This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1025b.SAC
DATE: 2/5/2024
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1025 Municipal Service District of Ponte Vedra Beach, St. Johns County
SPONSOR(S): Stevenson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
14 Y, 0 N Mwakyanjala Darden
2) State Affairs Committee Mwakyanjala Williamson
SUMMARY ANALYSIS
Special districts are units 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. Special districts provide specific
municipal services in addition to, or in place of, those provided by a municipality or county.
The Municipal Service District of Ponte Vedra Beach (District) is an independent special district in St. Johns
County created in 1982. The District was created to provide certain services to the community of the District
independent and supplemental to those services provided by St. Johns County. The District is governed by a
board composed of seven elected Trustees. Trustees must be residents of the District, are elected to a four-
year term, and may not serve more than two consecutive four-year terms.
The District’s charter requires all capital projects in excess of $150,000, including any cost to acquire real or
personal property, to be approved by the electors of the District at a referendum. The charter also places a
$200,000 cap on the District’s ability to maintain contingency reserves, requiring all funds in excess of that
amount be used to reduce the ad valorem millage rate of the District in the following fiscal year.
The bill revises term limits for Trustees to establish a lifetime limit of 12 years.
The bill increases the threshold for capital projects requiring voter approval from $150,000 to the greater of
$150,000 or 25 percent of the District’s current annual budgeted expenses. It also makes a corresponding
change to the maximum amount the District may hold as contingency reserves, increasing the limit to the
greater of $200,000 or 25 percent of the District’s current annual budgeted expenses.
The Economic Impact Statement states that the bill is not expected to have a fiscal impact.
STORAGE NAME: h1025b.SAC PAGE: 2
DATE: 2/5/2024
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 a 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.
Municipal Service District of Ponte Vedra Beach
The Municipal Service District of Ponte Vedra Beach (District) is an independent special district in St.
Johns County created in 1982.
7
The District was created to provide certain services to the community
of the District independent and supplemental to the services provided by St. Johns County.
8
The
District is authorized to levy an ad valorem tax of up to three mills, provided that any levy in excess of
one mill must be approved by the electors of the district.
9
For Fiscal Year (FY) 2023-24, the District
levied ad valorem tax of 0.2464 mills and had a budget of $1,669,389.
10
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 Jan. 12, 2024).
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), and 388.221, F.S. (mosquito control), and 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
Ch. 82-375, Laws of Fla., amended by chs. 90-463 and 2002-373, Laws of Fla.
8
Ch. 82-375, s. 2(1), Laws of Fla., as amended by ch. 90-463, s. 2, Laws of Fla..
9
Ch. 82-375, s. 2(4)(j), Laws of Fla., as amended by ch. 2002-373, s. 1, Laws of Fla.
10
Municipal Service District of Ponte Vedra Beach, Budget 2023-2024, https://pvmsd.org/wp-content/uploads/2023/10/FINAL-
BUDGET-FOR-SEPTEMBER-20-MEETING.pdf (last visited Jan. 13, 2024). STORAGE NAME: h1025b.SAC PAGE: 3
DATE: 2/5/2024
The District is governed by a board composed of seven elected Trustees.
11
Trustees must be residents
of the District, are elected to a four-year term,
12
and may not serve more than two consecutive four-
year terms.
The District is responsible for supplementing the following specialized services and functions within the
district:
The provision of personnel, equipment, and facilities for civil defense, emergency ambulance
and rescue service, or funds for such services.
Parking restrictions and traffic control.
Refuse collection and disposal.
Beautification.
Cable television.
Fire protection.
Utilities, including, but not limited to, sewage, water, and lighting.
Recreation facilities.
13
The District is authorized to establish a police department comprised of trained law enforcement
officers or to contract with St. Johns County to provide enhanced patrols by the county sheriff.
14
The 2002 revision to the District’s charter required all capital projects of the District in excess of
$150,000, including any cost to acquire real or personal property, to be approved by the electors of the
District at a referendum.
15
The 2002 revisions also placed a $200,000 cap on the District’s ability to
maintain contingency reserves, requiring all funds in excess of that amount be used to reduce the ad
valorem millage rate of the District in the following FY.
16
Effect of Proposed Changes
The bill revises the term limits for Trustees to establish a lifetime limit of 12 years.
The bill increases the threshold for capital projects requiring voter approval from $150,000 to the
greater of $150,000 or 25 percent of the District’s current annual budgeted expenses.
17
The bill makes
a corresponding change to the maximum amount the District may hold as contingency reserves,
increasing the limit to the greater of $200,000 or 25 percent of the District’s current annual budgeted
expenses.
The Economic Impact Statement states that the bill is not expected to have a fiscal impact.
B. SECTION DIRECTORY:
Section 1: Amends ch. 82-375, Laws of Fla., as amended by chs. 90-463 and 2002-373, Laws of
Fla., relating to Municipal Service District of Ponte Vedra Beach, St. Johns County.
Section 2: Provides an effective date of October 1, 2024.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? October 6, 2023.
11
Ch. 82-375, s. 2(a), Laws of Fla.
12
Ch. 82-375, s. 2(a)-(b), Laws of Fla., as amended by ch. 90-463, s. 2, Laws of Fla.
13
Ch. 82-375, s. 2(4)(g)1.-8, Laws of Fla., as amended by ch. 90-463, s. 2, Laws of Fla.
14
Ch. 82-375, ss. 2(4)(p)-(q), Laws of Fla., as amended by ch. 90-463, s. 2, Laws of Fla.
15
Ch. 2002-373, s. 1, Laws of Fla., amending Ch. 82-375, s. 2(4)(h), Laws of Fla.
16
Ch. 2002-373, s. 1, Laws of Fla., amending Ch. 82-375, s. 2(5), Laws of Fla.
17
For FY 2023-24, this figure is approximately $334,000. See Municipal Service District of Ponte Vedra Beach, Budget 2023-2024,
https://pvmsd.org/wp-content/uploads/2023/10/FINAL-BUDGET-FOR-SEPTEMBER-20-MEETING.pdf (last visited Jan. 13, 2024). STORAGE NAME: h1025b.SAC PAGE: 4
DATE: 2/5/2024
WHERE? The St. Augustine Record, a newspaper of general circulation in St. Johns
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:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.