Florida Special District Handbook Online:
Creating Special Districts
Special districts are created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. This chapter covers how various types of special districts are created.
Creating Independent Special Districts
Generally, only the Florida Legislature may create independent special districts. However, the following exceptions apply:
Independent Special Districts that the Governor and Cabinet May Create
Independent Special Districts that a County May Create
Independent Special Districts that Two or More Counties May Create
Independent Special Districts that Any Combination of Two or More Counties or Municipalities May Create
Independent Special Districts that Any Combination of Two or More Counties, Municipalities, or other Political Subdivisions May Create:
An Independent Special District that a Municipality May Create
Charter (Creation Document) Contents for Independent Special Districts
General laws or special acts that create or authorize an independent special district must address the following:
- A status statement referencing its independent status. Recommendation: Include a brief statement explaining why the special district is independent (such as, it does not meet any criteria listed in section 189.012(2), Florida Statutes - Definitions). When necessary, this status statement must be amended to conform to the Department of Economic Opportunity's determination or declaratory statement regarding the status of the special district. When practical and feasible, the charter of an existing independent special district must be amended to contain a reference to the status of the special district as independent.
- The special district's purpose
- The powers, functions, and duties of the special district regarding the following:
- Ad Valorem Taxation
- Bond Issuance
- Other Revenue-Raising Capabilities
- Budget Preparation and Approval Processes
- Liens and Liens Foreclosure
- Use of Tax Deeds and Tax Certificates as Appropriate for Non-Ad Valorem Assessments, and Contractual Agreements
- The method for establishing the special district
- The method for amending the charter of the special district
- The membership and organization of the governing board. If the special district uses a one-acre/one-vote election principle, it must provide for a governing board consisting of five members with three members making up a quorum.
- The maximum compensation of a governing board member
- The administrative duties of the governing board
- The applicable financial disclosure, noticing, and reporting requirements
- The procedures and requirements for issuing bonds, if applicable
- Election procedures, the qualifications of an elector, and/or required referenda
- The methods for financing the special district
- The authorized millage rate (only if the special district has the authority to levy ad valorem taxes, other than taxes levied for the payment of bonds and taxes levied for periods not longer than two years when authorized by vote of the electors of the special district)
- The methods for collecting non-ad valorem assessments, fees, or service charges
- Planning requirements
- The geographic boundary limitations
Charter (Creation Document) Exemptions Not Allowed
The general law or special act that creates or authorizes an independent special district must not exempt the special district from the following requirements of Chapter 189, Florida Statutes:
- Bond Referenda
- Public Notices
- Public Meetings
Creating Dependent Special Districts
- The Legislature may create dependent special districts by special act at the request or with the consent of the county or municipality upon which the special district will be dependent.
- A county may create dependent special districts within its boundaries by ordinance, subject to the approval of the governing body of the incorporated area affected (if any).
- A municipality may create dependent special districts within its boundaries, by ordinance.
Ordinance Contents for Dependent Special Districts
The ordinance creating a dependent special district must include the following at a minimum:
- Its purpose, powers, functions, and duties
- Its geographic boundary limitations
- The statutory authority to create the special district (e.g., section, 189.02, Florida Statutes, Chapter 163, Part III, Florida Statutes, etc.)
- A statement explaining why the special district is the best alternative
- The membership, organization, compensation, and administrative duties of the governing body
- The applicable financial disclosure, noticing, and reporting requirements
- The methods for financing the special district
- A declaration that the creation of the special district is consistent with the approved local government comprehensive plans
The charter (creation document) of a newly created dependent special district must contain a reference to the status of the special district as dependent. A recommendation is to include a brief statement documenting the dependent criteria listed in section 189.012(2), Florida Statutes - Definitions, that apply to the special district. When necessary, this status statement must be amended to conform to the Department of Economic Opportunity's determination or declaratory statement regarding the status of the district. When practical and feasible, the charter of an existing dependent special district must be amended to contain a reference to the status of the special district as dependent.
Newly Created Special District Responsibilities
Notify the Legislature (independent special districts only)
When a local general-purpose government creates an independent special district, it must submit a statement to the Legislature that includes the following:
- The purpose of the proposed special district
- The authority of the proposed special district
- An explanation of why the special district is the best alternative
- A resolution or official statement from the local general-purpose government's governing body or an administrator stating the following:
- The creation of the proposed special district is consistent with approved local government comprehensive plans
- The local general-purpose government does not object to its creation
Notify the Department of Economic Opportunity, Special District Accountability Program
Within 30 days after its creation date, each dependent and independent special district must notify the Special District Accountability Program (the "program") of its existence by filing the following documents and information with the program (electronic submission via email is preferred - see Additional Information - Department of Economic Opportunity, Special District Accountability Program Contact):
- The special district's creation document.
- A written status statement that includes a reference to the status of the special district as dependent or independent and the basis for such classification. If this is not filed with the program, the department may determine the status and render its determination to an agent of the special district.
- A map of the special district clearly showing the following, if applicable:
- The special district's boundaries.
- Municipal boundaries, if any, crossing the special district's boundaries.
- County lines, if the special district is in more than one county.
- If known, the registered agent's name, address, telephone, fax, and email. If not known, file this information within 30 days after the governing body's first meeting.
Within 30 days of receiving these documents, the Program will do the following:
- Review the creation documents to verify the special district's dependent or independent status.
- Add the special district to the Official List of Special Districts Online.
- Notify the special district and the local general-purpose government of the status determination.
- Send the Annual Special District Fee Invoice and Update Form to the Special District.
Comply with the Annual Special District Fee Invoice and Update Form Requirement
When the special district registers, the Program will send the Special District Fee Invoice and Update Form to the special district for the annual special district fee. This fee may be prorated based on when the special district was created (see Annual Special District Fee).
In addition, the special district must review the special district's information on the form, make necessary changes, complete missing information, have the registered agent sign it, and return it to the Program. Making sure the information on this form is correct is very important, since the Program must make the information available through the Official List of Special Districts Online. By the due date on the form, the special district must comply with the fee requirement and return the form to the Program.
Designate a Registered Agent and Registered Office
Within 30 days after its first meeting of its governing board, each special district must designate a registered agent and a registered office, then provide that information to the following:
- The Special District Accountability Program.
- The Local Governing Authority (each local general-purpose government in which the special district is located).
Registered Agent Defined
A registered agent is an agent of the special district upon whom any process, notice, or demand required or permitted by law to be served upon the special district may be served. The registered agent must be an individual resident of Florida whose business address is the same as the special district's registered office. The registered office does not have to be the special district's place of business.
How to Change a Registered Agent and/or Registered Office
A special district may change its registered office and/or registered agent anytime by filing such changes with the county or municipality in which the special district is located and with the Department of Economic Opportunity, Special District Accountability Program (preferred method is by email - see Additional Information - Department of Economic Opportunity, Special District Accountability Program Contact). This notification must occur as soon as possible after making the change. The Program does not provide a form for registered agent/office changes other than the Annual Special District Fee Invoice and Update Form, which the program mails to all special districts each October.
Start Complying with All Applicable Reporting Requirements
Special Districts must begin complying with all applicable reporting requirements immediately. For example, each newly created special district must comply with its Annual Financial Report requirement (see The Annual Financial Report) starting with the fiscal year it was created, even if the special district has no revenues and expenditures and even if the special district was created on the last day of the fiscal year.
Develop and Maintain an Official Website
To increase special district accountability, oversight, and transparency, all special districts must maintain an official website that contains specified content. Special districts existing on September 30, 2014 were required to comply by October 1, 2015. Each newly created special district must have an official website by the end of the first full fiscal year after its creation. Special district websites must meet the following minimum requirements as applicable:
- Basic Requirements:
- Each independent special district must maintain a separate website
- Each dependent special district must be prominently displayed on the home page of the local general-purpose government upon which it is dependent and linked to the special district's website. A dependent special district's website must:
- Be maintained as a part of the local general-purpose government's website upon which it is dependent, or
- Be maintained as a separate website
- All special districts must ensure that their official website address is on file with the Special District Accountability Program so the program can link to it from its website. To verify whether a special district's website address is on file with the program, see, Alphabetical List of Websites for Active Special Districts. If the name of the special district is not linked to a website, please email the website address to Jack.Gaskins@DEO.MyFlorida.com.
- Post the Following Information at a Minimum:
- General Information:
- The special district's full legal name (as cited in creation document).
- A public purpose statement.
- The special district's boundaries / service area(s) (posting a map may be useful).
- The services provided.
- The full text of the special district's charter (creation document), as amended. Community Development Districts may reference Chapter 190, Florida Statutes - Community Development Districts, as the uniform charter, but must include information relating to any grant of special powers.
- The Regulatory Plan (annual) - applicable to certain special districts with adopted rules - see Making Changes to Special Districts - Reviewing and Revising Rules - The Regulatory Plan.
- The statute(s) under which the special district operates, if different from the statute(s) under which the special district was established. Include Chapter 189, Florida Statutes - Uniform Special District Accountability Act, since all special districts must comply with this law.
- Date established (effective date of creation document).
- Establishing entity (legislature, county(ies), municipality(ies), or Governor and Cabinet).
- General Contact Information:
- Mailing address
- E-mail address
- Telephone number
- Website address
- Registered agent / registered office (name and address of the registered agent on file with the Special District Accountability Program)
- Contact Information for Each Governing Body Member:
- Official address
- Official e-mail address
- If applicable, the appointing authority (county, municipality, Governor, etc.)
- Revenue Information:
- A listing of all taxes, fees, assessments, or charges imposed and collected
- The rates or amounts for the current fiscal year
- The statutory authority for the levy of the tax, fee, assessment, or charge
- General Financial Information:
- The fiscal year period - most special districts are required to use October 1 - September 30; some housing authorities use January 1 - December 31, April 1 - March 30, and July 1 - June 30.
- A link to the Department of Financial Services – Local Government Financial Reporting webpage so the public can view the special district's Annual Financial Report.
- The final, complete audit report for the most recent completed fiscal year, and audit reports required by law or authorized by the governing body of the special district.
- Budget Information:
- The tentative budget, if applicable - post at least two days before the budget hearing held pursuant to Section 200.065, Florida Statutes, Method of fixing millage or other law, to consider such budget; effective October 1, 2016, keep the tentative budget on the website for at least 45 days.
- Final adopted budget - post within 30 days after adoption; effective October 1, 2016, keep the final adopted budget on the website for at least two years.
- Budget amendments in which a resolution is required to adopt such an amendment (see Budget Amendment Procedures) - post within five days after adoption; effective October 1, 2016, keep budget amendments on the website for at least two years.
- Meeting Information (effective October 1, 2016):
- Regular Public Meeting Schedule (quarterly, semiannually, or annually).
- Meeting / workshop agendas - post a least seven days before the event and maintain on the website for at least one year.
- Meeting materials, when available in an electronic format, excluding confidential and exempt information - post at least seven days before the event and maintain on the website for at least one year.
- Ethics Information:
- Code of Ethics, if adopted
- A link to generally applicable ethics provisions (one option is to link to the Florida Commission on Ethics – Ethics Laws webpage)
- Retirement System Information - If applicable, Defined Benefit Retirement System or Plan Information (excluding the Florida Retirement System), as required by Section 112.664, Florida Statutes - Reporting standards for defined benefit retirement plans or systems. For more information about the following retirement related website requirements, please see Additional Information - Department of Management Services, Division of Retirement Contact (Local Retirement):
- The annual financial statements (for more information, see Additional Actuarial Disclosures) using prescribed mortality table (RP-2000 Combined Healthy Participant Mortality Tables, by gender, with generational projection by Scale AA).
- The annual financial statements similar to those required above but which use an assumed rate of return on investments and an assumed discount rate that are equal to 200 basis points less than the plan's assumed rate of return.
- Information indicating the number of months or years for which the current market value of assets are adequate to sustain the payment of expected retirement benefits as determined in the plan's latest valuation and under the financial statements prepared pursuant to (1) and (2) above.
- Information indicating the recommended contributions to the plan based on the plan's latest valuation, and the contributions necessary to fund the plan based on financial statements prepared pursuant to (1) and (2) above, stated as an annual dollar value and a percentage of valuation payroll.
- The funded ratio of the system or plan as determined in the most recent actuarial valuation as part of the disclosure.
- The plan's most recent financial statement and actuarial valuation, including a link to the Department of Management Services, Division of Retirement Actuarial Summary Fact Sheet for that plan.
- For the previous five years, beginning with 2013, a side-by-side comparison of the plan's assumed rate of return compared to the actual rate of return, as well as the percentages of cash, equity, bond, and alternative investments in the plan portfolio.
- Any charts and graphs of the data provided above presented in a standardized, user-friendly, and easily interpretable format as prescribed by the Department of Management Services.
- Public Facilities Reports, if applicable (effective October 1, 2016):
- Public Facilities Initial Report
- Public Facilities Annual Notice of Any Changes
- Public Facilities Update Report
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