This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1045c.SAC
DATE: 2/8/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1045 West Villages Improvement District, Sarasota County
SPONSOR(S): Buchanan
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
17 Y, 0 N Leshko Miller
2) State Affairs Committee 20 Y, 0 N Leshko Williamson
SUMMARY ANALYSIS
The West Villages Improvement District (WVID) is an independent special district located in the City of North
Port and unincorporated parts of Sarasota County, created by special act on June 14, 2004. WVID is
authorized to plan, finance, construct, operate, and maintain public infrastructure in planned developments.
The purpose of WVID is to provide infrastructure, including community development, systems, facilities,
services, projects, and improvements to the district. WVID is governed by a five-member board of supervisors
elected by the landowners to serve four-year terms. The district is authorized to levy non-ad valorem
assessments and collect other rates, fees, rentals, fares, or other charges for property, facilities, and services
made available to residents of the district but does not have ad valorem taxing power. WVID has the power to
borrow money and issue bonds to be repaid by the collection of levies, fees, penalties, charges, fares, and
assessments or revenues of said district.
The bill adds approximately 20 acres to WVID’s jurisdictional boundaries, expanding the total acreage from
12,420 acres to 12,444 acres.
According to the economic impact statement, the expansion into the additional areas will increase district
expenses to construct and maintain infrastructure by approximately $1 million in each of the first two fiscal
years following the expansion, which would be offset by funds remaining from prior bond issuances for
construction and increased non-ad valorem assessment revenues.
The territorial expansion would go into effect only if affirmed by a majority vote of the landowners within the
expansion area voting in a referendum to be held at a meeting of such landowners within 90 days from the
effective date of the bill. The provisions providing for the referendum and required voter approval will go into
effect upon becoming law.
STORAGE NAME: h1045c.SAC PAGE: 2
DATE: 2/8/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Independent 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
The charter of a special district created by
special act may be altered or amended by subsequent special acts.
3
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.
4
A “dependent special district” is a special district subject to significant
control 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.
6
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.
7
Stewardship Districts
Stewardship districts provide management and financing structures for long term development of lands
in different areas of the state. Stewardship districts incorporate many elements of community
development district
8
law, including statutory definitions,
9
general and special powers,
10
public financing
including ad valorem taxes,
11
and the authority to issue bonds and related debt instruments.
12
The
primary distinction between stewardship districts and community development districts is the timing for
members of the board of supervisors to be chosen by all the qualified electors residing in the district.
13
Water Control Districts
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 and Veterans Affairs Subcommittee, Local Bill Policies and Procedures Manual 2020 – 2022, p. 23,
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&S
ession=2021&DocumentType=General+Publications&FileName=2021-
2022+Local+Bill+Policy+and+Procedures+Manual.pdf (last accessed Jan. 27, 2022).
4
Local Administration and Veterans Affairs Subcommittee, The Local Gov’t Formation Manual 2020 – 2022, pp. 60-61,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
accessed Jan. 27, 2022).
5
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.
6
S. 189.012(3), F.S.
7
Art. VII, s. 9(a), Fla. Const.
8
Ch. 190, F.S.
9
S. 190.003, F.S.
10
Ss. 190.007, 190.011, 190.012, 190.0125, 190.013, 190.031, 190.033, 190.035, 190.043, 190.44, F.S.
11
Ss. 190.015, 190.012, 190.022, 190.024, 190.025, 190.026, F.S.
12
Ss. 190.014, 190.016, 190.017, 190.023, F.S.
13
Local Administration and Veterans Affairs Subcommittee, The Local Gov’t Formation Manual 2020 – 2022, pp. 60-61,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
accessed Jan. 27, 2022). STORAGE NAME: h1045c.SAC PAGE: 3
DATE: 2/8/2022
Water control districts (WCD)
14
are created either by county ordinance or special act of the
Legislature.
15
A WCD is authorized to construct, complete, operate, maintain, repair, and replace any
and all works and improvements necessary to implement its specific water control plan.
16
A WCD may
build and construct any other works and improvements deemed necessary to preserve and maintain
the works in or out of its district. A WCD also may acquire, construct, operate, maintain, use, purchase,
sell, lease, convey, or transfer real or personal property, including pumping stations, pumping
machinery, motive equipment, electric lines, and all appurtenant or auxiliary machines, devices, or
equipment.
17
To fund the costs of constructing and completing the necessary improvements, a WCD
levies a non-ad valorem assessment apportioned on all lands in the district benefitting from the
improvements.
18
Each WCD also may levy annually a non-ad valorem assessment known as a
“maintenance tax” to defray the costs of maintaining and preserving the district improvements.
19
West Villages Improvement District
West Villages Improvement District (WVID) is an independent special district created by special act on
June 14, 2004.
20
WVID spans approximately 12,420 acres within the City of North Port and in
unincorporated Sarasota County.
21
WVID is governed by a five-member board of supervisors elected to
serve four-year terms by the landowners voting on a one acre/one vote basis.
22
WVID is authorized to
plan, finance, construct, operate, and maintain public infrastructure in planned developments. The
purpose of WVID is to provide infrastructure including community development, systems, facilities,
services, projects, and improvements to the district.
23
WVID has the authority to levy non-ad valorem
assessments and collect other rates, fees, rentals, fares, or other charges for property, facilities, and
services made available to residents of the district but does not have ad valorem taxing power.
24
WVID
has the power to borrow money and issue bonds to be repaid by the collection of levies, fees,
penalties, charges, fares, and assessments or revenues of said district.
25
WVID may exercise all powers, functions, and duties of a water control district under ch. 298, F.S.
26
In
lieu of the statutory maintenance tax, WVID may impose a non-ad valorem maintenance assessment
on specified property in the district.
27
Any expansion of the powers or boundaries of WVID within the City of North Port or within the
unincorporated area of Sarasota County requires the prior approval of the specific local government or
its designee.
28
Effect of Proposed Changes
The bill expands the boundaries of WVID by approximately 20 acres.
According to the economic impact statement, the district will spend approximately $2,000,000 to install
the infrastructure needed in the expansion parcel. WVID will finance these capital improvements by
14
All special districts operating under ch. 298, F.S., and formerly known as “drainage districts” or “water management
districts” are now officially called water control districts. S. 298.001, F.S.
15
S. 298.01, F.S. Prior to 1980, water control districts could be created by circuit court order. See s. 298.03, F.S. (1979).
16
S. 298.22, F.S.
17
S. 298.22(3), F.S.
18
S. 298.305(1), F.S.
19
S. 298.54, F.S.
20
Ch. 2004-456, Laws of Fla.
21
Ch. 2004-456, Laws of Fla., as amended by ch. 2006-355, 2007-307, 2008-284, Laws of Fla.
22
Ch. 2004-456, s. 4, Laws of Fla.
23
City of North Port, West Villages Improvement District (WVID) Information,
https://www.cityofnorthport.com/home/showpublisheddocument/17485/636600950709130000 (last visited Jan. 23, 2022).
24
Ch. 2004-456, s. 3(2)(q), Laws of Fla. (No rates, fares, charges, or fees shall be established until after a public hearing
of the board at the district at which all affected persons shall be given an opportunity to be heard).
25
Ch. 2004-456, ss. 3(2)(t), 10, Laws of Fla.
26
Ch. 2004-456, s. 3(1), Laws of Fla.
27
Ch. 2004-456, s. 7, Laws of Fla.
28
Ch. 2004-456, s. 2(4), Laws of Fla., as amended by ch. 2006-355, s. 1, Laws of Fla. STORAGE NAME: h1045c.SAC PAGE: 4
DATE: 2/8/2022
issuing bonds. WVID imposes special assessments on the properties that benefit from the
improvements and uses these assessments to fund the bonds. Additionally, WVID has construction
funds available from prior bond issuance that may be utilized to fund the infrastructure costs of the
expansion parcel. WVID does not anticipate needing to issue additional bonds.
29
Therefore, any
additional funds required for the planned development of the expansion parcel will be assessed to the
residents of the WVID directly benefiting from the new infrastructure and developments.
B. SECTION DIRECTORY:
Section 1: Amends ch. 2004-456, s. 17, Laws of Florida, as amended by ch. 2006-355, 2007-307,
and 2008-284, Laws of Fla., revising and expanding the boundaries of the West Villages
Improvement District.
Section 2: Provides that each assessable acre or fraction thereof present in person or by proxy at
the landowners’ meeting is counted as one vote.
Section 3: Provides that section 1 becomes effective upon approval by a majority of those qualified
landowners within the area described in section 1 voting in a referendum to be held
within 90 days from the effective date of the bill, and sections 2 and 3 become effective
upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? November 10, 2021.
WHERE? In The Herald-Tribune, a newspaper printed and published in the city of
Sarasota, and of general circulation in the Counties of Sarasota, Manatee, and
Charlotte, in the state of Florida.
B. REFERENDUM(S) REQUIRED? Yes [x] No []
IF YES, WHEN? A referendum of the affected landowners must be held within 90 days after the
effective date of this bill.
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 does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
29
Special District Services, Inc., Statement of Estimated Regulatory Costs West Villages Improvement District Expansion
of the District’s Boundaries, November 17, 2021, (attached to Economic Impact Statement). STORAGE NAME: h1045c.SAC PAGE: 5
DATE: 2/8/2022
Under the district charter as amended, expansion within the boundaries of the City of North Port or
within the unincorporated area of Sarasota County appears to require the prior approval of the affected
local government.
IV. AMENDMENTS/COMMITTEE SUBSTIT UTE CHANGES
None.