reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 186 - State and Regional Planning › 186.513 - Reports.

186.513 Reports.—Each regional planning council shall prepare and furnish an annual report on its activities to the state land planning agency as defined in s. 163.3164 and the local general-purpose governments within its boundaries and, upon payment as may be established by the council, to any interested person.
History.—ss. 3, 5, ch. 80-315; s. 4, ch. 82-46; s. 1, ch. 92-182; s. 38, ch. 93-206; s. 4, ch. 2006-268; s. 36, ch. 2011-139; s. 12, ch. 2015-30.
Note.—Former s. 160.08.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 186 - State and Regional Planning › 186.515 - Creation of Regional Planning Councils Under Chapter 163.

186.515 Creation of regional planning councils under chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and this section is intended to repeal or limit the provisions of chapter 163; however, the local general-purpose governments serving as voting members of the governing body of a regional planning council created pursuant to ss. 186.501-186.507, 186.513, and this section are not authorized to create a regional planning council pursuant to chapter 163 unless an agency, other than a regional planning council created pursuant to ss. 186.501-186.507, 186.513, and this section, is designated to exercise the powers and duties in any one or more of ss. 163.3164 and 380.031(15); in which case, such a regional planning council is also without authority to exercise the powers and duties in s. 163.3164 or s. 380.031(15).
History.—ss. 4, 5, ch. 80-315; s. 4, ch. 82-46; s. 44, ch. 91-45; s. 1, ch. 92-182; ss. 3, 38, ch. 93-206; s. 37, ch. 2011-139.
Note.—Former s. 160.09.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 186 - State and Regional Planning › 186.803 - Use of Geographic Information by Governmental Entities.

186.803 Use of geographic information by governmental entities.—When state agencies, water management districts, regional planning councils, local governments, and other governmental entities use maps, including geographic information maps and other graphic information materials, as the source of data for planning or any other purposes, they must take into account that the accuracy and reliability of such maps and data may be limited by various factors, including the scale of the maps, the timeliness and accuracy of the underlying information, the availability of more accurate site-specific information, and the presence or absence of ground truthing or peer review of the underlying information contained in such maps and other graphic information. This section does not apply to maps adopted pursuant to part II of chapter 163.
History.—s. 9, ch. 96-416.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 186 - State and Regional Planning › 186.901 - Population Census Determination.

186.901 Population census determination.—
(1) The Office of Economic and Demographic Research shall annually provide to the Executive Office of the Governor population estimates of local governmental units as of April 1 of each year, utilizing accepted statistical practices. The population of local governments provided by the Office of Economic and Demographic Research shall apply to any revenue-sharing formula with local governments under the provisions of ss. 218.20-218.26, part II of chapter 218. The Office of Economic and Demographic Research shall additionally provide the Executive Office of the Governor population estimates for municipal annexations or consolidations occurring during the period April 1 through February 28, and the Executive Office of the Governor shall include these estimates in its certification to the Department of Revenue for the annual revenue-sharing calculation.
(2)(a) Population shall be computed as the number of residents, employing the same general guidelines used by the United States Bureau of the Census.
(b) For the purpose of revenue-sharing distribution formulas and distribution proportions for the local government half-cent sales tax, inmates and patients residing in institutions operated by the Federal Government, the Department of Corrections, the Department of Health, or the Department of Children and Families shall not be considered to be residents of the governmental unit in which the institutions are located.
(c) Nothing herein shall be construed to prohibit the separate determination of any categories of persons, whether resident or nonresident.
(3) In cases of annexation or consolidation, local governments shall be required to submit to the Executive Office of the Governor, within 30 days following annexation or consolidation, a statement as to the population census effect of the action.
(4) Estimates of inmates and patients pursuant to paragraph (2)(b) shall be separately stated in population reports issued pursuant to this section.
History.—s. 3, ch. 72-360; s. 1, ch. 75-93; s. 1, ch. 77-174; s. 1, ch. 78-209; s. 76, ch. 79-190; s. 11, ch. 82-154; s. 2, ch. 83-299; s. 16, ch. 99-8; s. 44, ch. 2000-371; s. 40, ch. 2014-19.
Note.—Former s. 23.019.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 187 - State Comprehensive Plan › 187.101 - Description of Plan; Legislative Intent; Construction and Application of Plan.

187.101 Description of plan; legislative intent; construction and application of plan.—
(1) The State Comprehensive Plan shall provide long-range policy guidance for the orderly social, economic, and physical growth of the state. It shall be reviewed biennially by the Legislature, and implementation of its policies shall require legislative action unless otherwise specifically authorized by the constitution or law.
(2) The State Comprehensive Plan is intended to be a direction-setting document. Its policies may be implemented only to the extent that financial resources are provided pursuant to legislative appropriation or grants or appropriations of any other public or private entities. The plan does not create regulatory authority or authorize the adoption of agency rules, criteria, or standards not otherwise authorized by law.
(3) The goals and policies contained in the State Comprehensive Plan shall be reasonably applied where they are economically and environmentally feasible, not contrary to the public interest, and consistent with the protection of private property rights. The plan shall be construed and applied as a whole, and no specific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plan.
History.—s. 1, ch. 85-57.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.01 - Short title.

189.01 Short title.—This chapter may be cited as the “Uniform Special District Accountability Act.”
History.—s. 1, ch. 89-169; s. 6, ch. 2014-22.
Note.—Former s. 189.401.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.011 - Statement of legislative purpose and intent.

189.011 Statement of legislative purpose and intent.—
(1) It is the intent of the Legislature through the adoption of this chapter to provide general provisions for the definition, creation, and operation of special districts. It is the specific intent of the Legislature that dependent special districts shall be created at the prerogative of the counties and municipalities and that independent special districts shall only be created by legislative authorization as provided herein.
(2) The Legislature finds that special districts serve a necessary and useful function by providing services to residents and property in the state. The Legislature finds further that special districts operate to serve a public purpose and that this is best secured by certain minimum standards of accountability designed to inform the public and appropriate local general-purpose governments of the status and activities of special districts. It is the intent of the Legislature that this public trust be secured by requiring each special district in the state to register and report its financial and other activities. The Legislature further finds that failure of a special district to comply with the minimum disclosure requirements set forth in this chapter may result in action against the special district.
(3) Realizing that special districts are created to serve special purposes, the Legislature intends through the adoption of this chapter that special districts cooperate and coordinate their activities with the units of general-purpose local government in which they are located. The reporting requirements set forth in this chapter shall be the minimum level of cooperation necessary to provide services to the citizens of this state in an efficient and equitable fashion.
History.—s. 2, ch. 89-169; s. 7, ch. 2014-22; s. 2, ch. 2016-22.
Note.—Subsection (1) former s. 189.402(1); subsection (2) former s. 189.402(6); subsection (3) former s. 189.402(7).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.013 - Special districts; creation, dissolution, and reporting requirements.

189.013 Special districts; creation, dissolution, and reporting requirements.—All special districts, regardless of the existence of other, more specific provisions of applicable law, shall comply with the creation, dissolution, and reporting requirements set forth in this chapter.
History.—s. 4, ch. 89-169; s. 5, ch. 97-255; s. 11, ch. 2014-22.
Note.—Former s. 189.4031(1).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.014 - Designation of registered office and agent.

189.014 Designation of registered office and agent.—
(1) Within 30 days after the first meeting of its governing body, each special district in the state shall designate a registered office and a registered agent and file such information with the local governing authority or authorities and with the department. The registered agent shall be an agent of the district upon whom any process, notice, or demand required or permitted by law to be served upon the district may be served. A registered agent shall be an individual resident of this state whose business address is identical with the registered office of the district. The registered office may be, but need not be, the same as the place of business of the special district.
(2) The district may change its registered office or change its registered agent, or both, upon filing such information with the local governing authority or authorities and with the department.
History.—s. 10, ch. 79-183; s. 15, ch. 81-167; s. 23, ch. 89-169; s. 18, ch. 97-255; s. 38, ch. 2014-22.
Note.—Former s. 189.004; s. 189.416.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.015 - Meetings; notice; required reports.

189.015 Meetings; notice; required reports.—
(1) The governing body of each special district shall file quarterly, semiannually, or annually a schedule of its regular meetings with the local governing authority or authorities. The schedule shall include the date, time, and location of each scheduled meeting. The schedule shall be published quarterly, semiannually, or annually in the manner required in this subsection. The governing body of an independent special district shall advertise the day, time, place, and purpose of any meeting other than a regular meeting or any recessed and reconvened meeting of the governing body, at least 7 days before such meeting as provided in chapter 50 in the county or counties in which the special district is located, unless a bona fide emergency situation exists, in which case a meeting to deal with the emergency may be held as necessary, with reasonable notice, so long as it is subsequently ratified by the governing body. No approval of the annual budget shall be granted at an emergency meeting. The notice shall be posted as provided in chapter 50. Any other provision of law to the contrary notwithstanding, and except in the case of emergency meetings, water management districts may provide reasonable notice of public meetings held to evaluate responses to solicitations issued by the water management district, as provided in chapter 50 by publication on a publicly accessible website or by publication in a newspaper in the county where the principal office of the water management district is located, or in the county or counties where the public work will be performed, no fewer than 7 days before such meeting.
(2) All meetings of the governing body of the special district shall be open to the public and governed by the provisions of chapter 286.
(3) Meetings of the governing body of the special district shall be held in a public building when available within the district, in a county courthouse of a county in which the district is located, or in a building in the county accessible to the public.
History.—s. 10, ch. 79-183; s. 78, ch. 81-259; s. 24, ch. 89-169; s. 19, ch. 97-255; s. 33, ch. 99-378; s. 39, ch. 2014-22; s. 16, ch. 2021-17; s. 15, ch. 2022-103.
Note.—Former s. 189.005; s. 189.417.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.017 - Rulemaking authority.

189.017 Rulemaking authority.—The department may adopt rules to implement the provisions of this chapter.
History.—s. 59, ch. 89-169; s. 22, ch. 97-255; s. 67, ch. 2011-142; s. 46, ch. 2014-22.
Note.—Former s. 189.425.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.018 - Fee schedule; Grants and Donations Trust Fund.

189.018 Fee schedule; Grants and Donations Trust Fund.—The department, by rule, shall establish a schedule of fees to pay one-half of the costs incurred by the department in administering this act, except that the fee may not exceed $175 per district per year. The fees collected under this section shall be deposited in the Grants and Donations Trust Fund administered by the department. Any fee rule must consider factors such as the dependent and independent status of the district and district revenues for the most recent fiscal year as reported to the Department of Financial Services. The department may assess fines of not more than $25, with an aggregate total not to exceed $50, as penalties against special districts that fail to remit required fees to the department. It is the intent of the Legislature that general revenue funds will be made available to the department to pay one-half of the cost of administering this act.
History.—s. 64, ch. 89-169; s. 41, ch. 93-120; s. 15, ch. 96-324; s. 3, ch. 2000-118; s. 31, ch. 2000-151; s. 169, ch. 2003-261; s. 68, ch. 2011-142; s. 47, ch. 2014-22.
Note.—Former s. 189.427.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part I - General Provisions (Ss. 189.01-189.019) › 189.019 - Codification.

189.019 Codification.—
(1) Each district, by December 1, 2004, shall submit to the Legislature a draft codified charter, at its expense, so that its special acts may be codified into a single act for reenactment by the Legislature, if there is more than one special act for the district. The Legislature may adopt a schedule for individual district codification. Any codified act relating to a district, which act is submitted to the Legislature for reenactment, shall provide for the repeal of all prior special acts of the Legislature relating to the district. The codified act shall be filed with the department pursuant to s. 189.016(2).
(2) The reenactment of existing law under this section shall not be construed as a grant of additional authority nor to supersede the authority of any entity pursuant to law. Exceptions to law contained in any special act that are reenacted pursuant to this section shall continue to apply.
(3) The reenactment of existing law under this section shall not be construed to modify, amend, or alter any covenants, contracts, or other obligations of any district with respect to bonded indebtedness. Nothing pertaining to the reenactment of existing law under this section shall be construed to affect the ability of any district to levy and collect taxes, assessments, fees, or charges for the purpose of redeeming or servicing bonded indebtedness of the district.
History.—s. 24, ch. 97-255; s. 3, ch. 98-320; s. 146, ch. 2001-266; s. 49, ch. 2014-22.
Note.—Former s. 189.429.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part II - Dependent Special Districts (Ss. 189.02-189.022) › 189.02 - Dependent special districts.

189.02 Dependent special districts.—
(1) A charter for the creation of a dependent special district created after September 30, 1989, shall be adopted only by ordinance of a county or municipal governing body having jurisdiction over the area affected.
(2) A county is authorized to create dependent special districts within the boundary lines of the county, subject to the approval of the governing body of the incorporated area affected.
(3) A municipality is authorized to create dependent special districts within the boundary lines of the municipality.
(4) Dependent special districts created by a county or municipality shall be created by adoption of an ordinance that includes:
(a) The purpose, powers, functions, and duties of the district.
(b) The geographic boundary limitations of the district.
(c) The authority of the district.
(d) An explanation of why the district is the best alternative.
(e) The membership, organization, compensation, and administrative duties of the governing body.
(f) The applicable financial disclosure, noticing, and reporting requirements.
(g) The methods for financing the district.
(h) A declaration that the creation of the district is consistent with the approved local government comprehensive plans.
(5) The Legislature may create a dependent special district by special act at the request or with the consent of the local government upon which the special district will be dependent.
History.—s. 7, ch. 89-169; s. 7, ch. 97-255; s. 16, ch. 2014-22; s. 5, ch. 2016-22.
Note.—Former s. 189.4041.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part II - Dependent Special Districts (Ss. 189.02-189.022) › 189.021 - Refund of certain special assessments.

189.021 Refund of certain special assessments.—If a dependent special district has levied assessments for an improvement or specialized function for which it was created; no bonds have been issued against which the special assessments are pledged; and the county or municipality which created the special district determines that the demand for the improvement or function no longer exists or the majority of the land against which the special assessments were authorized has been purchased by a tax-exempt governmental agency to be preserved for environmental purposes and which cannot receive the benefit for which the assessments were levied, unspent and unobligated moneys collected as assessments, along with any interest collected thereon, shall be refunded to the original payors of the assessments when the costs of distributing the refund do not exceed the amount available for refund. This section shall operate retroactively to January 1, 1987.
History.—s. 12, ch. 97-255; s. 26, ch. 2014-22.
Note.—Former s. 189.4047.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part II - Dependent Special Districts (Ss. 189.02-189.022) › 189.022 - Status statement.

189.022 Status statement.—The charter of a newly created dependent special district shall contain, and where practical and feasible, the charter of an existing dependent special district shall be amended to contain, a reference to the status of the special district as dependent. When necessary, the status statement shall be amended to conform to the department’s determination or declaratory statement regarding the status of the district.
History.—s. 6, ch. 2016-22.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part III - Independent Special Districts (Ss. 189.03-189.033) › 189.03 - Statement of legislative purpose and intent; independent special districts.

189.03 Statement of legislative purpose and intent; independent special districts.—
(1) The Legislature finds that:
(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable alternative for the establishment, powers, operation, and duration of independent special districts.
(b) It is in the public interest that any independent special district created pursuant to state law not outlive its usefulness and that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-sunshine requirements which apply both to governmental entities and to their elected and appointed officials.
(2) It is the policy of this state:
(a) That independent special districts may be used by the private and public sectors, as authorized by state law, to manage, own, operate, construct, and finance basic capital infrastructure, facilities, and services.
(b) That the exercise by any independent special district of its powers complies with all applicable laws, rules, and regulations.
(3) It is the legislative intent to authorize a uniform procedure by general law to create an independent special district and to provide by general law for the uniform operation, exercise of power, and procedure for termination of any such independent special district.
(4) The Legislature finds and declares that:
(a) Growth and development issues transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues without affecting other units of government.
(b) The provision of capital infrastructure, facilities, and services for the preservation and enhancement of the quality of life of the people of this state may require the creation of multicounty and multijurisdictional districts.
History.—s. 2, ch. 89-169; s. 9, ch. 2014-22.
Note.—Subsections (1)-(3) former s. 189.402(3)-(5); subsection (4) former s. 189.402(8).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part III - Independent Special Districts (Ss. 189.03-189.033) › 189.0311 - Independent special districts; charter requirements.

189.0311 Independent special districts; charter requirements.—
(1) Notwithstanding any general law, special act, or ordinance of a local government to the contrary, any independent special district charter enacted after September 30, 1989, shall contain the information required by s. 189.031(3). Recognizing that the exclusive charter for a community development district is the statutory charter contained in ss. 190.006-190.041, community development districts established after July 1, 1980, pursuant to the provisions of chapter 190 shall be deemed in compliance with this requirement.
(2) Notwithstanding s. 189.072(2), any independent special district established by a special act prior to the date of ratification of the State Constitution on November 5, 1968, and which was not reestablished, reratified, or otherwise reconstituted by a special act or general law after November 5, 1968, is dissolved effective June 1, 2023. An independent special district affected by this subsection may be reestablished on or after June 1, 2023, pursuant to the requirements and limitations of this chapter.
History.—s. 5, ch. 97-255; s. 30, ch. 99-378; s. 12, ch. 2014-22; s. 1, ch. 2022-266.
Note.—Former s. 189.4031(2).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part III - Independent Special Districts (Ss. 189.03-189.033) › 189.033 - Independent special district services in disproportionally affected county; rate reduction for providers providing economic benefits.

189.033 Independent special district services in disproportionally affected county; rate reduction for providers providing economic benefits.—If the governing body of an independent special district that provides water, wastewater, and sanitation services in a disproportionally affected county determines that a new user or the expansion of an existing user of one or more of its utility systems will provide a significant benefit to the community in terms of increased job opportunities, economies of scale, or economic development in the area, the governing body may authorize a reduction of its rates, fees, or charges for that user for a specified period of time. A governing body that exercises this power must do so by resolution that states the anticipated economic benefit justifying the reduction as well as the period of time that the reduction will remain in place. As used in this section, the term “disproportionally affected county” means Bay County, Escambia County, Franklin County, Gulf County, Okaloosa County, Santa Rosa County, Walton County, or Wakulla County.
History.—s. 8, ch. 2012-127; s. 15, ch. 2014-22; s. 13, ch. 2023-173.
Note.—Former s. 189.40401.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part IV - Elections (Ss. 189.04-189.042) › 189.042 - Special district bond referenda.

189.042 Special district bond referenda.—Where required by the State Constitution or general law, special district bond referenda shall be conducted according to ss. 100.211 and 100.221. The provisions of this section shall not apply to community development districts established pursuant to chapter 190.
History.—s. 15, ch. 89-169; s. 31, ch. 2014-22.
Note.—Former s. 189.408.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.05 - Collection of non-ad valorem assessments.

189.05 Collection of non-ad valorem assessments.—Community development districts may and other special districts shall provide for the collection of annual non-ad valorem assessments in accordance with chapter 197 or monthly non-ad valorem assessments in accordance with chapter 170.
History.—s. 14, ch. 89-169; s. 30, ch. 2014-22.
Note.—Former s. 189.4065.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.051 - Bond issuance.

189.051 Bond issuance.—If a referendum is not required, the district shall ensure that, at the time of the closing, the bonds met at least one of the following criteria:
(1) The bonds were rated in one of the highest four ratings by a nationally recognized rating service;
(2) The bonds were privately placed with or otherwise sold to accredited investors;
(3) The bonds were backed by a letter of credit from a bank, savings and loan association, or other creditworthy guarantor, or by bond insurance, guaranteeing payment of principal and interest on the bonds; or
(4) The bonds were accompanied by an independent financial advisory opinion stating that estimates of debt service coverage and probability of debt repayment are reasonable, which opinion was provided by an independent financial advisory, consulting, or accounting firm registered where professional registration is required by law and which is in good standing with the state and in conformance with all applicable professional standards for such opinions.
History.—s. 16, ch. 89-169; s. 10, ch. 96-324; s. 32, ch. 2014-22.
Note.—Former s. 189.4085.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.052 - Assessments levied on facilities regulated under chapter 513.

189.052 Assessments levied on facilities regulated under chapter 513.—When an independent or dependent special district levies an assessment on a facility regulated under chapter 513, the assessment shall not be based on the assertion that the facility is comprised of residential units. Instead, facilities regulated under chapter 513 shall be assessed in the same manner as a hotel, motel, or other similar facility.
History.—s. 9, ch. 2000-355; s. 42, ch. 2014-22.
Note.—Former s. 189.420.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.053 - Purchases from purchasing agreements of special districts, municipalities, or counties.

189.053 Purchases from purchasing agreements of special districts, municipalities, or counties.—Special districts may purchase commodities and contractual services, other than services the acquisition of which is governed by s. 287.055, from the purchasing agreements of other special districts, municipalities, or counties which have been procured pursuant to competitive bid, requests for proposals, requests for qualifications, competitive selection, or competitive negotiations, and which are otherwise in compliance with general law if the purchasing agreement of the other special district, municipality, or county was procured by a process that would have met the procurement requirements of the purchasing special district.
History.—s. 1, ch. 2009-217; s. 44, ch. 2014-22.
Note.—Former s. 189.4221.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.055 - Treatment of special districts.

189.055 Treatment of special districts.—For the purpose of s. 196.199(1), special districts shall be treated as municipalities.
History.—s. 53, ch. 2014-22.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part V - Finance (Ss. 189.05-189.056) › 189.056 - Downtown development districts; ad valorem taxation.

189.056 Downtown development districts; ad valorem taxation.—
(1) It is the intent of the Legislature to encourage the revitalization of downtown areas within large municipalities where the societal ills associated with urban blight are most prevalent. However, in recognition of the traditionally broad home rule power exercised by charter counties, the Legislature intends that this section apply only to certain counties.
(2) The governing body of a municipality with a population of more than 400,000, as determined by the Office of Economic and Demographic Research, and located in a county as defined in s. 125.011(1) may, by ordinance, levy an ad valorem tax of up to 0.475 mill on the taxable value of all real and personal property located in a downtown development district to help finance the operation of the district. The district’s millage may not exceed 0.475 mill and may not exceed the limitations contained in s. 200.001(8)(d) for dependent special districts.
History.—s. 1, ch. 2015-43.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.06 - Legislative intent; centralized location.

189.06 Legislative intent; centralized location.—It is the intent of the Legislature through the adoption of this chapter to have one centralized location for all legislation governing special districts and to:
(1) Improve the enforcement of statutes currently in place that help ensure the accountability of special districts to state and local governments.
(2) Improve communication and coordination between state agencies with respect to required special district reporting and state monitoring.
(3) Improve communication and coordination between special districts and other local entities with respect to ad valorem taxation, non-ad valorem assessment collection, special district elections, and local government comprehensive planning.
(4) Move toward greater uniformity in special district elections and non-ad valorem assessment collection procedures at the local level without hampering the efficiency and effectiveness of the current procedures.
(5) Clarify special district definitions and creation methods in order to ensure consistent application of those definitions and creation methods across all levels of government.
(6) Specify in general law the essential components of any new type of special district.
(7) Specify in general law the essential components of a charter for a new special district.
(8) Encourage the creation of municipal service taxing units and municipal service benefit units for providing municipal services in unincorporated areas of each county.
History.—s. 2, ch. 89-169; s. 8, ch. 2014-22.
Note.—Former s. 189.402(2).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.063 - Education programs for new members of district governing bodies.

189.063 Education programs for new members of district governing bodies.—
(1) The department may provide, contract for, or assist in conducting education programs, as its budget permits, for all newly elected or appointed members of district governing bodies. The education programs shall include, but are not limited to, courses on the code of ethics for public officers and employees, public meetings and public records requirements, public finance, and parliamentary procedure.
(2) An individual district governing body, at its discretion, may bear the costs associated with educating its members. Governing body members of districts which have qualified for a zero annual fee for the most recent invoicing period pursuant to s. 189.018 are not required to pay a fee for any education program the department provides, contracts for, or assists in conducting.
History.—s. 31, ch. 99-378; s. 28, ch. 2014-22.
Note.—Former s. 189.405(5).
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.064 - Special District Accountability Program; duties and responsibilities.

189.064 Special District Accountability Program; duties and responsibilities.—The Special District Accountability Program of the department has the following duties:
(1) Electronically publishing special district noncompliance status reports from the Department of Management Services, the Department of Financial Services, the Division of Bond Finance of the State Board of Administration, the Auditor General, and the Legislative Auditing Committee, for the reporting required in ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance reports must list those special districts that did not comply with the statutory reporting requirements and be made available to the public electronically.
(2) Maintaining the official list of special districts as set forth in s. 189.061.
(3) Publishing and updating of a “Florida Special District Handbook” that contains, at a minimum:
(a) A section that specifies definitions of special districts and status distinctions in the statutes.
(b) A section or sections that specify current statutory provisions for special district creation, implementation, modification, dissolution, and operating procedures.
(c) A section that summarizes the reporting requirements applicable to all types of special districts as provided in ss. 189.015 and 189.016.
(d) A section that summarizes the public facilities reporting requirements and the evaluation and appraisal notification schedule as provided in s. 189.08(2).
(4) Coordinating and communicating among state agencies regarding special districts.
(5) Providing technical advisory assistance to special districts regarding the requirements specified in this chapter which may be performed by the department or by a qualified third-party vendor pursuant to a contract entered into in accordance with applicable bidding requirements.
(6) Providing assistance to local general-purpose governments and state agencies in collecting delinquent reports or information.
(7) Helping special districts comply with reporting requirements.
(8) Declaring special districts inactive when directed by the Legislative Auditing Committee or required by this chapter.
(9) Initiating enforcement proceedings as provided in ss. 189.062, 189.066, and 189.067.
History.—s. 18, ch. 89-169; s. 15, ch. 90-502; s. 79, ch. 92-279; s. 55, ch. 92-326; s. 15, ch. 95-154; ss. 3, 17, ch. 95-272; ss. 11, 12, ch. 96-324; s. 15, ch. 97-255; s. 3, ch. 97-287; s. 69, ch. 99-255; s. 32, ch. 99-378; s. 45, ch. 2001-266; s. 25, ch. 2002-1; s. 168, ch. 2003-261; s. 18, ch. 2004-305; s. 48, ch. 2010-102; s. 65, ch. 2011-142; s. 13, ch. 2011-144; s. 33, ch. 2014-22; s. 12, ch. 2016-22.
Note.—Former s. 189.412.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.065 - Special districts; oversight of state funds use.

189.065 Special districts; oversight of state funds use.—Any state agency administering funding programs for which special districts are eligible shall be responsible for oversight of the use of such funds by special districts. The oversight responsibilities shall include, but not be limited to:
(1) Reporting the existence of the program to the Special District Accountability Program of the department.
(2) Submitting annually a list of special districts participating in a state funding program to the Special District Accountability Program of the department. This list must indicate the special districts, if any, that are not in compliance with state funding program requirements.
History.—s. 19, ch. 89-169; s. 66, ch. 2011-142; s. 34, ch. 2014-22.
Note.—Former s. 189.413.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.0651 - Oversight of special districts created by special act of the Legislature.

189.0651 Oversight of special districts created by special act of the Legislature.—
(1) This section applies to any special district created by special act of the Legislature.
(2) If a special district fails to file required reports or requested information under s. 11.45(6) or (7), s. 218.32, s. 218.38(3), s. 218.39, or s. 218.503(3) with the appropriate state agency or office, the Legislative Auditing Committee may convene a public hearing on the issue of such noncompliance, as well as general oversight of the special district as provided in s. 189.068, at the direction of the President of the Senate and the Speaker of the House of Representatives.
History.—s. 51, ch. 2014-22; s. 8, ch. 2016-22.
Note.—Former s. 189.034.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.0652 - Oversight of special districts created by local ordinance or enacted by local resolution.

189.0652 Oversight of special districts created by local ordinance or enacted by local resolution.—
(1) This section applies to any special district created by local ordinance or enacted by local resolution.
(2) If a special district fails to file required reports or requested information under s. 11.45(6) or (7), s. 218.32, s. 218.38(3), s. 218.39, or s. 218.503(3) with the appropriate state agency or office, the chair or equivalent of the local general-purpose government may convene a public hearing on the issue of such noncompliance, as well as general oversight of the special district as provided in s. 189.068, within 3 months after receipt of notice of noncompliance from the Legislative Auditing Committee. Within 30 days after receiving written notice of noncompliance, the local general-purpose government shall notify the Legislative Auditing Committee as to whether a hearing under this section will be held and, if so, provide the date, time, and place of the hearing.
(3) If the local general-purpose government convenes a public hearing under subsection (2), it shall provide the department and the Legislative Auditing Committee with a report containing its findings and conclusions within 60 days after completion of the public hearing.
History.—s. 52, ch. 2014-22; s. 9, ch. 2016-22.
Note.—Former s. 189.035.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.0653 - Information before public hearing on noncompliance.

189.0653 Information before public hearing on noncompliance.—Before the public hearing as provided in s. 189.0651(2) or s. 189.0652(2) is held, the special district shall provide the following information at the request of the local general-purpose government or the Legislative Auditing Committee, as appropriate:
(1) The district’s annual financial report for the previous fiscal year.
(2) The district’s audit report for the previous fiscal year.
(3) Minutes of meetings of the special district’s governing body for the previous fiscal year and the current fiscal year to date.
(4) A report for the previous fiscal year providing the following:
(a) The purpose of the special district.
(b) The sources of funding for the special district.
(c) A description of the major activities, programs, and initiatives the special district undertook in the most recently completed fiscal year and the benchmarks or criteria under which the success or failure of the district was or will be determined by its governing body.
(d) Any challenges or obstacles faced by the special district in fulfilling its purpose and related responsibilities.
(e) Ways in which the special district’s governing body believes it could better fulfill the special district’s purpose and a description of the actions it intends to take.
(f) Proposed changes to the special act, ordinance, or resolution, as appropriate, which established the special district and justification for such changes.
(g) Any other information reasonably required to provide the reviewing entity with an accurate understanding of the purpose of the special district and how the special district is fulfilling that purpose.
(h) Any reasons for the district’s noncompliance resulting in the public hearing.
(i) Whether the district is currently in compliance.
(j) Plans to correct any recurring issues of noncompliance.
(k) Efforts to promote transparency, including a statement indicating whether the district’s website complies with s. 189.069.
History.—s. 13, ch. 2016-22.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VI - Oversight and Accountability (Ss. 189.06-189.0695) › 189.066 - Effect of failure to file certain reports or information.

189.066 Effect of failure to file certain reports or information.—
(1) If an independent special district fails to file the reports or information required under s. 189.014, s. 189.015, s. 189.016(9), or s. 189.08 with the local general-purpose government or governments in which it is located, the person authorized to receive and read the reports or information or the local general-purpose government shall notify the district’s registered agent. If requested by the district, the local general-purpose government shall grant an extension of up to 30 days for filing the required reports or information. If the governing body of the local general-purpose government or governments determines that there has been an unjustified failure to file these reports or information, it shall notify the department, and the department may proceed pursuant to s. 189.067(1).
(2) If a dependent special district fails to file the reports or information required under s. 189.014, s. 189.015, or s. 189.016(9) with the local governing authority to which it is dependent, the local governing authority shall take whatever steps it deems necessary to enforce the special district’s accountability. Such steps may include, as authorized, withholding funds, removing governing body members at will, vetoing the special district’s budget, conducting the oversight review process set forth in s. 189.068, or amending, merging, or dissolving the special district in accordance with the provisions contained in the ordinance that created the dependent special district.
(3) If a special district fails to file the reports or information required under s. 218.38 with the appropriate state agency, the agency shall notify the department, and the department shall send a certified technical assistance letter to the special district which summarizes the requirements and compels the special district to take steps to prevent the noncompliance from reoccurring.
(4) If a special district fails to file the reports or information required under s. 112.63 with the appropriate state agency, the agency shall notify the department and the department shall proceed pursuant to s. 189.067(1).
(5) If a special district fails to file the reports or information required under s. 218.32 or s. 218.39 with the appropriate state agency or office, the state agency or office shall, and the Legislative Auditing Committee may, notify the department and the department shall proceed pursuant to s. 189.067.
History.—s. 10, ch. 79-183; s. 26, ch. 89-169; s. 14, ch. 96-324; s. 145, ch. 2001-266; s. 20, ch. 2004-305; s. 15, ch. 2011-144; s. 41, ch. 2014-22.
Note.—Former s. 189.007; s. 189.419.
2023 Florida Statutes › Title XIII - Planning and Development › Chapter 189 - Uniform Special District Accountability Act › Part VII - Merger and Dissolution (Ss. 189.07-189.0761) › 189.071 - Merger or dissolution of a dependent special district.

189.071 Merger or dissolution of a dependent special district.—
(1) The merger or dissolution of a dependent special district may be effectuated by an ordinance of the local general-purpose governmental entity wherein the geographical area of the district or districts is located. However, a county may not dissolve a special district that is dependent to a municipality or vice versa, or a dependent district created by special act.
(2) The merger or dissolution of an active dependent special district created and operating pursuant to a special act may be effectuated only by further act of the Legislature unless otherwise provided by general law.
(3) A dependent special district that meets any criteria for being declared inactive pursuant to s. 189.062 may be dissolved or merged by special act without a referendum.
(4) A copy of any ordinance and of any changes to a charter affecting the status or boundaries of one or more special districts shall be filed with the Special District Accountability Program within 30 days after such activity.
History.—s. 8, ch. 89-169; s. 8, ch. 97-255; s. 1, ch. 2012-16; s. 18, ch. 2014-22; s. 17, ch. 2016-22.
Note.—Former s. 189.4042(2).