Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 20_9/11/2025 Agenda Item #20. Regular Council STAFF MEMO x Meeting: Regular Council - Sep 11 2025 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consideration of Approval to Support Local Bill for Transfer of Real Property from the Board of Trustees of the Internal Improvement Trust Fund to the Village of Tequesta The purpose of this agenda item is to request Village Council consideration and approval of support for a local bill (attached) that would authorize the transfer of approximately 41.1 acres of real property, including improvements thereon, from the Board of Trustees of the Internal Improvement Trust Fund to the Village Council of the Village of Tequesta. This transfer would secure permanent ownership of land currently leased by the Village, ensuring its continued use as a public park and greenspace while incorporating water wells that serve the community. Background/History The property in question has a long history of community use and stewardship: • In 1956, the Kiwanis Club of Jupiter-Hobe Sound, after months of investigation and communication, leased 30 acres of undeveloped land within Jonathan Dickinson State Park from the Florida State Park Board. This lease established the Kiwanis Recreation Park, intended to host a Youth Center and provide recreational opportunities. • By 1972, the Kiwanis Club faced challenges in affording the maintenance and upkeep of the property. In response, the Village held a referendum to explore taking over the lease of what had become known as Tequesta Park. The referendum passed, reflecting strong community support for Village management of the site. • In 1973, the Village began leasing the property from the state. This lease expanded the site's utility to include water wells, which have since provided essential water services to the Village of Tequesta and parts of Martin County. Over the decades, the Village has invested in and maintained the property, transforming it into a vital community asset for recreation, education, conservation, and resource protection. The leased area has grown to encompass approximately 41.1 acres, located in Martin County near the boundary with Palm Beach County, as detailed in the bill. Summary of the Local Bill The proposed local bill (attached) relates to Martin and Palm Beach Counties and provides for the conveyance of the specified 41.1 acres of real property, together with all improvements, from the Board of Trustees of the Internal Improvement Trust Fund to the Village Council of the Village of Tequesta in fee simple. Key provisions include: • Property Description: The property is owned by the State of Florida, resides in Martin County, and is maintained by the Village of Tequesta. • Use Requirements: The Village must manage and protect the property continuously as a public park and greenspace for resource-based outdoor recreation, education, conservation, and protection of natural and historical resources. Page 776 of 804 Agenda Item #20. • Ownership and Disposition: The Village is required to retain ownership in perpetuity. Any sale or disposition of the property would result in reversion of ownership, including all improvements (even those funded by the Village), back to the Board of Trustees on behalf of the state. • Conveyance Timeline: The Board of Trustees must convey the property within 60 days after the bill's effective date. • Effective Date: The act takes effect upon becoming law or on June 1, 2026, whichever occurs earlier. This transfer would eliminate the need for ongoing lease agreements, provide long-term stability for the site's management, and ensure its benefits remain with the community. Fiscal Impact There is no immediate fiscal impact to the Village associated with supporting this bill. However, securing fee simple ownership could reduce long-term administrative costs related to lease renewals and provide greater flexibility for future improvements funded by the Village. Martin County Local Bill Delegation Meeting - October 21, 2025 Palm Beach County Local Bill Delegation Meeting - November 13th, 2025 Session 2026 Dates • Regular Session begins Jan. 13, 2026 and ends March 13, 2026 • Member bill submission deadline and Appropriation Project Request Form submission deadline — Nov. 21, 2025 • Member bill final draft form deadline—Jan. 7, 2026 • Member bill filing deadline and Appropriation Project Request Form publication deadline—Jan. 9, 2025 • Interim Committee Week Schedule: o Committee Week 1: Oct. 6-10, 2025 o Committee Week 2: Oct. 13-17, 2025 o Committee Week 3: Nov. 3-7, 2025 o Committee Week 4: Nov. 17-21, 2025 o Committee Week 5: Dec. 1-5, 2025 o Committee Week 6: Dec. 8-12, 2025 This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A Page 777 of 804 Agenda Item #20. COMMENTS/EXPLANATION ON SELECTIONNA POTENTIAL MOTION - • • Staff recommends that the Village Council approve support for this local bill to facilitate the transfer of the property, ensuring its perpetual use as a community park and resource while protecting the Village's investments and water infrastructure. If approved, staff will coordinate with state legislators to advance the bill. billdraft96001 Local Bill Manual 2026 Legislative Session Page 778 of 804 Agenda Item #20. F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S BI LL ORIGINAL YEAR 1 A bill to be entitled 2 An act relating to Martin and Palm Beach Counties; 3 providing for the transfer of specified real property, 4 together with the improvements thereon, from the Board 5 of Trustees of the Internal Improvement Trust Fund to 6 the Village Council of the Village of Tequesta; 7 providing requirements for the use, ownership, and 8 sale or disposition of the real property; providing 9 for the conveyance of the real property by a specific 10 date; providing an effective date . 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1 . The Board of Trustees of the Internal 15 Improvement Trust Fund shall convey to the Village Council of 16 the Village of Tequesta, in fee simple, and for all uses as 17 permitted by law, the following described 41 . 1 acres more or 18 less of real property, together with the improvements thereon, 19 located in Martin County and more particularly described as 20 follows : 21 22 Beginning at a point on Range Line 43 East marking the 23 West boundary line of Section 19, Township 40 South, 24 Range 43 East, Martin County, where said line 25 intersects an imaginary line 50 feet North of and Page 1 of 3 96001 CODING: Words rtr0r--14tQP are deletions; words underlined are additions. V Page 779 of 804 Agenda Item #20. F L O R I D A H O U S E O F R E P R E S E N T A T I V E S BI LL ORIGINAL YEAR 26 parallel to the centerline of the County Road marking 27 the boundary line of Martin and Palm Beach Counties, 28 this as a point of beginning; thence, East along a 29 line paralleling the County Road centerline as 30 aforesaid, a distance of 848 . 25 feet; thence, North 31 along a line parallel to the aforesaid Range Line, a 32 distance of 1320 feet; thence, West along a line 33 parallel to the aforedescribed West-to-East Line, a 34 distance of 848 . 25 feet to the aforesaid Range line . 35 All of the aforedescribed parcel being located in 36 Section 19; thence, continuing West, a distance of 826 37 feet more or less to the Easterly right-of-way line of 38 Old Dixie Highway, lying East of and running parallel 39 to the Florida East Coast Railway; thence, 40 Southeasterly along the Easterly right-of-way line of 41 Old Dixie Highway to a point where said right-of-way 42 line intersects a Westerly extension of the first 43 described imaginary line parallel to the County Road; 44 thence, East along said extended line a distance of 45 191 . 75 feet more or less, to the point of beginning. 46 All of the last described parcel being located in 47 Section 24, Township 40 South, Range 42 East, Martin 48 County. 49 50 Section 2 . The Village Council of the Village of Tequesta Page 2 of 3 96001 CODING: Words rtr0r--14tQp are deletions; words underlined are additions. V Page 780 of 804 Agenda Item #20. F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S BI LL ORIGINAL YEAR 51 shall manage and protect the real property described in section 52 1, together with the improvements thereon, and use the real 53 property, together with the improvements thereon, continuously 54 as a public park and greenspace for resource-based outdoor 55 public recreation activities, resource-based education 56 activities, conservation activities, and the protection of 57 natural and historical resources located thereon. 58 Section 3. The Village of Tequesta shall retain ownership 59 of the real property described in section 1, together with the 60 improvements thereon, including all improvements funded in whole 61 or in part by the Village of Tequesta, in perpetuity. Any sale 62 or disposition of the real property described in section 1, 63 together with the improvements thereon, by the Village Council 64 of the Village of Tequesta shall result in ownership of the real 65 property, together with all improvements thereon, including all 66 improvements funded in whole or in part by the Village of 67 Tequesta, reverting to the Board of Trustees of the Internal 68 Improvement Trust Fund on behalf of the state . 69 Section 4 . The Board of Trustees of the Internal 70 Improvement Trust Fund shall convey the real property described 71 in section 1, together with the improvements thereon, to the 72 Village Council of the Village of Tequesta within 60 days after 73 the effective date of this act . 74 Section 5. This act shall take effect upon becoming a law 75 or on June 1, 2026, whichever occurs earlier . Page 3 of 3 96001 CODING: Words rtr0r--14tQP are deletions; words underlined are additions. V Page 781 of 804 Agenda Item #20. LOCAL Bn..L PREPARAUON MANUAL 2026 GisiLATrvE SESSION Pahn h minty Ise , lati a Delegation Victoria Nowlan, Executive Director f 804 Agenda Item #20. Table of Content f_ Introduction Important Facts to Know ................................................ 3 Proper Bill Form A. Format ............................................................. 4 B. Local Claims Bills ................................................. C, Preparing the Text of a Bi11 ..................................... D. Enacting Clause ..... .......................................... . 6 E. Amending Present: Law .......................................... 6 F. Effective Date ,,,,,,,,,,,,,,,,, —............................... 6 G. Local Bills Subject to Referendum ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7 H. Special Districts ................................................... 7 3. Economic Impact 'Statements Requirements ........................ 8 4, Advertising Requirements ............................................. 8 5. Deadline Dates .......... . ............................................... 6, Local Bill Certification ................................................. 10 7. Responsibilities A, Local Bill Requesting Agency's R.csponsibilities ............ 10 B. Palm Beach Co. Legislative Delegation's Responsibilities. 11 . Background Information and Format Examples A. Statutory Requirements ........................................ . 1 B. Bill Format Example ............................................. 13 C. Referendum Information ....................................... 14 B. Proof of Publication ........................... . . . . . . . . . . .. ..— 16 E. Economic impact Statement ____________________________________ 17 9. Checklist .................................................................. 21 Page 783 of 804 Agenda Item #20. 1. 1NTRODUCTION IMPORTANT FAC`TS TO KNOW (1) A local bill is any bill which relates to a specific geographical area as opposed to a general bill which affects the entire State of Florida. (2) All requests for local bills to be presented to the Florida Legislature for the current year session must be heard before the Palm Beach County Legislative Delegation at a properly advertised public hearing in Palm Beach County. (3) The Palm Beach County Legislative Delegation's fay-Laws (Section IV) pertaining to local bills state: A. LOCAL BILLS No local bill shall be introduced to the Legislature unless approved by a majority of the members of the House present and a majority of the members of the Senate present as indicated by roll call vote. R. VOTING ON LOCAL BILLS 1.. Public agencies submitting bills to the Delegation are required to submit proposed bills in proper fore prior to asking. Delegation's approval. 2., No bill will be voted on unless in proper form, 3. Economic impact statements are required on all Local bills. 4. Delegation hearings shall constitute the public hearings on local bills_ 5, Concepts for proposed legislation may be placed on the agenda for hearings at the request of at least one delegation member, (4) All questions that arise regarding your local bill can be directed to: Victoria Nowlan, Executive Director Palm Beach County Legislative Delegation Office: 561-355-2406 Cell: 561-818-8833 Email; vnowlanA.Pbe-Roy Page 784 of 804 Agenda Item #20. 1. 1 TR DU Ti (oontinue (5) All requests for consideration of your local bill must be prepared in bill form as described in detail in Section 22. (6) An Economic Impact Statement must accompany the bill. Section 3 addresses this process in detail. (7) Advertising the local bill is an integral part of the entire process and is explained in Section 4, ( ) One of the most important tasks of the local bill filing process is MEETING THE DEADLINE DATES. Section 5 addresses all responsibilities and required DEADLINE DATES in detail so that you will have ample time to meet both the Palm Beach County Legislative Delegation's and the State Legislature's deadline require,nent& Again, WE CANNOT STRESS ENOUGH THE IMPORTANCE OF MEETING ALL THE REQUIREMENTS OF SECTION 5. (9) Local Bill Certification is explained in Section 6. (10) So that them is no misunderstanding as to who is responsible for providing the required materials described in the above sections, Section 7 clearly defines the responsibilities and obligations of the party requesting the local bill and the responsibility of the Palm Beach. County Legislative Delegation. Section 9 contains a complete checklist for local bills, . PROPER BILL FORM A. FORMAT (1) Bills should be prepared on letter size paper with numbered lines in the margin on the left-hand side. (See Example -B can page 13,) (2) All bill drafts should be dated as of the date submitted to the Delegation office, (can be noted on summary). Amended or revised bill drafts should show the original bill with amendments underlined or deletions stricken. (3) All bills must be typed using double spacing and typed lines should correspond with the numbers in the left-hand margin. (4) It is very important that bills, which amend the present law, be prepared against a copy of the official current text of the law. Do not use a text or 4 Page 785 of 804 Agenda Item #20. a numbering system which differs from the version found in the Laws of Florida. Much confusion can be avoided by working only with the official text found in the Special Acts Volume of the Laws of Florida. (S) IMPORTANT NOTE: it is the Delegation Office's preference that all materials simply are stapled in the upper left-hand corner and/or submitted in a binder or jacket. The copy with.original signatures roust not be stapled and clearly delineated as original cop . (6) All bills shall include, in layman's language, a fact sheet which summarizes the hill and a letter of intent which sunamarizes the reason for filing the bill and the intended purpose of the bill. Also explain why the bill cannot be accomplished without a local bill, B. CLAIMS BILL A claims bill is a bill which seeks compensation for a person injured (physically or financially) by the State, its sub-divisions, or agencies, officers, or employees thereof, under circumstances where there is no other legal remedy available. Historically, the State was absolutely uainiune from liability, and, therefore, the objective of a claim bill was to satisfy the "moral obligation of the state..,`" If the "claims bill" is a local bill, it must be advertised the same as another special law, unless it is made subject to a referendum_ Claims bills are usually filed by a member of the. House and a member of the Senate with the same procedure as general bill,and are not considered by the Legislative Delegation. C. PREPARING THE TEXT OF THE BILL (1) One Subject Section 6 of article 111 of the Florida Constitution provides that: "Every Ian, shall embrace but ONE .subject and matter properly connected therewith,— " The subject to be considered is the one expressed in the title of the..Act,and the"ONE. subject" may be quite broad. So long as the bill embraces a simple subject, it may amend any number of sections or even different chapters. (2) Titles Section 6 of Article III of Florida Constitution provides that: "Every law .shall embrace but one subject and matter properly connected thereivith, and the,subject be brie �ly expressed in the title, " Page 786 of 804 Agenda Item #20. The title is the portion of the bill which serves the purpose of expressing the subject of the bill and is essential to the validity of the law to be enacted. It should briefly express; the subject of the proposed legislation so that the mere reading of it will indicate the nature of the details which are embodied in the act. A general title is preferable, but the title ::lust give notice sufficient to reasonably explain the contents of the bill, D. ENACTING CLAUSE Section 6 of Article III of the Florida Constitution provides in part: "The enacting clause of every law shall read; 'Be it enacted by the Legislature of the State of Florida.• "' The prescribed enacting clause is a prime essential to the validity of the law. In typing bill, legislative rule require; A blank numbered line be left above and Mow the enacting clause. (See example on page 13) E. AMENDING PRESENT LA Section 6 of Article: III of the Florida Constitution provides in part that: "Laws to revise or amend shall set out in ,full the revised or amended act, section., subsection. or paragraph c�,f a subsection. " This requirement app]1es only to amendatory acts,not to bills which seek to establish new programs or additional provisions without reference to the present law, When an amendment is made to present text, the entire text of the portion being amended must N set forth_ If the amendment is to paragraph or subsection that does not inake sense standing alone, the remainder of the subsection or section should be set forth in the bill. In addition, introductory language which preceded a group of subsections or paragraphs should be shown whenever any of the subsections or paragraphs which follow are arnended. Amendment of the introductory material itself nearly always requires that the following subdivisions be set forth, even though none of them is being amended. If the amendatory enactment is not a complete, coherent and intelligible act, or if necessitates separate research and analysis of the local act which is being amended in order to be understood, it does not meet the requirements of Section 6 of Artic-1c 111. F. EFFET'IVE DATE Section 4 of Article III of the Florida Constitution provides that: "Each lave}shall take effect on the sixtieth day af7er adjournment sane die of the session of the legislature in which enacted or as othemise provided therein- If the law is passed over the veto (?file governor it 0 Page 787 of 804 Agenda Item #20. shah' take effect on the sixtieth day after adjournment shoe die of the session in which the veto is overridden, on a later rdate.fixed in the law, or on a datefi.xerd hy a resolution passed by both houses of the legislature. " Although an effective date section is not necessary to a properly prepared bill,it has I,,•,:ome customary over the years to include an effective date in almost every bill. G. LOCAL BILLS SUBJECT TO REFERENDUM When local bills are subject to a referendum, (requirements explained in Example 8-C on pages 14-15) the bill does not end with the custurna y effective date. Instead, it has a section which specifically calls for a referendum basing the effectiveness of the act on the outcome of the election. There is no specific form for a referendum section, but it should provide a statement: (1) Specify the act is to take effect only upon its approval by vote of the qualified electors in the area affected by the law... (2) Describe when and by whom the referendum must Ire held, and whether it will be held in conjunction with a special election, primary election, or general electi011. (3) Provide that the referendum section itself takes effect upon becoming law. (4) That the approval of a majority of these voting in the election shall be required for the adoption of the act. Additionalty, the type of ballot should be noted (i.e_ an actual vote or mail ballot)_ Avoid using the phrase ``approval by a majority of the qualified electors of the country." Properly construed, such language would require approval by moire than 50/o of the total nurnbe�r of registered voters rather than by more than 50% of those who choose to vote. (Examples l & 2 on page 15 is provided to assist you.) H. SPECIAL DISTRICTS A. Dependent Special Districts - A dependent special district is a district that is generally, either through its governing body or its budget, controlled by the city or county which creates it. S_ Independent Special Districts — An independent special district is one wlil 1, has an independent governing beery and control over its own budget. Generally, these districts can be structured in almost any manner provided by the local bill which created them. However, in 1989,Chapter 7 Page 788 of 804 Agenda Item #20. 19, Florida Statutes was amended to provide strict criteria for the creation of most special districts. With certain exceptions, all independent special districts must adhere to the criteria contained in Chapter 189, Florida Statutes or some other authority by general lave, 3. ECONOMIC IMPACT STATEMENT RE Before its repeal in 1996, section 11,075, Florida Statutes, required that the Legislature consider the economic impact that any law has upon the public and agencies of government that implement or enforce the law. Current legislative poll-cy require;, that economic impact statements for local bills are prepared at the local level,and be submitted when the bill is filed with the Legislature, The House Local Administration, Federal Affairs & Special Districts Subcommittee has developed a form (see examples can pages 17- 0) which must 1ae filled out and signed. An original, signed cope must be submitted to the Delegation office. 4. ADVERTISING RE UIREIIfIENTS All Local Bills must be advertised in advance unless they are subject to a vote of the electorate in a referendum, Section 10 of Article III of the Florida Constitution provides, "Special Laivs. — No sNcial law shard he passed unless notice qf inrerition to seek enactment theregfhas heen published in the manner provided by general law. Such notice shall not be necessary when the law, except the provision for referendum, is conditioned to become affective candy upon approval by vote ofthe electors of the area affected. 1P The law which relates to the manner in which such notice is to be published is found in ss.11 A , 11,03 and I I G4, Florida Statutes, (see pages 12-13.) In i notice of legislation, it is common practice to use the title of the proposed legislation to '`state the substance of the contemplated lave." (Example on page 16 illustrates a "Notice of Legislation.") Page 789 of 804 Agenda Item #20. It is the responsibility of the requesting party or organization to advertise all local bills. The delegation office WILL NOT be responsible for the advertising of local bills. Section 1 1.0 , Florida Statutes, requires publication one time at least 30 days before introduction of the bill into the Legislature. The publication is physically attached to the original copy of the bill when submitted to the Legislature for filing. PLEASE NOTE: A local bill will not be accepted for filing unless it is accompanied by an affidavit which offers, proof that the required publication of notice has been made. (See page 16.) There is a common misconception that the published notice is sufficient so long as it conforms to the hill as introduced. In reality, the notice must conform to the substance of the bill as it is ultimately enacted. . DEADLINE DATES This,perhaps, is the most important section of this manaaL It cannot be stressed enough that the dates 11wed below must 8e met and there car he no exteptions. Therefore,please help Us to help you by njeeting the dates well in advance of their requirementr- A. LOCAL BILL DEADLINE - FRIDAY, OC.TORFR 10, 202S, AT NOON Fifteen (15)copies of your local bill in final form, collated in the following order: Letter of Intention; Summary Fact, Sheet; Local Bill Draft; Economic Impact Statement; Support Documentation from local governing boards and/or municipalities; and for bills related to annexation - Verification of the Legal Description and a map showing the area as it relates to the surrounding area (see Section 9 —Checklist for Local 13111s.) *We also require an electronic version of your draft bill, in Word format. Please entail the draft bill and any supporting documentation to Victoria Nowlan at vnowlan(i pbc.gov You may either mail or hand-deliver the 15 copies, including the original, to: Victoria Nowlan, Executive Director Palm Beach County Legislative Delegation 301 North [dive Avenue, Suite 701, West Palm Reach, FL. 33401 B. A E DAIED BY THE CHAIR OF THE DELEGATION You will be scheduled to present the local bill request,before the Palm Beach County Legislative Delegation at their THURSDAY, NOVEMBER 13, 2025, AT THE ELS S� Page 790 of 804 Agenda Item #20. CENTER OF EXCELLENCE, 18370 LIMESTONE CREED ROAD, JUPITER, FL, 33458 public hearing. Notice to you will be provided by the Delegation Office. C. ADVERTISED AT LEAST THIRTY (30) DAYS PRIOR TO INTRODUCTION OF THE BILL IN THE FLORIDA LEGISLATURE — BY FRIDAY DECEMBER 19, 2025. The agency, organization or individual requesting a local bill must advertise the Notice of Proposed Legislation in the local newspapers. (This is required at least 30 days before introduction of the bill into the legislature. See Example 8-D on page 16.) D. THE FLORIDA LEGISLATIVE SESSION — JANU ARY 13, 202 — MARCH 0, 202 The Delegation will track all local bills in the Florida Legislature from introduction to final passage, 6. LOCAL BILL CERTIFICATION Legislative policy requires that before a local bill can be heard, three things mint occur, (1) The Delegation must certify that the bill's purpose cannot be accomplished at the local level; (2) A public hearing must be held in the area affected; and (3) At the hearing, the bill must be approved by the Delegation. The House Intergovernmental Affairs Subcommittee has developed a local bill certification form which will be used to satisfy this requirement. This form will be completed by the Delegation office and signed by the Delegation Chair. 7.. RESPONSIMMES The responsibilities listed below clearly define the requesting agency's obligations .and the Palm Beach County Legislative Delegation's obligations for the smcx)th passage of the local bill, A_ LOCAL BILL REQUESTING AGENCY'S RESPONSIBILITIES 10 Page 791 of 804 Agenda Item #20. (l) Prepare a letter of intent, addressed to the Delegation Chair, in layperson's language, certifying that the bill's purpose cannot be accomplished at the local level, why it is necessary to file this bill, and what you intend the bill to accomplish. It is the requesting agency's responsibility to procure a House sponsor for this legislation prior to the local gill hearing. It will be necessary for a representative of your agency to present yotir bill to the Palm Beach County Legislative Delegation. Please include the name and telephone number of the presenter in your letter of intent. (2) Prepare the summary fact sheet in layperson's language. (3) Prepare the bill in the form outlined in Section 2-A. (4) Prepare an Economic Impact Statement and place it immediately behind the local bill form. (5) Attach all maps and legal desetiption with certified verifications (where applicable)- (6) Mail (by certified mail) or hand-deliver FIFTEEN (15) COPIES and one electronic WordO version of your local bill packet to the Delegation office well in advance of the deadline date. (7) Publish Notice of Legislation in local newspapers if final vote is affirmative, 1�. LEGISLATIVE DELEGATION'S RESPONSIBILITIES (1) Set public hearing schedules and notice all Palm Beach County Governments, Agencies, Special Districts, and Interested Parties and notify public. (2) Hear local bill proposals and vote can proposals. (3) Track the bill to its final passage during the Legislative Session.. (4) Notify local requesting agency when their bill has passed. 11 Page 792 of 804 Agenda Item #20. 8. BACKGROUND El-TMRMAT O N AND FORMAT EXAMPLES A. STAETUTORV REQUIREMENTS TS 11.02 Notice of special or focal legislation or certain relief acts.--The notice required to obtain special or local legislation or any relief act specified in s. 11.065 shall be by publishing the identical notice in each county involved in some newspaper as defined in chapter 50 published in or circulated throughout i11e t~ount or cc>untie where the 117 atter or thing to. be affected by such legislation shall be Situated one time at lust 30 clays before introduction of the proposed law into the Legislature or, there being no newspaper circulated throughout or published in the county, by posting for at least 30 days at not less than three public places in the county or each of the counties, one of which places shall be at the courthouse in the county or counties where the matter or thing to be affected by such legislation shall be situated. Notice of special or local legislation shall state the substance of the contemplated laver, as required by s. 10, .art, 111 o Nhe State Constitution, Notice of any relief act speci fied in s, 1 1.065 s-hall state the name of the claimant, the nature of the injury or lass for which the claim is 1-riad, and the amount of the claim against the affected municipality's revenue-sharing trust fiend, History.--s_ I,ch 3?09, 1997,RS 66;GS 67, PC39 79;CGL 94;s. I,ch_ 13791, 1929;s_2,ch-69-52,S. 5,ch_69-216;s. I,ch_78-102;s_ 1,eh.79-307,s.2,th. 96-318. 11.021 Evidence of publication of notice.--The evidence that such notice has been published shall be established in the Legislature before such bill shall be passed, and such evidence shall be filed or preserved with the bill in the Department of State in such manner as the Legislature shall provide. i°iKtary.--Forster s. 21,Art t11 of the Constdution of 1885,as amended; converted to statutory law by s. 10,Ant. xTI of the Constitution as revised in 1968,ss. 10,35,eh.69-106;s.3,ch. 96-318. 111.03 proof of publication of notice.-- (]) Affidavit of proof of publication of such notice of intention to apply therefore may be made, in substantially the following general form, but such form shall not be exclusive: ------------------------------------------------------------------------------------------------------------------- STATE OF F1-OR(DA CO 1-Y OF Before the undersigned authority personally appeared , who on oath does.solemnly swear or aFfirrn) that she or he has knowledge of the matters stated herein;that a notice stating the substance of a contemplated law or proposed bill relating to has been published at least all days prior to this date,by being prinked in the issues of (here state day month and +3rear of issue or issues) of the , a newspeper or newspape_rs published in County or Counties,Florida(or)there being no newspaper,by Ding posted for at least 30 days prior to this date at three public places in County or Counties,one of which places was at the courthouse of said county or counties,,where the muter or thing to be affected by the co memplared law is situated; that a copy of the notice that has been published as aforesaid and also this affida%rit of proof of publication are attached to the proposed bill or contemplated law, and such copy of the notice so attached is by reference made a part of this affidaAt. Sworn to(or affirmed)and subscribed before me this day of . year by(name of per-son making statement)_ 1 Page 793 of 804 Agenda Item #20. (Signature of Notary Public -Stag of Florida) (Prim,TyDe,or Sta=Commissioned Name of Notary Public) Personally Known OR Produced Identification T)Te of ldentiFication ]'mduced -------------------------------------------------------------------------------------------------------------------- (2) Such affidavit of proof of publication shall be attached to the contemplated lava when it i introduced into the Legislature. A true copy of the notice published or posted shall also be attached to the bill when introduced, but it shall not be necessary to enter said published or posted notice, or proof thereof, in the journals. The fact that such notice was established in the Legislature shall in every case be recited.upon the journals of the Senate and of the House of Representatives, and the notice published and afYidavit of publication thereof shall accompany the bill throughout the Legislature and be preserved as a part thereof in the Department of State. History.--&2,ch_37N, 1897; RS 67; G5 68;RGS 79;COL 95, s. 1, ch- 13791, 1929;s. 1,ch.21635, 1943;ss_ 14,35,ch_69-IID6;s. G, ch.95-147,s. 11,ch.98-246. 8. E. BILL FORMAT EXAMPLE 1 An act relating to the City of West Palm Beach, Palm Beach County, relating to the West Palm Beach 3 Firefighters Pen,Ion Fund; amending section 17 of 4 chapter 2498 1, Laws of Florida, 1947, as amended; 5 amending the definition of final average salary, 6 amending the sources of revenue amending the 7 service pensions: amending the normal retirement benefit; amending the share account benefit; adding a 9 BackDR P benefit; amending the beneficiary 10 benefits; repealing all laws in conflict herewith; ] l providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: l Page 794 of 804 Agenda Item #20. ii 15 Section 1. Sub-paragraph 7 of paragraph (a) of subsection (1) of 16 section 17 of chapter 24981, as amended, is amended to read as follows: 17 (1) Creation of fund.--There is hereby created a special fund for the Fire is Department of the City of West Palm Beach to be known as the Vest Palm 19 Beach Firefighters Pension Fund_ All assets of every description held in the 20 name of the West Palm Beach Firemen's Relief and Pension Fund and in 21 the name of the West Palm Beach Firefighters Pension Fund have been 22 and shall continue to be combined. 8. C. REFERENDUM INFORMATION EXCERPT FROM"LOCAL BILLISPECiAL ACT PROCESS" by the House Subcommittee on 1.4ical Administration,Federal Affairs& Special Districts R fferendu r hi Lieu of 2Voti e Linder s. 10. Art.III of the State Constitution, the effectiveness of qLiy Local bill not properly advertised in advance must be conditioned upon approval of the affected voters. In such bills, the customary effective date is replaced with a section that calls for a referendum and conditions the fate of the act on the outcome of the election. While referendum approval is not required for rriost local bills, in the case of politically sensitive bills (such as bills that create cities), legislators often let the affected voters decide and place a referendums requirement in a local bill as matter of policy. Afcrrrdafort,Re e�readnm This issue causes confusion to those not having a clear understanding of the difference between the requirements regarding noticing the local bill and a provision in a local bill which requires voter approval. Some ]local bills include provisions that can only be implemented upon approval by the affected voters. This type of bill must include a referendum provision for that p art]cuIar prevision to be effective. (This type of referendum does NOT often take the place of a referendum held in lieu of advance notice). A referendum must be held whenever a local bill- C. Creates or increases certain ad valorem taking power; l � Page 795 of 804 Agenda Item #20. r), Fi-o isles for issuance of certain bonds; L.. Establishes, amends, or repeals acounty charter, F. Consolidates city and county government; G. Provides for the manner of choosing or transfer of duties of county offices; H. Comhines school districts, or I, Provides for an appointed (rather than elected) school superintendent. For example, a local bill amending the Hillsborough County charter was advertised 30 days prior to introduction into the 187 Legislature. The local bill, however, contained a requirement that the voters approve this change to the Count 's charter. 1n this case, the kill met the requirement for notice an the requirement of voter approval. (See Chapter 87- 80, Laws of Florida, which failed at referendum). Example 1 Section 12. This act shall take effect only upon its approval by a majority vote of those qualified electors of Palm Beach County voting in. a referendum to be held by Board of County Commissioners of Palm Beach County in conjunction with election of , in accordance with the provisions of law relating to elections currently in force in Palm Beach County, except that this section shall take effect upon becoming law. Example##2: Section 2. This act shall take effect only upon its approval by a majority vote of those qualified electors of Palm Beach County voting in a referendum to be held by the Board of County Commissioners of Palm beach County, in accordance with the provisions of law relating to elections currently in force in Palm Beach County, except that this section shall take effect upon becoming lave. 15 Page 796 of 804 Agenda Item #20. 8. I}. PROOF T 1 I E. PA LM BEACH POST OF PUBLICATION - t'Xrt[ ple Pu1:'.•Ired Daily and Sunclay West Palm Beach,Palm Beach County',Florida PROOF OF PUBLICATION WfHONI lS rt�b,IS VIA �n"y NGE R N.: p NON i STATE OF FL ORIDA f1. q'h Rm it m wane nt�,{� 9t S intent COUNTY OF PALM BEACH �F1on � 5 eianfc, ns a to anelatie W to Lac fo re the undersigncd authority personally appeared Tracey D iglu,who on oath says that she is o mrtd��ista3 r Tele hone Sales Supervisor of The Palm Beach Post, a daily and Sunday news a er ubLshcd my 1$hdi P P } ] P p l# ' Less r ; 3:t West Palm Beach in Palm Beach Conn Florida, that the attached.co of advertising, being -mentlin a disk s°Via_ �_ ��� � � "� Ong min the matter I.otal.I.c slat3®n was published in said newspaper in the issues of ' p'" ` December 12, 2003. Affiant further says that the said The Post is a newspaper published at West aSt n rP��4�tr°, t I,.tq Palm Beach,in said Palm Beach Coup Florida,and thaE the said newspaper has heretofore been � ' aria ng hat uEs%.e . a continuouslypublished in said balm Beach County, aily and Sunday and has been �rmeas � �� p �'} Florida,t n � Cna�r� entered as second class mail matter at the post office in West balm Beach, in said Palm Beach an°d`a�uUrntgg re ronnc to tl7e[ orajges5mnts; County,Florida, for a period of one year next preceding the first publication of the attached copy ro,IdI apr�atad rO ror boy @drr W �ot rows do trke of adverdscrnent;and affiant further says that she/hcr has neither paid nor promised any person, istur ; n i ne nnrlGry 4t . .0 It Or firm or corporation any discount rebate,commission or refund for the purpose of securing this rains eryshern ndg"0 VANTrr +xos3, s advertisement for-publication in the said newspaper. raridi Qu roc riU err 7atsarli ILI'44t� "jp4Lnae9nq wer prcividirbg Ihet impel 5 1519Ya1 �Ye�d limi Sworn to and subscribers before this 121,day of['December,A_D_2003 r4 b mobo d' s Ilyd 4s5. o srpec+al Pcrsonallu known t or Produced Identification P.Lod to roads r�an ns p1 may he usi for disInct im�rrouemanCs;and ro+n 5rg a 6tilIltG�3hon on the Type of Identification Produced �!hs Ctusel' fold.nTa-t la awiaaw0" nand hive Loxahatchee Groves ater control uismd P.D.Box 407 FL 3347,D CC InW.14 o *,y.l°l"c7 -kzfQ.'Tic. a 10 Page 797 of 804 Agenda Item #20. HOUSE OF REPRESENTATIVES LOCAL BILL ECONOMIC IMPACT STATEMENT FORM 'Read all instructions carefully,' House local bill policy requires that no local bill will be considered by a committee or a subcommittee without an Economic impact Statement. This form must be prepared at the LOCAL LEVEL by an individual who is qualified to establish fiscal data and imgracts, and has personal knowledge of the information given (for example, a chief financial officer of a particular local uovernment). Please submit this completed, original form to the Local Government Affairs Subcommittee as soon as possible after a hill is filed. Additional pages may be attached as necessary. BILL SPONSSOR(S): RELATING TO: [Indicate Area Affected{City,County or Special Disirict}and Subject] I. REVENUES: These figures are new revenues that would not exist but for the passage of the bill. The term "revenue" contemplates, but is not limited to, taxes, fees and special assessments. For example, license plate fees may be a revenue source. If the bill will add or remove property or individuals from the tax base, include this information as well- First FY Second F Revenue decrease due to bill: Revenue increase due to bill: II. COST: Include all costs, both direct and indirect, including start-up costs. If the bill repeals the existence of a certain entity, state the related costs, such as satisfying liabilities and distributing assets. Expenditures for Implementation, Administration and Enforcement: First FY Second PY 17 Page 798 of 804 Agenda Item #20. Please include explanations and calculations regarding how each dollar figure was determined in reaching total cost. III. FUNDING SOURCE(S): State the specific sources from which funding will be received, for example„ license plate fees, state funds borrowed funds or special assessments. If certain funding changes are anticipated to occur beyond the following two fiscal gears, explain the change and at what rate taxes, fees or assessments will be collected in those years. First FY Second FY Locals State: $ Federal: $ $ Ill. ECONOMIC IMPACT: Potential Advantages: Includo a1I possible outcomes linked to the bill„ such as increased efficiencies, and positive or negative changes to tax revenue_ If an act is being repealed or an entity dissolved„ include the increased or decreased efficiencies caused thereby. Include specific figures for anticipated job growth. 1. Advantages to Individuals. 2. Advantages to Businesses; 3. Advantages to Government' . l Page 799 of 804 Agenda Item #20. Potential Disadvantages- Include all possible outcomes linked to the bill, such as inefficiencies, shortages, or market changes anticipated_ Include reduced business opportunities, such as reduced access to capital or training. State any decreases in tax revenue as a result of the bill. 1. Disadvantages to Individuals: 2, Disadvantages to Businesses: . Disadvantages to Government: - - V. DESCRIBE THE POTENTIAL IMPACT OF THE HILL ON PRESENT GOVERNMENTAL SERVICES: VI. SPECIFIC DATA USED IN REACHING ESTIMATES: Include the type(s) and source(s) of data used, percentages, dollar figures, all assumptions made, history of the industry/issue affected by the bill, and any audits_ 14) Page 800 of 804 Agenda Item #20. - - - - - - - - - - - - - - - - - - - - - - - - - VI1. CERTIFICATION BY PREPARER I hereby certify I am qualified to establish fiscal data and impacts and have personal knowledge of the information given. I have reviewed all available financial information applicable to the substance of the above-stated local bill and confirm the foregoing Economic Impact Statement is a true and accurate estimate of the economic impact of the bill, PREPARED BY: [Must be signed by Preparer] Print preparer's name: Date TITLE (such as Executive Director, Actuary, Chief Accountant, or Budget Director): REPRESENTING: PHONE: E-MAIL ADDRESS_ �1 Page 801 of 804 Agenda Item #20. . CHECKLIST FOR LOCAL BILLS Rentinder. the deadline firr submitting your local bill to the Delegation Offlee is: Monday, December 9, 2024 at Noon Check for these documents, collated in the following order, before delivering your local bill, El 1. Letter of Intention, or Support Documentation from Local Governing Boards and Municipalities o 2. Summary Fact Sleet © 3. Local Bill in draft farm U 4. Economic Impact Statement C 5. 15 copies of the above (including ORIGINAL) o b. Local Bill packet, submitted in Word electronic format by e-mail Please make sure that at, least one set of the above documents contains original signatures, as required by the House Local Administration, Federal Affairs & Special Districts. Page 802 of 804 Agenda Item #20. PALM BEACH COUNTY LEGISLATIVE DELEGATION SETA. GAYLE HARRELL CHIT R1-'Y. J L CASIELLO IL-CHAIN. 301 N. 01.IVF AVFNUF, SUITF 701.E WEST PALM BEACH, FL 33401 OFFICE: 5+ 1-355- 4-0 FAX: 5 1-3. 5- 3 3 www.PaImBeachDelegation.com VIC-TORIA NOWLAN, EXECUTIVE DIRECTOR Page 803 of 804 Agenda Item #20. vno lan&k Page 804 of 804