Senate Bill 1782

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



    Florida Senate - 1998        (NP)                      SB 1782

    By Senators Grant, Crist, Lee and Hargrett





    13-456A-98

  1                      A bill to be entitled

  2         An act relating to the Carrollwood Recreation

  3         District, Hillsborough County; consolidating,

  4         compiling, and codifying extant laws pertaining

  5         to the district; providing legislative intent;

  6         deleting provisions that have expired, have had

  7         their effect, have served their purpose, or

  8         have been impliedly repealed or superseded;

  9         replacing incorrect cross-references and

10         citations; correcting grammatical,

11         typographical, and like errors; removing

12         inconsistencies, redundancies, and unnecessary

13         repetition; improving clarity and facilitating

14         correct interpretation; providing notice that

15         the district is an independent special district

16         approved by referendum; adding definitions;

17         providing for election of trustees; revising

18         ballot language requirements; providing that

19         the district elect one secretary; providing

20         that the board is a public body and shall

21         conduct its business accordingly; conforming

22         the law to s. 768.28, F.S., relating to

23         trustees' civil liability and immunity from

24         suit; consolidating the powers and duties of

25         the board into a single section; conforming the

26         law to the actual business practices of the

27         district, routine in nature but not previously

28         enumerated, including the power and duty to

29         perform duties required by general law, when

30         applicable, relating to special districts and

31         to the levy of non-ad valorem assessments, to

                                  1

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         operate, supervise, and maintain recreational

  2         facilities or to contract for same, to insure

  3         the facilities, properties, operation, and

  4         trustees of the district, to establish, charge,

  5         and collect fees for use of the facilities, to

  6         direct the supervisor to place certain

  7         referenda on the ballot, and to employ

  8         personnel, including security guards and

  9         certified law enforcement officers; conforming

10         the law to the requirements of ch. 197, F.S.,

11         relating to non-ad valorem assessments;

12         providing for dissolution of the district in

13         accordance with general law; providing a

14         savings clause; repealing chs. 72-565, 75-385,

15         81-394, 84-445, Laws of Florida, relating to

16         the district; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  It is the intent of the Legislature that

21  this act supersede chapter 72-565, Laws of Florida, and

22  amendments thereto, which provide for the Carrollwood

23  Recreation District and that it is deemed a codification of

24  previously existing legislation relating to the Carrollwood

25  Recreation District. This codification also is to act as a

26  reviser's bill, deleting provisions that have expired, have

27  had their effect, have served their purpose, or have been

28  impliedly repealed or superseded; replacing incorrect

29  cross-references and citations; correcting grammatical,

30  typographical, and like errors; removing inconsistencies,

31  redundancies, and unnecessary repetition; and improving

                                  2

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  clarity and facilitating correct interpretation. It is also

  2  the intent of the Legislature to conform the special act to

  3  the extent possible with the requirements of chapter 189,

  4  Florida Statutes, relating to special districts; chapter 197,

  5  Florida Statutes, relating to non-ad valorem assessments; and

  6  subsection (3) of section 768.1355, Florida Statutes, relating

  7  to civil liability, and to reflect the actual business

  8  practices of the district in instances when those practices

  9  have not previously been enumerated as a power or duty of the

10  district.

11         Section 2.  (1)  The area described in section 3 is an

12  independent special district approved by referendum on

13  December 5, 1972; is to be called the Carrollwood Recreation

14  District; and has the powers and duties set forth in this act.

15         (2)  Each improved residential parcel is uniformly

16  benefited by the provisions of this act and shall be assessed

17  equally a recreation district tax provided for in this act.

18         (3)  Use of the facilities and property of the district

19  is limited to residents and nonresident property owners within

20  the district and their family members and guests and such

21  other persons and groups as the board authorizes.

22         Section 3.  (1)  Included in the district are:

23         (a)  Carrollwood Subdivision, Hillsborough County,

24  Florida:

25

26  UNIT NO.                  PLAT BOOK                   PAGE NO.

27     1                          35                         40

28     2                          35                         54

29     3                          35                         76

30     4                          37                          2

31     5                          37                         62

                                  3

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1     6                          37                         41

  2     7                          38                         27

  3     8                          38                         62

  4     9                          38                         63

  5    10                          38                         81

  6    11                          39                         31

  7    12                          39                          4

  8    13                          39                         42

  9    14                          39                         86

10    15                          40                          1

11    16                          39                         97

12    17                          40                         53

13    18                          40                         50

14    19                          41                         36

15    20                          41                          8

16    21                          42                         39

17    22-A                        43                         73

18    22-B                        43                         72

19    23                          42                         85

20    24                          43                          9

21    25                          43                         29

22    26                          43                         37

23    27                          43                         81

24    28                        Unplatted

25

26         (b)  Tract in the West 1/2 of the Northeast 1/4 of the

27  Southeast 1/4 of Section 16, Township 28 south, Range 18 East,

28  Hillsborough County, Florida, which is a tract of 5.117 acres

29  containing the Carrollbrook Condominium Townhouses.

30  (Unplatted)

31

                                  4

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         (c)  Tract South 1025 feet of West 1/2 of Southeast 1/4

  2  of Northeast 1/4 of Section 16, Township 28 South, Range 18

  3  East, Hillsborough County, Florida, lying East of Dale Mabry

  4  Highway. (Unplatted)

  5         (2)  Any property deeded to or purchased by or leased

  6  as lessor or lessee by the board and any improvement to the

  7  land at the time of lease or purchase or made thereafter

  8  hereafter made are included in the district.

  9         Section 4.  As used in this act, the term:

10         (1)  "Board" means the governing body of the district.

11         (2)  "County" means Hillsborough County, Florida.

12         (3)  "District" means the Carrollwood Recreation

13  District.

14         (4)  "Improved residential parcel" means a platted lot

15  or lots on which a single-family home has been erected and

16  those units of Carrollbrook Condominium Townhouses described

17  in section 3.

18         (5)  "Levy" means the imposition of a non-ad valorem

19  assessment, stated in terms of rates, against all improved

20  residential parcels authorized by this act.

21         (6)  "Non-ad valorem assessment" means an assessment

22  that is not based upon millage and that may become a lien

23  against a homestead as permitted in section 4, Article X of

24  the State Constitution.

25         (7)  "Non-ad valorem assessment roll" means the roll

26  prepared by the district and certified to the tax collector

27  for collection.

28         (8)  "Recreation district tax" means a non-ad valorem

29  assessment against each improved residential parcel of the

30  district to be expended as provided by this act.

31

                                  5

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         (9)  "Resolution" means a formal, written expression,

  2  such as a copy of the minutes, of an action adopted by vote of

  3  the trustees.

  4         (10)  "Supervisor" means the supervisor of elections of

  5  the county.

  6         (11)  "Trustee" means a member of the governing body of

  7  the district.

  8         Section 5.  The business of the district shall be

  9  conducted by a board of nine trustees, each of whom shall

10  serve for a term of 2 years and may be subsequently reelected.

11         (1)  To serve on the board as a trustee, a person must

12  be a qualified elector residing within the district. To

13  qualify to have his or her name placed on the ballot, a person

14  shall present a written petition to the supervisor in

15  even-numbered years during the time period specified by

16  section 99.061, Florida Statutes, and in odd-numbered years at

17  any time after noon of the 50th day prior to the election but

18  not later than noon of the 46th day prior to the election. A

19  petition must be signed by not fewer than 15 qualified

20  electors of the district. Any candidate who collects and

21  expends campaign contributions shall do so in accordance with

22  chapter 106, Florida Statutes. A candidate is exempt from the

23  provisions of chapter 106, Florida Statutes, which requires

24  the establishment of a bank account, appointing a campaign

25  treasurer, and filing periodic reports if, at the time of

26  qualifying, that candidate declares in writing to the

27  supervisor that he or she will not collect or expend any

28  campaign contributions except for the expenditure of funds for

29  the cost of verification of signatures on petitions.

30         (2)  The board shall provide each residence in the

31  district written notification of the names of the candidates

                                  6

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  for trustees not less than 15 days before the date of the

  2  election for which the candidates have qualified. The board

  3  shall also publish notice of the names of the candidates one

  4  time at least 10 days before the election in a newspaper of

  5  general circulation in the county.

  6         (3)(a)  Elections shall be held annually at designated

  7  polling places within the district. In even-numbered years,

  8  the election shall be held at the same time as the statewide

  9  first primary election as designated in section 100.061,

10  Florida Statutes. In odd-numbered years, the election shall be

11  held on the first Tuesday that falls on the 6th day or later

12  in September, except that if a special election for any

13  purpose is called for a date in September, the election may be

14  held at the same time and in conjunction with the special

15  election. At each election, either four or five trustees, as

16  the case may be, shall be elected for a term of 2 years. The

17  candidates receiving the highest number of votes cast shall be

18  declared elected to fill the number of vacancies to be filled

19  on the board and shall receive a certificate of election from

20  the supervisor. Elections shall be between the hours of 7 a.m.

21  and 7 p.m., or at such other times as are provided for the

22  statewide first primary election in even-numbered years or a

23  corresponding special election in September of odd-numbered

24  years, and shall be conducted by the supervisor. All matters

25  relating to conducting elections not provided for in this act

26  shall be governed by the state election code.

27         (b)  All qualified electors residing within the

28  district are eligible to vote in district elections, providing

29  such electors have registered to vote before the closing of

30  the registration records for such election. All election

31

                                  7

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  ballots shall be prepared by the supervisor, and the ballot

  2  language shall be substantially in the following form:

  3       Board of Trustees of Carrollwood Recreation District

  4                      (stating their names).

  5         (c)  The supervisor shall canvass the returns of the

  6  election and announce the results upon completion. In case two

  7  persons receive an equal and highest number of votes for the

  8  last position to be filled, under the supervision of the

  9  supervisor, such persons shall draw lots to determine who

10  shall be elected to the office.

11         (4)  The cost of conducting trustee elections and any

12  referendum as further provided in this act, including

13  compensation for any additional persons employed by the

14  supervisor in excess of those costs already required by any

15  other election being held on the same date, shall be fixed by

16  the supervisor with the approval of the board of trustees and

17  shall be paid by the board on behalf of the district.

18         Section 6.  The business of the district shall be

19  conducted in the following manner:

20         (1)  Each trustee shall take office October 1

21  immediately following election and shall serve until his

22  successor is elected and qualified or appointed as provided by

23  this act.

24         (2)  The fiscal year of the district shall begin

25  October 1, and, as soon thereafter as practicable, the board

26  shall elect from its membership a president, a vice president,

27  a secretary, and a treasurer. Six trustees constitute a

28  quorum, and the board may not conduct official business

29  without a quorum present. A vote of a majority of the quorum

30  is required to pass any motion or resolution before the board.

31  A record shall be kept of each meeting of the board. The board

                                  8

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  shall conduct its business as a public body and is subject to

  2  all laws of the state relating to open government, financial

  3  disclosure, avoidance of conflicts of interest, and ethics.

  4         (3)  A trustee is not entitled to compensation for

  5  services rendered on behalf of the district, but is entitled

  6  to be reimbursed from funds of the district for any authorized

  7  disbursements properly incurred in behalf of the district. The

  8  president and either the vice president or treasurer are

  9  authorized to execute checks and documents on behalf of the

10  district. Any trustee authorized to sign checks of the

11  district or otherwise designated to handle its funds shall,

12  before entering upon such duties, execute to the Governor of

13  the state for the benefit of the district a good and

14  sufficient bond approved by a circuit judge of Hillsborough

15  County in the sum of $5,000 with a qualified corporate surety,

16  conditioned to faithfully perform the duties of a trustee and

17  to account for any district funds to which he or she may have

18  access.

19         (4)  In accordance with subsection (3) of section

20  768.1355, Florida Statutes, members of the governing board of

21  the district shall incur no civil liability and shall have

22  immunity from suit as provided in section 768.28, Florida

23  Statutes, for acts or omissions relating to conduct of the

24  official duties of the board.

25         Section 7.  The board has the power and duty to:

26         (1)  Levy a non-ad valorem assessment, known as a

27  "recreation district tax," against each improved residential

28  parcel within the district for the purpose of funding the

29  needs of the district as provided in this act.

30         (2)  Perform other duties, when applicable, required by

31  chapter 189, Florida Statutes, relating to special districts

                                  9

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  and for the levy, collection, and enforcement of the non-ad

  2  valorem assessment pursuant to chapter 197, Florida Statutes,

  3  and this act.

  4         (3)  Designate a depository to which recreation

  5  district tax revenues collected are to be deposited by the tax

  6  collector.

  7         (4)  Purchase and lease as lessor or lessee real and

  8  personal property on behalf of the district and pay for such

  9  purchases either with cash or by the issuance of bonds or

10  revenue certificates.

11         (5)  Sell the real and personal property of the

12  district.

13         (6)  Construct and improve real and personal property

14  of the district.

15         (7)  Operate, supervise, and maintain recreational

16  facilities or enter into arrangements with others for such

17  operation and maintenance pursuant to contract or lease or

18  otherwise.

19         (8)  Adequately insure the facilities, properties, and

20  operations of the district as well as the trustees of the

21  district, jointly and severally, in the performance of their

22  duties if the board finds such insurance to be necessary.

23         (9)  Establish, charge, and collect reasonable fees for

24  admission to or use of recreational facilities, provided the

25  use of the facilities is extended to residents and nonresident

26  owners within the district and their family members and guests

27  and such other persons and groups as the board authorizes, and

28  apply such fees to the operation, maintenance, improvement, or

29  acquisition of recreational facilities and to the payment of

30  bonds, notes, or revenue certificates of the district.

31

                                  10

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         (10)(a)  Incur debt and other obligations on behalf of

  2  the district, including issuing bonds, refunding bonds, or

  3  other obligations issued for such purposes or notes and other

  4  evidence of indebtedness of the district for the purpose of

  5  obtaining funds for the operation of the district, including

  6  the purchase of lands, buildings, and other improvements;

  7  however, the aggregate amount of all obligations of the

  8  district payable in any fiscal year may not exceed the

  9  aggregate amount of all revenue received by the district from

10  all sources during such fiscal year. Such obligations may be

11  authorized by resolution and may contain such terms,

12  covenants, and conditions and may be in such form, either

13  coupon or registered, as such resolution or subsequent

14  resolution may provide. Bonds may be issued to finance, in

15  whole or in part, the cost of construction, acquisition, or

16  improvement of real and personal property of the district. The

17  trustees, in determining such costs, may include all costs and

18  estimated costs of the issuance of the bonds; all engineering,

19  inspection, fiscal, and legal expenses; all costs of

20  preliminary surveys, plans, maps, and specifications; initial

21  reserve funds for debt service; the costs of the services of

22  persons, firms, corporations, partnerships, or associations

23  employed; or consultants, advisors, or engineers or fiscal,

24  financial, or other experts in the planning, preparation, and

25  financing of the district, or any asset thereof, upon such

26  terms and conditions as the trustees find appropriate. The

27  bonds may be sold all at one time or in blocks from time to

28  time, at public or private sale, or, if refunding bonds, may

29  also be delivered and exchanged for the outstanding

30  obligations to be refunded thereby in such manner as

31  determined by the trustees by resolution. Pending the

                                  11

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1  preparation of the definitive bonds, interim certificates or

  2  receipts, or temporary bonds in such form and with such

  3  provisions as the trustees determine may be issued to the

  4  purchaser or purchasers of the bonds sold pursuant to this

  5  act. The bonds, and such interim certificates or receipts or

  6  temporary bonds, shall be fully negotiable.

  7         (b)  Secure bonds, notes, or other certificates of

  8  indebtedness and interest thereon by pledging to the punctual

  9  payment of such obligations recreation district tax revenues,

10  by mortgaging property owned by the district, and by pledging

11  an amount of the revenue derived from fees charged for the use

12  of the facilities and services of the district.

13         (c)  Deliver purchase-money notes and mortgages.

14         (d)  Create and maintain reasonable reserves for the

15  repayment of such obligations.

16         (11)  Prepare a financial statement of revenue and

17  expenditures during the prior fiscal year and a balance sheet

18  as of the close of the fiscal year annually by November 30.

19         (12)(a)  Prepare and adopt by July 1 annually an

20  itemized budget, including projected revenues and expenditures

21  for the next fiscal year, which reflects the district tax to

22  be assessed and collected upon the taxable property of the

23  district for the next year.

24         (b)  Hold a public hearing at which time property

25  owners within the district may appear and be heard before the

26  adoption of the budget and provide notice of the time and

27  place of the public hearing once in a newspaper of general

28  circulation within the county not less than 21 days before the

29  public hearing.

30         (c)  Fix by August 1 annually the tax to be assessed

31  annually.

                                  12

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         (d)  Transfer funds between line items of the budget,

  2  after its adoption, a maximum of 20 percent to meet unforeseen

  3  contingencies.

  4         (13)  Direct the supervisor by resolution of the board

  5  to place on the ballot a referendum to increase the maximum

  6  annual assessment to an amount greater than $300, the amount

  7  approved by referendum and in effect at the time this act

  8  becomes a law.

  9         (14)  Direct the supervisor by resolution of the board

10  to place on the ballot a referendum during any regularly

11  scheduled election or at the time of any special election

12  being conducted for other purposes within the district for any

13  purpose necessary to conducting the business of the district.

14         (15)  Enter into contracts.

15         (16)  Sue and be sued except as otherwise provided in

16  this act.

17         (17)  Fill for the unexpired term from among the

18  qualified electors of the district any vacancy that may occur

19  on the board by vote of the remaining trustees.

20         (18)  Remove for cause any trustee who fails to

21  discharge the duties of the position after due notice and an

22  opportunity to be heard upon charges of malfeasance or

23  misfeasance.

24         (19)  Receive gifts of real and personal property.

25         (20)  Install and maintain parkways and lighting.

26         (21)  Employ personnel, including private security

27  guards or off-duty certified law enforcement officers,

28  necessary for the operation and maintenance of the facilities

29  of the district.

30

31

                                  13

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         (22)  Pay from district funds the premium for a surety

  2  bond for specified trustees and any expense incurred on behalf

  3  of the district by a trustee as provided by this act.

  4         (23)  Adopt rules:

  5         (a)  For the use of real and personal property owned or

  6  leased as lessor or lessee by the district.

  7         (b)  To transact the business of the district and to

  8  carry out the provisions of this act.

  9         Section 8.  The tax collector shall include on the

10  combined notice for ad valorem and non-ad valorem assessments

11  as provided by section 197.3635, Florida Statutes, the non-ad

12  valorem assessment established by the board, and the

13  assessment shall be collected in the manner and form provided

14  for collection of non-ad valorem assessments by chapter 197,

15  Florida Statutes, subject to the conditions of section

16  197.3632, Florida Statutes. After deducting the fees provided

17  for in section 197.3632, Florida Statutes, the tax collector

18  shall deposit the remaining funds into the depository

19  designated by the board.

20         Section 9.  The non-ad valorem assessment is a valid

21  lien upon each improved residential parcel of land until it

22  has been paid or is barred by chapter 95, Florida Statutes,

23  and is considered a part of the non-ad valorem assessment for

24  Hillsborough County subject to the same penalties, charges,

25  fees, and remedies for enforcement and collection as provided

26  by chapter 197, Florida Statutes, for the collection of such

27  non-ad valorem assessments.

28         Section 10.  The depository designated pursuant to

29  subsection (3) of section 7 shall treat the funds in

30  accordance with the legal requirements for any public funds

31  which may be imposed upon any such depository.

                                  14

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






    Florida Senate - 1998        (NP)                      SB 1782
    13-456A-98




  1         Section 11.  The district may be dissolved in

  2  accordance with the provisions of section 189.4042, Florida

  3  Statutes.

  4         Section 12.  If any clause, section, or provision of

  5  this act is declared to be unconstitutional or invalid for any

  6  cause or reason, it shall be eliminated from this act, and the

  7  remaining portion of the act shall be in force and effect and

  8  be as valid as if such invalid portion thereof had not been

  9  incorporated therein.

10         Section 13.  The provisions of this act shall be

11  liberally construed in order to effectively carry out the

12  purpose of this act in the interest of the public.

13         Section 14.  Chapters 72-565, 75-385, 81-394, and

14  84-445, Laws of Florida, are repealed; however, the repeal

15  does not affect the prosecution of any cause of action that

16  accrued before the effective date of the repeal and does not

17  affect rules, actions, decisions, contracts, agreements,

18  obligations, and properties of the district existing before

19  the effective date of the repeal.

20         Section 15.  This act shall take effect upon becoming a

21  law.

22

23

24

25

26

27

28

29

30

31

                                  15