Bill Text: FL H0713 | 2011 | Regular Session | Comm Sub

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Bill Title: Special Districts

Spectrum:

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0713 Detail]

Download: Florida-2011-H0713-Comm_Sub.html

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CS/CS/CS/HB 713

1	A bill to be entitled
2	An act relating to special districts; amending s.
3	189.4042, F.S.; revising provisions relating to merger and
4	dissolution procedures for special districts; providing
5	definitions; requiring the merger or dissolution of
6	dependent special districts created by a special act to be
7	effectuated by the Legislature; providing for the merger
8	or dissolution of inactive special districts by special
9	act without referenda; requiring involuntary dissolution
10	procedures for independent special districts to include
11	referenda; providing for the dissolution of inactive
12	independent special districts by special act; providing
13	for local governments to assume indebtedness of, and
14	receive title to property owned by, special districts
15	under certain circumstances; providing for the merger of
16	certain independent special districts by the Legislature;
17	providing procedures and requirements for the voluntary
18	merger of contiguous independent special districts;
19	limiting the authority of the merged district to levy and
20	collect revenue until a unified charter is approved by the
21	Legislature; providing for the effect of the merger on
22	employees, legal liabilities, obligations, proceedings,
23	and annexation; providing for the determination of certain
24	rights by the governing body of the merged district;
25	providing that such provisions preempt certain special
26	acts; providing procedures and requirements for the
27	involuntary merger of independent special districts;
28	providing exemptions from merger and dissolution
29	procedures; amending s. 191.014, F.S.; deleting a
30	provision relating to the conditions under which the
31	merger of independent special districts or dependent fire
32	control districts with other special districts is
33	effective and the conditions under which a merged district
34	is authorized to increase ad valorem taxes; amending s.
35	189.4044, F.S.; revising criteria by which special
36	districts are declared inactive by a governing body;
37	authorizing such districts to be dissolved without a
38	referendum; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 189.4042, Florida Statutes, is amended
43	to read:
44	189.4042  Merger and dissolution procedures.-
45	(1)  DEFINITIONS.-As used in this section, the term:
46	(a)  "Component independent special district" means an
47	independent special district that proposes to be merged into a
48	merged independent district, or an independent special district
49	as it existed before its merger into the merged independent
50	district of which it is now a part.
51	(b)  "Elector-initiated merger plan" means the merger plan
52	of two or more independent special districts, a majority of
53	whose qualified electors have elected to merge, which outlines
54	the terms and agreements for the official merger of the
55	districts and is finalized and approved by the governing bodies
56	of the districts pursuant to this section.
57	(c)  "Governing body" means the governing body of the
58	independent special district in which the general legislative,
59	governmental, or public powers of the district are vested and by
60	authority of which the official business of the district is
61	conducted.
62	(d)  "Initiative" means the filing of a petition containing
63	a proposal for a referendum to be placed on the ballot for
64	election.
65	(e)  "Joint merger plan" means the merger plan that is
66	adopted by resolution of the governing bodies of two or more
67	independent special districts that outlines the terms and
68	agreements for the official merger of the districts and that is
69	finalized and approved by the governing bodies pursuant to this
70	section.
71	(f)  "Merged independent district" means a single
72	independent special district that results from a successful
73	merger of two or more independent special districts pursuant to
74	this section.
75	(g)  "Merger" means the combination of two or more
76	contiguous independent special districts resulting in a newly
77	created merged independent district that assumes jurisdiction
78	over all of the component independent special districts.
79	(h)  "Merger plan" means a written document that contains
80	the terms, agreements, and information regarding the merger of
81	two or more independent special districts.
82	(i)  "Proposed elector-initiated merger plan" means a
83	written document that contains the terms and information
84	regarding the merger of two or more independent special
85	districts and that accompanies the petition initiated by the
86	qualified electors of the districts but that is not yet
87	finalized and approved by the governing bodies of each component
88	independent special district pursuant to this section.
89	(j)  "Proposed joint merger plan" means a written document
90	that contains the terms and information regarding the merger of
91	two or more independent special districts and that has been
92	prepared pursuant to a resolution of the governing bodies of the
93	districts but that is not yet finalized and approved by the
94	governing bodies of each component independent special district
95	pursuant to this section.
96	(k)  "Qualified elector" means an individual at least 18
97	years of age who is a citizen of the United States, a permanent
98	resident of this state, and a resident of the district who
99	registers with the supervisor of elections of a county within
100	which the district lands are located when the registration books
101	are open.
102	(2)(1)  MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL
103	DISTRICT.-
104	(a)  The merger or dissolution of a dependent special
105	district districts may be effectuated by an ordinance of the
106	general-purpose local governmental entity wherein the
107	geographical area of the district or districts is located.
108	However, a county may not dissolve a special district that is
109	dependent to a municipality or vice versa, or a dependent
110	district created by special act.
111	(b)  The merger or dissolution of a dependent special
112	district created and operating pursuant to a special act may be
113	effectuated only by further act of the Legislature unless
114	otherwise provided by general law.
115	(c)  A dependent special district that meets any criteria
116	for being declared inactive, or that has already been declared
117	inactive, pursuant to s. 189.4044 may be dissolved or merged by
118	special act without a referendum.
119	(d)(b)  A copy of any ordinance and of any changes to a
120	charter affecting the status or boundaries of one or more
121	special districts shall be filed with the Special District
122	Information Program within 30 days after of such activity.
123	(3)(2)  DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT.-
124	(a)  Voluntary dissolution.-The voluntary merger or
125	dissolution of an independent special district or a dependent
126	district created and operating pursuant to a special act may
127	only be effectuated only by the Legislature unless otherwise
128	provided by general law.
129	(b)  Involuntary dissolution.-If a local general-purpose
130	government seeks to dissolve an active independent special
131	district created and operating pursuant to a special act whose
132	governing body objects by resolution to the dissolution, the
133	dissolution of the active independent special district is not
134	effective until a special act of the Legislature is approved by
135	a majority of the resident electors of the district or
136	landowners voting in the same manner by which the independent
137	special district's governing body is elected. This paragraph
138	also applies if an independent special district's governing body
139	elects to dissolve the district by less than a supermajority
140	vote of the governing body. The political subdivisions proposing
141	the involuntary dissolution of an active independent special
142	district shall be responsible for payment of any expenses
143	associated with the referendum required under this paragraph.
144	(c)  Inactive independent special districts.-An independent
145	special district that meets any criteria for being declared
146	inactive, or that has already been declared inactive, pursuant
147	to s. 189.4044 may be dissolved by special act without a
148	referendum. If an inactive independent special district was
149	created by a county or municipality through a referendum, the
150	county or municipality that created the district may dissolve
151	the district after publishing notice as described in s.
152	189.4044. If an independent special district was created by a
153	county or municipality by referendum or any other procedure, the
154	county or municipality that created the district may merge or
155	dissolve the district pursuant to a referendum or any other the
156	same procedure by which the independent district was created.
157	However, if the for any independent special district that has ad
158	valorem taxation powers, the same procedure required to grant
159	the such independent district ad valorem taxation powers is
160	shall also be required to dissolve or merge the district.
161	(d)  Debts and assets.-Financial allocations of the assets
162	and indebtedness of a dissolved independent special district
163	shall be pursuant to s. 189.4045.
164	(4)  LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS.-
165	The Legislature may merge independent special districts created
166	and operating pursuant to special act.
167	(5)  VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.-Two
168	or more contiguous independent special districts created by
169	special act which have similar functions and elected governing
170	bodies may elect to merge into a single independent district
171	through the act of merging the component independent special
172	districts.
173	(a)  Initiation.-Merger proceedings may commence by:
174	1.  A joint resolution of the governing bodies of each
175	independent special district which endorses a proposed joint
176	merger plan; or
177	2.  A qualified elector initiative.
178	(b)  Joint merger plan by resolution.-The governing bodies
179	of two or more contiguous independent special districts may, by
180	joint resolution, endorse a proposed joint merger plan to
181	commence proceedings to merge the districts pursuant to this
182	subsection.
183	1.  The proposed joint merger plan must specify:
184	a.  The name of each component independent special district
185	to be merged;
186	b.  The name of the proposed merged independent district;
187	c.  The rights, duties, and obligations of the proposed
188	merged independent district;
189	d.  The territorial boundaries of the proposed merged
190	independent district;
191	e.  The governmental organization of the proposed merged
192	independent district insofar as it concerns elected and
193	appointed officials and public employees, along with a
194	transitional plan and schedule for elections and appointments of
195	officials;
196	f.  A fiscal estimate of the potential cost or savings as a
197	result of the merger;
198	g.  Each component independent special district's assets,
199	including, but not limited to, real and personal property, and
200	the current value thereof;
201	h.  Each component independent special district's
202	liabilities and indebtedness, bonded and otherwise, and the
203	current value thereof;
204	i.  Terms for the assumption and disposition of existing
205	assets, liabilities, and indebtedness of each component
206	independent special district jointly, separately, or in defined
207	proportions;
208	j.  Terms for the common administration and uniform
209	enforcement of existing laws within the proposed merged
210	independent district;
211	k.  The times and places for public hearings on the
212	proposed joint merger plan;
213	l.  The times and places for a referendum in each component
214	independent special district on the proposed joint merger plan,
215	along with the referendum language to be presented for approval;
216	and
217	m.  The effective date of the proposed merger.
218	2.  The resolution endorsing the proposed joint merger plan
219	must be approved by a majority vote of the governing bodies of
220	each component independent special district and adopted at least
221	60 business days before any general or special election on the
222	proposed joint merger plan.
223	3.  Within 5 business days after the governing bodies
224	approve the resolution endorsing the proposed joint merger plan,
225	the governing bodies must:
226	a.  Cause a copy of the proposed joint merger plan, along
227	with a descriptive summary of the plan, to be displayed and be
228	readily accessible to the public for inspection in at least
229	three public places within the territorial limits of each
230	component independent special district, unless a component
231	independent special district has fewer than three public places,
232	in which case the plan must be accessible for inspection in all
233	public places within the component independent special district;
234	b.  If applicable, cause the proposed joint merger plan,
235	along with a descriptive summary of the plan and a reference to
236	the public places within each component independent special
237	district where a copy of the merger plan may be examined, to be
238	displayed on a website maintained by each district or on a
239	website maintained by the county or municipality in which the
240	districts are located; and
241	c.  Arrange for a descriptive summary of the proposed joint
242	merger plan, and a reference to the public places within the
243	district where a copy may be examined, to be published in a
244	newspaper of general circulation within the component
245	independent special districts at least once each week for 4
246	successive weeks.
247	4.  The governing body of each component independent
248	special district shall set a time and place for one or more
249	public hearings on the proposed joint merger plan. Each public
250	hearing shall be held on a weekday at least 7 business days
251	after the day the first advertisement is published on the
252	proposed joint merger plan. The hearing or hearings may be held
253	jointly or separately by the governing bodies of the component
254	independent special districts. Any interested person residing in
255	the respective district shall be given a reasonable opportunity
256	to be heard on any aspect of the proposed merger at the public
257	hearing.
258	a.  Notice of the public hearing addressing the resolution
259	for the proposed joint merger plan must be published pursuant to
260	the notice requirements in s. 189.417 and must provide a
261	descriptive summary of the proposed joint merger plan and a
262	reference to the public places within the component independent
263	special districts where a copy of the plan may be examined.
264	b.  After the final public hearing, the governing bodies of
265	each component independent special district may amend the
266	proposed joint merger plan if the amended version complies with
267	the notice and public hearing requirements provided in this
268	subsection. Thereafter, the governing bodies may approve a final
269	version of the joint merger plan or decline to proceed further
270	with the merger. Approval by the governing bodies of the final
271	version of the joint merger plan must occur within 60 business
272	days after the final hearing.
273	5.  After the final public hearing, the governing bodies
274	shall notify the supervisors of elections of the applicable
275	counties in which district lands are located of the adoption of
276	the resolution by each governing body. The supervisors of
277	elections shall schedule a separate referendum for each
278	component independent special district. The referenda may be
279	held in each district on the same day, or on different days, but
280	no more than 20 days apart.
281	a.  Notice of a referendum on the merger of independent
282	special districts must be provided pursuant to the notice
283	requirements in s. 100.342. At a minimum, the notice must
284	include:
285	(I)  A brief summary of the resolution and joint merger
286	plan;
287	(II)  A statement as to where a copy of the resolution and
288	joint merger plan may be examined;
289	(III)  The names of the component independent special
290	districts to be merged and a description of their territory;
291	(IV)  The times and places at which the referendum will be
292	held; and
293	(V)  Such other matters as may be necessary to call,
294	provide for, and give notice of the referendum and to provide
295	for the conduct thereof and the canvass of the returns.
296	b.  The referenda must be held in accordance with the
297	Florida Election Code and may be held pursuant to ss. 101.6101-
298	101.6107. All costs associated with the referenda shall be borne
299	by the respective component independent special district.
300	c.  The ballot question in such referendum placed before
301	the qualified electors of each component independent special
302	district to be merged must be in substantially the following
303	form:
304
305	"Shall (...name of component independent special
306	district...) and (...name of component independent special
307	district or districts...) be merged into (...name of newly
308	merged independent district...)?
309	_____YES
310	_____NO"
311
312	d.  If the component independent special districts
313	proposing to merge have disparate millage rates, the ballot
314	question in the referendum placed before the qualified electors
315	of each component independent special district must be in
316	substantially the following form:
317
318	"Shall (...name of component independent special
319	district...) and (...name of component independent special
320	district or districts...) be merged into (...name of newly
321	merged independent district...) if the voter-approved maximum
322	millage rate within each independent special district will not
323	increase absent a subsequent referendum?
324	_____YES
325	_____NO"
326
327	e.  In any referendum held pursuant to this subsection, the
328	ballots shall be counted, returns made and canvassed, and
329	results certified in the same manner as other elections or
330	referenda for the component independent special districts.
331	f.  The merger may not take effect unless a majority of the
332	votes cast in each component independent special district are in
333	favor of the merger. If one of the component districts does not
334	obtain a majority vote, the referendum fails, and merger does
335	not take effect.
336	g.  If the merger is approved by a majority of the votes
337	cast in each component independent special district, the merged
338	independent district is created. Upon approval, the merged
339	independent district shall notify the Special District
340	Information Program pursuant to s. 189.418(2) and the local
341	general-purpose governments in which any part of the component
342	independent special districts is situated pursuant to s.
343	189.418(7).
344	h.  If the referendum fails, the merger process under this
345	paragraph may not be initiated for the same purpose within 2
346	years after the date of the referendum.
347	6.  Component independent special districts merged pursuant
348	to a joint merger plan by resolution shall continue to be
349	governed as before the merger until the effective date specified
350	in the adopted joint merger plan.
351	(c)  Qualified elector-initiated merger plan.-The qualified
352	electors of two or more contiguous independent special districts
353	may commence a merger proceeding by each filing a petition with
354	the governing body of their respective independent special
355	district proposing to be merged. The petition must contain the
356	signatures of at least 40 percent of the qualified electors of
357	each component independent special district and must be
358	submitted to the appropriate component independent special
359	district governing body no later than 1 year after the start of
360	the qualified elector-initiated merger process.
361	1.  The petition must comply with, and be circulated in,
362	the following form:
363
364	PETITION FOR INDEPENDENT SPECIAL DISTRICT MERGER
365
366	We, the undersigned electors and legal voters of (...name
367	of independent special district...), qualified to vote at the
368	next general or special election, respectfully petition that
369	there be submitted to the electors and legal voters of (...name
370	of independent special district or districts proposed to be
371	merged...), for their approval or rejection at a referendum held
372	for that purpose, a proposal to merge (...name of component
373	independent special district...) and (...name of component
374	independent special district or districts...).
375
376	In witness thereof, we have signed our names on the date
377	indicated next to our signatures.
378
379	Date          Name (print under signature)          Home Address
380	___________________________________________________________
381	___________________________________________________________
382
383	2.  The petition must be validated by a signed statement by
384	a witness who is a duly qualified elector of one of the
385	component independent special districts, a notary public, or
386	another person authorized to take acknowledgements.
387	a.  A statement that is signed by a witness who is a duly
388	qualified elector of the respective district shall be accepted
389	for all purposes as the equivalent of an affidavit. Such
390	statement must be in substantially the following form:
391
392	"I, (...name of witness...), state that I am a duly
393	qualified voter of (...name of independent special district...).
394	Each of the (...insert number...) persons who have signed this
395	petition sheet has signed his or her name in my presence on the
396	dates indicated above and identified himself or herself to be
397	the same person who signed the sheet. I understand that this
398	statement will be accepted for all purposes as the equivalent of
399	an affidavit and, if it contains a materially false statement,
400	shall subject me to the penalties of perjury."
401
402	Date                     Signature of Witness
403
404	b.  A statement that is signed by a notary public or
405	another person authorized to take acknowledgements must be in
406	substantially the following form:
407
408	"On the date indicated above before me personally came each
409	of the (...insert number...) electors and legal voters whose
410	signatures appear on this petition sheet, who signed the
411	petition in my presence and who, being by me duly sworn, each
412	for himself or herself, identified himself or herself as the
413	same person who signed the petition, and I declare that the
414	foregoing information they provided was true."
415
416	Date                         Signature of Witness
417
418	c.  An alteration or correction of information appearing on
419	a petition's signature line, other than an uninitialed signature
420	and date, does not invalidate such signature. In matters of
421	form, this paragraph shall be liberally construed, not
422	inconsistent with substantial compliance thereto and the
423	prevention of fraud.
424	d.  The appropriately signed petition must be filed with
425	the governing body of each component independent special
426	district. The petition must be submitted to the supervisors of
427	elections of the counties in which the district lands are
428	located. The supervisors shall, within 30 business days after
429	receipt of the petitions, certify to the governing bodies the
430	number of signatures of qualified electors contained on the
431	petitions.
432	3.  Upon verification by the supervisors of elections of
433	the counties within which component independent special district
434	lands are located that 40 percent of the qualified electors have
435	petitioned for merger and that all such petitions have been
436	executed within 1 year after the date of the initiation of the
437	qualified-elector merger process, the governing bodies of each
438	component independent special district shall meet within 30
439	business days to prepare and approve by resolution a proposed
440	elector-initiated merger plan. The proposed plan must include:
441	a.  The name of each component independent special district
442	to be merged;
443	b.  The name of the proposed merged independent district;
444	c.  The rights, duties, and obligations of the merged
445	independent district;
446	d.  The territorial boundaries of the proposed merged
447	independent district;
448	e.  The governmental organization of the proposed merged
449	independent district insofar as it concerns elected and
450	appointed officials and public employees, along with a
451	transitional plan and schedule for elections and appointments of
452	officials;
453	f.  A fiscal estimate of the potential cost or savings as a
454	result of the merger;
455	g.  Each component independent special district's assets,
456	including, but not limited to, real and personal property, and
457	the current value thereof;
458	h.  Each component independent special district's
459	liabilities and indebtedness, bonded and otherwise, and the
460	current value thereof;
461	i.  Terms for the assumption and disposition of existing
462	assets, liabilities, and indebtedness of each component
463	independent special district, jointly, separately, or in defined
464	proportions;
465	j.  Terms for the common administration and uniform
466	enforcement of existing laws within the proposed merged
467	independent district;
468	k.  The times and places for public hearings on the
469	proposed joint merger plan; and
470	l.  The effective date of the proposed merger.
471	4.  The resolution endorsing the proposed elector-initiated
472	merger plan must be approved by a majority vote of the governing
473	bodies of each component independent special district and must
474	be adopted at least 60 business days before any general or
475	special election on the proposed elector-initiated plan.
476	5.  Within 5 business days after the governing bodies of
477	each component independent special district approve the proposed
478	elector-initiated merger plan, the governing bodies shall:
479	a.  Cause a copy of the proposed elector-initiated merger
480	plan, along with a descriptive summary of the plan, to be
481	displayed and be readily accessible to the public for inspection
482	in at least three public places within the territorial limits of
483	each component independent special district, unless a component
484	independent special district has fewer than three public places,
485	in which case the plan must be accessible for inspection in all
486	public places within the component independent special district;
487	b.  If applicable, cause the proposed elector-initiated
488	merger plan, along with a descriptive summary of the plan and a
489	reference to the public places within each component independent
490	special district where a copy of the merger plan may be
491	examined, to be displayed on a website maintained by each
492	district or otherwise on a website maintained by the county or
493	municipality in which the districts are located; and
494	c.  Arrange for a descriptive summary of the proposed
495	elector-initiated merger plan, and a reference to the public
496	places within the district where a copy may be examined, to be
497	published in a newspaper of general circulation within the
498	component independent special districts at least once each week
499	for 4 successive weeks.
500	6.  The governing body of each component independent
501	special district shall set a time and place for one or more
502	public hearings on the proposed elector-initiated merger plan.
503	Each public hearing shall be held on a weekday at least 7
504	business days after the day the first advertisement is published
505	on the proposed elector-initiated merger plan. The hearing or
506	hearings may be held jointly or separately by the governing
507	bodies of the component independent special districts. Any
508	interested person residing in the respective district shall be
509	given a reasonable opportunity to be heard on any aspect of the
510	proposed merger at the public hearing.
511	a.  Notice of the public hearing on the proposed elector-
512	initiated merger plan must be published pursuant to the notice
513	requirements in s. 189.417 and must provide a descriptive
514	summary of the elector-initiated merger plan and a reference to
515	the public places within the component independent special
516	districts where a copy of the plan may be examined.
517	b.  After the final public hearing, the governing bodies of
518	each component independent special district may amend the
519	proposed elector-initiated merger plan if the amended version
520	complies with the notice and public hearing requirements
521	provided in this subsection. The governing bodies must approve a
522	final version of the merger plan within 60 business days after
523	the final hearing.
524	7.  After the final public hearing, the governing bodies
525	shall notify the supervisors of elections of the applicable
526	counties in which district lands are located of the adoption of
527	the resolution by each governing body. The supervisors of
528	elections shall schedule a date for the separate referenda for
529	each district. The referenda may be held in each district on the
530	same day, or on different days, but no more than 20 days apart.
531	a.  Notice of a referendum on the merger of the component
532	independent special districts must be provided pursuant to the
533	notice requirements in s. 100.342. At a minimum, the notice must
534	include:
535	(I)  A brief summary of the resolution and elector-
536	initiated merger plan;
537	(II)  A statement as to where a copy of the resolution and
538	petition for merger may be examined;
539	(III)  The names of the component independent special
540	districts to be merged and a description of their territory;
541	(IV)  The times and places at which the referendum will be
542	held; and
543	(V)  Such other matters as may be necessary to call,
544	provide for, and give notice of the referendum and to provide
545	for the conduct thereof and the canvass of the returns.
546	b.  The referenda must be held in accordance with the
547	Florida Election Code and may be held pursuant to ss. 101.6101-
548	101.6107. All costs associated with the referenda shall be borne
549	by the respective component independent special district.
550	c.  The ballot question in such referendum placed before
551	the qualified electors of each component independent special
552	district to be merged must be in substantially the following
553	form:
554
555	"Shall (...name of component independent special
556	district...) and (...name of component independent special
557	district or districts...) be merged into (...name of newly
558	merged independent district...)?
559	_____YES
560	_____NO"
561
562	d.  If the component independent special districts
563	proposing to merge have disparate millage rates, the ballot
564	question in the referendum placed before the qualified electors
565	of each component independent special district must be in
566	substantially the following form:
567
568	"Shall (...name of component independent special
569	district...) and (...name of component independent special
570	district or districts...) be merged into (...name of newly
571	merged independent district...) if the voter-approved maximum
572	millage rate within each independent special district will not
573	increase absent a subsequent referendum?
574	_____YES
575	_____NO"
576
577	e.  In any referendum held pursuant to this subsection, the
578	ballots shall be counted, returns made and canvassed, and
579	results certified in the same manner as other elections or
580	referenda for the component independent special districts.
581	f.  The merger may not take effect unless a majority of the
582	votes cast in each component independent special district are in
583	favor of the merger. If one of the component independent special
584	districts does not obtain a majority vote, the referendum fails,
585	and merger does not take effect.
586	g.  If the merger is approved by a majority of the votes
587	cast in each component independent special district, the merged
588	district shall notify the Special District Information Program
589	pursuant to s. 189.418(2) and the local general-purpose
590	governments in which any part of the component independent
591	special districts is situated pursuant to s. 189.418(7).
592	h.  If the referendum fails, the merger process under this
593	paragraph may not be initiated for the same purpose within 2
594	years after the date of the referendum.
595	8.  Component independent special districts merged pursuant
596	to an elector-initiated merger plan shall continue to be
597	governed as before the merger until the effective date specified
598	in the adopted elector-initiated merger plan.
599	(d)  Effective date.-The effective date of the merger shall
600	be as provided in the joint merger plan or elector-initiated
601	merger plan, as appropriate, and is not contingent upon the
602	future act of the Legislature.
603	1.  However, as soon as practicable, the merged independent
604	district shall, at its own expense, submit a unified charter for
605	the merged district to the Legislature for approval. The unified
606	charter must make the powers of the district consistent within
607	the merged independent district and repeal the special acts of
608	the districts which existed before the merger.
609	2.  Within 30 business days after the effective date of the
610	merger, the merged independent district's governing body, as
611	indicated in this subsection, shall hold an organizational
612	meeting to implement the provisions of the joint merger plan or
613	elector-initiated merger plan, as appropriate.
614	(e)  Restrictions during transition period.-Until the
615	Legislature formally approves the unified charter pursuant to a
616	special act, each component independent special district is
617	considered a subunit of the merged independent district subject
618	to the following restrictions:
619	1.  During the transition period, the merged independent
620	district is limited in its powers and financing capabilities
621	within each subunit to those powers that existed within the
622	boundaries of each subunit which were previously granted to the
623	component independent special district in its existing charter
624	before the merger. The merged independent district may not,
625	solely by reason of the merger, increase its powers or financing
626	capability.
627	2.  During the transition period, the merged independent
628	district shall exercise only the legislative authority to levy
629	and collect revenues within the boundaries of each subunit which
630	was previously granted to the component independent special
631	district by its existing charter before the merger, including
632	the authority to levy ad valorem taxes, non-ad valorem
633	assessments, impact fees, and charges.
634	a.  The merged independent district may not, solely by
635	reason of the merger, increase ad valorem taxes on property
636	within the original limits of a subunit beyond the maximum ad
637	valorem rate approved by the electors of the component
638	independent special district. For purposes of s. 2, Art. VII of
639	the State Constitution, each subunit may be considered a
640	separate taxing unit. The merged independent district may levy
641	an ad valorem millage rate within a subunit, if applicable, only
642	up to the millage rate that was previously approved by the
643	electors of the component independent special district unless an
644	increase in the millage rate is approved pursuant to general
645	law.
646	b.  The merged independent district may not, solely by
647	reason of the merger, charge non-ad valorem assessments, impact
648	fees, or other new fees within a subunit which were not
649	otherwise previously authorized to be charged.
650	3.  During the transition period, each component
651	independent special district of the merged independent district
652	must continue to file all information and reports required under
653	this chapter as subunits until the Legislature formally approves
654	the unified charter pursuant to a special act.
655	4.  The intent of this section is to preserve and transfer
656	to the merged independent district all authority that exists
657	within each subunit and was previously granted by the
658	Legislature and, if applicable, by referendum.
659	(f)  Effect of merger, generally.-On and after the
660	effective date of the merger, the merged independent district
661	shall be treated and considered for all purposes as one entity
662	under the name and on the terms and conditions set forth in the
663	joint merger plan or elector-initiated merger plan, as
664	appropriate.
665	1.  All rights, privileges, and franchises of each
666	component independent special district and all assets, real and
667	personal property, books, records, papers, seals, and equipment,
668	as well as other things in action, belonging to each component
669	independent special district before the merger shall be deemed
670	as transferred to and vested in the merged independent district
671	without further act or deed.
672	2.  All property, rights-of-way, and other interests are as
673	effectually the property of the merged independent district as
674	they were of the component independent special district before
675	the merger. The title to real estate, by deed or otherwise,
676	under the laws of this state vested in any component independent
677	special district before the merger may not be deemed to revert
678	or be in any way impaired by reason of the merger.
679	3.  The merged independent district is in all respects
680	subject to all obligations and liabilities imposed and possesses
681	all the rights, powers, and privileges vested by law in other
682	similar entities.
683	4.  Upon the effective date of the merger, the joint merger
684	plan or elector-initiated merger plan, as appropriate, is
685	subordinate in all respects to the contract rights of all
686	holders of any securities or obligations of the component
687	independent special districts outstanding at the effective date
688	of the merger.
689	5.  The new registration of electors is not necessary as a
690	result of the merger, but all elector registrations of the
691	component independent special districts shall be transferred to
692	the proper registration books of the merged independent
693	district, and new registrations shall be made as provided by law
694	as if no merger had taken place.
695	(g)  Governing body of merged independent district.-
696	1.  From the effective date of the merger until the next
697	general election, the governing body of the merged independent
698	district shall be comprised of the governing body members of
699	each component independent special district, with such members
700	serving until the governing body members elected at the next
701	general election take office.
702	2.  Beginning with the next general election following the
703	effective date of merger, the governing body of the merged
704	independent district shall be comprised of five members. The
705	office of each governing body member shall be designated by
706	seat, which shall be distinguished from other body member seats
707	by an assigned numeral: 1, 2, 3, 4, or 5. The governing body
708	members that are elected in this initial election following the
709	merger shall serve unequal terms of 2 and 4 years in order to
710	create staggered membership of the governing body, with:
711	a.  Member seats 1, 3, and 5 being designated for 4-year
712	terms; and
713	b.  Member seats 2 and 4 being designated for 2-year terms.
714	3.  In general elections thereafter, all governing body
715	members shall serve 4-year terms.
716	(h)  Effect on employees.-Except as otherwise provided by
717	law and except for those officials and employees protected by
718	tenure of office, civil service provisions, or a collective
719	bargaining agreement, upon the effective date of merger, all
720	appointive offices and positions existing in all component
721	independent special districts involved in the merger are subject
722	to the terms of the joint merger plan or elector-initiated
723	merger plan, as appropriate. Such plan may provide for instances
724	in which there are duplications of positions and for other
725	matters such as varying lengths of employee contracts, varying
726	pay levels or benefits, different civil service regulations in
727	the constituent entities, and differing ranks and position
728	classifications for similar positions. For those employees who
729	are members of a bargaining unit certified by the Public
730	Employees Relations Commission, the requirements of chapter 447
731	apply.
732	(i)  Effect on debts, liabilities, and obligations.-
733	1.  All valid and lawful debts and liabilities existing
734	against a merged independent district, or which may arise or
735	accrue against the merged independent district, which but for
736	merger would be valid and lawful debts or liabilities against
737	one or more of the component independent special districts, are
738	debts against or liabilities of the merged independent district
739	and accordingly shall be defrayed and answered to by the merged
740	independent district to the same extent, and no further than,
741	the component independent special districts would have been
742	bound if a merger had not taken place.
743	2.  The rights of creditors and all liens upon the property
744	of any of the component independent special districts shall be
745	preserved unimpaired. The respective component districts shall
746	be deemed to continue in existence to preserve such rights and
747	liens, and all debts, liabilities, and duties of any of the
748	component districts attach to the merged independent district.
749	3.  All bonds, contracts, and obligations of the component
750	independent special districts which exist as legal obligations
751	are obligations of the merged independent district, and all such
752	obligations shall be issued or entered into by and in the name
753	of the merged independent district.
754	(j)  Effect on actions and proceedings.-In any action or
755	proceeding pending on the effective date of merger to which a
756	component independent special district is a party, the merged
757	independent district may be substituted in its place, and the
758	action or proceeding may be prosecuted to judgment as if merger
759	had not taken place. Suits may be brought and maintained against
760	a merged independent district in any state court in the same
761	manner as against any other independent special district.
762	(k)  Effect on annexation.-Chapter 171 continues to apply
763	to all annexations by a city within the component independent
764	special districts' boundaries after merger occurs. Any moneys
765	owed to a component independent special district pursuant to s.
766	171.093, or any interlocal service boundary agreement as a
767	result of annexation predating the merger, shall be paid to the
768	merged independent district after merger.
769	(l)  Determination of rights.-If any right, title,
770	interest, or claim arises out of a merger or by reason thereof
771	which is not determinable by reference to this subsection, the
772	joint merger plan or elector-initiated merger plan, as
773	appropriate, or otherwise under the laws of this state, the
774	governing body of the merged independent district may provide
775	therefor in a manner conforming to law.
776	(m)  Exemption.-This subsection does not apply to
777	independent special districts whose governing bodies are elected
778	by district landowners voting the acreage owned within the
779	district.
780	(n)  Preemption.-This subsection preempts any special act
781	to the contrary.
782	(6)  INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.-
783	If a local general-purpose government seeks to merge an active
784	independent special district or districts created and operating
785	pursuant to a special act whose governing body or governing
786	bodies object by resolution to the merger, the merger of the
787	active independent special district or districts is not
788	effective until the special act of the Legislature is approved
789	at separate referenda of the impacted local governments by a
790	majority of the resident electors or landowners voting in the
791	same manner by which each independent special district's
792	governing body is elected. The special act shall include a plan
793	of merger that addresses transition issues such as the effective
794	date of the merger, governance, administration, powers,
795	pensions, and assumption of all assets and liabilities.
796	(a)  The political subdivisions proposing the involuntary
797	merger of an active independent special district shall be
798	responsible for payment of any expenses associated with the
799	referendum required under this subsection.
800	(b)  An independent special district that meets any
801	criteria for being declared inactive, or that has already been
802	declared inactive, pursuant to s. 189.4044 may by merged by
803	special act without a referendum.
804	(7)(3)  EXEMPTIONS.-The provisions of This section does
805	shall not apply to community development districts implemented
806	pursuant to chapter 190 or to water management districts created
807	and operated pursuant to chapter 373.
808	Section 2.  Section 191.014, Florida Statutes, is amended
809	to read:
810	191.014  District creation and, expansion, and merger.-
811	(1)  New districts may be created only by the Legislature
812	under s. 189.404.
813	(2)  The boundaries of a district may be modified,
814	extended, or enlarged upon approval or ratification by the
815	Legislature.
816	(3)  The merger of a district with all or portions of other
817	independent special districts or dependent fire control
818	districts is effective only upon ratification by the
819	Legislature. A district may not, solely by reason of a merger
820	with another governmental entity, increase ad valorem taxes on
821	property within the original limits of the district beyond the
822	maximum established by the district's enabling legislation,
823	unless approved by the electors of the district by referendum.
824	Section 3.  Paragraph (a) of subsection (1) and subsection
825	(4) of section 189.4044, Florida Statutes, are amended to read:
826	189.4044  Special procedures for inactive districts.-
827	(1)  The department shall declare inactive any special
828	district in this state by documenting that:
829	(a)  The special district meets one of the following
830	criteria:
831	1.  The registered agent of the district, the chair of the
832	governing body of the district, or the governing body of the
833	appropriate local general-purpose government notifies the
834	department in writing that the district has taken no action for
835	2 or more years;
836	2.  Following an inquiry from the department, the
837	registered agent of the district, the chair of the governing
838	body of the district, or the governing body of the appropriate
839	local general-purpose government notifies the department in
840	writing that the district has not had a governing board or a
841	sufficient number of governing board members to constitute a
842	quorum for 2 or more years or the registered agent of the
843	district, the chair of the governing body of the district, or
844	the governing body of the appropriate local general-purpose
845	government fails to respond to the department's inquiry within
846	21 days; or
847	3.  The department determines, pursuant to s. 189.421, that
848	the district has failed to file any of the reports listed in s.
849	189.419; or
850	4.  The governing body of a special district provides
851	documentation to the department that it has unanimously adopted
852	a resolution declaring the special district inactive. The
853	special district shall be responsible for payment of any
854	expenses associated with its dissolution.
855	(4)  The entity that created a special district declared
856	inactive under this section must dissolve the special district
857	by repealing its enabling laws or by other appropriate means.
858	Any special district declared inactive pursuant to subparagraph
859	(1)(a)4. may be dissolved without a referendum.
860	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.