Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 1388
       
       
       
       
       
       
                                Ì345974NÎ345974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/22/2015 11:00 AM       .                                
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       Senator Stargel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 380 - 540
    4  and insert:
    5         Section 11. Subsection (1) of section 189.062, Florida
    6  Statutes, is amended to read:
    7         189.062 Special procedures for inactive districts.—
    8         (1) The department shall declare inactive any special
    9  district in this state by documenting that:
   10         (a) The special district meets one of the following
   11  criteria:
   12         1. The registered agent of the district, the chair of the
   13  governing body of the district, or the governing body of the
   14  appropriate local general-purpose government notifies the
   15  department in writing that the district has taken no action for
   16  2 or more years;
   17         2. The registered agent of the district, the chair of the
   18  governing body of the district, or the governing body of the
   19  appropriate local general-purpose government notifies the
   20  department in writing that the district has not had a governing
   21  body or a sufficient number of governing body members to
   22  constitute a quorum for 2 or more years;
   23         3. The registered agent of the district, the chair of the
   24  governing body of the district, or the governing body of the
   25  appropriate local general-purpose government fails to respond to
   26  an inquiry by the department within 21 days;
   27         4. The department determines, pursuant to s. 189.067, that
   28  the district has failed to file any of the reports listed in s.
   29  189.066;
   30         5. The district has not had a registered office and agent
   31  on file with the department for 1 or more years; or
   32         6. The governing body of a special district provides
   33  documentation to the department that it has unanimously adopted
   34  a resolution declaring the special district inactive. The
   35  special district is shall be responsible for payment of any
   36  expenses associated with its dissolution. A special district
   37  declared inactive pursuant to this subparagraph may be dissolved
   38  without a referendum; or
   39         (b) The department, special district, or local general
   40  purpose government published a notice of proposed declaration of
   41  inactive status in a newspaper of general circulation in the
   42  county or municipality in which the territory of the special
   43  district is located and sent a copy of such notice by certified
   44  mail to the registered agent or chair of the governing body, if
   45  any. Such notice must include the name of the special district,
   46  the law under which it was organized and operating, a general
   47  description of the territory included in the special district,
   48  and a statement that any objections must be filed pursuant to
   49  chapter 120 within 21 days after the publication date; and
   50         (c) Twenty-one days have elapsed from the publication date
   51  of the notice of proposed declaration of inactive status and no
   52  administrative appeals were filed.
   53         Section 12. Subsections (1), (2), and (3) of section
   54  189.064, Florida Statutes, are amended to read:
   55         189.064 Special District Accountability Program; duties and
   56  responsibilities.—The Special District Accountability Program of
   57  the department has the following duties:
   58         (1) Electronically publishing special district
   59  noncompliance status reports from the Department of Management
   60  Services, the Department of Financial Services, the Division of
   61  Bond Finance of the State Board of Administration, the Auditor
   62  General, and the Legislative Auditing Committee, for the
   63  reporting required in ss. 112.63, 218.32, 218.38, and 218.39.
   64  The noncompliance reports must list those special districts that
   65  did not comply with the statutory reporting requirements and be
   66  made available to the public electronically.
   67         (2) Maintaining the official list of special districts as
   68  set forth in s. 189.061.
   69         (3) Publishing and updating of a “Florida Special District
   70  Handbook” that contains, at a minimum:
   71         (a) A section that specifies definitions of special
   72  districts and status distinctions in the statutes.
   73         (b) A section or sections that specify current statutory
   74  provisions for special district creation, implementation,
   75  modification, dissolution, and operating procedures.
   76         (c) A section that summarizes the reporting requirements
   77  applicable to all types of special districts as provided in ss.
   78  189.015 and 189.016.
   79         (d) A section that summarizes the public facilities
   80  reporting requirements and the evaluation and appraisal
   81  notification schedule as provided in s. 189.08(2).
   82         Section 13. Section 189.0653, Florida Statutes, is created
   83  to read:
   84         189.0653 Public hearing on noncompliance.—Before the public
   85  hearing as provided in s. 189.0651(2) or s. 189.0652(2) is held,
   86  the special district shall provide the following information at
   87  the request of the local general-purpose government or the
   88  Legislative Auditing Committee, as appropriate:
   89         (1) The district’s annual financial report for the previous
   90  fiscal year.
   91         (2) The district’s audit report for the previous fiscal
   92  year.
   93         (3) Minutes of meetings of the special district’s governing
   94  body for the previous fiscal year and the current fiscal year to
   95  date.
   96         (4) A report for the previous fiscal year providing the
   97  following information:
   98         (a) The purpose of the special district.
   99         (b) The sources of funding for the special district.
  100         (c) A description of the major activities, programs, and
  101  initiatives that the special district undertook in the most
  102  recently completed fiscal year and the benchmarks or criteria
  103  under which the success or failure of the district was or will
  104  be determined by its governing body.
  105         (d) Any challenges or obstacles faced by the special
  106  district in fulfilling its purpose and related responsibilities.
  107         (e) Ways in which the special district’s governing body
  108  believes that it could better fulfill the special district’s
  109  purpose and a description of the actions that it intends to
  110  take.
  111         (f) Proposed changes to the special act, ordinance, or
  112  resolution, as appropriate, which established the special
  113  district and justification for such changes.
  114         (g) Any other information reasonably required to provide
  115  the reviewing entity with an accurate understanding of the
  116  purpose of the special district and how the special district is
  117  fulfilling that purpose.
  118         (h) Any reasons for the district’s noncompliance resulting
  119  in the public hearing.
  120         (i) Whether the district is currently in compliance.
  121         (j) Plans to correct any recurring issues of noncompliance.
  122         (k) Efforts to promote transparency, including a statement
  123  indicating whether the district’s website complies with s.
  124  189.069.
  125         Section 14. Subsection (2) of section 189.067, Florida
  126  Statutes, is amended to read:
  127         189.067 Failure of district to disclose financial reports.—
  128         (2) Failure of a special district to comply with the
  129  actuarial and financial reporting requirements under s. 112.63,
  130  s. 218.32, or s. 218.39 after the procedures of subsection (1)
  131  are exhausted shall be deemed final action of the special
  132  district. The actuarial and financial reporting requirements are
  133  declared to be essential requirements of law. Remedies for
  134  noncompliance with ss. 218.32 and 218.39 shall be as provided in
  135  ss. 189.0651 and 189.0652 ss. 189.034 and 189.035. Remedy for
  136  noncompliance with s. 112.63 shall be as set forth in subsection
  137  (4).
  138         Section 15. Paragraphs (a), (b), and (c) of subsection (2)
  139  of section 189.068, Florida Statutes, are amended to read:
  140         189.068 Special districts; authority for oversight; general
  141  oversight review process.—
  142         (2) Special districts may be reviewed for general oversight
  143  purposes under this section as follows:
  144         (a) All special districts created by special act may be
  145  reviewed by the Legislature using the public hearing process
  146  provided in s. 189.0651(2) s. 189.034.
  147         (b) All special districts created by local ordinance or
  148  resolution may be reviewed by the local general-purpose
  149  government that enacted the ordinance or resolution using the
  150  public hearing process provided in s. 189.0652(2) s. 189.035.
  151         (c) All dependent special districts not created by special
  152  act may be reviewed by the local general-purpose government upon
  153  to which they are dependent.
  154         Section 16. Section 189.069, Florida Statutes, is amended
  155  to read:
  156         189.069 Special districts; required reporting of
  157  information; web-based public access.—
  158         (1) Beginning on October 1, 2015, or by the end of the
  159  first full fiscal year after its creation, each special district
  160  shall maintain an official Internet website containing the
  161  information required by this section in accordance with s.
  162  189.016. Special districts shall submit their official Internet
  163  website addresses to the department.
  164         (a) Independent special districts shall maintain a separate
  165  Internet website.
  166         (b) Dependent special districts shall be prominently
  167  preeminently displayed on the home page of the Internet website
  168  of the local general-purpose government upon which they are
  169  dependent that created the special district with a hyperlink to
  170  such webpages as are necessary to provide the information
  171  required by this section. Dependent special districts may
  172  maintain a separate Internet website providing the information
  173  required by this section.
  174         (2)(a) A special district shall post the following
  175  information, at a minimum, on the district’s official website:
  176         1. The full legal name of the special district.
  177         2. The public purpose of the special district.
  178         3. The name, address, e-mail address, and, if applicable,
  179  the term and appointing authority for each member of the
  180  governing body of the special district.
  181         4. The fiscal year of the special district.
  182         5. The full text of the special district’s charter, the
  183  date of establishment, the establishing entity, and the statute
  184  or statutes under which the special district operates, if
  185  different from the statute or statutes under which the special
  186  district was established. Community development districts may
  187  reference chapter 190 as the uniform charter, but must include
  188  information relating to any grant of special powers.
  189         6. The mailing address, e-mail address, telephone number,
  190  and Internet website uniform resource locator of the special
  191  district.
  192         7. A description of the boundaries or service area of, and
  193  the services provided by, the special district.
  194         8. A listing of all taxes, fees, assessments, or charges
  195  imposed and collected by the special district, including the
  196  rates or amounts for the fiscal year and the statutory authority
  197  for the levy of the tax, fee, assessment, or charge. For
  198  purposes of this subparagraph, charges do not include patient
  199  charges by a hospital or other health care provider.
  200         9. The primary contact information for the special district
  201  for purposes of communication from the department.
  202         10. A code of ethics adopted by the special district, if
  203  applicable, and a hyperlink to generally applicable ethics
  204  provisions.
  205         11. The budget of the each special district, and any in
  206  addition to amendments thereto in accordance with s. 189.016.
  207         12. The final, complete audit report for the most recent
  208  completed fiscal year, and audit reports required by law or
  209  authorized by the governing body of the special district.
  210         13. A listing of its regularly scheduled public meetings
  211  for the year. The schedule must include the date, time, and
  212  location of each such meeting.
  213         14. The public facilities report, if applicable.
  214         15. The link to the Department of Financial Services’
  215  
  216  ================= T I T L E  A M E N D M E N T ================
  217  And the title is amended as follows:
  218         Between lines 36 and 37
  219  insert:
  220         189.062, F.S.; making technical changes; amending s.