Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for HB 7013
Ì613928DÎ613928
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1/AD/2R . Floor: C
03/04/2024 07:08 PM . 03/07/2024 05:19 PM
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Hutson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 82 - 383
4 and insert:
5 (1) A member elected by the qualified electors of the
6 district to the governing body of an independent special
7 district may not serve for more than 12 consecutive years,
8 unless the district’s charter provides for more restrictive
9 terms of office. Service of a term of office that commenced
10 before November 5, 2024, does not count toward the limitation
11 imposed by this subsection.
12 (2) This section does not apply to a community development
13 district established under chapter 190, or an independent
14 special district created pursuant to a special act that provides
15 that any amendment to chapter 190 to grant additional powers
16 constitutes a power of the district.
17 (3) This section does not require an independent special
18 district governed by an appointed governing body to convert to
19 an elected governing body.
20 Section 5. Section 189.0313, Florida Statutes, is created
21 to read:
22 189.0313 Independent special districts; boundaries;
23 exception.—Notwithstanding any special law or general law of
24 local application to the contrary, the boundaries of an
25 independent special district shall only be changed by general
26 law or special act. This section does not apply to a community
27 development district established pursuant to chapter 190.
28 Section 6. Subsections (1) and (2) of section 189.062,
29 Florida Statutes, are amended to read:
30 189.062 Special procedures for inactive districts.—
31 (1) The department shall declare inactive any special
32 district in this state by documenting that:
33 (a) The special district meets one of the following
34 criteria:
35 1. The registered agent of the district, the chair of the
36 governing body of the district, or the governing body of the
37 appropriate local general-purpose government notifies the
38 department in writing that the district has taken no action for
39 2 or more years;
40 2. The registered agent of the district, the chair of the
41 governing body of the district, or the governing body of the
42 appropriate local general-purpose government notifies the
43 department in writing that the district has not had a governing
44 body or a sufficient number of governing body members to
45 constitute a quorum for 2 or more years;
46 3. The registered agent of the district, the chair of the
47 governing body of the district, or the governing body of the
48 appropriate local general-purpose government fails to respond to
49 an inquiry by the department within 21 days;
50 4. The department determines, pursuant to s. 189.067, that
51 the district has failed to file any of the reports listed in s.
52 189.066;
53 5. The district has not had a registered office and agent
54 on file with the department for 1 or more years; or
55 6. The governing body of a special district provides
56 documentation to the department that it has unanimously adopted
57 a resolution declaring the special district inactive. The
58 special district is responsible for payment of any expenses
59 associated with its dissolution;.
60 7. The district is an independent special district or a
61 community redevelopment district created under part III of
62 chapter 163 that has reported no revenue, no expenditures, and
63 no debt under s. 189.016(9) or s. 218.32 for at least 5
64 consecutive fiscal years beginning no earlier than October 1,
65 2018. This subparagraph does not apply to a community
66 development district established under chapter 190 or to any
67 independent special district operating pursuant to a special act
68 that provides that any amendment to chapter 190 to grant
69 additional powers constitutes a power of that district; or
70 8. For a mosquito control district created pursuant to
71 chapter 388, the department has received notice from the
72 Department of Agriculture and Consumer Services that the
73 district has failed to file a tentative work plan and tentative
74 detailed work plan budget as required by s. 388.271.
75 (b) The department, special district, or local general
76 purpose government has published a notice of proposed
77 declaration of inactive status in a newspaper of general
78 circulation in the county or municipality in which the territory
79 of the special district is located and has sent a copy of such
80 notice by certified mail to the registered agent or chair of the
81 governing body, if any. If the special district is a dependent
82 special district with a governing body that is not identical to
83 the governing body of a single county or a single municipality,
84 a copy of such notice must also be sent by certified mail to the
85 governing body of the county or municipality on which the
86 district is dependent. Such notice must include the name of the
87 special district, the law under which it was organized and
88 operating, a general description of the territory included in
89 the special district, and a statement that any objections must
90 be filed pursuant to chapter 120 within 30 21 days after the
91 publication date. The objections may include that the special
92 district has outstanding debt obligations that are not included
93 in reports required under s. 189.016(9) or s. 218.32.
94 (c) Thirty Twenty-one days have elapsed from the
95 publication date of the notice of proposed declaration of
96 inactive status and no administrative appeals were filed.
97 (2) If any special district is declared inactive pursuant
98 to this section, the district may only expend funds as necessary
99 to service outstanding debt and to comply with existing bond
100 covenants and other contractual obligations. The property or
101 assets of the special district are subject to legal process for
102 payment of any debts of the district. After the payment of all
103 the debts of said inactive special district, the remainder of
104 its property or assets shall escheat to the county or
105 municipality wherein located. If, however, it shall be
106 necessary, in order to pay any such debt, to levy any tax or
107 taxes on the property in the territory or limits of the inactive
108 special district, the same may be assessed and levied by order
109 of the local general-purpose government wherein the same is
110 situated and shall be assessed by the county property appraiser
111 and collected by the county tax collector.
112 Section 7. Section 189.0694, Florida Statutes, is created
113 to read:
114 189.0694 Special districts; performance measures and
115 standards.-
116 (1) Beginning October 1, 2024, or by the end of the first
117 full fiscal year after its creation, whichever is later, each
118 special district must establish goals and objectives for each
119 program and activity undertaken by the district, as well as
120 performance measures and standards to determine if the
121 district’s goals and objectives are being achieved.
122 (2) By December 1 of each year thereafter, each special
123 district must publish an annual report on the district’s website
124 describing:
125 (a) The goals and objectives achieved by the district, as
126 well as the performance measures and standards used by the
127 district to make this determination.
128 (b) Any goals or objectives the district failed to achieve.
129 Section 8. Paragraph (c) is added to subsection (3) of
130 section 189.0695, Florida Statutes, to read:
131 189.0695 Independent special districts; performance
132 reviews.—
133 (3) The Office of Program Policy Analysis and Government
134 Accountability must conduct a performance review of all
135 independent special districts within the classifications
136 described in paragraphs (a), and (b), and (c) and may contract
137 as needed to complete the requirements of this subsection. The
138 Office of Program Policy Analysis and Government Accountability
139 shall submit the final report of the performance review to the
140 President of the Senate and the Speaker of the House of
141 Representatives as follows:
142 (c) For all safe neighborhood improvement districts as
143 defined in s. 163.503(1), no later than September 30, 2025.
144 Section 9. Section 190.047, Florida Statutes, is repealed.
145 Section 10. Subsection (3) is added to section 191.013,
146 Florida Statutes, to read:
147 191.013 Intergovernmental coordination.—
148 (3) By October 1 of each year, each independent special
149 fire control district shall report to the Division of State Fire
150 Marshal regarding whether each of the district’s volunteer
151 firefighters has completed the required trainings and received
152 the required certifications established by the division pursuant
153 to s. 633.408.
154 Section 11. Section 388.211, Florida Statutes, is amended
155 to read:
156 388.211 Change in district boundaries.—
157 (1) The boundaries of each district may only be changed by
158 a special act of the Legislature The board of commissioners of
159 any district formed prior to July 1, 1980, may, for and on
160 behalf of the district or the qualified electors within or
161 without the district, request that the board of county
162 commissioners in each county having land within the district
163 approve a change in the boundaries of the district.
164 (2) If the board of county commissioners approves such
165 change, an amendment shall be made to the order creating the
166 district to conform with the boundary change.
167 Section 12. Subsection (1) of section 388.221, Florida
168 Statutes, is amended to read:
169 388.221 Tax levy.—
170 (1) The board of commissioners of such district may levy
171 upon all of the real and personal taxable property in said
172 district a special tax not exceeding 1 mill 10 mills on the
173 dollar during each year as maintenance tax to be used solely for
174 the purposes authorized and prescribed by this chapter. The
175 board of commissioners of a district may increase such special
176 tax to no more than 2 mills on the dollar if the increase is
177 approved by a referendum of the qualified electors of the
178 district held at a general election. Said board shall by
179 resolution certify to the property appraiser of the county in
180 which the property is situate, timely for the preparation of the
181 tax roll, the tax rate to be applied in determining the amount
182 of the district’s annual maintenance tax. Certified copies of
183 such resolution executed in the name of said board by its chair
184 and secretary and under its corporate seal shall be made and
185 delivered to the property appraiser and the board of county
186 commissioners of the county in which such district is located,
187 and to the Department of Revenue not later than September 30 of
188 such year. The property appraiser of said county shall assess
189 and the tax collector of said county shall collect the amount of
190 taxes so assessed and levied by said board of commissioners of
191 said district upon all of the taxable real and personal property
192 in said district at the rate of taxation adopted by said board
193 for said year and included in said resolution, and said levy
194 shall be included in the warrants of the property appraiser and
195 attached to the assessment roll of taxes for said county each
196 year. The tax collector shall collect such taxes so levied by
197 said board in the same manner as other taxes are collected and
198 shall pay the same within the time and in the manner prescribed
199 by law to the treasurer of said board. The Department of Revenue
200 shall assess and levy on all the railroad lines and railroad
201 property and telegraph and telephone lines and telegraph and
202 telephone property situated in said district in the amount of
203 each such levy as in case of other state and county taxes and
204 shall collect said taxes thereon in the same manner as it is
205 required by law to assess and collect taxes for state and county
206 purposes and remit the same to the treasurer of said board. All
207 such taxes shall be held by said treasurer for the credit of
208 said board and paid out by him or her as ordered by said board.
209 Section 13. Subsection (1) of section 388.271, Florida
210 Statutes, is amended, and subsection (3) is added to that
211 section, to read:
212 388.271 Prerequisites to participation.—
213 (1) When state funds are involved, it is the duty of the
214 department to guide, review, approve, and coordinate the
215 activities of all county governments and special districts
216 receiving state funds in furtherance of the goal of integrated
217 arthropod control. Each county or district eligible to
218 participate hereunder may, and each district must, begin
219 participation on October 1 of any year by filing with the
220 department not later than July 15 a tentative work plan and
221 tentative detailed work plan budget providing for the control of
222 arthropods. Following approval of the plan and budget by the
223 department, two copies of the county’s or district’s certified
224 budget based on the approved work plan and detailed work plan
225 budget shall be submitted to the department by September 30
226 following. State funds, supplies, and services shall be made
227 available to such county or district by and through the
228 department immediately upon release of funds by the Executive
229 Office of the Governor.
230 (3) If a special district fails to submit a tentative work
231 plan and tentative detailed work plan budget as required by
232 subsection (1), the department shall send notice of such failure
233 to the Department of Commerce within 30 days.
234 ================= T I T L E A M E N D M E N T ================
235 And the title is amended as follows:
236 Delete lines 10 - 54
237 and insert:
238 providing term limits for members of governing bodies
239 of independent special districts elected by the
240 qualified electors of the district; providing an
241 exception; providing construction; creating s.
242 189.0313, F.S.; providing the method for changing
243 boundaries of an independent special district;
244 providing an exception; amending s. 189.062, F.S.;
245 providing additional criteria for declaring a special
246 district inactive; requiring certain special districts
247 to provide notice of a proposed declaration of
248 inactive status in the county or municipality under
249 certain circumstances; revising the time period for
250 filing an objection to a proposed declaration;
251 authorizing a specific objection; providing that a
252 district declared inactive may only expend funds as
253 necessary to service outstanding debt and to comply
254 with existing bond covenants and contractual
255 obligations; creating s. 189.0694, F.S.; requiring
256 special districts to establish performance measures to
257 assess performance; requiring special districts to
258 publish an annual report concerning performance
259 measures; amending s. 189.0695, F.S.; requiring the
260 Office of Program Policy Analysis and Governmental
261 Accountability to conduct performance reviews;
262 repealing s. 190.047, F.S., relating to incorporation
263 or annexation of a district; amending s. 191.013,
264 F.S.; requiring independent special fire control
265 districts to annually report training and
266 certification information regarding volunteer
267 firefighters to the Division of State Fire Marshal;
268 amending s. 388.211, F.S.; providing the boundaries of
269 a mosquito control district may only be changed by
270 special act; amending s. 388.221, F.S.; reducing the
271 maximum millage rate for mosquito control districts;
272 providing an exception; amending s. 388.271, F.S.;
273 requiring, instead of authorizing, special districts
274 to file tentative work plans and work plan budgets at
275 specified intervals; requiring the Department of
276 Agriculture and Consumer Services to report to the
277 Department of Commerce if certain special districts
278 fail to submit specified information; providing an
279 effective date.