Florida Florida Statutes

§ 189.074 — Voluntary merger of independent special districts

FS § 189.074Ch. 189

Statute text

Two or more contiguous independent special districts created by special act which have similar functions and elected governing bodies may elect to merge into a single independent district through the act of merging the component independent special districts.(1) INITIATION.—Merger proceedings may commence by:(a) A joint resolution of the governing bodies of each independent special district which endorses a proposed joint merger plan; or

(b)A qualified elector initiative.

(2)JOINT MERGER PLAN BY RESOLUTION.—The governing bodies of two or more contiguous independent special districts may, by joint resolution, endorse a proposed joint merger plan to commence proceedings to merge the districts pursuant to this section.(a) The proposed joint merger plan must specify:1. The name of each component independent special district to be merged; 2. The name of the proposed merged independent district; 3. The rights, duties, and obligations of the proposed merged independent district; 4. The territorial boundaries of the proposed merged independent district; 5. The governmental organization of the proposed merged independent district insofar as it concerns elected and appointed officials and public employees, along with a transitional plan and schedule for elections and appointments of officials; 6. A fiscal estimate of the potential cost or savings as a result of the merger; 7. Each component independent special district's assets, including, but not limited to, real and personal property, and the current value thereof; 8. Each component independent special district's liabilities and indebtedness, bonded and otherwise, and the current value thereof; 9. Terms for the assumption and disposition of existing assets, liabilities, and indebtedness of each component independent special district jointly, separately, or in defined proportions; 10. Terms for the common administration and uniform enforcement of existing laws within the proposed merged independent district; 11. The times and places for public hearings on the proposed joint merger plan; 12. The times and places for a referendum in each component independent special district on the proposed joint merger plan, along with the referendum language to be presented for approval; and 13. The effective date of the proposed merger.

(b)The resolution endorsing the proposed joint merger plan must be approved by a majority vote of the governing bodies of each component independent special district and adopted at least 60 business days before any general or special election on the proposed joint merger plan.

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Legislative history

s. 1, ch. 2012-16; s. 21, ch. 2014-22; s. 12, ch. 20