Bill Text: FL S1750 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Special Districts

Spectrum: Bipartisan Bill

Status: (Failed) 2017-05-05 - Died in Governmental Oversight and Accountability [S1750 Detail]

Download: Florida-2017-S1750-Introduced.html

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       Florida Senate - 2017                                    SB 1750
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01462-17                                           20171750__
    1                        A bill to be entitled                      
    2         An act relating to special districts; amending s.
    3         189.069, F.S.; requiring a special district to post on
    4         its website all meeting minutes within a specified
    5         time and have the information remain on the website
    6         for a specified period; amending s. 190.006, F.S.;
    7         removing certain compensation for supervisors on the
    8         governing board of a special district; amending s.
    9         190.046, F.S.; removing a filing fee paid to counties
   10         or municipalities under certain circumstances when
   11         petitions to contract or expand the boundaries of a
   12         community development district are filed with the
   13         Florida Land and Water Adjudicatory Commission;
   14         conforming provisions to changes made by the act;
   15         authorizing the board of supervisors by majority vote
   16         to transfer its assets and operating and maintenance
   17         responsibilities to the private sector or to a certain
   18         local general-purpose government if the district has
   19         no outstanding financial obligations; requiring the
   20         district to terminate upon such transfer, subject to
   21         certain requirements; providing for a referendum to
   22         dissolve the district, subject to certain
   23         requirements; specifying requirements for the petition
   24         and the referendum; requiring the district to dissolve
   25         if a majority of the qualified voters approve the
   26         referendum, subject to certain requirements; providing
   27         an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (2) of section
   32  189.069, Florida Statutes, is amended to read:
   33         189.069 Special districts; required reporting of
   34  information; web-based public access.—
   35         (2)(a) A special district shall post the following
   36  information, at a minimum, on the district’s official website:
   37         1. The full legal name of the special district.
   38         2. The public purpose of the special district.
   39         3. The name, official address, official e-mail address,
   40  and, if applicable, term and appointing authority for each
   41  member of the governing body of the special district.
   42         4. The fiscal year of the special district.
   43         5. The full text of the special district’s charter, the
   44  date of establishment, the establishing entity, and the statute
   45  or statutes under which the special district operates, if
   46  different from the statute or statutes under which the special
   47  district was established. Community development districts may
   48  reference chapter 190 as the uniform charter but must include
   49  information relating to any grant of special powers.
   50         6. The mailing address, e-mail address, telephone number,
   51  and website uniform resource locator of the special district.
   52         7. A description of the boundaries or service area of, and
   53  the services provided by, the special district.
   54         8. A listing of all taxes, fees, assessments, or charges
   55  imposed and collected by the special district, including the
   56  rates or amounts for the fiscal year and the statutory authority
   57  for the levy of the tax, fee, assessment, or charge. For
   58  purposes of this subparagraph, charges do not include patient
   59  charges by a hospital or other health care provider.
   60         9. The primary contact information for the special district
   61  for purposes of communication from the department.
   62         10. A code of ethics adopted by the special district, if
   63  applicable, and a hyperlink to generally applicable ethics
   64  provisions.
   65         11. The budget of the special district and any amendments
   66  thereto in accordance with s. 189.016.
   67         12. The final, complete audit report for the most recent
   68  completed fiscal year and audit reports required by law or
   69  authorized by the governing body of the special district.
   70         13. A listing of its regularly scheduled public meetings as
   71  required by s. 189.015(1).
   72         14. The public facilities report, if applicable.
   73         15. The link to the Department of Financial Services’
   74  website as set forth in s. 218.32(1)(g).
   75         16. At least 7 days before each meeting or workshop, the
   76  agenda of the event, along with any meeting materials available
   77  in an electronic format, excluding confidential and exempt
   78  information. The information must remain on the website for at
   79  least 1 year after the event.
   80         17. All meeting minutes, within 30 days after a meeting.
   81  The information must remain on the website for at least 1 year
   82  after the event.
   83         Section 2. Subsection (8) of section 190.006, Florida
   84  Statutes, is amended to read:
   85         190.006 Board of supervisors; members and meetings.—
   86         (8) Each supervisor shall be entitled to receive for his or
   87  her services an amount not to exceed $200 per meeting of the
   88  board of supervisors, not to exceed $4,800 per year per
   89  supervisor, or an amount established by the electors at
   90  referendum. In addition, Each supervisor shall receive travel
   91  and per diem expenses as set forth in s. 112.061.
   92         Section 3. Paragraph (d) of subsection (1) and subsection
   93  (2) of section 190.046, Florida Statutes, are amended, and
   94  subsections (11) and (12) are added to that section, to read:
   95         190.046 Termination, contraction, or expansion of
   96  district.—
   97         (1) A landowner or the board may petition to contract or
   98  expand the boundaries of a community development district in the
   99  following manner:
  100         (d)1. For those districts initially established by
  101  administrative rule pursuant to s. 190.005(1), the petition
  102  shall be filed with the Florida Land and Water Adjudicatory
  103  Commission.
  104         2. Prior to filing the petition, The petitioner shall
  105  submit a copy of the petition pay a filing fee of $1,500, to the
  106  county if the district or the land to be added or deleted from
  107  the district is located within an unincorporated area or to the
  108  municipality if the district or the land to be added or deleted
  109  is located within an incorporated area, and to each municipality
  110  the boundaries of which are contiguous with or contain all or a
  111  portion of the land within or to be added to or deleted from the
  112  external boundaries of the district. The petitioner shall submit
  113  a copy of the petition to the same entities entitled to receive
  114  the filing fee. In addition, if the district is not the
  115  petitioner, the petitioner shall file the petition with the
  116  district board of supervisors.
  117         3. Each county and each municipality shall have the option
  118  of holding a public hearing as provided by s. 190.005(1)(c).
  119  However, the public hearing shall be limited to consideration of
  120  the contents of the petition and whether the petition for
  121  amendment should be supported by the county or municipality.
  122         4. The district board of supervisors shall, in lieu of a
  123  hearing officer, hold the local public hearing provided for by
  124  s. 190.005(1)(d). This local public hearing shall be noticed in
  125  the same manner as provided in s. 190.005(1)(d). Within 45 days
  126  of the conclusion of the hearing, the district board of
  127  supervisors shall transmit to the Florida Land and Water
  128  Adjudicatory Commission the full record of the local hearing,
  129  the transcript of the hearing, any resolutions adopted by the
  130  local general-purpose governments, and its recommendation
  131  whether to grant the petition for amendment. The commission
  132  shall then proceed in accordance with s. 190.005(1)(e).
  133         5. A rule amending a district boundary shall describe the
  134  land to be added or deleted.
  135         (2) The district shall remain in existence unless:
  136         (a) The district is merged with another district as
  137  provided in subsection (3) or subsection (4);
  138         (b) All of the specific community development systems,
  139  facilities, and services that it is authorized to perform have
  140  been transferred to a general-purpose unit of local government
  141  in the manner provided in subsections (5), (6), and (7); or
  142         (c) All of the specific community development systems,
  143  facilities, and services that it is authorized to perform have
  144  been transferred to the private sector or a general-purpose unit
  145  of local government as provided in subsection (11); or
  146         (d)(c) The district is dissolved as provided in subsection
  147  (8), subsection (9), or subsection (10), or subsection (12).
  148         (11) If a district has no outstanding financial
  149  obligations, the board of supervisors by majority vote may
  150  transfer its assets and operating and maintenance
  151  responsibilities to the private sector or to the local general
  152  purpose government within the geographical boundaries of the
  153  district. Upon the transfer of all of the community development
  154  assets and services, the district shall be terminated in
  155  accordance with a plan of termination which shall be adopted by
  156  the board of supervisors and filed with the clerk of the circuit
  157  court.
  158         (12)(a) A referendum to dissolve the district must be held
  159  if a petition containing the signatures of 40 percent of the
  160  qualified electors within the district or 20 percent of the
  161  landowners within the district is presented to the board of
  162  supervisors. The petition must state that it is for the purpose
  163  of calling a referendum to determine whether the district should
  164  be dissolved.
  165         (b) Upon receipt of the petition, the board of supervisors
  166  shall arrange to place on the next general election ballot of
  167  the qualified electors residing within the district the
  168  following question: “Shall the ...(name of district)... sell all
  169  of its assets and fulfill any outstanding financial obligations,
  170  operating responsibilities, or maintenance responsibilities and
  171  dissolve immediately upon completion of such tasks?” and
  172  thereafter the words “Yes” and “No.”
  173         (c) If a majority of the qualified electors voting approve
  174  the ballot question, the district shall be dissolved in
  175  accordance with a plan of termination which shall be adopted by
  176  the board of supervisors and filed with the clerk of the circuit
  177  court. The plan of termination must provide for the sale of all
  178  district assets and the fulfillment of all outstanding financial
  179  obligations and operating or maintenance responsibilities.
  180         Section 4. This act shall take effect July 1, 2017.