Florida Senate - 2014                            (NP)    SB 1548
       By Senator Gibson
       9-00929B-14                                           20141548__
    1                        A bill to be entitled                      
    2         An act relating to Duval County; creating the Duval
    3         County Library District to provide public library
    4         services in the county; providing district boundaries;
    5         establishing a governing board; providing membership
    6         and duties; providing district powers to be exercised
    7         by the governing board; authorizing the levy of ad
    8         valorem taxes and the issuance of bonds to support the
    9         district; establishing that the Jacksonville Board of
   10         Library Trustees reports to the governing board;
   11         providing membership and powers; providing for
   12         dissolution; requiring an annual report; providing for
   13         the use of ad valorem and other revenues; requiring a
   14         referendum; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. District establishment.—For the purposes of
   19  providing public library services; the assessment, levy, and
   20  collection of ad valorem taxes and user fees; the operation of
   21  district facilities and services; and all other purposes stated
   22  in this act consistent with chapter 189, Florida Statutes, and
   23  other applicable general law, a special district is hereby
   24  created and established in Duval County, to be known as the
   25  Duval County Library District.
   26         Section 2. Boundaries.—The boundaries of the Duval County
   27  Library District are coterminous with the boundaries of Duval
   28  County.
   29         Section 3. Governing board.—
   30         (1) MEMBERSHIP.—The district shall be governed by a board
   31  composed of the following five elected officials:
   32         (a) The Mayor of the City of Jacksonville.
   33         (b) Three members of the Jacksonville City Council
   34  appointed by the Jacksonville City Council. Such members shall
   35  serve for at least 1 year but not more than 2 years, and the
   36  Jacksonville City Council is empowered to set the lengths of
   37  terms of service of its appointees.
   38         (c) The chair of the Duval County School Board.
   39         (2) MEETINGS AND DUTIES.—The governing board shall meet at
   40  least quarterly and shall exercise the district powers as
   41  enumerated in section 4. The governing board shall receive
   42  reports and recommendations from the Jacksonville Board of
   43  Library Trustees. In setting the millage, the governing board
   44  shall consider the trustee board’s recommendation for a millage
   45  rate that provides for library stability and for library
   46  services that meet the community’s needs.
   47         Section 4. District powers.—
   48         (1) The district shall have the following powers, which
   49  shall be exercised by the governing board:
   50         (a) Ad valorem taxes.—The power to levy ad valorem taxes on
   51  all taxable property in the district at a rate of up to 1 mill
   52  in any year. The millage levied by the district for library
   53  purposes, when added to the millage levied by the City of
   54  Jacksonville, may not exceed the millage cap as provided by law
   55  for the city. If the Consolidated City of Jacksonville chooses
   56  to levy more than 19 mills, up to its cap of 20 mills, in any
   57  given year, the district’s right to levy up to 1 mill shall be
   58  reduced by the millage that is over and above 19 mills to ensure
   59  that the current total millage cap is not exceeded. The
   60  district’s millage cap of 1 mill may be increased only by the
   61  voters of Duval County through a referendum. The millage levied
   62  for library purposes shall be used exclusively for:
   63         1. The acquisition, construction, improvement, operation,
   64  maintenance, repair, renewal, and replacement of library and
   65  library-related facilities within the district; and
   66         2. The payment of debt service on district bonds.
   67         (b) Bonds.—In order to finance or refinance the
   68  acquisition, construction, and improvement of library and
   69  library-related facilities in the district, the district shall
   70  have:
   71         1. Any such powers granted to municipalities under part II
   72  of chapter 166, Florida Statutes, as well as all corresponding
   73  powers granted to counties under chapter 125, Florida Statutes,
   74  if:
   75         a. To the extent required by s. 12, Article VII of the
   76  State Constitution, bonds or other obligations of the district
   77  are approved at a referendum;
   78         b. The offer and sale of district obligations complies with
   79  s. 218.385, Florida Statutes;
   80         c. The obligations of the district bear interest at rates
   81  determined by the governing board in accordance with s. 215.84,
   82  Florida Statutes;
   83         d. Obligations of the district are not a debt or obligation
   84  of the City of Jacksonville. The face of the bond must include a
   85  statement to the effect that such obligations are solely
   86  obligations of the district, secured solely by the taxes or
   87  other revenues of the district pledged as security for the
   88  bonds, and that no holder or owner of such obligations has the
   89  right to payment of the principal, premium, if any, and interest
   90  on such obligations from the taxes or other revenues of the City
   91  of Jacksonville; and
   92         e. The sum of the maximum annual debt service on all bonds
   93  of the district secured by and payable from the proceeds of ad
   94  valorem taxes levied and collected by the district and
   95  outstanding at any time, including bonds proposed to be issued,
   96  and the amount required for the operation, maintenance, repair,
   97  renewal, and replacement of library and library-related
   98  facilities for the most recent complete fiscal year are shown by
   99  certificate of the district, delivered at the time of the
  100  issuance and delivery of such ad valorem tax bonds, and
  101  calculated as of the date of sale of such bonds, up to the
  102  amount raised from the levy by the district of millage at a rate
  103  of 1 mill on the assessed valuation of all taxable property in
  104  the district as shown on the tax rolls of the City of
  105  Jacksonville as of the valuation date immediately preceding the
  106  date of sale of the ad valorem tax bonds;
  107         2. The authority to validate obligations as provided under
  108  chapter 75, Florida Statutes;
  109         3. In addition to and without limiting the generality of
  110  paragraph (a) and this paragraph, the power to:
  111         a. Issue bonds, notes, and other certificates of
  112  indebtedness, or any form of tax or bond anticipation notes or
  113  certificates, or revenue bonds or notes if the proceeds of such
  114  bonds, notes, certificates of indebtedness, tax anticipation
  115  notes or certificates, or revenue bonds or notes are used to
  116  finance or refinance the acquisition, construction, and
  117  improvement of library and library-related facilities in the
  118  district. Bonds issued shall be secured by a lien upon and
  119  pledge of, and shall be payable from, the proceeds of ad valorem
  120  taxes to be levied on all taxable property in the district or
  121  from the proceeds of any fees, charges, fines, rentals, grants,
  122  or other sources of revenue of the district, or both. The
  123  district may make all customary or necessary covenants for the
  124  security of such obligations, including covenants to assure the
  125  adequacy of security and the proper collection, holding, and
  126  disposition thereof; capitalize interest and reserves in amounts
  127  the district’s governing board deems necessary; and pay from
  128  bond or note proceeds or other sources all costs of issuing such
  129  bonds or notes, including, without limiting the generality of
  130  the foregoing, fiscal expenses, legal expenses, bond insurance
  131  premiums, and printing expenses. Before issuing any bonds
  132  secured by ad valorem taxes, the district shall provide the
  133  certificate required by sub-subparagraph 1.e. regarding
  134  feasibility within the 1-mill cap.
  135         b. Issue such bonds, revenue bonds or notes, tax or bond
  136  anticipation notes, or other forms of indebtedness at such
  137  interest rate or rates as the governing board may determine.
  138         (c) Board of Trustees.—The power to appoint members to the
  139  Jacksonville Board of Library Trustees as provided in section 6.
  140         (d) Revenues.—The power to budget, appropriate, and pay
  141  revenues of the district to the Jacksonville Board of Library
  142  Trustees for providing district library services and for the
  143  operation, maintenance, repair, renewal, and replacement of
  144  library and library-related facilities in the district. When
  145  conveyed to the trustee board, such revenues shall be deemed
  146  revenues of the trustee board to be expended by the trustee
  147  board at its discretion pursuant to the powers granted under
  148  this act and subject to limitations contained in this act.
  149         (2) The district does not have the power of eminent domain.
  150         Section 5. The City of Jacksonville shall continue to own
  151  all real and personal property that it currently owns and shall
  152  be responsible for any associated debt for such owned assets
  153  unless and until the same are transferred by sale, lease, or
  154  otherwise to the district.
  155         Section 6. The Jacksonville Board of Library Trustees.—
  156         (1) MEMBERSHIP.—The trustee board, whose composition is
  157  described in s. 90.101 of the Jacksonville Ordinance Code, shall
  158  continue in existence on the effective date of the establishment
  159  of the district. Thereafter, the trustee board shall be subject
  160  to the following:
  161         (a) The term of a trustee shall continue until the term
  162  expires under existing law; thereafter, any vacancy shall be
  163  filled by the governing board.
  164         (b) The trustee board shall have 12 voting members; two
  165  members shall be appointed from and must reside in each of the
  166  five city council at-large groups, and two members shall be
  167  appointed at large. Members shall serve 4-year terms but may
  168  hold over until their respective successors are appointed and
  169  confirmed. The terms shall continue to be staggered so that
  170  three members are appointed to 4-year terms every year. A member
  171  appointed to the trustee board for two consecutive full terms
  172  may not be appointed to the next succeeding term.
  173         (c) The governing board may add nonvoting members to the
  174  trustee board.
  175         (d) Other than reimbursement for expenses allowed by law,
  176  voting or nonvoting members of the trustee board shall serve
  177  without compensation.
  178         (2) POWERS.—The trustee board:
  179         (a) May solicit funds and receive, accept, and exercise
  180  control over funds, property, gifts, legacies, or devises
  181  granted to the Jacksonville Public Library.
  182         (b) Shall employ and may discharge a library director and
  183  such other persons as necessary to conduct a free library
  184  service. The person employed as library director must have a
  185  master’s degree in library science and at least 5 years’
  186  experience in library administration.
  187         (c) Shall comply with the budget and audit requirements of
  188  applicable law and fully perform all duties prescribed by any
  189  trust instruments that convey property to the trustee board, but
  190  only to the extent that such trust instruments are not
  191  inconsistent with this act.
  192         (d) Shall be bound by all covenants securing any revenue
  193  bonds or notes issued by the governing board.
  194         (e) Shall have the power to:
  195         1. Manage, administer, operate, supervise, oversee, and
  196  maintain all library facilities and services, programs, and
  197  functions for the benefit of district residents.
  198         2. Purchase, lease, or otherwise acquire real and personal
  199  property and generally to take all other actions regarding such
  200  property as may be necessary in the prudent management,
  201  operation, and maintenance of district library services and
  202  facilities.
  203         3. Lease, grant, sell, or otherwise convey real property
  204  upon approval of the governing board.
  205         4. Dispose of personal property as necessary in the prudent
  206  management, operation, and maintenance of library services and
  207  facilities.
  208         5. Employ personnel and take all other actions consistent
  209  with generally accepted employment practices.
  210         6. Retain attorneys, accountants, architects, engineers,
  211  and other consultants and professionals. The district shall use
  212  the legal services of the Office of the General Counsel of the
  213  City of Jacksonville, except in those cases in which the Office
  214  of the General Counsel determines that the city legal staff
  215  cannot provide legal services in the required legal area.
  216         7. Accept gifts of money or property for the beneficial use
  217  of district residents and to act as trustee with full legal
  218  capacity to administer property conveyed to the district in
  219  trust by any private or public party.
  220         8. Contract with any other public body for the provision of
  221  library services. The district may use any of the services
  222  available to governmental units through the City of Jacksonville
  223  but is not required to do so. The use of such services shall be
  224  on a contractual basis.
  225         9. Apply for and accept any grant of money or property from
  226  any governmental body or private organization and enter into
  227  contracts incidental thereto.
  228         10. Serve as agent for, and enter into contracts on behalf
  229  of, the governing board, but only to the extent expressly
  230  approved by the governing board.
  231         11. Adopt and implement rules, policies, and procedures for
  232  the management, operation, and maintenance of library services
  233  and facilities in the district, and to set fees, fines, and
  234  other charges in connection with such operation and services.
  235         12. Contract, receive and expend money, sue and be sued,
  236  and generally perform all other acts necessary or incidental to
  237  the express powers and duties granted or imposed by this act or
  238  by an instrument of trust.
  239         (3) DISSOLUTION.—If the powers of the trustee board are
  240  rescinded or dissolved, all rights, title, and interest of the
  241  trustee board in property then owned by the trustee board
  242  reverts automatically to the governing board or its successor to
  243  be held in trust for the benefit of district residents for
  244  library purposes.
  245         (4) ANNUAL REPORT.—On or before July 1 of each year, the
  246  trustee board shall submit a written annual report to the
  247  district’s governing board as to the state of the library system
  248  and shall submit a recommendation for a proposed millage rate
  249  within the 1-mill cap which is required to provide for library
  250  stability and library services that meet the community’s needs.
  251         Section 7. Use of revenues.—
  252         (1) Ad valorem tax revenue of the district may be used only
  253  for:
  254         (a) Providing district library services;
  255         (b) Operating, maintaining, acquiring, constructing, and
  256  improving the library and library-related facilities in the
  257  district; or
  258         (c) Servicing debt incurred in financing or refinancing
  259  library and library-related facilities.
  260         (2) Notwithstanding any other provision of this act, the
  261  county or municipality may appropriate, and the Jacksonville
  262  Board of Library Trustees may accept and expend, funds for
  263  library facilities, services, programs, and operations that are
  264  supplemental to ad valorem tax revenues otherwise collected
  265  pursuant to this act. Further, a county or municipality may
  266  provide to the trustee board services and in-kind contributions
  267  of any nature in support of library facilities, services,
  268  programs, and operations.
  269         Section 8. Audit rights; transition period.—
  270         (1) AUDIT RIGHTS.—The Consolidated City of Jacksonville and
  271  Office of the City Council Auditor shall have the right to audit
  272  the district for any purpose without restriction.
  273         (2) TRANSITION PERIOD.—To facilitate the full transition of
  274  library operations from the City of Jacksonville to the
  275  district, there shall be a transition period. During the
  276  transition period, the district may defer or delay full
  277  operation of library operations, and the City of Jacksonville
  278  and the district are authorized to enter into any agreement that
  279  would facilitate the transition of library operations to the
  280  district.
  281         Section 9. Straw ballot.—The referendum in section 10 shall
  282  only be held if the straw ballot measure held on August 26,
  283  2014, is approved by the electors.
  284         Section 10. This act shall take effect only upon its
  285  approval by a majority vote of the electors of Duval County
  286  voting in a referendum to be held in conjunction with the
  287  election to be held in Duval County on March 24, 2015, except
  288  that this section and section 9 shall take effect upon becoming
  289  a law.