HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1185 Indian Trail Improvement District
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Roth
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 18 Y, 0 N, As Darden Miller
Subcommittee CS
2) State Affairs Committee 19 Y, 0 N Mwakyanjala Williamson
SUMMARY ANALYSIS
The Indian Trails Improvement District (District) is an independent special district in Palm Beach County that
provides water control, water supply, and drainage services by the construction and maintenance of canals,
ditches, levees, dikes, pumping plants, and other works and improvements. The District was created by special
act in 1957 and its charter was re-codified in 2002. The District maintains 164 miles of canals and 458 miles of
roads, providing service to over 40,000 residents.
The bill authorizes the District to expend funds for the purposes of:
Determining the feasibility of converting the District into a municipality pursuant to statute;
Creating an incorporation committee with public membership to conduct hearings seeking community
input on the review of the feasibility study and development of a draft municipal charter; and
Developing a draft municipal charter.
The bill provides transition provisions in the event the District converts into a municipality.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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 A special district may be created by general law, special
act, local ordinance, or by 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.3
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.4
An “independent special district” is characterized by having a governing board comprised of members
who are not identical in membership to, nor all appointed by, nor any removable at will by, the
governing body of a single county or municipality, and the district budget cannot be affirmed or vetoed
by the governing body of a single county or municipality. 5 Additionally, a district that includes more than
one county is an independent special district unless the district lies wholly within the boundaries of a
single municipality.
Municipal Conversion of Independent Special Districts
The electors of an independent special district can petition the governing body of the district to
commence a municipal conversion if the independent special district is:
Created by special act of the Legislature;
Designated as an improvement district, created pursuant to chapter 298, F.S., or is designated
as a stewardship district, created pursuant to s. 189.031, F.S.;
Governed by an elected board that agrees to the conversion;
Provides at least four of the following municipal services: water, sewer, solid waste, drainage,
roads, transportation, public works, fire and rescue, street lighting, parks and recreation, or
library or cultural facilities; and
Contains no territory located within the jurisdictional limits of an existing municipality. 6
The petition must follow a statutorily-specified format and be signed by at least 40 percent of the
qualified electors of the district no later than one year after the start of the qualified elector-initiated
municipal conversion proceeding.7 The petition must be filed with the governing body of the district and
submitted to the supervisor of elections in the county where the district is located.8 The supervisor of
elections must certify to the governing body of the district the number of signatures by qualified electors
within 30 business days of receipt.
1 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2 See ss. 189.031(3), 189.02(1), and S. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3 See ss. 189.02(4)-(5) and 189.031(3), F.S. Counties and municipalities have “home rule” powers allowing them to enact ordinances
not inconsistent with general or special law for governmental, corporate, or proprietary purposes. Special districts do not possess home
rule powers and are permitted to impose only those taxes, assessments, or fees authorized by special or general law. See art. VIII, ss.
1(f) and (g), 2(b), s. 6(e), Fla. Const. and ss. 166.021 and 125.01, F.S. See also 2020-2022 The Local Government Formation Manual,
p. 70, at https://www.myfloridahouse.gov/Sections/Documents/
loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&DocumentType=General+Publications&FileName=20
21-2022+Local+Government+Formation+Manual.pdf, (last visited March 4, 2021) (hereinafter Local Government Manual).
4 Local Government Manual at 65.
5 S. 189.012(3), F.S.
6 S. 165.0615(1), F.S.
7 S. 165.0615(2), F.S.
8 S. 165.0615(3), F.S.
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Upon receiving a petition with a sufficient number of signatures, the governing body of the district must
meet within 30 business days to prepare and adopt a proposed elector-initiated combined conversion
and incorporation plan (Plan) containing:
The name of the independent special district to be converted to a municipality;
The name of the municipality to be created;
The conversion schedule;
Certification by a licensed surveyor that the boundaries of the proposed municipality do not
overlap with any other municipal boundary and are contained within a single county;
The rights, duties, and obligations of the municipality, and a feasibility study that contains the
requirements under the municipal incorporation statutes, except that the provisions of s.
165.061(1)(b)-(d), F.S., do not apply if the buildout of the land use allowed under the current
county-approved comprehensive plan and zoning designations will meet the population and
density requirements of the statute;9
The territorial boundaries of the proposed municipality;
The governmental organization of the proposed municipality and independent special district as
the organization concerns elected and appointed officials and public employees, along with a
transitional plan and schedule for elections and appointments of officials;
An accounting of the independent special district's assets, including, but not limited to, real and
personal property, and the current value of the property;
An accounting of the independent special district's liabilities and indebtedness, bonded and
otherwise, and the current value of the liabilities and indebtedness;
Terms for addressing the ownership and obligations related to existing assets, liabilities, and
indebtedness of the independent special district;
Terms for the common administration and uniform enforcement of existing laws within the
proposed municipality;
An estimated date for final payment of any bonded indebtedness of the independent special
district, and if maintained by the district after incorporation, the estimated date of automatic
dissolution of the independent special district;
The time and place for a public hearing on the proposed incorporation; and
The effective date of the proposed incorporation.10
Within five business days after adopting the Plan, the governing body of the district must:
Provide a copy of the Plan, as well as a descriptive summary, for public inspection in at least
three public places within the district;
Publish a copy of the Plan, as well as a descriptive summary, to the district’s website or a
website maintained by the county in which the district is located; and
Arrange for the publication of the descriptive summary and the list of locations where the Plan
may be reviewed in a newspaper of general circulation within the district at least once each
week for four successive weeks.11
The district must conduct at least one public hearing on the Plan.12 All public hearings on the Plan must
be held on weekdays and may not occur until at least seven business days after the first advertisement
about the Plan is published. The district must also conduct a final public hearing and provide notice at
least seven days before the hearing in a newspaper of general circulation.13 The notice for the final
public hearing must contain the descriptive summary of the Plan and the list of locations where the Plan
may be reviewed.
Revisions to the Plan made after the final hearing may only occur if those revisions comply with notice
and public hearing requirements.14 The governing body of the district must approve a final version
9 See s. 165.061(1)(b) and (d), F.S. (requiring an area proposed for municipal incorporation to have a population of at least 1,500 in
counties with a population of 75,000 or less (at least 5,000 in counties with a population of more than 75,000), an average population
density of 1.5 persons per acre, and a minimum distance of at least two miles from any existing municipality in the same county).
10 S. 165.0615(4), F.S.
11 S. 165.0615(6), F.S.
12 S. 165.0615(7), F.S.
13 S. 165.0615(8), F.S.
14 S. 165.0615(9), F.S.
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within 60 business days after the final hearing. After the final hearing, the governing body of the district
notifies the supervisor of elections, who schedules a date for the conversion referendum.15 There must
be at least 60 business days between the District’s adoption of the Plan and the referendum.16
The district must provide published notice 30 days prior to the referendum.17 The notice must be
published at least twice, in the fifth week and the third week prior to the referendum. The notice must
contain:
A brief summary of the resolution and Plan;
A statement as to where the Plan may be reviewed;
The name of the district to be converted and a description of the territory included in the Plan;
The time and place where the referendum will be held; and
Other matters necessary to call, provide for, and give notice of the referendum to provide for its
conduct and the canvassing of the returns.18
If the referendum is approved, the district is governed as before until the effective date specified in the
Plan, at which point the new municipality is created.19 If the referendum fails, the conversion process
may not be re-initiated for at least two years after the date of the referendum.20
Indian Trails Improvement District
The Indian Trails Improvement District (District) is an independent special district in Palm Beach
County that provides water control, water supply, and drainage services by the construction and
maintenance of canals, ditches, levees, dikes, pumping plants, and other works and improvements.21
The District was created by special act in 1957 and its charter was re-codified in 2002.22 The District
maintains 164 miles of canals and 458 miles of roads, providing service to over 40,000 residents.23
A board of five members serving four-year terms governs the District.24 Members of the board must be
qualified electors of the district and maintain residency during their time in office.25
The total budget of the District for fiscal year 2020-21 is $15.7 million, funded primarily by non-ad
valorem special assessments.26
Effect of Proposed Changes
The bill authorizes the District to expend funds for the purposes of:
Determining the feasibility of converting the District into a municipality pursuant to statute;27
Creating an incorporation committee with public membership to conduct hearings seeking
community input on the review of the feasibility study and development of a draft municipal
charter; and
Developing a draft municipal charter.
The bill provides that in the event the District is converted into a municipality, the District will continue to
exist until its existing debts are terminated or the District and the new municipality have agreed to a
15 S. 165.0615(10), F.S.
16 S. 165.0615(5), F.S.
17 Ss. 100.342, 165.0615(11), F.S.
18 S. 165.0615(11), F.S.
19 S. 165.0615(18), F.S.
20 S. 165.0615(17), F.S.
21 Fiscal Year 2021 Budget Recommendation, Indian Trails Improvement District, available at
https://www.indiantrail.com/departments/finance/budgets-financial-reports (last visited Mar. 19, 2021).
22 Ch. 2002-330, ss. 2, 3, Laws of Fla.
23 Fiscal Year 2021 Budget Recommendation, Indian Trails Improvement District, available at
https://www.indiantrail.com/departments/finance/budgets-financial-reports (last visited Mar. 19, 2021).
24 Ch. 2002-330, s. 3(6), F.S.
25 Ch. 2002-330, s. 3(6)(1)(c), F.S.
26 Fiscal Year 2021 Budget Recommendation, Indian Trails Improvement District, available at
https://www.indiantrail.com/departments/finance/budgets-financial-reports (last visited Mar. 19, 2021).
27 S. 165.0615, F.S.
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transition date. The bill provides that the District’s existing assets, liabilities, and contracts would be
unaffected by the transition and that all resolutions and policies of the District remain in effect until
amended, revised, or terminated by the municipality.
B. SECTION DIRECTORY:
Section 1: Amends ch. 2002-330, Laws of Fla., as amended, to authorize the District to expend
funds to study municipal conversion.
Section 2: Except as otherwise provided, provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? January 21, 2021
WHERE? The Palm Beach Post, a daily newspaper of general circulation published in Palm
Beach County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The original economic impact statement filed in support of the bill provided information on the fiscal
years 2020-21 and 2021-22.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 23, 2021, the Local Administration & Veterans Affairs Subcommittee adopted an amendment
and reported the bill favorably as a committee substitute. The amendment removed provisions contracting
the boundaries of the District, requiring interlocal agreements, and allowing for an incorporation referendum
upon petition of 10 percent of the register voters of the District.
This analysis is drafted to the committee substitute adopted by the Local Administration & Veterans
Affairs Subcommittee.
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