eLaws of Florida

  SECTION 189.068. Special districts; authority for oversight; general oversight review process.  


Latest version.
  • 1(1) 2The Legislature finds it to be in the public interest to establish an oversight review process for special districts wherein each special district in the state may be reviewed by the appropriate oversight entity as provided in this part. The Legislature further finds and determines that such law fulfills an important state interest. It is the intent of the Legislature that the oversight review process shall contribute to informed decisionmaking. These decisions may involve the continuing existence or dissolution of a district, the appropriate future role and focus of a district, improvements in the functioning or delivery of services by a district, and the need for any transition, adjustment, or special implementation periods or provisions. Any final recommendations from the oversight review process which are adopted and implemented by the appropriate level of government may not be implemented in a manner that would impair the obligation of contracts.
    150(2) 151Special districts may be reviewed for general oversight purposes under this section as follows:
    165(a) 166Each special district created by special act may be reviewed by the Legislature using the process provided in s. 185189.0651186.
    187(b) 188Each special district created by local ordinance or resolution may be reviewed by the local general-purpose government that enacted the ordinance or resolution using the process provided in s. 217189.0652218.
    219(c) 220Each dependent special district not created by special act may be reviewed by the local general-purpose government upon which it is dependent.
    242(d) 243All special districts created or established by rule of the Governor and Cabinet may be reviewed as directed by the Governor and Cabinet.
    266(e) 267Except as provided in paragraphs (a)-(d), all other special districts may be reviewed as directed by the President of the Senate and the Speaker of the House of Representatives.
    296(3) 297All special districts, governmental entities, and state agencies shall cooperate with the Legislature and with any local general-purpose government seeking information or assistance with the oversight review process and with the preparation of an oversight review report.
    334(4) 335Those conducting the oversight review process shall, at a minimum, consider the listed criteria for evaluating the special district, but may also consider any additional factors relating to the district and its performance. If any of the listed criteria do not apply to the special district being reviewed, they need not be considered. The criteria to be considered by the reviewer include:
    397(a) 398The degree to which the service or services offered by the special district are essential or contribute to the well-being of the community.
    421(b) 422The extent of continuing need for the service or services currently provided by the special district.
    438(c) 439The extent of municipal annexation or incorporation activity occurring or likely to occur within the boundaries of the special district and its impact on the delivery of services by the special district.
    471(d) 472Whether there is a less costly alternative method of delivering the service or services that would adequately provide the district residents with the services provided by the district.
    500(e) 501Whether transfer of the responsibility for delivery of the service or services to an entity other than the special district being reviewed could be accomplished without jeopardizing the district’s existing contracts, bonds, or outstanding indebtedness.
    536(f) 537Whether the Auditor General has notified the Legislative Auditing Committee that the special district’s audit report, reviewed pursuant to s. 55711.45(7), 558indicates that the district has met any of the conditions specified in s. 571218.503(1) 572or that a deteriorating financial condition exists that may cause a condition described in s. 587218.503(1) 588to occur if actions are not taken to address such condition.
    599(g) 600Whether the district is inactive according to the official list of special districts, and whether the district is meeting and discharging its responsibilities as required by its charter, as well as projected increases or decreases in district activity.
    638(h) 639Whether the special district has failed to comply with any of the reporting requirements in this chapter, including preparation of the public facilities report.
    663(i) 664Whether the special district has designated a registered office and agent as required by s. 679189.014, 680and has complied with all open public records and meeting requirements.
    691(5) 692Any special district may at any time provide the Legislature and the local general-purpose government conducting the review or making decisions based upon the final oversight review report with written responses to any questions, concerns, preliminary reports, draft reports, or final reports relating to the district.
    738(6) 739This section does not apply to a deepwater port listed in s. 751311.09(1) 752which is in compliance with a port master plan adopted pursuant to s. 765163.3178(2)(k), 766or to an airport authority operating in compliance with an airport master plan approved by the Federal Aviation Administration, or to any special district organized to operate health systems and facilities licensed under chapter 395, chapter 400, or chapter 429.
History.-s. 23, ch. 97-255; s. 46, ch. 2001-266; s. 22, ch. 2004-305; s. 6, ch. 2006-197; s. 48, ch. 2014-22; s. 15, ch. 2016-22.

Note

Note.-Former s. 189.428.