House Bill hb1827

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    Florida House of Representatives - 2001                HB 1827

        By the Committee on Local Government & Veterans Affairs
    and Representative Sorensen





  1                      A bill to be entitled

  2         An act relating to special districts; amending

  3         s. 189.4042, F.S.; providing that an inactive

  4         independent special district that was created

  5         by a county or municipality through a

  6         referendum may be merged or dissolved by the

  7         county or municipality after publication of

  8         notice as required for the declaration of the

  9         inactive status of a special district; amending

10         s. 189.4044, F.S.; reducing the number of weeks

11         such notice of declaration of inactive status

12         must be published; repealing s. 189.418(3) and

13         (4), F.S., which require each special district

14         to file certain reports, information, and

15         audits with the local governing authority;

16         amending s. 189.419, F.S., to conform; amending

17         s. 189.429, F.S.; providing the effect of the

18         reenactment of existing law pursuant to the

19         required codification of a special district

20         charter; amending s. 218.34, F.S.; deleting a

21         provision that allows the proposed budget of a

22         dependent special district to be budgeted

23         separately; deleting a requirement that the

24         proposed budget of an independent special

25         district located in one county be filed with

26         the county; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsection (2) of section 189.4042, Florida

31  Statutes, is amended to read:

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    Florida House of Representatives - 2001                HB 1827

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  1         189.4042  Merger and dissolution procedures.--

  2         (2)  The merger or dissolution of an independent

  3  special district or a dependent district created and operating

  4  pursuant to a special act may only be effectuated by the

  5  Legislature unless otherwise provided by general law.  If an

  6  inactive independent district was created by a county or

  7  municipality through a referendum, the county or municipality

  8  that created the district may merge or dissolve the district

  9  after publishing notice as described in s. 189.4044. If an

10  independent district was created by a county or municipality

11  by some other procedure, the county or municipality that

12  created the district may merge or dissolve the district

13  pursuant to the same procedure by which the independent

14  district was created.; However, for any such independent

15  district that has ad valorem taxation powers, the same

16  procedure required to grant such independent district ad

17  valorem taxation powers shall also be required to dissolve or

18  merge the district.

19         Section 2.  Paragraph (b) of subsection (1) of section

20  189.4044, Florida Statutes, is amended to read:

21         189.4044  Special procedures for inactive districts.--

22         (1)  The department shall declare inactive any special

23  district in this state by filing a report with the Speaker of

24  the House of Representatives and the President of the Senate

25  which shows that such special district is no longer active.

26  The inactive status of the special district must be based upon

27  a finding:

28         (b)  That a notice of the proposed declaration has been

29  published once a week for 2 4 weeks in a newspaper of general

30  circulation within the county or municipality wherein the

31  territory of the special district is located, stating the name

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  1  of said special district, the law under which it was organized

  2  and operating, a general description of the territory included

  3  in said special district, and stating that any objections to

  4  the proposed declaration or to any claims against the assets

  5  of said special district shall be filed not later than 60 days

  6  following the date of last publication with the department;

  7  and

  8         Section 3.  Subsections (3) and (4) of section 189.418,

  9  Florida Statutes, are repealed.

10         Section 4.  Section 189.419, Florida Statutes, is

11  amended to read:

12         189.419  Effect of failure to file certain reports or

13  information.--

14         (1)  If a special district fails to file the reports or

15  information required under s. 11.45, s. 189.415, s. 189.416,

16  s. 189.417, s. 189.418, s. 218.32, or s. 218.34 and a

17  description of all new bonds as provided in s. 218.38(1) with

18  the local governing authority, the person authorized to

19  receive and read the reports or information shall notify the

20  district's registered agent and the appropriate local

21  governing authority or authorities. At any time, the governing

22  authority may grant an extension of time for filing the

23  required reports or information, except that an extension may

24  not exceed 30 days.

25         (2)  If at any time the local governing authority or

26  authorities or the board of county commissioners determines

27  that there has been an unjustified failure to file the reports

28  or information described in subsection (1), it may petition

29  the department to initiate proceedings against the special

30  district in the manner provided in s. 189.421.

31

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  1         (3)  If a special district fails to file the reports or

  2  information required under s. 11.45, s. 218.32, s. 218.34, or

  3  s. 218.38 with the appropriate state agency, the agency shall

  4  notify the department, and the department may initiate

  5  proceedings against the special district in the manner

  6  provided in s. 189.421 or assess fines of not more than $25,

  7  with an aggregate total not to exceed $50, when formal

  8  inquiries do not resolve the noncompliance.

  9         Section 5.  Section 189.429, Florida Statutes, is

10  amended to read:

11         189.429  Codification.--

12         (1)  Each district, by December 1, 2004, shall submit

13  to the Legislature a draft codified charter, at its expense,

14  so that its special acts may be codified into a single act for

15  reenactment by the Legislature, if there is more than one

16  special act for the district. The Legislature may adopt a

17  schedule for individual district codification. Any codified

18  act relating to a district, which act is submitted to the

19  Legislature for reenactment, shall provide for the repeal of

20  all prior special acts of the Legislature relating to the

21  district.  The codified act shall be filed with the department

22  pursuant to s. 189.418(2).

23         (2)  The reenactment of existing law under this section

24  shall not be construed as a grant of additional authority nor

25  to supersede the authority of any entity pursuant to law.

26  Exceptions to law contained in any special act that are

27  reenacted pursuant to this section shall continue to apply.

28         (3)  The reenactment of existing law under this section

29  shall not be construed to modify, amend, or alter any

30  covenants, contracts, or other obligations of any district

31  with respect to bonded indebtedness.  Nothing pertaining to

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  1  the reenactment of existing law under this section shall be

  2  construed to affect the ability of any district to levy and

  3  collect taxes, assessments, fees, or charges for the purpose

  4  of redeeming or servicing bonded indebtedness of the district.

  5         Section 6.  Section 218.34, Florida Statutes, is

  6  amended to read:

  7         218.34  Special districts; financial matters.--

  8         (1)  The governing body of each special district shall

  9  adopt a budget by resolution each fiscal year.  The total

10  amount available from taxation and other sources, including

11  amounts carried over from prior fiscal years, must equal the

12  total of appropriations for expenditures and reserves. The

13  adopted budget must regulate expenditures of the special

14  district, and it is unlawful for any officer of a special

15  district to expend or contract for expenditures in any fiscal

16  year except in pursuance of budgeted appropriations.

17         (2)  The proposed budget of a dependent special

18  district shall be presented in accordance with generally

19  accepted accounting principles, and as such either be:

20         (a)  contained within the general budget of the local

21  governing authority, and be clearly stated as the budget of

22  the dependent district.; or

23         (b)  Budgeted separately in which case the governing

24  authority shall certify to the department compliance with the

25  auditing requirements of s. 11.45 for each dependent special

26  district.

27         (3)  The proposed budget of an independent special

28  district located solely within one county shall be filed with

29  the clerk of the county governing authority by September 1 of

30  each year.

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  1         (3)(4)  A The local governing authority may, in its

  2  discretion, review the budget or tax levy of any special

  3  district located solely within its boundaries.

  4         Section 7.  This act shall take effect upon becoming a

  5  law.

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  8                          HOUSE SUMMARY

  9
      Provides that an inactive independent special district
10    that was created by a county or municipality through a
      referendum may be merged or dissolved by the county or
11    municipality after publication of notice as required for
      the declaration of the inactive status of a special
12    district, and reduces from 4 to 2 the number of weeks
      such notice of inactive status must be published.
13

14    Removes provisions that require each special district to
      file certain reports, information, and audits with the
15    local governing authority. Specifies the effect of the
      reenactment of existing law pursuant to the required
16    codification of a special district charter.  Removes a
      provision that allows the proposed budget of a dependent
17    special district to be budgeted separately. Deletes a
      requirement that the proposed budget of an independent
18    special district located in one county be filed with the
      county.
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