Bill Text: FL S1058 | 2024 | Regular Session | Comm Sub
Bill Title: Special Districts
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/CS/HB 7013 [S1058 Detail]
Download: Florida-2024-S1058-Comm_Sub.html
Florida Senate - 2024 CS for SB 1058 By the Committee on Community Affairs; and Senator Hutson 578-02601-24 20241058c1 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 applicability; providing construction; creating s. 14 189.0313, F.S.; providing the method for changing 15 boundaries of an independent special district; 16 providing an exception; amending s. 189.062, F.S.; 17 providing additional criteria for declaring a special 18 district inactive; providing exceptions; requiring 19 certain special districts to provide notice of a 20 proposed declaration of inactive status to the county 21 or municipality under certain circumstances; revising 22 the time period for filing an objection to a proposed 23 declaration; authorizing a specific objection; 24 providing that a district declared inactive may only 25 expend funds as necessary to service outstanding debt 26 and to comply with existing bond covenants and 27 contractual obligations; making technical changes; 28 creating s. 189.0694, F.S.; requiring special 29 districts to establish performance measures to assess 30 performance; requiring special districts to publish an 31 annual report; providing requirements for the report; 32 amending s. 189.0695, F.S.; requiring the Office of 33 Program Policy Analysis and Government Accountability 34 to conduct performance reviews annually of safe 35 neighborhood improvement districts; repealing s. 36 190.047, F.S., relating to incorporation or annexation 37 of a district; amending s. 191.013, F.S.; requiring 38 independent special fire control districts to report 39 annually, by a specified date, information regarding 40 the completion of required trainings and the receipt 41 of required certifications by certain firefighters to 42 the Division of State Fire Marshal; amending s. 43 388.211, F.S.; providing that the boundaries of a 44 mosquito control district may only be changed by 45 special act of the Legislature; amending s. 388.221, 46 F.S.; reducing the maximum millage rate for mosquito 47 control districts; amending s. 388.271, F.S.; 48 requiring, instead of authorizing, special districts 49 to file tentative work plans and work plan budgets at 50 specified intervals; requiring the Department of 51 Agriculture and Consumer Services to report to the 52 Department of Commerce if certain special districts 53 fail to submit specified information; making technical 54 changes; amending s. 388.46, F.S.; requiring the 55 Florida Coordinating Council on Mosquito Control to 56 establish, by a specified date, model goals, 57 objectives, and performance measures and standards to 58 assist districts in conducting performance monitoring; 59 providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Section 163.3756, Florida Statutes, is repealed. 64 Section 2. Section 163.504, Florida Statutes, is amended to 65 read: 66 163.504 Safe neighborhood improvement districts; formation 67 authorized by ordinance; jurisdictional boundaries; prohibition 68 on future creation.— 69 (1) The governing body of any municipality or county may 70 authorize the formation of safe neighborhood improvement 71 districts through the adoption of a planning ordinance which 72 specifies that such districts may be created by one or more of 73 the methods established in ss. 163.506, 163.508, 163.511, and 74 163.512. No district may overlap the jurisdictional boundaries 75 of a municipality and the unincorporated area of a county, 76 except by interlocal agreement. 77 (2) A safe neighborhood improvement district may not be 78 created on or after July 1, 2024. A safe neighborhood 79 improvement district in existence before July 1, 2024, may 80 continue to operate as provided in this part. 81 Section 3. Section 165.0615, Florida Statutes, is repealed. 82 Section 4. Section 189.0312, Florida Statutes, is created 83 to read: 84 189.0312 Independent special districts; term of office.— 85 (1) A member of an elected governing body of an independent 86 special district may not serve for more than 12 consecutive 87 years, unless the district’s charter provides for more 88 restrictive terms of office. Service of a term of office that 89 commenced before November 5, 2024, does not count toward the 90 limitation imposed by this subsection. 91 (2) This section does not apply to a community development 92 district established under chapter 190, or an independent 93 special district created pursuant to a special act that provides 94 that any amendment to chapter 190 to grant additional powers 95 constitutes a power of the district. 96 (3) This section does not require an independent special 97 district governed by an appointed governing body to convert to 98 an elected governing body. 99 Section 5. Section 189.0313, Florida Statutes, is created 100 to read: 101 189.0313 Independent special districts; boundaries; 102 exception.—Notwithstanding any special law or general law of 103 local application to the contrary, the boundaries of an 104 independent special district shall only be changed by general 105 law or special act. This section does not apply to a community 106 development district established pursuant to chapter 190. 107 Section 6. Subsections (1) and (2) of section 189.062, 108 Florida Statutes, are amended to read: 109 189.062 Special procedures for inactive districts.— 110 (1) The department shall declare inactive any special 111 district in this state by documenting that: 112 (a) The special district meets one of the following 113 criteria: 114 1. The registered agent of the district, the chair of the 115 governing body of the district, or the governing body of the 116 appropriate local general-purpose government notifies the 117 department in writing that the district has taken no action for 118 2 or more years; 119 2. The registered agent of the district, the chair of the 120 governing body of the district, or the governing body of the 121 appropriate local general-purpose government notifies the 122 department in writing that the district has not had a governing 123 body or a sufficient number of governing body members to 124 constitute a quorum for 2 or more years; 125 3. The registered agent of the district, the chair of the 126 governing body of the district, or the governing body of the 127 appropriate local general-purpose government fails to respond to 128 an inquiry by the department within 21 days; 129 4. The department determines, pursuant to s. 189.067, that 130 the district has failed to file any of the reports listed in s. 131 189.066; 132 5. The district has not had a registered office and agent 133 on file with the department for 1 or more years;or134 6. The governing body of a special district provides 135 documentation to the department that it has unanimously adopted 136 a resolution declaring the special district inactive. The 137 special district is responsible for payment of any expenses 138 associated with its dissolution;.139 7. The district is an independent special district or a 140 community redevelopment district created under part III of 141 chapter 163 which has reported no revenue, no expenditures, and 142 no debt under s. 189.016(9) or s. 218.32 for at least 5 143 consecutive fiscal years beginning no earlier than October 1, 144 2018. This subparagraph does not apply to a community 145 development district established under chapter 190 or to any 146 independent special district operating pursuant to a special act 147 that provides that any amendment to chapter 190 to grant 148 additional powers constitutes a power of that district; or 149 8. For a mosquito control district created pursuant to 150 chapter 388, the department has received notice from the 151 Department of Agriculture and Consumer Services that the 152 district has failed to file a tentative work plan and tentative 153 detailed work plan budget as required by s. 388.271. 154 (b) The department, special district, or local general 155 purpose government has published a notice of proposed 156 declaration of inactive status in a newspaper of general 157 circulation in the county or municipality in which the territory 158 of the special district is located and has sent a copy of such 159 notice by certified mail to the registered agent or chair of the 160 governing body, if any. If the special district is a dependent 161 special district with a governing body that is not identical to 162 the governing body of a single county or a single municipality, 163 a copy of such notice must also be sent by certified mail to the 164 governing body of the county or municipality on which the 165 district is dependent. Such notice must include the name of the 166 special district, the law under which it was organized and 167 operating, a general description of the territory included in 168 the special district, and a statement that any objections must 169 be filed pursuant to chapter 120 within 3021days after the 170 publication date. The objections may include that the special 171 district has outstanding debt obligations that are not included 172 in reports required under s. 189.016(9) or s. 218.32. 173 (c) ThirtyTwenty-onedays have elapsed from the 174 publication date of the notice of proposed declaration of 175 inactive status and no administrative appeals were filed. 176 (2) If any special district is declared inactive pursuant 177 to this section, the district may only expend funds as necessary 178 to service outstanding debt and to comply with existing bond 179 covenants and other contractual obligations. The property or 180 assets of the special district are subject to legal process for 181 payment of any debts of the district. After the payment of all 182 the debts of said inactive special district, the remainder of 183 its property or assets shall escheat to the county or 184 municipality wherein located. If, however, it shall be 185 necessary, in order to pay any such debt, to levy any tax or 186 taxes on the property in the territory or limits of the inactive 187 special district, the same may be assessed and levied by order 188 of the local general-purpose government wherein the same is 189 situated and shall be assessed by the county property appraiser 190 and collected by the county tax collector. 191 Section 7. Section 189.0694, Florida Statutes, is created 192 to read: 193 189.0694 Special districts; performance measures and 194 standards.- 195 (1) Beginning October 1, 2024, or by the end of the first 196 full fiscal year after its creation, whichever is later, each 197 special district shall establish goals and objectives for each 198 program and activity undertaken by the district, as well as 199 performance measures and standards to determine whether the 200 district’s goals and objectives are being achieved. 201 (2) By December 1 of each year thereafter, each special 202 district shall publish an annual report on the district’s 203 website describing: 204 (a) The goals and objectives achieved by the district, as 205 well as the performance measures and standards used by the 206 district to make this determination. 207 (b) Any goals or objectives the district failed to achieve. 208 Section 8. Subsection (3) of section 189.0695, Florida 209 Statutes, is amended to read: 210 189.0695 Independent special districts; performance 211 reviews.— 212 (3) The Office of Program Policy Analysis and Government 213 Accountability shallmustconduct a performance review of all 214 independent special districts within the classifications 215 described in paragraphs (a),and(b), and (c) and may contract 216 as needed to complete the requirements of this subsection. The 217 Office of Program Policy Analysis and Government Accountability 218 shall submit the final report of the performance review to the 219 President of the Senate and the Speaker of the House of 220 Representatives as follows: 221 (a) For all independent mosquito control districts as 222 defined in s. 388.011, no later than September 30, 2023. 223 (b) For all soil and water conservation districts as 224 defined in s. 582.01, no later than September 30, 2024. 225 (c) For all safe neighborhood improvement districts as 226 defined in s. 163.503(1), no later than September 30, 2025. 227 Section 9. Section 190.047, Florida Statutes, is repealed. 228 Section 10. Subsection (3) is added to section 191.013, 229 Florida Statutes, to read: 230 191.013 Intergovernmental coordination.— 231 (3) By October 1 of each year, each independent special 232 fire control district shall report to the Division of State Fire 233 Marshal regarding whether each of the district’s firefighters 234 and volunteer firefighters has completed the required trainings 235 and received the required certifications established by the 236 division pursuant to s. 633.408. 237 Section 11. Section 388.211, Florida Statutes, is amended 238 to read: 239 388.211 Change in district boundaries.— 240(1)The boundaries of each district may only be changed by 241 a special act of the LegislatureThe board of commissioners of242any district formed prior to July 1, 1980, may, for and on243behalf of the district or the qualified electors within or244without the district, request that the board of county245commissioners in each county having land within the district246approve a change in the boundaries of the district. 247(2) If the board of county commissioners approves such248change, an amendment shall be made to the order creating the249district to conform with the boundary change.250 Section 12. Subsection (1) of section 388.221, Florida 251 Statutes, is amended to read: 252 388.221 Tax levy.— 253 (1) The board of commissioners of such district may levy 254 upon all of the real and personal taxable property in said 255 district a special tax not exceeding 1 mill10 millson the 256 dollar during each year as maintenance tax to be used solely for 257 the purposes authorized and prescribed by this chapter. Said 258 board shall by resolution certify to the property appraiser of 259 the county in which the property is situate, timely for the 260 preparation of the tax roll, the tax rate to be applied in 261 determining the amount of the district’s annual maintenance tax. 262 Certified copies of such resolution executed in the name of said 263 board by its chair and secretary and under its corporate seal 264 shall be made and delivered to the property appraiser and the 265 board of county commissioners of the county in which such 266 district is located, and to the Department of Revenue not later 267 than September 30 of such year. The property appraiser of said 268 county shall assess and the tax collector of said county shall 269 collect the amount of taxes so assessed and levied by said board 270 of commissioners of said district upon all of the taxable real 271 and personal property in said district at the rate of taxation 272 adopted by said board for said year and included in said 273 resolution, and said levy shall be included in the warrants of 274 the property appraiser and attached to the assessment roll of 275 taxes for said county each year. The tax collector shall collect 276 such taxes so levied by said board in the same manner as other 277 taxes are collected and shall pay the same within the time and 278 in the manner prescribed by law to the treasurer of said board. 279 The Department of Revenue shall assess and levy on all the 280 railroad lines and railroad property and telegraph and telephone 281 lines and telegraph and telephone property situated in said 282 district in the amount of each such levy as in case of other 283 state and county taxes and shall collect said taxes thereon in 284 the same manner as it is required by law to assess and collect 285 taxes for state and county purposes and remit the same to the 286 treasurer of said board. All such taxes shall be held by said 287 treasurer for the credit of said board and paid out by him or 288 her as ordered by said board. 289 Section 13. Subsection (1) of section 388.271, Florida 290 Statutes, is amended, and subsection (3) is added to that 291 section, to read: 292 388.271 Prerequisites to participation.— 293 (1) When state funds are involved, it is the duty of the 294 department to guide, review, approve, and coordinate the 295 activities of all county governments and special districts 296 receiving state funds in furtherance of the goal of integrated 297 arthropod control. Each countyor districteligible to 298 participatehereundermay, and each district must, begin 299 participation on October 1 of any year by filing with the 300 department not later than July 15 a tentative work plan and 301 tentative detailed work plan budget providing for the control of 302 arthropods. Following approval of the plan and budget by the 303 department, two copies of the county’s or district’s certified 304 budget based on the approved work plan and detailed work plan 305 budget shall be submitted to the department by September 30 306 following. State funds, supplies, and services shall be made 307 available to such county or district by and through the 308 department immediately upon release of funds by the Executive 309 Office of the Governor. 310 (3) If a special district fails to submit a tentative work 311 plan and tentative detailed work plan budget as required by 312 subsection (1), the department must send notice of such failure 313 to the Department of Commerce within 30 days. 314 Section 14. Paragraph (c) of subsection (2) of section 315 388.46, Florida Statutes, is amended to read: 316 388.46 Florida Coordinating Council on Mosquito Control; 317 establishment; membership; organization; responsibilities.— 318 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.— 319 (c) Responsibilities.—The council shall: 320 1. Develop and implement guidelines to assist the 321 department in resolving disputes arising over the control of 322 arthropods on publicly owned lands. 323 2. Develop and recommend to the department a request for 324 proposal process for arthropod control research. 325 3. Identify potential funding sources for research or 326 implementation projects and evaluate and prioritize proposals 327 upon request by the funding source. 328 4. Prepare and present reports, as needed, on arthropod 329 control activities in the state to other governmental 330 organizations, as appropriate. 331 5. By August 30, 2024, develop model goals, objectives, and 332 performance measures and standards to assist mosquito control 333 districts in conducting performance monitoring pursuant to s. 334 189.0694. 335 Section 15. This act shall take effect July 1, 2024.