Florida Senate - 2013                                     SB 538
       
       
       
       By Senator Ring
       
       
       
       
       29-00281B-13                                           2013538__
    1                        A bill to be entitled                      
    2         An act relating to special districts; creating s.
    3         189.414, F.S.; requiring public facilities projects of
    4         independent special districts with taxing authority to
    5         be approved by the appropriate local general-purpose
    6         government; requiring a local government
    7         representative to serve as an ex officio, nonvoting
    8         member of the district; providing exemptions; amending
    9         s. 189.415, F.S.; conforming provisions to changes
   10         made by the act; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 189.414, Florida Statutes, is created to
   15  read:
   16         189.414 Local government approval of public facilities.—
   17         (1) Notwithstanding any other general or special law,
   18  proposals by an independent special district that has ad valorem
   19  taxing authority to build, improve, or expand public facilities
   20  which require the expenditure of public funds must be approved
   21  by the appropriate local general-purpose government as follows:
   22         (a) All public facilities of a single-county independent
   23  special district must be approved by the county or municipality
   24  in which the district is located or by the local government that
   25  created the district.
   26         (b) Any single-county district that serves an area that
   27  extends beyond the boundaries of one general-purpose local
   28  government must be approved by the county.
   29         (2) Notwithstanding any other general or special law, in
   30  order to facilitate the public facility expenditure approval
   31  process required under this section, a representative of the
   32  appropriate local general-purpose government shall be included
   33  as an ex officio, nonvoting member of each affected independent
   34  special district governing board.
   35         (3) The requirement for local government approval under
   36  this section does not apply to special districts for children’s
   37  services established pursuant to part V of chapter 125, fire
   38  control districts established pursuant to chapter 191, and
   39  hospital districts created by general law or special act.
   40         Section 2. Paragraph (b) of subsection (2) and subsection
   41  (6) of section 189.415, Florida Statutes, are amended to read:
   42         189.415 Special district public facilities report.—
   43         (2) Each independent special district shall submit to each
   44  local general-purpose government in which it is located a public
   45  facilities report and an annual notice of any changes. The
   46  public facilities report shall specify the following
   47  information:
   48         (b) A description of each approved public facility the
   49  district is building, improving, or expanding, or is currently
   50  proposing to build, improve, or expand within at least the next
   51  7 years if approved pursuant to s. 189.414, including any
   52  facilities that the district is assisting another entity, except
   53  a local general-purpose government, to build, improve, or expand
   54  through a lease or other agreement with the district. For each
   55  public facility identified, the report must shall describe how
   56  the district currently proposes to finance the facility.
   57         (6) For purposes of obtaining local government approval of
   58  proposed public facilities and the preparation or revision of
   59  local government comprehensive plans required pursuant to s.
   60  163.3161, a special district public facilities report may be
   61  used and relied upon by the local general-purpose government or
   62  governments within which the special district is located.
   63         Section 3. This act shall take effect October 1, 2013.