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New - HR > Special Districts, HR > Flashcards

Special Districts, HR Flashcards

1
Q

Define special district.

A

  1. Unit of LG.
  2. For specific purp.
  3. In a specific area.
  4. Created by gen law, spec. act, local ord, or gov.
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2
Q

Name 4 common purposes of special districts?

A

Hospital (is on) Fire (get) Water (go to) Airport.

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3
Q

What are 4 organizations that are excluded from being special districts?

A

Special improvement dist.
School dist.
MSTU.
Elec serv board.

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4
Q

What implied powers do Spec Dist have?

A

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.

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5
Q

DEP
———–
What makes a special district ‘Dependent’?

A

• Governing body
Or
• Budget
is controlled by a single county or city.

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6
Q

DEP
———–
What are 3 methods to create a Dependent special district?

A

  1. County or Muni create w/ Ord
    *Note. If crosses into muni, need muni consent.
  2. Interlocal Ordinance. [HR 125.01]
  3. Special Act @ request of LG. 189.02(5)
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7
Q

DEP
———–
How does a single county or city keep a Dependent Special District tidy?

A

With a Single RAG.
———–
Single County/Muni:
- Remove + appts mbrs
- Approves budget
- Governing board.

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8
Q

DEP
———–
What must be included in Dependent formation?

A

to keep Formation, PD Depends on BAM BAM
———–
1. Purpose
2. Dec. that creation is consistent w/ CP

  1. Borders
  2. Authority
  3. Money
  4. Best Alternative
  5. Mbrship
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9
Q

DEP
———–
What is the Money requirement on Dependent formation?

A

Compensation, financial disclosure, methods of funding.

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10
Q

INDEP
———–
How define an Indep Spec Dist?

A

  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.

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11
Q

If a spec dist reaches across 2 COUNTIES, how does that change its character?

A

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.

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12
Q

State 2 practical impacts of classification.

A

Formation +
Treatment of special millage. (Dep spec dist is not distinct so its millage is aggregated as part of 10 mill cap on AV.)

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13
Q

DEP
———–
Aggregating Dependent’s millage to make it part of the County’s 10 mills, results in what?

A

County has to reduce its millage or that of the Dep district to meet the 10 mill cap.

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14
Q

INDEP
———–
Why so much cross-govt unit oversight of indep districts?

A

Accountability to prevent “sham” indeps forming to avoid 10 mill cap.

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15
Q

Name the 3 ways special districts are created?

A

1) Dep - by ordinance.
2) Dep - Special Act at request/consent of LG
3) Dep + Indep - by Gen Law

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16
Q

What is the major disadvantage of a spec dist created by Special Act (Dep)

A

Charter change requires supplemental Special Act.

17
Q

What is the major advantage of a spec dist created by Gen Law (Dep + Indep)

A

Could get extra taxing power.
Constitution provides all taxation is preempted to State EXCEPT AS PROVIDE BY GEN LAW.

18
Q

DEP
———–
What exactly is created by the Dep formation Ordinance?

A

A separate unit of local government.
———–
can tax & bond if in charter.
—
dep s.d. mills incorp’d into County mills.

19
Q

If a spec dist reaches across 2 CITIES, how does that change its character?

A

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.

20
Q

Can a spec dist created by Special Act have taxing power?

A

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!

21
Q

Might citiz who does not benefit from the spec dist pay for it?

A

No.
XXXX BUT CHECK THIS XXXX
Appears so. Until spec dist generates enough of its own revenue from those who benefit.

22
Q

How much in advance must special district agenda be published?

A

7 days.

23
Q

What must be maintained on special district website?

A

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

24
Q

How long must info be on its website?

A

1 year after the event..

25
Q

Bonds issued by special district must meet 1 of what 4 statements?

A

  1. Bonds rated in 1 of the highest 4 ratings by a nationally recognized rating service;
  2. Privately placed or otherwise sold to accredited
    investors;
  3. Backed by a letter of credit; or
  4. Independent financial advisory opinion that debt service coverage & probability of debt repayment are
    reasonable.
26
Q

What type of bonds issued by special district do not have to meet 1 of the 4 requirements?

A

Approved by referendum.

27
Q

Is the newly formed Interlocal (FS 163) entity the same thing as a Special District?

A

No.
Special Districts may be a co-creator of the 163 entity.

28
Q

What creates an INDEP spec district?

Name types for each creator?
HINT - 1 & 5

A

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).

29
Q

How do you get booted off a Special District board?

A

The Bd that appointed you determines you committed:
“Misfeasance, malfeasance, or nonfeasance in office,
OR
Upon conviction of any crime.”

30
Q

What in the world is nonfeasance in office & what happens to you if you nonfeas?

A

Nonfeasance includes failure to attend
3 consecutive regular meetings.
Applies to: Spec Distr bd mbr

31
Q

What independent district can be formed by counties

What procedural steps are needed?

CHALLENGE: Include the numbers.

A

in a Community of 190 it Developed 5 NUts to 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.

New - HR (15 decks)

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