Florida 2024 2024 Regular Session

Florida House Bill H0867 Analysis / Analysis

Filed 01/08/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0867.LFS 
DATE: 1/8/2024 
 
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS 
 
BILL #: HB 867    North River Ranch Improvement Stewardship District, Manatee County 
SPONSOR(S): Robinson, W. 
TIED BILLS:    IDEN./SIM. BILLS:   
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Local Administration, Federal Affairs & Special 
Districts Subcommittee 
 	Roy Darden 
2) State Affairs Committee    
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 special district has only those powers expressly provided by, or 
reasonably implied from, the authority provided in the district’s charter.  
 
The North River Ranch Improvement Stewardship District (NRRISD) is an independent special district in 
Manatee County created by special act in 2020. NRRISD provides community development systems, facilities, 
services, projects, improvements, and infrastructure to the area. The district is governed by a five-member 
board of supervisors elected on a one vote per acre basis for four-year terms. 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 expands the boundaries of NRRISD by approximately 125.75 acres to a total of 2,126.844 acres. 
 
The Economic Impact Statement filed with the bill indicates that the bill will raise an expected $500,000 in 
additional revenue, all of which is anticipated to be used for infrastructure and costs related to the jurisdictional 
expansion.   STORAGE NAME: h0867.LFS 	PAGE: 2 
DATE: 1/8/2024 
  
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
 Special districts are funded through the imposition of ad valorem taxes, fees, or 
charges on the users of those services as authorized by law.
4
 
 
Special districts may be classified as dependent or independent based on their relationship with local 
general-purpose governments. A special district is classified as “dependent” if the governing body of a 
single county or municipality: 
 Serves as governing body of the district; 
 Appoints the governing body of the district; 
 May remove members of the district’s governing body at-will during their unexpired terms; or 
 Approves or can veto the budget of the district.
5
 
 
A district is classified as “independent” if it does not meet any of the above criteria or is located in more 
than one county, unless the district lies entirely within the boundaries of single municipality.
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
 
 
North River Ranch Improvement Stewardship District 
 
North River Ranch Improvement Stewardship District (NRRISD) is an independent special district 
created in 2020 by special act.
8
 The NRRISD 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.
9
 The NRRISD is 
authorized to provide these services extraterritorially upon execution of an interlocal agreement.
10
 The 
                                                
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, 62, available at 
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Dec. 5, 2023). 
4
 The method of financing a district must be stated in its charter. Ss. 189.02(4)(g), 189.031(3), F.S. Independent special districts may be 
authorized to impose ad valorem taxes as well as non-ad valorem special assessments in the special acts comprising their charters. 
See, e.g., ch. 2023-335, s. 6 of s. 1, Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss. 190.021 (community 
development districts), 191.009 (independent fire control districts), 197.3631 (non-ad valorem assessments), 298.305 (water control 
districts), 388.221 (mosquito control), ch. 2004-397, s. 27 of s. 3, Laws of Fla. (South Broward Hospital District). 
5
 S. 189.012(2), F.S. 
6
 S. 189.012(3), F.S. 
7
 See, e.g., ch. 2006-354, Laws of Fla. (Argyle Fire District may impose special assessments, but has no ad valorem tax authority). 
8
 Ch. 2020-191, Laws of Fla. 
9
 Ch. 2020-191, s. 1(2)(1)(b), Laws of Fla. 
10
 Ch. 2020-191, s. 1(3)(4), Laws of Fla.  STORAGE NAME: h0867.LFS 	PAGE: 3 
DATE: 1/8/2024 
  
district is governed by a five-member board of supervisors (board) elected to serve four-year terms 
either by the landowners or qualified electors residing in the district.
11
  
 
The NRRISD 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.
12
 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.
13
 
 
The district’s charter requires the board to obtain a resolution or other official statement from Manatee 
County stating the amendment is consistent with approved local government plans of the county and 
that the county has no objection to the amendment.
14
 The district received this consent.
15
 
 
 
Effects of Proposed Changes 
 
The bill amends the charter of NRRISD in revising the boundary description and expanding the 
boundaries of the district. The bill adds three segments of the district of approximately 87 acres, 30 
acres, and 8.75 acres for a total of 125.75 acres. 
 
The Economic Impact Statement filed with the bill indicates that the bill will raise an expected $500,000 
in additional revenue, all of which is anticipated to be used for infrastructure and costs related to the 
jurisdictional expansion. 
 
 
B. SECTION DIRECTORY: 
 
Section 1: Amends ch. 2020-191, Laws of Fla., as amended, revising the boundaries of the North 
River Ranch Improvement Stewardship District. 
 
Section 2: Provides an effective date of upon becoming a law. 
 
II.  NOTICE/REFERENDUM AND OTHER REQUIR EMENTS 
 
A.  NOTICE PUBLISHED?     Yes [x]     No [] 
 
      IF YES, WHEN? October 12, 2023 
 
WHERE? The Bradenton Herald, a daily newspaper of general circulation published in 
Manatee County. 
 
B.  REFERENDUM(S) REQUIRED?     Yes []     No [x] 
 
      IF YES, WHEN? 
 
                                                
11
 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. 
12
 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. 
13
 Ch. 2020-191, ss. 1(5)(3)(a)1. and 1(6)(12)(a), Laws of Fla. 
14
 Ch. 2021-191, s. 1(2)(3)(f), Laws of Fla. 
15
 See Manatee Cnty., Board of Cnty. Commissioners, Meeting Minutes for Sept. 26, 2023, available at 
https://www.mymanatee.org/government/board_of_county_commissioners/bcc_meetings_and_agendas (last visited Jan. 4, 2023).  STORAGE NAME: h0867.LFS 	PAGE: 4 
DATE: 1/8/2024 
  
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: 
At line 641, the bill states the total area of the district with an increase of 111.27 acres from the total 
area currently provided in the charter. However, the additional parcels added to the district by the bill 
total of 125.75 acres according to their individual segments. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.