Weissert - Hidden in Plain Sight

Hidden in Plain Sight: Florida’s Special Districts Executive Summary

Introduction

  • This document is an executive summary regarding special districts and community development districts (CDDs) in Florida.

  • Research conducted by the LeRoy Collins Institute, authored by Dr. Carol S. Weissert, Director, with contributions from consultants Sarah Ayers, Dr. Robert Eger, and Dr. Joe Vonasek.

  • Data pertains to fiscal year 2011-12.

Background

  • Florida’s independent special districts exist somewhat out of the public eye (termed the 'shadow world').

  • Key reforms in the 1980s aimed to increase disclosure and accountability, establishing authority based on general law for independent and dependent districts.

  • Despite reforms, issues of obscurity remain.

  • Independent districts serve specialized purposes (e.g., mosquito abatement, children's welfare) and operate in designated areas.

Governance of Special Districts

  • Election of Officials: Some district officials are elected (often at the end of ballots), while others are not.

  • Citizens tend to overlook special districts until relevant statements or elections prompt their attention.

  • Special districts play a crucial role in providing services; residents can petition to form new districts for desired services.

Key Functions and Accountability
  • Operational Management: Boards of special districts hire staff to manage operations.

  • Funding Mechanisms: Common mechanisms include property taxes, bond issuance, assessments, service charges, and fees.

  • Accountability Issues: Concern arises over whether property owners hold districts accountable for imposed costs.

Financial Viability Concerns

  • Many special districts are linked to residential developments, which were particularly impacted by the recent economic downturn, leading to financial distress.

  • Over one-third of CDDs are identified as being in some form of financial distress, raising concerns for local governments and citizens.

Reforms and Legislative Framework

  • Historical context: Reforms initiated in the 1980s aimed to curb unnecessary fragmentation and duplication in local governance.

  • General Laws and Establishment: Establishing districts can result in redundancy, questioning the efficacy of current legislative policies.

  • Summary of reports conducted by the Collins Institute:

    • “Piecing Together the Governing Puzzle” analyzes the formation, operation, and finances of Florida’s special districts.

    • “Florida CDDs: Financial and Accountability Issues” focuses on CDDs specifically.

Findings and Observations

  • Despite reforms, confusion persists due to contradictory laws and processes governing district establishment.

  • Board Composition: Varies in terms of appointment methods and the number of seats; voting methods differ (one person/one vote vs. landowner voting).

  • Revenue Sources: Majority of independent districts issue bonds (85%); only 14% rely on ad valorem taxes.

  • Growth Trends: CDDs were rapidly established until 2008 when the housing market crisis significantly slowed growth.

    • Annual new establishment peaked from 2004-2007 with 77 new CDDs, dropping to 25 in 2008 and then to single digits.

Historical Context and Growth of Special Districts

  • As of 2012, Florida had 1,007 independent special districts providing a broad range of services, with CDDs being the most common (579 established).

  • Special districts also involve fire control, water management, healthcare, and various services to meet community needs.

Governance and Creation Process
  • Various statutes govern special districts:

    • Chapter 187: Establishes state policy for districts; wants to maintain standards and prevent over-proliferation.

    • Chapter 189: Requires financial reporting, defines creation procedures, and establishes criteria for management.

    • Chapter 190: Addresses community development districts specifically with rules for management, elections, and financial assessments.

Challenges and Conclusion

  • Oversight: Shared among multiple state agencies; financial definitions often ambiguous.

  • Financial Performance: Financial viability varies — significant struggles observed post-2007:

    • CDDs demonstrate dropping cash reserves and balance sheet insolvency for at least 50% during studied years.

    • Fire districts show greater stability compared to CDDs.

  • Future Implications: Need for increased clarity in laws governing special districts is acknowledged; they remain vital entities in providing essential governmental services.

Need for Reform
  • Special districts, though critical, often lack clear definitions and oversight.

  • Further study and recommendations are warranted to enhance accountability and ensure effective delivery of services.