STORAGE NAME: h4035c.WMC
DATE: 4/8/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 4035
TITLE: Lee County
SPONSOR(S): Giallombardo
COMPANION BILL: None
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
14 Y, 0 N
Ways & Means
15 Y, 0 N
State Affairs
SUMMARY
Effect of the Bill:
The bill merges the Fort Myers Beach Mosquito Control District into the Lee County Mosquito Control District,
subject to the approval of the electors of both districts voting in a referendum held at the 2026 general election.
Fiscal or Economic Impact:
The Economic Impact Statement (EIS) for the bill states Fort Myers Beach Mosquito Control District currently pays
$80,000 to the Lee County Mosquito Control District for aerial spraying and inspection services. Additional revenue
from Fort Myers Beach residents are estimated to be $1 million. The EIS states that a merger would result in more
equitable sharing of the cost of mosquito control services and most taxpayers would see a reduction in their millage
rate.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill merges the Fort Myers Beach Mosquito Control District into the Lee County Mosquito Control District and
transfers the assets and liabilities of the Fort Myers Beach Mosquito Control District to the Lee County Mosquito
Control District. (Section 3)
The bill amends the boundaries of the Lee County Mosquito Control District to include all of Lee County and
repeals the special act governing the Fort Myers Beach Mosquito Control District. (Sections 1 and 2)
The bill is subject to separate approval by the electors of both districts voting in a referendum to be held on
November 3, 2026, the 2026 general election. The bill specifies the wording of the referendum question on the
ballot and requires the referendum to be held in accordance with the Florida Election Code. (Section 4)
The bill provides that it only takes effect upon its approval by a majority vote of the qualified electors of both
districts voting in a referendum, except that sections 4 and 5 of the bill take effect upon becoming a law. (Section 5)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The Economic Impact Statement (EIS) for the bill states Fort Myers Beach Mosquito Control District currently pays
$80,000 to the Lee County Mosquito Control District for aerial spraying and inspection services. Additional revenue
from Fort Myers Beach residents are estimated to be $1 million. The EIS states that a merger would result in more
equitable sharing of the cost of mosquito control services and most taxpayers would see a reduction in their
millage rate. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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 are governed generally by the Uniform Special District Accountability Act (USDAA).
7 The USDAA
centralizes provisions governing special districts and applies to the formation,
8 governance,
9 administration,
10
supervision,
11 merger,
12 and dissolution
13 of special districts, unless otherwise expressly provided in law.
14 The
USDAA requires notice and publication of tentative budgets and final budgets.
15 Certain budget amendments are
allowed up to 60 days following the end of the fiscal year.
16
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
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
Intergovernmental Affairs Subcommittee, Local Government Formation Manual, p. 56 (last visited Mar. 28, 2025).
4
The method of financing a district must be stated in its charter. Ss. 189.02(4)(g) and 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. 1(6), 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), See also ch. 2004-397, s. 3(27), Laws of
Fla. (South Broward Hospital District).
5
S. 189.012(2), F.S.
6
S. 189.012(3), F.S.
7
S. 189.01, F.S., but see ch. 190, F.S. (community development districts), ch. 191, F.S. (independent special fire control
districts), ch. 298, F.S. (water control districts), ch. 388, F.S. (mosquito control districts), and ch. 582, F.S. (soil and water
conservation districts).
8
See ss. 189.02 (creation of dependent special districts) and 189.031, F.S. (creation of independent special districts).
9
See s. 189.0311, F.S. (charter requirements for independent special districts).
10
See s. 189.019, F.S. (requiring codification of charters incorporating all special acts for the district).
11
See s. 189.0651, F.S. (oversight for special districts created by special act of the Legislature).
12
Ss. 189.071 and 189.074, F.S.
13
Ss. 189.071 and 189.072, F.S.
14
See, e.g., s. 190.004, F.S. (Ch. 190, F.S. as “sole authorization” for creation of community development districts).
15
S. 189.016(4), F.S.
16
S. 189.016(6), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
funding from a variety of sources while prohibiting others. For example, ad valorem tax authority is not mandatory
for a special district.
17
Mosquito Control Districts
Mosquito control districts (MCDs) are intended to protect health and safety, improve quality of life, promote
economic development, and allow for the enjoyment of natural attractions of the state by reducing the number of
insects that transmit disease within their boundaries.
18 An MCD may contain part or all of a county or
municipality.
19 As of March 21, 2025, there were 18 mosquito control districts: 15 independent districts and three
dependent districts.
20 The creation of new MCDs has been prohibited since July 1, 1980.
21
MCDs work closely with the Department of Agriculture and Consumer Services to develop a work plan and budget
to meet the needs of the district.
22 In counties without a district, the board of county commissioners may exercise
the rights, powers, and duties authorized by statute for an MCD or may direct the county health department to do
so.
23
MCDs are generally governed by a three-member board of supervisors who are elected to serve a four-year term.
24
Board members are elected at-large in a non-partisan election, with the three candidates receiving the highest
number of votes elected to the board. An MCD board may adopt a resolution increasing the size of the board to five
members or providing for staggered terms of office.
25
Lee County Mosquito Control District
The Lee County Mosquito Control District is a MCD created by special act in 1958.
26 The charter of the district was
re-codified in 1998.
27 The district provides services to all of Lee County, except for the area that is serviced by the
Fort Myers Beach MCD.
28 The district is also authorized to take actions for the control and elimination of all species
of mosquitoes and other arthropods of public health importance in a five-mile radius outside the boundaries of the
district.
29
The district is governed by a seven-member board elected to serve staggered four-term years.
30 Members of the
board receive $4,800 a year as compensation.
31
The district’s charter authorizes an ad valorem tax levy of up to 1 mill.
32 The district levies an ad valorem tax of
0.22 mills for the current fiscal year, generating approximately $27.8 million in revenue.
33
17
See, e.g., ch. 2006-354, Laws of Fla. (Argyle Fire District may impose special assessments, but has no ad valorem tax
authority).
18
Ss. 388.0101 and 388.011(5), F.S.
19
S. 388.021(1), F.S.
20
Florida Dept. of Commerce, Special District Accountability Program, Official List of Special Districts, (last visited Mar. 28,
2025).
21
S. 388.021(2), F.S.
22
See ss. 388.271 and 388.281, F.S.
23
Ss. 388.241 and 388.251, F.S. The county health department must keep the books and make all reports required under ch.
388, F.S., and all purchases, whether by bid or otherwise, must be made in accordance with the procedures allowed by the
board of county commissioners. The health department must also submit to the board of county commissioners itemized
monthly statements of expenses incurred in carrying out the control program in the county.
24
S. 388.101(1), F.S.
25
S. 388.101(2) and (3), F.S.
26
Ch. 57-2060, s. 22, Laws of Fla.
27
Ch. 98-461, Laws of Fla.
28
Ch. 98-461, s. 1, Laws of Fla. See also ch. 2001-335, s. 3(2), Laws of Fla.
29
Ch. 98-461, s. 5, Laws of Fla.
30
Ch. 98-461, s. 3, Laws of Fla.
31
Ch. 98-461, s. 7. Laws of Fla. See also s. 388.141, F.S.
32
Ch. 98-461, s. 13, Laws of Fla.
33
Lee County Mosquito Control District, Lee County Mosquito Control District 2025 Budget (last visited Mar. 28, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Fort Myers Beach Mosquito Control District
The Fort Myers Beach MCD is a mosquito control district created by county resolution in 1949.
34 The charter of the
district was re-codified by special act in 2001.
35 The district is authorized to exercise all powers and authority
granted to MCDs under ch. 388, F.S. and by special acts relating to the district.
36 The district provides services to a
25 square mile area.
37 The district is governed by a three-member board elected to serve four-term years.
38
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.
39 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website
40 at least 30 days prior to the
introduction of the local bill in the House or Senate.
41 The bill shall take effect only upon its approval by the
qualified electors of both districts voting in a referendum held on November 3, 2026.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible.
42 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement Form
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
14 Y, 0 N 4/1/2025 Darden Darden
Ways & Means Committee 15 Y, 0 N Aldridge Hallaian
State Affairs Committee
34
Ch. 2001-335, s. 2, Laws of Fla.
35
Ch. 2001-335, Laws of Fla.
36
Ch. 2001-335, s. 5, Laws of Fla.
37
See ch. 2001-335, s. 2, Laws of Fla.
38
Ch. 2001-335, s. 3, Laws of Fla.
39
Art. III, s. 10, Fla. Const.
40
S. 50.0311(2), F.S.
41
S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
42
Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 28, 2025).