Florida Senate - 2014                                    SB 1632
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-01241-14                                           20141632__
    1                        A bill to be entitled                      
    2         An act relating to special districts; designating
    3         parts I-VIII of ch. 189, F.S., relating to special
    4         districts, and renaming the chapter; amending s.
    5         11.40, F.S.; revising duties of the Legislative
    6         Auditing Committee; amending s. 112.312, F.S.;
    7         redefining the term “agency” as it applies to the code
    8         of ethics for public officers and employees to include
    9         special districts; amending s. 112.50, F.S.; expanding
   10         the Governor’s power to suspend public officers to
   11         include members of the governing body of a special
   12         district; amending s. 112.51, F.S.; expanding
   13         provisions relating to a municipal officers suspension
   14         and removal from office to include members of the
   15         governing body of a special district; transferring,
   16         renumbering, and amending s. 189.401, F.S.; revising a
   17         short title; transferring, renumbering, and amending
   18         s. 189.402, F.S.; revising a statement of legislative
   19         purpose and intent; making technical changes;
   20         conforming provisions to changes made by the act;
   21         transferring, renumbering, and amending s. 189.403,
   22         F.S.; redefining the term “special district”;
   23         transferring, renumbering, and amending ss. 189.4031,
   24         189.4035, 189.404, 189.40401, 189.4041, and 189.4042,
   25         F.S.; deleting provisions relating to the application
   26         of a special district to amend its charter; conforming
   27         provisions and cross-references; transferring,
   28         renumbering, and amending s. 189.4044, F.S.; revising
   29         the circumstances under which the Department of
   30         Economic Opportunity may declare a special district
   31         inactive; requiring the department to provide notice
   32         of a declaration of inactive status to the chair of
   33         the county legislative delegation and the Legislative
   34         Auditing Committee rather than the Legislature;
   35         prohibiting special districts that are declared
   36         inactive from collecting taxes, fees, or assessments;
   37         providing exceptions; providing for enforcement of the
   38         prohibition; transferring and renumbering ss. 189.4045
   39         and 189.4047, F.S.; transferring, renumbering, and
   40         amending s. 189.405, F.S.; revising requirements
   41         related to education programs for new members of
   42         special district governing bodies; amending s.
   43         189.4051, F.S.; revising definitions; conforming
   44         provisions; transferring and renumbering ss. 189.4065,
   45         189.408, and 189.4085, F.S.; transferring,
   46         renumbering, and amending ss. 189.412 and 189.413,
   47         F.S.; renaming the Special District Information
   48         Program the Special District Accountability Program;
   49         revising duties of the Special District Accountability
   50         Program; transferring and renumbering ss. 189.415,
   51         189.4155, and 189.4156, F.S.; transferring,
   52         renumbering, and amending ss. 189.416, 189.417, and
   53         189.418, F.S.; conforming provisions and cross
   54         references; transferring, renumbering, and amending s.
   55         189.419, F.S.; revising provisions related to the
   56         failure of a special district to file certain reports
   57         or information; conforming cross-references;
   58         transferring and renumbering s. 189.420, F.S.;
   59         transferring, renumbering, and amending s. 189.421,
   60         F.S.; deleting provisions related to available
   61         remedies for the failure of a special district to
   62         disclose required financial reports; transferring and
   63         renumbering ss. 189.4221, 189.423, and 189.425, F.S.;
   64         transferring, renumbering, and amending s. 189.427,
   65         F.S.; providing for the deposit of administration fees
   66         into the Operating Trust Fund rather than the Grants
   67         and Donations Trust Fund; transferring, renumbering,
   68         and amending s. 189.428, F.S.; revising the oversight
   69         review process for special districts; transferring and
   70         renumbering s. 189.429, F.S.; repealing ss. 189.430,
   71         189.431, 189.432, 189.433, 189.434, 189.435, 189.436,
   72         189.437, 189.438, 189.439, 189.440, 189.441, 189.442,
   73         189.443, and 189.444, F.S., relating to the Community
   74         Improvement Authority Act; creating ss. 189.034 and
   75         189.035, F.S.; requiring the Legislative Auditing
   76         Committee to provide notice of the failure of special
   77         districts to file certain required reports to the
   78         chair of the county legislative delegation or the
   79         chair or equivalent of the local general-purpose
   80         government, as applicable; requiring the chair of the
   81         county legislative delegation or the chair or
   82         equivalent of the local general-purpose government, as
   83         applicable, to convene a public hearing on the issue
   84         of noncompliance; authorizing the county legislative
   85         delegation or the local general-purpose government, as
   86         applicable, to request certain information from a
   87         special district before the public hearing; creating
   88         s. 189.055, F.S.; requiring special districts to be
   89         treated as municipalities for certain purposes;
   90         creating s. 189.069, F.S.; requiring special districts
   91         to annually update and maintain certain information on
   92         the district’s website; requiring special districts to
   93         submit the web address of their respective websites to
   94         the department; requiring that the department’s online
   95         list of special districts include a link to the
   96         website of certain special districts; creating s.
   97         189.0691, F.S.; providing for the suspension of
   98         special district governing body members by the
   99         Governor under certain conditions; amending s. 11.45,
  100         100.011, 101.657, 112.061, 112.63, 112.665, 121.021,
  101         121.051, 125.901, 153.94, 163.08, 165.031, 165.0615,
  102         171.202, 175.032, 190.011, 190.046, 190.049, 191.003,
  103         191.005, 191.013, 191.014, 191.015, 200.001, 218.31,
  104         218.32, 218.37, 255.20, 298.225, 343.922, 348.0004,
  105         373.711, 403.0891, 582.32, and 1013.355, F.S.;
  106         conforming cross-references and provisions to changes
  107         made by the act; providing effective dates.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Chapter 189, Florida Statutes, as amended by
  112  this act, is divided into the following parts:
  113         (1) Part I, consisting of sections 189.01, 189.011,
  114  189.012, 189.013, 189.014, 189.015, 189.016, 189.017, 189.018,
  115  and 189.019, Florida Statutes, as created by this act, and
  116  entitled “General Provisions.”
  117         (2) Part II, consisting of sections 189.02 and 189.021,
  118  Florida Statutes, as created by this act, and entitled
  119  “Dependent Special Districts.”
  120         (3) Part III, consisting of sections 189.03, 189.031,
  121  189.0311, 189.033, 189.034, and 189.035, Florida Statutes, as
  122  created by this act, and entitled “Independent Special
  123  Districts.”
  124         (4) Part IV, consisting of sections 189.04, 189.041, and
  125  189.042, Florida Statutes, as created by this act, and entitled
  126  “Elections.”
  127         (5) Part V, consisting of sections 189.05, 189.051,
  128  189.052, 189.053, 189.054, and 189.055, Florida Statutes, as
  129  created by this act, and entitled “Finance.”
  130         (6) Part VI, consisting of sections 189.06, 189.061,
  131  189.062, 189.063, 189.064, 189.065, 189.066, 189.067, 189.068,
  132  189.069, and 189.0691, Florida Statutes, as created by this act,
  133  and entitled “Oversight and Accountability.”
  134         (7) Part VII, consisting of sections 189.07, 189.071,
  135  189.072, 189.073, 189.074, 189.075, 189.076, and 189.0761,
  136  Florida Statutes, as created by this act, and entitled “Merger
  137  and Dissolution.”
  138         (8) Part VIII, consisting of sections 189.08, 189.081, and
  139  189.082, Florida Statutes, as created by this act, and entitled
  140  “Comprehensive Planning.”
  141         Section 2. Chapter 189, Florida Statutes, is renamed
  142  “Special Districts.”
  143         Section 3. Paragraph (b) of subsection (2) of section
  144  11.40, Florida Statutes, is amended to read:
  145         11.40 Legislative Auditing Committee.—
  146         (2) Following notification by the Auditor General, the
  147  Department of Financial Services, or the Division of Bond
  148  Finance of the State Board of Administration of the failure of a
  149  local governmental entity, district school board, charter
  150  school, or charter technical career center to comply with the
  151  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
  152  s. 218.38, the Legislative Auditing Committee may schedule a
  153  hearing to determine if the entity should be subject to further
  154  state action. If the committee determines that the entity should
  155  be subject to further state action, the committee shall:
  156         (b) In the case of a special district created by:
  157         1. A special act, notify the chair of the county
  158  legislative delegation and the Department of Economic
  159  Opportunity that the special district has failed to comply with
  160  the law. Upon receipt of notification, the department of
  161  Economic Opportunity shall proceed pursuant to s. 189.062 or s.
  162  189.067 189.4044 or s. 189.421.
  163         2. A local ordinance, notify the chair or equivalent of the
  164  local general-purpose government and the Department of Economic
  165  Opportunity that the special district has failed to comply with
  166  the law. Upon receipt of notification, the department shall
  167  proceed pursuant to s. 189.062 or s. 189.067.
  168         Section 4. Subsection (2) of section 112.312, Florida
  169  Statutes, is amended to read:
  170         112.312 Definitions.—As used in this part and for purposes
  171  of the provisions of s. 8, Art. II of the State Constitution,
  172  unless the context otherwise requires:
  173         (2) “Agency” means any state, regional, county, local, or
  174  municipal government entity of this state, whether executive,
  175  judicial, or legislative; any department, division, bureau,
  176  commission, authority, or political subdivision of this state
  177  therein; or any public school, community college, or state
  178  university; or any special district as defined in s. 189.012.
  179         Section 5. Section 112.50, Florida Statutes, is amended to
  180  read:
  181         112.50 Governor to retain power to suspend public
  182  officers.— Whenever any state, county, or municipal officer, or
  183  member of the governing body of a special district, as defined
  184  in s. 189.012, is made subject to suspension or removal by the
  185  terms of a any statute, special act, or municipal charter, the
  186  power of the Governor to suspend officers is shall not be
  187  affected by such statutory, special act, or charter provisions,
  188  and the power to suspend shall reside concurrently in the
  189  Governor and in the statutory, special act, or charter
  190  authority.
  191         Section 6. Section 112.51, Florida Statutes, is amended to
  192  read:
  193         112.51 Municipal officers and members of special district
  194  governing bodies; suspension; removal from office.—
  195         (1) By executive order stating the grounds for the
  196  suspension and filed with the Secretary of State, the Governor
  197  may suspend from office any elected or appointed municipal
  198  official, or member of the governing body of a special district,
  199  as defined in s. 189.012, for malfeasance, misfeasance, neglect
  200  of duty, habitual drunkenness, incompetence, or permanent
  201  inability to perform official duties.
  202         (2) Whenever any elected or appointed municipal official,
  203  or member of the governing body of a special district, as
  204  defined in s. 189.012, is arrested for a felony or for a
  205  misdemeanor related to the duties of office or is indicted or
  206  informed against for the commission of a federal felony or
  207  misdemeanor or state felony or misdemeanor, the Governor has the
  208  power to suspend such municipal official from office.
  209         (3) The suspension of such official by the Governor creates
  210  a temporary vacancy in such office during the suspension. Any
  211  temporary vacancy in office created by suspension of an official
  212  under the provisions of this section shall be filled by a
  213  temporary appointment to such office for the period of the
  214  suspension. Such temporary appointment shall be made in the same
  215  manner and by the same authority by which a permanent vacancy in
  216  such office is filled as provided by law. If no provision for
  217  filling a permanent vacancy in such office is provided by law,
  218  the temporary appointment shall be made by the Governor.
  219         (4) A No municipal official, or member of the governing
  220  body of a special district, as defined in s. 189.012, who has
  221  been suspended from office under this section may not perform
  222  any official act, duty, or function during his or her
  223  suspension; receive any pay or allowance during his or her
  224  suspension; or be entitled to any of the emoluments or
  225  privileges of his or her office during suspension.
  226         (5) If the municipal official, or member of the governing
  227  body of a special district, as defined in s. 189.012, is
  228  convicted of any of the charges contained in the indictment or
  229  information by reason of which he or she was suspended under the
  230  provisions of this section, the Governor shall remove such
  231  municipal official from office. If a person was selected to fill
  232  the temporary vacancy pursuant to subsection (3), that person
  233  shall serve the remaining balance, if any, of the removed
  234  official’s term of office. Otherwise, any vacancy created by the
  235  removal shall be filled as provided by law. For the purposes of
  236  this section, any person who pleads guilty or nolo contendere or
  237  who is found guilty shall be deemed to have been convicted,
  238  notwithstanding a suspension of sentence or a withholding of
  239  adjudication.
  240         (6) If the municipal official, or member of the governing
  241  body of a special district, as defined in s. 189.012, is
  242  acquitted or found not guilty or is otherwise cleared of the
  243  charges which were the basis of the arrest, indictment, or
  244  information by reason of which he or she was suspended under the
  245  provisions of this section, then the Governor shall forthwith
  246  revoke the suspension and restore the such municipal official to
  247  office; and the official shall be entitled to and be paid full
  248  back pay and such other emoluments or allowances to which he or
  249  she would have been entitled for the full period of time of the
  250  suspension. If, during the suspension, the term of office of the
  251  municipal official expires and a successor is either appointed
  252  or elected, such back pay, emoluments, or allowances shall only
  253  be paid for the duration of the term of office during which the
  254  municipal official was suspended under the provisions of this
  255  section, and he or she shall not be reinstated.
  256         Section 7. Section 189.401, Florida Statutes, is
  257  transferred, renumbered as section 189.01, Florida Statutes, and
  258  amended to read:
  259         189.01 189.401 Short title.—This chapter may be cited as
  260  the “Uniform Special District Accountability Act of 1989.”
  261         Section 8. Subsections (1), (6), and (7) of section
  262  189.402, Florida Statutes, are transferred and renumbered as
  263  subsections (1), (2), and (3), respectively, of section 189.011,
  264  Florida Statutes, and present subsection (6) of that section is
  265  amended, to read:
  266         189.011 189.402 Statement of legislative purpose and
  267  intent.—
  268         (2)(6) The Legislature finds that special districts serve a
  269  necessary and useful function by providing services to residents
  270  and property in the state. The Legislature finds further that
  271  special districts operate to serve a public purpose and that
  272  this is best secured by certain minimum standards of
  273  accountability designed to inform the public and appropriate
  274  general-purpose local governments of the status and activities
  275  of special districts. It is the intent of the Legislature that
  276  this public trust be secured by requiring each independent
  277  special district in the state to register and report its
  278  financial and other activities. The Legislature further finds
  279  that failure of an independent special district to comply with
  280  the minimum disclosure requirements set forth in this chapter
  281  may result in action against officers of such district body
  282  board.
  283         Section 9. Subsection (2) of section 189.402, Florida
  284  Statutes, is transferred, renumbered as section 189.06, Florida
  285  Statutes, and amended to read:
  286         189.06 189.402Legislative intent; centralized location
  287  Statement of legislative purpose and intent.—
  288         (2) It is the intent of the Legislature through the
  289  adoption of this chapter to have one centralized location for
  290  all legislation governing special districts and to:
  291         (1)(a) Improve the enforcement of statutes currently in
  292  place that help ensure the accountability of special districts
  293  to state and local governments.
  294         (2)(b) Improve communication and coordination between state
  295  agencies with respect to required special district reporting and
  296  state monitoring.
  297         (3)(c) Improve communication and coordination between
  298  special districts and other local entities with respect to ad
  299  valorem taxation, non-ad valorem assessment collection, special
  300  district elections, and local government comprehensive planning.
  301         (4)(d) Move toward greater uniformity in special district
  302  elections and non-ad valorem assessment collection procedures at
  303  the local level without hampering the efficiency and
  304  effectiveness of the current procedures.
  305         (5)(e) Clarify special district definitions and creation
  306  methods in order to ensure consistent application of those
  307  definitions and creation methods across all levels of
  308  government.
  309         (6)(f) Specify in general law the essential components of
  310  any new type of special district.
  311         (7)(g) Specify in general law the essential components of a
  312  charter for a new special district.
  313         (8)(h) Encourage the creation of municipal service taxing
  314  units and municipal service benefit units for providing
  315  municipal services in unincorporated areas of each county.
  316         Section 10. Subsections (3), (4), (5), and (8) of section
  317  189.402, Florida Statutes, are transferred, renumbered as
  318  subsections (1), (2), (3), and (4), respectively, of section
  319  189.03, Florida Statutes, and amended to read:
  320         189.03 189.402 Statement of legislative purpose and intent;
  321  independent special districts.—
  322         (1)(3) The Legislature finds that:
  323         (a) There is a need for uniform, focused, and fair
  324  procedures in state law to provide a reasonable alternative for
  325  the establishment, powers, operation, and duration of
  326  independent special districts to manage and finance basic
  327  capital infrastructure, facilities, and services; and that,
  328  based upon a proper and fair determination of applicable facts,
  329  an independent special district can constitute a timely,
  330  efficient, effective, responsive, and economic way to deliver
  331  these basic services, thereby providing a means of solving the
  332  state’s planning, management, and financing needs for delivery
  333  of capital infrastructure, facilities, and services in order to
  334  provide for projected growth without overburdening other
  335  governments and their taxpayers.
  336         (b) It is in the public interest that any independent
  337  special district created pursuant to state law not outlive its
  338  usefulness and that the operation of such a district and the
  339  exercise by the district of its powers be consistent with
  340  applicable due process, disclosure, accountability, ethics, and
  341  government-in-the-sunshine requirements which apply both to
  342  governmental entities and to their elected and appointed
  343  officials.
  344         (c) It is in the public interest that long-range planning,
  345  management, and financing and long-term maintenance, upkeep, and
  346  operation of basic services by independent special districts be
  347  uniform.
  348         (2)(4) It is the policy of this state:
  349         (a) That independent special districts may be used are a
  350  legitimate alternative method available for use by the private
  351  and public sectors, as authorized by state law, to manage, own,
  352  operate, construct, and finance basic capital infrastructure,
  353  facilities, and services.
  354         (b) That the exercise by any independent special district
  355  of its powers, as set forth by uniform general law comply with
  356  all applicable governmental comprehensive planning laws, rules,
  357  and regulations.
  358         (3)(5) It is the legislative intent and purpose, based
  359  upon, and consistent with, its findings of fact and declarations
  360  of policy, to authorize a uniform procedure by general law to
  361  create an independent special district, as an alternative method
  362  to manage and finance basic capital infrastructure, facilities,
  363  and services. It is further the legislative intent and purpose
  364  to provide by general law for the uniform operation, exercise of
  365  power, and procedure for termination of any such independent
  366  special district.
  367         (4)(8) The Legislature finds and declares that:
  368         (a) Growth and development issues transcend the boundaries
  369  and responsibilities of individual units of government, and
  370  often no single unit of government can plan or implement
  371  policies to deal with these issues without affecting other units
  372  of government.
  373         (b) The provision of capital infrastructure, facilities,
  374  and services for the preservation and enhancement of the quality
  375  of life of the people of this state may require the creation of
  376  multicounty and multijurisdictional districts.
  377         Section 11. Section 189.403, Florida Statutes, is
  378  transferred, renumbered as section 189.012, Florida Statutes,
  379  reordered, and amended to read:
  380         189.012 189.403 Definitions.—As used in this chapter, the
  381  term:
  382         (6)(1) “Special district” means a local unit of local
  383  government created for a of special purpose, as opposed to a
  384  general purpose general-purpose, which has jurisdiction to
  385  operate government within a limited geographic boundary and is,
  386  created by general law, special act, local ordinance, or by rule
  387  of the Governor and Cabinet. The special purpose or purposes of
  388  special districts are implemented by specialized functions and
  389  related prescribed powers. For the purpose of s. 196.199(1),
  390  special districts shall be treated as municipalities. The term
  391  does not include a school district, a community college
  392  district, a special improvement district created pursuant to s.
  393  285.17, a municipal service taxing or benefit unit as specified
  394  in s. 125.01, or a board which provides electrical service and
  395  which is a political subdivision of a municipality or is part of
  396  a municipality.
  397         (2) “Dependent special district” means a special district
  398  that meets at least one of the following criteria:
  399         (a) The membership of its governing body is identical to
  400  that of the governing body of a single county or a single
  401  municipality.
  402         (b) All members of its governing body are appointed by the
  403  governing body of a single county or a single municipality.
  404         (c) During their unexpired terms, members of the special
  405  district’s governing body are subject to removal at will by the
  406  governing body of a single county or a single municipality.
  407         (d) The district has a budget that requires approval
  408  through an affirmative vote or can be vetoed by the governing
  409  body of a single county or a single municipality.
  410  
  411  This subsection is for purposes of definition only. Nothing in
  412  this subsection confers additional authority upon local
  413  governments not otherwise authorized by the provisions of the
  414  special acts or general acts of local application creating each
  415  special district, as amended.
  416         (3) “Independent special district” means a special district
  417  that is not a dependent special district as defined in
  418  subsection (2). A district that includes more than one county is
  419  an independent special district unless the district lies wholly
  420  within the boundaries of a single municipality.
  421         (1)(4) “Department” means the Department of Economic
  422  Opportunity.
  423         (4)(5) “Local governing authority” means the governing body
  424  of a unit of local general-purpose government. However, if the
  425  special district is a political subdivision of a municipality,
  426  “local governing authority” means the municipality.
  427         (7)(6) “Water management district” for purposes of this
  428  chapter means a special taxing district which is a regional
  429  water management district created and operated pursuant to
  430  chapter 373 or chapter 61-691, Laws of Florida, or a flood
  431  control district created and operated pursuant to chapter 25270,
  432  Laws of Florida, 1949, as modified by s. 373.149.
  433         (5)(7) “Public facilities” means major capital
  434  improvements, including, but not limited to, transportation
  435  facilities, sanitary sewer facilities, solid waste facilities,
  436  water management and control facilities, potable water
  437  facilities, alternative water systems, educational facilities,
  438  parks and recreational facilities, health systems and
  439  facilities, and, except for spoil disposal by those ports listed
  440  in s. 311.09(1), spoil disposal sites for maintenance dredging
  441  in waters of the state.
  442         Section 12. Subsection (1) of section 189.4031, Florida
  443  Statutes, is transferred and renumbered as section 189.013,
  444  Florida Statutes, and the catchline of that section shall read:
  445  “Special districts; creation, dissolution, and reporting
  446  requirements.”
  447         Section 13. Subsection (2) of section 189.4031, Florida
  448  Statutes, is transferred, renumbered as section 189.0311,
  449  Florida Statutes, and amended to read:
  450         189.0311 189.4031Independent special districts Special
  451  districts; creation, dissolution, and reporting requirements;
  452  charter requirements.—
  453         (2) Notwithstanding any general law, special act, or
  454  ordinance of a local government to the contrary, any independent
  455  special district charter enacted after September 30, 1989, the
  456  effective date of this section shall contain the information
  457  required by s. 189.031(3) 189.404(3). Recognizing that the
  458  exclusive charter for a community development district is the
  459  statutory charter contained in ss. 190.006-190.041, community
  460  development districts established after July 1, 1980, pursuant
  461  to the provisions of chapter 190 shall be deemed in compliance
  462  with this requirement.
  463         Section 14. Section 189.4035, Florida Statutes, is
  464  transferred and renumbered as section 189.061, Florida Statutes,
  465  and subsections (1), (5), and (6) of that section are amended,
  466  to read:
  467         189.061 189.4035Preparation of Official list of special
  468  districts.—
  469         (1) The department of Economic Opportunity shall maintain
  470  compile the official list of special districts. The official
  471  list of special districts shall include all special districts in
  472  this state and shall indicate the independent or dependent
  473  status of each district. All special districts on in the list
  474  shall be sorted by county. The definitions in s. 189.012 189.403
  475  shall be the criteria for determination of the independent or
  476  dependent status of each special district on the official list.
  477  The status of community development districts shall be
  478  independent on the official list of special districts.
  479         (5) The official list of special districts shall be
  480  available on the department’s website and must include a link to
  481  the website of each special district that provides web-based
  482  access to the public of the information and documentation
  483  required under s. 189.069.
  484         (6) Preparation of The official list of special districts
  485  or the determination of status does not constitute final agency
  486  action pursuant to chapter 120. If the status of a special
  487  district on the official list is inconsistent with the status
  488  submitted by the district, the district may request the
  489  department to issue a declaratory statement setting forth the
  490  requirements necessary to resolve the inconsistency. If
  491  necessary, upon issuance of a declaratory statement by the
  492  department which is not appealed pursuant to chapter 120, the
  493  governing body board of any special district receiving such a
  494  declaratory statement shall apply to the entity which originally
  495  established the district for an amendment to its charter
  496  correcting the specified defects in its original charter. This
  497  amendment shall be for the sole purpose of resolving
  498  inconsistencies between a district charter and the status of a
  499  district as it appears on the official list. Such application
  500  shall occur as follows:
  501         (a) In the event a special district was created by a local
  502  general-purpose government or state agency and applies for an
  503  amendment to its charter to confirm its independence, said
  504  application shall be granted as a matter of right. If
  505  application by an independent district is not made within 6
  506  months of rendition of a declaratory statement, the district
  507  shall be deemed dependent and become a political subdivision of
  508  the governing body which originally established it by operation
  509  of law.
  510         (b) If the Legislature created a special district, the
  511  district shall request, by resolution, an amendment to its
  512  charter by the Legislature. Failure to apply to the Legislature
  513  for an amendment to its charter during the next regular
  514  legislative session following rendition of a declaratory
  515  statement or failure of the Legislature to pass a special act
  516  shall render the district dependent.
  517         Section 15. Section 189.404, Florida Statutes, is
  518  transferred and renumbered as section 189.031, Florida Statutes,
  519  and subsection (2) and paragraphs (e), (f), and (g) of
  520  subsection (3) of that section are amended, to read:
  521         189.031 189.404 Legislative intent for the creation of
  522  independent special districts; special act prohibitions; model
  523  elements and other requirements; general-purpose local
  524  government/Governor and Cabinet creation authorizations.—
  525         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  526  III of the State Constitution, the Legislature hereby prohibits
  527  special laws or general laws of local application which:
  528         (a) Create independent special districts that do not, at a
  529  minimum, conform to the minimum requirements in subsection (3);
  530         (b) Exempt independent special district elections from the
  531  appropriate requirements in s. 189.04 189.405;
  532         (c) Exempt an independent special district from the
  533  requirements for bond referenda in s. 189.042 189.408;
  534         (d) Exempt an independent special district from the
  535  reporting, notice, or public meetings requirements of s.
  536  189.051, s. 189.08, s. 189.015, or s. 189.016 189.4085, s.
  537  189.415, s. 189.417, or s. 189.418;
  538         (e) Create an independent special district for which a
  539  statement has not been submitted to the Legislature that
  540  documents the following:
  541         1. The purpose of the proposed district;
  542         2. The authority of the proposed district;
  543         3. An explanation of why the district is the best
  544  alternative; and
  545         4. A resolution or official statement of the governing body
  546  or an appropriate administrator of the local jurisdiction within
  547  which the proposed district is located stating that the creation
  548  of the proposed district is consistent with the approved local
  549  government plans of the local governing body and that the local
  550  government has no objection to the creation of the proposed
  551  district.
  552         (3) MINIMUM REQUIREMENTS.—General laws or special acts that
  553  create or authorize the creation of independent special
  554  districts and are enacted after September 30, 1989, must address
  555  and require the following in their charters:
  556         (e) The membership and organization of the governing body
  557  board of the district. If a district created after September 30,
  558  1989, uses a one-acre/one-vote election principle, it shall
  559  provide for a governing body board consisting of five members.
  560  Three members shall constitute a quorum.
  561         (f) The maximum compensation of a governing body board
  562  member.
  563         (g) The administrative duties of the governing body board
  564  of the district.
  565         Section 16. Section 189.40401, Florida Statutes, is
  566  transferred and renumbered as section 189.033, Florida Statutes.
  567         Section 17. Section 189.4041, Florida Statutes, is
  568  transferred and renumbered as section 189.02, Florida Statutes,
  569  and paragraph (e) of subsection (4) of that section is amended,
  570  to read:
  571         189.02 189.4041 Dependent special districts.—
  572         (4) Dependent special districts created by a county or
  573  municipality shall be created by adoption of an ordinance that
  574  includes:
  575         (e) The membership, organization, compensation, and
  576  administrative duties of the governing body board.
  577         Section 18. Subsection (1) of section 189.4042, Florida
  578  Statutes, is transferred, renumbered as section 189.07, Florida
  579  Statutes, and amended to read:
  580         189.07 189.4042Definitions Merger and dissolution
  581  procedures.—
  582         (1) DEFINITIONS.—As used in this part section, the term:
  583         (1)(a) “Component independent special district” means an
  584  independent special district that proposes to be merged into a
  585  merged independent district, or an independent special district
  586  as it existed before its merger into the merged independent
  587  district of which it is now a part.
  588         (2)(b) “Elector-initiated merger plan” means the merger
  589  plan of two or more independent special districts, a majority of
  590  whose qualified electors have elected to merge, which outlines
  591  the terms and agreements for the official merger of the
  592  districts and is finalized and approved by the governing bodies
  593  of the districts pursuant to this part section.
  594         (3)(c) “Governing body” means the governing body of the
  595  independent special district in which the general legislative,
  596  governmental, or public powers of the district are vested and by
  597  authority of which the official business of the district is
  598  conducted.
  599         (4)(d) “Initiative” means the filing of a petition
  600  containing a proposal for a referendum to be placed on the
  601  ballot for election.
  602         (5)(e) “Joint merger plan” means the merger plan that is
  603  adopted by resolution of the governing bodies of two or more
  604  independent special districts that outlines the terms and
  605  agreements for the official merger of the districts and that is
  606  finalized and approved by the governing bodies pursuant to this
  607  part section.
  608         (6)(f) “Merged independent district” means a single
  609  independent special district that results from a successful
  610  merger of two or more independent special districts pursuant to
  611  this part section.
  612         (7)(g) “Merger” means the combination of two or more
  613  contiguous independent special districts resulting in a newly
  614  created merged independent district that assumes jurisdiction
  615  over all of the component independent special districts.
  616         (8)(h) “Merger plan” means a written document that contains
  617  the terms, agreements, and information regarding the merger of
  618  two or more independent special districts.
  619         (9)(i) “Proposed elector-initiated merger plan” means a
  620  written document that contains the terms and information
  621  regarding the merger of two or more independent special
  622  districts and that accompanies the petition initiated by the
  623  qualified electors of the districts but that is not yet
  624  finalized and approved by the governing bodies of each component
  625  independent special district pursuant to this part section.
  626         (10)(j) “Proposed joint merger plan” means a written
  627  document that contains the terms and information regarding the
  628  merger of two or more independent special districts and that has
  629  been prepared pursuant to a resolution of the governing bodies
  630  of the districts but that is not yet finalized and approved by
  631  the governing bodies of each component independent special
  632  district pursuant to this part section.
  633         (11)(k) “Qualified elector” means an individual at least 18
  634  years of age who is a citizen of the United States, a permanent
  635  resident of this state, and a resident of the district who
  636  registers with the supervisor of elections of a county within
  637  which the district lands are located when the registration books
  638  are open.
  639         Section 19. Subsection (2) of section 189.4042, Florida
  640  Statutes, is transferred, renumbered as section 189.071, Florida
  641  Statutes, and amended to read:
  642         189.071 189.4042 Merger or and dissolution of a dependent
  643  special district procedures.—
  644         (2) MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL DISTRICT.—
  645         (1)(a) The merger or dissolution of a dependent special
  646  district may be effectuated by an ordinance of the general
  647  purpose local governmental entity wherein the geographical area
  648  of the district or districts is located. However, a county may
  649  not dissolve a special district that is dependent to a
  650  municipality or vice versa, or a dependent district created by
  651  special act.
  652         (2)(b) The merger or dissolution of a dependent special
  653  district created and operating pursuant to a special act may be
  654  effectuated only by further act of the Legislature unless
  655  otherwise provided by general law.
  656         (3)(c) A dependent special district that meets any criteria
  657  for being declared inactive, or that has already been declared
  658  inactive, pursuant to s. 189.062 189.4044 may be dissolved or
  659  merged by special act without a referendum.
  660         (4)(d) A copy of any ordinance and of any changes to a
  661  charter affecting the status or boundaries of one or more
  662  special districts shall be filed with the Special District
  663  Accountability Information Program within 30 days after such
  664  activity.
  665         Section 20. Subsection (3) of section 189.4042, Florida
  666  Statutes, is transferred, renumbered as section 189.072, Florida
  667  Statutes, and amended to read:
  668         189.072 189.4042Dissolution of an independent special
  669  district Merger and dissolution procedures.—
  670         (3) DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.
  671         (1)(a)Voluntary dissolution.—If the governing body board
  672  of an independent special district created and operating
  673  pursuant to a special act elects, by a majority vote plus one,
  674  to dissolve the district, the voluntary dissolution of an
  675  independent special district created and operating pursuant to a
  676  special act may be effectuated only by the Legislature unless
  677  otherwise provided by general law.
  678         (2)(b)Other dissolutions.—
  679         (a)1. In order for the Legislature to dissolve an active
  680  independent special district created and operating pursuant to a
  681  special act, the special act dissolving the active independent
  682  special district must be approved by a majority of the resident
  683  electors of the district or, for districts in which a majority
  684  of governing body board members are elected by landowners, a
  685  majority of the landowners voting in the same manner by which
  686  the independent special district’s governing body is elected. If
  687  a local general-purpose government passes an ordinance or
  688  resolution in support of the dissolution, the local general
  689  purpose government must pay any expenses associated with the
  690  referendum required under this paragraph subparagraph.
  691         (b)2. If an independent special district was created by a
  692  county or municipality by referendum or any other procedure, the
  693  county or municipality that created the district may dissolve
  694  the district pursuant to a referendum or any other procedure by
  695  which the independent special district was created. However, if
  696  the independent special district has ad valorem taxation powers,
  697  the same procedure required to grant the independent special
  698  district ad valorem taxation powers is required to dissolve the
  699  district.
  700         (3)(c)Inactive independent special districts.—An
  701  independent special district that meets any criteria for being
  702  declared inactive, or that has already been declared inactive,
  703  pursuant to s. 189.062 189.4044 may be dissolved by special act
  704  without a referendum. If an inactive independent special
  705  district was created by a county or municipality through a
  706  referendum, the county or municipality that created the district
  707  may dissolve the district after publishing notice as described
  708  in s. 189.062 189.4044.
  709         (4)(d)Debts and assets.—Financial allocations of the
  710  assets and indebtedness of a dissolved independent special
  711  district shall be pursuant to s. 189.076 189.4045.
  712         Section 21. Subsection (4) of section 189.4042, Florida
  713  Statutes, is transferred, renumbered as section 189.073, Florida
  714  Statutes, and amended to read:
  715         189.073 189.4042Legislative merger of independent special
  716  districts Merger and dissolution procedures.—
  717         (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.
  718  The Legislature, by special act, may merge independent special
  719  districts created and operating pursuant to special act.
  720         Section 22. Subsection (5) of section 189.4042, Florida
  721  Statutes, is transferred, renumbered as section 189.074, Florida
  722  Statutes, and amended to read:
  723         189.074 189.4042Voluntary merger of independent special
  724  districts Merger and dissolution procedures.—
  725         (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—Two
  726  or more contiguous independent special districts created by
  727  special act which have similar functions and elected governing
  728  bodies may elect to merge into a single independent district
  729  through the act of merging the component independent special
  730  districts.
  731         (1)(a)Initiation.—Merger proceedings may commence by:
  732         (a)1. A joint resolution of the governing bodies of each
  733  independent special district which endorses a proposed joint
  734  merger plan; or
  735         (b)2. A qualified elector initiative.
  736         (2)(b)Joint merger plan by resolution.—The governing
  737  bodies of two or more contiguous independent special districts
  738  may, by joint resolution, endorse a proposed joint merger plan
  739  to commence proceedings to merge the districts pursuant to this
  740  section subsection.
  741         (a)1. The proposed joint merger plan must specify:
  742         1.a. The name of each component independent special
  743  district to be merged;
  744         2.b. The name of the proposed merged independent district;
  745         3.c. The rights, duties, and obligations of the proposed
  746  merged independent district;
  747         4.d. The territorial boundaries of the proposed merged
  748  independent district;
  749         5.e. The governmental organization of the proposed merged
  750  independent district insofar as it concerns elected and
  751  appointed officials and public employees, along with a
  752  transitional plan and schedule for elections and appointments of
  753  officials;
  754         6.f. A fiscal estimate of the potential cost or savings as
  755  a result of the merger;
  756         7.g. Each component independent special district’s assets,
  757  including, but not limited to, real and personal property, and
  758  the current value thereof;
  759         8.h. Each component independent special district’s
  760  liabilities and indebtedness, bonded and otherwise, and the
  761  current value thereof;
  762         9.i. Terms for the assumption and disposition of existing
  763  assets, liabilities, and indebtedness of each component
  764  independent special district jointly, separately, or in defined
  765  proportions;
  766         10.j. Terms for the common administration and uniform
  767  enforcement of existing laws within the proposed merged
  768  independent district;
  769         11.k. The times and places for public hearings on the
  770  proposed joint merger plan;
  771         12.l. The times and places for a referendum in each
  772  component independent special district on the proposed joint
  773  merger plan, along with the referendum language to be presented
  774  for approval; and
  775         13.m. The effective date of the proposed merger.
  776         (b)2. The resolution endorsing the proposed joint merger
  777  plan must be approved by a majority vote of the governing bodies
  778  of each component independent special district and adopted at
  779  least 60 business days before any general or special election on
  780  the proposed joint merger plan.
  781         (c)3. Within 5 business days after the governing bodies
  782  approve the resolution endorsing the proposed joint merger plan,
  783  the governing bodies must:
  784         1.a. Cause a copy of the proposed joint merger plan, along
  785  with a descriptive summary of the plan, to be displayed and be
  786  readily accessible to the public for inspection in at least
  787  three public places within the territorial limits of each
  788  component independent special district, unless a component
  789  independent special district has fewer than three public places,
  790  in which case the plan must be accessible for inspection in all
  791  public places within the component independent special district;
  792         2.b. If applicable, cause the proposed joint merger plan,
  793  along with a descriptive summary of the plan and a reference to
  794  the public places within each component independent special
  795  district where a copy of the merger plan may be examined, to be
  796  displayed on a website maintained by each district or on a
  797  website maintained by the county or municipality in which the
  798  districts are located; and
  799         3.c. Arrange for a descriptive summary of the proposed
  800  joint merger plan, and a reference to the public places within
  801  the district where a copy may be examined, to be published in a
  802  newspaper of general circulation within the component
  803  independent special districts at least once each week for 4
  804  successive weeks.
  805         (d)4. The governing body of each component independent
  806  special district shall set a time and place for one or more
  807  public hearings on the proposed joint merger plan. Each public
  808  hearing shall be held on a weekday at least 7 business days
  809  after the day the first advertisement is published on the
  810  proposed joint merger plan. The hearing or hearings may be held
  811  jointly or separately by the governing bodies of the component
  812  independent special districts. Any interested person residing in
  813  the respective district shall be given a reasonable opportunity
  814  to be heard on any aspect of the proposed merger at the public
  815  hearing.
  816         1.a. Notice of the public hearing addressing the resolution
  817  for the proposed joint merger plan must be published pursuant to
  818  the notice requirements in s. 189.015 189.417 and must provide a
  819  descriptive summary of the proposed joint merger plan and a
  820  reference to the public places within the component independent
  821  special districts where a copy of the plan may be examined.
  822         2.b. After the final public hearing, the governing bodies
  823  of each component independent special district may amend the
  824  proposed joint merger plan if the amended version complies with
  825  the notice and public hearing requirements provided in this
  826  section subsection. Thereafter, the governing bodies may approve
  827  a final version of the joint merger plan or decline to proceed
  828  further with the merger. Approval by the governing bodies of the
  829  final version of the joint merger plan must occur within 60
  830  business days after the final hearing.
  831         (e)5. After the final public hearing, the governing bodies
  832  shall notify the supervisors of elections of the applicable
  833  counties in which district lands are located of the adoption of
  834  the resolution by each governing body. The supervisors of
  835  elections shall schedule a separate referendum for each
  836  component independent special district. The referenda may be
  837  held in each district on the same day, or on different days, but
  838  no more than 20 days apart.
  839         1.a. Notice of a referendum on the merger of independent
  840  special districts must be provided pursuant to the notice
  841  requirements in s. 100.342. At a minimum, the notice must
  842  include:
  843         a.(I) A brief summary of the resolution and joint merger
  844  plan;
  845         b.(II) A statement as to where a copy of the resolution and
  846  joint merger plan may be examined;
  847         c.(III) The names of the component independent special
  848  districts to be merged and a description of their territory;
  849         d.(IV) The times and places at which the referendum will be
  850  held; and
  851         e.(V) Such other matters as may be necessary to call,
  852  provide for, and give notice of the referendum and to provide
  853  for the conduct thereof and the canvass of the returns.
  854         2.b. The referenda must be held in accordance with the
  855  Florida Election Code and may be held pursuant to ss. 101.6101
  856  101.6107. All costs associated with the referenda shall be borne
  857  by the respective component independent special district.
  858         3.c. The ballot question in such referendum placed before
  859  the qualified electors of each component independent special
  860  district to be merged must be in substantially the following
  861  form:
  862         “Shall ...(name of component independent special
  863  district)... and ...(name of component independent special
  864  district or districts)... be merged into ...(name of newly
  865  merged independent district)...?
  866  
  867         ....YES
  868         ....NO”
  869  
  870         4.d. If the component independent special districts
  871  proposing to merge have disparate millage rates, the ballot
  872  question in the referendum placed before the qualified electors
  873  of each component independent special district must be in
  874  substantially the following form:
  875  
  876         “Shall ...(name of component independent special
  877  district)... and ...(name of component independent special
  878  district or districts)... be merged into ...(name of newly
  879  merged independent district)... if the voter-approved maximum
  880  millage rate within each independent special district will not
  881  increase absent a subsequent referendum?
  882  
  883         ....YES
  884         ....NO”
  885  
  886         5.e. In any referendum held pursuant to this section
  887  subsection, the ballots shall be counted, returns made and
  888  canvassed, and results certified in the same manner as other
  889  elections or referenda for the component independent special
  890  districts.
  891         6.f. The merger may not take effect unless a majority of
  892  the votes cast in each component independent special district
  893  are in favor of the merger. If one of the component districts
  894  does not obtain a majority vote, the referendum fails, and
  895  merger does not take effect.
  896         7.g. If the merger is approved by a majority of the votes
  897  cast in each component independent special district, the merged
  898  independent district is created. Upon approval, the merged
  899  independent district shall notify the Special District
  900  Accountability Information Program pursuant to s. 189.016(2)
  901  189.418(2) and the local general-purpose governments in which
  902  any part of the component independent special districts is
  903  situated pursuant to s. 189.016(7) 189.418(7).
  904         8.h. If the referendum fails, the merger process under this
  905  subsection paragraph may not be initiated for the same purpose
  906  within 2 years after the date of the referendum.
  907         (f)6. Component independent special districts merged
  908  pursuant to a joint merger plan by resolution shall continue to
  909  be governed as before the merger until the effective date
  910  specified in the adopted joint merger plan.
  911         (3)(c)Qualified elector-initiated merger plan.—The
  912  qualified electors of two or more contiguous independent special
  913  districts may commence a merger proceeding by each filing a
  914  petition with the governing body of their respective independent
  915  special district proposing to be merged. The petition must
  916  contain the signatures of at least 40 percent of the qualified
  917  electors of each component independent special district and must
  918  be submitted to the appropriate component independent special
  919  district governing body no later than 1 year after the start of
  920  the qualified elector-initiated merger process.
  921         (a)1. The petition must comply with, and be circulated in,
  922  the following form:
  923  
  924                            PETITION FOR                           
  925                 INDEPENDENT SPECIAL DISTRICT MERGER               
  926  
  927         We, the undersigned electors and legal voters of ...(name
  928  of independent special district)..., qualified to vote at the
  929  next general or special election, respectfully petition that
  930  there be submitted to the electors and legal voters of ...(name
  931  of independent special district or districts proposed to be
  932  merged)..., for their approval or rejection at a referendum held
  933  for that purpose, a proposal to merge ...(name of component
  934  independent special district)... and ...(name of component
  935  independent special district or districts)....
  936  
  937         In witness thereof, we have signed our names on the date
  938  indicated next to our signatures.
  939  
  940                    Date      Name   Home Address                  
  941                       (print under signature)                     
  942  
  943         .........................................................
  944  
  945         .........................................................
  946  
  947         (b)2. The petition must be validated by a signed statement
  948  by a witness who is a duly qualified elector of one of the
  949  component independent special districts, a notary public, or
  950  another person authorized to take acknowledgments.
  951         1.a. A statement that is signed by a witness who is a duly
  952  qualified elector of the respective district shall be accepted
  953  for all purposes as the equivalent of an affidavit. Such
  954  statement must be in substantially the following form:
  955         “I, ...(name of witness)..., state that I am a duly
  956  qualified voter of ...(name of independent special district)....
  957  Each of the ...(insert number)... persons who have signed this
  958  petition sheet has signed his or her name in my presence on the
  959  dates indicated above and identified himself or herself to be
  960  the same person who signed the sheet. I understand that this
  961  statement will be accepted for all purposes as the equivalent of
  962  an affidavit and, if it contains a materially false statement,
  963  shall subject me to the penalties of perjury.”
  964         Date                                 Signature of Witness
  965         2.b. A statement that is signed by a notary public or
  966  another person authorized to take acknowledgments must be in
  967  substantially the following form:
  968         “On the date indicated above before me personally came each
  969  of the ...(insert number)... electors and legal voters whose
  970  signatures appear on this petition sheet, who signed the
  971  petition in my presence and who, being by me duly sworn, each
  972  for himself or herself, identified himself or herself as the
  973  same person who signed the petition, and I declare that the
  974  foregoing information they provided was true.”
  975         Date                                 Signature of Witness
  976         3.c. An alteration or correction of information appearing
  977  on a petition’s signature line, other than an uninitialed
  978  signature and date, does not invalidate such signature. In
  979  matters of form, this subsection paragraph shall be liberally
  980  construed, not inconsistent with substantial compliance thereto
  981  and the prevention of fraud.
  982         4.d. The appropriately signed petition must be filed with
  983  the governing body of each component independent special
  984  district. The petition must be submitted to the supervisors of
  985  elections of the counties in which the district lands are
  986  located. The supervisors shall, within 30 business days after
  987  receipt of the petitions, certify to the governing bodies the
  988  number of signatures of qualified electors contained on the
  989  petitions.
  990         (c)3. Upon verification by the supervisors of elections of
  991  the counties within which component independent special district
  992  lands are located that 40 percent of the qualified electors have
  993  petitioned for merger and that all such petitions have been
  994  executed within 1 year after the date of the initiation of the
  995  qualified-elector merger process, the governing bodies of each
  996  component independent special district shall meet within 30
  997  business days to prepare and approve by resolution a proposed
  998  elector-initiated merger plan. The proposed plan must include:
  999         1.a. The name of each component independent special
 1000  district to be merged;
 1001         2.b. The name of the proposed merged independent district;
 1002         3.c. The rights, duties, and obligations of the merged
 1003  independent district;
 1004         4.d. The territorial boundaries of the proposed merged
 1005  independent district;
 1006         5.e. The governmental organization of the proposed merged
 1007  independent district insofar as it concerns elected and
 1008  appointed officials and public employees, along with a
 1009  transitional plan and schedule for elections and appointments of
 1010  officials;
 1011         6.f. A fiscal estimate of the potential cost or savings as
 1012  a result of the merger;
 1013         7.g. Each component independent special district’s assets,
 1014  including, but not limited to, real and personal property, and
 1015  the current value thereof;
 1016         8.h. Each component independent special district’s
 1017  liabilities and indebtedness, bonded and otherwise, and the
 1018  current value thereof;
 1019         9.i. Terms for the assumption and disposition of existing
 1020  assets, liabilities, and indebtedness of each component
 1021  independent special district, jointly, separately, or in defined
 1022  proportions;
 1023         10.j. Terms for the common administration and uniform
 1024  enforcement of existing laws within the proposed merged
 1025  independent district;
 1026         11.k. The times and places for public hearings on the
 1027  proposed joint merger plan; and
 1028         12.l. The effective date of the proposed merger.
 1029         (d)4. The resolution endorsing the proposed elector
 1030  initiated merger plan must be approved by a majority vote of the
 1031  governing bodies of each component independent special district
 1032  and must be adopted at least 60 business days before any general
 1033  or special election on the proposed elector-initiated plan.
 1034         (e)5. Within 5 business days after the governing bodies of
 1035  each component independent special district approve the proposed
 1036  elector-initiated merger plan, the governing bodies shall:
 1037         1.a. Cause a copy of the proposed elector-initiated merger
 1038  plan, along with a descriptive summary of the plan, to be
 1039  displayed and be readily accessible to the public for inspection
 1040  in at least three public places within the territorial limits of
 1041  each component independent special district, unless a component
 1042  independent special district has fewer than three public places,
 1043  in which case the plan must be accessible for inspection in all
 1044  public places within the component independent special district;
 1045         2.b. If applicable, cause the proposed elector-initiated
 1046  merger plan, along with a descriptive summary of the plan and a
 1047  reference to the public places within each component independent
 1048  special district where a copy of the merger plan may be
 1049  examined, to be displayed on a website maintained by each
 1050  district or otherwise on a website maintained by the county or
 1051  municipality in which the districts are located; and
 1052         3.c. Arrange for a descriptive summary of the proposed
 1053  elector-initiated merger plan, and a reference to the public
 1054  places within the district where a copy may be examined, to be
 1055  published in a newspaper of general circulation within the
 1056  component independent special districts at least once each week
 1057  for 4 successive weeks.
 1058         (f)6. The governing body of each component independent
 1059  special district shall set a time and place for one or more
 1060  public hearings on the proposed elector-initiated merger plan.
 1061  Each public hearing shall be held on a weekday at least 7
 1062  business days after the day the first advertisement is published
 1063  on the proposed elector-initiated merger plan. The hearing or
 1064  hearings may be held jointly or separately by the governing
 1065  bodies of the component independent special districts. Any
 1066  interested person residing in the respective district shall be
 1067  given a reasonable opportunity to be heard on any aspect of the
 1068  proposed merger at the public hearing.
 1069         1.a. Notice of the public hearing on the proposed elector
 1070  initiated merger plan must be published pursuant to the notice
 1071  requirements in s. 189.015 189.417 and must provide a
 1072  descriptive summary of the elector-initiated merger plan and a
 1073  reference to the public places within the component independent
 1074  special districts where a copy of the plan may be examined.
 1075         2.b. After the final public hearing, the governing bodies
 1076  of each component independent special district may amend the
 1077  proposed elector-initiated merger plan if the amended version
 1078  complies with the notice and public hearing requirements
 1079  provided in this section subsection. The governing bodies must
 1080  approve a final version of the merger plan within 60 business
 1081  days after the final hearing.
 1082         (g)7. After the final public hearing, the governing bodies
 1083  shall notify the supervisors of elections of the applicable
 1084  counties in which district lands are located of the adoption of
 1085  the resolution by each governing body. The supervisors of
 1086  elections shall schedule a date for the separate referenda for
 1087  each district. The referenda may be held in each district on the
 1088  same day, or on different days, but no more than 20 days apart.
 1089         1.a. Notice of a referendum on the merger of the component
 1090  independent special districts must be provided pursuant to the
 1091  notice requirements in s. 100.342. At a minimum, the notice must
 1092  include:
 1093         a.(I) A brief summary of the resolution and elector
 1094  initiated merger plan;
 1095         b.(II) A statement as to where a copy of the resolution and
 1096  petition for merger may be examined;
 1097         c.(III) The names of the component independent special
 1098  districts to be merged and a description of their territory;
 1099         d.(IV) The times and places at which the referendum will be
 1100  held; and
 1101         e.(V) Such other matters as may be necessary to call,
 1102  provide for, and give notice of the referendum and to provide
 1103  for the conduct thereof and the canvass of the returns.
 1104         2.b. The referenda must be held in accordance with the
 1105  Florida Election Code and may be held pursuant to ss. 101.6101
 1106  101.6107. All costs associated with the referenda shall be borne
 1107  by the respective component independent special district.
 1108         3.c. The ballot question in such referendum placed before
 1109  the qualified electors of each component independent special
 1110  district to be merged must be in substantially the following
 1111  form:
 1112         “Shall ...(name of component independent special
 1113  district)... and ...(name of component independent special
 1114  district or districts)... be merged into ...(name of newly
 1115  merged independent district)...?
 1116         ....YES
 1117         ....NO”
 1118         4.d. If the component independent special districts
 1119  proposing to merge have disparate millage rates, the ballot
 1120  question in the referendum placed before the qualified electors
 1121  of each component independent special district must be in
 1122  substantially the following form:
 1123         “Shall ...(name of component independent special
 1124  district)... and ...(name of component independent special
 1125  district or districts)... be merged into ...(name of newly
 1126  merged independent district)... if the voter-approved maximum
 1127  millage rate within each independent special district will not
 1128  increase absent a subsequent referendum?
 1129         ....YES
 1130         ....NO”
 1131         5.e. In any referendum held pursuant to this section
 1132  subsection, the ballots shall be counted, returns made and
 1133  canvassed, and results certified in the same manner as other
 1134  elections or referenda for the component independent special
 1135  districts.
 1136         6.f. The merger may not take effect unless a majority of
 1137  the votes cast in each component independent special district
 1138  are in favor of the merger. If one of the component independent
 1139  special districts does not obtain a majority vote, the
 1140  referendum fails, and merger does not take effect.
 1141         7.g. If the merger is approved by a majority of the votes
 1142  cast in each component independent special district, the merged
 1143  district shall notify the Special District Accountability
 1144  Information Program pursuant to s. 189.016(2) 189.418(2) and the
 1145  local general-purpose governments in which any part of the
 1146  component independent special districts is situated pursuant to
 1147  s. 189.016(7) 189.418(7).
 1148         8.h. If the referendum fails, the merger process under this
 1149  subsection paragraph may not be initiated for the same purpose
 1150  within 2 years after the date of the referendum.
 1151         (h)8. Component independent special districts merged
 1152  pursuant to an elector-initiated merger plan shall continue to
 1153  be governed as before the merger until the effective date
 1154  specified in the adopted elector-initiated merger plan.
 1155         (4)(d)Effective date.—The effective date of the merger
 1156  shall be as provided in the joint merger plan or elector
 1157  initiated merger plan, as appropriate, and is not contingent
 1158  upon the future act of the Legislature.
 1159         (a)1. However, as soon as practicable, the merged
 1160  independent district shall, at its own expense, submit a unified
 1161  charter for the merged district to the Legislature for approval.
 1162  The unified charter must make the powers of the district
 1163  consistent within the merged independent district and repeal the
 1164  special acts of the districts which existed before the merger.
 1165         (b)2. Within 30 business days after the effective date of
 1166  the merger, the merged independent district’s governing body, as
 1167  indicated in this section subsection, shall hold an
 1168  organizational meeting to implement the provisions of the joint
 1169  merger plan or elector-initiated merger plan, as appropriate.
 1170         (5)(e)Restrictions during transition period.—Until the
 1171  Legislature formally approves the unified charter pursuant to a
 1172  special act, each component independent special district is
 1173  considered a subunit of the merged independent district subject
 1174  to the following restrictions:
 1175         (a)1. During the transition period, the merged independent
 1176  district is limited in its powers and financing capabilities
 1177  within each subunit to those powers that existed within the
 1178  boundaries of each subunit which were previously granted to the
 1179  component independent special district in its existing charter
 1180  before the merger. The merged independent district may not,
 1181  solely by reason of the merger, increase its powers or financing
 1182  capability.
 1183         (b)2. During the transition period, the merged independent
 1184  district shall exercise only the legislative authority to levy
 1185  and collect revenues within the boundaries of each subunit which
 1186  was previously granted to the component independent special
 1187  district by its existing charter before the merger, including
 1188  the authority to levy ad valorem taxes, non-ad valorem
 1189  assessments, impact fees, and charges.
 1190         1.a. The merged independent district may not, solely by
 1191  reason of the merger or the legislatively approved unified
 1192  charter, increase ad valorem taxes on property within the
 1193  original limits of a subunit beyond the maximum millage rate
 1194  approved by the electors of the component independent special
 1195  district unless the electors of such subunit approve an increase
 1196  at a subsequent referendum of the subunit’s electors. Each
 1197  subunit may be considered a separate taxing unit.
 1198         2.b. The merged independent district may not, solely by
 1199  reason of the merger, charge non-ad valorem assessments, impact
 1200  fees, or other new fees within a subunit which were not
 1201  otherwise previously authorized to be charged.
 1202         (c)3. During the transition period, each component
 1203  independent special district of the merged independent district
 1204  must continue to file all information and reports required under
 1205  this chapter as subunits until the Legislature formally approves
 1206  the unified charter pursuant to a special act.
 1207         (d)4. The intent of this part section is to preserve and
 1208  transfer to the merged independent district all authority that
 1209  exists within each subunit and was previously granted by the
 1210  Legislature and, if applicable, by referendum.
 1211         (6)(f)Effect of merger, generally.—On and after the
 1212  effective date of the merger, the merged independent district
 1213  shall be treated and considered for all purposes as one entity
 1214  under the name and on the terms and conditions set forth in the
 1215  joint merger plan or elector-initiated merger plan, as
 1216  appropriate.
 1217         (a)1. All rights, privileges, and franchises of each
 1218  component independent special district and all assets, real and
 1219  personal property, books, records, papers, seals, and equipment,
 1220  as well as other things in action, belonging to each component
 1221  independent special district before the merger shall be deemed
 1222  as transferred to and vested in the merged independent district
 1223  without further act or deed.
 1224         (b)2. All property, rights-of-way, and other interests are
 1225  as effectually the property of the merged independent district
 1226  as they were of the component independent special district
 1227  before the merger. The title to real estate, by deed or
 1228  otherwise, under the laws of this state vested in any component
 1229  independent special district before the merger may not be deemed
 1230  to revert or be in any way impaired by reason of the merger.
 1231         (c)3. The merged independent district is in all respects
 1232  subject to all obligations and liabilities imposed and possesses
 1233  all the rights, powers, and privileges vested by law in other
 1234  similar entities.
 1235         (d)4. Upon the effective date of the merger, the joint
 1236  merger plan or elector-initiated merger plan, as appropriate, is
 1237  subordinate in all respects to the contract rights of all
 1238  holders of any securities or obligations of the component
 1239  independent special districts outstanding at the effective date
 1240  of the merger.
 1241         (e)5. The new registration of electors is not necessary as
 1242  a result of the merger, but all elector registrations of the
 1243  component independent special districts shall be transferred to
 1244  the proper registration books of the merged independent
 1245  district, and new registrations shall be made as provided by law
 1246  as if no merger had taken place.
 1247         (7)(g)Governing body of merged independent district.—
 1248         (a)1. From the effective date of the merger until the next
 1249  general election, the governing body of the merged independent
 1250  district shall be comprised of the governing body members of
 1251  each component independent special district, with such members
 1252  serving until the governing body members elected at the next
 1253  general election take office.
 1254         (b)2. Beginning with the next general election following
 1255  the effective date of merger, the governing body of the merged
 1256  independent district shall be comprised of five members. The
 1257  office of each governing body member shall be designated by
 1258  seat, which shall be distinguished from other body member seats
 1259  by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
 1260  members that are elected in this initial election following the
 1261  merger shall serve unequal terms of 2 and 4 years in order to
 1262  create staggered membership of the governing body, with:
 1263         1.a. Member seats 1, 3, and 5 being designated for 4-year
 1264  terms; and
 1265         2.b. Member seats 2 and 4 being designated for 2-year
 1266  terms.
 1267         (c)3. In general elections thereafter, all governing body
 1268  members shall serve 4-year terms.
 1269         (8)(h)Effect on employees.—Except as otherwise provided by
 1270  law and except for those officials and employees protected by
 1271  tenure of office, civil service provisions, or a collective
 1272  bargaining agreement, upon the effective date of merger, all
 1273  appointive offices and positions existing in all component
 1274  independent special districts involved in the merger are subject
 1275  to the terms of the joint merger plan or elector-initiated
 1276  merger plan, as appropriate. Such plan may provide for instances
 1277  in which there are duplications of positions and for other
 1278  matters such as varying lengths of employee contracts, varying
 1279  pay levels or benefits, different civil service regulations in
 1280  the constituent entities, and differing ranks and position
 1281  classifications for similar positions. For those employees who
 1282  are members of a bargaining unit certified by the Public
 1283  Employees Relations Commission, the requirements of chapter 447
 1284  apply.
 1285         (9)(i)Effect on debts, liabilities, and obligations.—
 1286         (a)1. All valid and lawful debts and liabilities existing
 1287  against a merged independent district, or which may arise or
 1288  accrue against the merged independent district, which but for
 1289  merger would be valid and lawful debts or liabilities against
 1290  one or more of the component independent special districts, are
 1291  debts against or liabilities of the merged independent district
 1292  and accordingly shall be defrayed and answered to by the merged
 1293  independent district to the same extent, and no further than,
 1294  the component independent special districts would have been
 1295  bound if a merger had not taken place.
 1296         (b)2. The rights of creditors and all liens upon the
 1297  property of any of the component independent special districts
 1298  shall be preserved unimpaired. The respective component
 1299  districts shall be deemed to continue in existence to preserve
 1300  such rights and liens, and all debts, liabilities, and duties of
 1301  any of the component districts attach to the merged independent
 1302  district.
 1303         (c)3. All bonds, contracts, and obligations of the
 1304  component independent special districts which exist as legal
 1305  obligations are obligations of the merged independent district,
 1306  and all such obligations shall be issued or entered into by and
 1307  in the name of the merged independent district.
 1308         (10)(j)Effect on actions and proceedings.—In any action or
 1309  proceeding pending on the effective date of merger to which a
 1310  component independent special district is a party, the merged
 1311  independent district may be substituted in its place, and the
 1312  action or proceeding may be prosecuted to judgment as if merger
 1313  had not taken place. Suits may be brought and maintained against
 1314  a merged independent district in any state court in the same
 1315  manner as against any other independent special district.
 1316         (11)(k)Effect on annexation.—Chapter 171 continues to
 1317  apply to all annexations by a city within the component
 1318  independent special districts’ boundaries after merger occurs.
 1319  Any moneys owed to a component independent special district
 1320  pursuant to s. 171.093, or any interlocal service boundary
 1321  agreement as a result of annexation predating the merger, shall
 1322  be paid to the merged independent district after merger.
 1323         (12)(l)Effect on millage calculations.—The merged
 1324  independent special district is authorized to continue or
 1325  conclude procedures under chapter 200 on behalf of the component
 1326  independent special districts. The merged independent special
 1327  district shall make the calculations required by chapter 200 for
 1328  each component individual special district separately.
 1329         (13)(m)Determination of rights.—If any right, title,
 1330  interest, or claim arises out of a merger or by reason thereof
 1331  which is not determinable by reference to this subsection, the
 1332  joint merger plan or elector-initiated merger plan, as
 1333  appropriate, or otherwise under the laws of this state, the
 1334  governing body of the merged independent district may provide
 1335  therefor in a manner conforming to law.
 1336         (14)(n)Exemption.—This section subsection does not apply
 1337  to independent special districts whose governing bodies are
 1338  elected by district landowners voting the acreage owned within
 1339  the district.
 1340         (15)(o)Preemption.—This section subsection preempts any
 1341  special act to the contrary.
 1342         Section 23. Subsection (6) of section 189.4042, Florida
 1343  Statutes, is transferred, renumbered as section 189.075, Florida
 1344  Statutes, and amended to read:
 1345         189.075 189.4042Involuntary merger of independent special
 1346  districts Merger and dissolution procedures.—
 1347         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
 1348         (1)(a)Independent special districts created by special
 1349  act.—In order for the Legislature to merge an active independent
 1350  special district or districts created and operating pursuant to
 1351  a special act, the special act merging the active independent
 1352  special district or districts must be approved at separate
 1353  referenda of the impacted local governments by a majority of the
 1354  resident electors or, for districts in which a majority of
 1355  governing body board members are elected by landowners, a
 1356  majority of the landowners voting in the same manner by which
 1357  each independent special district’s governing body is elected.
 1358  The special act merging the districts must include a plan of
 1359  merger that addresses transition issues such as the effective
 1360  date of the merger, governance, administration, powers,
 1361  pensions, and assumption of all assets and liabilities. If a
 1362  local general-purpose government passes an ordinance or
 1363  resolution in support of the merger of an active independent
 1364  special district, the local general-purpose government must pay
 1365  any expenses associated with the referendum required under this
 1366  subsection paragraph.
 1367         (2)(b)Independent special districts created by a county or
 1368  municipality.—A county or municipality may merge an independent
 1369  special district created by the county or municipality pursuant
 1370  to a referendum or any other procedure by which the independent
 1371  special district was created. However, if the independent
 1372  special district has ad valorem taxation powers, the same
 1373  procedure required to grant the independent special district ad
 1374  valorem taxation powers is required to merge the district. The
 1375  political subdivisions proposing the involuntary merger of an
 1376  active independent special district must pay any expenses
 1377  associated with the referendum required under this subsection
 1378  paragraph.
 1379         (3)(c)Inactive independent special districts.—An
 1380  independent special district that meets any criteria for being
 1381  declared inactive, or that has already been declared inactive,
 1382  pursuant to s. 189.062 189.4044 may be merged by special act
 1383  without a referendum.
 1384         Section 24. Subsection (7) of section 189.4042, Florida
 1385  Statutes, is transferred and renumbered as section 189.0761,
 1386  Florida Statutes, and amended to read:
 1387         189.0761 189.4042Merger and dissolution procedures.—
 1388         (7) Exemptions.—This part section does not apply to
 1389  community development districts implemented pursuant to chapter
 1390  190 or to water management districts created and operated
 1391  pursuant to chapter 373.
 1392         Section 25. Section 189.4044, Florida Statutes, is
 1393  transferred and renumbered as section 189.062, Florida Statutes,
 1394  subsections (1) and (3) of that section are amended, and
 1395  subsections (5) and (6) are added to that section, to read:
 1396         189.062 189.4044 Special procedures for inactive
 1397  districts.—
 1398         (1) The department shall declare inactive any special
 1399  district in this state by documenting that:
 1400         (a) The special district meets one of the following
 1401  criteria:
 1402         1. The registered agent of the district, the chair of the
 1403  governing body of the district, or the governing body of the
 1404  appropriate local general-purpose government notifies the
 1405  department in writing that the district has taken no action for
 1406  2 or more years;
 1407         2. Following an inquiry from the department, The registered
 1408  agent of the district, the chair of the governing body of the
 1409  district, or the governing body of the appropriate local
 1410  general-purpose government notifies the department in writing
 1411  that the district has not had a governing body board or a
 1412  sufficient number of governing body board members to constitute
 1413  a quorum for 2 or more years;
 1414         3.or The registered agent of the district, the chair of
 1415  the governing body of the district, or the governing body of the
 1416  appropriate local general-purpose government fails to respond to
 1417  an the department’s inquiry by the department within 21 days;
 1418         4.3. The department determines, pursuant to s. 189.067
 1419  189.421, that the district has failed to file any of the reports
 1420  listed in s. 189.066. 189.419;
 1421         5.4. The district has not had a registered office and agent
 1422  on file with the department for 1 or more years; or
 1423         6.5. The governing body of a special district provides
 1424  documentation to the department that it has unanimously adopted
 1425  a resolution declaring the special district inactive. The
 1426  special district shall be responsible for payment of any
 1427  expenses associated with its dissolution. A special district
 1428  declared inactive pursuant to this subparagraph may be dissolved
 1429  without a referendum; or
 1430         7. The department independently determines that the
 1431  district is no longer active.
 1432         (b) The department, special district, or local general
 1433  purpose government published a notice of proposed declaration of
 1434  inactive status in a newspaper of general circulation in the
 1435  county or municipality in which the territory of the special
 1436  district is located and sent a copy of such notice by certified
 1437  mail to the registered agent or chair of the governing body
 1438  board, if any. Such notice must include the name of the special
 1439  district, the law under which it was organized and operating, a
 1440  general description of the territory included in the special
 1441  district, and a statement that any objections must be filed
 1442  pursuant to chapter 120 within 21 days after the publication
 1443  date; and
 1444         (c) Twenty-one days have elapsed from the publication date
 1445  of the notice of proposed declaration of inactive status and no
 1446  administrative appeals were filed.
 1447         (3) In the case of a district created by special act of the
 1448  Legislature, the department shall send a notice of declaration
 1449  of inactive status to the chair of the county legislative
 1450  delegation and the Legislative Auditing Committee Speaker of the
 1451  House of Representatives and the President of the Senate. The
 1452  notice of declaration of inactive status shall reference each
 1453  known special act creating or amending the charter of any
 1454  special district declared to be inactive under this section. The
 1455  declaration of inactive status shall be sufficient notice as
 1456  required by s. 10, Art. III of the State Constitution to
 1457  authorize the Legislature to repeal any special laws so
 1458  reported. In the case of a district created by one or more local
 1459  general-purpose governments, the department shall send a notice
 1460  of declaration of inactive status to the chair of the governing
 1461  body of each local general-purpose government that created the
 1462  district. In the case of a district created by interlocal
 1463  agreement, the department shall send a notice of declaration of
 1464  inactive status to the chair of the governing body of each local
 1465  general-purpose government which entered into the interlocal
 1466  agreement.
 1467         (5) A special district declared inactive under this section
 1468  may not collect taxes, fees, or assessments unless the
 1469  declaration is:
 1470         (a) Withdrawn or revoked by the department; or
 1471         (b) Invalidated in proceedings initiated by the special
 1472  district within 30 days after the date notice of the declaration
 1473  was provided to the special district governing body, either by
 1474  an administrative law judge in proceedings under chapter 120 or
 1475  by petition for writ of certiorari in the circuit court in the
 1476  judicial circuit having jurisdiction over the geographical
 1477  boundaries of the special district, or, if such boundaries
 1478  extend beyond the boundaries of a single county, in a circuit
 1479  court in and for any such county.
 1480         (6) If a special district that is declared inactive
 1481  pursuant to this section does not initiate a timely challenge to
 1482  such declaration, the department may enforce subsection (5) in
 1483  the circuit court in and for Leon County, through injunctive or
 1484  other relief.
 1485         Section 26. Section 189.4045, Florida Statutes, is
 1486  transferred and renumbered as section 189.076, Florida Statutes.
 1487         Section 27. Section 189.4047, Florida Statutes, is
 1488  transferred and renumbered as section 189.021, Florida Statutes.
 1489         Section 28. Subsections (1), (2), (3), (4), (6), and (7) of
 1490  section 189.405, Florida Statutes, are transferred and
 1491  renumbered as subsections (1) through (6) of section 189.04,
 1492  Florida Statutes, respectively, and present subsection (1),
 1493  paragraph (c) of present subsection (2), and present subsections
 1494  (3), (4), and (7) of that section are amended, to read:
 1495         189.04 189.405 Elections; general requirements and
 1496  procedures; education programs.—
 1497         (1) If a dependent special district has an elected
 1498  governing body board, elections shall be conducted by the
 1499  supervisor of elections of the county wherein the district is
 1500  located in accordance with the Florida Election Code, chapters
 1501  97-106.
 1502         (2)
 1503         (c) A candidate for a position on a governing body board of
 1504  a single-county special district that has its elections
 1505  conducted by the supervisor of elections shall qualify for the
 1506  office with the county supervisor of elections in whose
 1507  jurisdiction the district is located. Elections for governing
 1508  body board members elected by registered electors shall be
 1509  nonpartisan, except when partisan elections are specified by a
 1510  district’s charter. Candidates shall qualify as directed by
 1511  chapter 99. The qualifying fee shall be remitted to the general
 1512  revenue fund of the qualifying officer to help defray the cost
 1513  of the election.
 1514         (3)(a) If a multicounty special district has a popularly
 1515  elected governing body board, elections for the purpose of
 1516  electing members to such governing body board shall conform to
 1517  the Florida Election Code, chapters 97-106.
 1518         (b) With the exception of those districts conducting
 1519  elections on a one-acre/one-vote basis, qualifying for
 1520  multicounty special district governing body board positions
 1521  shall be coordinated by the Department of State. Elections for
 1522  governing body board members elected by registered electors
 1523  shall be nonpartisan, except when partisan elections are
 1524  specified by a district’s charter. Candidates shall qualify as
 1525  directed by chapter 99. The qualifying fee shall be remitted to
 1526  the Department of State.
 1527         (4) With the exception of elections of special district
 1528  governing body board members conducted on a one-acre/one-vote
 1529  basis, in any election conducted in a special district the
 1530  decision made by a majority of those voting shall prevail,
 1531  except as otherwise specified by law.
 1532         (6)(7) Nothing in this act requires that a special district
 1533  governed by an appointed governing body board convert to an
 1534  elected governing body board.
 1535         Section 29. Subsection (5) of section 189.405, Florida
 1536  Statutes, is transferred, renumbered as section 189.063, Florida
 1537  Statutes, and amended to read:
 1538         189.063 189.405Education programs for new members of
 1539  district governing bodies Elections; general requirements and
 1540  procedures; education programs.—
 1541         (1)(5)(a) The department may provide, contract for, or
 1542  assist in conducting education programs, as its budget permits,
 1543  for all newly elected or appointed members of district governing
 1544  bodies boards. The education programs shall include, but are not
 1545  limited to, courses on the code of ethics for public officers
 1546  and employees, public meetings and public records requirements,
 1547  public finance, and parliamentary procedure. Course content may
 1548  be offered by means of the following: videotapes, live seminars,
 1549  workshops, conferences, teleconferences, computer-based
 1550  training, multimedia presentations, or other available
 1551  instructional methods.
 1552         (2)(b) An individual district governing body board, at its
 1553  discretion, may bear the costs associated with educating its
 1554  members. Governing body Board members of districts which have
 1555  qualified for a zero annual fee for the most recent invoicing
 1556  period pursuant to s. 189.018 are 189.427 shall not be required
 1557  to pay a fee for any education program the department provides,
 1558  contracts for, or assists in conducting.
 1559         Section 30. Section 189.4051, Florida Statutes, is
 1560  transferred, renumbered as section 189.041, Florida Statutes,
 1561  and amended to read:
 1562         189.041 189.4051 Elections; special requirements and
 1563  procedures for districts with governing bodies boards elected on
 1564  a one-acre/one-vote basis.—
 1565         (1) DEFINITIONS.—As used in this section:
 1566         (a) “Qualified elector” means any person at least 18 years
 1567  of age who is a citizen of the United States, a permanent
 1568  resident of Florida, and a freeholder or freeholder’s spouse and
 1569  resident of the district who registers with the supervisor of
 1570  elections of a county within which the district lands are
 1571  located when the registration books are open.
 1572         (b) “Urban area” means a contiguous developed and inhabited
 1573  urban area within a district with a minimum average resident
 1574  population density of at least 1.5 persons per acre as defined
 1575  by the latest official census, special census, or population
 1576  estimate or a minimum density of one single-family home per 2.5
 1577  acres with access to improved roads or a minimum density of one
 1578  single-family home per 5 acres within a recorded plat
 1579  subdivision. Urban areas shall be designated by the governing
 1580  body board of the district with the assistance of all local
 1581  general-purpose governments having jurisdiction over the area
 1582  within the district.
 1583         (c) “Governing body board member” means any duly elected
 1584  member of the governing body board of a special district elected
 1585  pursuant to this section, provided that a any board member
 1586  elected by popular vote shall be a qualified district elector
 1587  and a any board member elected on a one-acre/one-vote basis
 1588  shall meet the requirements of s. 298.11 for election to the
 1589  governing body board.
 1590         (d) “Contiguous developed urban area” means any reasonably
 1591  compact urban area located entirely within a special district.
 1592  The separation of urban areas by a publicly owned park, right
 1593  of-way, highway, road, railroad, canal, utility, body of water,
 1594  watercourse, or other minor geographical division of a similar
 1595  nature shall not prevent such areas from being defined as urban
 1596  areas.
 1597         (2) POPULAR ELECTIONS; REFERENDUM; DESIGNATION OF URBAN
 1598  AREAS.—
 1599         (a) Referendum.—
 1600         1. A referendum shall be called by the governing body board
 1601  of a special district where the governing body board is elected
 1602  on a one-acre/one-vote basis on the question of whether certain
 1603  members of a district governing body board should be elected by
 1604  qualified electors, provided each of the following conditions
 1605  has been satisfied at least 60 days before prior to the general
 1606  or special election at which the referendum is to be held:
 1607         a. The district shall have a total population, according to
 1608  the latest official state census, a special census, or a
 1609  population estimate, of at least 500 qualified electors.
 1610         b. A petition signed by 10 percent of the qualified
 1611  electors of the district shall have been filed with the
 1612  governing body board of the district. The petition shall be
 1613  submitted to the supervisor of elections of the county or
 1614  counties in which the lands are located. The supervisor shall,
 1615  within 30 days after the receipt of the petitions, certify to
 1616  the governing body board the number of signatures of qualified
 1617  electors contained on the petition.
 1618         2. Upon verification by the supervisor or supervisors of
 1619  elections of the county or counties within which district lands
 1620  are located that 10 percent of the qualified electors of the
 1621  district have petitioned the governing body board, a referendum
 1622  election shall be called by the governing body board at the next
 1623  regularly scheduled election of governing body board members
 1624  occurring at least 30 days after verification of the petition or
 1625  within 6 months of verification, whichever is earlier.
 1626         3. If the qualified electors approve the election procedure
 1627  described in this subsection, the governing body board of the
 1628  district shall be increased to five members and elections shall
 1629  be held pursuant to the criteria described in this subsection
 1630  beginning with the next regularly scheduled election of
 1631  governing body board members or at a special election called
 1632  within 6 months following the referendum and final unappealed
 1633  approval of district urban area maps as provided in paragraph
 1634  (b), whichever is earlier.
 1635         4. If the qualified electors of the district disapprove the
 1636  election procedure described in this subsection, elections of
 1637  the members of the governing body board shall continue as
 1638  described by s. 298.12 or the enabling legislation for the
 1639  district. No further referendum on the question shall be held
 1640  for a minimum period of 2 years following the referendum.
 1641         (b) Designation of urban areas.—
 1642         1. Within 30 days after approval of the election process
 1643  described in this subsection by qualified electors of the
 1644  district, the governing body board shall direct the district
 1645  staff to prepare and present maps of the district describing the
 1646  extent and location of all urban areas within the district. Such
 1647  determination shall be based upon the criteria contained within
 1648  paragraph (1)(b).
 1649         2. Within 60 days after approval of the election process
 1650  described in this subsection by qualified electors of the
 1651  district, the maps describing urban areas within the district
 1652  shall be presented to the governing body board.
 1653         3. Any district landowner or elector may contest the
 1654  accuracy of the urban area maps prepared by the district staff
 1655  within 30 days after submission to the governing body board.
 1656  Upon notice of objection to the maps, the governing body board
 1657  shall request the county engineer to prepare and present maps of
 1658  the district describing the extent and location of all urban
 1659  areas within the district. Such determination shall be based
 1660  upon the criteria contained within paragraph (1)(b). Within 30
 1661  days after the governing body board request, the county engineer
 1662  shall present the maps to the governing body board.
 1663         4. Upon presentation of the maps by the county engineer,
 1664  the governing body board shall compare the maps submitted by
 1665  both the district staff and the county engineer and make a
 1666  determination as to which set of maps to adopt. Within 60 days
 1667  after presentation of all such maps, the governing body board
 1668  may amend and shall adopt the official maps at a regularly
 1669  scheduled meeting of the governing body board meeting.
 1670         5. Any district landowner or qualified elector may contest
 1671  the accuracy of the urban area maps adopted by the governing
 1672  body board within 30 days after adoption by petition to the
 1673  circuit court with jurisdiction over the district. Accuracy
 1674  shall be determined pursuant to paragraph (1)(b). Any petitions
 1675  so filed shall be heard expeditiously, and the maps shall either
 1676  be approved or approved with necessary amendments to render the
 1677  maps accurate and shall be certified to the governing body
 1678  board.
 1679         6. Upon adoption by the governing body board or
 1680  certification by the court, the district urban area maps shall
 1681  serve as the official maps for determination of the extent of
 1682  urban area within the district and the number of governing body
 1683  board members to be elected by qualified electors and by the
 1684  one-acre/one-vote principle at the next regularly scheduled
 1685  election of governing body board members.
 1686         7. Upon a determination of the percentage of urban area
 1687  within the district as compared with total area within the
 1688  district, the governing body board shall order elections in
 1689  accordance with the percentages pursuant to paragraph (3)(a).
 1690  The landowners’ meeting date shall be designated by the
 1691  governing body board.
 1692         8. The maps shall be updated and readopted every 5 years or
 1693  sooner in the discretion of the governing body board.
 1694         (3) GOVERNING BODY BOARD.—
 1695         (a) Composition of board.—
 1696         1. Members of the governing body board of the district
 1697  shall be elected in accordance with the following determinations
 1698  of urban area:
 1699         a. If urban areas constitute 25 percent or less of the
 1700  district, one governing body board member shall be elected by
 1701  the qualified electors and four governing body board members
 1702  shall be elected in accordance with the one-acre/one-vote
 1703  principle contained within s. 298.11 or the district-enabling
 1704  legislation.
 1705         b. If urban areas constitute 26 percent to 50 percent of
 1706  the district, two governing body board members shall be elected
 1707  by the qualified electors and three governing body board members
 1708  shall be elected in accordance with the one-acre/one-vote
 1709  principle contained within s. 298.11 or the district-enabling
 1710  legislation.
 1711         c. If urban areas constitute 51 percent to 70 percent of
 1712  the district, three governing body board members shall be
 1713  elected by the qualified electors and two governing body board
 1714  members shall be elected in accordance with the one-acre/one
 1715  vote principle contained within s. 298.11 or the district
 1716  enabling legislation.
 1717         d. If urban areas constitute 71 percent to 90 percent of
 1718  the district, four governing body board members shall be elected
 1719  by the qualified electors and one governing body board member
 1720  shall be elected in accordance with the one-acre/one-vote
 1721  principle contained within s. 298.11 or the district-enabling
 1722  legislation.
 1723         e. If urban areas constitute 91 percent or more of the
 1724  district, all governing body board members shall be elected by
 1725  the qualified electors.
 1726         2. All governing body board members elected by qualified
 1727  electors shall be elected at large.
 1728         (b) Term of office.—All governing body board members
 1729  elected by qualified electors shall have a term of 4 years
 1730  except for governing body board members elected at the first
 1731  election and the first landowners’ meeting following the
 1732  referendum prescribed in paragraph (2)(a). Governing body board
 1733  members elected at the first election and the first landowners’
 1734  meeting following the referendum shall serve as follows:
 1735         1. If one governing body board member is elected by the
 1736  qualified electors and four are elected on a one-acre/one-vote
 1737  basis, the governing body board member elected by the qualified
 1738  electors shall be elected for a period of 4 years. Governing
 1739  body board members elected on a one-acre/one-vote basis shall be
 1740  elected for periods of 1, 2, 3, and 4 years, respectively, as
 1741  prescribed by ss. 298.11 and 298.12.
 1742         2. If two governing body board members are elected by the
 1743  qualified electors and three are elected on a one-acre/one-vote
 1744  basis, the governing body board members elected by the electors
 1745  shall be elected for a period of 4 years. Governing body board
 1746  members elected on a one-acre/one-vote basis shall be elected
 1747  for periods of 1, 2, and 3 years, respectively, as prescribed by
 1748  ss. 298.11 and 298.12.
 1749         3. If three governing body board members are elected by the
 1750  qualified electors and two are elected on a one-acre/one-vote
 1751  basis, two of the governing body board members elected by the
 1752  electors shall be elected for a term of 4 years and the other
 1753  governing body board member elected by the electors shall be
 1754  elected for a term of 2 years. Governing body board members
 1755  elected on a one-acre/one-vote basis shall be elected for terms
 1756  of 1 and 2 years, respectively, as prescribed by ss. 298.11 and
 1757  298.12.
 1758         4. If four governing body board members are elected by the
 1759  qualified electors and one is elected on a one-acre/one-vote
 1760  basis, two of the governing body board members elected by the
 1761  electors shall be elected for a term of 2 years and the other
 1762  two for a term of 4 years. The governing body board member
 1763  elected on a one-acre/one-vote basis shall be elected for a term
 1764  of 1 year as prescribed by ss. 298.11 and 298.12.
 1765         5. If five governing body board members are elected by the
 1766  qualified electors, three shall be elected for a term of 4 years
 1767  and two for a term of 2 years.
 1768         6. If any vacancy occurs in a seat occupied by a governing
 1769  body board member elected by the qualified electors, the
 1770  remaining members of the governing body board shall, within 45
 1771  days after the vacancy occurs, appoint a person who would be
 1772  eligible to hold the office to the unexpired term.
 1773         (c) Landowners’ meetings.—
 1774         1. An annual landowners’ meeting shall be held pursuant to
 1775  s. 298.11 and at least one governing body board member shall be
 1776  elected on a one-acre/one-vote basis pursuant to s. 298.12 for
 1777  so long as 10 percent or more of the district is not contained
 1778  in an urban area. In the event all district governing body board
 1779  members are elected by qualified electors, there shall be no
 1780  further landowners’ meetings.
 1781         2. At any landowners’ meeting called pursuant to this
 1782  section, 50 percent of the district acreage shall not be
 1783  required to constitute a quorum and each governing body board
 1784  member shall be elected by a majority of the acreage represented
 1785  either by owner or proxy present and voting at said meeting.
 1786         3. All landowners’ meetings of districts operating pursuant
 1787  to this section shall be set by the governing body board within
 1788  the month preceding the month of the election of the governing
 1789  body board members by the electors.
 1790         4. Vacancies on the governing body board shall be filled
 1791  pursuant to s. 298.12 except as otherwise provided in
 1792  subparagraph (b)6.
 1793         (4) QUALIFICATIONS.—Elections for governing body board
 1794  members elected by qualified electors shall be nonpartisan.
 1795  Qualifications shall be pursuant to the Florida Election Code
 1796  and shall occur during the qualifying period established by s.
 1797  99.061. Qualification requirements shall only apply to those
 1798  governing body board member candidates elected by qualified
 1799  electors. Following the first election pursuant to this section,
 1800  elections to the governing body board by qualified electors
 1801  shall occur at the next regularly scheduled election closest in
 1802  time to the expiration date of the term of the elected governing
 1803  body board member. If the next regularly scheduled election is
 1804  beyond the normal expiration time for the term of an elected
 1805  governing body board member, the governing body board member
 1806  shall hold office until the election of a successor.
 1807         (5) Those districts established as single-purpose water
 1808  control districts, and which continue to act as single-purpose
 1809  water control districts, pursuant to chapter 298, pursuant to a
 1810  special act, pursuant to a local government ordinance, or
 1811  pursuant to a judicial decree, shall be exempt from the
 1812  provisions of this section. All other independent special
 1813  districts with governing bodies boards elected on a one
 1814  acre/one-vote basis shall be subject to the provisions of this
 1815  section.
 1816         (6) The provisions of this section shall not apply to
 1817  community development districts established pursuant to chapter
 1818  190.
 1819         Section 31. Section 189.4065, Florida Statutes, is
 1820  transferred and renumbered as section 189.05, Florida Statutes.
 1821         Section 32. Section 189.408, Florida Statutes, is
 1822  transferred and renumbered as section 189.042, Florida Statutes.
 1823         Section 33. Section 189.4085, Florida Statutes, is
 1824  transferred and renumbered as section 189.051, Florida Statutes.
 1825         Section 34. Section 189.412, Florida Statutes, is
 1826  transferred and renumbered as section 189.064, Florida Statutes,
 1827  and amended to read:
 1828         189.064 189.412 Special District Accountability Information
 1829  Program; duties and responsibilities.—The Special District
 1830  Accountability Information Program of the department of Economic
 1831  Opportunity is created and has the following special duties:
 1832         (1) Electronically publishing The collection and
 1833  maintenance of special district noncompliance status reports
 1834  from the department of Management Services, the Department of
 1835  Financial Services, the Division of Bond Finance of the State
 1836  Board of Administration, the Auditor General, and the
 1837  Legislative Auditing Committee, for the reporting required in
 1838  ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance
 1839  reports must list those special districts that did not comply
 1840  with the statutory reporting requirements and be made available
 1841  to the public electronically.
 1842         (2) Maintaining the official list of special districts The
 1843  maintenance of a master list of independent and dependent
 1844  special districts which shall be available on the department’s
 1845  website.
 1846         (3) The Publishing and updating of a “Florida Special
 1847  District Handbook” that contains, at a minimum:
 1848         (a) A section that specifies definitions of special
 1849  districts and status distinctions in the statutes.
 1850         (b) A section or sections that specify current statutory
 1851  provisions for special district creation, implementation,
 1852  modification, dissolution, and operating procedures.
 1853         (c) A section that summarizes the reporting requirements
 1854  applicable to all types of special districts as provided in ss.
 1855  189.015 and 189.016 189.417 and 189.418.
 1856         (4) When feasible, securing and maintaining access to
 1857  special district information collected by all state agencies in
 1858  existing or newly created state computer systems.
 1859         (4)(5)Coordinating and communicating The facilitation of
 1860  coordination and communication among state agencies regarding
 1861  special districts district information.
 1862         (6) The conduct of studies relevant to special districts.
 1863         (5)(7)Providing technical advisory The provision of
 1864  assistance related to special districts regarding the and
 1865  appropriate in the performance of requirements specified in this
 1866  chapter, including assisting with an annual conference sponsored
 1867  by the Florida Association of Special Districts or its
 1868  successor.
 1869         (6)(8) Providing assistance to local general-purpose
 1870  governments and certain state agencies in collecting delinquent
 1871  reports or information.,
 1872         (7) Helping special districts comply with reporting
 1873  requirements.,
 1874         (8) Declaring special districts inactive when appropriate,
 1875  and, when directed by the Legislative Auditing Committee or
 1876  required by this chapter.,
 1877         (9) Initiating enforcement proceedings provisions as
 1878  provided in ss. 189.062, 189.066, and 189.067 189.4044, 189.419,
 1879  and 189.421.
 1880         Section 35. Section 189.413, Florida Statutes, is
 1881  transferred and renumbered as section 189.065, Florida Statutes,
 1882  and amended to read:
 1883         189.065 189.413 Special districts; oversight of state funds
 1884  use.—Any state agency administering funding programs for which
 1885  special districts are eligible shall be responsible for
 1886  oversight of the use of such funds by special districts. The
 1887  oversight responsibilities shall include, but not be limited to:
 1888         (1) Reporting the existence of the program to the Special
 1889  District Accountability Information Program of the department.
 1890         (2) Submitting annually a list of special districts
 1891  participating in a state funding program to the Special District
 1892  Accountability Information Program of the department. This list
 1893  must indicate the special districts, if any, that are not in
 1894  compliance with state funding program requirements.
 1895         Section 36. Section 189.415, Florida Statutes, is
 1896  transferred and renumbered as section 189.08, Florida Statutes.
 1897         Section 37. Section 189.4155, Florida Statutes, is
 1898  transferred and renumbered as section 189.081, Florida Statutes.
 1899         Section 38. Section 189.4156, Florida Statutes, is
 1900  transferred and renumbered as section 189.082, Florida Statutes.
 1901         Section 39. Section 189.416, Florida Statutes, is
 1902  transferred and renumbered as section 189.014, Florida Statutes,
 1903  and subsection (1) of that section is amended, to read:
 1904         189.014 189.416 Designation of registered office and
 1905  agent.—
 1906         (1) Within 30 days after the first meeting of its governing
 1907  body board, each special district in the state shall designate a
 1908  registered office and a registered agent and file such
 1909  information with the local governing authority or authorities
 1910  and with the department. The registered agent shall be an agent
 1911  of the district upon whom any process, notice, or demand
 1912  required or permitted by law to be served upon the district may
 1913  be served. A registered agent shall be an individual resident of
 1914  this state whose business address is identical with the
 1915  registered office of the district. The registered office may be,
 1916  but need not be, the same as the place of business of the
 1917  special district.
 1918         Section 40. Section 189.417, Florida Statutes, is
 1919  transferred and renumbered as section 189.015, Florida Statutes,
 1920  and subsection (1) of that section is amended, to read:
 1921         189.015 189.417 Meetings; notice; required reports.—
 1922         (1) The governing body of each special district shall file
 1923  quarterly, semiannually, or annually a schedule of its regular
 1924  meetings with the local governing authority or authorities. The
 1925  schedule shall include the date, time, and location of each
 1926  scheduled meeting. The schedule shall be published quarterly,
 1927  semiannually, or annually in a newspaper of general paid
 1928  circulation in the manner required in this subsection. The
 1929  governing body of an independent special district shall
 1930  advertise the day, time, place, and purpose of any meeting other
 1931  than a regular meeting or any recessed and reconvened meeting of
 1932  the governing body, at least 7 days before prior to such
 1933  meeting, in a newspaper of general paid circulation in the
 1934  county or counties in which the special district is located,
 1935  unless a bona fide emergency situation exists, in which case a
 1936  meeting to deal with the emergency may be held as necessary,
 1937  with reasonable notice, so long as it is subsequently ratified
 1938  by the governing body board. No approval of the annual budget
 1939  shall be granted at an emergency meeting. The advertisement
 1940  shall be placed in that portion of the newspaper where legal
 1941  notices and classified advertisements appear. The advertisement
 1942  shall appear in a newspaper that is published at least 5 days a
 1943  week, unless the only newspaper in the county is published fewer
 1944  than 5 days a week. The newspaper selected must be one of
 1945  general interest and readership in the community and not one of
 1946  limited subject matter, pursuant to chapter 50. Any other
 1947  provision of law to the contrary notwithstanding, and except in
 1948  the case of emergency meetings, water management districts may
 1949  provide reasonable notice of public meetings held to evaluate
 1950  responses to solicitations issued by the water management
 1951  district, by publication in a newspaper of general paid
 1952  circulation in the county where the principal office of the
 1953  water management district is located, or in the county or
 1954  counties where the public work will be performed, no less than 7
 1955  days before such meeting.
 1956         Section 41. Section 189.418, Florida Statutes, is
 1957  transferred and renumbered as section 189.016, Florida Statutes,
 1958  and subsections (2) and (10) of that section are amended, to
 1959  read:
 1960         189.016 189.418 Reports; budgets; audits.—
 1961         (2) Any amendment, modification, or update of the document
 1962  by which the district was created, including changes in
 1963  boundaries, must be filed with the department within 30 days
 1964  after adoption. The department may initiate proceedings against
 1965  special districts as provided in s. 189.067 189.421 for failure
 1966  to file the information required by this subsection. However,
 1967  for the purposes of this section and s. 175.101(1), the
 1968  boundaries of a district shall be deemed to include an area that
 1969  has been annexed until the completion of the 4-year period
 1970  specified in s. 171.093(4) or other mutually agreed upon
 1971  extension, or when a district is providing services pursuant to
 1972  an interlocal agreement entered into pursuant to s. 171.093(3).
 1973         (10) All reports or information required to be filed with a
 1974  local general-purpose government or governing authority under
 1975  ss. 189.08, 189.014, and 189.015 189.415, 189.416, and 189.417
 1976  and subsection (8) must:
 1977         (a) If the local general-purpose government or governing
 1978  authority is a county, be filed with the clerk of the board of
 1979  county commissioners.
 1980         (b) If the district is a multicounty district, be filed
 1981  with the clerk of the county commission in each county.
 1982         (c) If the local general-purpose government or governing
 1983  authority is a municipality, be filed at the place designated by
 1984  the municipal governing body.
 1985         Section 42. Section 189.419, Florida Statutes, is
 1986  transferred, renumbered as section 189.066, Florida Statutes,
 1987  and amended to read:
 1988         189.066 189.419 Effect of failure to file certain reports
 1989  or information.—
 1990         (1) If an independent special district fails to file the
 1991  reports or information required under s. 189.08, s. 189.014, s.
 1992  189.015, or s. 189.016(9) 189.415, s. 189.416, s. 189.417, or s.
 1993  189.418(9) with the local general-purpose government or
 1994  governments in which it is located, the person authorized to
 1995  receive and read the reports or information or the local
 1996  general-purpose government shall notify the district’s
 1997  registered agent. If requested by the district, the local
 1998  general-purpose government shall grant an extension of up to 30
 1999  days for filing the required reports or information. If the
 2000  governing body of the local general-purpose government or
 2001  governments determines that there has been an unjustified
 2002  failure to file these reports or information, it may notify the
 2003  department, and the department may proceed pursuant to s.
 2004  189.067(1) 189.421(1).
 2005         (2) If a dependent special district fails to file the
 2006  reports or information required under s. 189.014, s. 189.015, or
 2007  s. 189.016(9) 189.416, s. 189.417, or s. 189.418(9) with the
 2008  local governing authority to which it is dependent, the local
 2009  governing authority shall take whatever steps it deems necessary
 2010  to enforce the special district’s accountability. Such steps may
 2011  include, as authorized, withholding funds, removing governing
 2012  body board members at will, vetoing the special district’s
 2013  budget, conducting the oversight review process set forth in s.
 2014  189.068 189.428, or amending, merging, or dissolving the special
 2015  district in accordance with the provisions contained in the
 2016  ordinance that created the dependent special district.
 2017         (3) If a special district fails to file the reports or
 2018  information required under s. 218.38 with the appropriate state
 2019  agency, the agency shall notify the department, and the
 2020  department shall send a certified technical assistance letter to
 2021  the special district which summarizes the requirements and
 2022  compels encourages the special district to take steps to prevent
 2023  the noncompliance from reoccurring.
 2024         (4) If a special district fails to file the reports or
 2025  information required under s. 112.63 with the appropriate state
 2026  agency, the agency shall notify the department and the
 2027  department shall proceed pursuant to s. 189.067(1) 189.421(1).
 2028         (5) If a special district fails to file the reports or
 2029  information required under s. 218.32 or s. 218.39 with the
 2030  appropriate state agency or office, the state agency or office
 2031  shall notify, and the Legislative Auditing Committee may, notify
 2032  the department and the department shall proceed pursuant to s.
 2033  189.421.
 2034         (6) If a special district created by special act of the
 2035  Legislature fails to file the reports or information required
 2036  under s. 218.32 or s. 218.39 with the appropriate state agency
 2037  or office, the Legislative Auditing Committee shall notify the
 2038  department and the chair of the county legislative delegation in
 2039  writing, pursuant to s. 189.034.
 2040         (7) If a special district created by ordinance fails to
 2041  file the reports or information required under s. 218.32 or
 2042  218.39 with the appropriate state agency or office, the
 2043  Legislative Auditing Committee shall notify the department and
 2044  the chair or equivalent of the local general-purpose government
 2045  that created the district, in writing, pursuant to s. 189.035.
 2046         Section 43. Section 189.420, Florida Statutes, is
 2047  transferred and renumbered as section 189.052, Florida Statutes.
 2048         Section 44. Section 189.421, Florida Statutes, is
 2049  transferred, renumbered as section 189.067, Florida Statutes,
 2050  and amended to read:
 2051         189.067 189.421 Failure of district to disclose financial
 2052  reports.—
 2053         (1)(a) If notified pursuant to s. 189.066(1) 189.419(1),
 2054  (4), or (5), the department shall attempt to assist a special
 2055  district in complying with its financial reporting requirements
 2056  by sending a certified letter to the special district, and, if
 2057  the special district is dependent, sending a copy of that letter
 2058  to the chair of the local governing authority. The letter must
 2059  include a description of the required report, including
 2060  statutory submission deadlines, a contact telephone number for
 2061  technical assistance to help the special district comply, a 60
 2062  day deadline for filing the required report with the appropriate
 2063  entity, the address where the report must be filed, and an
 2064  explanation of the penalties for noncompliance.
 2065         (b) A special district that is unable to meet the 60-day
 2066  reporting deadline must provide written notice to the department
 2067  before the expiration of the deadline stating the reason the
 2068  special district is unable to comply with the deadline, the
 2069  steps the special district is taking to prevent the
 2070  noncompliance from reoccurring, and the estimated date that the
 2071  special district will file the report with the appropriate
 2072  agency. The district’s written response does not constitute an
 2073  extension by the department; however, the department shall
 2074  forward the written response as follows to:
 2075         1. If the written response refers to the reports required
 2076  under s. 218.32 or s. 218.39, to the Legislative Auditing
 2077  Committee for its consideration in determining whether the
 2078  special district should be subject to further state action in
 2079  accordance with s. 11.40(2)(b).
 2080         2. If the written response refers to the reports or
 2081  information requirements listed in s. 189.066(1) 189.419(1), to
 2082  the local general-purpose government or governments for their
 2083  consideration in determining whether the oversight review
 2084  process set forth in s. 189.068 189.428 should be undertaken.
 2085         3. If the written response refers to the reports or
 2086  information required under s. 112.63, to the Department of
 2087  Management Services for its consideration in determining whether
 2088  the special district should be subject to further state action
 2089  in accordance with s. 112.63(4)(d)2.
 2090         (2) Failure of a special district to comply with the
 2091  actuarial and financial reporting requirements under s. 112.63,
 2092  s. 218.32, or s. 218.39 after the procedures of subsection (1)
 2093  are exhausted shall be deemed final action of the special
 2094  district. The actuarial and financial reporting requirements are
 2095  declared to be essential requirements of law. Remedy for
 2096  noncompliance shall be as provided in s. 189.034 or s. 189.035
 2097  by writ of certiorari as set forth in subsection (4).
 2098         (3) Pursuant to s. 11.40(2)(b), the Legislative Auditing
 2099  Committee shall notify the department of those districts that
 2100  fail to file the required reports. If the procedures described
 2101  in subsection (1) have not yet been initiated, the department
 2102  shall initiate such procedures upon receiving the notice from
 2103  the Legislative Auditing Committee. Otherwise, within 60 days
 2104  after receiving such notice, or within 60 days after the
 2105  expiration of the 60-day deadline provided in subsection (1),
 2106  whichever occurs later, the department, notwithstanding the
 2107  provisions of chapter 120, shall file a petition for writ of
 2108  certiorari with the circuit court. Venue for all actions
 2109  pursuant to this subsection is in Leon County. The court shall
 2110  award the prevailing party attorney’s fees and costs unless
 2111  affirmatively waived by all parties. A writ of certiorari shall
 2112  be issued unless a respondent establishes that the notification
 2113  of the Legislative Auditing Committee was issued as a result of
 2114  material error. Proceedings under this subsection are otherwise
 2115  governed by the Rules of Appellate Procedure.
 2116         (4) Pursuant to s. 112.63(4)(d)2., the Department of
 2117  Management Services may notify the department of those special
 2118  districts that have failed to file the required adjustments,
 2119  additional information, or report or statement after the
 2120  procedures of subsection (1) have been exhausted. Within 60 days
 2121  after receiving such notice or within 60 days after the 60-day
 2122  deadline provided in subsection (1), whichever occurs later, the
 2123  department, notwithstanding chapter 120, shall file a petition
 2124  for writ of certiorari with the circuit court. Venue for all
 2125  actions pursuant to this subsection is in Leon County. The court
 2126  shall award the prevailing party attorney’s fees and costs
 2127  unless affirmatively waived by all parties. A writ of certiorari
 2128  shall be issued unless a respondent establishes that the
 2129  notification of the Department of Management Services was issued
 2130  as a result of material error. Proceedings under this subsection
 2131  are otherwise governed by the Rules of Appellate Procedure.
 2132         Section 45. Section 189.4221, Florida Statutes, is
 2133  transferred and renumbered as section 189.053, Florida Statutes.
 2134         Section 46. Section 189.423, Florida Statutes, is
 2135  transferred and renumbered as section 189.054, Florida Statutes.
 2136         Section 47. Section 189.425, Florida Statutes, is
 2137  transferred and renumbered as section 189.017, Florida Statutes.
 2138         Section 48. Section 189.427, Florida Statutes, is
 2139  transferred and renumbered as section 189.018, Florida Statutes,
 2140  and amended to read:
 2141         189.018 189.427 Fee schedule; Operating Grants and
 2142  Donations Trust Fund.—The department of Economic Opportunity, by
 2143  rule, shall establish a schedule of fees to pay one-half of the
 2144  costs incurred by the department in administering this act,
 2145  except that the fee may not exceed $175 per district per year.
 2146  The fees collected under this section shall be deposited in the
 2147  Operating Grants and Donations Trust Fund, which shall be
 2148  administered by the department of Economic Opportunity. Any fee
 2149  rule must consider factors such as the dependent and independent
 2150  status of the district and district revenues for the most recent
 2151  fiscal year as reported to the Department of Financial Services.
 2152  The department may assess fines of not more than $25, with an
 2153  aggregate total not to exceed $50, as penalties against special
 2154  districts that fail to remit required fees to the department. It
 2155  is the intent of the Legislature that general revenue funds will
 2156  be made available to the department to pay one-half of the cost
 2157  of administering this act.
 2158         Section 49. Section 189.428, Florida Statutes, is
 2159  transferred and renumbered as section 189.068, Florida Statutes,
 2160  and amended, to read:
 2161         189.068 189.428 Special districts; oversight review
 2162  process.—
 2163         (1) The Legislature finds it to be in the public interest
 2164  to establish an oversight review process for special districts
 2165  wherein each special district in the state may be reviewed by
 2166  the local general-purpose government in which the district
 2167  exists. The Legislature further finds and determines that such
 2168  law fulfills an important state interest. It is the intent of
 2169  the Legislature that the oversight review process shall
 2170  contribute to informed decisionmaking. These decisions may
 2171  involve the continuing existence or dissolution of a district,
 2172  the appropriate future role and focus of a district,
 2173  improvements in the functioning or delivery of services by a
 2174  district, and the need for any transition, adjustment, or
 2175  special implementation periods or provisions. Any final
 2176  recommendations from the oversight review process that are
 2177  adopted and implemented by the appropriate level of government
 2178  shall not be implemented in a manner that would impair the
 2179  obligation of contracts.
 2180         (2) It is the intent of the Legislature that any oversight
 2181  review process be conducted in conjunction with special district
 2182  public facilities reporting and the local government evaluation
 2183  and appraisal report process described in s. 189.415(2).
 2184         (2)(3)The order in which Special districts are may be
 2185  subject to oversight review shall be determined by the reviewer
 2186  and shall occur as follows:
 2187         (a) All independent special districts created by special
 2188  act of the Legislature may be reviewed by any legislative
 2189  delegation of a county in which the geographical jurisdiction of
 2190  the special district exists.
 2191         (b)(a) All dependent special districts may be reviewed by
 2192  the general-purpose local government to which they are
 2193  dependent.
 2194         (b) All single-county independent special districts may be
 2195  reviewed by a county or municipality in which they are located
 2196  or the government that created the district. Any single-county
 2197  independent district that serves an area greater than the
 2198  boundaries of one general-purpose local government may only be
 2199  reviewed by the county on the county’s own initiative or upon
 2200  receipt of a request from any municipality served by the special
 2201  district.
 2202         (c) All multicounty independent special districts may be
 2203  reviewed by the government that created the district. Any
 2204  general-purpose local governments within the boundaries of a
 2205  multicounty district may prepare a preliminary review of a
 2206  multicounty special district for possible reference or inclusion
 2207  in the full review report.
 2208         (d) Upon request by the reviewer, any special district
 2209  within all or a portion of the same county as the special
 2210  district being reviewed may prepare a preliminary review of the
 2211  district for possible reference or inclusion in the full
 2212  oversight review report.
 2213         (3)(4) All special districts, governmental entities, and
 2214  state agencies shall cooperate with the Legislature and with any
 2215  general-purpose local government seeking information or
 2216  assistance with the oversight review process and with the
 2217  preparation of an oversight review report.
 2218         (4)(5) Those conducting the oversight review process shall,
 2219  at a minimum, consider the listed criteria for evaluating the
 2220  special district, but may also consider any additional factors
 2221  relating to the district and its performance. If any of the
 2222  listed criteria does not apply to the special district being
 2223  reviewed, it need not be considered. The criteria to be
 2224  considered by the reviewer include:
 2225         (a) The degree to which the service or services offered by
 2226  the special district are essential or contribute to the well
 2227  being of the community.
 2228         (b) The extent of continuing need for the service or
 2229  services currently provided by the special district.
 2230         (c) The extent of municipal annexation or incorporation
 2231  activity occurring or likely to occur within the boundaries of
 2232  the special district and its impact on the delivery of services
 2233  by the special district.
 2234         (d) Whether there is a less costly alternative method of
 2235  delivering the service or services that would adequately provide
 2236  the district residents with the services provided by the
 2237  district.
 2238         (e) Whether transfer of the responsibility for delivery of
 2239  the service or services to an entity other than the special
 2240  district being reviewed could be accomplished without
 2241  jeopardizing the district’s existing contracts, bonds, or
 2242  outstanding indebtedness.
 2243         (f) Whether the Auditor General has notified the
 2244  Legislative Auditing Committee that the special district’s audit
 2245  report, reviewed pursuant to s. 11.45(7), indicates that the
 2246  district has met any of the conditions specified in s.
 2247  218.503(1) or that a deteriorating financial condition exists
 2248  that may cause a condition described in s. 218.503(1) to occur
 2249  if actions are not taken to address such condition.
 2250         (g) Whether the district is inactive according to the
 2251  official list of special districts, and whether the district is
 2252  meeting and discharging its responsibilities as required by its
 2253  charter, as well as projected increases or decreases in district
 2254  activity.
 2255         (h) Whether the special district has failed to comply with
 2256  any of the reporting requirements in this chapter, including
 2257  preparation of the public facilities report.
 2258         (i) Whether the special district has designated a
 2259  registered office and agent as required by s. 189.014 189.416,
 2260  and has complied with all open public records and meeting
 2261  requirements.
 2262         (6) Any special district may at any time provide the
 2263  Legislature and the general-purpose local government conducting
 2264  the review or making decisions based upon the final oversight
 2265  review report with written responses to any questions, concerns,
 2266  preliminary reports, draft reports, or final reports relating to
 2267  the district.
 2268         (7) The final report of a reviewing government shall be
 2269  filed with the government that created the district and shall
 2270  serve as the basis for any modification to the district charter
 2271  or dissolution or merger of the district.
 2272         (8) If legislative dissolution or merger of a district is
 2273  proposed in the final report, the reviewing government shall
 2274  also propose a plan for the merger or dissolution, and the plan
 2275  shall address the following factors in evaluating the proposed
 2276  merger or dissolution:
 2277         (a) Whether, in light of independent fiscal analysis,
 2278  level-of-service implications, and other public policy
 2279  considerations, the proposed merger or dissolution is the best
 2280  alternative for delivering services and facilities to the
 2281  affected area.
 2282         (b) Whether the services and facilities to be provided
 2283  pursuant to the merger or dissolution will be compatible with
 2284  the capacity and uses of existing local services and facilities.
 2285         (c) Whether the merger or dissolution is consistent with
 2286  applicable provisions of the state comprehensive plan, the
 2287  strategic regional policy plan, and the local government
 2288  comprehensive plans of the affected area.
 2289         (d) Whether the proposed merger adequately provides for the
 2290  assumption of all indebtedness.
 2291  
 2292  The reviewing government shall consider the report in a public
 2293  hearing held within the jurisdiction of the district. If adopted
 2294  by the governing board of the reviewing government, the request
 2295  for legislative merger or dissolution of the district may
 2296  proceed. The adopted plan shall be filed as an attachment to the
 2297  economic impact statement regarding the proposed special act or
 2298  general act of local application dissolving a district.
 2299         (9) This section does not apply to a deepwater port listed
 2300  in s. 311.09(1) which is in compliance with a port master plan
 2301  adopted pursuant to s. 163.3178(2)(k), or to an airport
 2302  authority operating in compliance with an airport master plan
 2303  approved by the Federal Aviation Administration, or to any
 2304  special district organized to operate health systems and
 2305  facilities licensed under chapter 395, chapter 400, or chapter
 2306  429.
 2307         Section 50. Section 189.429, Florida Statutes, is
 2308  transferred and renumbered as section 189.019, Florida Statutes,
 2309  and subsection (1) of that section is amended, to read:
 2310         189.019 189.429 Codification.—
 2311         (1) Each district, by December 1, 2004, shall submit to the
 2312  Legislature a draft codified charter, at its expense, so that
 2313  its special acts may be codified into a single act for
 2314  reenactment by the Legislature, if there is more than one
 2315  special act for the district. The Legislature may adopt a
 2316  schedule for individual district codification. Any codified act
 2317  relating to a district, which act is submitted to the
 2318  Legislature for reenactment, shall provide for the repeal of all
 2319  prior special acts of the Legislature relating to the district.
 2320  The codified act shall be filed with the department pursuant to
 2321  s. 189.016(2) 189.418(2).
 2322         Section 51. Sections 189.430, 189.431, 189.432, 189.433,
 2323  189.434, 189.435, 189.436, 189.437, 189.438, 189.439, 189.440,
 2324  189.441, 189.442, 189.443, and 189.444, Florida Statutes, are
 2325  repealed.
 2326         Section 52. Section 189.034, Florida Statutes, is created
 2327  to read:
 2328         189.034 Oversight of special districts created by special
 2329  act of the Legislature.—
 2330         (1) If a special district created by special act of the
 2331  Legislature fails to file reports required under ss. 218.32 and
 2332  218.39 with the appropriate state agency, the Legislative
 2333  Auditing Committee or its designee shall provide written notice
 2334  of the district’s noncompliance to the chair of the county
 2335  legislative delegation in which the geographical boundaries of
 2336  the jurisdiction of the special district are located or, if the
 2337  jurisdiction of the special district extends beyond the
 2338  boundaries of a single county, to the chairs of the county
 2339  legislative delegation for each county in which the district has
 2340  jurisdiction.
 2341         (2) The chair of the county legislative delegation shall
 2342  convene a public hearing on the issue of noncompliance within 6
 2343  months after receipt of notice of noncompliance from the
 2344  Legislative Auditing Committee.
 2345         (3) Before the public hearing regarding the special
 2346  district’s noncompliance, the county legislative delegation may
 2347  request the following information from the special district:
 2348         (a) The district’s annual financial report for the previous
 2349  fiscal year.
 2350         (b) The district’s audit report for the previous fiscal
 2351  year.
 2352         (c) An annual report for the previous fiscal year providing
 2353  a detailed review of the performance of the special district,
 2354  which must include the following information:
 2355         1. The mission of the special district.
 2356         2. The sources of funding for the special district.
 2357         3. A description of the major activities, programs, and
 2358  initiatives the special district undertook in the most recently
 2359  completed fiscal year and the benchmarks or criteria under which
 2360  the success or failure of the district was determined by its
 2361  governing body.
 2362         4. Any challenges or obstacles faced by the special
 2363  district in fulfilling its mission and related responsibilities.
 2364         5. Ways the special district believes it could better
 2365  fulfill its mission and related responsibilities and a
 2366  description of the actions that it intends to take during the
 2367  ensuing fiscal year.
 2368         6. Proposed changes to the special act that established the
 2369  special district and justification for such changes.
 2370         7. Any other information reasonably required to provide the
 2371  legislative delegation with an accurate understanding of the
 2372  purpose for which the special district exists and how it is
 2373  fulfilling its responsibilities to accomplish that purpose.
 2374         8. Any reasons for the district’s noncompliance.
 2375         9. Whether the district is currently in compliance.
 2376         10. Plans to correct any recurring issues of noncompliance.
 2377         11. Efforts to promote transparency, including maintenance
 2378  of the district’s website in accordance with s. 189.069.
 2379         Section 53. Section 189.035, Florida Statutes, is created
 2380  to read:
 2381         189.035 Oversight of special districts created by local
 2382  ordinance.—
 2383         (1) If a special district created by local ordinance fails
 2384  to file reports required under ss. 218.32 and 218.39 with the
 2385  appropriate state agency, the Legislative Auditing Committee or
 2386  its designee shall provide written notice of the district’s
 2387  noncompliance to the chair or equivalent of the local general
 2388  purpose government.
 2389         (2) The chair or equivalent of the local general-purpose
 2390  government shall convene a public hearing on the issue of
 2391  noncompliance within 6 months after receipt of notice of
 2392  noncompliance from the Legislative Auditing Committee.
 2393         (3) Before the public hearing regarding the special
 2394  district’s noncompliance, the local general-purpose government
 2395  may request the following information from the special district:
 2396         (a) The district’s annual financial report for the previous
 2397  fiscal year.
 2398         (b) The district’s audit report for the previous fiscal
 2399  year.
 2400         (c) An annual report for the previous fiscal year, which
 2401  must provide a detailed review of the performance of the special
 2402  district and include the following information:
 2403         1. The mission of the special district.
 2404         2. The sources of funding for the special district.
 2405         3. A description of the major activities, programs, and
 2406  initiatives the special district undertook in the most recently
 2407  completed fiscal year and the benchmarks or criteria under which
 2408  the success or failure of the district was determined by its
 2409  governing body.
 2410         4. Any challenges or obstacles faced by the special
 2411  district in fulfilling its mission and related responsibilities.
 2412         5. Ways the special district believes it could better
 2413  fulfill its mission and related responsibilities and a
 2414  description of the actions that it intends to take during the
 2415  ensuing fiscal year.
 2416         6. Proposed changes to the special act that established the
 2417  special district and justification for such changes.
 2418         7. Any other information reasonably required to provide the
 2419  legislative delegations with an accurate understanding of the
 2420  purpose for which the special district exists and how it is
 2421  fulfilling its responsibilities to accomplish that purpose.
 2422         8. Any reasons for the district’s noncompliance.
 2423         9. Whether the district is currently in compliance.
 2424         10. Plans to correct any recurring issues of noncompliance.
 2425         11. Efforts to promote transparency, including maintenance
 2426  of the district’s website in accordance with s. 189.069.
 2427         Section 54. Section 189.055, Florida Statutes, is created
 2428  to read:
 2429         189.055 Treatment of special districts.—For the purpose of
 2430  s. 196.199(1), special districts shall be treated as
 2431  municipalities.
 2432         Section 55. Section 189.069, Florida Statutes, is created
 2433  to read:
 2434         189.069 Special districts; required reporting of
 2435  information; web-based public access.—
 2436         (1) Beginning on July 1, 2015, for each fiscal year, all
 2437  special districts shall annually update and maintain on their
 2438  respective official Internet websites the information required
 2439  by this section in accordance with s. 189.016. All special
 2440  districts shall submit their official Internet website addresses
 2441  to the department.
 2442         (a) A special district shall post the following
 2443  information, at a minimum, on the district’s official website:
 2444         1. The full legal name of the special district.
 2445         2. The public purpose of the special district.
 2446         3. The name, address, e-mail address, and, if applicable,
 2447  the term and appointing authority for each member of the
 2448  governing body of the special district.
 2449         4. The fiscal year of the special district.
 2450         5. The full text of the special district’s charter, the
 2451  date the special district was established, the entity that
 2452  established the special district, and the statute or statutes
 2453  under which the special district operates, if different from the
 2454  statute or statutes under which the special district was
 2455  established.
 2456         6. The mailing address, e-mail address, telephone number,
 2457  and Internet website uniform resource locator of the special
 2458  district.
 2459         7. A description of the boundaries or service area of, and
 2460  the services provided by, the special district.
 2461         8. A listing of all taxes, fees, or charges imposed and
 2462  collected by the special district, including the rates or
 2463  amounts charged for the fiscal year and the statutory authority
 2464  for the levy of the tax, fee, or charge.
 2465         9. The primary contact information for the special district
 2466  for purposes of communication from the department.
 2467         10. The code of ethics that applies to the special
 2468  district, and whether the special district has adopted
 2469  additional ethics provisions.
 2470         11. A listing of all federal, state, and local entities
 2471  that have oversight authority over the special district or to
 2472  which the special district submits reports, data, or
 2473  information.
 2474         12. The most recent adopted budget of the special district.
 2475         13. After the end of each fiscal year, a comparison of the
 2476  budget to actual revenues and expenditures for each fiscal year.
 2477         14. Any completed audit reports for the most recent
 2478  completed fiscal year, and audit reports required by law or
 2479  authorized by the governing body of the special district.
 2480         15. Any other financial and administrative information
 2481  required by the department.
 2482         (b) The department’s Internet website list of special
 2483  districts in the state required under s. 189.061 must include a
 2484  link to the website of each special district that provides web
 2485  based access to the public to the information and documents
 2486  required under paragraph (a).
 2487         Section 56. Section 189.0691, Florida Statutes, is created
 2488  to read:
 2489         189.0691 Suspension of special district governing body
 2490  members.—If a special district violates the requirements of this
 2491  chapter, the department shall report such violations, and
 2492  provide all appropriate proof of the violations, to the
 2493  Governor, who may take action against the governing body members
 2494  of the special district as authorized in s. 112.51.
 2495         Section 57. Paragraph (e) of subsection (1) and paragraph
 2496  (c) of subsection (7) of section 11.45, Florida Statutes, are
 2497  amended to read:
 2498         11.45 Definitions; duties; authorities; reports; rules.—
 2499         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
 2500         (e) “Local governmental entity” means a county agency,
 2501  municipality, or special district as defined in s. 189.012
 2502  189.403, but does not include any housing authority established
 2503  under chapter 421.
 2504         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2505         (c) The Auditor General shall provide annually a list of
 2506  those special districts which are not in compliance with s.
 2507  218.39 to the Special District Accountability Information
 2508  Program of the Department of Economic Opportunity.
 2509         Section 58. Paragraph (c) of subsection (4) of section
 2510  100.011, Florida Statutes, is amended to read:
 2511         100.011 Opening and closing of polls, all elections;
 2512  expenses.—
 2513         (4)
 2514         (c) The provisions of any special law to the contrary
 2515  notwithstanding, all independent and dependent special district
 2516  elections, with the exception of community development district
 2517  elections, shall be conducted in accordance with the
 2518  requirements of ss. 189.04 and 189.041 189.405 and 189.4051.
 2519         Section 59. Paragraph (f) of subsection (1) of section
 2520  101.657, Florida Statutes, is amended to read:
 2521         101.657 Early voting.—
 2522         (1)
 2523         (f) Notwithstanding the requirements of s. 189.04 189.405,
 2524  special districts may provide early voting in any district
 2525  election not held in conjunction with county or state elections.
 2526  If a special district provides early voting, it may designate as
 2527  many sites as necessary and shall conduct its activities in
 2528  accordance with the provisions of paragraphs (a)-(c). The
 2529  supervisor is not required to conduct early voting if it is
 2530  provided pursuant to this subsection.
 2531         Section 60. Paragraph (a) of subsection (14) of section
 2532  112.061, Florida Statutes, is amended to read:
 2533         112.061 Per diem and travel expenses of public officers,
 2534  employees, and authorized persons.—
 2535         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
 2536  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
 2537  ORGANIZATIONS.—
 2538         (a) The following entities may establish rates that vary
 2539  from the per diem rate provided in paragraph (6)(a), the
 2540  subsistence rates provided in paragraph (6)(b), or the mileage
 2541  rate provided in paragraph (7)(d) if those rates are not less
 2542  than the statutorily established rates that are in effect for
 2543  the 2005-2006 fiscal year:
 2544         1. The governing body of a county by the enactment of an
 2545  ordinance or resolution;
 2546         2. A county constitutional officer, pursuant to s. 1(d),
 2547  Art. VIII of the State Constitution, by the establishment of
 2548  written policy;
 2549         3. The governing body of a district school board by the
 2550  adoption of rules;
 2551         4. The governing body of a special district, as defined in
 2552  s. 189.012 189.403(1), except those special districts that are
 2553  subject to s. 166.021(9), by the enactment of a resolution; or
 2554         5. Any metropolitan planning organization created pursuant
 2555  to s. 339.175 or any other separate legal or administrative
 2556  entity created pursuant to s. 339.175 of which a metropolitan
 2557  planning organization is a member, by the enactment of a
 2558  resolution.
 2559         Section 61. Paragraph (d) of subsection (4) of section
 2560  112.63, Florida Statutes, is amended to read:
 2561         112.63 Actuarial reports and statements of actuarial
 2562  impact; review.—
 2563         (4) Upon receipt, pursuant to subsection (2), of an
 2564  actuarial report, or, pursuant to subsection (3), of a statement
 2565  of actuarial impact, the Department of Management Services shall
 2566  acknowledge such receipt, but shall only review and comment on
 2567  each retirement system’s or plan’s actuarial valuations at least
 2568  on a triennial basis.
 2569         (d) In the case of an affected special district, the
 2570  Department of Management Services shall also notify the
 2571  Department of Economic Opportunity. Upon receipt of
 2572  notification, the Department of Economic Opportunity shall
 2573  proceed pursuant to s. 189.067 189.421.
 2574         1. Failure of a special district to provide a required
 2575  report or statement, to make appropriate adjustments, or to
 2576  provide additional material information after the procedures
 2577  specified in s. 189.067(1) 189.421(1) are exhausted shall be
 2578  deemed final action by the special district.
 2579         2. The Department of Management Services may notify the
 2580  Department of Economic Opportunity of those special districts
 2581  that failed to come into compliance. Upon receipt of
 2582  notification, the Department of Economic Opportunity shall
 2583  proceed pursuant to s. 189.067(4) 189.421(4).
 2584         Section 62. Subsection (1) of section 112.665, Florida
 2585  Statutes, is amended to read:
 2586         112.665 Duties of Department of Management Services.—
 2587         (1) The Department of Management Services shall:
 2588         (a) Gather, catalog, and maintain complete, computerized
 2589  data information on all public employee retirement systems or
 2590  plans in the state based upon a review of audits, reports, and
 2591  other data pertaining to the systems or plans;
 2592         (b) Receive and comment upon all actuarial reviews of
 2593  retirement systems or plans maintained by units of local
 2594  government;
 2595         (c) Cooperate with local retirement systems or plans on
 2596  matters of mutual concern and provide technical assistance to
 2597  units of local government in the assessment and revision of
 2598  retirement systems or plans;
 2599         (d) Annually issue, by January 1, a report to the President
 2600  of the Senate and the Speaker of the House of Representatives,
 2601  which details division activities, findings, and recommendations
 2602  concerning all governmental retirement systems. The report may
 2603  include legislation proposed to carry out such recommendations;
 2604         (e) Provide a fact sheet for each participating local
 2605  government defined benefit pension plan which summarizes the
 2606  plan’s actuarial status. The fact sheet should provide a summary
 2607  of the plan’s most current actuarial data, minimum funding
 2608  requirements as a percentage of pay, and a 5-year history of
 2609  funded ratios. The fact sheet must include a brief explanation
 2610  of each element in order to maximize the transparency of the
 2611  local government plans. The fact sheet must also contain the
 2612  information specified in s. 112.664(1). These documents shall be
 2613  posted on the department’s website. Plan sponsors that have
 2614  websites must provide a link to the department’s website;
 2615         (f) Annually issue, by January 1, a report to the Special
 2616  District Accountability Information Program of the Department of
 2617  Economic Opportunity which includes the participation in and
 2618  compliance of special districts with the local government
 2619  retirement system provisions in s. 112.63 and the state
 2620  administered retirement system provisions specified in part I of
 2621  chapter 121; and
 2622         (g) Adopt reasonable rules to administer this part.
 2623         Section 63. Subsection (9) of section 121.021, Florida
 2624  Statutes, is amended to read:
 2625         121.021 Definitions.—The following words and phrases as
 2626  used in this chapter have the respective meanings set forth
 2627  unless a different meaning is plainly required by the context:
 2628         (9) “Special district” means an independent special
 2629  district as defined in s. 189.012 189.403(3).
 2630         Section 64. Paragraph (b) of subsection (2) of section
 2631  121.051, Florida Statutes, is amended to read:
 2632         121.051 Participation in the system.—
 2633         (2) OPTIONAL PARTICIPATION.—
 2634         (b)1. The governing body of any municipality, metropolitan
 2635  planning organization, or special district in the state may
 2636  elect to participate in the Florida Retirement System upon
 2637  proper application to the administrator and may cover all of its
 2638  units as approved by the Secretary of Health and Human Services
 2639  and the administrator. The department shall adopt rules
 2640  establishing procedures for the submission of documents
 2641  necessary for such application. Before being approved for
 2642  participation in the system, the governing body of a
 2643  municipality, metropolitan planning organization, or special
 2644  district that has a local retirement system must submit to the
 2645  administrator a certified financial statement showing the
 2646  condition of the local retirement system within 3 months before
 2647  the proposed effective date of membership in the Florida
 2648  Retirement System. The statement must be certified by a
 2649  recognized accounting firm that is independent of the local
 2650  retirement system. All required documents necessary for
 2651  extending Florida Retirement System coverage must be received by
 2652  the department for consideration at least 15 days before the
 2653  proposed effective date of coverage. If the municipality,
 2654  metropolitan planning organization, or special district does not
 2655  comply with this requirement, the department may require that
 2656  the effective date of coverage be changed.
 2657         2. A municipality, metropolitan planning organization, or
 2658  special district that has an existing retirement system covering
 2659  the employees in the units that are to be brought under the
 2660  Florida Retirement System may participate only after holding a
 2661  referendum in which all employees in the affected units have the
 2662  right to participate. Only those employees electing coverage
 2663  under the Florida Retirement System by affirmative vote in the
 2664  referendum are eligible for coverage under this chapter, and
 2665  those not participating or electing not to be covered by the
 2666  Florida Retirement System shall remain in their present systems
 2667  and are not eligible for coverage under this chapter. After the
 2668  referendum is held, all future employees are compulsory members
 2669  of the Florida Retirement System.
 2670         3. At the time of joining the Florida Retirement System,
 2671  the governing body of a municipality, metropolitan planning
 2672  organization, or special district complying with subparagraph 1.
 2673  may elect to provide, or not provide, benefits based on past
 2674  service of officers and employees as described in s. 121.081(1).
 2675  However, if such employer elects to provide past service
 2676  benefits, such benefits must be provided for all officers and
 2677  employees of its covered group.
 2678         4. Once this election is made and approved it may not be
 2679  revoked, except pursuant to subparagraphs 5. and 6., and all
 2680  present officers and employees electing coverage and all future
 2681  officers and employees are compulsory members of the Florida
 2682  Retirement System.
 2683         5. Subject to subparagraph 6., the governing body of a
 2684  hospital licensed under chapter 395 which is governed by the
 2685  governing body board of a special district as defined in s.
 2686  189.012 189.403 or by the board of trustees of a public health
 2687  trust created under s. 154.07, hereinafter referred to as
 2688  “hospital district,” and which participates in the Florida
 2689  Retirement System, may elect to cease participation in the
 2690  system with regard to future employees in accordance with the
 2691  following:
 2692         a. No more than 30 days and at least 7 days before adopting
 2693  a resolution to partially withdraw from the system and establish
 2694  an alternative retirement plan for future employees, a public
 2695  hearing must be held on the proposed withdrawal and proposed
 2696  alternative plan.
 2697         b. From 7 to 15 days before such hearing, notice of intent
 2698  to withdraw, specifying the time and place of the hearing, must
 2699  be provided in writing to employees of the hospital district
 2700  proposing partial withdrawal and must be published in a
 2701  newspaper of general circulation in the area affected, as
 2702  provided by ss. 50.011-50.031. Proof of publication must be
 2703  submitted to the Department of Management Services.
 2704         c. The governing body of a hospital district seeking to
 2705  partially withdraw from the system must, before such hearing,
 2706  have an actuarial report prepared and certified by an enrolled
 2707  actuary, as defined in s. 112.625, illustrating the cost to the
 2708  hospital district of providing, through the retirement plan that
 2709  the hospital district is to adopt, benefits for new employees
 2710  comparable to those provided under the system.
 2711         d. Upon meeting all applicable requirements of this
 2712  subparagraph, and subject to subparagraph 6., partial withdrawal
 2713  from the system and adoption of the alternative retirement plan
 2714  may be accomplished by resolution duly adopted by the hospital
 2715  district board. The hospital district board must provide written
 2716  notice of such withdrawal to the division by mailing a copy of
 2717  the resolution to the division, postmarked by December 15, 1995.
 2718  The withdrawal shall take effect January 1, 1996.
 2719         6. Following the adoption of a resolution under sub
 2720  subparagraph 5.d., all employees of the withdrawing hospital
 2721  district who were members of the system before January 1, 1996,
 2722  shall remain as members of the system for as long as they are
 2723  employees of the hospital district, and all rights, duties, and
 2724  obligations between the hospital district, the system, and the
 2725  employees remain in full force and effect. Any employee who is
 2726  hired or appointed on or after January 1, 1996, may not
 2727  participate in the system, and the withdrawing hospital district
 2728  has no obligation to the system with respect to such employees.
 2729         Section 65. Subsections (1), (4), and (6) of section
 2730  125.901, Florida Statutes, are amended to read:
 2731         125.901 Children’s services; independent special district;
 2732  council; powers, duties, and functions; public records
 2733  exemption.—
 2734         (1) Each county may by ordinance create an independent
 2735  special district, as defined in ss. 189.012 189.403(3) and
 2736  200.001(8)(e), to provide funding for children’s services
 2737  throughout the county in accordance with this section. The
 2738  boundaries of such district shall be coterminous with the
 2739  boundaries of the county. The county governing body shall obtain
 2740  approval, by a majority vote of those electors voting on the
 2741  question, to annually levy ad valorem taxes which shall not
 2742  exceed the maximum millage rate authorized by this section. Any
 2743  district created pursuant to the provisions of this subsection
 2744  shall be required to levy and fix millage subject to the
 2745  provisions of s. 200.065. Once such millage is approved by the
 2746  electorate, the district shall not be required to seek approval
 2747  of the electorate in future years to levy the previously
 2748  approved millage.
 2749         (a) The governing body board of the district shall be a
 2750  council on children’s services, which may also be known as a
 2751  juvenile welfare board or similar name as established in the
 2752  ordinance by the county governing body. Such council shall
 2753  consist of 10 members, including: the superintendent of schools;
 2754  a local school board member; the district administrator from the
 2755  appropriate district of the Department of Children and Family
 2756  Services, or his or her designee who is a member of the Senior
 2757  Management Service or of the Selected Exempt Service; one member
 2758  of the county governing body; and the judge assigned to juvenile
 2759  cases who shall sit as a voting member of the board, except that
 2760  said judge shall not vote or participate in the setting of ad
 2761  valorem taxes under this section. If there is more than one
 2762  judge assigned to juvenile cases in a county, the chief judge
 2763  shall designate one of said juvenile judges to serve on the
 2764  board. The remaining five members shall be appointed by the
 2765  Governor, and shall, to the extent possible, represent the
 2766  demographic diversity of the population of the county. After
 2767  soliciting recommendations from the public, the county governing
 2768  body shall submit to the Governor the names of at least three
 2769  persons for each vacancy occurring among the five members
 2770  appointed by the Governor, and the Governor shall appoint
 2771  members to the council from the candidates nominated by the
 2772  county governing body. The Governor shall make a selection
 2773  within a 45-day period or request a new list of candidates. All
 2774  members appointed by the Governor shall have been residents of
 2775  the county for the previous 24-month period. Such members shall
 2776  be appointed for 4-year terms, except that the length of the
 2777  terms of the initial appointees shall be adjusted to stagger the
 2778  terms. The Governor may remove a member for cause or upon the
 2779  written petition of the county governing body. If any of the
 2780  members of the council required to be appointed by the Governor
 2781  under the provisions of this subsection shall resign, die, or be
 2782  removed from office, the vacancy thereby created shall, as soon
 2783  as practicable, be filled by appointment by the Governor, using
 2784  the same method as the original appointment, and such
 2785  appointment to fill a vacancy shall be for the unexpired term of
 2786  the person who resigns, dies, or is removed from office.
 2787         (b) However, any county as defined in s. 125.011(1) may
 2788  instead have a governing body board consisting of 33 members,
 2789  including: the superintendent of schools; two representatives of
 2790  public postsecondary education institutions located in the
 2791  county; the county manager or the equivalent county officer; the
 2792  district administrator from the appropriate district of the
 2793  Department of Children and Family Services, or the
 2794  administrator’s designee who is a member of the Senior
 2795  Management Service or the Selected Exempt Service; the director
 2796  of the county health department or the director’s designee; the
 2797  state attorney for the county or the state attorney’s designee;
 2798  the chief judge assigned to juvenile cases, or another juvenile
 2799  judge who is the chief judge’s designee and who shall sit as a
 2800  voting member of the board, except that the judge may not vote
 2801  or participate in setting ad valorem taxes under this section;
 2802  an individual who is selected by the board of the local United
 2803  Way or its equivalent; a member of a locally recognized faith
 2804  based coalition, selected by that coalition; a member of the
 2805  local chamber of commerce, selected by that chamber or, if more
 2806  than one chamber exists within the county, a person selected by
 2807  a coalition of the local chambers; a member of the early
 2808  learning coalition, selected by that coalition; a representative
 2809  of a labor organization or union active in the county; a member
 2810  of a local alliance or coalition engaged in cross-system
 2811  planning for health and social service delivery in the county,
 2812  selected by that alliance or coalition; a member of the local
 2813  Parent-Teachers Association/Parent-Teacher-Student Association,
 2814  selected by that association; a youth representative selected by
 2815  the local school system’s student government; a local school
 2816  board member appointed by the chair of the school board; the
 2817  mayor of the county or the mayor’s designee; one member of the
 2818  county governing body, appointed by the chair of that body; a
 2819  member of the state Legislature who represents residents of the
 2820  county, selected by the chair of the local legislative
 2821  delegation; an elected official representing the residents of a
 2822  municipality in the county, selected by the county municipal
 2823  league; and 4 members-at-large, appointed to the council by the
 2824  majority of sitting council members. The remaining 7 members
 2825  shall be appointed by the Governor in accordance with procedures
 2826  set forth in paragraph (a), except that the Governor may remove
 2827  a member for cause or upon the written petition of the council.
 2828  Appointments by the Governor must, to the extent reasonably
 2829  possible, represent the geographic and demographic diversity of
 2830  the population of the county. Members who are appointed to the
 2831  council by reason of their position are not subject to the
 2832  length of terms and limits on consecutive terms as provided in
 2833  this section. The remaining appointed members of the governing
 2834  board shall be appointed to serve 2-year terms, except that
 2835  those members appointed by the Governor shall be appointed to
 2836  serve 4-year terms, and the youth representative and the
 2837  legislative delegate shall be appointed to serve 1-year terms. A
 2838  member may be reappointed; however, a member may not serve for
 2839  more than three consecutive terms. A member is eligible to be
 2840  appointed again after a 2-year hiatus from the council.
 2841         (c) This subsection does not prohibit a county from
 2842  exercising such power as is provided by general or special law
 2843  to provide children’s services or to create a special district
 2844  to provide such services.
 2845         (4)(a) Any district created pursuant to this section may be
 2846  dissolved by a special act of the Legislature, or the county
 2847  governing body may by ordinance dissolve the district subject to
 2848  the approval of the electorate.
 2849         (b)1.a. Notwithstanding paragraph (a), the governing body
 2850  of the county shall submit the question of retention or
 2851  dissolution of a district with voter-approved taxing authority
 2852  to the electorate in the general election according to the
 2853  following schedule:
 2854  (I) For a district in existence on July 1, 2010, and serving a
 2855  county with a population of 400,000 or fewer persons as of that
 2856  date.......................................................2014.
 2857  (II) For a district in existence on July 1, 2010, and serving a
 2858  county with a population of more than 400,000 but fewer than 2
 2859  million persons as of
 2860  that date..................................................2016.
 2861  (III) For a district in existence on July 1, 2010, and serving a
 2862  county with a population of 2 million or more persons as of that
 2863  date.......................................................2020.
 2864         b. A referendum by the electorate on or after July 1, 2010,
 2865  creating a new district with taxing authority may specify that
 2866  the district is not subject to reauthorization or may specify
 2867  the number of years for which the initial authorization shall
 2868  remain effective. If the referendum does not prescribe terms of
 2869  reauthorization, the governing body of the county shall submit
 2870  the question of retention or dissolution of the district to the
 2871  electorate in the general election 12 years after the initial
 2872  authorization.
 2873         2. The governing body board of the district may specify,
 2874  and submit to the governing body of the county no later than 9
 2875  months before the scheduled election, that the district is not
 2876  subsequently subject to reauthorization or may specify the
 2877  number of years for which a reauthorization under this paragraph
 2878  shall remain effective. If the governing board of the district
 2879  makes such specification and submission, the governing body of
 2880  the county shall include that information in the question
 2881  submitted to the electorate. If the governing board of the
 2882  district does not specify and submit such information, the
 2883  governing body of the county shall resubmit the question of
 2884  reauthorization to the electorate every 12 years after the year
 2885  prescribed in subparagraph 1. The governing board of the
 2886  district may recommend to the governing body of the county
 2887  language for the question submitted to the electorate.
 2888         3. Nothing in this paragraph limits the authority to
 2889  dissolve a district as provided under paragraph (a).
 2890         4. Nothing in this paragraph precludes the governing board
 2891  of a district from requesting that the governing body of the
 2892  county submit the question of retention or dissolution of a
 2893  district with voter-approved taxing authority to the electorate
 2894  at a date earlier than the year prescribed in subparagraph 1. If
 2895  the governing body of the county accepts the request and submits
 2896  the question to the electorate, the governing body satisfies the
 2897  requirement of that subparagraph.
 2898  
 2899  If any district is dissolved pursuant to this subsection, each
 2900  county must first obligate itself to assume the debts,
 2901  liabilities, contracts, and outstanding obligations of the
 2902  district within the total millage available to the county
 2903  governing body for all county and municipal purposes as provided
 2904  for under s. 9, Art. VII of the State Constitution. Any district
 2905  may also be dissolved pursuant to s. part VII of chapter 189
 2906  189.4042.
 2907         (6) Any district created pursuant to the provisions of this
 2908  section shall comply with all other statutory requirements of
 2909  general application which relate to the filing of any financial
 2910  reports or compliance reports required under part III of chapter
 2911  218, or any other report or documentation required by law,
 2912  including the requirements of ss. 189.08, 189.015, and 189.016
 2913  189.415, 189.417, and 189.418.
 2914         Section 66. Subsection (1) of section 153.94, Florida
 2915  Statutes, is amended to read:
 2916         153.94 Applicability of other laws.—Except as expressly
 2917  provided in this act:
 2918         (1) With respect to any wastewater facility privatization
 2919  contract entered into under this act, a public entity is subject
 2920  to s. 125.3401, s. 180.301, s. 189.054 189.423, or s. 190.0125
 2921  but is not subject to the requirements of chapter 287.
 2922         Section 67. Paragraph (a) of subsection (2) of section
 2923  163.08, Florida Statutes, is amended to read:
 2924         163.08 Supplemental authority for improvements to real
 2925  property.—
 2926         (2) As used in this section, the term:
 2927         (a) “Local government” means a county, a municipality, a
 2928  dependent special district as defined in s. 189.012 189.403, or
 2929  a separate legal entity created pursuant to s. 163.01(7).
 2930         Section 68. Subsection (7) of section 165.031, Florida
 2931  Statutes, is amended to read:
 2932         165.031 Definitions.—The following terms and phrases, when
 2933  used in this chapter, shall have the meanings ascribed to them
 2934  in this section, except where the context clearly indicates a
 2935  different meaning:
 2936         (7) “Special district” means a local unit of special
 2937  government, as defined in s. 189.012 189.403(1). This term
 2938  includes dependent special districts, as defined in s. 189.012
 2939  189.403(2), and independent special districts, as defined in s.
 2940  189.012 189.403(3). All provisions of s. 200.001(8)(d) and (e)
 2941  shall be considered provisions of this chapter.
 2942         Section 69. Paragraph (b) of subsection (1) and subsections
 2943  (8) and (16) of section 165.0615, Florida Statutes, are amended
 2944  to read:
 2945         165.0615 Municipal conversion of independent special
 2946  districts upon elector-initiated and approved referendum.—
 2947         (1) The qualified electors of an independent special
 2948  district may commence a municipal conversion proceeding by
 2949  filing a petition with the governing body of the independent
 2950  special district proposed to be converted if the district meets
 2951  all of the following criteria:
 2952         (b) It is designated as an improvement district and created
 2953  pursuant to chapter 298 or is designated as a stewardship
 2954  district and created pursuant to s. 189.031 189.404.
 2955         (8) Notice of the final public hearing on the proposed
 2956  elector-initiated combined municipal incorporation plan must be
 2957  published pursuant to the notice requirements in s. 189.015
 2958  189.417 and must provide a descriptive summary of the elector
 2959  initiated municipal incorporation plan and a reference to the
 2960  public places within the independent special district where a
 2961  copy of the plan may be examined.
 2962         (16) If the incorporation plan is approved by a majority of
 2963  the votes cast in the independent special district, the district
 2964  shall notify the special district accountability information
 2965  program pursuant to s. 189.016(2) 189.418(2) and the local
 2966  general-purpose governments in which any part of the independent
 2967  special district is situated pursuant to s. 189.016(7)
 2968  189.418(7).
 2969         Section 70. Subsection (3) of section 171.202, Florida
 2970  Statutes, is amended to read:
 2971         171.202 Definitions.—As used in this part, the term:
 2972         (3) “Independent special district” means an independent
 2973  special district, as defined in s. 189.012 189.403, which
 2974  provides fire, emergency medical, water, wastewater, or
 2975  stormwater services.
 2976         Section 71. Subsection (16) of section 175.032, Florida
 2977  Statutes, is amended to read:
 2978         175.032 Definitions.—For any municipality, special fire
 2979  control district, chapter plan, local law municipality, local
 2980  law special fire control district, or local law plan under this
 2981  chapter, the following words and phrases have the following
 2982  meanings:
 2983         (16) “Special fire control district” means a special
 2984  district, as defined in s. 189.012 189.403(1), established for
 2985  the purposes of extinguishing fires, protecting life, and
 2986  protecting property within the incorporated or unincorporated
 2987  portions of any county or combination of counties, or within any
 2988  combination of incorporated and unincorporated portions of any
 2989  county or combination of counties. The term does not include any
 2990  dependent or independent special district, as defined in s.
 2991  189.012 189.403(2) and (3), respectively, the employees of which
 2992  are members of the Florida Retirement System pursuant to s.
 2993  121.051(1) or (2).
 2994         Section 72. Subsection (6) of section 190.011, Florida
 2995  Statutes, is amended to read:
 2996         190.011 General powers.—The district shall have, and the
 2997  board may exercise, the following powers:
 2998         (6) To maintain an office at such place or places as it may
 2999  designate within a county in which the district is located or
 3000  within the boundaries of a development of regional impact or a
 3001  Florida Quality Development, or a combination of a development
 3002  of regional impact and a Florida Quality Development, which
 3003  includes the district, which office must be reasonably
 3004  accessible to the landowners. Meetings pursuant to s. 189.015(3)
 3005  189.417(3) of a district within the boundaries of a development
 3006  of regional impact or Florida Quality Development, or a
 3007  combination of a development of regional impact and a Florida
 3008  Quality Development, may be held at such office.
 3009         Section 73. Subsection (8) of section 190.046, Florida
 3010  Statutes, is amended to read:
 3011         190.046 Termination, contraction, or expansion of
 3012  district.—
 3013         (8) In the event the district has become inactive pursuant
 3014  to s. 189.062 189.4044, the respective board of county
 3015  commissioners or city commission shall be informed and it shall
 3016  take appropriate action.
 3017         Section 74. Section 190.049, Florida Statutes, is amended
 3018  to read:
 3019         190.049 Special acts prohibited.—Pursuant to s. 11(a)(21),
 3020  Art. III of the State Constitution, there shall be no special
 3021  law or general law of local application creating an independent
 3022  special district which has the powers enumerated in two or more
 3023  of the paragraphs contained in s. 190.012, unless such district
 3024  is created pursuant to the provisions of s. 189.031 189.404.
 3025         Section 75. Subsection (5) of section 191.003, Florida
 3026  Statutes, is amended to read:
 3027         191.003 Definitions.—As used in this act:
 3028         (5) “Independent special fire control district” means an
 3029  independent special district as defined in s. 189.012 189.403,
 3030  created by special law or general law of local application,
 3031  providing fire suppression and related activities within the
 3032  jurisdictional boundaries of the district. The term does not
 3033  include a municipality, a county, a dependent special district
 3034  as defined in s. 189.012 189.403, a district providing primarily
 3035  emergency medical services, a community development district
 3036  established under chapter 190, or any other multiple-power
 3037  district performing fire suppression and related services in
 3038  addition to other services.
 3039         Section 76. Paragraph (a) of subsection (1) and subsection
 3040  (8) of section 191.005, Florida Statutes, are amended to read:
 3041         191.005 District boards of commissioners; membership,
 3042  officers, meetings.—
 3043         (1)(a) With the exception of districts whose governing
 3044  boards are appointed collectively by the Governor, the county
 3045  commission, and any cooperating city within the county, the
 3046  business affairs of each district shall be conducted and
 3047  administered by a five-member board. All three-member boards
 3048  existing on the effective date of this act shall be converted to
 3049  five-member boards, except those permitted to continue as a
 3050  three-member board by special act adopted in 1997 or thereafter.
 3051  The board shall be elected in nonpartisan elections by the
 3052  electors of the district. Except as provided in this act, such
 3053  elections shall be held at the time and in the manner prescribed
 3054  by law for holding general elections in accordance with s.
 3055  189.04(2)(a) 189.405(2)(a) and (3), and each member shall be
 3056  elected for a term of 4 years and serve until the member’s
 3057  successor assumes office. Candidates for the board of a district
 3058  shall qualify as directed by chapter 99.
 3059         (8) All meetings of the board shall be open to the public
 3060  consistent with chapter 286, s. 189.015 189.417, and other
 3061  applicable general laws.
 3062         Section 77. Subsection (2) of section 191.013, Florida
 3063  Statutes, is amended to read:
 3064         191.013 Intergovernmental coordination.—
 3065         (2) Each independent special fire control district shall
 3066  adopt a 5-year plan to identify the facilities, equipment,
 3067  personnel, and revenue needed by the district during that 5-year
 3068  period. The plan shall be updated in accordance with s. 189.08
 3069  189.415 and shall satisfy the requirement for a public
 3070  facilities report required by s. 189.08(2) 189.415(2).
 3071         Section 78. Subsection (1) of section 191.014, Florida
 3072  Statutes, is amended to read:
 3073         191.014 District creation and expansion.—
 3074         (1) New districts may be created only by the Legislature
 3075  under s. 189.031 189.404.
 3076         Section 79. Section 191.015, Florida Statutes, is amended
 3077  to read:
 3078         191.015 Codification.—Each fire control district existing
 3079  on the effective date of this section, by December 1, 2004,
 3080  shall submit to the Legislature a draft codified charter, at its
 3081  expense, so that its special acts may be codified into a single
 3082  act for reenactment by the Legislature, if there is more than
 3083  one special act for the district. The Legislature may adopt a
 3084  schedule for individual district codification. Any codified act
 3085  relating to a district, which act is submitted to the
 3086  Legislature for reenactment, shall provide for the repeal of all
 3087  prior special acts of the Legislature relating to the district.
 3088  The codified act shall be filed with the Department of Economic
 3089  Opportunity pursuant to s. 189.016(2) 189.418(2).
 3090         Section 80. Paragraphs (c), (d), and (e) of subsection (8)
 3091  of section 200.001, Florida Statutes, are amended to read:
 3092         200.001 Millages; definitions and general provisions.—
 3093         (8)
 3094         (c) “Special district” means a special district as defined
 3095  in s. 189.012 189.403(1).
 3096         (d) “Dependent special district” means a dependent special
 3097  district as defined in s. 189.012 189.403(2). Dependent special
 3098  district millage, when added to the millage of the governing
 3099  body to which it is dependent, shall not exceed the maximum
 3100  millage applicable to such governing body.
 3101         (e) “Independent special district” means an independent
 3102  special district as defined in s. 189.012 189.403(3), with the
 3103  exception of a downtown development authority established prior
 3104  to the effective date of the 1968 State Constitution as an
 3105  independent body, either appointed or elected, regardless of
 3106  whether or not the budget is approved by the local governing
 3107  body, if the district levies a millage authorized as of the
 3108  effective date of the 1968 State Constitution. Independent
 3109  special district millage shall not be levied in excess of a
 3110  millage amount authorized by general law and approved by vote of
 3111  the electors pursuant to s. 9(b), Art. VII of the State
 3112  Constitution, except for those independent special districts
 3113  levying millage for water management purposes as provided in
 3114  that section and municipal service taxing units as specified in
 3115  s. 125.01(1)(q) and (r). However, independent special district
 3116  millage authorized as of the date the 1968 State Constitution
 3117  became effective need not be so approved, pursuant to s. 2, Art.
 3118  XII of the State Constitution.
 3119         Section 81. Subsections (1), (5), (6), and (7) of section
 3120  218.31, Florida Statutes, are amended to read:
 3121         218.31 Definitions.—As used in this part, except where the
 3122  context clearly indicates a different meaning:
 3123         (1) “Local governmental entity” means a county agency, a
 3124  municipality, or a special district as defined in s. 189.012
 3125  189.403. For purposes of s. 218.32, the term also includes a
 3126  housing authority created under chapter 421.
 3127         (5) “Special district” means a special district as defined
 3128  in s. 189.012 189.403(1).
 3129         (6) “Dependent special district” means a dependent special
 3130  district as defined in s. 189.012 189.403(2).
 3131         (7) “Independent special district” means an independent
 3132  special district as defined in s. 189.012 189.403(3).
 3133         Section 82. Paragraph (a) and (f) of subsection (1) and
 3134  subsection (2) of section 218.32, Florida Statutes, are amended
 3135  to read:
 3136         218.32 Annual financial reports; local governmental
 3137  entities.—
 3138         (1)(a) Each local governmental entity that is determined to
 3139  be a reporting entity, as defined by generally accepted
 3140  accounting principles, and each independent special district as
 3141  defined in s. 189.012 189.403, shall submit to the department a
 3142  copy of its annual financial report for the previous fiscal year
 3143  in a format prescribed by the department. The annual financial
 3144  report must include a list of each local governmental entity
 3145  included in the report and each local governmental entity that
 3146  failed to provide financial information as required by paragraph
 3147  (b). The chair of the governing body and the chief financial
 3148  officer of each local governmental entity shall sign the annual
 3149  financial report submitted pursuant to this subsection attesting
 3150  to the accuracy of the information included in the report. The
 3151  county annual financial report must be a single document that
 3152  covers each county agency.
 3153         (f) If the department does not receive a completed annual
 3154  financial report from a local governmental entity within the
 3155  required period, it shall notify the Legislative Auditing
 3156  Committee and the Special District Accountability Information
 3157  Program of the Department of Economic Opportunity of the
 3158  entity’s failure to comply with the reporting requirements.
 3159         (2) The department shall annually by December 1 file a
 3160  verified report with the Governor, the Legislature, the Auditor
 3161  General, and the Special District Accountability Information
 3162  Program of the Department of Economic Opportunity showing the
 3163  revenues, both locally derived and derived from
 3164  intergovernmental transfers, and the expenditures of each local
 3165  governmental entity, regional planning council, local government
 3166  finance commission, and municipal power corporation that is
 3167  required to submit an annual financial report. The report must
 3168  include, but is not limited to:
 3169         (a) The total revenues and expenditures of each local
 3170  governmental entity that is a component unit included in the
 3171  annual financial report of the reporting entity.
 3172         (b) The amount of outstanding long-term debt by each local
 3173  governmental entity. For purposes of this paragraph, the term
 3174  “long-term debt” means any agreement or series of agreements to
 3175  pay money, which, at inception, contemplate terms of payment
 3176  exceeding 1 year in duration.
 3177         Section 83. Paragraph (g) of subsection (1) of section
 3178  218.37, Florida Statutes, is amended to read:
 3179         218.37 Powers and duties of Division of Bond Finance;
 3180  advisory council.—
 3181         (1) The Division of Bond Finance of the State Board of
 3182  Administration, with respect to both general obligation bonds
 3183  and revenue bonds, shall:
 3184         (g) By January 1 each year, provide the Special District
 3185  Accountability Information Program of the Department of Economic
 3186  Opportunity with a list of special districts that are not in
 3187  compliance with the requirements in s. 218.38.
 3188         Section 84. Paragraph (j) of subsection (1) of section
 3189  255.20, Florida Statutes, is amended to read:
 3190         255.20 Local bids and contracts for public construction
 3191  works; specification of state-produced lumber.—
 3192         (1) A county, municipality, special district as defined in
 3193  chapter 189, or other political subdivision of the state seeking
 3194  to construct or improve a public building, structure, or other
 3195  public construction works must competitively award to an
 3196  appropriately licensed contractor each project that is estimated
 3197  in accordance with generally accepted cost-accounting principles
 3198  to cost more than $300,000. For electrical work, the local
 3199  government must competitively award to an appropriately licensed
 3200  contractor each project that is estimated in accordance with
 3201  generally accepted cost-accounting principles to cost more than
 3202  $75,000. As used in this section, the term “competitively award”
 3203  means to award contracts based on the submission of sealed bids,
 3204  proposals submitted in response to a request for proposal,
 3205  proposals submitted in response to a request for qualifications,
 3206  or proposals submitted for competitive negotiation. This
 3207  subsection expressly allows contracts for construction
 3208  management services, design/build contracts, continuation
 3209  contracts based on unit prices, and any other contract
 3210  arrangement with a private sector contractor permitted by any
 3211  applicable municipal or county ordinance, by district
 3212  resolution, or by state law. For purposes of this section, cost
 3213  includes the cost of all labor, except inmate labor, and the
 3214  cost of equipment and materials to be used in the construction
 3215  of the project. Subject to the provisions of subsection (3), the
 3216  county, municipality, special district, or other political
 3217  subdivision may establish, by municipal or county ordinance or
 3218  special district resolution, procedures for conducting the
 3219  bidding process.
 3220         (j) A county, municipality, special district as defined in
 3221  s. 189.012 189.403, or any other political subdivision of the
 3222  state that owns or operates a public-use airport as defined in
 3223  s. 332.004 is exempt from this section when performing repairs
 3224  or maintenance on the airport’s buildings, structures, or public
 3225  construction works using the local government’s own services,
 3226  employees, and equipment.
 3227         Section 85. Subsection (4) of section 298.225, Florida
 3228  Statutes, is amended to read:
 3229         298.225 Water control plan; plan development and
 3230  amendment.—
 3231         (4) Information contained within a district’s facilities
 3232  plan prepared pursuant to s. 189.08 189.415 which satisfies any
 3233  of the provisions of subsection (3) may be used as part of the
 3234  district water control plan.
 3235         Section 86. Subsection (7) of section 343.922, Florida
 3236  Statutes, is amended to read:
 3237         343.922 Powers and duties.—
 3238         (7) The authority shall comply with all statutory
 3239  requirements of general application which relate to the filing
 3240  of any report or documentation required by law, including the
 3241  requirements of ss. 189.015, 189.016, 189.051, and 189.08
 3242  189.4085, 189.415, 189.417, and 189.418.
 3243         Section 87. Subsection (5) of section 348.0004, Florida
 3244  Statutes, is amended to read:
 3245         348.0004 Purposes and powers.—
 3246         (5) Any authority formed pursuant to this act shall comply
 3247  with all statutory requirements of general application which
 3248  relate to the filing of any report or documentation required by
 3249  law, including the requirements of ss. 189.015, 189.016,
 3250  189.051, and 189.08 189.4085, 189.415, 189.417, and 189.418.
 3251         Section 88. Section 373.711, Florida Statutes, is amended
 3252  to read:
 3253         373.711 Technical assistance to local governments.—The
 3254  water management districts shall assist local governments in the
 3255  development and future revision of local government
 3256  comprehensive plan elements or public facilities report as
 3257  required by s. 189.08 189.415, related to water resource issues.
 3258         Section 89. Paragraph (b) of subsection (3) of section
 3259  403.0891, Florida Statutes, is amended to read:
 3260         403.0891 State, regional, and local stormwater management
 3261  plans and programs.—The department, the water management
 3262  districts, and local governments shall have the responsibility
 3263  for the development of mutually compatible stormwater management
 3264  programs.
 3265         (3)
 3266         (b) Local governments are encouraged to consult with the
 3267  water management districts, the Department of Transportation,
 3268  and the department before adopting or updating their local
 3269  government comprehensive plan or public facilities report as
 3270  required by s. 189.08 189.415, whichever is applicable.
 3271         Section 90. Subsection (1) of section 582.32, Florida
 3272  Statutes, is amended to read:
 3273         582.32 Effect of dissolution.—
 3274         (1) Upon issuance of a certificate of dissolution, s.
 3275  189.076(2) 189.4045(2) applies and all land use regulations in
 3276  effect within such districts are void.
 3277         Section 91. Paragraph (a) of subsection (3) of section
 3278  1013.355, Florida Statutes, is amended to read:
 3279         1013.355 Educational facilities benefit districts.—
 3280         (3)(a) An educational facilities benefit district may be
 3281  created pursuant to this act and chapters 125, 163, 166, and
 3282  189. An educational facilities benefit district charter may be
 3283  created by a county or municipality by entering into an
 3284  interlocal agreement, as authorized by s. 163.01, with the
 3285  district school board and any local general purpose government
 3286  within whose jurisdiction a portion of the district is located
 3287  and adoption of an ordinance that includes all provisions
 3288  contained within s. 189.02 189.4041. The creating entity shall
 3289  be the local general purpose government within whose boundaries
 3290  a majority of the educational facilities benefit district’s
 3291  lands are located.
 3292         Section 92. This act shall take effect July 1, 2014.