189.4035 Preparation of
official list of special districts. ---
(1) The Department of Community Affairs shall compile
the official list of special districts. The official list of
special districts shall include all special districts in this state
and shall indicate the independent or dependent status of each
district. All special districts in the list shall be sorted by
county. The definitions in s. 189.403 shall be the criteria for
determination of the independent or dependent status of each
special district on the official list. The status of community
development districts shall be independent on the official list of
special districts.
(2) The official list shall be produced by the
department after the department has notified each special district
that is currently reporting to the department, the Department of
Banking and Finance pursuant to s. 218.32, or the Auditor General
pursuant to s. 11.45. Upon notification, each special district
shall submit, within 60 days, its determination of its status. The
determination submitted by a special district shall be consistent
with the status reported in the most recent local government audit
of district activities submitted to the Auditor General pursuant to
s. 11.45.
(3) The Department of Banking and Finance shall
provide the department with a list of dependent special districts
reporting pursuant to s. 218.32 for inclusion on the official list
of special districts.
(4) If a special district does not submit its status
to the department within the required time period, then the
department shall have the authority to determine the status of said
district. After such determination of status is completed, the
department shall render the determination to an agent of the
special district.
(5) The first official list of special districts shall
be completed by October 1, 1990. Thereafter, the official list of
special districts shall be updated by the department annually. The
official list of special districts shall be distributed to
independent special districts, the Auditor General, the Department
of Revenue, the Department of Banking and Finance, the Department
of Management Services, counties, municipalities, county property
appraisers, tax collectors, and supervisors of elections.
(6) Preparation of the official list of special
districts or the determination of status does not constitute final
agency action pursuant to chapter 120. If the status of a special
district on the official list is inconsistent with the status
submitted by the district, the district may request the department
to issue a declaratory statement setting forth the requirements
necessary to resolve the inconsistency. If necessary, upon
issuance of a declaratory statement by the department which is not
appealed pursuant to chapter 120, the governing board of any
special district receiving such a declaratory statement shall apply
to the entity which originally established the district for an
amendment to its charter correcting the specified defects in its
original charter. This amendment shall be for the sole purpose of
resolving inconsistencies between a district charter and the status
of a district as it appears on the official list. Such application
shall occur as follows:
(a) In the event a special district was created by a local
general-purpose government or state agency and applies for an
amendment to its charter to confirm its independence, said
application shall be granted as a matter of right. If application
by an independent district is not made within 6 months of rendition
of a declaratory statement, the district shall be deemed dependent
and become a political subdivision of the governing body which
originally established it by operation of law.
(b) If the Legislature created a special district, the
district shall request, by resolution, an amendment to its charter
by the Legislature. Failure to apply to the Legislature for an
amendment to its charter during the next regular legislative
session following rendition of a declaratory statement or failure
of the Legislature to pass a special act shall render the district
dependent.
(7) The department shall furnish a copy of the first
official list of special districts to the President of the Senate
and the Speaker of the House of Representatives by October 1, 1990,
and annually thereafter on October 1.
History: s. 5, ch. 89-169; s. 78, ch. 92-279; s. 55, ch.
92-326.