Florida Statutes 189.075 – Involuntary merger of independent special districts
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Terms Used In Florida Statutes 189.075
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Governing body: means the governing body of the independent special district in which the general legislative, governmental, or public powers of the district are vested and by authority of which the official business of the district is conducted. See Florida Statutes 189.07
- Independent special district: means a special district that is not a dependent special district as defined in subsection (2). See Florida Statutes 189.012
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Merger: means the combination of two or more contiguous independent special districts resulting in a newly created merged independent district that assumes jurisdiction over all of the component independent special districts. See Florida Statutes 189.07
- Special district: means a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. See Florida Statutes 189.012
(1) INDEPENDENT SPECIAL DISTRICTS CREATED BY SPECIAL ACT.–In order for the Legislature to merge an active independent special district or districts created and operating pursuant to a special act, the special act merging the active independent special district or districts must be approved at separate referenda of the impacted local governments by a majority of the resident electors or, for districts in which a majority of governing body members are elected by landowners, a majority of the landowners voting in the same manner by which each independent special district’s governing body is elected. The special act merging the districts must include a plan of merger that addresses transition issues such as the effective date of the merger, governance, administration, powers, pensions, and assumption of all assets and liabilities. If a local general-purpose government passes an ordinance or resolution in support of the merger of an active independent special district, the local general-purpose government must pay any expenses associated with the referendum required under this subsection.
(2) INDEPENDENT SPECIAL DISTRICTS CREATED BY A COUNTY OR MUNICIPALITY.–A county or municipality may merge an independent special district created by the county or municipality pursuant to a referendum or any other procedure by which the independent special district was created. However, if the independent special district has ad valorem taxation powers, the same procedure required to grant the independent special district ad valorem taxation powers is required to merge the district. The political subdivisions proposing the involuntary merger of an active independent special district must pay any expenses associated with the referendum required under this subsection.
(3) INACTIVE INDEPENDENT SPECIAL DISTRICTS.–An independent special district that meets any criteria for being declared inactive, or that has already been declared inactive, pursuant to s. 189.062 may be merged by special act without a referendum.