HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1117 City of North Port, Sarasota County
SPONSOR(S): Buchanan
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 14 Y, 0 N Darden Darden
Districts Subcommittee
2) Ways & Means Committee 22 Y, 0 N Rexford Aldridge
3) State Affairs Committee 20 Y, 0 N Darden Williamson
SUMMARY ANALYSIS
Special districts are units of local government created for a particular purpose, with jurisdiction to operate
within a limited geographic boundary. Special districts are created by general law, special act, local ordinance,
or rule of the Governor and Cabinet. A special district has only those powers expressly provided by, or
reasonably implied from, the authority provided in the district’s charter.
The bill creates the Star Farms Village at North Port Stewardship District (District) in the City of North Port,
Sarasota County. The bill provides that the District’s purpose is to install, operate, and maintain community
infrastructure serving approximately 2,086 acres. The bill also establishes the District’s boundaries.
The bill provides for a five-member board to oversee the District and establishes qualifications for board
members.
The bill authorizes the District to levy special assessments, fees, and non-ad valorem assessments. The
District also is authorized to levy ad valorem taxes upon approval at a referendum held after the entire board is
elected by qualified electors of the District.
The Economic Impact Statement projects revenues and expenditures by the District of $150,000 and $172,500
in the first two fiscal years after creation.
Pursuant to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. The provisions of House Rule 5.5(b) appear
to apply to this bill.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.1 Special districts are created by general law, special act,
local ordinance, or rule of the Governor and Cabinet.2 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.3 Special districts are funded through the imposition of ad valorem taxes, fees, or
charges on the users of those services as authorized by law.4
Special districts may be classified as dependent or independent based on their relationship with local
general-purpose governments. A special district is classified as “dependent” if the governing body of a
single county or municipality:
Serves as governing body of the district;
Appoints the governing body of the district;
May remove members of the district’s governing body at-will during their unexpired terms; or
Approves or can veto the budget of the district.5
A district is classified as “independent” if it does not meet any of the above criteria or is located in more
than one county, unless the district lies entirely within the boundaries of a single municipality. 6
Formation and Charter of an Independent Special District
With the exception of community development districts (CDDs), 7 the charter for any new independent
special district must include the minimum elements required by ch. 189, F.S. 8 Special laws or general
laws of local application relating to any special district may not:
Create a special district with a district charter that does not conform to the minimum
requirements in s. 189.031(3), F.S.;9
Exempt district elections from the requirements of s. 189.04, F.S.; 10
Exempt a district from the requirements for bond referenda in s. 189.042, F.S.;11
Exempt a district from certain requirements relating to12 issuing bonds if no referendum is
required,13 requiring special district reports on public facilities, 14 notice and reports of special
district public meetings,15 or required reports, budgets, and audits;16 or
1 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2 See ss. 189.02(1), 189.031(3), and 190.005(1), F.S. See generally s. 189.012(6), F.S.
3 Local Administration, Federal Affairs & Special Districts Subcommittee, The Local Government Formation Manual, 62, available at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Jan. 18, 2024).
4
The method of financing a district must be stated in its charter. Ss. 189.02(4)(g) and 189.031(3), F.S. Independent special d istricts
may be authorized to impose ad valorem taxes as well as non-ad valorem special assessments in the special acts comprising their
charters. See, e.g., ch. 2023-335, s. 6 of s. 1, Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss. 190.021
(community development districts), 191.009 (independent fire control districts), 197.3631 (non-ad valorem assessments), 298.305
(water control districts), and 388.221, F.S. (mosquito control), and ch. 2004 -397, s. 27 of s. 3, Laws of Fla. (South Broward Hospital
District).
5 S. 189.012(2), F.S.
6
S. 189.012(3), F.S.
7 S. 189.0311, F.S. See s. 190.004, F.S. (providing that ch. 190, F.S., governs the functions and powers of independent CDDs).
8 S. 189.031(1) and (3), F.S.
9 S. 189.031(2)(a), F.S.
10 S. 189.031(2)(b), F.S.
11
S. 189.031(2)(c), F.S.
12 S. 189.031(2)(d), F.S.
13 S. 189.051, F.S.
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Create a district for which a statement documenting specific required matters is not submitted to
the Legislature. The statement must include:
o The purpose of the proposed district.
o The authority of the proposed district.
o An explanation of why the district is the best alternative.
o A resolution or official statement from the local general-purpose jurisdiction where the
proposed district will be located stating the proposed district is consistent with approved
local government plans and the local government does not object to creation of the
district.17
The charter of a newly created district must state whether it is dependent or independent. 18 Charters of
independent special districts must address and include a list of required provisions, including the
purpose of the district, its geographical boundaries, taxing authority, bond authority, and selection
procedures for the members of its governing body.19
Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
or fees authorized by special or general law. The special act creating an independent special district
may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.20
Election of Special District Boards
Members of a special district board are generally elected by the qualified electors of the district. 21 Some
district boards, however, are elected according to a one-acre/one-vote methodology.22
Section 189.041, F.S., provides a process for transitioning a special district governing board elected on
a one-acre/one-vote basis to election by the qualified electors of the district. A referendum may be
called at any time once the district has at least 500 qualified electors.23 A petition signed by 10 percent
of the qualified electors must be filed with the governing body of the district requesting a referendum. 24
Upon verification of the petition, the governing board of the district must call for a referendum at the
earlier of the next regularly scheduled election of governing body members occurring at least 30 days
after the verification of the petition or within six months of verification. 25
If the qualified electors approve the transition, the size of the board is increased to five members and
elections for the board are held at the earlier of the next regularly scheduled general election or a
special election held within six months following the referendum approving transition and the finalization
of the district urban area map.26 If the qualified electors do not approve the transition, a new
referendum may not be held for at least two years.27
Within 30 days after the transition referendum, the governing body of the district must direct the
district’s staff to prepare and present maps describing all urban areas contained in the district. 28 For the
purposes of this determination, an “urban area” is a contiguous, developed, and inhabited urban area
within a district with a minimum density of at least:
14 S. 189.08, F.S.
15
S. 189.015, F.S.
16 S. 189.016, F.S.
17
S. 189.031(2)(e), F.S.
18 S. 189.031(5), F.S.
19 S. 189.031(3), F.S.
20 Art. VII, s. 9(a), Fla. Const.
21 See e.g. ch. 2015-202, s. 4(4)(2)(a), Laws of Fla. (election provisions for Lehigh Acres Municipal Services Improvement District).
22
See s. 189.04(4), F.S. (providing an exception for special district governing board elected on a one -acre/one-vote basis); also see
e.g. ch. 2007-306, s. 5, Laws of Fla. (election provisions for the Babcock Ranch Community Independent Special District).
23 S. 189.041(2)(a)1.a., F.S.
24 S. 189.041(2)(a)1.b., F.S.
25 S. 189.041(2)(a)2., F.S.
26
S. 189.041(2)(a)3., F.S.
27 S. 189.041(2)(a)4., F.S.
28 S. 189.041(2)(b)1. F.S.
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1.5 persons per acre, as defined by the latest census or other official population count;
1 single-family home per 2.5 acres, with access to improved roads; or
1 single-family home per 5 acres within a recorded plat subdivision. 29
The maps describing the urban areas must be presented to the governing body of the district within 60
days after the referendum.30 The determination of urban areas is made with the assistance of local
general-purpose governments and district landowners or electors may contest the accuracy of the
map.31 If a landowner or elector raises an objection to the map, the map is submitted to the county
engineer for review.32 After all objections to the map have been addressed, the governing body of the
district must adopt either its initial map or the map as amended by the county engineer as the official
map at a regular scheduled meeting of the governing body held within 60 days of the presentation of all
such maps.33 A landowner or elector may contest the accuracy of the map by filing a petition in circuit
court within 30 days.34
After the adoption of the official map or a certification by the circuit court, the district urban area map
must determine the extent of urban area within the district and the composition of the board. 35 The
maps must be readopted every five years, but may be readopted sooner at the discretion of the
governing body of the district.36
The composition of the board is determined by the percentage of the district that is an urban area, as
follows:37
Urban Area as Number of Board Members Number of Board Members
Percentage of District Elected by Landowners Elected by Qualified Electors
Less than 25% 4 1
26%-50% 3 2
51%-70% 2 3
70%-90% 1 4
More than 91% 0 5
29 S. 189.041(1)(b), F.S.
30
S. 189.041(2)(b)2., F.S.
31 S. 189.041(1)(b) and (2)(b)3., F.S.
32 S. 189.041(2)(b)3., F.S.
33 S. 189.041(2)(b)4., F.S.
34 S. 189.041(2)(b)5., F.S.
35
S. 189.041(2)(b)6., F.S.
36 S. 189.041(2)(b)8., F.S.
37 S. 189.041(3)(a), F.S.
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Governing board members elected by qualified electors serve four-year terms, except for those elected
at the first election and the first landowners meeting following the referendum, who serve the following
terms:38
Urban Area as Terms of Board Members Terms of Board Members
Percentage of District Elected by Landowners Elected by Qualified Electors
Less than 25% 1 member serving each a 1-, 2-, 1 member serving a 4-year term
3-, and 4-year term
26%-50% 1 member serving each a 1-, 2-, 2 members serving a 4-year term
and 3-year term
51%-70% 1 member serving each a 1- and 2 members serving a 4-year term,
2-year term 1 member serving a 2-year term
70%-90% 1 member serving a 1-year term 2 members serving a 4-year term,
2 members serving a 2-year term
More than 91% n/a 3 members serving a 4-year term,
2 members serving a 2-year term
Annual landowner meetings continue as long as at least one member of the board is elected on a one-
acre/one-vote basis.39 There is no requirement for a majority of the acreage of the district to be
represented by either an owner or an owner’s proxy at the landowners meeting.40 Landowner meetings
must be held in the month preceding the month of the election of governing body members by
electors.41
Community Development Districts
Chapter 190, F.S., the “Uniform Community Development District Act of 1980,”42 sets forth the
exclusive and uniform procedures for establishing and operating a CDD. 43 This type of independent
special district is an alternative method to manage and finance basic services for community
development.44 As of February 2, 2024, there are currently 961 active CDDs in Florida.45
A CDD must act within the constraints of applicable comprehensive plans, ordinances, and regulations
of the local general-purpose government.46 CDDs have certain general powers, including the authority
to assess and impose ad valorem taxes upon lands in the CDD, sue and be sued, participate in the
state retirement system, contract for services, borrow money, accept gifts, adopt rules and orders
pursuant to the Administrative Procedure Act,47 maintain an office, lease property, issue bonds, raise
money by user charges or fees, and levy and enforce special assessments. 48
CDDs may also exercise additional special powers to provide, construct, and maintain public
improvements and facilities, such as systems for water management, water supply, sewer, and
wastewater management, as well as roads, bridges, culverts, street lights, buses, trolleys, transit
shelters, ridesharing facilities and services, parking improvements, signage, environmental
contamination, conservation areas, mitigation areas, and wildlife habitat. 49 With the consent of the
applicable local general-purpose government with jurisdiction over the affected area, a CDD may plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional
systems and facilities for parks and recreational areas, fire prevention and control, school buildings and
38 S. 189.041(3)(b), F.S.
39
S. 189.041(3)(c)1., F.S.
40 S. 189.041(3)(c)2., F.S.
41 S. 189.041(3)(c)3., F.S.
42 S. 190.001, F.S.
43 Ss. 190.004 and 190.005, F.S.
44
S. 190.003(6), F.S.
45 Dept. of Commerce, Official List of Special Districts Online, http://www.floridajobs.org/community-planning-and-development/special-
districts/special-district-accountability-program/official-list-of-special-districts (last visited Feb. 2, 2024).
46 S. 190.004(3), F.S.
47 Ch. 120, F.S.
48
S. 190.011, F.S.
49 S. 190.012(1