May 24, 2019
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       Florida Senate - 2010                                    SB 1568
       
       
       
       By Senator Negron
       
       
       
       
       28-00965B-10                                          20101568__
    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
    4         and dissolution procedures for special districts;
    5         requiring certain merger and dissolution procedures to
    6         include referenda; providing that such provisions
    7         preempt prior special acts; providing for a local
    8         government to assume the indebtedness of, and receive
    9         the title to property owned by, a special district
   10         under certain circumstances; providing charter
   11         requirements for the assumption of such indebtedness
   12         and transfer of such title to property; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 189.4042, Florida Statutes, is amended
   18  to read:
   19         189.4042 Merger and dissolution procedures.—
   20         (1)(a) The merger or dissolution of dependent special
   21  districts may be effectuated by an ordinance of the general
   22  purpose local governmental entity wherein the geographical area
   23  of the district or districts is located. However, a county may
   24  not dissolve a special district that is dependent to a
   25  municipality or vice versa, or a dependent district created by
   26  special act.
   27         (b) A copy of any ordinance and of any changes to a charter
   28  affecting the status or boundaries of one or more special
   29  districts shall be filed with the Special District Information
   30  Program within 30 days of such activity.
   31         (2)(a) Unless otherwise provided by general law, the merger
   32  or dissolution of an independent special district or a dependent
   33  special district created and operating pursuant to a special act
   34  may only be effectuated by the Legislature unless otherwise
   35  provided by general law.
   36         (b) Unless otherwise provided by general law:
   37         1. The dissolution of an independent special district
   38  created and operating pursuant to a special act may only be
   39  effectuated by the Legislature and a referendum of the resident
   40  electors of the district, provided the district contains
   41  resident electors.
   42         2. The merger of an independent special district created
   43  and operating pursuant to a special act with another political
   44  subdivision may only be effectuated by the Legislature and a
   45  referendum of the resident electors of the political subdivision
   46  and of the district, provided the political subdivision and the
   47  district contain resident electors.
   48         (c) If an inactive independent special district was created
   49  by a county or municipality through a referendum, the county or
   50  municipality that created the district may dissolve the district
   51  after publishing notice as described in s. 189.4044.
   52         (d) If an independent special district was created by a
   53  county or municipality by referendum or any other procedure, the
   54  county or municipality that created the district may merge or
   55  dissolve the district pursuant to a referendum and any other the
   56  same procedure by which the independent district was created.
   57         (e) If an However, for any independent special district
   58  that has ad valorem taxation powers was created by a county or
   59  municipality by referendum or any other procedure, the county or
   60  municipality that created the district may merge or dissolve the
   61  district pursuant to a referendum, any other procedure by which
   62  the district was created, and the same procedure by which the
   63  required to grant such independent district was granted ad
   64  valorem taxation powers shall also be required to dissolve or
   65  merge the district.
   66         (f) This subsection preempts any special act to the
   67  contrary.
   68         (3) The government formed by merger of an existing
   69  independent special district or districts with another
   70  government shall assume all indebtedness of, and receive title
   71  to all property owned by, the preexisting independent special
   72  district or districts. The proposed charter shall provide for
   73  the determination of the proper allocation of the indebtedness
   74  so assumed and the manner in which the debt shall be retired.
   75         (4) The dissolution of an independent special district
   76  shall transfer the title to all property owned by the
   77  preexisting independent special district to the county
   78  government, which shall also assume all indebtedness of the
   79  preexisting independent special district, unless otherwise
   80  provided in the dissolution plan.
   81         (5)(3) The provisions of this section shall not apply to
   82  community development districts implemented pursuant to chapter
   83  190 or to water management districts created and operated
   84  pursuant to chapter 373.
   85         Section 2. This act shall take effect July 1, 2010.

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