The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: HB 11-B
INTRODUCER: Representative Daley
SUBJECT: Sunshine Water Control District, Broward County
DATE: February 9, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Twogood RC Pre-meeting
I. Summary:
HB 11-B is a local bill that reaffirms and continues the Sunshine Water Control District’s
(district) 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, notwithstanding s. 189.0311(2), F.S., the district is not dissolved as
of June 1, 2023, but continues in full force and effect.
II. 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
1
Section 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
Section 189.012(6), F.S.
3
Sections 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. FLA. CONST. art VIII, ss.
1(f) and (g), 2(b), s. 6(e) and sections 125.01 and 166.021, F.S. See also Local Gov’t Formation Manual 62, available at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Feb. 8, 2023).
4
Local Gov’t Formation Manual at 62.
REVISED: BILL: HB 11-B Page 2
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
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.
7
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.
8
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.
9
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.
10
Formation and Charter of an Independent Special District
With the exception of community development districts,
11
the charter for an independent special
district must include the minimum elements required by ch. 189, F.S.
12
Charters of independent
special districts must address and include a list of required provisions, including the purpose of
5
Section 189.012(2), F.S.
6
Section 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by general
law. See, e.g. section 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
Dept. of Economic Opportunity, Special Dist. Accountability Program, “Official List of Special Districts,”
available at http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited Feb. 8, 2023).
8
FLA. CONST. art VII, s. 9(a)
9
FLA. CONST. art VII, s. 9(b)
10
FLA. CONST. art XII, ss. 2, 15 See also FLA. CONST. art. IX, s. 2 (1885), amended by SJR 69 (1939) (approved by the voters Nov. 5, 1940)
(prohibition on state levy of ad valorem taxes for state purposes). Bailey v. Ponce de Leon Port Authority, 398 So. 2d 812 (Fla. 1981); see
also Hillsborough County v. Tampa Port Authority, 563 So. 2d 1108 (Fla. 2d DCA 1990).
11
Section 189.0311, F.S.; see section 190.004, F.S. (providing that ch. 190, F.S., governs the functions and powers of independent
community development districts).
12
Sections 189.031(1) and (3), F.S., sets forth the minimum charter requirements for an independent special district. BILL: HB 11-B Page 3
the district, its geographical boundaries, taxing authority, bond authority, and selection
procedures for the members of its governing body.
13
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;
14
For districts created by special act, the passage of a special act dissolving the district, subject
to approval by a majority vote of the residents or landowners of the district;
15
For districts created by a local government, voter approval of a referendum dissolving the
district or by the procedure used to create the district;
16
or
For districts that have been declared inactive by DEO, by special act or ordinance without a
referendum.
17
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.
18
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,
19
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.
20
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.
21
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.
22
A WCD may build and construct any other works and improvements deemed
13
Sections 189.031(3), F.S. (setting forth the minimum charter requirements).
14
Section 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.
15
Section 189.072(2)(a), F.S.
16
Section 189.072(2)(b), F.S. If the district has the power to levy ad valorem taxes, a referendum is required for dissolution. FLA. CONST.
art. VII, s. 9(b).
17
Section 189.072(3), F.S.
18
Created by ch. 2022-266, Laws of Fla.
19
Dept. of Economic Opportunity, Special District Accountability Program, “Official List of Special Districts,” available at
http://specialdistrictreports.floridajobs.org/webreports/criteria.aspx (last visited Feb. 8, 2023).
20
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.
21
Sections 189.072(4) and 189.076(2), F.S.
22
Section 298.22, F.S. BILL: HB 11-B Page 4
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, pumping machinery, motive equipment, electric lines and
all appurtenant or auxiliary machines, devices, or equipment.
23
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.
24
Today, WCDs may be created only by special act or by county ordinance.
25
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.
26
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.
27
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.
28
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
29
and subsequently ratified
and approved by a special act the same year.
30
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.
31
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.
32
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.
33
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,
23
Section 298.22(3), F.S.
24
Section 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).
25
Section 289.01, F.S.
26
Section 298.11(1), F.S.
27
Section 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.
28
Section 298.12(1), F.S.
29
Decree in chancery no. 62-4569-F (Jan. 23, 1963) entered by the Circuit Court in and for the Fifteenth Judicial Circuit of Florida.
30
Ch. 63-609, s. 1, Laws of Fla.
31
About the District, Sunshine Water Control District, available at: https://www.sunshinewcd.net/about.php (last visited Feb. 8, 2023).
32
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 Feb. 8, 2023).
33
Ch. 2021-255, s. 1, Laws of Fla. BILL: HB 11-B Page 5
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.
34
III. Effect of Proposed Changes:
The bill ratifies and confirms the continued existence of the Sunshine Water Control District
(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.
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.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
This bill is a local law, an important distinction because the State Constitution imposes
special requirements on local laws and prohibits local laws on specified subjects where
34
Election results from Broward County Supervisor of Elections website, available at https://enr.electionsfl.org/BRO/3281/Summary/ (last
visited Feb 8, 2022). BILL: HB 11-B Page 6
the law should be uniform statewide. The general guiding test to distinguish the
difference is:
A statute relating to subdivisions of the state or to subjects or to persons
or things of a class, based upon proper distinctions and differences that
inhere in or are peculiar or appropriate to the class, is a ‘general law’;
while a statute relating to particular subdivisions or portions of the state,
or to particular classified localities, is a local law. . .
35
Section 10 Article III of the State Constitution requires that notice of intent to seek
enactment of a local law be published in the manner provided by general law,
36
or that
the local law be conditioned to take effect only upon approval by vote of the area
affected. A local law must satisfy one of these requirements or it is unconstitutional.
37
Notice was published on December 19, 2022, in the Sun-Sentinel, a daily newspaper of
general circulation in Broward, Miami-Dade, and Palm Beach counties, FL.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill does not appear to have a fiscal impact on the district.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill repeals, reenacts, and amends chapters 63-609 and 2021-255, Laws of Florida.
35
State ex rel. Buford v. Daniel, 99 So. 804 (1924)
36
Sections 11.02, 11.021, and 11.03, F.S.
37
Barndollar v. Sunset Realty Corp., 379 So.2d 1278 (Fla. 1979) BILL: HB 11-B Page 7
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.