This rulemaking will delete a form that is incorporated by reference, but is not authorized by statute, that is used to annually collect information and a statutorily required fee from each special district. Instead, the Department will provide ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NOS.:RULE TITLES:

73C-24.003Fee Schedule and Annual Invoicing and Data Updating

73C-24.004Updating of the Special District Database

PURPOSE AND EFFECT: This rulemaking will delete a form that is incorporated by reference, but is not authorized by statute, that is used to annually collect information and a statutorily required fee from each special district. Instead, the Department will provide annual notice for collecting the information and fee as specified in the rule.

SUMMARY: The special district annual invoicing and data updating processes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 189.017 FS.

LAW IMPLEMENTED: 189.018, 189.061, 189.064 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jack Gaskins, Housing and Community Development, Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399, [phone]; or by email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jack Gaskins, Housing and Community Development, Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399, [phone]; or by email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73C-24.003 Fee Schedule, and Annual Invoicing, and Data Updating.

(1) On or about October 1 of each year, and at least 60 days prior to the due date, the Department shall provide notice to and collect from send the Special District Fee Invoice and Update Form, DEO-SDAP-001, effective 3-1-03, revised 10-1-11 (hereby incorporated by reference and available from the Special District Accountability Program, MSC 400, 107 East Madison Street, Tallahassee, Florida 32399-6508) by regular mail to the registered agent of each special district registered with the Special District Accountability Program the information listed below. For a newly created special districts, the Department shall provide notice to and collect the information listed below from send the Special District Fee Invoice and Update Form by regular mail to the registered agent of the special district, or the appropriate contact person if a registered agent has not yet been appointed, at the time of registering the special district with the Special District Accountability Program.

(a) The registered agent or other person designated by the special district to accept due process on behalf of the special district;

(b) The website for the special district as well as the contact information, name, address, telephon number, fax number, and email address, for the person idenified in paragraph (a) above;

(c) The status of the special district as further defined by Section 189.012, Florida Statutes;

(d) The date of establishment and creation document of the special district if not already on file with the Department;

(e) The boundary map specifically identifying the special district if not already on file with the Department;

(f) A complete list of all counties in which the special district has jurisdiction;

(g) The local governing authority or governing body of the unit of local general-purpose governement;

(h) The function and/or purpose of the special district;

(i) The specific section of Florida Statute governing the function of the special district;

(j) The board selection process of the special district;

(k) The special district’s authority to issue bonds; and

(l) The revenue source of the special district.

(2) Within 60 days following reciept of the Department’s notice By the due date on the Special District Fee Invoice and Update Form, each the registered agent shall submit all of the information listed in paragraph (1)(a) of this Rule to the Department at the following address: Department of Economic Opportunity, Office of Financial Management, 107 East Madison Street, MSC 120, Tallahassee, Florida 32399. If any of the submitted information has changed since the previous year, the registered agent shall identify all make any necessary changes to the information submitted to the Department. on the form about the special district The registered agent shall and comply with the fee schedule as provided for in Section 189.018, Florida Statutes, by submitted by signing, dating, and returning the upper portion of the Special District Fee Invoice and Update Form to the Department along with the appropriate fee to the Department as follows:

(a) $150.00 from new independent and dependent special districts created between October 1 and December 31 of the fiscal year billing period.

(b) $125.00 from new independent and dependent special districts created between January 1 and March 31 of the fiscal year billing period.

(c) $100.00 from new independent and dependent special districts created between April 1 and June 30 of the fiscal year billing period.

(d) $75.00 from new independent and dependent special districts created between July 1 and September 30 of the fiscal year billing period.

(e) Zero annual fee from any independent or dependent special district that meets all of the following conditions:

1. The special district is in compliance with its Annual Financial Reporting Requirements to the Department of Financial Services;

2. The special district reported $3,000.00 or less in revenues to the Department of Financial Services on its Annual Financial Report for the most recent fiscal year in which complete annual data is available from the Department of Financial Services, or as a newly created special district, has submitted attached a current income statement verifying $3,000.00 or less in revenues for the current fiscal year;

3. The special district is not a component unit of a general purpose local government as defined in the Governmental Accounting Standards Board’s Statement No. 14, issued in June 1991, effective after December 15, 1992, as amended; and

4. The special district’s registered agent agency has successfully complied with subsections (1) and (2) of this Rule and the Department has determined that fully completed the certification section on the Special District Fee Invoice and Update Form certifying the special district meets the conditions for a zero annual fee, and has returned the Special District Fee Invoice and Update Form to the Department by the due date.

(f) $175.00 from all other independent and dependent special districts.

(3) The Department shall verify the conditions for a zero annual fee within 30 days of receiving the completed certification section on the Special District Fee Invoice and Update Form. If the Department determines that a special district did not meet all of the any conditions listed in paragraph (e) of subsection 73C-24.003(2) of this rule, F.A.C., the Department shall bill notify the registered agent of the special district, and the special district shall be responsible for immediately paying the appropriate fee when invoiced by the Department.

(4) If a special district fails to comply with the fee schedule set forth by this Rule requirements by the due date set forth on the Special District Fee Invoice and Update Form, the special district shall be subject to fining within the limits set by statute;, the total fee and fine being due within 30 days of the invoice date. The Department shall, at least 30 days prior to the due date, send any late fee invoice by regular mail to the registered agent of the special district. The Department shall use the post-marked date as a determination of whether a special district complies with the fee schedule by the due date. The Department shall report each special district in noncompliance with its fee requirements to the Office of the Comptroller for further action.

Rulemaking Authority 189.017 FS. Law Implemented 189.018, 189.064 FS. History–New 5-1-90, Amended 3-14-91, 12-3-91, 8-10-97, 3-17-99, 3-1-03, 9-26-07, Formerly 9B-50.003, Amended__________.

 

73C-24.004 Updating of the Special District Database.

The Department shall use any updated information submitted pursuant to subsection 73C-24.003(1), F.A.C., to data from each returned Special District Fee Invoice and Update Form to help ensure that its database remains up-to-date for the purpose of meeting its responsibilities associated with the Official List of Special Districts.

Rulemaking Authority 189.017 FS. Law Implemented 189.061, 189.064 FS. History–New 5-1-90, Amended 8-10-97, 3-17-99, 3-1-03, Formerly 9B-50.004, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Gaskins, Division of Community Development

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 20, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 24, 2014