Florida Senate - 2013 CS for SB 538
By the Committee on Community Affairs; and Senators Ring and
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
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:
42 189.4052 Administrative consolidation of independent
44 (1) As used in this section, the term:
45 (a) “Administrative functions” includes, but is not limited
47 1. Staffing and personnel.
48 2. Contracting or purchasing responsibilities and
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
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
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
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.