Chapter 189, F.S. provides general provisions for the definition, creation, and operation of special districts under the Special District Accountability Act, while Sections 189.017 and .018, F.S., include a requirement that the department maintain ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NOS.:RULE TITLES:

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

73C-24.004Updating of the Special District Database

PURPOSE AND EFFECT: Chapter 189, F.S. provides general provisions for the definition, creation, and operation of special districts under the Special District Accountability Act, while Sections 189.017 and .018, F.S., include a requirement that the department maintain an official listing and establish a fee schedule for special districts. Currently Rule 73C-24.003 implements these requirements by listing the information special districts are to submit for data updating and setting forth the fee schedule and invoicing process. Rule 73C-24.003 is being amended to incorporate the text of Rule 73B-24.004, which advises that the department will use data submitted by special districts to maintain an updated official list of special districts. Rule 73B-24.004 will be repealed.

SUMMARY: The text from Rule 73B-24.004, which advises that the department will use submitted data to update is official list of special districts, will be moved to Rule 73B-24.003.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has previously performed a review of the statutory requirements and determined that rules 73C-24.003 and 73C-24.004, have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The movement of the text from Rule 73C-24.004 to Rule 73C-24.003 does not have any impact on this analysis. These rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

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 and 189.018, FS.

LAW IMPLEMENTED: 189.018, F.S., 189.061, F.S., 189.064, FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Assistant General Counsel, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

73C-24.003 Fee Schedule, Annual Invoicing, and Data Updating, and Upadating of the Special District

(1) On or about October 1 of each year the Department shall provide notice to and collect from 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 the registered agent of the special district, or an 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, telephone 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, F.S.;

(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 the registered agent shall submit all of the information listed in paragraphs (1)(a)-(l) 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 changes to the information submitted to the Department. The registered agent shall comply with the fee schedule as provided for in Section 189.018, F.S., by submitting 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 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 determined by the special district and its Certified Public Accountant; and,

4. The special district’s registered agent has successfully complied with subsections (1) and (2) of this rule and the Department has determined that the special district meets the conditions for a zero annual fee.

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

(3) If the Department determines that a special district did not meet all of the conditions listed in paragraph (e) of subsection (2) of this rule, the Department shall bill the registered agent of the special district, and the special district shall be responsible for immediately paying the appropriate fee when invoiced.

(4) If a special district fails to comply with the fee schedule set forth by this rule, 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.

(5) The Department shall use any updated data returned from the registered agent or appropriate contact person of each Special District to help ensure that its database remains up-to-date for the purpose of meeting its responsbilities associated with the Official List of Special Districts.

Rulemaking Authority 189.017, 189.018 FS. Law Implemented 189.018, 189.064, 189.601, 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-50.003,9B-50.004, 73C-24.004,  Amended 2-17-15, Amended ________.

 

73C-24.004 Updating of the Special District Database.

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, Repealed _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins, Office of General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/2/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/15/2016