Florida Senate - 2024                                    SB 1058
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01329B-24                                           20241058__
    1                        A bill to be entitled                      
    2         An act relating to special districts; repealing s.
    3         163.3756, F.S., relating to inactive community
    4         redevelopment agencies; amending s. 163.504, F.S.;
    5         prohibiting the creation of new safe neighborhood
    6         improvement districts after a date certain; repealing
    7         s. 165.0615, F.S., relating to municipal conversion of
    8         independent special districts upon an elector
    9         initiated and approved referendum; creating s.
   10         189.0312, F.S.; providing term limits for elected
   11         members of governing bodies of independent special
   12         districts; providing an exception; providing
   13         construction; creating s. 189.0313, F.S.; requiring
   14         continuation of independent special districts that
   15         levy ad valorem taxes; providing procedures in the
   16         event a certain ballot question is approved by voters;
   17         providing procedures in the event the ballot question
   18         is not approved by voters; requiring the governing
   19         body of the district to adopt a dissolution plan
   20         within a certain timeframe and to post such
   21         dissolution plan in the specified manner; providing
   22         the ballot question; providing applicability; amending
   23         s. 189.062, F.S.; providing additional criteria for
   24         declaring a special district inactive; providing
   25         exceptions; requiring certain special districts to
   26         provide notice of a proposed declaration of inactive
   27         status to the county or municipality under certain
   28         circumstances; revising the time period for filing an
   29         objection to a proposed declaration; authorizing a
   30         specific objection; providing that a district declared
   31         inactive may only expend funds as necessary to service
   32         outstanding debt; making technical changes; creating
   33         s. 189.0694, F.S.; requiring special districts to
   34         establish performance measures to assess performance;
   35         requiring special districts to publish an annual
   36         report; providing requirements for the report;
   37         amending s. 189.0695, F.S.; requiring the Office of
   38         Program Policy Analysis and Government Accountability
   39         to annually conduct performance reviews of safe
   40         neighborhood improvement districts; amending s.
   41         189.016, F.S.; requiring certain independent special
   42         districts to file reports and information to specified
   43         entities; amending s. 190.005, F.S.; requiring that a
   44         petition for creation of a community development
   45         district contain specified information; making
   46         technical changes; amending s. 191.013, F.S.;
   47         requiring independent special fire control districts
   48         to report annually, by a specified date, information
   49         regarding the completion of required trainings and the
   50         receipt of required certifications by certain
   51         firefighters to the Division of State Fire Marshal;
   52         amending s. 388.271, F.S.; requiring, instead of
   53         authorizing, special districts to file tentative work
   54         plans and work plan budgets at specified intervals;
   55         requiring the Department of Agriculture and Consumer
   56         Services to report to the Department of Commerce if
   57         certain special districts fail to submit specified
   58         information; making technical changes; amending s.
   59         388.46, F.S.; requiring the Florida Coordinating
   60         Council on Mosquito Control to establish, by a
   61         specified date, model measures to assist districts in
   62         conducting performance monitoring; providing an
   63         effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Section 163.3756, Florida Statutes, is repealed.
   68         Section 2. Section 163.504, Florida Statutes, is amended to
   69  read:
   70         163.504 Safe neighborhood improvement districts; formation
   71  authorized by ordinance; jurisdictional boundaries; prohibition
   72  on future creation.—
   73         (1) The governing body of any municipality or county may
   74  authorize the formation of safe neighborhood improvement
   75  districts through the adoption of a planning ordinance which
   76  specifies that such districts may be created by one or more of
   77  the methods established in ss. 163.506, 163.508, 163.511, and
   78  163.512. No district may overlap the jurisdictional boundaries
   79  of a municipality and the unincorporated area of a county,
   80  except by interlocal agreement.
   81         (2)A safe neighborhood improvement district may not be
   82  created on or after July 1, 2024. A safe neighborhood
   83  improvement district in existence before July 1, 2024, may
   84  continue to operate as provided in this part.
   85         Section 3. Section 165.0615, Florida Statutes, is repealed.
   86         Section 4. Section 189.0312, Florida Statutes, is created
   87  to read:
   88         189.0312Term of office.—
   89         (1)A member of an elected governing body of an independent
   90  special district may not serve for more than 12 consecutive
   91  years, unless the district’s charter provides for more
   92  restrictive terms of office. Service of a term of office that
   93  commenced before November 5, 2024, does not count toward the
   94  limitation imposed by this subsection.
   95         (2)This section does not apply to a community development
   96  district established under chapter 190 or an independent special
   97  district created pursuant to a special act that provides that
   98  any amendment to chapter 190 to grant additional powers
   99  constitutes a power of the district.
  100         (3)This section does not require an independent special
  101  district governed by an appointed governing body to convert to
  102  an elected governing body.
  103         Section 5. Section 189.0313, Florida Statutes, is created
  104  to read:
  105         189.0313Independent special districts with ad valorem
  106  taxing powers; voter reauthorization.—
  107         (1)The governing body of each independent special district
  108  that exercises ad valorem taxing powers created:
  109         (a)Before January 1, 2018, shall conduct a referendum to
  110  be held in conjunction with the general election held on
  111  November 3, 2026, containing the ballot question described in
  112  subsection (3).
  113         (b)On or after January 1, 2018, shall conduct a referendum
  114  to be held in conjunction with the next general election held 10
  115  years after the creation date of the district containing the
  116  ballot question in subsection (3).
  117         (2)(a)If a majority of the qualified electors voting in
  118  the referendum approves the continuation of the independent
  119  special district, the governing body of the special district
  120  must conduct another referendum containing the ballot question
  121  in subsection (3) held in conjunction with the general election
  122  every 10 years thereafter until such time as the continuation of
  123  the independent special district is no longer approved by a
  124  majority vote of the qualified electors voting in the
  125  referendum.
  126         (b)If a majority of the qualified electors does not
  127  approve the continuation of the independent special district,
  128  the governing body of the district may not incur any additional
  129  obligations or indebtedness, including the issuance of new bonds
  130  or extending the maturity date of any outstanding bonds, other
  131  than expenses incurred in the ordinary course of business.
  132  Within 90 days after the date of such referendum, the governing
  133  body of the district shall, by resolution, adopt a dissolution
  134  plan that includes provisions for liquidating all of the
  135  district’s assets, satisfying all of the district’s obligations
  136  and indebtedness, ensuring the continuity of public services
  137  provided by the district, and providing a date on which the
  138  district will terminate its operations. The resolution must be
  139  considered at a public meeting held specifically to consider the
  140  dissolution plan which is not a regularly scheduled or emergency
  141  meeting of the governing body of the independent special
  142  district. The proposed dissolution plan must be posted on the
  143  district’s official website at least 2 days before the meeting.
  144  The adopted dissolution plan must be posted on the independent
  145  special district’s official website within 30 days after
  146  adoption and must remain on the website. The governing body of
  147  the district shall submit its dissolution plan to the local
  148  governing authority or authorities and to the department within
  149  30 days after adoption.
  150         (3)A referendum called pursuant to this section must
  151  contain a ballot question in substantially the following form:
  152  
  153         Should the independent special district known as the
  154         (name of district), which has the authority to levy
  155         each year an ad valorem tax not to exceed (maximum
  156         millage approved by the voters) to fund (type of
  157         service provided by district), be continued for
  158         another 10 years?
  159         .... YES
  160         .... NO
  161  
  162         (4)This section does not apply to a community development
  163  district established pursuant to chapter 190, a water management
  164  district created and operated pursuant to chapter 373, an inland
  165  navigation district established pursuant to chapter 374, or an
  166  independent special district created pursuant to a special act
  167  that provides that any amendment to chapter 190 to grant
  168  additional powers constitutes a power of that district.
  169         Section 6. Subsections (1) and (2) of section 189.062,
  170  Florida Statutes, are amended to read:
  171         189.062 Special procedures for inactive districts.—
  172         (1) The department shall declare inactive any special
  173  district in this state by documenting that:
  174         (a) The special district meets one of the following
  175  criteria:
  176         1. The registered agent of the district, the chair of the
  177  governing body of the district, or the governing body of the
  178  appropriate local general-purpose government notifies the
  179  department in writing that the district has taken no action for
  180  2 or more years;
  181         2. The registered agent of the district, the chair of the
  182  governing body of the district, or the governing body of the
  183  appropriate local general-purpose government notifies the
  184  department in writing that the district has not had a governing
  185  body or a sufficient number of governing body members to
  186  constitute a quorum for 2 or more years;
  187         3. The registered agent of the district, the chair of the
  188  governing body of the district, or the governing body of the
  189  appropriate local general-purpose government fails to respond to
  190  an inquiry by the department within 21 days;
  191         4. The department determines, pursuant to s. 189.067, that
  192  the district has failed to file any of the reports listed in s.
  193  189.066;
  194         5. The district has not had a registered office and agent
  195  on file with the department for 1 or more years; or
  196         6. The governing body of a special district provides
  197  documentation to the department that it has unanimously adopted
  198  a resolution declaring the special district inactive. The
  199  special district is responsible for payment of any expenses
  200  associated with its dissolution;.
  201         7.The district is an independent special district or a
  202  community redevelopment district created under part III of
  203  chapter 163 which has reported no revenue, no expenditures, and
  204  no debt under s. 189.016(9) or s. 218.32 for at least 5
  205  consecutive fiscal years beginning no earlier than October 1,
  206  2018. This subparagraph does not apply to a community
  207  development district established under chapter 190 or to any
  208  independent special district operating pursuant to a special act
  209  that provides that any amendment to chapter 190 to grant
  210  additional powers constitutes a power of that district;
  211         8.The district has unresolved audit findings for three
  212  consecutive annual financial audit reports performed pursuant to
  213  s. 218.39; or
  214         9.For a mosquito control district created pursuant to
  215  chapter 388, the department has received notice from the
  216  Department of Agriculture and Consumer Services that the
  217  district has failed to file a tentative work plan and tentative
  218  detailed work plan budget as required by s. 388.271.
  219         (b) The department, special district, or local general
  220  purpose government has published a notice of proposed
  221  declaration of inactive status in a newspaper of general
  222  circulation in the county or municipality in which the territory
  223  of the special district is located and has sent a copy of such
  224  notice by certified mail to the registered agent or chair of the
  225  governing body, if any. If the special district is a dependent
  226  special district with a governing body that is not identical to
  227  the governing body of a single county or a single municipality,
  228  a copy of such notice must also be sent by certified mail to the
  229  governing body of the county or municipality on which the
  230  district is dependent. Such notice must include the name of the
  231  special district, the law under which it was organized and
  232  operating, a general description of the territory included in
  233  the special district, and a statement that any objections must
  234  be filed pursuant to chapter 120 within 30 21 days after the
  235  publication date. The objections may include that the special
  236  district has outstanding debt obligations that are not included
  237  in reports required under s. 189.016(9) or s. 218.32.
  238         (c) Thirty Twenty-one days have elapsed from the
  239  publication date of the notice of proposed declaration of
  240  inactive status and no administrative appeals were filed.
  241         (2) If any special district is declared inactive pursuant
  242  to this section, the district may only expend funds as necessary
  243  to service outstanding debt. The property or assets of the
  244  special district are subject to legal process for payment of any
  245  debts of the district. After the payment of all the debts of
  246  said inactive special district, the remainder of its property or
  247  assets must shall escheat to the county or municipality wherein
  248  located. If, however, it is shall be necessary, in order to pay
  249  any such debt, to levy any tax or taxes on the property in the
  250  territory or limits of the inactive special district, the same
  251  may be assessed and levied by order of the local general-purpose
  252  government wherein the same is situated and shall be assessed by
  253  the county property appraiser and collected by the county tax
  254  collector.
  255         Section 7. Section 189.0694, Florida Statutes, is created
  256  to read:
  257         189.0694Special districts; performance measures and
  258  standards.—
  259         (1)Beginning October 1, 2024, or by the end of the first
  260  full fiscal year after its creation, whichever is later, each
  261  special district shall establish goals and objectives for each
  262  program and activity undertaken by the district, as well as
  263  performance measures and standards to determine whether the
  264  district’s goals and objectives are being achieved.
  265         (2)By October 1 of each year thereafter, each special
  266  district shall publish an annual report on the district’s
  267  website describing:
  268         (a)The goals and objectives achieved by the district, as
  269  well as the performance measures and standards used by the
  270  district to make this determination.
  271         (b)Any goals or objectives the district failed to achieve.
  272         Section 8. Subsection (3) of section 189.0695, Florida
  273  Statutes, is amended to read:
  274         189.0695 Independent special districts; performance
  275  reviews.—
  276         (3) The Office of Program Policy Analysis and Government
  277  Accountability shall must conduct a performance review of all
  278  independent special districts within the classifications
  279  described in paragraphs (a), and (b), and (c) and may contract
  280  as needed to complete the requirements of this subsection. The
  281  Office of Program Policy Analysis and Government Accountability
  282  shall submit the final report of the performance review to the
  283  President of the Senate and the Speaker of the House of
  284  Representatives as follows:
  285         (a) For all independent mosquito control districts as
  286  defined in s. 388.011, no later than September 30, 2023.
  287         (b) For all soil and water conservation districts as
  288  defined in s. 582.01, no later than September 30, 2024.
  289         (c)For all safe neighborhood improvement districts as
  290  defined in s. 163.503(1), no later than September 30, 2025.
  291         Section 9. Subsection (10) of section 189.016, Florida
  292  Statutes, is amended to read:
  293         189.016 Reports; budgets; audits.—
  294         (10) All reports or information required to be filed with a
  295  local general-purpose government or governing authority under
  296  ss. 189.014, 189.015, 189.0313, and 189.08 and subsection (8)
  297  must:
  298         (a) If the local general-purpose government or governing
  299  authority is a county, be filed with the clerk of the board of
  300  county commissioners.
  301         (b) If the district is a multicounty district, be filed
  302  with the clerk of the county commission in each county.
  303         (c) If the local general-purpose government or governing
  304  authority is a municipality, be filed at the place designated by
  305  the municipal governing body.
  306         Section 10. Paragraph (a) of subsection (1) of section
  307  190.005, Florida Statutes, is amended to read:
  308         190.005 Establishment of district.—
  309         (1) The exclusive and uniform method for the establishment
  310  of a community development district with a size of 2,500 acres
  311  or more shall be pursuant to a rule, adopted under chapter 120
  312  by the Florida Land and Water Adjudicatory Commission, granting
  313  a petition for the establishment of a community development
  314  district.
  315         (a) A petition for the establishment of a community
  316  development district must shall be filed by the petitioner with
  317  the Florida Land and Water Adjudicatory Commission. The petition
  318  must shall contain:
  319         1. A metes and bounds description of the external
  320  boundaries of the district. Any real property within the
  321  external boundaries of the district which is to be excluded from
  322  the district must shall be specifically described, and the last
  323  known address of all owners of such real property must shall be
  324  listed. The petition must shall also address the impact of the
  325  proposed district on any real property within the external
  326  boundaries of the district which is to be excluded from the
  327  district.
  328         2. The written consent to the establishment of the district
  329  by all landowners whose real property is to be included in the
  330  district or documentation demonstrating that the petitioner has
  331  control by deed, trust agreement, contract, or option of 100
  332  percent of the real property to be included in the district, and
  333  when real property to be included in the district is owned by a
  334  governmental entity and subject to a ground lease as described
  335  in s. 190.003(14), the written consent by such governmental
  336  entity.
  337         3. A designation of five persons to be the initial members
  338  of the board of supervisors, who shall serve in that office
  339  until replaced by elected members as provided in s. 190.006.
  340         4. The proposed name of the district.
  341         5. A map of the proposed district showing current major
  342  trunk water mains and sewer interceptors and outfalls if in
  343  existence.
  344         6. Based upon available data, the proposed timetable for
  345  construction of the district services and the estimated cost of
  346  constructing the proposed services. These estimates must shall
  347  be submitted in good faith but are not binding and may be
  348  subject to change.
  349         7. A designation of the future general distribution,
  350  location, and extent of public and private uses of land proposed
  351  for the area within the district by the future land use plan
  352  element of the effective local government comprehensive plan of
  353  which all mandatory elements have been adopted by the applicable
  354  general-purpose local government in compliance with the
  355  Community Planning Act.
  356         8. A statement of estimated regulatory costs in accordance
  357  with the requirements of s. 120.541.
  358         9.A sworn affidavit, signed by the petitioner, attesting
  359  that the planned development of the proposed district will
  360  contain sufficient residential units for at least 250 qualified
  361  electors within a proposed district of 5,000 acres or less, or
  362  at least 500 qualified electors within a proposed district
  363  exceeding 5,000 acres or a compact, urban, mixed-use district.
  364         Section 11. Subsection (3) is added to section 191.013,
  365  Florida Statutes, to read:
  366         191.013 Intergovernmental coordination.—
  367         (3)By October 1 of each year, each independent special
  368  fire control district shall report to the Division of State Fire
  369  Marshal regarding whether each of the district’s firefighters
  370  and volunteer firefighters have completed the required trainings
  371  and received the required certifications established by the
  372  division pursuant to s. 633.408.
  373         Section 12. Subsection (1) of section 388.271, Florida
  374  Statutes, is amended, and subsection (3) is added to that
  375  section, to read:
  376         388.271 Prerequisites to participation.—
  377         (1) When state funds are involved, it is the duty of the
  378  department to guide, review, approve, and coordinate the
  379  activities of all county governments and special districts
  380  receiving state funds in furtherance of the goal of integrated
  381  arthropod control. Each county or district eligible to
  382  participate hereunder may, and each district must, begin
  383  participation on October 1 of any year by filing with the
  384  department not later than July 15 a tentative work plan and
  385  tentative detailed work plan budget providing for the control of
  386  arthropods. Following approval of the plan and budget by the
  387  department, two copies of the county’s or district’s certified
  388  budget based on the approved work plan and detailed work plan
  389  budget must shall be submitted to the department by September 30
  390  following. State funds, supplies, and services must shall be
  391  made available to such county or district by and through the
  392  department immediately upon release of funds by the Executive
  393  Office of the Governor.
  394         (3)If a special district fails to submit a tentative work
  395  plan and tentative detailed work plan budget as required by
  396  subsection (1), the department must send notice of such failure
  397  to the Department of Commerce within 30 days.
  398         Section 13. Paragraph (c) of subsection (2) of section
  399  388.46, Florida Statutes, is amended to read:
  400         388.46 Florida Coordinating Council on Mosquito Control;
  401  establishment; membership; organization; responsibilities.—
  402         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
  403         (c) Responsibilities.—The council shall:
  404         1. Develop and implement guidelines to assist the
  405  department in resolving disputes arising over the control of
  406  arthropods on publicly owned lands.
  407         2. Develop and recommend to the department a request for
  408  proposal process for arthropod control research.
  409         3. Identify potential funding sources for research or
  410  implementation projects and evaluate and prioritize proposals
  411  upon request by the funding source.
  412         4. Prepare and present reports, as needed, on arthropod
  413  control activities in the state to other governmental
  414  organizations, as appropriate.
  415         5.By August 30, 2024, develop model goals, objectives, and
  416  performance measures and standards to assist mosquito control
  417  districts in conducting performance monitoring pursuant to s.
  418  189.0694.
  419         Section 14. This act shall take effect July 1, 2024.