Special Districts, Types

Question 1

Which statutes are used to create INDEP spec districts?

What statute says who can form?
Muni - x 1
County - x 6

Answer 1

Muni —- 190.005 (comm dev)
———–
County -
A) 125.01(r) (muni services + facilities)
B) 190.005 (comm dev)
C) 125.901 (children’s serv throughout County)
D) 154.331 (indig healthcare throughout)
E) Ch 155 (hospital)
F) As authorized by general law.

Question 2

What creates a DEP spec district?

Answer 2

BOTH Munis + Counties can form DEP via 189 by Ordinance.
Most common is single-purpose districts.

Question 3

What INDEP special districts can Munis form?

Answer 3

Comm Dev (190.005) (as can County)

Question 4

What are the prominent reasons for County INDEP special districts?

Answer 4

Health:
1) 125.901 (children’s serv throughout County
2) 154.331 (indig healthcare throughout)
3) Ch 155 (hospital)
or which shall be established by ordinance in accordance with s. 190.005, or as otherwise authorized by general law.
—
A) 125.01(r) (muni services + facilities)
B) 190.005 (comm dev)

Question 5

What 6 INDEP special districts can Counties form?

HINT - 1 is a catch-all.

Answer 5

A) Muni services + facilities - 125.01(5)a).
B) Comm dev - 190.005.
C) Children’s serv throughout - 125.901.
D) Indig health throughout - 154.331.
E) Hosp. - 155.
or
F) as otherwise authorized by general law.
———-
~confirmed.

Question 6

What DEP special districts can Counties form?

Answer 6

SPEC DIST

1. Indig healthcare (154.331).

Question 7

What are key concepts to special districts?

Answer 7

SPEC DIST

1) Created by legis.
2) For limited purpose w/ limited powers.

Question 8

State 5 things provided by 125.01(1)(r) - County provides countywide muni services.

Answer 8

MUNI SERVS - 125.01(1)(r)

1) Create by ordinance.
2) Include millage approved by voters.
3) Mandatory throughout (inc muni), Can’t just serve unincorp.,
4) Bd = BCC (can incl muni)
5) Pay w/ spec charges, spec assess, or taxes w/in such district only.

Question 9

Is 125.01(1)(r) County provision of muni services creating an MSTU or an MSBU?

Answer 9

Analogy =
Transportation trust fund, FS 336.022, which is used under FS 129.02(2), in the county budget to account for transportation-related revenues and expenditures.

Question 10

MSTU/MSBU

1) Is it a special district?
2) How can muni be included?
3) What types of services are permitted?
4) What types of services are NOT permitted?
5) What are SAs paid with?
6) If pd w/ AV tax, how impact millage?
7) Can munis &/or counties levy addtl taxes?

Answer 10

1) Is not a spec dist. It’s a mechanism to pay for things.
2) Incl all or part of muni by consent ordinance.
3) For Fire, Recreation, Water, Beach erosion, Streets, Sidewalks, Trash, Lighting, Sewer, Health, Transport.
4) LEO, court services, indig health
5) Serv chrgs, SAs, or taxes within such unit only.
6) If pay w/ A-V taxes, the millage on property of both Muni + MSTC cannot exceed 10 mills.
7) Counties may levy addtl taxes.

Question 11

Can LGs contract for muni services amongst them?

How pay?

Answer 11

Yes. Counties, cities & spec districts may Interlocal for muni services
———–
Can form an entity to issue bonds + impose spec assessmts.
———–
EXCEPTION - neighborhood improvement dist reqs referendum for spec assmt.
~confirmed. FS 163.514(16).

Question 12

What’s the cutoff for Counties to form Comm Dev districts?

Answer 12

2,500 acres or less, per FS 190.005,
———–
2,500 acres or more = petitioner pays $15k to county who petitions to State, PHs.
———–
Petition the BCC ($15k for 2.5 ac) to Name My BUTt.

Question 13

How does County form Comm Dev in 2,500 ac or less?

Answer 13

COMM DEV 190.005

1) Petitioner petition county.
2) Holds PH
3) Ordinance.

Question 14

Who forms a Comm Dev district if some portion of the land is in a Muni?

Answer 14

COMM DEV 190.005

1) Partially in muni - County forms w/ approval.
2) All in muni - Muni forms.
3) Spans multi county or multi muni - State forms.

Question 15

State the 9 items that must be included in petition for form Comm Dev (wh/ going before County, Muni or State).

Answer 15

To Develop the Community, Petition Consent for 5 BETs on a NUt.
———–
1. Consent of all landowners w/i.
2. Map w/ water & sewer mains.
3. 5 persons as initial board (until replaced w/ elected).
4. Name of district.
5. Uses of land w/i future land use element of CP.
6. construction Timeline.
7. prop Boundaries.
8. Estimate of regulatory costs.
9. construction Timeline.

Question 16

What are the boundaries of children’s serv dist & may it levy A-V taxes?

Answer 16

CHILDREN SERV 125.901

1) Throughout County.
2) District boundaries = County boundaries.
3) May levy A-V taxes w/ electorate approval.

Question 17

What’s unique about membership of Children’s Service District?

Answer 17

CHILDREN SERV 125.901

1) 10 or 33 mbrs.
2) Incl. School board & w/ larger incl United Way.

Question 18

For what 2 things does County need electorate approval, re: Children’s Services district?

Answer 18

CHILDREN SERV 125.901

1) Dissolve.
2) Levy A-V taxes.

Question 19

Is a spec distr formed for Indigent Healthcare dependent or independent?

Answer 19

County can form either dep or indep for indig healthcare.

Question 20

Who can create a DEP indig healthcare district? How?

Answer 20

INDIG HEALTH 154.331

154. 331
     (a) County
     (b) by Ordinance
     (c) indigent and other health and mental health care services throughout the county
     (d) Same statute allows creation of Indep for same purpose

Question 21

How form a public hospital?

Answer 21

HOSPITAL Ch. 155

1. W/ voter approval if pd w/ A-V taxes.
2. W/out voter approval if County has enough $.

Question 22

Can a public hospital be sold to a for-profit hospital?

Answer 22

HOSPITAL   Ch. 155
-----------
Yes.
---
1)   Hold PH but no vote needed.
---
2)   Clarify how previously tax exempt prop will impact A-V taxes.

Question 23

What are the only 2 constitutional references to a special district?

Answer 23

SPEC DIST

1) Potential authorization of A-V taxing pwr & millage limits
2) Scheduling provisions of prior authorized spec dist tax millage.

Question 24

What is the difference in millage b/w dependent & indep spec dists?

Answer 24

Dep:
Any millage is aggregated w/ general purpose 10 mill cap.

Indep:
Created by gen or spec law, so millage found there.

Question 25

What is the type of independent spec dist that both counties & munis may form?

Answer 25

Comm Dev —- 190.005