Bill Text: FL S1216 | 2010 | Regular Session | Engrossed


Bill Title: Children's Services [SPSC]

Spectrum: Partisan Bill (Republican 11-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/CS/SB 2014 (Ch. 2010-210) [S1216 Detail]

Download: Florida-2010-S1216-Engrossed.html
 
       CS for CS for SB 1216                            First Engrossed 
       20101216e1 
    1                        A bill to be entitled                       
    2         An act relating to children’s services; amending s. 
    3         125.901, F.S.; requiring the governing body of the 
    4         county to submit to the electorate the question of 
    5         retention or dissolution of a special taxing district 
    6         created to provide funding for children’s services; 
    7         prescribing a schedule and conditions relating to 
    8         submission of the question to the electorate; 
    9         prescribing reauthorization conditions governing newly 
   10         created children’s services districts; authorizing the 
   11         governing board of a district to request a vote by the 
   12         electorate before the prescribed year; providing for 
   13         the application of the revisions made by this act to 
   14         s. 125.901, F.S., to certain children’s services 
   15         special districts in existence before and after the 
   16         effective date of the act; providing an effective 
   17         date. 
   18   
   19  Be It Enacted by the Legislature of the State of Florida: 
   20   
   21         Section 1. Subsection (4) of section 125.901, Florida 
   22  Statutes, is amended to read: 
   23         125.901 Children’s services; independent special district; 
   24  council; powers, duties, and functions; public records 
   25  exemption.— 
   26         (4)(a) Any district created pursuant to the provisions of 
   27  this section may be dissolved by a special act of the 
   28  Legislature, or the county governing body may by ordinance 
   29  dissolve the district subject to the approval of the electorate. 
   30         (b)1.a. Notwithstanding paragraph (a), the governing body 
   31  of the county shall submit the question of retention or 
   32  dissolution of a district with voter-approved taxing authority 
   33  to the electorate in the general election according to the 
   34  following schedule: 
   35         (I) For a district in existence on July 1, 2010, and 
   36  serving a county with a population of 400,000 or fewer persons 
   37  as of that date............................................2014. 
   38         (II)For a district in existence on July 1, 2010, and 
   39  serving a county with a population of more than 400,000 but 
   40  fewer than 2 million persons as of that date...............2016. 
   41         (III) For a district in existence on July 1, 2010, and 
   42  serving a county with a population of 2 million or more persons 
   43  as of that date............................................2020. 
   44         b. A referendum by the electorate on or after July 1, 2010, 
   45  creating a new district with taxing authority may specify that 
   46  the district is not subject to reauthorization or may specify 
   47  the number of years for which the initial authorization shall 
   48  remain effective. If the referendum does not prescribe terms of 
   49  reauthorization, the governing body of the county shall submit 
   50  the question of retention or dissolution of the district to the 
   51  electorate in the general election 12 years after the initial 
   52  authorization. 
   53         2. The governing board of the district may specify, and 
   54  submit to the governing body of the county no later than nine 
   55  months before the scheduled election, that the district is not 
   56  subsequently subject to reauthorization or may specify the 
   57  number of years for which a reauthorization under this paragraph 
   58  shall remain effective. If the governing board of the district 
   59  makes such specification and submission, the governing body of 
   60  the county shall include that information in the question 
   61  submitted to the electorate. If the governing board of the 
   62  district does not specify and submit such information, the 
   63  governing body of the county shall resubmit the question of 
   64  reauthorization to the electorate every 12 years after the year 
   65  prescribed in subparagraph 1. The governing board of the 
   66  district may recommend to the governing body of the county 
   67  language for the question submitted to the electorate. 
   68         3. Nothing in this paragraph limits the authority to 
   69  dissolve a district as provided under paragraph (a). 
   70         4.Nothing in this paragraph precludes the governing board 
   71  of a district from requesting that the governing body of the 
   72  county submit the question of retention or dissolution of a 
   73  district with voter-approved taxing authority to the electorate 
   74  at a date earlier than the year prescribed in subparagraph 1. If 
   75  the governing body of the county accepts the request and submits 
   76  the question to the electorate, the governing body satisfies the 
   77  requirement of that subparagraph. 
   78   
   79  If any district is dissolved pursuant to the provisions of this 
   80  subsection, each county must shall first obligate itself to 
   81  assume the debts, liabilities, contracts, and outstanding 
   82  obligations of the district within the total millage available 
   83  to the county governing body for all county and municipal 
   84  purposes as provided for under s. 9, Art. VII of the State 
   85  Constitution. Any district may also be dissolved pursuant to the 
   86  provisions of s. 189.4042. 
   87         Section 2. Notwithstanding s. 31 of chapter 90-288, Laws of 
   88  Florida, the revisions made by this act to s. 125.901, Florida 
   89  Statutes, apply to any special district having taxing authority 
   90  to provide funding for children’s services, and governed by a 
   91  council on children’s services, which is in existence on the 
   92  effective date of this act and to any such district created on 
   93  or after the effective date of this act. 
   94         Section 3. This act shall take effect upon becoming a law. 
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