This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0943c.SAC
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 943 ACME Improvement District and Pine Tree Water Control District, Palm Beach
County
SPONSOR(S): Waldron
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
15 Y, 0 N Roy Darden
2) State Affairs Committee 17 Y, 0 N Roy 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 Acme Improvement District (AID) is a dependent special district of the Village of Wellington originally
created as an independent special district by special act in 1953. The district was made a dependent district of
the Village of Wellington as part of that municipality’s incorporation process in 1995. AID was established for
the purpose of reclaiming and draining lands from the effects of water by means of construction and
maintenance of canals and other improvements and making the lands within the district available for settlement
and agriculture.
The Pine Tree Water Control District is an independent special district created by a circuit court decree in
1971. The charter of the district was recodified in 2009. The Pine Tree Water Control District was created for
similar purposes to AID.
The bill transfers lands commonly known as Wellington Preserve at the Marjory Stoneman Douglas Everglades
Habitat and the Moncada Property from the Pine Tree Water Control District to AID. The purpose of the
transfer of territory is to facilitate the incorporation of the Moncada Property into the existing Wellington
Preserve at the Marjory Stoneman Douglas Everglades Habitat, and to preserve public resources by allowing
the Village of Wellington to direct financial resources to developing the area for the benefit of the public.
According to the economic impact statement, the bill is not expected to have a fiscal impact.
STORAGE NAME: h0943c.SAC PAGE: 2
DATE: 3/23/2023
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
Special districts are created by general law,
2
special
act,
3
local ordinance,
4
or rule of the Governor and Cabinet.
5
A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
6
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.
7
A “dependent special district” is a special district where 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 the governing body of a single county or municipality.
8
An
“independent special district” is any district that is not a dependent special district.
9
The charter of a newly-created district must state whether it is dependent or independent.
10
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.
11
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.
12
Special districts may enter into interlocal agreements with one or more other local governmental units.
13
Under such an agreement, the special district may exercise jointly with the other participating local
governments those powers, privileges, or authorities which they have in common and each may
exercise separately.
14
Acme Improvement District (AID)
The AID is a dependent special district of the Village of Wellington originally created as an independent
special district by special act in 1953.
15
The district was made a dependent district of the Village of
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
S. 189.031(3), F.S.
3
Id.
4
S. 189.02(1), F.S.
5
S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
6
Halifax Hosp. Med. Center, supra at 548.
7
Local Gov’t Formation Manual at p. 58, available 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. 25, 2023).
8
S. 189.012(2), F.S.
9
S. 189.012(3), F.S.
10
S. 189.031(5), F.S.
11
S. 189.031(3), F.S.
12
Art. VII, s. 9(a), Fla. Const.
13
S. 163.01(2), (3)(b), F.S.
14
S. 163.10(4), F.S.
15
See Ch. 28557 (1953), Laws of Fla. STORAGE NAME: h0943c.SAC PAGE: 3
DATE: 3/23/2023
Wellington as part of its incorporation process.
16
The charter of the district was subsequently codified in
2003.
17
AID was established for the purpose of reclaiming and draining lands from the effects of water
by means of construction and maintenance of canals and other improvements and making the lands
within the district available for settlement and agriculture.
18
AID’s service area covers over 32 square
miles and includes portions of unincorporated Palm Beach County.
19
In addition to drainage, water, and
wastewater services, the district maintains equestrian trails and is responsible for overseeing and
maintaining the Wellington Environmental Preserve at Marjory Stoneman Douglas Everglades Habitat,
the Birkdale Preserve, and Big Blue Preserve.
Pine Tree Water Control District
The Pine Tree Water Control District is an independent special district created by circuit court decree in
1971.
20
The charter of the district was recodified in 2009.
21
The district was created to reclaim, drain
and protect the lands from the effects of water by means of the construction of maintenance canals and
other drainage works and improvements and eventual settlement and agriculture.
22
The district
contains 4,022 taxable acres of property.
23
Effect of Proposed Changes
The bill transfers lands commonly known as Wellington Preserve at the Marjory Stoneman Douglas
Everglades Habitat and the Moncada Property from the Pine Tree Water Control District to the AID.
The purpose of the transfer of territory is to facilitate the incorporation of the Moncada Property into the
existing Wellington Preserve at the Marjory Stoneman Douglas Everglades Habitat, and to preserve
public resources by allowing the Village of Wellington to direct financial resources to developing the
area for the benefit of the public. The addition of the Moncada property to Wellington Preserve will add
45 acres to the preserve.
According to the economic impact statement, the bill is not expected to have a fiscal impact.
B. SECTION DIRECTORY:
Section 1: Transfers lands known as the Wellington Preserve at the Marjory Stoneman Douglas
Everglades Habitat and the Moncada Property from the Pine Tree Water Control District
to the Acme Improvement District.
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? January 19, 2023
WHERE? The Palm Beach Post, a daily newspaper of general circulation in Palm Beach
County, Florida.
16
Ch. 95-496, s. 10(g), Laws of Fla.
17
Ch. 2003-330, Laws of Fla.
18
Ch. 2003-330, s. 3(1), Laws of Fla.
19
Acme Improvement District, What is the Acme Improvement District?, https://acme.wellingtonfl.gov/what-is-the-acme-improvement-
district (last visited Mar. 11, 2023).
20
Pine Tree Water Control District, General Information, https://ptwcd.org/general-information/ (last visited Mar. 11, 2023).
21
Ch. 2009-270, Laws of Fla.
22
Ch. 2009-270, s. 3(1), Laws of Fla.
23
Pine Tree Water Control District, General Information, https://ptwcd.org/general-information/ (last visited Mar. 11, 2023).
STORAGE NAME: h0943c.SAC PAGE: 4
DATE: 3/23/2023
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 neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.