This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0995.LAV
DATE: 2/11/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 995 Sumter County
SPONSOR(S): Hage
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Mwakyanjala Miller
2) Ways & Means Committee
3) State Affairs Committee
SUMMARY ANALYSIS
Independent special fire control districts are a type of independent special district created by the Legislature for
the purpose of providing fire suppression and related activities within the territorial jurisdiction of the district.
Independent fire control districts are governed by both ch.189, F.S., the “Uniform Special District Accountability
Act,” and Ch. 191, F.S., the “Independent Special Fire Control District Act.” A Community Development District
is an independent special district providing alternative methods to manage and finance basic services for
community development.
The bill creates the Villages Independent Fire Control and Rescue District (District), an independent special fire
control district in Sumter County. The bill provides that the act takes effect only upon approval by a majority
vote of the qualified electors residing within the boundaries of the District. voting in a referendum held no later
than December 31, 2022.
According to the Economic Impact Statement (EIS) filed with the House, the implementation, administration,
and enforcement of the District shall cost $22,323,428.00 for the Fiscal Year 2021-2022 and $28,890,958.00
for the Fiscal Year 2022-2023. The EIS states that local and federal sources will fund the implementation,
administration, and enforcement of the District in the amounts of $24,810,239.00 for the Fiscal Year 2021-2022
and $31,867,663.00 for the Fiscal Year 2022-2023. STORAGE NAME: h0995.LAV PAGE: 2
DATE: 2/11/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Formation and Charter of an Independent Special District
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,
2
special
act,
3
local ordinance,
4
or by rule of the Governor and Cabinet.
5
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.
6
A “dependent special district” is a special district subject to significant control by
the governing body of a single county or municipality.
7
An “independent special district” is any district
that is not a dependent special district.
8
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.
9
With the exception of community development districts,
10
the charter for any new independent special
district must include the minimum elements required by ch. 189, F.S.
11
Any 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.;
12
Exempt district elections from the requirements of s. 189.04, F.S.;
13
Exempt a district from the requirements for bond referenda in s. 189.042, F.S.;
14
Exempt a district from certain requirements relating to
15
issuing bonds if no referendum is
required,
16
requiring special district reports on public facilities,
17
notice and reports of special district
public meetings,
18
or required reports, budgets, and audits
19
; or
Create a district for which a statement documenting specific required matters is not submitted to the
Legislature.
20
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
S. 189.031(3), F.S.
3
Id.
4
S. 189.02(1), F.S.
5
S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
6
2020 – 2022 Local Gov’t Formation Manual, pp. 60-61, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&Doc
umentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf (last accessed 1/26/2021).
7
S. 189.012(2), F.S. Types of such control include the county or municipality governing body acting as the district governing body,
having the authority to appoint or remove at will district board members, or having final approval authority over the district’s budget.
8
S. 189.012(3), F.S.
9
Art. VII, s. 9(a), Fla. Const.
10
S. 189.0311, F.S. See s. 190.004, F.S. (providing that chapter 190, F.S., governs the functions and powers of independent community
development districts).
11
S. 189.031(1), F.S. Section 189.031(3), F.S., sets forth the minimum charter requirements for an independent special district.
12
S. 189.031(2)(a), F.S.
13
S. 189.031(2)(b), F.S.
14
S. 189.031(2)(c), F.S.
15
S.189.031(2)(d), F.S.
16
S. 189.051, F.S.
17
S. 189.08, F.S.
18
S. 189.015, F.S.
19
S. 189.016, F.S.
20
S. 189.031(2)(e), F.S. (providing that each required statement filed with the Legislature must include the purpose of the proposed
district, the authority of the district, an explanation of why the district is the best alternative, and a resolution or official statement from the STORAGE NAME: h0995.LAV PAGE: 3
DATE: 2/11/2022
These prohibitions were passed by a three-fifths majority in the House and Senate when ch. 189, F.S.,
originally was adopted.
21
They may be amended or repealed only “by like vote.”
22
The charter of a newly-created district must state whether it is dependent or independent.
23
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, selection
procedures for the members of its governing body, and the overall powers of the district.
24
Independent Fire Control Districts
An independent special fire control district is a type of independent special district created by the
Legislature for the purpose of providing fire suppression and related activities within the territorial
jurisdiction of the district.
25
The “Independent Special Fire Control District Act” (Act)
26
is intended to
provide standards, direction, and procedures for greater uniformity in the operation and governance of
these districts, including financing authority, fiscally-responsible service delivery, and election of
members to the governing boards for greater public accountability.
27
The Act controls over more
specific provisions in any special act or general law of local application creating an independent fire
control district’s charter.
28
The Act requires every independent fire control district be governed by a five-
member board
29
and provides for:
General powers;
30
Special powers;
31
Authority and procedures for the assessment and collection of ad valorem taxes at a rate of no
more than 3.75 mills;
32
Authority and procedures for the imposition, levy, and collection of non-ad valorem
assessments, charges, and impact fees;
33
and
Issuance of district bonds and evidences of debt.
34
Independent fire control districts are authorized to cooperate and contract with other governmental
agencies to provide effective mutual aid, including exercising powers outside the district’s boundary in
cooperation with another governmental agency that shares such powers in common with the district.
35
As a type of independent special district,
36
independent special fire control districts are subject to
applicable provisions of ch. 189, F.S., the “Uniform Special District Accountability Act.”
37
Community Development Districts
local general-government jurisdiction where the proposed district will be located stating the district is consistent with approved local
planning and the local government does not object to creation of the district).
21
Ch. 89-169, s. 67, Laws of Fla.
22
Art. III, s. 11(a)(21), Fla. Const.
23
S. 189.031(5), F.S.
24
S. 189.031(3), F.S. (setting forth the minimum charter requirements).
25
S. 191.003(5), F.S.
26
Chapter 191, F.S.
27
S. 191.002, F.S.
28
S. 191.004, F.S. Provisions in other laws pertaining to district boundaries or geographical sub-districts for electing members to the
governing board are excepted from this section. Id.
29
S. 191.005(1)(a), F.S. A fire control district may continue to be governed by a three-member board if authorized by special act
adopted in or after 1997.
30
S. 191.006, F.S. (e.g. power to sue and be sued in the name of the district, the power to contract, and the power of eminent domain).
31
S. 191.008, F.S.
32
S. 191.006(14); 191.009(1), F.S.
33
Ss. 191.006(11), (15), 191.009(2)—(4), 191.011, F.S.
34
S. 191.012, F.S.
35
S. 191.006(13), F.S.
36
S. 191.014(1), F.S., providing that new districts are created by the Legislature pursuant to s. 189.031, F.S.
37
S. 189.031, F.S. STORAGE NAME: h0995.LAV PAGE: 4
DATE: 2/11/2022
Chapter 190, F.S., the “Uniform Community Development District Act of 1980,”
38
provides the exclusive
and uniform procedures for establishing and operating a community development district (CDD).
39
This
type of independent special district is an alternative method to manage and finance basic services for
community development.
40
There are currently 808 active CDDs in Florida.
41
A CDD must act within the constraints of applicable comprehensive plans, ordinances, and regulations
of the local general purpose government.
42
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 APA, maintain an office, lease, issue bonds, raise money by user charges or fees, and
levy and enforce special assessments.
43
The statute also authorizes additional special powers pertaining to public improvements and facilities,
such as systems for water management, water supply, sewer, and wastewater management, as well as
authority to provide 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.
44
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
improvements such as parks and recreational areas, fire prevention and control, school buildings and
related structures; security; control and elimination of mosquitoes and other arthropods of public health
importance; waste collection and disposal.
45
The Villages
Originally named Orange Blossom Gardens, the Villages were created and developed during the 1980s
and early 1990s
46
and are comprised of 17 special purpose districts.
47
The Village Center Community
Development District (VCCDD) was created in order to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for:
48
Parks and facilities for indoor and outdoor recreation, cultural, and educational uses;
Control and elimination of mosquitoes and other arthropods of public health importance;
Security; and
Water mains and plugs for fire prevention and control.
VCCDD is governed by a five-member Board of Supervisors (Board). On October 6, 1998, the Board
approved the formation of the Villages Public Safety Department (VPSD) within VCCDD.
49
VPSD has
an interlocal agreement with Sumter County to provide emergency fire, dispatch, and medical
38
S. 190.001, F.S.
39
Ss. 190.004 & 190.005, F.S.
40
S. 190.003(6), F.S.
41
Florida Department of Economic Opportunity, Division of Community Development, Special District
Information Program (DEO), The Official List of Special Districts Online, Create Your Own Report, available at
http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited on February 10, 2022).
42
S. 190.004(3), F.S.
43
S. 190.011, F.S.
44
S. 190.012(1), F.S. The rule or ordinance establishing the CDD may restrict the special powers authorized in this subsection. Section
190.005(1)(f), (2)(d), F.S.
45
S. 190.012(2), F.S.
46
Inside the Bubble, History of the Villages, available at https://www.insidethebubble.net/history-of-the-villages/ (last visited on February
10, 2022).
47
The Villages Community Development Districts, Welcome, available at https://www.districtgov.org/ (last visited on February 10,
2022).
48
Town of Lady Lake, Ordinance No. 92-06.
49
The Villages Community Development Districts, Public Safety, available at https://www.districtgov.org/departments/Public-
Safety/public-safety.aspx (last visited on February 10, 2022). STORAGE NAME: h0995.LAV PAGE: 5
DATE: 2/11/2022
services.
50
VCCDD is funded by Benefit Special Assessments.
51
The current non-ad valorem
assessment rate in Sumter County that contributes to VCCDD is $124.00 per improved parcel.
52
The Economic Impact Statement (EIS) for the bill asserts that individuals of the proposed fire control
district shall receive better coverage and response times for fire emergencies and emergency medical
services. The most recent available fire emergency and emergency medical response times by VPSD
in Sumter County, as well as VPSD budget information, are listed below.
Fire Emergency and Emergency Medical Services Response Times
53
Year Total Fire
Emergency
Response Time
(Rural)
Total Fire
Emergency
Response Time
(Urban)
Total Emergency
Medical Services
Response Time
(Rural)
Total Emergency
Medical Services
Response Time
(Urban)
2018 13 minutes, 32
seconds
9 minutes, 3
seconds
14 minutes, 43
seconds
10 minutes, 20
seconds
2019 13 minutes, 22
seconds
8 minutes, 37
seconds
14 minutes, 30
seconds
9 minutes, 45
seconds
2020 12 minutes, 16
seconds
9 minutes, 15
seconds
14 minutes, 26
seconds
9 minutes, 30
seconds
VPSD Budget
Fiscal Year Budget
2019-20
54
$16,772,816.00
2020-21
55
$19,560,052.00
2021-22
56
$22,146,517.00
Effect of Proposed Changes
The bill creates an independent special fire control district to be known as the Villages Independent Fire
Control and Rescue District (District). The District is created for the purposes of providing fire control,
fire prevention, emergency medical, rescue response, and public safety services to the residents within
the boundaries provided by the bill. The bill describes the boundaries of the District and provides the
boundaries may be modified, extended, or enlarged upon approval or ratification by the Legislature.
The District is authorized to hold and exercise all powers and duties set forth in chs. 189 and 191, F.S.
The bill restricts the District’s ad valorem taxing authority by requiring a majority of district electors
voting in a referendum conducted by the Supervisor of Elections of Sumter County to approve the
exercise of such authority. The District is authorized to exercise all other rights and powers regarding
the levy and collection of additional non-ad valorem assessments as provided in ch. 191, F.S.
The bill creates the Board of Commissioners of the Villages Independent Fire Control and Rescue
District (Fire Control Board). The Fire Control Board shall consist of five commissioners and shall be
elected, organized, and operated under ch. 191, F.S. The initial members of the Fire Control Board will
be appointed by the Governor, two members to serve two-year terms and three members to serve four-
year terms, and thereafter elected by the voters of the District to four-year terms. Under the statute the
Fire Control Board will have the authority to levy ad valorem taxes on property within the district at a
50
VPSD Fire Chief Edmund A. Cain and Deputy Fire Chief James Goodworth, The Villages Public Safety Department, available at
https://www.sumtercountyfl.gov/AgendaCenter/ViewFile/Item/18369?fileID=43743 (last visited on February 10, 2022).
51
Village Center Community Development District, Board of Supervisors, FY21-22 Final Budget, available at
https://www.districtgov.org/PDFView/PDFMeeting.aspx?id=20211028vc0101 (last visited on February 10, 2022).
52
Sumter County, Fire Assessment Rate
53
Board of County Commissioners FY2021-2022 Adopted Budget, Sumter County Fire and EMS, available at https://county-sumter-fl-
budget-book.cleargov.com/sumter-county/2022/departments/sumter-county-fire-and-ems (last visited on February 10, 2022).
54
Village Center Community Development District, Board of Supervisors, FY19-20 Final Budget, available at
https://www.districtgov.org/PDFView/PDFMeeting.aspx?id=20201002vc0101 (last visited on February 10, 2022).
55
Village Center Community Development District, Board of Supervisors, FY20-21 Final Budget, available at
https://www.districtgov.org/PDFView/PDFMeeting.aspx?id=20201002vc0102 (last visited on February 10, 2022).
56
Supra note 51. STORAGE NAME: h0995.LAV PAGE: 6
DATE: 2/11/2022
rate not exceeding 3.75 mills, subject to the restriction that this authority may not be exercised without
prior voter approval.
The bill provides for a referendum of qualified electors residing within the District to be held on or
before December 31, 2023, to determine whether the bill shall go into effect and the District created.
The bill provides a ballot question for the referendum. The ballot question caps any ad valorem taxes at
1 mill and annual non-ad valorem assessments at $124.00 per parcel plus $0.75 per $1,000 of value of
improvements thereon. Unless the majority of the electors in the affected area vote to approve the
creation of the District, the substance of the bill will not go into effect.
According to the EIS filed with the House, the implementation, administration, and enforcement of the
District shall cost $22,323,428.00 for the Fiscal Year 2021-2022 and $28,890,958.00 for the Fiscal Year
2022-2023. The EIS states that local and federal
57
sources will fund the implementation, administration,
and enforcement of the District in the amounts of $24,810,239.00 for the Fiscal Year 2021-2022 and
$31,867,663.00 for the Fiscal Year 2022-2023.
B. SECTION DIRECTORY:
Section 1: Provides a short title of the act.
Section 2: Creates the District and sets its boundaries.
Section 3: Provides legislative intent.
Section 4: Creates the District Board of Commissioners and states the structure of the Fire Control
Board.
Section 5: Provides the powers and duties of the District.
Section 6: Provides the boundaries of the District may be modified, extended, or enlarged upon
approval or ratification by the Legislature.
Section 7: Provides the charter may only be amended by special act of the Legislature.
Section 8: Provides for severability of the provisions of the act.
Section 9: Provides that the Supervisor of Elections of Sumter County shall conduct a referendum;
provides a ballot question.
Section 10: Provides the act takes effect only upon the approval by a majority of the qualified
electors voting in a referendum, except that sections 9 and 10 are effective upon the bill
becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? November 1, 2021
WHERE? The Daily Sun, a newspaper in circulation in Sumter County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [X] No []
IF YES, WHEN? December 31, 2023
57
The EIS states VPSD receives a federal grant, the SAFER grant, each year. The grant is to expire in Fiscal Year 2022-2023. STORAGE NAME: h0995.LAV PAGE: 7
DATE: 2/11/2022
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 authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTI TUTE CHANGES
STORAGE NAME: h0995.LAV PAGE: 8
DATE: 2/11/2022
Appendix A: The Villages Independent Fire Control and Rescue District Proposed Boundaries