HB 521

1
A bill to be entitled
2An act relating to the Gasparilla Island Bridge Authority,
3Lee and Charlotte Counties; amending chapter 2000-425,
4Laws of Florida; renaming the authority; providing that
5the district is an independent special district; revising
6vote requirements for the election of the voting members
7of the board of supervisors; revising the district's
8fiscal year; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Sections 1 through 23 of section 2 of chapter
132000-425, Laws of Florida, are amended to read:
14     Section 1.  LEGISLATIVE FINDINGS.-It is declared as a
15matter of legislative determination that the residents of
16Gasparilla Island and its neighboring islands have a vital
17interest in the operation and the continued maintenance and
18improvement of the bridge and causeway linking the islands to
19the mainland. The bridge and causeway were constructed in 1952
20by a private company. That company and its successors have
21operated the bridge and collected tolls since 1952 under a 50-
22year lease from the state which expires in May 2002. The
23residents of Gasparilla Island are the primary users of the
24bridge and pay the majority of tolls collected for its continued
25maintenance. It is the intent of the Legislature to create an
26independent special district authority on Gasparilla Island and
27surrounding islands, in both Lee and Charlotte Counties, with
28overall responsibility for the ownership, operation,
29maintenance, repair, and reconstruction of the bridge and
30causeway connecting Gasparilla Island with the mainland in
31Charlotte County, thereby creating an organization to permit the
32continuing responsibility on the part of the residents of
33Gasparilla Island and surrounding islands for the operation,
34maintenance, repair, and reconstruction of the bridge and
35causeway. This act shall be known as "The Gasparilla Island
36Bridge Agency Authority Act."
37     Section 2.  AGENCY AUTHORITY CREATED.-There is hereby
38created and established an independent special district and a
39local governmental body, corporate and politic, to be known as
40the Gasparilla Island Bridge Agency Authority. The boundaries of
41the district authority shall include: all of Gasparilla Island,
42including Boca Grande Isles and Gasparilla Golf Course Island,
43Three Sisters Island, Hoagen's Key, Loomis Island, and Cole
44Island situated in Lee County and Charlotte County including all
45adjacent submerged lands, tidal lands, overflow lands, and tidal
46ponds hereinafter referred to as the "islands," and the
47following described lands located on or between the islands and
48the mainland of Charlotte County, Florida:
49Parcel I:
50That real property described in the Final Judgment
51entered in Condemnation Suit, Case #1048 entitled
52Florida Bridge Company, Plaintiff -vs- Sunset Realty
53Corporation, Defendant, Circuit Court, Charlotte
54County, Florida, said judgment being dated June 18,
551958, recorded June 13, 1958, in O.R. Book 39 at Page
56178, et. seq., of the Public Records of Charlotte
57County, Florida, which property is more particularly
58described as follows: A parcel containing 3.4937 acres
59of land, lying and being in Charlotte County Florida,
60lying 15' on either side of the following described
61centerline:
62Commencing at the intersection of Sections 26, 27, 34
63and 35, Township 42 South, Range 20 East; thence North
6489°47'36" West, 292.84 feet; thence North 22°39'51"
65West 147.19 feet; thence North 16°28'24" East, 1,105.2
66feet to the South end of the South relief bridge as
67constructed by the Florida Bridge Corp. under its
68franchise, to point of beginning; thence from said
69point of beginning South 16°28'24" West 286.85 feet to
70a point of curvature; thence Southeasterly along a
71curve whose radius is 2,864.79 feet, an arc distance
72of 1,956.88 feet to a point; thence South 21°56'21"
73East 800 feet to the center of the County road
74pavement as exists at present, crossing the 30' R/W
75line of said County road 157.6 feet North of the point
76as established in the center of said County road, all
77lying a being in Sections 26, 27, 34 and 35, Township
7842 South, Range 20 East, Charlotte County, Florida.
79Parcel II:
80The following described lands (herein Parcels A, B, C,
81and D, respectively) situated in Charlotte County,
82Florida:
83Parcel A. Those lands described in instrument dated
84November 26, 1954, between Boca Grande Inn, Inc., a
85Florida corporation, and Florida Bridge Company, a
86Florida corporation, recorded April 11, 1958 in O.R.
87Book 36, Page 211 et. seq. Of the Public Records of
88Charlotte County, Florida, more particularly described
89as follows:
90A strip or parcel of land in Section 12, Township 42
91South, Range 20 East, which strip or parcel is 33 feet
92on each side of, as measured at right angles to, the
93following described center line: From the intersection
94of the centerline of the Seaboard Air Line Railroad
95(Charlotte Harbor and Northern Railroad) with the
96center line of Florida State Road No. 775 in said
97Section 12, run North 59°01'06" West, (being the same
98line as shown as having a bearing of North 58°59' West
99on the right-of-way map of said State Road) along the
100center line of said State Road No. 775 for 1,260 feet
101to a point of curve of a curve to the right; thence
102continue along the tangent of said curve for 111.93
103feet to a point; thence run South 01°00'54" West for
10455.64 feet to a point on the South right-of-way line
105of State Road No. 775 and the point of beginning of
106the center line of the lands hereby conveyed; from
107said point of beginning continue South 01°00'54" West
108for 1,049.49 feet to the point of curve of a curve to
109the right having a radius of 2,864.79 feet; thence run
110Southerly to Southwesterly along the arc of said curve
111for 420 feet, more or less, to the mean high water
112mark of Gasparilla Sound. All bearings hereinabove
113mentioned are plane coordinate bearings for the
114Florida West Zone.
115Parcel B. Those lands described in Grant of Right-of-
116Way from the Trustees of the Internal Improvement
117Trust Fund of the State of Florida to Florida Bridge
118Company, Inc. dated December 30, 1954, bearing
119instrument no. 20840, recorded January 26, 1955, in
120O.R. Book 1, Page 146 et. seq. of the Public Records
121of Charlotte County, Florida, as amended, more
122particularly described as follows:
123CAUSEWAY RIGHT-OF-WAY
124Lands for highway right-of-way purposes across the
125submerged bottoms of Gasparilla Sound from the mean
126high water mark of said Sound on the mainland at the
127town of Placida to the mean high water mark on
128Gasparilla Island, said lands being 300 feet wide on
129each side of, as measured at right angles to, a center
130line, more particularly described as follows:
131Commence at the intersection of the center line of the
132S.A.L. R.R. and the center line of S.R. No. 775 in
133Section 12, Township 42 South, Range 20 East,
134Charlotte County, Florida.
135Thence North 59°01'06" West along the center of said
136S.R. No. 775 1,260 feet the P.C. of a curve to the
137right;
138Thence continue along the tangent to said curve 111.93
139feet to a point;
140Thence South 01°01'09" West 900 feet, more or less, to
141the mean high water mark of Gasparilla Sound, said
142point being the point of beginning of the easement
143herein granted; From P.O.B. continue South 01°01'09"
144West 593.95 feet to a point in Gasparilla Sound, said
145point being 930 feet from, as measured at right angles
146to, the center line of said S.A.L. R.R.;
147Thence South 16°28'24" West parallel to and 930 feet
148from said center line 8,743 feet to the mean high
149water mark of Gasparilla Sound on Gasparilla Island,
150said high water mark being the terminus of this center
151line.
152AND
153An area on the Northwesterly side of the causeway
154center line beginning 100 feet off shore from the
155Placida side of Gasparilla Sound and extending
156Southwesterly parallel to the center line of said
157causeway for a distance of 4,000 feet. The
158Northwesterly limits of said area shall be not more
159than 1,500 feet from said center line and the
160Southeasterly limits shall be not less than 1,000 feet
161from said causeway center line.
162AND
163An area on the Southeasterly side of the causeway
164center line beginning 100 feet off shore from the
165Placida side of Gasparilla Sound and extending
166Southwesterly parallel with center line of causeway
167for a distance of 9,000 feet. The Southeasterly limits
168of said area shall be not more than 600 feet from said
169center line and the Northwesterly limits shall be the
170right-of-way for causeway.
171LESS AND EXCEPT FROM PARCEL B THE FOLLOWING:
172The lands conveyed by Robert L. King and Carroll C.
173Cozart, as personal representative of the estate of
174Robert T. Cozart, deceased, to Gasparilla Pass, Inc.
175by deed dated July 16, 1981, recorded July 16, 1981 in
176O.R. Book 672 at Page 1045 et. seq. of the Public
177Records of Charlotte County, Florida, more
178particularly described as follows:
179A tract of parcel of land lying in Section 26,
180Township 42 South, Range 20 East, Charlotte County,
181Florida which tract or parcel is described as follows:
182From the Southwest corner of said Section 26 on
183Gasparilla Island as shown on the plat of Gulf Shores
184North recorded in Plat Book 13 beginning at Page 9A,
185Charlotte County Records run North 89°45'15" West
186along the South line of Section 27 as shown on said
187plat for 82.13 feet to an intersection with the
188centerline of Gasparilla Road (50 feet wide); thence
189run Northerly along said centerline as shown on said
190plat along the arc of a curve to the right of radius
1912,864.79 feet (chord bearing North 05°14'34" East) for
1921,123.99 feet to a point of tangency; thence continue
193along said centerline North 16°28'45" East, parallel
194with and 930 feet Westerly from (as measured on a
195perpendicular) the centerline of the Seaboard Coast
196Line Railroad, for 527.77 feet to the Northerly end of
197the South Relief Bridge on the Boca Grande Causeway;
198thence continue North 16°28'45" East along said
199centerline as described in instruments recorded in
200Official Records Book 1 at Page 145, Official Records
201Book 7 at Page 177, and Official Records Book 479 at
202Page 817 of said public records for 2,549.58 feet to
203the southerly end of the Center Relief Bridge and the
204Point of Beginning of lands described in said
205instrument recorded in Official Record Book 479 at
206Page 817 and the Point of Beginning of the herein
207described parcel.
208From said Point of Beginning run South 79°31'15" East
209for 37 feet more or less to the approximate mean high
210tide line of Charlotte Harbor, thence run
211Southeasterly, Southerly, Southwesterly, Southerly,
212Southeasterly, Southerly, Southwesterly, Southerly,
213Southeasterly, Southerly, Southwesterly, Southerly,
214Southeasterly, Southerly, Southwesterly, Southerly,
215Southeasterly, Southerly, Southwesterly and Westerly
216along said approximate mean high tide line for 3,000
217feet more or less to a concrete seawall on the
218easterly line of the Florida Bridge company right-of-
219way (120 feet wide); thence run Southerly and
220Southwesterly along said seawall to an intersection
221with an easterly prolongation of the Northerly end of
222said South Relief Bridge; thence run North 73°31'15"
223West along said prolongation, said North line and a
224Westerly prolongation of said North line for 85 feet
225more or less to the approximate mean high tide line of
226Gasparilla Pass; thence run-along said approximate
227mean high tide line Northwesterly, Northerly,
228Northeasterly and Northerly for 2,650 feet more or
229less to an intersection with the Westerly prolongation
230of said South line of said Center Relief Bridge;
231thence run South 73°31'15" East along said
232prolongation and said South line for 45 feet more or
233less to the Point of Beginning.
234Bearing hereinafter mentioned are Plan Coordinate for
235the Florida West Zone.
236ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING:
237The lands conveyed to A.E. Blackburn and his wife,
238Mary M. Blackburn, Robert S. Maynard and Mildred M.
239Maynard and Samuel Schuckman and Lucile Schuckman by
240deeds recorded in O.R. Book 13, Page 360, O.R. Book
24142, Page 502 and O.R. Book 43, Page 353 of the Public
242Records of Charlotte County Florida:
243From the meander corner between Section 22 and 27,
244Township 42 South, Range 20 East, on Little Gasparilla
245Island, as established in 1908 by Charles M. Pidgeon,
246run East 618 feet to a point for point of beginning.
247Thence as follows:
248North 3°30' East, 420 feet,
249North 42°00' East, 290 feet,
250North 70°30' East, 660 feet,
251South 62°00' East, 930 feet,
252South 45°30' East, 380 feet,
253South 66°30' East, 660 feet,
254South 5°00' East, 515 feet,
255South 76°00' West, 575 feet,
256South 62°00' West, 910 feet,
257North 76°30' West, 1180 feet,
258North 4°30' West, 935 feet,
259to a Point of Beginning containing 82.20 acres more or
260less;
261ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING:
262A portion of the lands described in warranty deed from
263Bert L. Cole and Helen Cole, husband and wife, to
264Brunswick Corporation dated January 2, 1973, recorded
265January 2, 1973 in O.R. Book 407, Page 766 and fee
266simple deed dated September 1, 1972 in O.R. Book 401,
267Page 882 of the Public Records of Charlotte County,
268Florida, more particularly described as follows:
269Commence at the N.W. corner of Section 12, Township 42
270South, Range 20 East, Charlotte County, Florida;
271thence South 0°11'00" West along the West line of said
272Section 12, 2073.74' to a point on the Southeasterly
273right-of-way (100' right-of-way) of State Road No.
274775; thence South 48°03'00" East along said right-of-
275way 941.68' for a point of beginning; thence continue
276South 48°03'00" East, 209.58' to the Point of
277Curvature of a curve to the left, said curve having a
278central angle of 10°56'00" and a radius of 1,960.08';
279thence along the arc of said curve a distance of
280374.09' to the Point of Tangency; thence South
2810°11'00" West, 979.29' thence North 80°34'09" West,
282948.20'; thence North 0°41'48" West, 699.41'; thence
283North 45°16'45" East, 690.82' to the Point of
284Beginning.
285Less all that part of the above described lands lying
286East of the West boundary of the right-of-way of the
287Boca Grande Causeway.
288All lying and being in Section 12, Township 42 South,
289Range 20 East, Charlotte County, Florida.
290ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING:
291A portion of the lands described in warranty deeds
292from Placida Sound Corporation to James O. Dixon, Jay
293D. Moser and Janice D. Parrish dated January 19, 1979,
294recorded January 22, 1979, in O.R. Book 593, Page 1713
295and deeds recorded in O.R. Book 671, Page 1915 and
296O.R. Book 671, Page 1914, Public Records of Charlotte
297County, Florida, more particularly described as
298follows: Commence at the Northwest corner of Section
29912, Township 42 South, Range 20 East, Charlotte
300County, Florida; thence South 0°11'00" West, along
301West boundary of said Section 12, 2,952.87 feet;
302thence South 41°59'07" East 317.87 feet; then South
3030°41'48" East, 699.41 feet for a P.O.B.; thence
304continue South 0°41'48" East, 602.98 feet; thence
305South 76°03'07" East 730.00 feet to a point on the
306Westerly R/W of Boca Grande Causeway (66'R/W) thence
307Northerly along said R/W 651.18 feet to a point that
308bears North 8°14'06" East from the previous course;
309thence North 80°34'09" West 820.17 feet to the Point
310of Beginning. All lying and being in Section 12,
311Township 42 South, Range 20 East, Charlotte County,
312Florida.
313Parcel C. Those lands described in Right-of-Way from
314A. E. Blackburn and Mary M. Blackburn, husband and
315wife, to Florida Bridge Company dated July 5, 1956,
316recorded in O.R. book 118, Page 675 of the Public
317Records of Charlotte County, Florida, more
318particularly described as follows:
319A strip of land 33 feet on each side of the center
320line of Florida Bridge Company causeway across the
321Easterly part of the following described property:
322From the meander corner between Section 22 and 27,
323Township 42 South, Range 20 East, on Little Gasparilla
324Island, as established in 1908 by Charles M. Pidgeon,
325run East 618 feet to a point for point of beginning,
326Thence as follows:
327North 3°30'East, 420 feet,
328North 42°00' East, 290 feet,
329North 70°30' East, 660 feet,
330South 62°00' East, 930 feet,
331South 45°30' East, 380 feet,
332South 66°30' East, 660 feet,
333South 5°00' East, 515 feet,
334South 76°00' West, 575 feet,
335South 62°00' West, 910 feet,
336North 76°30' West, 1,180 feet,
337North 4°30' West, 935 feet,
338to Point of Beginning containing 82.20 acres more or
339less;
340Parcel D. Those lands described in instrument between
341G. M. Cole, joined by his wife, Addie Cole, and
342Florida Bridge Company, Inc. dated September 12, 1952,
343recorded December 1, 1955, in O.R. Book 7, Page 177
344et. seq. of the Public Records of Charlotte County,
345Florida, more particularly described as follows:
346A strip of land across Cole Island, extending from the
347Northerly to the Southerly end thereof and being 120
348feet in width (60 feet on each side of the center line
349of Florida Bridge Company causeway), such center line
350of said easement begin parallel to and 930 feet
351Westerly from the center line of the Seaboard Airline
352Railroad Company track.
353     Section 3.  PURPOSES.-
354     (1)  The district authority is created for the purpose of
355acquiring, constructing, reconstructing, financing, owning,
356managing, providing, promoting, improving, expanding,
357maintaining, operating, regulating, franchising, and otherwise
358having complete authority, with respect to the Gasparilla Island
359bridge and causeway within the territorial limits of Charlotte
360County, and areas adjacent thereto. It is further the purpose of
361this act to repose in the district authority all powers with
362respect to operating, maintaining, repairing, and improving the
363bridge and causeway, including the power to set bridge toll
364rates and collect bridge tolls, and such other additional powers
365as are hereafter designated by this act.
366     (2)  The Legislature finds and declares that the creation
367of the district authority and the carrying out of its purposes
368are in all respects for the benefit of the people of this state
369and the people of Lee and Charlotte Counties. The district
370authority is performing an essential governmental function. All
371property of said district authority is and shall in all respects
372be considered to be public property, and title to such property
373shall be held by the district authority for the benefit of the
374public. The use of such property, until disposed of upon such
375terms as the district authority may deem just, shall be for
376essential public and governmental purposes.
377     (3)  It is the intent of this act to create the district
378authority as an independent special district that meets all the
379requirements for independent special districts provided in
380chapter 189, Florida Statutes.
381     Section 4.  DEFINITIONS.-As used in this act, the following
382words and terms shall have the following meanings, unless some
383other meaning is plainly intended:
384     (1)  "Authority" means the Gasparilla Island Bridge
385Authority acting by and through its governing body as
386established under section 2.
387     (1)(2)  "Board" means the Board of Supervisors of the
388Gasparilla Island Bridge Agency.
389     (2)(3)  "Charlotte County Commission" means the Charlotte
390County Board of County Commissioners.
391     (3)  "District" means the Gasparilla Island Bridge Agency
392acting by and through its governing body as established under
393section 2.
394     (4)  "Lee County Commission" means the Lee Charlotte County
395Board of County Commissioners.
396     (5)  "Clerk" means the clerk of the circuit court and the
397ex officio Clerk of the Board of County Commissioners of
398Charlotte County or Lee County.
399     (6)  "Cost" as applied to the acquisition, construction,
400extension, additions, or improvements to the bridge and causeway
401or to the establishment of the district authority includes the
402cost of: construction or reconstruction; acquisition or purchase
403of real or personal property; expenses relating to the issuance
404of bonds; indemnity or surety bonds; premiums for insurance on
405real or personal property; expenses related to the establishment
406of the district authority; labor, materials, machinery,
407supplies, and equipment; any interest in land including all
408property rights, easements, and franchises of any nature;
409finance charges; interest payments; payments for the creation of
410initial reserve or debt service reserve funds; bond discount;
411architectural and engineering services; financial and banking
412services; legal and accounting services; all other expenses
413necessary or incidental for determining the feasibility of
414construction, reconstruction, or acquisition; all other expenses
415necessary or incidental to any financing authorized herein;
416reimbursement of any other person, firm, or corporation for any
417moneys or services advanced to the district authority in
418connection with any of the foregoing items of cost.
419     (7)  "Elector" means any registered voter within the
420boundaries of the district authority.
421     (8)  "Executive director" shall be the chief executive
422officer of the district authority, who shall carry out the
423policies of the district authority.
424     (9)  "Gross receipts" means any income received from all
425tolls collected for the use of the bridge and causeway and other
426income received from all other sources, including income
427received from taxpayers from ad valorem tax assessments.
428     (10)  "Taxpayer" means any natural or corporate person who
429owns real property within the boundaries of the district
430authority.
431     (11)  "Revenue bonds" or "bonds" means bonds or other
432obligations secured by and payable from the revenues derived
433from tolls, fees, or charges collected by the district authority
434from users or future users of the facilities of the system,
435which may be additionally secured by a pledge of the proceeds of
436ad valorem taxes levied against property within the boundaries
437of the district authority, all to the extent determined by
438resolution of the district authority.
439     (12)  "Bridge and causeway system" means and includes all
440bridges, causeways, roadways, toll facilities, or property and
441additions, extensions, and improvements thereto at any future
442time constructed and acquired as part thereof, useful or
443necessary or having the present capacity for future use in
444connection with maintaining a bridge and roadway across
445Gasparilla Pass in Charlotte County.
446     Section 5.  GOVERNING BODY.-
447     (1)  The governing body of the district authority shall
448consist of nine members acting as the Board of Supervisors. Five
449of these members shall be voting members with full power to
450conduct the business of the district authority by majority vote
451of the voting members. The other four members shall serve as ex
452officio, nonvoting members who shall participate in board
453discussions as representatives of the taxpayers who are not
454qualified as electors of the district authority. Each member
455shall serve terms of 4 years, provided that the initial members
456of the Board of Supervisors and their terms of office shall be
457as follows:
458     (a)  Board Supervisor No. 1, Board Supervisor No. 3, Board
459Supervisor No. 5, Board Supervisor No. 7, and Board Supervisor
460No. 9 shall be appointed by the Lee County Commission and serve
461until November 15, 1996. These supervisor positions shall be
462first elected or appointed thereafter as herein described.
463     (b)  Board Supervisor No. 2, Board Supervisor No. 4, Board
464Supervisor No. 6, and Board Supervisor No. 8 shall be appointed
465by the Charlotte County Commission and serve until November 15,
4661996. These supervisor positions shall be elected or appointed
467thereafter as herein described.
468     (2)  Board Supervisor No. 1, Board Supervisor No. 2, Board
469Supervisor No. 3, Board Supervisor No. 4, and Board Supervisor
470No. 5 shall be voting members of the Board of Supervisors who
471are qualified as electors within the boundaries of the district
472authority. Board Supervisor No. 6, Board Supervisor No. 7, Board
473Supervisor No. 8, and Board Supervisor No. 9 shall be ex
474officio, nonvoting members who are appointed by the board at its
475first meeting following the general election. The ex officio,
476nonvoting members must be either electors or taxpayers from
477within the boundaries of the district. No board member shall be
478elected or appointed for more than two consecutive 4-year terms
479except the chair, who may be elected to a maximum of three 4-
480year terms. The chair must be a voting member of the board.
481     (3)  The voting members of the Board of Supervisors shall
482be elected by a plurality majority of the electors of the
483district authority voting in the general election in November of
484each even numbered year. Each elector may exercise one vote.
485Those members duly elected to serve will take office on November
48615 following their election.
487     (a)  Board Supervisor No. 1, Board Supervisor No. 3, Board
488Supervisor No. 5, Board Supervisor No. 6, and Board Supervisor
489No. 8 shall be first elected or appointed in the November 1996
490election and every fourth year thereafter.
491     (b)  Board Supervisor No. 2, Board Supervisor No. 4, Board
492Supervisor No. 7, and Board Supervisor No. 9 shall be first
493elected or appointed at the November 1996 election to a 2-year
494term. They shall be appointed or stand for election to a full 4-
495year term commencing at the November 1998 election and shall be
496elected or appointed every fourth year thereafter.
497     (4)  The district authority is authorized to conduct its
498elections independently or through the Lee County or Charlotte
499County Supervisor of Elections. Should the district authority
500elect to conduct its own elections, it shall make its election
501procedures consistent with the Florida Election Code, chapters
50297 through 106, Florida Statutes, for the following:
503     (a)  Qualifying periods, in accordance with section 99.061,
504Florida Statutes;
505     (b)  Petition format, in accordance with rules adopted by
506the Florida Division of Elections;
507     (c)  Canvassing of returns, in accordance with sections
508101.5614 and 102.151, Florida Statutes;
509     (d)  Noticing special district elections, in accordance
510with chapter 100, Florida Statutes;
511     (e)  Polling hours, in accordance with section 100.011,
512Florida Statutes.
513     (5)  Upon the occasion of a vacancy for any reason in the
514term of office of a voting member of the governing body of the
515district authority, a successor shall be appointed by the
516Governor. Any person appointed to fill a vacancy shall be
517appointed to serve for the balance of the unexpired term or
518until the next election at which a successor may be duly elected
519to fill the balance of the unexpired term.
520     (6)  Upon the occasion of a vacancy for any reason in the
521term of office of an ex officio nonvoting member, a successor
522shall be appointed by a majority of the voting members of the
523governing body of the district authority.
524     (7)  The Board of Supervisors shall elect a chair and vice
525chair from members of the district authority, each of whom shall
526serve for 1 year or until his or her successor is chosen. The
527chair, or the vice chair in the chair's absence, shall preside
528at all meetings of the district authority and shall perform such
529additional duties as prescribed by the members or contained in
530the bylaws of the district authority. The district authority
531shall hold regular meetings at least
532places as it may designate and may
533meetings. Three voting members
534purpose of meeting and transacting business. Each voting member
535of the district authority shall have one vote. The district
536authority may adopt bylaws and may make all policies,
537procedures, rules, and regulations not inconsistent with this
538act which it may deem necessary respecting the conduct of its
539affairs. Such policies, procedures, rules, and regulations shall
540provide for notice of all public meetings in conformity with the
541requirements of section 189.417, Florida Statutes, and shall
542provide that an agenda shall be prepared by the district
543authority in time to ensure that a copy of the agenda will be
544available at least 3 days prior to any regular meetings of the
545district authority. After the agenda has been made available,
546items may be added for good cause, as determined by the chair or
547person designated to preside at the meeting. The reason for
548adding an item to the agenda shall be stated in the record.
549Special or emergency meetings may be called by the chair upon no
550less than 48 hours' notice. The district authority shall publish
551and thereafter codify and index all rules, regulations, and
552resolutions formulated, adopted, or used by the district
553authority in the discharge of its functions. Such rules,
554regulations, and resolutions shall be made available for public
555inspection and copying, at no more than cost. The district
556authority shall not be deemed to be an agency within the meaning
557of chapter 120, Florida Statutes. The district authority shall
558be deemed to be an agency within the meaning of chapter 119,
559Florida Statutes, and all records of the district authority
560shall be open to the public. The district authority shall be
561deemed an agency or district authority of the county for
562purposes of section 286.011, Florida Statutes, the "Government
563in the Sunshine" law. Voting members of the Board of Supervisors
564shall be deemed to be local officers for the purposes of section
565112.3145(3), Florida Statutes, requiring disclosure of their
566financial interests. These statements of financial interests
567shall be filed with the Lee County Supervisor of Elections and
568available for public inspection. In addition to the foregoing,
569the district authority shall comply with the requirements of
570section 189.417, Florida Statutes, regarding notice of meetings
571which shall be deemed to supersede any inconsistent provisions
572of this section in the event of conflict.
573     (8)  The district authority shall appoint an executive
574director who shall serve at the pleasure of the district
575authority. In addition to the appointment of an executive
576director, the district authority may contract for all or part of
577such services with any third party, including the clerk.
578     (9)  Each member of the Board of Supervisors shall serve
579without compensation; however, supervisors shall receive travel
580and per diem expenses as set forth in section 112.061, Florida
581Statutes, when traveling on official business for the district
582authority.
583     (10)  A board member may be removed for cause by the
584Governor.
585     Section 6.  POWERS AND DUTIES OF DISTRICT AUTHORITY.-The
586district authority shall have the following powers and duties,
587in addition to and supplementing other powers granted in this
588act and powers granted to authorities by general law:
589     (1)  To construct, install, erect, acquire, operate,
590maintain, improve, extend, enlarge, or reconstruct a bridge,
591causeway, and road system within the jurisdictional boundaries
592of the district authority and the environs thereof and to have
593the exclusive control and jurisdiction thereof, to borrow money
594and issue bonds to pay all or part of the costs of such
595construction, reconstruction, erection, acquisition, or
596installation of such bridge, causeway, or road system or to
597refund any indebtedness of the district authority. All capital
598improvements shall be consistent with the comprehensive plan of
599the applicable local government within the meaning of part II of
600chapter 163, Florida Statutes.
601     (2)  To regulate traffic and the use of the bridge and
602causeway system within the district's authority's boundaries.
603This traffic power shall be exercised concurrently with any
604power inherent in Lee County or Charlotte County. In the event
605of a conflict, the more stringent rule shall apply.
606     (3)  To fix, modify, charge, and collect toll rates and
607user fees from persons for the use of the bridge and causeway
608system at such levels as the district authority deems
609appropriate regardless of the costs associated with the bridge
610and causeway system; provided, however, in no event shall tolls
611for automobiles exceed $5 per round trip for a period of 10
612years after the effective date of this special act. The district
613authority shall be subject to the provisions of section 338.165,
614Florida Statutes, authorizing the continuation of tolls except
615that the district authority may use any remaining toll revenue
616after payments for debt service and the annual cost of
617operation, maintenance, and improvement of the bridge and
618causeway only for the purposes enumerated in this act.
619     (4)  To acquire in the name of the district authority by
620purchase or gift such lands and rights and interest therein,
621including lands under water and riparian rights, and to acquire
622such personal property as it may deem necessary in connection
623with the construction, reconstruction, improvement, extension,
624installation, erection, or operation and maintenance of the
625bridge, causeway, and road system and to hold and dispose of all
626real and personal property under its control.
627     (5)  To exercise exclusive jurisdiction, control, and
628supervision over the bridge and causeway system, or any part
629thereof owned, operated, or maintained by the district authority
630and to make and enforce such rules and regulations for the
631maintenance and operation of the system as may be, in the
632judgment of the district authority, necessary or desirable for
633the efficient operation of the system or improvements in
634accomplishing the purposes of this law.
635     (6)  To restrain, enjoin, or otherwise prevent the
636violation of this law or of any resolution, rule, or regulation
637adopted pursuant to the powers granted by this law.
638     (7)  To join with any other districts, municipalities,
639towns, or other political subdivisions, public agencies, or
640authorities in the exercise of common powers.
641     (8)  To contract with other private or public entities or
642persons to provide services to the district authority and to
643receive and accept from any federal or state agency grants or
644loans for or in aid of the purposes of the district authority.
645     (9)  To enter into interlocal agreements with any
646municipality, county, district, or political subdivision for any
647corporate purpose of the district authority, including, but not
648limited to, borrowing money for construction of improvements,
649additions, or extension to the system.
650     (10)  To sue and be sued in the name of the district
651authority, and to do all acts and things necessary or convenient
652for the conduct of its business and the general welfare of the
653district authority in order to carry out the powers and duties
654provided in this act or provided in any other law applicable to
655counties.
656     (11)  The executive director of the district authority
657shall have the responsibility for carrying out the policies of
658the Board of Supervisors of the district authority and keeping
659and maintaining the seal and the records of the district
660authority and for collecting, disbursing, investing, and
661maintaining the funds of the district authority and such other
662responsibilities as the board may instruct said executive
663director to perform, provided that the district authority may
664contract all or part of such services with any third party.
665     (12)  The district authority shall comply with the
666provisions of sections 189.415, 189.4155, 189.416, 189.417, and
667189.418, Florida Statutes, and other applicable provisions of
668general law prescribed duties and responsibilities of special
669districts. The district authority shall not be an agency for the
670purposes of section 120.52(1), Florida Statutes.
671     (13)  The district authority may assess and impose upon
672lands in the district ad valorem taxes of no greater than 2
673mills of assessed value per year, as provided by this act and
674chapter 197, Florida Statutes. The district authority may only
675impose ad valorem taxes if both of the following conditions are
676met:
677     (a)  Following a referendum in which a majority of the
678electors of the district voting in the election approve of the
679levy of ad valorem tax.
680     (b)  The district authority determines that the bridge
681tolls being collected may be insufficient to repair, replace, or
682maintain the bridge and causeway.
683
684The district authority may conduct a special election, if
685necessary, in order to seek voter approval of the ad valorem tax
686levy.
687     (14)  The Board of Supervisors of the district authority
688may seek from the Legislature amendments to this act from time
689to time as they deem necessary. In addition, the Board of
690Supervisors of the district authority may petition the
691Legislature for dissolution and abolition of the district
692authority if they feel another unit of government could more
693properly exercise the functions of the district authority at
694that time.
695     (15)  To establish reserves for debt service requirements
696and a reserve fund for replacement and repair of the causeway
697and other contingencies.
698     (16)  To invest moneys in all investments which are lawful
699under the laws of the state.
700     (17)  To do all acts necessary or convenient for the
701establishment of the district authority, the conduct of its
702business, and the general welfare of the district authority in
703order to carry out the powers granted herein.
704     (18)  To pledge or otherwise encumber all or any part of
705its gross receipts as security for its bonds.
706     (19)  To exercise the right and power of eminent domain,
707pursuant to the provisions of chapters 73 and 74, Florida
708Statutes, over any property within the boundaries of the
709district, except municipal, county, state, federal, or other
710public property for the uses and purposes of the district
711authority relating to the implementation of its powers as
712described herein; provided such right shall only be exercised
713over lands contiguous to or adjacent to the lands described as
714Parcel I or Parcel II in section 2 or such other lands that
715might be needed for the replacement or reconstruction of the
716bridge and causeway system.
717     (20)  To impose and foreclose tax liens as provided by this
718act and chapter 197, Florida Statutes.
719     Section 7.  BONDS.-
720     (1)  The district authority may, from time to time, issue
721bonds to pay the costs and expenses, other than operating
722expenses, incurred in carrying out the purposes of this act or
723to refund revenue bonds of the district authority issued
724pursuant to this act. In anticipation of the sale of such bonds,
725the district authority may issue bond anticipation notes and may
726renew the same from time to time. Such notes may be paid from
727the revenues derived by the district authority from the proceeds
728of sale of the bonds of the district authority in anticipation
729of which they were issued or from such other source as shall be
730determined by the district authority. The notes shall be issued
731in the same manner as the bonds. Bonds and notes shall be, and
732shall be deemed to be, for all purposes, negotiable instruments,
733subject only to the provisions of the bonds and notes for
734registration.
735     (2)  The bonds may be issued as serial bonds or as term
736bonds or the district authority, in its discretion, may issue
737bonds of both types. The district authority may issue capital
738appreciation bonds or variable rate bonds. The bonds shall be
739authorized by resolution of the district authority and shall
740bear such date or dates, mature at such time or times, not
741exceeding 40 years from their respective dates, bear interest at
742such rate or rates, be payable at such time or times, be in such
743denomination, be in such form, carry such registration
744privileges, be executed in such manner, be payable from such
745sources and in such medium or payment and at such place or
746places, and be subject to such terms of redemption, including
747redemption prior to maturity, as such resolution or resolutions
748may provide. If any officer whose signature, or a facsimile of
749whose signature, appears on any bonds or coupons ceases to be
750such officer before the delivery of such bonds, such signature
751or facsimile shall nevertheless be valid and sufficient for all
752purposes as if he or she had remained in office until the
753delivery. The bonds or notes may be sold at public or private
754sale for such price or prices as the district authority shall
755determine. Pending preparation of the definitive bonds, the
756district authority may issue interim receipts or certificates
757which shall be exchanged for such definitive bonds. The bonds
758may be secured by such form of credit enhancement, if any, as
759the district authority deems appropriate. The bonds may be
760secured by an indenture of trust or trust agreement.
761     (3)  The bonds may be validated, at the direction of the
762district authority, pursuant to chapter 75, Florida Statutes.
763Section 75.04(2), Florida Statutes, shall not apply to a
764complaint for validation brought by the district authority.
765     Section 8.  PLEDGE OF REVENUES.-The proceeds of all bonds
766or other obligations issued under this law and all revenues
767derived from other operation of the system which have been
768pledged for the payment of any bonds or other obligations
769authorized by this law shall be applied only in accordance with
770the proceedings authorizing the issuance of any such bonds or
771other obligations. The district authority may provide that the
772moneys or the funds and accounts established by the proceedings
773authorizing issuance of any revenue bonds shall be subject to
774the lien of the pledge established by the proceedings without
775any physical delivery thereof and the lien of the pledge shall
776be valid and binding as against all parties bringing claims of
777any kind in tort, contract, or otherwise against the district
778authority.
779     Section 9.  COVENANTS OF DISTRICT AUTHORITY WITH
780BONDHOLDERS.-In addition to other provisions and requirements of
781this law, any resolution authorizing the issuance of bonds or
782any other obligations issued hereunder may contain provisions
783and the district authority is authorized to provide and may
784covenant and agree with the several holders of such bonds or
785other obligations as to:
786     (1)  Limitations on the powers of the district authority to
787construct, acquire, or operate or permit the construction,
788acquisition, or operation of any structures, facilities, or
789properties which may compete or tend to compete with the system.
790     (2)  Subject to this law, the manner and order of priority
791of the disposition of revenues or redemption of any bonds or
792other obligations.
793     (3)  Terms and conditions for modification or amendment of
794the resolution authorizing the issuance of bonds or other
795obligations.
796     (4)  Provisions as to the appointment of a receiver of the
797system on default of principal or interest on any such bonds or
798other obligations or the breach of any covenant or condition of
799the resolution authorizing such bonds or other obligations.
800     (5)  Provisions as to the maintenance of the system and
801reasonable insurance thereof.
802     (6)  Any other matters necessary to secure the bonds and
803the payment of the principal and interest thereof.
804     (7)  All such provisions of the resolution shall constitute
805valid and legally binding contracts between the district
806authority and several holders of any such bonds and shall be
807enforceable by any such holder or holders by mandamus or other
808appropriate action, suit, or proceeding in law or in equity in
809any court of competent jurisdiction.
810     Section 10.  PUBLICATION OF NOTICE OF ISSUANCE OF BONDS.-
811Prior to the issuance of bonds or other obligations, the
812district authority may, in its discretion, publish a notice at
813least once in a newspaper or newspapers published and circulated
814in Charlotte and Lee Counties stating the date of adoption of
815the resolution authorizing such obligations, and the amount,
816maximum rate of interest, and maturity of such obligations and
817the purpose in general terms for which such obligations are to
818be issued.
819     Section 11.  BOND; QUALITIES OR NEGOTIABLE INSTRUMENTS;
820RIGHTS OF HOLDERS.-All bonds issued hereunder shall not be
821invalid for any irregularity or defect in the proceedings for
822the issuance and sale thereof and shall be incontestable in the
823hands of a bona fide purchaser for value. No proceedings in
824respect to the issuance of such bonds shall be necessary except
825such as are required by this act, by section 189.4085, Florida
826Statutes, and by section 189.408, Florida Statutes. The
827provisions of this act shall constitute an irrevocable contract
828between the district authority and the holders of any such bonds
829or coupons thereof issued pursuant to the provisions hereof. Any
830holder of such bonds may either at law or in equity, by suit,
831action, or mandamus, enforce and compel the performance of the
832duties required by this act or of any of the officers or persons
833herein mentioned in relation to said bonds, or the levy,
834collection, and enforcement and application of the revenues, or
835other funds pledged for the payment of the principal and
836interest thereof.
837     Section 12.  BUDGET; REPORTS AND REVIEW.-
838     (1)  The district authority shall provide financial reports
839in such form and in such manner as prescribed pursuant to this
840act, chapter 218, and sections 189.418 and 11.45, Florida
841Statutes.
842     (2)  The fiscal year for the district authority shall
843commence on October July 1 of each calendar year and shall
844conclude on September June 30 of each calendar year. On or
845before June 1, the executive director shall prepare a proposed
846budget for the ensuing fiscal year to be submitted to the board
847for board approval. The proposed budget shall include, at the
848direction of the board, an estimate of all necessary
849expenditures of the district authority for the ensuing fiscal
850year and an estimate of income to the district authority from
851all sources of revenue provided in this act. The board shall
852consider the proposed budget and may either approve the budget
853as proposed by the manager or modify the same in part or in
854whole.
855     (3)  The board shall cause to be made at least once a year
856a comprehensive report of its system, including all matters
857relating to expansions, acquisitions, rates, revenues, expenses
858of maintenance, repair, and operation of the renewals and
859capital replacements, principal and interest requirements, and
860the status of all funds and accounts. Copies of such reports
861shall be filed with the clerk and shall be open to public
862inspection. The report shall be known as the annual audit report
863and shall be issued by a certified public accountant appointed
864by the board. The annual audit report may be included as a part
865of any other report required by law or may be issued separately.
866     Section 13.  DISTRICT AUTHORITY BONDS AS INVESTMENTS FOR
867PUBLIC BODIES.-All bonds issued pursuant to this act shall be
868and constitute legal investments for state, county, municipal,
869and all other public funds and for banks, savings banks,
870insurance companies, executors, administrators, trustees, and
871all other fiduciaries and shall also be and constitute
872securities eligible as collateral security for all state,
873county, municipal, or other public funds, subject to the
874restrictions and limitations of chapters 18, 136, 237, 518, 655,
875657, 658, and 660 through 665, Florida Statutes.
876     Section 14.  BONDS AS PAYMENT FOR SERVICES.-The district
877authority is authorized to enter into agreements for the
878delivery of any bonds at one time or from time to time, as full
879or partial payment for the services of any engineer or work done
880by any contractor who may have been retained or hired or been
881awarded a contract for the construction of all or any part of
882the system. However, any such bonds so delivered for payment of
883such services or work performed shall have been authorized and
884issued in the manner provided in this act and shall otherwise
885conform to the provisions hereof.
886     Section 15.  CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS;
887SEALED BIDS.-All contracts let, awarded, or entered into by the
888district authority for the construction, reconstruction, or
889improvements to the system or any part thereof, if the amount
890thereof shall exceed $20,000, except for emergency repairs,
891shall be awarded only after public advertisement and call for
892sealed bids therefor, in a newspaper published and circulated in
893Lee and Charlotte Counties, such advertisement to be published
894at least once at least 3 weeks before the date set for the
895receipt of such bids. Such advertisements for bids, in addition
896to the other necessary and pertinent matters, shall state in
897general terms, the nature and description of the improvement or
898improvements to be undertaken and shall state that detailed
899plans and specifications for such work are on file for
900inspection in the office of the district authority and copies
901thereof shall be furnished to any interested party upon payment
902of reasonable charges to reimburse the district authority for
903its expenses in providing such copies. The award shall be made
904to the responsible and competent bidder or bidders who shall
905offer to undertake the improvements at the lowest costs to the
906district authority and such bidder or bidders shall be required
907to file bond for the full and faithful performance of such work
908and the execution of any such contract in such amount as the
909district authority shall determine, and in all other respects
910the letting of such construction contracts shall comply with
911applicable provisions of the general laws relating to the
912letting of public contracts. All purchases or expenditures of
913supplies, materials, and equipment in excess of $10,000 shall be
914made from the best of bids which are timely submitted. Nothing
915in this section shall be deemed to prevent the district
916authority from hiring or retaining such engineers, attorneys,
917financial experts, or other technicians as it shall determine,
918in its discretion, or from undertaking any construction work
919with its own resources, without any such public advertisement.
920     Section 16.  CONVEYANCE OF PROPERTY WITHOUT CONSIDERATION.-
921Any municipality, political subdivision, agency, or district
922authority shall be authorized to sell, lease, grant, or convey
923any real or personal property to the district authority and any
924such sale, grant, lease, or conveyance may be made without
925formal consideration.
926     Section 17.  PRIVILEGES, IMMUNITIES, AND EXEMPTIONS.-The
927district authority shall have all privileges, immunities, and
928exemptions accorded political subdivisions of this state under
929the provisions of the constitution and laws of the state.
930Neither the members of the district authority nor any person
931executing any contract or obligation on its behalf shall be
932personally liable or accountable thereon or by reason thereof.
933     Section 18.  EXEMPTION FROM SPECIAL ASSESSMENTS.-The
934accomplishment of the authorized purposes of the district
935authority created hereunder is, shall, and will be in all
936respects for the benefit of the people of the state for the
937increase of their commerce and prosperity and for the
938improvement of their health and living conditions. Since the
939district authority will perform essential governmental functions
940in accomplishing such purpose, the district authority shall not
941be required to pay any taxes or assessments of any kind or
942nature whatsoever upon any property acquired or used by it for
943such purposes or upon any revenues at any time received by it.
944     Section 19.  TAX DELINQUENCY, PENALTIES, AND ENFORCEMENT OF
945TAXES.-All taxes provided for in this act shall be and become
946delinquent and bear penalties on the amount of said taxes in the
947same manner as county taxes. Said tax shall be a lien until paid
948on the property against which assessed and enforceable in like
949manner as county taxes. The collection and enforcement of all
950taxes levied by the district authority shall be at the same time
951and in like manner as county taxes and the provisions of the
952Florida Statutes relating to the sale of lands for unpaid and
953delinquent county taxes, the issuance, sale, and delivery of tax
954certificates for such unpaid and delinquent county taxes, the
955redemption thereof, the issuance to individuals of tax deeds
956based thereon, and all other procedures connected therewith,
957shall be applicable to the district authority and the delinquent
958and unpaid taxes of the district to the same extent as if said
959statutory provisions were expressly set forth in this act. All
960taxes shall be subject to the same discounts as county taxes.
961     Section 20.  LIENS.-All taxes provided for in this act,
962together with all penalties for default in payment of the same
963and all costs in collecting the same, shall, from the date of
964assessment thereof until paid, constitute a lien of equal
965dignity with the liens for county taxes, and other taxes of
966equal dignity with county taxes, upon all the lands against
967which such assessments shall be levied, assessed, and collected.
968     Section 21.  DISTRICT AUTHORITY DECISIONS REQUIRING
969MAJORITY VOTE.-Notwithstanding any other provisions of this act,
970decisions of the district authority dealing with the following
971matters may only be made if approved by at least three voting
972members of the district authority:
973     (1)  Changes to toll structure.
974     (2)  Entering into financing arrangements involving a
975pledge of assets, toll revenues, or any ad valorem tax revenues.
976     (3)  Utilization of eminent domain provisions.
977     (4)  Approval of a plan to hold an ad valorem taxing
978authorization referendum.
979     (5)  Approval of any plan to seek legislative changes to
980this act.
981     Section 22.  INTERLOCAL COOPERATION.-For purposes of
982implementing the powers and authority of the district authority
983and assuring adequate funding for the construction, maintenance,
984and operation of infrastructure, and to ensure the security for
985any bonds issued by the district authority remains unimpaired,
986said district authority is empowered to enter into interlocal
987agreements pursuant to chapter 163, Florida Statutes, to
988exercise jointly with any other public agency of the state or
989Federal Government any power, privilege, or authority which such
990agencies or the district might exercise jointly.
991     Section 23.  PROPERTY APPRAISER, TAX COLLECTOR, FEES, OR
992COMMISSIONS.-The offices of the Lee County or Charlotte County
993Property Appraiser and Tax Collector shall be entitled to
994applicable fees and costs for the levy and collection of ad
995valorem taxes and non-ad valorem assessments pursuant to ss.
996197.3632 and 192.091, Florida Statutes.
997     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.