Special Districts, Types Flashcards

1
Q

Which statutes are used to create INDEP spec districts?

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

A

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.

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2
Q

What creates a DEP spec district?

A

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

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3
Q

What INDEP special districts can Munis form?

A

Comm Dev (190.005) (as can County)

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4
Q

What are the prominent reasons for County INDEP special districts?

A

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)

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5
Q

What 6 INDEP special districts can Counties form?

HINT - 1 is a catch-all.

A

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.

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6
Q

What DEP special districts can Counties form?

A

  1. Indig healthcare (154.331).
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7
Q

What are key concepts to special districts?

A

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

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8
Q

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

A

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.

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9
Q

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

A

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.

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10
Q

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?

A

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.

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11
Q

Can LGs contract for muni services amongst them?

How pay?

A

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).

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12
Q

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

A

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.

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13
Q

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

A

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

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14
Q

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

A

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

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15
Q

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

A

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.

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16
Q

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

A

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

17
Q

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

A

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

18
Q

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

A

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

19
Q

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

A

County can form either dep or indep for indig healthcare.

20
Q

Who can create a DEP indig healthcare district? How?

A

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

21
Q

How form a public hospital?

A

  1. W/ voter approval if pd w/ A-V taxes.
  2. W/out voter approval if County has enough $.
22
Q

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

A

Yes.

1) Hold PH but no vote needed.

2) Clarify how previously tax exempt prop will impact A-V taxes.

23
Q

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

A

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

24
Q

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

A

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

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

25
Q

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

A

Comm Dev —- 190.005