HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1611 City of Bartow, Polk County
SPONSOR(S): Ways & Means Committee, Bell
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 17 Y, 0 N Darden Darden
Districts Subcommittee
2) Ways & Means Committee 18 Y, 0 N, As LaTorre Aldridge
CS
3) State Affairs Committee
SUMMARY ANALYSIS
Special districts are units of local government created for a particular purpose, with jurisdiction to operate
within a limited geographic boundary. 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.
The bill creates the Clear Springs Stewardship District (District) in City of Bartow, Polk County. The District’s
purpose is to install, operate, and maintain community infrastructure serving approximately 17,481 acres.
The Economic Impact Statement projects expenditures of $150,000 in Fiscal Year (FY) 2023-24 and $172,500
in FY 2024-25 associated with startup costs for district administration and planning. The District is authorized
to levy special assessments, fees, and non-ad valorem assessments. The District also is authorized to levy ad
valorem taxes upon approval at referendum after the entire board is elected by qualified electors of the District.
The amount of revenues that would be generated by these assessments, fees, and taxes is indeterminate. The
District is authorized to perform numerous functions and undertake a wide range of projects within the District;
therefore, expenditures are expected but the amount of expenditures is indeterminate.
The bill takes effect October 1, 2023, except that provisions authorizing the levy of ad valorem taxes take effect
only upon approval by a majority vote of qualified electors in a referendum to be held after such time when all
members of the board are elected by and are qualified electors of the District.
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 .
STORAGE NAME: h1611c.WMC
DATE: 4/21/2023
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 A special district may be 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. 3
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.4
A “dependent special district” is a special district meeting at least one of the following criteria:
the membership of the district’s governing body is identical to the governing body of a single
county or municipality;
all members of the district’s governing body are appointed by the governing body of a single
county or municipality;
members of the district’s governing body are removable at will by the governing body of a single
county or municipality; or
the district’s budget is subject to approval by the governing body of a single county or
municipality.5
An “independent special district” is any district that is not a dependent special district or one that
includes more than one county unless the district lies wholly within 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 S. 189.012(6), F.S. See also Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547-48 (Fla. 2019).
2 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 d istricts 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. 125.01 and 166.021, F.S. See also Local Gov’t Formation Manual 62, availab le at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Apr. 19, 2023).
4 Local Gov’t Formation Manual at 62.
5 S. 189.012(2), F.S.
6 S. 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by g eneral
law. See, e.g. s. 190.005, F.S. (community development districts may be created by a county, municipality, or the Florida Land and
Water Adjudicatory Commission, depending on the size and location of the district).
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.
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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; and
o A resolution or official statement from the local general-government 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
13 S. 189.051, F.S.
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.
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DATE: 4/21/2023
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:
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
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 Elected by Landowners Elected by Qualified Electors
District
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,
28 S. 189.041(2)(b)1. F.S.
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.
38 S. 189.041(3)(b), F.S.
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DATE: 4/21/2023
Urban Area as Terms of Board Members Terms of Board Members
Percentage of Elected by Landowners Elected by Qualified Electors
District
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 landowners 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 There are currently 906 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