CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1995 WL 390127
...Therefore, we hold the lease and financial support agreement here invalid and the trial court's order is reversed. The additional issues raised concerning review of a separate order in this consolidated appeal are now moot. DELL and POLEN, JJ., concur. NOTES [1] The district also argues that section 165.051, Florida Statutes, provides that the charter of an existing special district may only be revoked or dissolved by special act of the legislature....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...Waterhouse: This is in response to your request for an opinion on substantially the following questions: 1. DOES A WATER CONTROL DISTRICT CREATED PURSUANT TO CH. 298 , F.S., HAVE THE AUTHORITY TO DISSOLVE SAID DISTRICT IN ACCORDANCE WITH THE DISSOLUTION PROCEDURE IN s 165.051 (1)(b) OF THE FORMATION OF LOCAL GOVERNMENTS ACT, CH. 165 , F.S.? 2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE AFFIRMATIVE, PLEASE CLARIFY THE PROVISIONS OF s 165.051 (2), F.S., RELATING TO THE SPECIAL ELECTION PROCEDURE AND TIME INTERVAL....
...165 , F.S., for forming or dissolving special districts. See also , s
165.061 (4), F.S., which sets out certain conditions to dissolution of a special district. Provided that the mandatory conditions prescribed in s
165.061 (4), F.S., are satisfied, your first question is answered in the affirmative. Section
165.051 (1), F.S., in pertinent part, provides that the charter of any existing special district may be revoked and the special district dissolved by either a special act of the Legislature or an ordinance of the governing body of the special district approved by a vote of qualified voters. Thus, s
165.051 (1), supra , provides alternative means for dissolution of the special district at issue herein....
...The special district presently at issue may be dissolved by an ordinance of the governing body of said special district which must be approved by the qualified voters, providing that the dissolution meets the conditions set forth in s
165.061 (4), F.S. Subsection (2) of s
165.051 , F.S., sets forth the procedural aspects regarding voter approval that must be utilized if the special district is to be dissolved by ordinance of the governing body of the special district. It is also this subsection that you seek to have clarified. In clarification of the provisions of s
165.051 (2), F.S., I will paraphrase the text of said statutory provision as construed and interpreted by this office in light of the form in which it was originally enacted and punctuated by Ch. 74-192, Laws of Florida. Section
165.051 (2), F.S., provides that if a vote of the qualified voters is required ( i.e ., when dissolution of the special district is sought to be accomplished by ordinance pursuant to s
165.051 [1][b], F.S.), the governing body of the special district shall set the date of the election which shall be the next regularly scheduled election, or a special election held prior to the next regularly scheduled election if approved by a majo...
...298 , F.S., constitutes a special district within the definitional purview of s
165.031 (5), F.S., and therefore its governing body has the authority to dissolve said district by ordinance, approved by a vote of the district's qualified voters, in accordance with the dissolution procedures of $
165.051(1)(b) and (2), F.S. Pursuant to s
165.051 (1), F.S., dissolution of a water control district may be accomplished by either special act of the Legislature or ordinance of the governing body of the district approved by the qualified voters....
