Florida 2022 2022 Regular Session

Florida House Bill H1103 Analysis / Analysis

Filed 02/17/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1103d.SAC 
DATE: 2/17/2022 
 
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS 
 
BILL #: HB 1103    North River Ranch Improvement Stewardship District, Manatee County 
SPONSOR(S): Gregory 
TIED BILLS:    IDEN./SIM. BILLS:   
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Local Administration & Veterans Affairs 
Subcommittee 
16 Y, 0 N Darden Miller 
2) Ways & Means Committee 	18 Y, 0 N Berg Aldridge 
3) State Affairs Committee  	Darden Williamson 
SUMMARY ANALYSIS 
North River Ranch Stewardship District (District) is an independent special district in Manatee County created 
in 2020. The District provides community development systems, facilities, services, projects, improvements, 
and infrastructure to the area. The District is governed by a five-member board of supervisors who are elected 
on a one vote per acre basis. The District is authorized to impose ad valorem taxes and may levy user charges 
and fees, non-ad valorem maintenance taxes as authorized by general law, maintenance special assessments, 
and benefit special assessments. However, ad valorem taxes may be imposed only after all members of the 
board are elected on a popular vote basis and the levy of ad valorem taxes is approved by the district voters in 
a subsequent referendum. 
 
The bill removes approximately 11 acres from the District’s jurisdictional boundaries, reducing the total acreage 
from 2,012 acres to 2,001 acres. 
 
The Economic Impact Statement filed with the bill indicates that there are no substantive fiscal impacts of the 
bill. 
   STORAGE NAME: h1103d.SAC 	PAGE: 2 
DATE: 2/17/2022 
  
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 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 in which the membership of the governing body is 
identical to the governing body of a single county or municipality, all members of the 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 the approval of 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
  
 
Lakewood Ranch Stewardship District 
 
North River Ranch Stewardship District (District) is an independent special district created in 2020 by 
special act.
7
 The District covers land in Manatee County and its purpose is to provide for a 
comprehensive community development approach that facilitates an integral relationship among 
regional transportation, land use, and urban design, creating a diverse mix of housing and regional 
employment and economic development opportunities, rather than fragmented development with 
underutilized infrastructure which is generally associated with urban sprawl.
8
 The District is authorized 
to provide these services extraterritorially upon execution of an interlocal agreement.
9
 The District is 
governed by a five-member board of supervisors elected to serve four-year terms either by the 
landowners or qualified electors residing in the District.
10
  
 
The District is authorized to impose ad valorem taxes and may levy user charges and fees, non-ad 
valorem maintenance taxes as authorized by general law, maintenance special assessments, and 
                                                
1
 S. 189.012(6), F.S. The Legislature adopted ch. 189, F.S., in 1989 to provide uniform statutes for the definition, creation, and 
operation of special districts. See s. 189.011(1), F.S. 
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 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 2021 – 2022 Local Gov’t Formation Manual, p. 70, at 
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3117 (last visited Jan. 13, 2022) (hereinafter 
Local Government Manual). 
4
 Local Government Manual at 64. 
5
 S. 189.012(2), F.S. 
6
 S. 189.012(3), F.S. Independent special districts are created by the Legislature unless otherwise authorized by general law. The 
charter of a newly-created district must meet minimum statutory requirements which includes a statement that it is an independent 
special district.   
7
 Ch. 2020-191, Laws of Fla. 
8
 Ch. 2020-191, s. 1(2)(1)(b), Laws of Fla. 
9
 Ch. 2020-191, s. 1(3)(4), Laws of Fla. 
10
 Ch. 2020-191, s. 1(5), Laws of Fla. As qualified electors move into the District, more members are chosen in an election of the 
qualified electorate rather than a landowners’ meeting. Once 15,000 qualified electors reside within the District, all five members will be 
elected by the qualified electorate. Ch. 2020-191, s.1(5)(3)(a)2.a(IV),Laws of Fla.  STORAGE NAME: h1103d.SAC 	PAGE: 3 
DATE: 2/17/2022 
  
benefit special assessments.
11
 However, ad valorem taxes may be imposed only after all members of 
the board are elected on a popular vote basis and the levy of ad valorem taxes is approved by the 
district voters in a subsequent referendum.
12
 
 
Effect of Proposed Changes 
 
The bill removes approximately 11 acres from the District’s jurisdictional boundaries, reducing the total 
acreage from 2,012 acres to 2,001 acres. 
 
The Economic Impact Statement filed with the bill indicates that there are no substantive fiscal impacts 
of the bill. 
 
B. SECTION DIRECTORY: 
Section 1: Amends ch. 2020-191, Laws of Fla., to remove approximately 11 acres from the North 
River Ranch Improvement Stewardship District, Manatee County. 
 
Section 2: Provides an effective date of upon becoming a law. 
II.  NOTICE/REFERENDUM AND OTHER REQUIREMENTS 
 
A.  NOTICE PUBLISHED?     Yes [x]     No [] 
 
      IF YES, WHEN? November 5, 2021 
 
WHERE? The Bradenton Herald, a daily newspaper of general circulation published in 
Manatee 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 does not provide rulemaking authority or require executive branch rulemaking. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
None. 
                                                
11
 Ch. 2020-191, s. 1(6)(12), Laws of Fla. The District currently does not levy ad valorem taxes. The District may only levy ad valorem 
taxes subject to approval at a referendum held after the complete transition of the District’s board to election by the qualified electors of 
the District. 
12
 Ch. 2020-191, ss. (1)(5)(3)(a)1. and (1)(6)(12)(a), Laws of Fla.  STORAGE NAME: h1103d.SAC 	PAGE: 4 
DATE: 2/17/2022