Florida Senate - 2018                                    SB 1480
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01174A-18                                          20181480__
    1                        A bill to be entitled                      
    2         An act relating to a centralized database for public
    3         charters and amendments; creating s. 15.075, F.S.;
    4         requiring the Department of State to create and
    5         maintain a centralized public database of county,
    6         municipal, and special district charters and
    7         amendments; specifying the classifications by which
    8         users may search and retrieve charter and amendment
    9         text; amending ss. 125.60, 125.82, 166.031, and
   10         189.013, F.S.; requiring all counties, municipalities,
   11         and special districts to file, by specified dates,
   12         electronic copies of their charters and amendments
   13         with the department; prohibiting such entities from
   14         levying taxes or issuing bonds if the appropriate
   15         documents are not filed; authorizing the department to
   16         adopt rules to implement and administer this act;
   17         providing a statement of important state interest;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 15.075, Florida Statutes, is created to
   23  read:
   24         15.075Database of county, municipal, and special district
   25  charters.—The Department of State shall create and maintain a
   26  centralized electronic database containing county, municipal,
   27  and special district charters and amendments.
   28         (1)The database must be accessible to the public through
   29  the main page of the department’s website.
   30         (2)The database must allow users to research and retrieve
   31  the full text of the charters and amendments by searching:
   32         (a)The name of the county, municipality, or special
   33  district.
   34         (b)The year in which the county, municipality, or special
   35  district enacted or adopted the charter.
   36         (c)The year in which the county, municipality, or special
   37  district adopted the amendment that is the subject of the
   38  search.
   39         (d)Key terms contained in the text of the charter or
   40  amendment.
   41         (e)Other relevant classifications.
   42         Section 2. Section 125.60, Florida Statutes, is amended to
   43  read:
   44         125.60 Adoption of county charter.—
   45         (1) Any county not having a chartered form of consolidated
   46  government may, pursuant to the provisions of ss. 125.60-125.64,
   47  locally initiate and adopt by a majority vote of the qualified
   48  electors of the county a county home rule charter.
   49         (2)A county with an adopted charter shall file an
   50  electronic copy of its charter and each adopted amendment with
   51  the Department of State by October 1, 2018. A county that adopts
   52  a charter or an amendment to a charter after October 1, 2018,
   53  shall file an electronic copy of the charter or amendment, as
   54  applicable, with the Department of State within 90 days after
   55  its adoption. Notwithstanding any provision of law to the
   56  contrary, a county that fails to comply with this subsection may
   57  not levy a new tax, levy or collect an existing tax, or issue a
   58  bond until the county complies with this subsection.
   59         Section 3. Subsection (3) is added to section 125.82,
   60  Florida Statutes, to read:
   61         125.82 Charter adoption by ordinance.—
   62         (3)A county with a charter adopted by ordinance, as set
   63  forth in this section, must file an electronic copy of its
   64  charter and each adopted amendment with the Department of State
   65  by October 1, 2018. A county that adopts a charter as set forth
   66  in this section or adopts an amendment to a charter after
   67  October 1, 2018, shall file an electronic copy of the charter or
   68  amendment, as applicable, with the Department of State within 90
   69  days after the adoption of the amendment or the special election
   70  approving the charter. Notwithstanding any provision of law to
   71  the contrary, a county that fails to comply with this subsection
   72  may not levy a new tax, levy or collect an existing tax, or
   73  issue a bond until the county complies with this subsection.
   74         Section 4. Subsection (7) is added to section 166.031,
   75  Florida Statutes, to read:
   76         166.031 Charter amendments; charter reporting.—
   77         (7)A municipality that has enacted or adopted a municipal
   78  charter as of July 1, 2018, shall file an electronic copy of its
   79  charter and each adopted amendment with the Department of State
   80  by October 1, 2018. A municipality that adopts a charter, as set
   81  forth in chapter 165, or adopts an amendment to such charter
   82  after July 1, 2018, shall file an electronic copy of the charter
   83  or amendment, as applicable, with the Department of State within
   84  90 days after adoption of the amendment or the charter, as
   85  applicable. Notwithstanding any provision of law to the
   86  contrary, a municipality that fails to comply with this
   87  subsection may not levy a new tax, levy or collect an existing
   88  tax, or issue a bond until the municipality complies with this
   89  subsection.
   90         Section 5. Section 189.013, Florida Statutes, is amended to
   91  read:
   92         189.013 Special districts; creation, dissolution, and
   93  reporting requirements.—
   94         (1) All special districts, regardless of the existence of
   95  other, more specific provisions of applicable law, shall comply
   96  with the creation, dissolution, and reporting requirements set
   97  forth in this chapter.
   98         (2)A special district that has enacted or adopted a
   99  charter as of July 1, 2018, shall file an electronic copy of its
  100  charter and each adopted amendment with the Department of State
  101  by October 1, 2018. A special district that adopts a charter or
  102  an amendment to a charter after July 1, 2018, shall file an
  103  electronic copy of the charter or amendment, as applicable, with
  104  the Department of State within 90 days after adoption of the
  105  charter or the amendment. Notwithstanding any provision of law
  106  to the contrary, a special district that fails to comply with
  107  this subsection may not levy a new tax, levy or collect an
  108  existing tax, or issue a bond until the special district
  109  complies with this subsection.
  110         Section 6. The Department of State may adopt rules pursuant
  111  to s. 20.10(3), Florida Statutes, to implement and administer
  112  this act.
  113         Section 7. The Legislature finds that a proper and
  114  legitimate state purpose is served when public charters and
  115  amendments are made readily available to the public and that
  116  such access ensures transparency with regard to the creating
  117  documents and any future amendments. Therefore, the Legislature
  118  determines and declares that this act fulfills an important
  119  state interest.
  120         Section 8. This act shall take effect July 1, 2018.