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Agenda 01/10/2012 Item # 9D1/10/2012 Item 9.D. EXECUTIVE SUMMARY Recommendation to approve a Resolution acknowledging the Board of County Commissioners' support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. OBJECTIVE: To obtain the Board of County Commissioners' approval of a Resolution Supporting Senate Bill 192 (SB 192), which amends, in part, the procedures for merger and dissolution of two or more independent special districts. CONSIDERATIONS: SB 192, sponsored by Senator Mike Bennett, creates a process that allows independent special districts to merge with contiguous districts serving similar functions. Mergers can be triggered either by a citizen petition or by the districts' governing boards, and must be approved by a referendum. The bill also creates a process for districts to declare themselves inactive by a unanimous resolution of their governing boards. Inactive districts could then be dissolved without a referendum. Further, SB 192 allows two or more contiguous independent special districts with similar functions and governing bodies that were created by the Legislature to voluntarily merge prior to a special act. The bill allows merger proceedings to be initiated either by joint resolution of the governing bodies of each district or by 40 percent or more of the qualified electors in each district. The bill requires independent special districts to adopt a merger plan that outlines the specific components for the proposed merger which shall be subject to a public hearing and a voter referendum. SB 192 states that the act shall preempt any special act to the contrary and does not apply to independent special districts whose governing bodies are elected by district landowners voting the acreage owned within the district. The bill also repeals current statutory provisions addressing the merger of independent special fire control districts. Finally, SB 192 allows the Department of Economic Opportunity to declare a special district inactive if the district's governing body unanimously adopts a resolution declaring inactivity. If a local general- purpose government seeks to dissolve an active independent special district created and operating pursuant to a special act whose governing body objects by resolution to the dissolution, the dissolution of the active independent special district is not effective until a special act of the Legislature is approved by a majority of the resident electors of the district or landowners voting in the same manner by which the independent special district's governing body is elected. This paragraph also applies if an independent special district's governing body elects to dissolve the district by less than a supermajority vote of the governing body. The political subdivisions proposing the involuntary dissolution of an active independent special district shall be responsible for payment of any expenses associated with the referendum required under this paragraph. Packet Page -537- 1/10/2012 Item 9.D. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Resolution in Support Senate Bill 192, which amends the procedures for merger and dissolution of two or more independent special districts. SUBMITTED BY: Commissioner Tom Henning AGENDA DATE: January 10, 2012 Packet Page -538- COLLIER COUNTY Board of County Commissioners Item Number: 9.1). 1/10/2012 Item 9.D. Item Summary: Recommendation to approve a resolution acknowledging the Board of County Commissioner's support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. (Commissioner Henning) Meeting Date: 1/10/2012 Prepared By Name: Evelyn Prieto Title: Executive Aide to the BCC, 1/3/2012 4:00:33 PM Submitted by Title: Executive Aide to the BCC, Name: Evelyn Prieto 1/3/2012 4:00:35 PM Approved By Name: MitchellIan Title: Executive Manager, BCC Date: 1/4/2012 11:55:37 AM Name: OchsLeo Title: County Manager Date: 1/4/2012 12:13:35 PM Packet Page -539- 1/10/2012 Item 9.D. RESOLUTION NO. 2011- A RESOLUTION IN SUPPORT OF SENATE BILL 192 PERTAINING TO AMENDING THE PROCEDURES FOR MERGER AND DISSOLUTION OF SPECIAL DISTRICTS. WHEREAS, Florida Senate Bill 192 (SB 192) sponsored by Senator Mike Bennett creates a process that allows two or more independent special districts to merge with contiguous independent special districts that serve similar functions, whereby such mergers can be triggered either by a citizen petition or by those district's governing boards, and must be approved by a referendum; and WHEREAS, SB 192 also creates a process for special districts to declare themselves inactive by a unanimous resolution of their governing boards and allows inactive districts to be dissolved without a referendum; and WHEREAS, SB 192 allows two or more contiguous independent special districts with similar functions and governing bodies that were created by the Legislature to voluntarily merge prior to a special act and allows merger proceedings to be initiated either by a joint resolution of the governing bodies of each district or by 40 percent or more of the qualified electors in each district; and WHEREAS, SB 192 requires independent special districts to adopt a merger plan that outlines the specific components for the proposed merger which shall be subject to a public hearing and voter referendum; and WHEREAS, if enacted, SB 192, shall preempt any special act to the contrary and does not apply to independent special districts whose governing bodies are elected by district landowners voting the acreage owned within the district; and WHEREAS, SB 192 also repeals current statutory provisions addressing the merger of independent special fire control districts. In addition, it allows the Department of Economic Opportunity to declare a special district inactive if the district's governing body unanimously adopts a resolution declaring inactivity. Page 1 of 2 Packet Page -540- 1/10/2012 Item 9.D. This Resolution adopted after motion, second and majority vote this 8th day of November 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M_wo Approved as to form and legal sufficiency: ;C.� -u P/Jr-� Scott Teach Deputy County Attorney FRED W. COYLE, CHAIRMAN Page 2 of 2 Packet Page -541- 1/10/2012 Item 9.D. PrietoEvelvn From: Robert D. Metzger [bobmetzger @ggfire.com] Sent: Tuesday, November 01, 20112:43 PM To: HenningTom Subject: RE: senate bill Good afternoon Comm. Henning: 1 reviewed the draft bill as requested. I cannot take a position on it as the President of the CCFCA, as we have not met to discuss it. (Most of the CCFCA members would not be comfortable publicly speaking out on it without their individual Boards authorizing such a position.) I can say that I Personally view it as a well - structured process that clearly explains the processes for merging independent districts. Since it leaves the ultimate authority in the hands of the electorate, I view it as a useful process. Hope that helps... Bob Metzger Fire Chief Golden Gate Fire Control and Rescue District From: HenningTom fmailto:Tom Hen ning(abcollier ov. netj Sent: Thursday, October 27, 2011 10:49 AM To: Robert D. Metzger Subject: senate bill Good Morning Chief Wanting to provide you with Senator Bennett's bill about an easier way how special districts can consolidate and asking your opinion on the bill as president of the chief association. Hope all is well, thanks for your time Tom Henning Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing. IntegrityNETworx SpamSereen Message Security: Check Authenticity Packet Page -542- 1/10/2012 Item 9. D. Florida Senate - 2012 SB 192 By Senator Bennett 21-00285-12 2012192_ 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 providing definitions; requiring the merger or 6 dissolution of dependent special districts created by 7 a special act to be effectuated by the Legislature; 8 providing for the merger or dissolution of inactive 9 special districts by special act without referenda; 10 requiring involuntary dissolution procedures for 11 independent special districts to include referenda; 12 providing for the dissolution of inactive independent 13 special districts by special act; providing for local 14 governments to assume indebtedness of, and receive 15 title to property owned by, special districts under 16 certain circumstances; providing for the merger of 17 certain independent special districts by the 18 Legislature; providing procedures and requirements for 19 the voluntary merger of contiguous independent special 20 districts; limiting the authority of the merged 21 district to levy and collect revenue until a unified 22 charter is approved by the Legislature; providing for 23 the effect of the merger on employees, legal 24 liabilities, obligations, proceedings, and annexation; 25 providing for the determination of certain rights by 26 the governing body of the merged district; providing 27 that such provisions preempt certain special acts; 28 providing procedures and requirements for the 29 involuntary merger of independent special districts; Page 1 of 30 CODING: Words str-4:eken are deletions; words underlined are additions. Packet Page -543- 1/10/2012 Item 9. D. Florida Senate - 2012 S8 192 21- 00285 -12 2012192 30 providing exemptions from merger and dissolution 31 procedures; amending s. 191.014, F.S.; deleting a 32 provision relating to the conditions under which the 33 merger of independent special districts or dependent 34 fire control districts with other special districts is 35 effective and the conditions under which a merged 36 district is authorized to increase ad valorem taxes; 37 amending s. 189.4044, F.S.; revising criteria by which 38 special districts are declared inactive by a governing 39 body; authorizing such districts to be dissolved 40 without a referendum; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 189.4042, Florida Statutes, is amended 45 to read: 46 189.4042 Merger and dissolution procedures. - 47 (1) DEFINITIONS. -As used in this section, the term: 48 (a) "Component independent special district" means an 49 independent special district that proposes to be merged into a 50 merged independent district, or an independent special district 51 as it existed before its merger into the merged independent 52 district of which it is now a part. 53 (b) "Elector- initiated merger plan" means the merger plan 54 of two or more independent special districts, a majority of 55 whose qualified electors have elected to merge, which outlines 56 the terms and agreements for the official merger of the 57 districts and is finalized and approved by the governing bodies 581 of the districts pursuant to this section. Page 2 of 30 CODING: Words e;gin are deletions; words underlined are additions. Packet Page -544- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 59 (c) "Governing body" means the governing body of the 60 independent special district in which the general legislative, 61 governmental, or public powers of the district are vested and by 62 authority of which the official business of the district is 63 conducted. 64 (d) "Initiative" means the filing of a petition containing 65 a proposal for a referendum to be placed on the ballot for 66 election. 67 (e) "Joint merger plan" means the merger plan that is 68 adopted by resolution of the governing bodies of two or more 69 independent special districts that outlines the terms and 70 agreements for the official merger of the districts and that is 71 finalized and approved by the governing bodies pursuant to this 72 section. 73 (f) "Merged independent district" means a single 74 independent special district that results from a successful 75 merger of two or more independent special districts pursuant to 76 this section. 77 (g) "Merger" means the combination of two or more 78 contiguous independent special districts resulting in a newly 79 created merged independent district that assumes jurisdiction 80 over all of the component independent special districts. 81 (h) "Merger plan" means a written document that contains 82 the terms, agreements, and information regarding the merger of 83 two or more independent special districts. 84 (i) "Proposed elector-initiated merger plan" means a 85 written document that contains the terms and information 86 regarding the merger of two or more independent special 87 districts and that accompanies the petition initiated by the Page 3 of 30 CODING: Words r.�en are deletions; words underlined are additions. Packet Page -545- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21-00285-12 2012192_ 88 qualified electors of the districts but that is not yet 89 finalized and approved by the governing bodies of each component 90 independent special district pursuant to this section. 91 _(j) "Proposed joint merger means a written document 92 that contains the terms and information regarding the merger of 93 two or more independent special districts and that has been 94 prepared pursuant to a resolution of the igoverning bodies of the 95 districts but that is not yet finalized and approved-by the 96 governing bodies of each component independent special district 97 pursuant to this section. 98 (k) "Qualified elector" means an individual at least 18 99 years of age age who is a citizen of the United States, a permanent 100 resident of this state, and a resident of the district who 101 registers with the supervisor of elections of a county within 102 which the district lands are located when the registration books 103 are open. 104 (2)+1+ MERGER OR DISSOLUTION OF A DEPENDENT SPECIAL 105 DISTRICT. - 106 (a) The merger or dissolution of a dependent special 107 district 4=str­6et=- may be effectuated by an ordinance of the 108 general-purpose local governmental entity wherein the 109 geographical area of the district or districts is located. 110 However, a county may not dissolve a special district that is 111 dependent to a municipality or vice versa, or a dependent 112 district created by special act. 113 (b) The merger or dissolution of a dependent special 114 district created and operating pursuant to a special act may be 115 effectuated only by further act of the Legislature unless 116 otherwise provided by general law. Page 4 of 30 CODING: Words etL,':eleen are deletions; words underlined are additions. Packet Page -546- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21-00285-12 2012192_ 117 (c) A dependent special district that meets any criteria 118 for being declared inactive, or that has already been declared 119 inactive, pursuant to s. 189.4044 may be dissolved or merged by 120 special act without a referendum. 121 (d)-P--,* A copy of any ordinance and of any changes to a 122 charter affecting the status or boundaries of one or more 123 special districts shall be filed with the Special District 124 Information Program within 30 days after e-f- such activity. 125 (3)-4,-P-+ DISSOLUTION OF AN INDEPENDENT SPECIAL DISTRICT. - 126 (a) Voluntary dissolution.—The voluntary ffterrge3-a e-r- 127 dissolution of an independent special district dependent- 128 eldetw created and operating pursuant to a special act may 29 e� be effectuated only by the Legislature unless otherwise 130 provided by general law. 131 (b) Involuntary dissolution.—If a local general-purpose 132 government seeks to dissolve an active independent special 133 district created and operating pursuant to -a special act whose 134 governing body objects by resolution to the dissolution, the 135 dissolution of the active independent special district is not 136 effective until a special act of the Legislature is approved by 137 a majority of the resident electors of the district or 138 landowners voting in the same manner by which the independent 139 special district's governing body is elected. This paragraph ' 140 also applies if an independent special district's governing body 141 elects to dissolve the district by less than a supermajority 142 vote of the governing body. The political subdivisions proposing 143 the involuntary dissolution of an active independent special 144 district shall be responsible for payment of any expenses 145 associated with the referendum required under this paragraph. Page 5 of 30 CODING: Words s�=L-4:eleen are deletions; words underlined are additions. Packet Page -547- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00265-12 2012192 146 (c) Inactive independent special districts.-An independent 147 special district that meets any criteria for being declared 148 inactive, or that has already been declared inactive, pursuant 149 to s. 189.4044 may be dissolved by special act without a 150 referendum. If an inactive independent special district was 151 created by a county or municipality through a referendum, the 152 county or municipality that created the district may dissolve 153 the district after publishing notice as described in s. 154 189.4044. If an independent special district was created by a 155 county or municipality by referendum or any other procedure, the 156 county or municipality that created the district may merge or 157 dissolve the district pursuant to a referendum or any other eke 158 saffie procedure by which the independent district was created. 159 However, if the fei- any independent special district has ad 160 valorem taxation powers, the same procedure required to grant 161 the siael-, independent district ad valorem taxation powers is 162 she!! alse be required to dissolve arr mer-Ej the district. 163 (d) Debts and assets.-Financial allocations of the assets 164 and indebtedness of a dissolved independent special district 165 shall be pursuant to s. 189.4045. 166 (4) LEGISLATIVE MERGER OF INDEPENDENT SPECIAL DISTRICTS. - 167 The Legislature may merge,..,independent special districts created 168 and operating pursuant to special act. 169 (5) VOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.-Two 170 or more contiguous independent special districts created by 171 special act which have similar functions and elected governing 172 bodies may elect to merge into a single independent district 173 through the act of merging the component independent special 174 districts. Page 6 of 30 CODING: Words etim�:e4�eft are deletions; words underlined are additions. Packet Page -548- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 175 (a) Initiation.—Merger proceedings may commence by: 176 1. A joint resolution of the governing bodies of each 177 independent special district which endorses a proposed joint 178 merger plan; or 179 2. A qualified elector initiative. 180 (b) Joint merger plan by resolution.—The governing bodies 181 of two or more contiguous independent special districts may, by 182 joint resolution, endorse a proposed joint merger plan to 183 commence proceedings to merge the districts pursuant to this 184 subsection. 185 1. The proposed joint merger plan must specify: 186 a. The name of each component independent special district 37 to be merged; 188 b. The name of the proposed merged independent district; 189 c. The rights, duties, and obligations of the proposed 190 merged independent district; 191 d. The territorial boundaries of the proposed merged 192 independent district; 193 e. The governmental organization of the proposed merged 194 independent district insofar as it concerns elected and 195 appointed officials and public employees, along with a 196 transitional plan and schedule for elections and appointments of 197 officials; 198 f. A fiscal estimate of the potential cost or savings as a 199 result of the merger; 200 g. Each component independent special district's assets, 201 including, but not limited to, real and personal property, and 202 the current value thereof; 203 h. Each component independent special district's Page 7 of 30 CODING: Words s45r4eken are deletions; words underlined are additions. Packet Page -549- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21- 00285 -12 2012192_ 204 liabilities and indebtedness, bonded and otherwise, and the 205 current value thereof; 206 i. Terms for the assumption and disposition of existing 207 assets, liabilities, and indebtedness of each component 208 independent special district jointly, separately, or in defined 209 proportions; 210 j. Terms for the common administration and uniform 211 enforcement of existing laws within the proposed merged 212 independent district; 213 k. The times and places for public hearings on the proposed 214 joint merger plan; 215 1. The times and places for a referendum in each component 216 independent special district on the proposed joint merger plan, 217 along with the referendum lan ua e to be presented for approval; 218 and 219 m. The effective date of the proposed merger. 220 2. The resolution endorsing the proposed joint merger plan 221 must be approved by a majority vote of the governing bodies of 222 each component independent special district and adopted at least 223 60 business days before any general or special election on the 224 proposed joint merger plan. 225 3. Within 5 business days after the governing bodies 226 approve the resolution endorsing the proposed -joint merger plan, 227 the governing bodies must: 228 a. Cause .a copy of the proposed joint merger plan, along 229 with a descriptive summary of the plan, to be displayed and be 230 readily accessible to the public for inspection in at least 231 three public places within the territorial limits of each 232 component independent special district, unless a component Page 8 of 30 CODING: Words st=r4:ekew are deletions; words underlined are additions. Packet Page -550- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 233 independent special district has fewer than three public places, 234 in which case the plan must be accessible for inspection in all 235 public places within the component independent special district; 236 b. If applicable, cause the proposed joint merger plan, 237 along with a descriptive summary of the plan and a reference to 238 the public places within each component independent special 239 district where a copy of the merger plan may be examined, to be 240 displayed on a website maintained by each district or on a 241 website maintained by the county or municipality in which the 242 districts are located; and 243 c. Arrange for a descriptive summary of the proposed joint 244 merger plan, and a reference to the public places within the 15 district where a copy may be examined, to be published in a 246 newspaper of general circulation within the component 247 independent special districts at least once each week for 4 248 successive weeks. 249 4. The governing body of each component independent special 250 district shall set a time and place for one or more public 251 hearings on the proposed joint merger plan. Each public hearing 252 shall be held on a weekday at least 7 business days after the 253 day the first advertisement is published on the proposed joint 254 merger plan. The hearing or hearings may be held jointly or 255 separately by the governing bodies of the component independent 256 special districts. Any interested person residing in the 257 respective district shall be given a reasonable opportunity to 258 be heard on any aspect of the proposed merger at the public 259 hearing. 260 a. Notice of the public hearing addressing the resolution 261 for the proposed joint merger plan must be published pursuant to Page 9 of 30 CODING: Words 5t25ieken are deletions; words underlined are additions. Packet Page -551- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21-00285-12 2012192_ 262 the notice requirements in s. 189.417 and must provide a 263 descriptive summary of the proposed joint merger plan and a 264 reference to the public places within thecomponent independent 265 special districts where a copy of the plan may be examined. 266 b. After the final public hearing, the governing bodies of 267 each component independent special district may amend the 268 proposed joint merger plan if the amended version complies with 269 the notice and public hearing requirements provided in this 270 subsection. Thereafter, the governing bodies may approve a final 271 version of the joint merger plan or decline to proceed further 272 with the merger. Approval by the governing bodies of the final 273 version of the joint merger plan must occur within 60 business 274 days after the final hearing. 275 5. After the final public hearing, the governing bodies 276 shall notify the ,supervisors of elections of the applicable 277 counties in which district lands are located of the adoption of 278 the resolution by each governing body. The supervisors of 279 elections shall schedule a separate referendum for each 280 component independent special district. The referenda may be 281 held in each district on the same day, or on different days, but 282 no more than 20 days apart. 283 a. Notice of a referendum on the merger of independent 284 special districts must be_ provided --pursuant to the notice 285 requirements in s. 100.342. At a minimum, the notice must 286 include: 287 (1) A brief summary of the resolution and joint merger 288 plan; 289 (11) A statement as to where a copy of the resolution and 290 joint merger plan may be examined; Page 10 of 30 CODING: Words et-r4e;rre are deletions; words underlined are additions. Packet Page -552- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 291 (111) The names of the component independent special 292 districts to be merged and a description of their territory; 293 (IV) The times and places at which the referendum will be 294 held; and 295 (V) Such other matters as may be necessary to call, provide 296 for, and give notice of the referendum and to provide for the 297 conduct thereof and the canvass of the returns. 298 b. The referenda must be held in accordance with the 299 Florida Election Code and may be held pursuant to ss. 101.6101- 300 101.6107. All costs associated with the referenda shall be borne 301 by the respective component independent special district. 302 c. The ballot question in such referendum placed before the )3 qualified electors of each component independent special 304 district to be merged must be in substantially the following 305 form: 306 307 "Shall (...name of component independent special 308 district...} and (...name of component independent special 309 district or districts...) be merged into (...name of newly 310 merged independent district...)? 311 YES 312 NO" 313 314 d. If the component independent special districts proposing 315 to merge have disparate millage rates, the ballot question in 316 the referendum placed before the qualified electors of each 317 component independent special district must be in substantially 318 the following form: 319 Page 11 of 30 CODING: Words eti=ieken are deletions; words underlined are additions. Packet Page -553- 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338. 339 340 341 342 343 344 345 346 347 348 Florida Senate - 2012 21- 00285 -12 1/10/2012 Item 9.D. SB 192 2012192 "Shall (...name of component independent special district...) and (...name of component independent special district or districts...) be merged into (...name of newly merged independent district...) if the voter - approved maximum millage rate within each independent special district will not increase absent a subsequent referendum? YES NO" e. In any referendum held pursuant to this paragraph, the ballots shall be counted, returns made and canvassed, and results certified in the same manner as other elections or referenda for the component independent special districts f. The merger may not take effect unless a majority of the votes cast in each component independent special district are in favor of the merger. If one of the component districts does not obtain a majority vote, the referendum fails, and merger does not take effect. g. If the merger is approved by a majority of the votes cast in each component independent special district, the merged independent district is created. Upon approval, the merged independent district shall notify the Special District Information Program pursuant to s. 189.418(2) and the local general- purpose governments in which any part of the component independent special districts is situated pursuant to s. 189.418(7). h. If the referendum fails, the merger process under this paragraph may not be initiated for the same purpose within 2 years after the date of the referendum. Page 12 of 30 CODING: Words ezl=ieleen are deletions; words underlined are additions. Packet Page -554- 349 350 351 352 353 354 355 356 357 358 359 360 -) 1 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 Florida Senate - 2012 21-00285-12 1/10/2012 Item 9. D. SB 192 2012192_ 6. Component independent special districts merged pursuant to a joint merger plan by resolution shall continue to be aoverned as before the merger until the effective date specified in the adopted joint merger plan. (c) Qualified elector-initiated merger plan. -The qualified electors of two or more contiguous independent special districts may commence a merger proceeding by each filing a petition with the governing body of their respective independent special district proposing to be merged. The petition must contain the signatures of at least 40 percent of the qualified electors of each component independent special district and must be submitted to the appropriate component independent special district governing body no later than 1 year after the start of the qualified elector-initiated merger process. 1. The petition must comply with, and be circulated in, the followina form: PETITION FOR INDEPENDENT SPECIAL DISTRICT MERGER We, the undersiqned electors and legal voters of (...name of independent special district...), qualified to vote at the next general or special election, respectfully petition that there be submitted to the electors and legal voters of (...name of independent special district or districts proposed to be merged...), for their approval or rejection at a referendum held for that purpose, a proposal to merge (...name of component independent special district...) and (...name of component independent special district or districts...). Page 13 of 30 CODING: Words st-icieleen are deletions; words underlined are additions. Packet Page -555- 1/10/2012 Item 9.D. Florida Senate - 2012 SS 192 21-00285-12 2012192 378 In witness thereof, we have signed our names on the date 379 indicated next to our signatures. 380 361 Date Name (print under signature) Home Address 382 383 384 385 2. The petition must be validated by a signed statement by 386 a witness who is a duly qualified elector of one of the 387 component independent special districts, a notary public, or 388 another person authorized to take acknowledgements. 389 a. A statement that is signed by a witness who is a duly 390 qualified elector of the respective district shall be accepted 391 for all purposes as the equivalent of an affidavit. Such 392 statement must be in substantially the following form: 393 394 (...name of witness...), state that I am a duly 395 _qualified voter of (...name of independentspecial district ... 396 Each of the (...insert number ... )persons who have signed this 397 petition sheet has signed his or her name in my presence on the 398 dates indicated above and identified himself or herself to be 399 the same person who signed the sheet. I understand that this 400 statement will be accepted for all purposes as the equivalent of 401 an affidavit and, if it contains a materially false statement, 402 shall subject me to the penalties of perjury." 403 404 Date Signature of Witness 405 406 b. A statement that is signed by a notary public or another Page 14 of 30 CODING: Words str-ieleeft are deletions; words underlined are additions. Packet Page -556- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 407 person authorized to take acknowledgements must be in 408 substantially the following form: 409 410 "On the date indicated above before me personally came each 411 of the (...insert number ... ) electors and legal voters whose 412 signatures appear on this petition sheet, who signed the 413 petition in my presence and who, being by me duly sworn, each 414 for himself or herself, identified himself or herself as the 415 same person who signed the petition, and I declare that the 416 foregoing information they provided was true." 417 418 Date Signature of Witness 19 420 c. An alteration or correction of information appearing on 421 a petition's signature line, other than an uninitialed signature 422 and date, does not invalidate such signature. In matters of 423 form, this paragraph shall be liberally construed, not 424 inconsistent with substantial compliance thereto and the 425 prevention of fraud. 426 d. The appropriately signed petition must be filed with the 427 governing body of each component independent special district. 428 The petition must be submitted to the supervisors of elections 429 of the counties in which the district lands are located. The 430 supervisors shall, within 30 business days after receipt of the 431 petitions, certify to the governing bodies the number of 432 signatures of qualified electors contained on the petitions. 433 3. Upon verification by the supervisors of elections of the 434 counties within which component independent special district 435 lands are located that 40 percent of the qualified electors have Page 15 of 30 CODING: Words �leen are deletions; words underlined are additions. Packet Page -557- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21- 00285 -12 2012192_ 436 petitioned for merger and that all such petitions have been 437 executed within 1 year after the date of the initiation of the 438 qualified - elector merger process, the governing bodies of each 439 component independent special district shall meet within 30 440 business days to prepare and approve by resolution a proposed 441 elector- initiated merger plan. The proposed plan must include: 442 a. The name of each component independent special district 443 to be merged; 444 b. The name of the proposed merged independent district; 445 c. The rights, duties, and obligations of the merged 446 independent district; 447 d. The territorial boundaries of the proposed merged 448 independent district; 449 e. The governmental organization of the proposed merged 450 independent district insofar as it concerns elected and 451 appointed officials and public employees, along with a 452 transitional plan and schedule for elections and appointments of 453 officials; 454 f. A fiscal estimate of the potential cost or savings as a 455 result of the merger; 456 g. Each component independent special district's assets, 457 including, but not limited to, real and personal property, and 458 the current value thereof; 459 h. Each component independent special district's 460 liabilities and indebtedness, bonded and otherwise, and the 461 current value thereof; 462 i. Terms for the assumption and disposition of existing 463 assets, liabilities, and indebtedness of each component 464 independent special district, jointly, separately, or in defined Page 16 of 30 CODING: Words are deletions; words underlined are additions. Packet Page -558- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21-00285-12 2012192_ 465 proportions; 466 j. Terms for the common administration and uniform 467 enforcement of existing laws within the proposed merged 468 independent district; 469 k. The times and places for public hearings on the proposed 470 joint merger plan; and 471 1. The effective date of the proposed merger. 472 4. The resolution endorsing the proposed elector-initiated 473 merger plan must be approved by a majority vote of the governing 474 bodies of each component independent special district and must 475 be adopted at least 60 business days before any general or 476 special election on the proposed elector-initiated plan. 77 5. Within 5 business days after the governing bodies of 478 each component independent special district approve the proposed 479 elector-initiated merger plan, the governing bodies shall: 480 a. Cause a copy of the proposed elector-initiated merger 481 plan, along with a descriptive summary of the plan, to be 482 displayed and be readily accessible to the public for inspection 483 in at least three public places within the territorial limits of 484 each component independent special district, unless a component 485 independent special district has fewer than three public places, 486 in which case the plan must be accessible for inspection in all 487 public places within the component independent special district; 488 b. If applicable, cause the proposed elector-initiated 469 merger plan, along with a descriptive summary of the plan and a 490 reference to the public places within each component independent 491 special district where a copy of the merger plan maybe 492 examined, to be displayed on a website maintained by each 493 district or otherwise on a website maintained by the county or Page 17 of 30 CODING: Words strrieken are deletions; words underlined are additions. Packet Page -559- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21- 00285 -12 2012192 494 municipality in which the districts are located; and 495 c. Arrange for a descriptive summary of the proposed 496 elector- initiated merger plan, and a reference to the public 497 places within the district where a copy may be examined, to be 498 published in a newspaper of general circulation within the 499 component independent special districts at least once each week 500 for 4 successive weeks. ^� 501 6. The governing body of each component independent special 502 district shall set a time and place for one or more public 503 hearings on the proposed elector- initiated merger plan. Each 504 public hearing shall be held on a weekday at least 7 business 505 days after the day the first advertisement is published on the 506 proposed elector- initiated merger plan. The hearing or hearings 507 may be held jointly or separately by the governing bodies of the 508 component independent special districts Any interested person 509 residing in the respective district shall be given a reasonable 510 opportunity to be heard on any aspect of the proposed merger at 511 the public hearing. 512 a. Notice of the public hearing on the proposed elector - 513 initiated merger plan must be published pursuant to the notice 514 requirements in s. 189.417 and must provide a descriptive 515 summary of the elector- initiated merger plan and a reference to 516 the public places within the component independent special 517 districts where a copy of the plan may be examined. 518 b. After the final public hearing, the governing bodies of 519 each component independent special district may amend the 520 proposed elector- initiated merger plan if the amended version 521 complies with the notice and public hearin requirements 522 provided in this subsection. The governing bodies must approve a Page 18 of 30 CODING: Words -5�� are deletions; words underlined are additions. Packet Page -560- Florida Senate - 2012 1/10/2012 Item 9. D SB 192 21-00285-12 2012192_ 523 final version of the merger plan within 60 business days after 524 the final hearing. 525 7. After the final public hearing, the governing bodies 526 shall notify the supervisors of elections of the applicable 527 counties in which district lands a ' re located of the adoption of 528 the resolution by each governing body. The supervisors of 529 elections shall schedule a date for the separate referenda for 530 each district. The referenda may be held in each district on the 531 same day, or an differentdays, but no more than 20 days apart. 532 a. Notice of a referendum on the merger of the component 533 independent special districts must be provided pursuant to the 534 notice requirements in s. 100.342. At a minimum, the notice must 35 include: 536 (1) A brief summary of the resolution and elector-initiated 537 merger plan; 538 (11) A statement as to where a copy of the resolution and 539 petition for merger may be examined; 540 (111) The names of the component independent special 541 districts to be merged and a description of their territory; 542 (IV) The times and places at which the referendum will be 543 held; and 544 (V) Such other matters as may be necessary to call, provide 545 for, and give notice of the referendum and to provide for the 546 conduct thereof and the canvass of the returns. 547 b. The referenda must be held in accordance with the 548 Florida Election Code and may be held pursuant to ss. 101.6101- 549 101.6107. All costs associated with the referenda shall be borne 550 by the respective component independent special district. 551 c. The ballot question in such referendum placed before the Page 19 of 30 CODING: Words are deletions; words underlined are additions. Packet Page -561- Florida Senate - 2012 1/10/2012 Item 9.D. SS 192 21- 00285 -12 2012192 552 qualified electors of each component independent special 55.3 district to be merged must be in substantially the following 554 form: 555 556 "Shall (...name of component independent special 557 district...) and (...name of component independent special 558 district or districts...) be merged into (...name of newt 559 merged independent district...)? 560 YES 561 NO" 562 563 d. If the component independent special districts proposing 564 to merge have disparate millage rates, the ballot question in 565 the referendum placed before the qualified electors of each 566 component independent special district must be in substantially 567 the following form: 568 569 "Shall (...name of component independent special 570 district...) and (...name of component independent special 571 district or districts...) be merged into (...name of newly 572 merged independent district...) if the voter - approved maximum 573 millage rate within each independent special district will not 574 increase absent a subsequent referendum? 575 YES 576 NO" 577 578 e. In any referendum held pursuant to this paragraph, the 579 ballots shall be counted, returns made and canvassed, and 580 results certified in the same manner as other elections or Page 20 of 30 CODING: Words eel= en are deletions; words underlined are additions. Packet Page -562- Florida Senate - 2012 1/10/2012 Item 9. D. SE 192 21-00285-12 2012192_ 581 referenda for the component independent special districts. 582 f. The merger may not take effect unless a majority of the 583 votes cast in each component independent special district are in 584 favor of the merger. If one of the component independent special 585 districts does not obtain a majority vote, the referendum fails, 586 and merger does not take effect. 587 g. If the merger is approved by a majority of the votes 588 cast in each component independent special district, the merged 589 district shall notify the Special District Information Program 590 pursuant to s. 189.418(2) and the local general-purpose 591 governments in which any part of the component independent 592 special districts is.situated pursuant to s. 189.418(7). 93 h. If the referendum fails, the merger process under this 594 paragraph may not be initiated for the same purpose within 2 595 years after the date of the referendum. 596 8. Component independent special districts merged pursuant 597 to an elector-initiated merger plan shall continue to be 598 governed as before the merger until the effective date specified 599 in the adopted elector-initiated merger plan. 600 (d) Effective date.—The effective date of the merger shall 601 be as provided in the joint merger plan or elector-initiated 602 merger plan, as appropriate, and is not contingent upon the 603 future act of the Legislature. 604 1. However, as soon as practicable, the merged independent 605 district shall, at its own expense, submit a unified charter for 606 the merged district to the Legislature for pproval. The unified 607 charter must make the powers of the district consistent within 608 the merged independent district and repeal the special acts of 609 the districts which existed before the merger. Page 21 of 30 CODING: Words stn are deletions; words underlined are additions. Packet Page -563- 1/10/2012 Item 9.D. Florida Senate - 2012 SB 192 21- 00285 -12 2012192_ 610 2. Within 30 business days after the effective date of the 611 merger, the merged independent district's governing body, as 612 indicated in this subsection, shall hold an organizational 613 meeting to implement the provisions of the joint merger plan or 614 elector- initiated merger plan, as appropriate. 615 (e) Restrictions during transition period. —Until the 616 Legislature formally approves the unified charter pursuant to a 617 special act, each component independent special district is 618 considered a subunit of the merged independent district subject 619 to the following restrictions: 620 1. During the transition period, the merged independent 621 district is limited in its powers and financing capabilities 622 within each subunit to those powers which existed within the 623 boundaries of each subunit and which were previously granted to 624 the component independent special district in its existing 625 charter before the merger. The merged independent district may 626 not, solely by reason of the merger, increase its powers or 627 financing capability. 628 2. During the transition period, the merged independent 629 district shall exercise only the legislative authority to levy 630 and collect revenues within the boundaries of each subunit which 631 was previously granted to the component inde endent s ecial 632 district by its existing charter before the mer er, including 633 the authority to levy ad valorem taxes, non -ad valorem 634 assessments, impact fees, and charges. 635 a. The merged independent district may not, solely by 636 reason of the merger, increase ad valorem taxes on property 637 within the original limits of a subunit beyond the maximum ad 638 valorem rate approved by the electors of the component Page 22 of 30 CODING: Words st-a5ieken are deletions; words underlined are additions. Packet Page -564- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192 639 independent special district. For purposes of s. 2, Art. VII of 640 the State Constitution, each subunit may be considered a 641 separate taxing unit. The merged independent district may levy 642 an ad valorem millage rate within a subunit, if applicable, only 643 u2 to the millage rate that was previously approved by the 644 electors of the component independent special district unless an 645 increase in the millage rate is approved pursuant to general 646 law. 647 b. The merged independent district may not, solely by 648 reason of the merger, charge non-ad valorem assessments, impact 649 fees, or other new fees within a subunit which were not 650 otherwise previously authorized to be charged. 51 3. During the transition period, e I ach component independent 652 special district of the merged independent district must 653 continue to file all information and reports required under this 654 chapter as subunits until the Legislature formally approves the 655 unified charter pursuant to a special act. 656 4. The intent of this section is to preserve and transfer 657 to the merged independent district all authority that exists 658 within each subunit and Was previously granted by the 659 Legislature and, if applicable, by referendum. 660 (f) Effect of generally . merger, —On and after the effective . 661 date of the merger, the merged independent district shall be 662 treated and considered for all purposes as one entity_under the 663 name and on the terms and conditions set forth in the joint 664 merger plan or elector-initiated merger plan, as appropriate. 665 1. All rights, privileges, and franchises of each component 666 independent special district and all assets, real and personal 667 property, books, records, papers, seals, and equipment, as well Page 23 of 30 CODING: Words atr4eken are deletions; words underlined are additions. Packet Page -565- 1/10/2012 Item 9.D. Florida Senate - 2012 SB 192 21-00285-12 2012192_ 668 as other things in action, belonging to each component 669 independent special district before the merger shall be deemed 670 as transferred to and vested in the merged independent district 671 without further act or deed. 672 2. All property, rights-of-way, and other interests are as 673 effectually the property of the merged independent district as 674 they were of the component independent special district before 675 the merger. The title to real estate, by deed or otherwise, 676 under the laws of this state vested in any component independent 677 special district before the merger may not be deemed to revert 678 or be in any way impaired by reason of the merger. 679 3. The merged independent district is in all respects 680 subject to all obligations and liabilities imposed and possesses 681 all the rights, powers, and privileges vested by law in other 682 similar entities. 683 4. Upon the effective date of the merger, the joint merger 684 plan or elector-initiated merger plan, as appropriate, is 685 subordinate in all respects to the contract rights of all 686 holders of any securities or obligations of the component 687 independent special districts outstanding at the effective date 688 of the merger. 689 5. The new registration of electors is not necessary as a 690 result of the merger, but all elector registrations of the 691 component independent special districts shall be transferred to 692 the proper registration books of the merged independent 693 district, and new registrations shall be made as provided by law 694 as if no merger had taken place. 695 (g) Governing body of merged independent district. - 696 1. From the effective date of the merger until the next Page 24 of 30 CODING: Words eti4eleen are deletions; words underlined are additions. Packet Page -566- Florida Senate - 2012 1/10/2012 Item 9. D. SB 192 21-00285-12 2012192_ 697 general election, the governing body of the merged independent 698 district shall be comprised of the governing body members of 699 each component independent special district, with such members 700 serving until the governing body members elected at the next 701 general election take office. 702 2. Beginning with the next general election following the 703 effective date of merger, the governing body of the merged 704 independent district shall be comprised of five members. The 705 office of each governing body member shall be designated by 706 seat, which shall be distinguished from other body member seats 707 by an assigned numeral: 1, 2, 3, 4, or 5. The governing body 708 members that are elected in this initial election following the 39 merger shall serve unequal terms of 2 and 4 years in order to 710 create staggered membership of the governing body, with: 711 a. Member seats 1, 3, and 5 being designated for 4-year 712 terms; and 713 b. Member seats 2 and 4 being designated for 2-year terms. 714 3. In general elections thereafter, all governing body 715 members shall serve 4-year terms. 716 (h) Effect on employees.—Except as otherwise provided by 717 law and except for those officials and employees protected by 718 tenure of office, civil service provisions, or a collective 719 bargaining agreement, upon the effective date of merger, all 720 appointive offices and positions existing in all component 721 independent special districts involved in the merger are subject 722 to the terms of the joint merger plan or elector-initiated 723 merger plan, as appropriate. Such plan may provide for instances 724 in which there are duplications of positions and for other 725 matters such as varying lengths of employee contracts, varying Page 25 of 30 CODING: Words st�eken are deletions; words underlined are additions. Packet Page -567- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21- 00285 -12 2012192_ 726 pay levels or benefits, different civil service regulations in 727 the constituent entities, and differing ranks and position 728 classifications for similar positions. For those employees who 729 are members of a bargaining unit certified by the Public 730 Employees Relations Commission, the requirements of chapter 447 731 apply. 732 (i) Effect on debts, liabilities, and obligations.— 733 1. All valid and lawful debts and liabilities existing 734 against a merged independent district, or which may arise or 735 accrue against the merged independent district, which but for 736 merger would be valid and lawful debts or liabilities against 737 one or more of the component independent special districts, are 738 debts against or liabilities of the merged independent district 739 and accordingly shall be defrayed and answered to by the merged 740 independent district to the same extent, and no further than, 741 the component independent special districts would have been 742 bound if a merger had not taken place. 743 2. The rights of creditors and all liens upon the property 744 of any of the component independent special districts shall be 745 preserved unimpaired. The respective component districts shall 746 be deemed to continue in existence to preserve such rights and 747 liens, and all debts, liabilities, and duties of any of the 748 component districts attach to the merged independent district 749 3. All bonds, contracts, and obligations of the component 750 independent special districts which exist as legal obligations 751 are obligations of the merged independent district, and all such 752 obligations shall be issued or entered into by and in the name 753 of the merged independent district. 754 (j) Effect on actions and proceedings. —In any action or Page 26 of 30 CODING: Words 5ti=4:eken are deletions; words underlined are additions. Packet Page -568- Florida Senate - 2012 1/10/2012 Item 9.D. SB 192 21-00285-12 2012192_ 755 proceeding pending on the effective date of merger to which a 756 component independent special district is a party, the merged 757 independent district may be substituted in its place, and the 758 action or ' proceeding may be prosecuted to judgment as if merger 759 had not taken place. Suits may be brought and maintained against 760 a merged _independent district in any state court in the same 761 manner as against any other independent special district. 762 (k) Effect on annexation.-Chapter 171 continues to apply to 763 all annexations by a city within the component independent 764 special districts' boundaries after merger occurs. Any moneys 765 owed to a component independent special district pursuant to s. 766 171.093, or any interlocal service boundary agreement as a. 767 result of annexation predating the merger, shall be paid to the 768 merged independent district after merger. 769 (1) Determination of rights.-If any right, title, interest, 770 or claim arises out of a_merger or by reason thereof which is 771 not determinable by reference to this subsection, the joint 772 merger plan or elector-initiated merger plan, as appropriate, or 773 otherwise under the laws of this state, the governing body of 774 the merged independent district may provide therefor in a manner 775 conforming to law. 776 (m) Exemption.-This subsection does not apply to 777 independent special districts whose governing bodies are elected 778 by district landowners voting the acreage owned within the 779 district. 780 (n) Preemption.-This subsection preempts any special act to 781 the contrary. 782 (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.-If 763 a local general-purpose government seeks to merge an active Page 27 of 30 CODING: Words e-t-�� are deletions; words underlined are additions. Packet Page -569- 1/10/2012 Item 9.D. Florida Senate - 2012 SS 192 21-00285-12 2012192_ 784 independent special district or districts created and operating 785 pursuant to a special act whose governing body or governing 786 bodies object by resolution to the merger, the merger of the 787 active independent special district or districts is not 788 effective until the special act of the Legislature is approved 789 at separate referenda of the impacted local governments by a 790 majority of the resident electors or landowners voting in the 791 same manner by which each independent special district's 792 governing body is elected. The special act shall include a plan 793 of merger that addresses transition issues such as the effective 794 date of the merger, governance, administration, powers, 795 pensions, and assumption of all assets and liabilities. 796 -(a) The political subdivisions proposing the involuntary 797 merger of an active independent special district shall be 798 responsible for payment of any expenses associated with the 799 referendum required under this subsection. 800 (b) An independent special district that meets any criteria 801 for being declared inactive, or that has already been declared 802 inactive, pursuant to s. 189.4044 may by merged by special act 803 without a referendum. 804 (7)+3+ EXEMPTIONS..------ of This section does 805 91tall not apply to community development districts implemented 806 pursuant to chapter 190 or to water management districts created 807 and operated pursuant to chapter 373. 808 Section 2. Section 191.014, Florida Statutes, is amended to 809 read: 810 191.014 District creation and,- expansion, and ffieizger-.- 811 (1) New districts may be created only by the Legislature 812 under s. 189.404. Page 28 of 30 CODING: Words a are deletions; words underlined are additions. Packet Page -570- Florida Senate —2012 1/10/2012 Item 9. D. SE 192 21- 00285 -12 2012192_ 813 (2) The boundaries of a district may be modified, extended, 814 or enlarged upon approval or ratification by the Legislature. 815 - (-3-) —The E e Lc l e r- ef --3 EJl Ski- �j,ec jg, z : t 'i a]:4: a ei`�t i ens ef e h e= 816 ineiependent peeia -e5t eze --ems elependent �-e - Bent =e= 817 .a etr ets 11 e = ifet -Jive enly areii --r 3:fieatien by the 818 819 820 4:n ' f 1 821 t,3 14- shed --b -fie- dish -°t' s enabl:ing -leg�:eja 822 823 Section 3. Paragraph (a) of subsection (1) and subsection 824 (4) of section 189.4044, Florida Statutes, are amended to read: 125 189.4044 Special procedures for inactive districts. - 826 (1) The department shall declare inactive any special 827 district in this state by documenting that: 828 (a) The special district meets one of the following 829 criteria: 830 1. The registered agent of the district, the chair of the 831 governing body of the district, or the governing body of the 832 appropriate local general - purpose government notifies the 833 department in writing that the district has taken no action for 834 2 or more years; 835 2. Following an inquiry from the department, the registered 836 agent of the district, the chair of the governing body of the 837 district, or the governing body of the appropriate local 838 general- purpose government notifies the department in writing 839 that the district has not had a governing board or a sufficient 840 number of governing board members to constitute a quorum for 2 841 or more years or the registered agent of the district, the chair Page 29 of 30 CODING: Words etri_'_- == are deletions; words underlined are additions. Packet Page -571- 842 ON] 844 845 846 847 848 849 850 851 852 853 854 855 856 857 - Me 1/10/2012 Item 9. D. Florida Senate - 2012 SB 192 21- 00285 -12 2012192 of the governing body of the district, or the governing body of the appropriate local general - purpose government fails to respond to the department's inquiry within 21 days; 3. The department determines, pursuant to s. 189.421, that the district has failed to file any of the reports listed in s. 189.419; e,-r- 4. The district has not had a registered office and agent on file with the department for 1 or more years; or 5. The governing body of a special district provides documentation to the department that it has unanimously adopted a resolution declaring the special district inactive. The special district shall be responsible for payment of any expenses associated with its dissolution. (4) The entity that created a special district declared inactive under this section must dissolve the special district by repealing its enabling laws or by other appropriate means. Any special district declared inactive pursuant to subparagraph (1)(a)5. may be dissolved without a referendum. Section 4. This act shall take effect July 1, 2012. Page 30 of 30 CODING: Words 5zzio -gin are deletions; words underlined are additions. Packet Page -572-