Rulemaking is necessary to clarify and streamline the existing rule explaining annual invoicing, data collection, and the fee schedule for special districts.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: Rulemaking is necessary to clarify and streamline the existing rule explaining annual invoicing, data collection, and the fee schedule for special districts.

SUMMARY: The proposed rule amends Rule 73C-24.003, F.A.C. to provide special districts with a clearer understanding of the Department’s data collection and the statutory fee schedule.

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 reviewed the statutory requirements and determined that Rule 73C-24.003, F.A.C., has not adverse impact or associated regulatory cost that exceeds any of the criteria set forth in Section 120.541(2)(a), F.S.

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, Data Updating, and Updating of the Special District Database

(1) On or about October 1 of each year the Department shall provide notice to and collect the information listed below from the registered agent of each active special district listed registered with  on the Official List of Special Districts. Accountability Program the information listed below. For a newly created special districts, When a special district files with the Department for the first time, 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’s name (if appointed) or other person designated by the special district to accept due process on behalf of the special district;

(b) If due, Tthe official website address for the special district and the for the special district as well as the contact information, name, registered office (if one has been designated) address, telephone number, fax number, and email address, for the person idenified in paragraph (a) above;

(c) The independent or dependent status of the special district, as further defined by Section 189.012, F.S.;

(d) The date of establishment and creation document, as amended, of the special district if not previously already on filed with the Department;

(e) The boundary map, as amended, specifically identifying the special district if not already on previously filed 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 each the unit of local general-purpose governement in which the special district has jurisdiction;

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

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

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

(k) Whether Tthe special district’s has authority to issue bonds debt; and,

(l) The revenue source or sources 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: Florida Department of Economic Opportunity, Office Bureau of Budget Financial Management, 107 East Madison Street, MSC 120, Tallahassee, Florida 32399. If aAny of the submitted information that has changed since the previous year, the shall be indentified registered agent shall identify all changes to the in the information submitted to the Department.

(3) Within 60 days of the invoice date, Tthe registered agent special district shall comply with the following fee schedule by submitting payment online or to the address listed in section (2): 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 Rrequirements 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 or a special district not required to file an Annual Financial Report, 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, invoiced annually on or about October 1 and due within 60 days.

(4)(3) If the Department determines that a special district did not meet all of the conditions listed in paragraph section (3)- (e)(1)-(4) of subsection (2) of this rule, the Department shall notify bill the registered agent of the special district, and the special district shall be responsible for immediately and payment paying the appropriate fee when shall be due as originally invoiced.

(5)(4) If a special district fails to comply with the fee schedule set forth by this rule, the special district shall be subject to a fine fininging within the limits set forth in section 189.018, F.S. by statute; tThe total fee and fine is 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 of a special district’s payment 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.

(6)(5) The Department shall routinely use any update updated its database data with information received from returned from the registered agent or appropriate contact person of each Sspecial Ddistrict. 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, Amended 2-17-15, 1-31-17__________.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dane Eagle

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/23/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/2/2021