Special Districts, HR Flashcards
Define special district.
SPEC DIST
- Unit of LG.
- For specific purp.
- In a specific area.
- Created by gen law, spec. act, local ord, or gov.
Name 4 common purposes of special districts?
Hospital (is on) Fire (get) Water (go to) Airport.
What are 4 organizations that are excluded from being special districts?
SPEC DIST ----------- Special improvement dist. School dist. MSTU. Elec serv board.
What implied powers do Spec Dist have?
None.
Express powers only found in Charter.
NO IMPLIED PWRS. Stuck as if pre-1968.
If want to take action first, go to its charter to see if it is authorized.
SPEC DIST ----------- DEP ----------- What makes a special district 'Dependent'?
SPEC DIST ----------- • Governing body Or • Budget is controlled by a single county or city.
SPEC DIST ----------- DEP ----------- What are 3 methods to create a Dependent special district?
SPEC DIST
- County or Muni Ord in unincorp.
* Note. If crosses into muni, need muni consent. - Interlocal Ordinance. [HR 125.01]
- Special Act. 189.02(5)
SPEC DIST ----------- DEP ----------- How does a single county or city keep a Dependent Special District tidy?
SPEC DIST ----------- With a Single RAG. ----------- Single County/Muni: - Remove + appts mbrs - Approves budget - Governing board.
SPEC DIST ----------- DEP ----------- What must be included in Dependent formation?
SPEC DIST ----------- to keep Formation, PD Depends on BAM BAM ----------- 1. Purpose 2. Dec. that creation is consistent w/ CP
- Borders
- Authority
- Money
- Best Alternative
- Mbrship
SPEC DIST ----------- DEP ----------- What is the Money requirement on Dependent formation?
Compensation, financial disclosure, methods of funding.
SPEC DIST ----------- INDEP ----------- How define an Indep Spec Dist?
SPEC DIST ----------- 1. Not dependent, under §189.012(2) OR 2. 2 counties = indep UNLESS 1 city.
*HINT - 2 counties blows it, 1 city saves it. Ex. Longboat Key.
If a spec dist reaches across 2 COUNTIES, how does that change its character?
Automatically an independent UNLESS stays within 1 city.
Why? b/c dfn of “dependent” is governing body is identical to that of a single county OR single muni.
*HINT - 2 counties blows it, 1 city saves it.
State 2 practical impacts of classification.
Formation +
Treatment of special millage. (Dep spec dist is not distinct so its millage is aggregated as part of 10 mill cap on AV.)
SPEC DIST ----------- DEP ----------- Aggregating Dependent's millage to make it part of the County's 10 mills, results in what?
County has to reduce its millage or that of the Dep district to meet the 10 mill cap.
SPEC DIST ----------- INDEP ----------- Why so much cross-govt unit oversight of indep districts?
Accountability to prevent “sham” indeps forming to avoid 10 mill cap.
Name the 3 ways special districts are created?
SPEC DIST
1) Dep - by ordinance.
2) Dep - Special Act at request/consent of LG
3) Dep + Indep - by Gen Law
What is the major disadvantage of a spec dist created by Special Act (Dep)
Charter change requires supplemental Special Act.
What is the major advantage of a spec dist created by Gen Law (Dep + Indep)
Could get extra taxing power.
Constitution provides all taxation is preempted to State EXCEPT AS PROVIDE BY GEN LAW.
SPEC DIST ----------- DEP ----------- What exactly is created by the Dep formation Ordinance?
SPEC DIST ----------- A separate unit of local government. ----------- can tax & bond if in charter. --- dep s.d. mills incorp'd into County mills.
If a spec dist reaches across 2 CITIES, how does that change its character?
SPEC DIST ----------- Dep if in a single county. indep if in 2 counties. ----------- Why? b/c dfn of "dependent" is governing body is identical to that of a single county or muni. ----------- *HINT - 2 counties blows it, 1 city saves it.
Can a spec dist created by Special Act have taxing power?
SPEC DIST ----------- Yes, limited to: 1) AV tax only. 2) Within a stated millage cap 3) Subject to elector approval --- *note, even though created by spec legis, still reqs Voter approval!
Might citiz who does not benefit from the spec dist pay for it?
SPEC DIST ----------- No. XXXX BUT CHECK THIS XXXX Appears so. Until spec dist generates enough of its own revenue from those who benefit.
How much in advance must special district agenda be published?
7 days.
What must be maintained on special district website?
Website is mandatory & must include:
1. Full legal name.
2. Purpose.
3. Name, contact, term + appointing authority of each mbr.
4. Fiscal year.
5. Full text of charter & statutes it operates under.
6. Contact info.
7. Its boundaries.
8. All taxes, fees, assessments charged + collectedw/ authority.
9. Primary contact for communication from DEO.
10. Code of ethics w/ hyperlink.
11. Budget
12. Audit report.
13. Listing of its regularly scheduled public meetings
14. Link to the Department of Financial Services’ website.
15. Agenda 7 days in advance
How long must info be on its website?
1 year after the event..
Bonds issued by special district must meet 1 of what 4 statements?
- Bonds rated in 1 of the highest 4 ratings by a nationally recognized rating service;
- Privately placed or otherwise sold to accredited
investors; - Backed by a letter of credit; or
- Independent financial advisory opinion that debt service coverage & probability of debt repayment are
reasonable.
What type of bonds issued by special district do not have to meet 1 of the 4 requirements?
Approved by referendum.
Is the newly formed Interlocal (FS 163) entity the same thing as a Special District?
No.
Special Districts may be a co-creator of the 163 entity.
What creates an INDEP spec district?
Name types for each creator?
HINT - 1 & 5
Per 189, only legislature can form. ----------- Muni - Comm dev [190.005] ----------- County - 1) Comm dev [190.005] 2) Children's [125.901] 3) Indig. health [154.331] 4) Hosp. [Ch 155] OR 5) As otherwise authorized by general law. ----------- Believe muni works [125.01] speaks only of MSTUs (i.e., not indep) & spec assmts (not to be confused w/ dist).
How do you get booted off a Special District board?
The Bd that appointed you determines you committed:
“Misfeasance, malfeasance, or nonfeasance in office,
OR
Upon conviction of any crime.”
What in the world is nonfeasance in office & what happens to you if you nonfeas?
SPEC DIST ----------- Nonfeasance includes failure to attend 3 consecutive regular meetings. Applies to: Spec Distr bd mbr
What independent district can be formed by counties
What procedural steps are needed?
CHALLENGE: Include the numbers.
5 NUts BET 2.5k & won $15k
—
Petition to BCC w/ $15k (if over 2.5k ac) to Name My BUTt.
—
Petition, Boundaries, Consent of Os, Costs
—
$15k price for 2,500 ac
Name, Map, 5 mbr Bd, Use, Time of construction.
