This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0011B.SAC
DATE: 2/6/2023
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 11B Sunshine Water Control District, Broward County
SPONSOR(S): Daley
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) State Affairs Committee Mwakyanjala Williamson
SUMMARY ANALYSIS
The Sunshine Water Control District (District) is an independent special district in Broward County, created by
a decree of the Fifteenth Judicial Circuit in 1963 and subsequently ratified and approved by a special act the
same year. The District provides water management improvements and services to support local development,
maintaining 5,422 acres of canals and right-of-way property providing drainage and flood protection to
approximately 17,000 landowners in Coral Springs. A three-member board of supervisors elected by
landowners governs the District until the general election to be held on November 5, 2024, at which time a five-
member board is required to be elected by the qualified electors of the District.
For its 2020-2021 Fiscal Year (FY), the District reported outstanding long-term debt of $12,004,956. The
District’s proposed budget for FY 2022-23 is $3.6 million.
The bill reaffirms and continues the District’s authority to raise revenue and pay outstanding bonds and other
obligations without interruption. The bill codifies, reenacts, and amends the charter of the District and repeals
the special acts and judicial decree that created the District. The bill reaffirms the District’s boundaries, the
applicability of ch. 298, F.S., including the power to levy and collect taxes as provided in that chapter, the
powers of the District to construct and maintain roads, and the transition to a governing five-member board.
The bill further provides that the District is not dissolved as of June 1, 2023.
The bill does not appear to create any additional fiscal impact on the District.
According 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) may
apply to this bill.
STORAGE NAME: h0011B.SAC PAGE: 2
DATE: 2/6/2023
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
Special districts are 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.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.
3
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 the approval of the governing body of a single county or
municipality.
4
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.
5
According to the Department of Economic Opportunity’s (DEO) Special District Accountability Program
Official List of Special Districts (Official List of Districts), there are 1,918 special districts, including
1,303 independent special districts and 615 dependent districts.
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
Generally, the maximum millage rate for an independent special district is the millage rate authorized
by law and approved by the electors of the district in a referendum.
8
The 1968 Florida Constitution,
however, provides that independent special districts with ad valorem tax authority established by law
before its effective date may continue to exercise that authority, but that the authority may be restricted
or withdrawn by law unless such power is necessary to pay outstanding debts.
9
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, Federal Affairs & Special Districts Subcommittee, The Local Government Formation Manual, 58, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3227&Session=2023&Doc
umentType=General+Publications&FileName=2022+Local+Government+Formation+Manual.pdf (last visited Jan. 27, 2023).
4
S. 189.012(2), F.S.
5
S. 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by general
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).
6
Dept. of Economic Opportunity, Special Dist. Accountability Program, “Official List of Special Districts,” at
http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited Feb. 1, 2023).
7
See art. VII, s. 9(a), Fla. Const.
8
See art. VII, s. 9, Fla. Const.
9
Art. XII, ss. 2, 15, Fla. Const. See also art. IX, s. 2, Fla. Const. (1885), amended by SJR 69 (1939) (approved by the voters Nov. 5,
1940) (prohibition on state levy of ad valorem taxes for state purposes). STORAGE NAME: h0011B.SAC PAGE: 3
DATE: 2/6/2023
Formation and Charter of an Independent Special District
With the exception of community development districts,
10
the charter for an independent special district
must include the minimum elements required by ch. 189, F.S.
11
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.
12
Independent Special District Dissolution
Generally, an independent special district may be dissolved in one of the four following ways:
Voluntary dissolution by a majority vote plus one of the district’s board;
13
For districts created by special act, the passage of a special dissolving the district, subject to
approval by a majority vote of the residents or landowners of the district;
14
For districts created by a local government, voter approval of a referendum dissolving the
district or by the procedure used to create the district;
15
or
For districts that have been declared inactive by DEO, by special act or ordinance without a
referendum.
16
Additionally, s. 189.0311(2), F.S., provides for the dissolution of all independent special districts
created by special act prior to the ratification of the Florida Constitution on November 5, 1968, if those
districts are not reestablished, re-ratified, or otherwise reconstituted by a special act or general law
after that date.
17
Such districts dissolve on June 1, 2023, unless re-established pursuant to the
requirements and limitations of ch. 189, F.S., on or after that date. According to the Official List of
Districts, 132 active independent special districts were created by special act before November 5,
1968,
18
and of those districts, six do not operate under a charter that was reestablished, re-ratified, or
otherwise reconstituted by a special act or general law after November 5, 1968.
19
Unless otherwise provided by law or ordinance, all assets and liabilities of a dissolved independent
special district are transferred to the local general-purpose government having jurisdiction over the
territory of the district.
20
Water Control Districts
Chapter 298, F.S., governs the creation and operation of water control districts (WCD). A WCD has
authority and responsibility to construct, complete, operate, maintain, repair, and replace any and all
works and improvements necessary to execute the water control plan adopted by that district.
21
A WCD
may build and construct any other works and improvements deemed necessary to preserve and
maintain the works in or out of said district. A WCD also may acquire, construct, operate, maintain, use,
purchase, sell, lease, convey, or transfer real or personal property, including pumping stations,
10
S. 189.0311, F.S.; see s. 190.004, F.S. (providing that ch. 190, F.S., governs the functions and powers of independent community
development districts).
11
Ss. 189.031(1) and (3), F.S., sets forth the minimum charter requirements for an independent special district.
12
S. 189.031(3), F.S. (setting forth the minimum charter requirements).
13
S. 189.072(1), F.S. If the district was created by special act, dissolution also requires a special act of the Legislature to take effect.
14
S. 189.072(2)(a), F.S.
15
S. 189.072(2)(b), F.S. If the district has the power to levy ad valorem taxes, a referendum is required for dissolution. See Art. VII, s.
9(b), Fla. Const.
16
S. 189.072(3), F.S.
17
Created by ch. 2022-266, Laws of Fla.
18
Dept. of Economic Opportunity, Special Dist. Accountability Program, “Official List of Special Districts,” at
http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited Feb. 1, 2023).
19
Bradford County Development Authority, Bradford County; Eastpoint Water and Sewer District, Franklin County; Hamilton County
Development Authority, Hamilton County; Marion County Law Library, Marion County; Reedy Creek Improvement District, Orange and
Osceola Counties; and Sunshine Water Control District, Broward County will dissolve on June 1, 2023, unless re-established pursuant
to the requirements and limitations of ch. 189, F.S., on or after that date. Of those scheduled to sunset, Eastpoint Water and Sewer
District, Reedy Creek Improvement District, and Sunshine Water Control District have debt obligations.
20
Ss. 189.072(4) and 189.076(2), F.S.
21
S. 298.22, F.S. STORAGE NAME: h0011B.SAC PAGE: 4
DATE: 2/6/2023
pumping machinery, motive equipment, electric lines and all appurtenant or auxiliary machines,
devices, or equipment.
22
Prior to July 1, 1980, WCDs were created by the submission of a petition signed by a majority of the
landowners in the area of the proposed district to the circuit court that had jurisdiction over the area.
23
Today, WCDs may be created only by special act or by county ordinance.
24
Most WCDs are governed by a three-member board composed of landowners within the district who
are also residents of the county where the district is located.
25
Landowners vote for the governing board
of the district on a one-acre/one-vote basis, with the three persons receiving the highest number of
votes elected in the initial election.
26
Landowners may vote in person or by a signed proxy statement.
The landowners at the initial election determine the length of the term of office for the initial board,
selecting one member to serve a one-, two-, or three-year term, respectively. All members
subsequently elected serve a three-year term, with one member of the board elected by the
landowners each year.
27
Sunshine Water Control District
The Sunshine Water Control District (District) is an independent special district in Broward County,
created by a decree of the Fifteenth Judicial Circuit in 1963
28
and subsequently ratified and approved
by a special act the same year.
29
The District provides water management improvements and services
to support local development, maintaining 5,422 acres of canals and right-of-way property providing
drainage and flood protection to 17,000 landowners in Coral Springs.
30
For its 2020-2021 Fiscal Year
(FY), the District reported outstanding long-term debt of $12,004,956. The District’s proposed budget
for FY 2022-23 is $3.6 million, derived almost entirely from special assessments.
31
In 2021, the Legislature amended the District’s charter, increasing the board from three to five
members and requiring each board member to be elected by the qualified electors of the District.
32
However, the bill required the voters of the District to approve the proposed amendment before it could
go into effect and required a referendum be held on November 8, 2022, for that purpose. At the
referendum held on that date, the voters approved the referendum question and ch. 2021-255, s. 1,
Laws of Fla., went into effect.
33
Effect of the Proposed Changes
The bill ratifies and confirms the continued existence of the District and provides legislative intent to
preserve the District’s necessary authority to generate revenue and pay outstanding indebtedness as
provided in its original charter as such authority was preserved by Art. XII, ss. 2 and 15 of the Florida
Constitution.
22
S. 298.22(3), F.S.
23
See s. 298.01, F.S. (authorizing “water control districts established prior to July 1, 1980, pursuant to the process formerly contained
in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter.”) See also s. 298.01, F.S. (1980)
and ch. 79-5, ss. 1-3, Laws of Fla. Originally, the Board of Drainage Commissioners for the State also had authority to prepare and file
a petition to form a drainage district. See ch. 6458, s. 1, Laws of Fla. (1913).
24
S. 289.01, F.S.
25
S. 298.11(1), F.S.
26
S. 298.11(2), F.S. Landowners who own less than one acre receive one vote, while landowners who own more than one acre are
entitled to additional votes for any fraction of an acre greater than one-half owned in addition to votes equal to the number of whole
acres owned.
27
S. 298.12(1), F.S.
28
Decree in chancery no. 62-4569-F (Jan. 23, 1963) entered by the Circuit Court in and for the Fifteenth Judicial Circuit of Florida.
29
Ch. 63-609, s. 1, Laws of Fla.
30
About the District, Sunshine Water Control District, https://www.sunshinewcd.net/about.php (last visited Oct. 29, 2022).
31
Sunshine Water Control District Adopted Budget Fiscal Year 2021, Sunshine Water Control District, available at
https://www.sunshinewcd.net/_assets/documents/fy-2023/2022-SWCD-budget-proposed.pdf?v=1666205375 (last visited Oct. 19,
2022).
32
Ch. 2021-255, s. 1, Laws. of Fla.
33
Election results from Broward County Supervisor of Elections website at https://enr.electionsfl.org/BRO/3281/Summary/ (last visited
Nov. 10, 2022). STORAGE NAME: h0011B.SAC PAGE: 5
DATE: 2/6/2023
The bill codifies, reenacts, and amends the charter of the District and repeals chs. 63-609 and 2021-
255, Laws of Fla., and the decree in chancery No. 62-4596-F entered by the Fifteenth Judicial Circuit
Court creating the District.
The bill further reaffirms and continues the District’s boundaries, the applicability of ch. 298, F.S.,
including the power to levy taxes and collect taxes as provided in that chapter, the powers of the
District to construct and maintain roads, and the transition to a governing five-member board elected by
the qualified electors of the District beginning in 2024.
Finally, the bill provides that, notwithstanding s. 189.0311(2), F.S., the district is not dissolved as of
June 1, 2023, but continues in full force and effect.
B. SECTION DIRECTORY:
Section 1: Provides that chs. 63-609 and 2021-255, Laws of Fla., and the decree in chancery No.
62-4596-F entered by the Fifteenth Judicial Circuit of the State of Florida on January 23,
1963, are codified, reenacted, amended, and repealed as provided in the bill and
provides legislative intent.
Section 2: Provides the charter for the Sunshine Water Control District.
Section 3: Provides for liberal construction of the act.
Section 4: Repeals chs. 67-764 and 2021-255, Laws of Fla., and the decree in chancery No. 62-
4596-F entered by the Fifteenth Judicial Circuit of the State of Florida on January 23,
1963.
Section 5: Provides an exception to general law.
Section 6: Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? December 19, 2022.
WHERE? The Sun-Sentinel, a daily newspaper published in Broward, Palm Beach, and
Miami-Dade Counties, FL.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [] No [X]
D. ECONOMIC IMPACT STATEMENT FILED? Yes [] No [X]
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies. STORAGE NAME: h0011B.SAC PAGE: 6
DATE: 2/6/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:
According 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) may
apply to this bill.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.