CS for CS for SB 1216 First Engrossed
20101216e1
1 A bill to be entitled
2 An act relating to children’s services; amending s.
3 125.901, F.S.; requiring the governing body of the
4 county to submit to the electorate the question of
5 retention or dissolution of a special taxing district
6 created to provide funding for children’s services;
7 prescribing a schedule and conditions relating to
8 submission of the question to the electorate;
9 prescribing reauthorization conditions governing newly
10 created children’s services districts; authorizing the
11 governing board of a district to request a vote by the
12 electorate before the prescribed year; providing for
13 the application of the revisions made by this act to
14 s. 125.901, F.S., to certain children’s services
15 special districts in existence before and after the
16 effective date of the act; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (4) of section 125.901, Florida
22 Statutes, is amended to read:
23 125.901 Children’s services; independent special district;
24 council; powers, duties, and functions; public records
25 exemption.—
26 (4)(a) Any district created pursuant to the provisions of
27 this section may be dissolved by a special act of the
28 Legislature, or the county governing body may by ordinance
29 dissolve the district subject to the approval of the electorate.
30 (b)1.a. Notwithstanding paragraph (a), the governing body
31 of the county shall submit the question of retention or
32 dissolution of a district with voter-approved taxing authority
33 to the electorate in the general election according to the
34 following schedule:
35 (I) For a district in existence on July 1, 2010, and
36 serving a county with a population of 400,000 or fewer persons
37 as of that date............................................2014.
38 (II) For a district in existence on July 1, 2010, and
39 serving a county with a population of more than 400,000 but
40 fewer than 2 million persons as of that date...............2016.
41 (III) For a district in existence on July 1, 2010, and
42 serving a county with a population of 2 million or more persons
43 as of that date............................................2020.
44 b. A referendum by the electorate on or after July 1, 2010,
45 creating a new district with taxing authority may specify that
46 the district is not subject to reauthorization or may specify
47 the number of years for which the initial authorization shall
48 remain effective. If the referendum does not prescribe terms of
49 reauthorization, the governing body of the county shall submit
50 the question of retention or dissolution of the district to the
51 electorate in the general election 12 years after the initial
52 authorization.
53 2. The governing board of the district may specify, and
54 submit to the governing body of the county no later than nine
55 months before the scheduled election, that the district is not
56 subsequently subject to reauthorization or may specify the
57 number of years for which a reauthorization under this paragraph
58 shall remain effective. If the governing board of the district
59 makes such specification and submission, the governing body of
60 the county shall include that information in the question
61 submitted to the electorate. If the governing board of the
62 district does not specify and submit such information, the
63 governing body of the county shall resubmit the question of
64 reauthorization to the electorate every 12 years after the year
65 prescribed in subparagraph 1. The governing board of the
66 district may recommend to the governing body of the county
67 language for the question submitted to the electorate.
68 3. Nothing in this paragraph limits the authority to
69 dissolve a district as provided under paragraph (a).
70 4. Nothing in this paragraph precludes the governing board
71 of a district from requesting that the governing body of the
72 county submit the question of retention or dissolution of a
73 district with voter-approved taxing authority to the electorate
74 at a date earlier than the year prescribed in subparagraph 1. If
75 the governing body of the county accepts the request and submits
76 the question to the electorate, the governing body satisfies the
77 requirement of that subparagraph.
78
79 If any district is dissolved pursuant to the provisions of this
80 subsection, each county must shall first obligate itself to
81 assume the debts, liabilities, contracts, and outstanding
82 obligations of the district within the total millage available
83 to the county governing body for all county and municipal
84 purposes as provided for under s. 9, Art. VII of the State
85 Constitution. Any district may also be dissolved pursuant to the
86 provisions of s. 189.4042.
87 Section 2. Notwithstanding s. 31 of chapter 90-288, Laws of
88 Florida, the revisions made by this act to s. 125.901, Florida
89 Statutes, apply to any special district having taxing authority
90 to provide funding for children’s services, and governed by a
91 council on children’s services, which is in existence on the
92 effective date of this act and to any such district created on
93 or after the effective date of this act.
94 Section 3. This act shall take effect upon becoming a law.