Jack Gaskins, Financial Specialist, Special District, DCA
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Jack Gaskins, Financial Specialist, Special District, DCA Presentation Transcript

  • 1. Community Redevelopment Agency Reporting From a Dependent Special District Perspective Jack Gaskins Jr. Department of Community Affairs Special District Information Program
  • 2. Presentation’s Topics
    • Special Districts
    • State Policy
    • Basic Reporting Requirements
      • Failure to Comply
        • Technical Assistance
        • Enforcement
  • 3. Department of Community Affairs Special District Information Program
    • Administers Uniform Special District Accountability Act of 1989 (Chapter 189, Florida Statutes )
    • Is a state special district clearinghouse
      • Official List of Special Districts Online
    • Provides technical assistance
      • Florida Special District Handbook Online
    • Sponsors Training Opportunities
      • Florida Association of Special Districts Annual Conference
      • Certified District Manager Program
    • Enforces Compliance with reporting requirements when necessary
  • 4. Special Districts - Definitions
    • A special district is a unit of local special-purpose government (e.g., specialized governmental functions, governing board with policy-making powers),
      • Created by general law, special act, local ordinance, or by rule of the Governor and Cabinet,
      • Operating within a limited geographical area.
  • 5. Special Districts - Definitions
    • A special district is not a:
      • County or Municipality
      • School District or Community College
      • Municipal Service Taxing or Benefit Unit
      • Board providing electrical service that is a political subdivision of a municipality or part of a municipality
  • 6. Special Districts - Definitions
    • CRAs are special districts because they:
      • Are established by local ordinance pursuant to Florida Statute;
      • Have special governmental purposes implemented by specialized functions and related prescribed powers;
      • Have a governing board with policy-making powers
      • Operate within a limited geographical area.
  • 7. Special Districts - Definitions
    • Status – For financial reporting and other purposes, special districts are classified as either:
      • Dependent (usually created by counties and municipalities, but exceptions apply)
      • Independent (usually created by the Florida Legislature, but exceptions apply)
  • 8. Special Districts - Definitions
    • Dependent Special Districts:
    • At least one of the following applies: A single county or single municipality . . .
      • Has the same governing board members as the special district
      • Appoints the governing board members
      • May remove governing board members at will during un-expired terms
      • Approves the budget
      • May veto the budget
        • CRAs are classified as dependent because at least one of the above applies.
  • 9. Special Districts - Definitions
    • Independent Special Districts
      • Do not have any dependent characteristics
  • 10. Special District Advantages
    • Create a governing board of appointed or elected members who have the expertise to focus on the specific community needs and issues the special district is addressing.
    • Allows municipal and county governing boards to focus more on general-purpose government issues.
    • Generate money to pay for projected growth without putting an excessive burden on other taxpayers and governments, since only those who benefit from the special district’s services are required to pay.
  • 11. Special District Advantages
    • Ensure accountability of public resources, since special districts are held to the same high standards as cities and counties (e.g., ethics, Government-in-the-Sunshine, reporting, financial disclosure laws).
    • Protect property values by assuring property owners that their roads, water and sewer lines, and other essential facilities and services will continue to be maintained.
  • 12. Special District Advantages
    • Save money for affected citizens by selling tax-exempt bonds, purchasing essential goods and services tax-free, and participating in state programs and initiatives, such as state-term contracting.
    • Maintain the financial integrity of the special district by limiting its liability to civil lawsuits and providing state assistance in the event of a financial emergency.
  • 13. Special District Advantages
    • Recruit qualified employees by offering governmental employment benefits and incentives, such as possible participation in the Florida Retirement System.
  • 14. Special Districts – Totals
    • Oct. 2006 Oct. 2007
    • Dependent 597 605
    • Independent 855 968
      • Total 1,452 1,573
  • 15. Special Districts – Most Popular 63 64 Soil & Water Conservation 67 69 Fire Control 93 93 Housing Authorities 96 96 Water Control 184 176 Community Redevelopment 540 432 Community Development 10/07 10/06 Function (out of 59)
  • 16. Special Districts – Counties with the Most 71 58 Manatee 89 89 Broward 92 88 Palm Beach 95 84 Lee 97 88 Miami-Dade 133 123 Hillsborough 10/07 10/06 County
  • 17. State Policy
    • Special Districts . . .
      • are just like municipalities and counties, except that special districts are units of local special-purpose government, as opposed to units of local general-purpose government
      • serve a public purpose and must be held accountable to the public, local general-purpose governments, and state agencies
  • 18. State Policy
    • Special Districts . . .
      • Must cooperate and coordinate activities with local general-purpose governments and state agencies
      • Must comply with Chapter 189, Florida Statutes (Uniform Special District Accountability Act of 1989)
  • 19. State Policy
    • Special Districts . . .
      • like municipalities and counties, must comply with the following:
        • Ethics
        • Government-in-the-Sunshine
        • Financial Reporting (bonds, audits, revenues & expenditures, etc.)
        • Board Member Disclosures
        • Retirement System Reporting
  • 20. Basic Reporting Requirements
    • Creation Document & Boundary Map (as amended)
    • Registered Agent & Office
    • Annual Fee ($175) and Update
    • Regular Public Meeting Schedule
    • Annual Budget
    • Annual Financial Audit Report
    • Annual Financial Report
    • Two Bond Reports
    • Three Retirement System Reports
  • 21. Basic Reporting Requirements
    • Creation Document & Boundary Map (as amended)
      • File with the Department of Community Affairs, Special District Information Program
  • 22. Basic Reporting Requirements
    • Registered Agent & Office (name, address, e-mail, telephone, fax)
      • File and keep updated with:
        • Department of Community Affairs, Special District Information Program
        • Local Governing Authority
  • 23. Basic Reporting Requirements
    • Annual Fee ($175) and Update
      • $175 due to the Department of Community Affairs by the deadline to avoid up to $50 in penalties
      • Update (form is part of the $175 invoice). The Registered Agent must review the information on file, update as necessary, sign and date it, and return it with the $175 fee. This information must be available for state and local agencies.
  • 24. Basic Reporting Requirements
    • Regular Public Meeting Schedule
      • List the date, time and location of each scheduled meeting
      • State that anyone wanting to appeal an official decision made on any subject at the meeting must have a verbatim record of the meeting that includes the testimony and evidence on which the appeal is based
      • File with the local governing authority quarterly, semiannually, or annually
      • Publish in a newspaper of general paid circulation (legal notices and classified advertisement section) in the county in which the CRA is located
  • 25. Basic Reporting Requirements
    • Annual Budget
      • Must be presented in accordance with generally accepted accounting principles
      • The amount available from taxation and other sources, including amounts carried over from prior fiscal years, must equal the appropriations for expenditures and reserves
      • Must regulate expenditures
      • Must be contained within the general budget of the local governing authority, unless they agree to a separate budget
  • 26. Basic Reporting Requirements
    • Annual Budget
      • Must be clearly stated as the budget of the CRA
      • Do not expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations
      • Adopt by resolution
  • 27. Basic Reporting Requirements
    • Annual Financial Audit Report
      • Threshold:
        • Revenues or expenditures greater than $100,000
        • Revenues or expenditures between $50,000 and $100,000, if a financial audit was not required the previous two fiscal years
          • Note: Dependent special districts that are component units (GASB 14 & 39, as amended) may be included in the local governing authority’s audit
  • 28. Basic Reporting Requirements
    • Annual Financial Audit Report
      • Filing Requirement:
        • Two copies with the Auditor General within 45 days after delivery of the audit, but no later than 12 months after the fiscal year end (September 30)
  • 29. Basic Reporting Requirements
    • Annual Financial Report (reflects revenues, expenditures, and long-term liability)
      • File if not a component unit of local general-purpose government
  • 30. Basic Reporting Requirements
    • Annual Financial Report
      • If the CRA is a component unit, make sure that your local governing authority properly includes the CRA in their report and completes the two required component unit forms reflecting the CRA’s financial standing. Otherwise, the Department of Financial Services must assume that the CRA will file separately.
  • 31. Basic Reporting Requirements
    • Annual Financial Report
      • Filing Requirement:
        • If an audit is required, file one copy with the Department of Financial Services within 45 days after delivery of the audit, but no later than 12 months after the fiscal year end (September 30). Include one copy of the audit.
        • If an audit is not required, file by April 30.
  • 32. Basic Reporting Requirements
    • Two Bond Reports
      • File with the State Board of Administration, Division of Bond Finance:
      • Advanced Notice of Bond Sale – the day before or sooner when selling certain general obligation or revenue bonds, or closing on any similar long-term debt instrument.
      • Bond Information/Disclosure Form – within 120 days after the delivery of new general obligation bonds, revenue bonds, or any long-term debt that is outstanding for more than 12 months.
  • 33. Basic Reporting Requirements
    • Three Retirement System Reports
      • File with the Department of Financial Services, Division of Retirement:
      • Actuarial Impact Statement for Proposed Plan Amendments
      • Actuarial Valuation Report
      • Defined Contribution Report
  • 34. Failure to Comply
    • If any of these are not filed with the local governing authority . . .
      • Registered Agent & Office
      • Regular Public Meeting Schedule
    • Or any of these with the appropriate state agency . . .
      • Annual Financial Audit Report
      • Annual Financial Report
      • Bond Reports
      • Retirement System Reports
  • 35. Failure to Comply
    • State Agency or local general-purpose government notifies the Special District Information Program
    • Program mails a certified technical assistance letter to the CRA and copies the city or county, and coordinates a time extension to comply
    • If directed by the Joint Legislative Auditing Committee, Program initiates legal proceedings through the Circuit Court
  • 36. Failure to Comply
    • Avoid “Failure to Comply” in the first place!
      • Make sure you understand reporting requirements
      • Maintain a technical assistance contact list and use it when in doubt
      • Note deadlines on a calendar
      • If problems arise, inform the appropriate agencies and copy the Special District Information Program
  • 37. Questions?
    • Jack Gaskins Jr.
    • Direct: (850) 922-1457
    • Fax (850) 410-1555
    • [email_address]
    • www.FloridaSpecialDistricts.org
    • Department of Community Affairs
    • Special District Information Program
    • 2555 Shumard Oak Boulevard
    • Tallahassee, Florida 32399-2100