The Escambia-Pensacola Human Relations Commission (EPHRC) was originally created by Interlocal Agreement between Escambia County, Florida and the City of Pensacola pursuant to general law as authorized by the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes.
On March 7, 2019, the Board enacted Ordinance 2019-13 to reestablish the EPHRC by local ordinance. The ordinance defines the composition, duties, and powers of the Commission for the purpose of continuing to provide the community with local assistance to review and resolve employment and fair housing discrimination complaints and improve community relations in Escambia County.
Thereafter, on April 16, 2019, the Board approved an Interlocal Agreement between the City and the County superseding the terms of the previous Interlocal Agreement for the purpose of determining the parties' respective funding obligations for the operation of the EPHRC. As provided in the agreement, each fiscal year (October 1 - September 30), the County shall contribute 60% of the approved annual budget and the City shall contribute 40% of the approved annual budget for the operation of the EPHRC. The EPHRC's annual budget will be subject to the approval of the Escambia County Board of County Commissioners and the City of Pensacola City Council.
Pursuant to §189.012, Florida Statutes, a "Special District" is generally defined as a unit of local government created for a special purpose to operate within a limited geographic boundary that is created by special act, local ordinance, or by rule of the Governor or Cabinet. A "Dependent Special District" is a district meeting one of the following criteria: (a) membership of its governing body is identical to that of a governing body of a single county or municipality; (b) all members of its governing body are appointed by the governing body of a single county or municipality; (c) members of the governing body are subject to removal at will by the governing body of a single county or municipality; or (d) the district's budget requires approval or can be vetoed by a vote of a single county or municipality. An "Independent Special District" is defined as a district not otherwise classified as "dependent," and must further comply with the requirements provided in Chapter 189, Part III, Florida Statutes.
Pursuant to §189.031(4), Florida Statutes, except as authorized by general law, only the Legislature may create independent special districts. A county may create an independent special district which shall be adopted by a charter in accordance with §125.901 (funding for children's services), §154.331 (funding for indigent and other health and mental health care services), Chapter 155, or which shall be established by ordinance in accordance with §190.005 (community development districts), or as otherwise authorized by general law. Section 189.031(4)(b), Florida Statutes. In addition, any combination of two or more counties or municipalities may create a regional special district in accordance with §373.713 (regional water supply authorities) or §163.567 (regional transportation authorities), or as otherwise authorized by general law. Section 189.031(4)(d), Florida Statutes.
The EPHRC was previously registered with the DEO and designated as an independent special district established pursuant to general law authority of the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes. Despite this designation, the EPHRC did not meet the statutory requirements of an independent special district as provided in Chapter 189, Part III, Florida Statutes. Nonetheless, while designated as an active special district, the EPHRC must comply with the registration, reporting, and web-based public access requirements imposed by the Special District Accountability Program of the DEO in accordance with Chapter 189, Part VI, Florida Statutes.
As currently established by local ordinance, the EPHRC does not meet the statutory requirements of either a dependent or independent special district. The dissolution of the previously designated "Special District" will not impact the operation of the EPHRC as currently established by local ordinance and will eliminate the registration, reporting, and web-based public access requirements. |