House Bill 3435e1
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HB 3435, First Engrossed
1 A bill to be entitled
2 An act relating to Lee County Mosquito Control
3 District, an independent special district;
4 providing for a codified charter of its special
5 acts in a single act and repealing all prior
6 special acts relating to the Lee County
7 Mosquito Control District as required by
8 chapter 97-255, Laws of Florida; creating and
9 establishing a mosquito control district in
10 said county and excepting therefrom certain
11 territory of said county and fixing the
12 boundaries of said district; dividing said
13 district into areas for the purpose of electing
14 members of the board of commissioners;
15 providing for the terms of office and
16 qualifications of the members of the board of
17 commissioners and providing the method and
18 times of elections; prescribing the powers and
19 duties of the board; setting the compensation
20 of the board; providing for audit of books and
21 time of meetings; providing procedure for
22 adopting a budget; giving the board the power
23 to tax and to levy assessments for special
24 benefits and providing the methods, procedure,
25 and limitations thereon; authorizing the board
26 to contract and cooperate with county, state,
27 and other governmental agencies in regard to
28 mosquito control or suppression; charging the
29 Lee County Health Unit or Health Department
30 with the responsibility with reference to
31 mosquito control; determining the status of
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HB 3435, First Engrossed
1 employees and providing a method by which such
2 responsibility shall terminate and declaring
3 the legislative policy with reference thereto;
4 providing penalty for damage to property;
5 providing that the records shall be filed in
6 the public records of Lee County; providing
7 limitations of actions; providing for the
8 repeal of all special acts relating to the Lee
9 County Mosquito Control District; granting to
10 the district created herein such powers as are
11 provided for mosquito control districts under
12 the laws of Florida; providing for
13 severability; providing that such act shall be
14 construed liberally; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Continuation of a mosquito control
20 district.--There is hereby provided for the continuation of
21 the Lee County Mosquito Control District, an independent
22 special district, the boundaries of which shall include all
23 territory of Lee County except the following described area:
24
25 DESCRIPTION
26
27 A tract or parcel of land lying in parts of
28 Township 46 South, Range 24 East and Township
29 46 South, Range 24 East and part of Township 47
30 South, Range 24 East, Lee County, Florida,
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HB 3435, First Engrossed
1 which tract or parcel, containing 14,615 acres
2 more or less, is described as follows:
3
4 BEGINNING at the southeast corner of Section
5 24, Township 46 South, Range 24 East, running
6 westerly along the south line of said section
7 for 2,700 feet more or less to the waters of
8 Estero Bay;
9
10 THENCE run southwesterly along a northwesterly
11 line across the waters of Estero Bay for 8,300
12 feet to a point of intersection;
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14 THENCE run southerly along a westerly line
15 across said Bay and Starvation Flats for 4,200
16 feet more or less to a point of intersection;
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18 THENCE run southeasterly, southerly and
19 southwesterly along a westerly line of said
20 area running across said Bay and Big Carlos
21 Pass for 10,000 feet more or less;
22
23 THENCE run northwesterly across Big Carlos Pass
24 and along the shoreline of Estero Island for
25 6,100 feet more or less to a point of
26 intersection;
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28 THENCE continue northwesterly along said
29 shoreline for 3,200 feet more or less to a
30 point of intersection;
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HB 3435, First Engrossed
1 THENCE continue along said shoreline
2 northwesterly for 22,800 feet more or less to a
3 point of intersection;
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5 THENCE run northwesterly along said shoreline
6 for 3,900 feet more or less to a point of
7 intersection;
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9 THENCE run northwesterly along said shoreline
10 and across San Carlos Bay for 8,000 feet more
11 or less to the intersection of a westerly
12 prolongation of the north line of Section 13,
13 Township 46 South, Range 23 East and the waters
14 of San Carlos Bay;
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16 THENCE run easterly along said prolongation and
17 said north line and the north line of Sections
18 18, 17, 16, 15, 14, and 13 to the northeast
19 corner of said Section 13, Township 46 South,
20 Range 24 East;
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22 THENCE run southerly along the easterly line of
23 said Section 13 and Section 24, Township 46
24 South, Range 24 East, for 10,600 feet more or
25 less to the Point of Beginning.
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27 Section 2. Division of district into areas.--The Board
28 of Commissioners of the Lee County Mosquito Control District
29 shall divide the district into seven residential areas for the
30 purpose of selecting members of the board of commissioners.
31 From the 1990 Federal Census and every 10 years thereafter,
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HB 3435, First Engrossed
1 the board of commissioners shall reestablish area boundaries
2 so that all areas are as nearly equal in population as
3 practicable based on the most recent decennial census.
4 Section 3. Board of commissioners; qualification;
5 election; term of office.--
6 (1) The business and affairs of the Lee County
7 Mosquito Control District shall be governed by a board of
8 seven commissioners, who shall constitute the Lee County
9 Mosquito Control Board, hereinafter referred to as the board.
10 (2) Each board member shall be a qualified elector
11 residing within the area from which elected; shall serve
12 staggered terms of 4 years, unless removed for cause by the
13 Governor; and shall be entitled to receive per diem and
14 mileage as provided by general law for expenses incurred while
15 performing official duties.
16 (3) One member of the board shall be elected from each
17 of the seven areas provided in section 2. Each member shall be
18 elected at large by a plurality vote of the qualified electors
19 of the district voting in a nonpartisan election to be held on
20 the date of the general election. Candidates for the office of
21 commissioner shall qualify in accordance with general law. If
22 the vote in the general election results in a tie, the outcome
23 shall be determined by lot. The term of office shall commence
24 on the second Tuesday following the election, but before
25 assuming office, each commissioner shall make and execute to
26 the Governor a good and sufficient surety bond in the amount
27 of not less than $2,000 conditioned upon the faithful
28 performance of the duties of his office, which bond shall be
29 approved by and filed with the Clerk of the Circuit Court of
30 Lee County. The expense of the bonds shall be borne by the
31 district.
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HB 3435, First Engrossed
1 (4) Vacancies created by resignation, death, or
2 removal from office shall be filled by appointment of the
3 Governor for the remainder of the term of office.
4 (5) This act shall not affect the terms of the members
5 serving on the board when this act takes effect except that
6 the term of each member shall expire in November of the year
7 in which his successor is to be elected. Any such members
8 whose terms do not expire in November 1984 shall serve for the
9 remainder of their terms, as shortened by this act, and shall
10 represent the area in which they reside.
11 Section 4. Election; ballots.--The Board of County
12 Commissioners of Lee County shall make the necessary
13 arrangements for setting up the elections of the board of
14 commissioners of the mosquito control district and shall
15 supply the necessary ballots and do all other things necessary
16 for said elections. The provisions of section 1(1)(a) of
17 chapter 81-414, Laws of Florida, relating to elections in
18 odd-numbered years shall not apply to the Lee County Mosquito
19 Control District.
20 Section 5. Powers and duties of the board of
21 commissioners.--
22 (1) The board of commissioners may do any and all
23 things necessary for the control and elimination of all
24 species of mosquitoes and other arthropods of public health
25 importance, either in the district, or in territory not in the
26 district, but within 5 miles of district boundaries, and so
27 situated with respect to the district that such mosquitoes or
28 arthropods from such territory may disperse into the district.
29 The board is authorized to use any and all mechanical,
30 physical, chemical, or biological control measures as the
31 board may deem necessary to accomplish the purposes of this
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HB 3435, First Engrossed
1 chapter. Should the owner of record of lands upon which
2 mosquito or other arthropod breeding occurs advise the board
3 of commissioners that said owner prefers that the district not
4 implement control measures upon that property, the board is
5 empowered to enter into an agreement whereby the owner of the
6 property will eliminate or control such mosquito or other
7 arthropod breeding, in a manner approved by the board, and at
8 the expense of the owner. Should the board of commissioners
9 have reason to believe that mosquito or other arthropod
10 breeding on such property is not effectively eliminated or
11 controlled by the owner of the property, the board shall
12 present information to the Director of the Lee County Health
13 Department indicating a belief that a mosquito problem exists
14 on said lands, which, if not eliminated or controlled, would
15 adversely affect nearby properties or residents. If the
16 Director of the Lee County Health Department concurs, he shall
17 issue an order, in writing, authorizing the board of
18 commissioners to take such action as it may deem necessary.
19 Upon issuance of any order by the Director of the Lee County
20 Health Department, the board of commissioners and its agents
21 or employees are specifically authorized to enter without
22 hindrance upon such lands for the purpose of inspections to
23 ascertain whether breeding places of mosquitoes or other
24 arthropods exist upon such lands; to abate such public
25 nuisances in accordance with this chapter; or to ascertain if
26 notices to abate the breeding of mosquitoes or other
27 arthropods upon such lands have been complied with.
28 (2) The board of commissioners shall have all the
29 powers of a body corporate including the power to sue and be
30 sued as a corporation in said name in any court; to contract;
31 to adopt and use a common seal and alter the same at pleasure;
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HB 3435, First Engrossed
1 to purchase, hold, lease, and convey such real estate and
2 personal property as the board may deem proper to carry out
3 the purposes of this law; to prescribe rules and regulations
4 for the marking of such property; to secure letters of patent,
5 copyrights, and trademarks, both foreign and domestic, on any
6 work products, and to enforce its rights therein; to operate
7 airports and air navigation facilities within the district's
8 boundaries in accordance with chapter 332, Florida Statutes;
9 to employ such experts, agents, and employees as the board may
10 require; to provide uniforms for district employees; to
11 participate with employees in a family group insurance plan;
12 to contract and cooperate with county, state, and other
13 governmental agencies in regard to mosquito control or
14 suppression; to borrow money in conformance with
15 constitutional provisions and general law in an amount not to
16 exceed $1 on each $1,000 of assessed valuation of property in
17 the district for a period of time not to exceed 1 year, and to
18 issue negotiable promissory notes and bonds in an amount not
19 to exceed $1 on each $1,000 of assessed valuation of property
20 in the district, to enable it to carry out the provisions of
21 this law. The board of commissioners is authorized to loan
22 moneys to the Lee County Hyacinth Control District by a
23 transfer of funds between accounts, provided that such loans
24 or transfers shall be repaid within the fiscal year in which
25 they are made.
26 Section 6. Organization of the board.--As soon as is
27 practicable after the commissioners have been appointed or
28 elected and have qualified, they shall meet and organize by
29 electing one of their members as chair, one as vice chair, and
30 one as secretary treasurer. In all meetings four members shall
31 be necessary to transact business.
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HB 3435, First Engrossed
1 Section 7. Salary of the board.--The commissioners
2 under this chapter may receive compensation as authorized by
3 s. 388.141, Florida Statutes, for services pertaining to
4 mosquito control work.
5 Section 8. Audit.--The books and accounts of said
6 mosquito control district shall be audited annually by the
7 same officers and in like manner as the books of other county
8 officers, or, at the discretion of the board, by a certified
9 public accountant selected by the board.
10 Section 9. Breeding places.--
11 (1) Any breeding place for any species of mosquitoes,
12 or any other arthropod of public health importance, which
13 exists by reason of any use made of the land on which it is
14 found, or of any artificial change in its natural condition,
15 is hereby declared to be a public nuisance. Such nuisance may
16 be abated as provided by this chapter or by any other law.
17 (2) Whenever a nuisance specified in this chapter
18 exists upon any property in the district, the board of
19 commissioners may notify in writing the owner of the party in
20 possession, or the agent of either, of the existence of the
21 nuisance. The notice shall state the finding of the district
22 that a public nuisance exists on the property and the
23 approximate location of such nuisance on such property. The
24 notice shall be served upon the owner of record, or the person
25 having possession, or upon the agent of either. The notice
26 shall be served by any person authorized by the board in the
27 same manner as a summons in a civil action. If the property
28 belongs to a person who is not a resident of the district, and
29 is not in charge or possession of any person, and there is no
30 tenant or agent of the owner upon whom service can be made,
31 who can after diligent search be found; or if the owner of the
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HB 3435, First Engrossed
1 property cannot after diligent search be found, the notice
2 shall be served by posting a copy in a conspicuous place upon
3 the property for a period of 10 days, and by mailing a copy to
4 the owner addressed to his address as given on the last
5 completed assessment roll of the county in which the property
6 is situated, or, in the absence of an address on the roll, to
7 his last known address. Before complying with the requirements
8 of the notice the owner or party in possession may appear at a
9 hearing before the board at a time and place fixed by the
10 board and stated in the notice. At the hearing, the district
11 board shall determine whether the initial finding as set forth
12 in the notice is correct and shall permit the owner or party
13 in possession to present testimony in his behalf. If, after
14 hearing all the facts, the board makes a determination that a
15 nuisance exists on the property, the board shall order
16 compliance with the requirements of the notice or with
17 alternate instructions issued by the board.
18 (3) Any recurrence of the nuisance may be deemed to be
19 a continuation of the original nuisance.
20 (4) In the event that the nuisance is not abated
21 within the time specified in the notice or at the hearing, by
22 appropriate measures to eliminate continuance or to prevent
23 its recurrence, the board of commissioners may abate the
24 nuisance by taking any measures it deems appropriate to
25 prevent the recurrence of further breeding. The cost of
26 abatement of a nuisance under this section shall be repaid to
27 the district by the owner of the property.
28 (5) When any nuisance specified in this chapter is
29 found to exist on any lands or property subject to the control
30 of any public agency, the district shall notify the public
31 agency of the existence of the nuisance. The provisions of
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HB 3435, First Engrossed
1 this section relating to the contents of the notice, the
2 manner of serving it, the right of the public agency to a
3 hearing before the board, and the power of the district to
4 abate the nuisance if it is not abated by the public agency,
5 shall apply. If the public agency determines that the order to
6 prevent recurrence of the breeding specified in the notice to
7 abate the nuisance is excessive or inappropriate for the
8 intended use of the land, or if the public agency determines
9 that a public nuisance within the meaning of this chapter does
10 not exist, such public agency may appeal the decision of the
11 board in accordance with "The State Agency Dispute Settlement
12 Act of 1978." If the control of the nuisance is performed by
13 the district, the cost for such control is a charge against,
14 and shall be paid from, the maintenance fund or from any other
15 funds budgeted for the support of the public agency.
16 (6) All sums expended by the district in abating a
17 nuisance, or preventing its recurrence, shall become a lien
18 upon the property on which the nuisance is abated, or its
19 recurrence prevented.
20 Section 10. Meetings.--The board of commissioners of
21 the district shall hold monthly meetings which shall be open
22 to the public. Reasonable expenses of members in attending
23 meetings may be approved for payment by the board of
24 commissioners.
25 Section 11. Budget; hearings.--The fiscal year of Lee
26 County Mosquito Control District shall be the 12-month period
27 extending from October 1 each year through September 30 of the
28 following year. The board shall prepare a tentative budget for
29 the district covering its proposed operation and requirements
30 for the ensuing fiscal year. The proposed budget shall be
31 advertised, public hearings held, and a final budget adopted
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HB 3435, First Engrossed
1 in accordance with the provisions of chapter 189, and ss.
2 200.065 and 218.34, Florida Statutes.
3 Section 12. Eminent domain.--The board may hold
4 control and acquire by gift or purchase any real or personal
5 property for the use of the district and may condemn any land
6 or easements needed to carry out the purposes of this act. The
7 board may exercise the right of eminent domain and institute
8 and maintain condemnation proceedings as provided in chapter
9 73, Florida Statutes.
10 Section 13. Tax levy.--
11 (1) The board of commissioners of the mosquito control
12 district may levy upon all of the taxable property in the
13 district a special tax not exceeding 1 mill on the dollar
14 during each year solely for the purposes authorized and
15 prescribed by this act. The levy shall be made each year in
16 accordance with chapter 200, Florida Statutes. The board of
17 county commissioners shall order the property appraiser of the
18 county to assess and the tax collector of the county to
19 collect the amount of taxes so assessed and levied by the
20 board of commissioners of said mosquito control district upon
21 all of the taxable property in the district at the rate of
22 taxation adopted by the board for the year and included in the
23 resolution, and the levy shall be included in the warrants of
24 the property appraiser, and attached to the assessment roll of
25 taxes for the county each year. Fees shall be paid to the
26 property appraiser and to the tax collector in accordance with
27 law. The tax collector shall collect such taxes so levied by
28 the board in the same manner as other taxes are collected and
29 shall pay the same within the time and in the manner
30 prescribed by law to the treasurer of the board. The
31 Department of Revenue shall assess and levy on all the
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HB 3435, First Engrossed
1 railroad lines and railroad property and telegraph and
2 telephone lines and telegraph and telephone property situated
3 in the county in the amount of each such levy as in the case
4 of other state and county taxes, and collect the taxes thereon
5 in the same manner as the department is required by law to
6 assess and collect taxes for state and county purposes, and
7 remit the same to the treasurer of the board. All such taxes
8 shall be held by the treasurer for the credit of the board and
9 paid out as ordered by the board.
10 (2) The Legislature does determine that the
11 eradication and control of mosquitoes within the district is
12 of special benefit and constitutes a special improvement for
13 the benefit of the district and the property located therein,
14 and is therefore subject to assessment for special benefits
15 and the board of commissioners of the district is authorized
16 to levy upon all of the property in the district assessments
17 for special benefits. However, the total amount of any such
18 assessment levied under this subsection shall not exceed an
19 amount equal to 1 mill on the dollar of the total valuation of
20 the property so assessed and the total on any tax that might
21 be levied under subsection (1) and the assessment for special
22 benefits levied under this section shall not amount to a sum
23 which would be in excess of an amount equal to 1 mill of the
24 value of any such property.
25 Section 14. Qualifications of director; advertisement
26 of contracts.--All work done under the provisions of this act,
27 both in construction and maintenance, shall be carried on
28 under the supervision of an individual determined by the board
29 to be well qualified to administer the programs authorized by
30 this act. The board may have all work performed by contract
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HB 3435, First Engrossed
1 with or without advertisement, or without contract, by
2 machinery, equipment and labor employed directly by the board.
3 Section 15. Penalty for damage to property.--Whoever
4 shall willfully damage any of the property of the mosquito
5 control district created under this act or any works
6 constructed, maintained, or controlled by the mosquito control
7 district or who shall obstruct or cause to be obstructed any
8 of the operations of the mosquito control district taken under
9 this chapter, shall be punished as provided by general law.
10 Section 16. Dissolution of districts.--Three mosquito
11 control districts in Lee County created under the provisions
12 of chapters 388, 389, and 390, Florida Statutes, and known as
13 Boca Grande District, the Sanibel-Captiva District, and the
14 Fort Myers District have heretofore been abolished and
15 dissolved, and are no longer in existence.
16 Section 17. Transfer of assets and liabilities.--All
17 assets, including equipment, moneys on hand, easements, and
18 rights of any kind and nature belonging to the three above
19 named districts, or the district created under chapter
20 65-1820, chapter 57-2059, and chapter 61-2394, Laws of
21 Florida, together with all of the liabilities incurred by said
22 districts are hereby assigned to and made property and
23 obligations of the Lee County Mosquito Control District,
24 provided that after the lapse of 6 months from May 15, 1961,
25 no action shall be brought or instituted upon any bond,
26 interest coupon, bond credit, certificate of indebtedness,
27 note or any other debt, claim or liability outstanding, due,
28 or owing by the Fort Myers Mosquito Control District, Boca
29 Grande Mosquito Control District, and Sanibel-Captiva Mosquito
30 Control District.
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HB 3435, First Engrossed
1 Section 18. Books and records.--All books and records
2 of the district shall become a part of the records of the
3 district continued by this act.
4 Section 19. Purpose.--The abatement and control of
5 mosquitoes within Lee County is advisable and necessary for
6 the maintenance and improvement of the health, comfort,
7 welfare, and prosperity of the people thereof; and is found
8 and declared to be for public health and other public
9 purposes.
10 Section 20. Responsibility; duties.--The Lee County
11 Health Unit, also referred to and known as the Lee County
12 Health Department, established by the board of county
13 commissioners on June 7, 1950, is charged with the
14 responsibility of abating or suppressing mosquitoes in Lee
15 County. The director of said health unit or health department
16 shall cause to be done any and all work and all things
17 necessary for the control and elimination of mosquitoes in the
18 county wherever such work is necessary and he is empowered to
19 use such means, physical or chemical, as may be necessary to
20 accomplish the objects of this act. All employees engaged in
21 such work shall be considered employees of the Lee County
22 Health Unit regardless of the fact that their salaries or
23 wages are paid by the Board of Commissioners of the Lee County
24 Mosquito Control District, and regardless of the fact that the
25 determination as to who is to be employed and the wages or
26 salaries to be paid is made by the Board of Commissioners of
27 the Lee County Mosquito Control District, and the records are
28 kept by said board.
29 Section 21. Alternate plan.--The purpose of section
30 20, is to coordinate certain activities between the Lee County
31 Health Unit or Health Department and the Lee County Mosquito
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HB 3435, First Engrossed
1 Control District in an effort to best serve the interest and
2 welfare of the Lee County Mosquito Control District and the
3 property owners and residents thereof. If the Board of
4 Commissioners of the Lee County Mosquito Control District
5 should make a study or, by reason of the experience in
6 handling the affairs of said district, determine that it is
7 not in the best interest of the Lee County Mosquito Control
8 District and the property owners and residents thereof to
9 continue in the Lee County Health Unit or Health Department
10 the responsibilities, powers, duties, and authority and that
11 the continuation of the responsibilities, powers, duties, and
12 authority in such unit or department is not advantageous to
13 the Lee County Mosquito Control District, it is declared to be
14 the legislative intent that the Board of Commissioners of the
15 Lee County Mosquito Control District may pass a resolution so
16 determining and finding and, upon the passage of such
17 resolution, any and all such powers, duties, responsibilities,
18 and authority given to the Lee County Health Unit or Health
19 Department shall immediately vest in the Lee County Mosquito
20 Control District and the employees shall become the employees
21 of the Lee County Mosquito Control District and the provisions
22 of section 20 shall, insofar as they or any of them relate to
23 Lee County Health Unit or Health Department, be of no further
24 force and effect.
25 Section 22. All prior special acts relating to the Lee
26 County Mosquito Control District are hereby repealed. They are
27 chapters 57-1520, 57-2059, 61-2394, 63-1542, 65-1820, 65-1831,
28 67-1630, 72-598, 79-493, 82-316, 83-442, and 95-517, Laws of
29 Florida. It is the intent that this act shall be the single
30 act that codifies all prior special acts related to the Lee
31 County Mosquito Control District upon this act becoming a law.
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HB 3435, First Engrossed
1 Section 23. The district created by this act and the
2 board of commissioners shall have the right to use any and all
3 privileges or powers which are granted to mosquito control
4 districts under the general laws of this state.
5 Section 24. It is declared to be the legislative
6 intent that this act shall be construed liberally.
7 Section 25. It is declared to be the legislative
8 intent that if any section, subsection, sentence, clause, or
9 provision or part thereof of this act is held invalid,
10 unenforceable or unconstitutional it shall not affect the
11 remainder of the act and the remainder of the act shall remain
12 in force and effect as if the invalid portion of the act had
13 not been enacted.
14 Nothing in this act shall change existing law as to
15 whether or the extent to which the provisions of Chapters 253,
16 369, 373, 388, 403, Florida Statutes, shall apply.
17 Section 26. This act shall take effect upon becoming a
18 law.
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