Florida Senate - 2017 CS for SB 1750
By the Committee on Community Affairs; and Senator Rodriguez
578-03390-17 20171750c1
1 A bill to be entitled
2 An act relating to special districts; amending s.
3 189.069, F.S.; requiring a special district to post on
4 its website all meeting minutes within a specified
5 time and have the information remain on the website
6 for a specified period; amending s. 190.046, F.S.;
7 removing a filing fee paid to counties or
8 municipalities under certain circumstances when
9 petitions to contract the boundaries of a community
10 development district are filed with the Florida Land
11 and Water Adjudicatory Commission; conforming
12 provisions to changes made by the act; authorizing the
13 board of supervisors by majority vote to transfer its
14 assets and operating and maintenance responsibilities
15 to the private sector or to a certain local general
16 purpose government if the district has no outstanding
17 financial obligations; requiring the district to
18 terminate upon such transfer, subject to certain
19 requirements; providing for a referendum to dissolve
20 the district, subject to certain requirements and
21 restrictions; specifying requirements for the petition
22 and the referendum; requiring the district to dissolve
23 if a majority of the qualified voters approve the
24 referendum, subject to certain requirements; providing
25 an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (a) of subsection (2) of section
30 189.069, Florida Statutes, is amended to read:
31 189.069 Special districts; required reporting of
32 information; web-based public access.—
33 (2)(a) A special district shall post the following
34 information, at a minimum, on the district’s official website:
35 1. The full legal name of the special district.
36 2. The public purpose of the special district.
37 3. The name, official address, official e-mail address,
38 and, if applicable, term and appointing authority for each
39 member of the governing body of the special district.
40 4. The fiscal year of the special district.
41 5. The full text of the special district’s charter, the
42 date of establishment, the establishing entity, and the statute
43 or statutes under which the special district operates, if
44 different from the statute or statutes under which the special
45 district was established. Community development districts may
46 reference chapter 190 as the uniform charter but must include
47 information relating to any grant of special powers.
48 6. The mailing address, e-mail address, telephone number,
49 and website uniform resource locator of the special district.
50 7. A description of the boundaries or service area of, and
51 the services provided by, the special district.
52 8. A listing of all taxes, fees, assessments, or charges
53 imposed and collected by the special district, including the
54 rates or amounts for the fiscal year and the statutory authority
55 for the levy of the tax, fee, assessment, or charge. For
56 purposes of this subparagraph, charges do not include patient
57 charges by a hospital or other health care provider.
58 9. The primary contact information for the special district
59 for purposes of communication from the department.
60 10. A code of ethics adopted by the special district, if
61 applicable, and a hyperlink to generally applicable ethics
62 provisions.
63 11. The budget of the special district and any amendments
64 thereto in accordance with s. 189.016.
65 12. The final, complete audit report for the most recent
66 completed fiscal year and audit reports required by law or
67 authorized by the governing body of the special district.
68 13. A listing of its regularly scheduled public meetings as
69 required by s. 189.015(1).
70 14. The public facilities report, if applicable.
71 15. The link to the Department of Financial Services’
72 website as set forth in s. 218.32(1)(g).
73 16. At least 7 days before each meeting or workshop, the
74 agenda of the event, along with any meeting materials available
75 in an electronic format, excluding confidential and exempt
76 information. The information must remain on the website for at
77 least 1 year after the event.
78 17. All meeting minutes, within 30 days after the minutes
79 are approved by the governing board of the district. The
80 information must remain on the website for at least 1 year after
81 the event.
82 Section 2. Paragraph (d) of subsection (1) and subsection
83 (2) of section 190.046, Florida Statutes, are amended, and
84 subsections (11) and (12) are added to that section, to read:
85 190.046 Termination, contraction, or expansion of
86 district.—
87 (1) A landowner or the board may petition to contract or
88 expand the boundaries of a community development district in the
89 following manner:
90 (d)1. For those districts initially established by
91 administrative rule pursuant to s. 190.005(1), the petition
92 shall be filed with the Florida Land and Water Adjudicatory
93 Commission.
94 2. Prior to filing the petition, the petitioner shall pay a
95 filing fee of $1,500, to the county if the district or the land
96 to be added to or deleted from the district is located within an
97 unincorporated area or to the municipality if the district or
98 the land to be added or deleted is located within an
99 incorporated area, and to each municipality the boundaries of
100 which are contiguous with or contain all or a portion of the
101 land within or to be added to or deleted from the external
102 boundaries of the district. The petitioner shall submit a copy
103 of the petition to the same entities entitled to receive the
104 filing fee. In addition, if the district is not the petitioner,
105 the petitioner shall file the petition with the district board
106 of supervisors.
107 3. Each county and each municipality shall have the option
108 of holding a public hearing as provided by s. 190.005(1)(c).
109 However, the public hearing shall be limited to consideration of
110 the contents of the petition and whether the petition for
111 amendment should be supported by the county or municipality.
112 4. The district board of supervisors shall, in lieu of a
113 hearing officer, hold the local public hearing provided for by
114 s. 190.005(1)(d). This local public hearing shall be noticed in
115 the same manner as provided in s. 190.005(1)(d). Within 45 days
116 of the conclusion of the hearing, the district board of
117 supervisors shall transmit to the Florida Land and Water
118 Adjudicatory Commission the full record of the local hearing,
119 the transcript of the hearing, any resolutions adopted by the
120 local general-purpose governments, and its recommendation
121 whether to grant the petition for amendment. The commission
122 shall then proceed in accordance with s. 190.005(1)(e).
123 5. A rule amending a district boundary shall describe the
124 land to be added or deleted.
125 (2) The district shall remain in existence unless:
126 (a) The district is merged with another district as
127 provided in subsection (3) or subsection (4);
128 (b) All of the specific community development systems,
129 facilities, and services that it is authorized to perform have
130 been transferred to a general-purpose unit of local government
131 in the manner provided in subsections (5), (6), and (7); or
132 (c) All of the specific community development systems,
133 facilities, and services that it is authorized to perform have
134 been transferred to the private sector or a general-purpose unit
135 of local government as provided in subsection (11); or
136 (d)(c) The district is dissolved as provided in subsection
137 (8), subsection (9), or subsection (10), or subsection (12).
138 (11) If a district has no outstanding financial
139 obligations, the board of supervisors by majority vote may
140 transfer its assets and operating and maintenance
141 responsibilities to the private sector or to the local general
142 purpose government within the geographical boundaries of the
143 district. Upon the transfer of all of the community development
144 assets and services, the district shall be terminated in
145 accordance with a plan of termination which shall be adopted by
146 the board of supervisors and filed with the clerk of the circuit
147 court.
148 (12)(a) A referendum to dissolve the district must be held
149 if a petition containing the signatures of 40 percent of the
150 qualified electors within the district or 20 percent of the
151 landowners within the district is presented to the board of
152 supervisors. The petition must state that it is for the purpose
153 of calling a referendum to determine whether the district should
154 be dissolved. A referendum may only occur once in a 12-month
155 period and only after a district has existed for 2 or more
156 years.
157 (b) Upon receipt of the petition, the board of supervisors
158 shall arrange to place on the next general election ballot of
159 the qualified electors residing within the district the
160 following question: “Shall the ...(name of district)... sell all
161 of its assets and fulfill any outstanding financial obligations,
162 operating responsibilities, or maintenance responsibilities and
163 dissolve immediately upon completion of such tasks?” and
164 thereafter the words “Yes” and “No.”
165 (c) If a majority of the qualified electors voting approve
166 the ballot question, the district shall be dissolved in
167 accordance with a plan of termination which shall be adopted by
168 the board of supervisors and filed with the clerk of the circuit
169 court. The plan of termination must provide for the sale of all
170 district assets and the fulfillment of all outstanding financial
171 obligations and operating or maintenance responsibilities.
172 Section 3. This act shall take effect July 1, 2017.