dissolve the
  105  district.
  106         (5) Notwithstanding any general law, special act,
  107  ordinance, or charter provision, upon expiration of the term of
  108  a district governing board member, the applicable municipality
  109  or county shall appoint the member’s replacement.
  110         (6) Notwithstanding any general law, special act,
  111  ordinance, or charter provision, the district’s provision for
  112  life, health, accident, hospitalization, or annuity or
  113  retirement benefits for its officers and employees and their
  114  dependents, if provided, may not exceed the value of comparable
  115  insurance and benefits provided by the district’s county or
  116  municipality consolidation partner.
  117         (7) Effective with the fiscal year beginning on October 1,
  118  2013, each single-county district shall annually present, at a
  119  duly noticed public meeting, the district’s proposed budget,
  120  financial audit report, and any tax levy, fee, or special
  121  assessment to the appropriate county or municipality for review.
  122         Section 2. Subsection (1) of section 189.4035, Florida
  123  Statutes, is amended to read:
  124         189.4035 Preparation of official list of special
  125  districts.—
  126         (1) The department of Economic Opportunity shall compile
  127  the official list of special districts. The official list must
  128  of special districts shall include all special districts in this
  129  state, and shall indicate the independent or dependent status of
  130  each district, and include the names and contact information of
  131  current special district governing board members. All special
  132  districts in the list must shall be sorted by county. The
  133  definitions in s. 189.403 shall be the criteria for determining
  134  determination of the independent or dependent status of each
  135  special district on the official list. The status of Community
  136  development districts shall be listed as independent districts
  137  on the official list of special districts.
  138         Section 3. Subsection (6) is added to section 189.404,
  139  Florida Statutes, to read:
  140         189.404 Legislative intent for the creation of independent
  141  special districts; special act prohibitions; model elements and
  142  other requirements; general-purpose local government/Governor
  143  and Cabinet creation authorizations.—
  144         (6) TRAVEL AND PER DIEM.—Reimbursement for the travel and
  145  per diem expenses of officers and employees must be consistent
  146  with s. 112.061(6) and (7).
  147         Section 4. Subsection (2) of section 189.412, Florida
  148  Statutes, is amended to read:
  149         189.412 Special District Information Program; duties and
  150  responsibilities.—The Special District Information Program of
  151  the Department of Economic Opportunity is created and has the
  152  following special duties:
  153         (2) The maintenance of a master list of independent and
  154  dependent special districts, which must shall be available on
  155  the department’s website and provide a link to each special
  156  district’s website.
  157         Section 5. Section 189.416, Florida Statutes, is amended to
  158  read:
  159         189.416 Designation of registered office and agent;
  160  identification of board members.—
  161         (1) Within 30 days after the first meeting of its governing
  162  board, each special district in the state shall designate a
  163  registered office and a registered agent and file such
  164  information with the local governing authority or authorities
  165  and with the department.
  166         (a) The registered agent is the shall be an agent of the
  167  district upon whom any process, notice, or demand required or
  168  permitted by law to be served upon the district may be served.
  169  The A registered agent must shall be an individual resident of
  170  this state whose business address is identical with the
  171  registered office of the district. The registered office may be,
  172  but need not be, the same as the place of business of the
  173  special district.
  174         (b)(2) The district may change its registered office or
  175  change its registered agent, or both, upon filing such
  176  information with the local governing authority or authorities
  177  and with the department.
  178         (2) Each district in existence on July 1, 2013, shall
  179  submit the names and contact information of its board members to
  180  the department for inclusion on the department’s official list
  181  of special districts and post the names and information on the
  182  district’s respective local governing authority’s website by
  183  August 1, 2013. Upon creation of a new district, or if a board
  184  member of a current district is replaced, the district shall
  185  forward the new board member names and contact information to
  186  the department and respective local governing authority within
  187  30 days of appointment.
  188         Section 6. Subsection (2) of section 190.008, Florida
  189  Statutes, is amended to read:
  190         190.008 Budget; reports and reviews.—
  191         (2)(a) On or before each June 15, the district manager
  192  shall prepare a proposed budget for the ensuing fiscal year to
  193  be submitted to the board for board approval. The proposed
  194  budget must shall include, at the direction of the board, an
  195  estimate of all necessary expenditures of the district for the
  196  ensuing fiscal year and an estimate of income to the district
  197  from the taxes, assessments, and other revenues provided under
  198  this chapter in this act. The proposed budget must be posted on
  199  the district’s official website at least 2 days before it is
  200  scheduled to be considered at a budget hearing held pursuant to
  201  s. 200.065 or other law.
  202         (a) The board shall consider the proposed budget item by
  203  item and may either approve the budget as proposed by the
  204  district manager or modify the same in part or in whole. If the
  205  board amends the budget, the adopted amendment must be posted on
  206  the official website of the district within 5 days after
  207  adoption. The board shall indicate its approval of the budget by
  208  resolution, which must resolution shall provide for a hearing on
  209  the budget as approved. Notice of the hearing on the budget must
  210  shall be published in a newspaper of general circulation in the
  211  area of the district once a week for 2 consecutive weeks, except
  212  that the first publication must be at least shall be not fewer
  213  than 15 days before prior to the date of the hearing. The notice
  214  must also shall further contain a designation of the day, time,
  215  and place of the public hearing. At the time and place
  216  designated in the notice, the board shall hear all objections to
  217  the budget as proposed and may make such changes as the board
  218  deems necessary. At the conclusion of the budget hearing, the
  219  board shall, by resolution, adopt the budget as finally approved
  220  by the board. The budget must shall be adopted before prior to
  221  October 1 of each year.
  222         (b) At least 2 weeks before 60 days prior to adoption, the
  223  district board shall, at a duly noticed public meeting, present
  224  submit to the local governing authorities having jurisdiction
  225  over the area included in the district:, for purposes of
  226  disclosure and information only,
  227         1. The proposed annual budget for the ensuing fiscal year;
  228         2.and Any proposed long-term financial plan or program of
  229  the district for future operations;
  230         3. Any financial audit report; and
  231         4. Any tax levy, fee, or special assessment.
  232         (c) The local governing authorities may review the proposed
  233  annual budget and any long-term financial plan or program and
  234  may submit written comments relating to any of the items
  235  presented pursuant to paragraph (b) to the board for its
  236  assistance and information in adopting its annual budget and
  237  long-term financial plan or program.
  238         (d) The final adopted budget must be posted on the
  239  district’s official website within 30 days after adoption.
  240         (e) If the district does not operate an official website,
  241  the district shall, within a reasonable period of time as
  242  established by the local general-purpose government or
  243  governments in which the district is located, transmit the
  244  proposed budget, adopted amendments, or final adopted budget to
  245  the manager or administrator of the local general-purpose
  246  government. The manager or administrator shall post the proposed
  247  budget, adopted amendments, or final adopted budget on the
  248  website of the local general-purpose government.
  249         Section 7. This act shall take effect July 1, 2013.