| 1 | A bill to be entitled |
| 2 | An act relating to special districts; amending s. |
| 3 | 189.4042, F.S.; revising provisions relating to merger and |
| 4 | dissolution procedures for special districts; requiring |
| 5 | certain merger and dissolution procedures to include |
| 6 | referenda; providing that such provisions preempt prior |
| 7 | special acts; providing for a local government to assume |
| 8 | the indebtedness of, and receive the title to property |
| 9 | owned by, a special district under certain circumstances; |
| 10 | providing charter requirements for the assumption of such |
| 11 | indebtedness and transfer of such title to property; |
| 12 | amending s. 189.4044, F.S.; clarifying dissolution |
| 13 | procedures for special districts declared inactive by a |
| 14 | governing body; authorizing dissolution of inactive |
| 15 | special districts without a referendum; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 189.4042, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 189.4042 Merger and dissolution procedures.- |
| 23 | (1)(a) The merger or dissolution of dependent special |
| 24 | districts may be effectuated by an ordinance of the general- |
| 25 | purpose local governmental entity wherein the geographical area |
| 26 | of the district or districts is located. However, a county may |
| 27 | not dissolve a special district that is dependent to a |
| 28 | municipality or vice versa, or a dependent district created by |
| 29 | special act. |
| 30 | (b) A copy of any ordinance and of any changes to a |
| 31 | charter affecting the status or boundaries of one or more |
| 32 | special districts shall be filed with the Special District |
| 33 | Information Program within 30 days of such activity. |
| 34 | (2)(a) Unless otherwise provided by general law, the |
| 35 | merger or dissolution of an independent special district or a |
| 36 | dependent special district created and operating pursuant to a |
| 37 | special act may only be effectuated by the Legislature unless |
| 38 | otherwise provided by general law. |
| 39 | (b) Unless otherwise provided by general law: |
| 40 | 1. The dissolution of an independent special district |
| 41 | created and operating pursuant to a special act may only be |
| 42 | effectuated by the Legislature and a referendum of the resident |
| 43 | electors of the district, provided the district contains |
| 44 | resident electors. |
| 45 | 2. The merger of an independent special district created |
| 46 | and operating pursuant to a special act with another political |
| 47 | subdivision may only be effectuated by the Legislature and a |
| 48 | referendum of the resident electors of the political subdivision |
| 49 | and of the district, provided the political subdivision and the |
| 50 | district contain resident electors. |
| 51 | (c) If an inactive independent special district was |
| 52 | created by a county or municipality through a referendum, the |
| 53 | county or municipality that created the district may dissolve |
| 54 | the district after publishing notice as described in s. |
| 55 | 189.4044. |
| 56 | (d) If an independent special district was created by a |
| 57 | county or municipality by referendum or any other procedure, the |
| 58 | county or municipality that created the district may merge or |
| 59 | dissolve the district pursuant to a referendum and any other the |
| 60 | same procedure by which the independent district was created. |
| 61 | (e) If an However, for any independent special district |
| 62 | that has ad valorem taxation powers was created by a county or |
| 63 | municipality by referendum or any other procedure, the county or |
| 64 | municipality that created the district may merge or dissolve the |
| 65 | district pursuant to a referendum, any other procedure by which |
| 66 | the district was created, and the same procedure by which the |
| 67 | required to grant such independent district was granted ad |
| 68 | valorem taxation powers shall also be required to dissolve or |
| 69 | merge the district. |
| 70 | (f) This subsection preempts any special act to the |
| 71 | contrary. |
| 72 | (3) The government formed by merger of an existing |
| 73 | independent special district or districts with another |
| 74 | government shall assume all indebtedness of, and receive title |
| 75 | to all property owned by, the preexisting independent special |
| 76 | district or districts. The proposed charter shall provide for |
| 77 | the determination of the proper allocation of the indebtedness |
| 78 | so assumed and the manner in which the debt shall be retired. |
| 79 | (4) The dissolution of an independent special district |
| 80 | shall transfer the title to all property owned by the |
| 81 | preexisting independent special district to the county |
| 82 | government, which shall also assume all indebtedness of the |
| 83 | preexisting independent special district, unless otherwise |
| 84 | provided in the dissolution plan. |
| 85 | (5)(3) The provisions of this section shall not apply to |
| 86 | community development districts implemented pursuant to chapter |
| 87 | 190 or to water management districts created and operated |
| 88 | pursuant to chapter 373. |
| 89 | Section 2. Subsection (4) of section 189.4044, Florida |
| 90 | Statutes, is amended, and subsection (5) is added to that |
| 91 | section, to read: |
| 92 | 189.4044 Special procedures for inactive districts.- |
| 93 | (4) The entity that created a special district declared |
| 94 | inactive under this section must dissolve the special district |
| 95 | by repealing its enabling laws or by other appropriate means. |
| 96 | Notwithstanding this subsection or any other section of law, if |
| 97 | the governing body of a special district unanimously adopts a |
| 98 | resolution declaring the district inactive pursuant to |
| 99 | paragraphs (1)(b) and (c), and no administrative appeals were |
| 100 | timely filed, the special district may be dissolved without a |
| 101 | referendum. |
| 102 | (5) Independent and dependent special districts that meet |
| 103 | any criteria to be declared inactive, or that have already been |
| 104 | declared inactive, may be dissolved or merged by special act |
| 105 | without a referendum. |
| 106 | Section 3. This act shall take effect July 1, 2010. |