This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0567e.SAC
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 567 Lake Padgett Estates Independent Special District, Pasco County
SPONSOR(S): Steele and Yarkosky
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N Burgess Darden
2) Ethics, Elections & Open Government
Subcommittee
18 Y, 0 N Poreda Toliver
3) State Affairs Committee 17 Y, 0 N Burgess Williamson
SUMMARY ANALYSIS
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate
within a limited geographic boundary. Special districts are created by general law, special act, local ordinance,
or rule of the Governor and Cabinet. A “dependent special district” is a special district subject to significant
control by the governing body of a single county or municipality.
The Lake Padgett Estates Independent Special District (District) is an independent special district created in
2006 by special act. The District encompasses approximately 775 acres of land in Pasco County. The District’s
board is composed of five members serving two-year terms. Members of the board must be United States
citizens and qualified electors who live in the District. If a vacancy occurs during the term of office, the
remaining members of the board fill each vacancy by appointment for the remainder of the unexpired term.
The bill increases the term of District board members from two years to four years, beginning with members
elected during the 2024 general election. The bill provides that two members of the board elected during the
2024 general election will serve a two-year term for the purpose of creating staggered terms. All members
elected beginning in the 2026 general election will hold office for a four-year term until their successors are
elected.
According to the economic impact statement, the bill is not expected to have a fiscal impact.
STORAGE NAME: h0567e.SAC PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHAN GES:
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
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
Lake Padgett Estates Independent Special District
The Lake Padgett Estates Independent Special District (District) is an independent special district
created in 2006 by special act.
7
The District encompasses approximately 775 acres of land in Pasco
County.
8
The District was established to maintain, operate, and improve recreational amenities and
associated infrastructure within its jurisdictional boundaries.
9
The District is financed by special
assessments levied on properties in the district.
10
The District’s adopted budget for Fiscal Year 2022-23
is $595,279.
11
1
S. 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
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. 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 Mar. 6, 2023).
4
Local Gov’t Formation Manual at 62 available at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Mar. 6, 2023).
5
S. 189.012(2), F.S.
6
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).
7
Ch. 2006-317, Laws of Fla.
8
Lake Padgett Estates, Independent Special District Overview, https://www.lakepadgettisd.org/about-the-isd (last visited Mar. 6, 2023).
9
Ch. 2006-317, s. 2(2), Laws of Fla.
10
See Ch. 2006-317, s. 6, Laws of Fla. (district authorized to levy special assessments, but must have subsequent referendum to levy
ad valorem taxes) and Lake Padgett Estates Independent Special District Adopted Budget for Fiscal Year 2022-2023, available at
https://www.lakepadgettisd.org/documents (last visited Mar. 6, 2023).
11
Lake Padgett Estates Independent Special District Adopted Budget for Fiscal Year 2022-2023, available at
https://www.lakepadgettisd.org/documents (last visited Mar. 6, 2023). STORAGE NAME: h0567e.SAC PAGE: 3
DATE: 3/23/2023
The District’s board is composed of five members serving two-year terms.
12
Members of the board
must be United States citizens and qualified electors who live in the District. If a vacancy occurs during
the term of office, the remaining members of the board fill each vacancy by appointment for the
remainder of the unexpired term.
13
Board members may receive compensation of $50 per board
meeting, not to exceed $1,200 per year or an amount established by the electors of the District voting
in a referendum.
14
Members may also receive travel and per diem expenses as provided by general
law.
Effect of Proposed Changes
The bill increases the term of office for District board members from two years to four years, beginning
with three members elected during the 2024 general election. The bill provides that two members of the
board elected during the 2024 general election will serve a two-year term for the purpose of creating
staggered terms. All members elected beginning in the 2026 general election will hold office for a four-
year term until their successors are elected.
According to the economic impact statement, the bill is not expected to have a fiscal impact.
B. SECTION DIRECTORY:
Section 1: Amends ch. 2006-317, s. 4(3) Laws of Fla., revising the terms of office for board
members elected to the District to provide for staggered terms.
Section 2: Provides an effective date of July 1, 2023.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? December 14, 2022
WHERE? The Laker/Lutz News, a weekly newspaper of general circulation in Pasco
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:
None.
12
Ch. 2006-317, s. 4(2)(a), Laws of Fla.
13
Ch. 2006-317, s. 4(3), Laws of Fla.
14
Ch. 2006-317, s. 4(8), Laws of Fla. STORAGE NAME: h0567e.SAC PAGE: 4
DATE: 3/23/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.