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


A

Senator Kirkpatrick moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    

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11  Senator Kirkpatrick moved the following amendment:

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13         Senate Amendment 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Short title.--This act shall be known and

18  may be cited as the "Alachua County Library District Act."

19         Section 2.  Alachua County Library District;

20  establishment; boundaries; governing board.--

21         (1)  ESTABLISHMENT.--There is hereby created the

22  Alachua County Library District, which is an independent

23  special taxing district created for the purpose of providing

24  the only library system services and facilities for all

25  citizens of Alachua County, excluding the school library

26  system, pursuant to this act.

27         (2)  BOUNDARIES.--The Alachua County Library District

28  shall be composed of all areas of Alachua County, Florida.

29         (3)  GOVERNING BOARD.--The Governing Board of the

30  Alachua County Library District, hereinafter referred to as

31  the "governing board," shall be composed of three members of

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  the Board of County Commissioners of Alachua County, to be

 2  selected by the board, and two members of the Gainesville City

 3  Commission, to be selected by the commission, who, when acting

 4  together as the governing board, shall sit not as county or

 5  city commissioners, but as members of the governing board of

 6  the district.

 7         Section 3.  Powers of the governing board.--The

 8  governing board shall have the power to:

 9         (1)  Annually levy an ad valorem tax upon taxable real

10  property within the district in the same manner as other

11  county and municipal ad valorem taxes are levied, provided

12  that:

13         (a)  The millage allocated to annual operating and

14  maintenance expenses of the district shall not exceed 1.5

15  mills.

16         (b)  The millage allocated to debt service shall not

17  exceed the amount necessary to pay the principal of, and

18  interest on, bonds issued under subsections (4) and (5).

19         (c)  The millage allocated to capital improvements

20  shall not exceed 0.5 mill annually until April 1, 2001, and

21  shall then be terminated. During any year in which the

22  governing body levies ad valorem taxes for the purpose of

23  servicing debt issued pursuant to subsection (5) of this

24  section, the maximum annual capital improvement millage

25  authorized by this subsection shall be reduced by the millage

26  actually levied to service such debt.

27         (2)  Purchase, lease, lease-purchase, construct, or

28  otherwise acquire capital projects related to the library

29  services and facilities of the district, and convey such

30  capital projects to the Alachua County Library Board of

31  Trustees in trust for the benefit of the residents in the

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  district. Lease-purchase arrangements may include such

 2  contracts and agreements deemed necessary or convenient by the

 3  governing board; any rental or other payments required

 4  thereunder may be secured by any lawfully available funds of

 5  the district.

 6         (3)  Appropriate and expend revenue of the district,

 7  subject to the limitations of this act.

 8         (4)  Issue limited tax bonds, notes, any other

 9  certificates of indebtedness, or any form of limited tax or

10  bond anticipation notes or certificates payable from all or

11  any portion of the 0.5 mill capital improvement millage

12  provided for in paragraph (1)(c), but only when the proceeds

13  of such bonds, notes, certificates of indebtedness, or tax or

14  bond anticipation notes or certificates are used to finance or

15  refinance capital projects related to library services or

16  facilities of the district. Bonds issued hereunder shall be

17  payable from taxes to be levied on all taxable property in the

18  district, but said taxes shall be limited to a maximum levy of

19  0.5 mill. In issuing such bonds or other forms of

20  indebtedness, the governing board may pledge the faith and

21  credit of the district for service of the debt to be incurred,

22  up to the 0.5 mill limit.

23         (5)  Issue bonds, notes, any other certificates of

24  indebtedness, or any form of tax or bond anticipation notes or

25  certificates payable from all or any portion of the ad valorem

26  tax revenues of the district, provided that if such bonds,

27  notes, certificates of indebtedness, or tax anticipation notes

28  or certificates mature more than 12 months after issuance:

29         (a)  The issuance thereof shall be approved by a

30  majority of the electors voting in a bond referendum conducted

31  pursuant to law; and

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1         (b)  The proceeds thereof shall be used only to finance

 2  or refinance capital projects related to library services or

 3  facilities of the district.

 4

 5  Bonds or other forms of indebtedness issued pursuant to this

 6  subsection shall be payable from ad valorem taxes to be levied

 7  on all taxable property in the district without limitation as

 8  to rate or amount. In issuing such bonds or other forms of

 9  indebtedness, the governing board may pledge the full faith

10  and credit of the district for service of the debt to be

11  incurred.

12         (6)  Issue revenue bonds, notes, including bond

13  anticipation notes, or other certificates of indebtedness

14  payable from the proceeds of any fees, charges, fines,

15  rentals, grants, or other sources of revenue, except ad

16  valorem taxes, which may be or may become available to the

17  district and, in connection therewith, to:

18         (a)  Pledge such revenues to the payment of such

19  revenue bonds, notes, or other certificates of indebtedness;

20         (b)  Make all customary or necessary covenants for the

21  security of such revenue bonds, notes, or other certificates

22  of indebtedness, including covenants to assure the adequacy of

23  such revenues and the proper collection, holding, and

24  disposition thereof;

25         (c)  Agree to pay some or all expenses of maintenance

26  and operation from sources other than pledged revenues, and

27  not to diminish the rate of taxation available therefor;

28         (d)  Capitalize interest and reserves in such amounts

29  as the governing board may deem necessary;

30         (e)  Pay all costs of issuance of such bonds, notes, or

31  other certificates of indebtedness, including fiscal, legal,

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  bond insurance, and printing expenses, from the proceeds of

 2  such bonds, notes, or other certificates of indebtedness or

 3  other sources; and

 4         (f)  Apply the proceeds of said revenue bonds, notes,

 5  or other certificates of indebtedness to the payment of the

 6  cost of any or all facilities or property, real or personal,

 7  including books, which said district is empowered to acquire,

 8  including all architectural, legal, engineering, and other

 9  professional costs incurred in connection therewith, or to the

10  refunding of previously issued revenue bonds, notes, or other

11  certificates of indebtedness.

12         (7)  Issue such bonds, revenue bonds, tax or bond

13  anticipation notes, or other forms of indebtedness at such

14  interest rate or rates as the governing board may determine

15  appropriate.

16         (8)  Appoint members to the Alachua County Library

17  Board of Trustees as provided in section 5.

18         (9)  Adopt an annual budget for the district and

19  establish service levels which shall meet or exceed the

20  operating standards established by Division of Library

21  Services of the Department of State under authority contained

22  in s. 257.15, Florida Statutes.

23         (10)  Appropriate and convey revenue of the district to

24  the Alachua County Library Board of Trustees for the operation

25  and maintenance of library services and facilities. When so

26  conveyed to the board of trustees, such revenues shall be

27  deemed revenues of the board of trustees, to be expended by

28  the trustees in accordance with the adopted budget and at

29  their discretion pursuant to the powers granted under section

30  6, subject to limitations contained in section 4.

31         (11)  Adopt a long-range facilities and development

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  plan for the library district, to be known as the "Alachua

 2  County Long-Range Library Facilities and Development Plan."

 3         (12)  Exercise powers of eminent domain over private

 4  property pursuant to law, but only where such property will be

 5  used for a public purpose related to library services and

 6  facilities. This power of eminent domain shall not extend to

 7  property owned by any municipality.

 8         (13)  Provide for the management, administration,

 9  operation, supervision, oversight, and maintenance of all

10  library facilities, and the services, programs, and functions

11  thereof, for the benefit of the residents of the Alachua

12  County Library District.

13         (14)  Purchase, lease, or otherwise acquire real and

14  personal property, and generally take all other actions

15  regarding such property as may be necessary in the prudent

16  management, operation, and maintenance of library district

17  services and facilities. However, all property, real or

18  personal, acquired by the Alachua County Library Board of

19  Trustees, from whatever source or by whatever means, shall be

20  deemed to be held in trust for the benefit of the residents of

21  the district for library purposes. If the Legislature should

22  ever rescind or dissolve, for whatever reason, all right,

23  title, and interest of the trustees in all property then owned

24  by the trustees, such right, title, and interest shall revert

25  automatically to the governing board, or its successor, to be

26  held in trust for the benefit of the residents of the district

27  for library purposes.

28         (15)  Dispose of personal property as necessary for the

29  prudent management, operation, and maintenance of library

30  services and facilities.

31         (16)  Provide for the employment of personnel and all

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  matters relative thereto through the development of a

 2  personnel system structured to the operation and development

 3  of a library district in accordance with current Alachua

 4  County Personnel Regulations.

 5         (17)  Retain attorneys, accountants, architects,

 6  engineers, and other consultants and professionals, pursuant

 7  to applicable general law.

 8         (18)  Contract with any county, city, or other public

 9  body for the provision of library services within or outside

10  the district, provided that library services outside the

11  district shall not be subsidized by the ad valorem revenues of

12  the district.

13         (19)  Apply for and accept any grant of money or

14  property from any governmental body or private organization

15  and enter into contracts incidental thereto.

16         (20)  Adopt rules for the regulation of its affairs and

17  the conduct of its business and perform all other acts

18  necessary to enable the governing board to properly carry out

19  the purposes of this act.

20         Section 4.  Use of tax revenues; supplemental

21  appropriations and in-kind services.--Ad valorem tax revenue

22  of the district shall be used for the following purposes only:

23         (1)  Operation and maintenance expenses of library

24  district services and facilities.

25         (2)  Capital expenditures related to library district

26  services and facilities.

27         (3)  Servicing debt incurred pursuant to this act.

28

29  Notwithstanding any other provision of this act, any county or

30  city may appropriate, and the Alachua County Library Board of

31  Trustees may accept and expend, funds for library facilities,

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  services, programs, and operations which are supplemental to

 2  ad valorem tax revenues otherwise collected pursuant to this

 3  act. Further, any county or city may provide to the board of

 4  trustees services and in-kind contributions of any nature

 5  whatsoever in support of library facilities, services,

 6  programs, and operations.

 7         Section 5.  Alachua County Library Board of Trustees;

 8  establishment and purpose; appointment of members, terms,

 9  removal, and vacancies; compensation; quorum, rules of

10  procedure, and seal.--

11         (1)  ESTABLISHMENT AND PURPOSE.--There is hereby

12  established the Alachua County Library Board of Trustees, a

13  public body corporate and politic, hereinafter referred to as

14  the "board of trustees."  The board of trustees shall be

15  deemed a public instrumentality, and exercise by the trustees

16  of the powers conferred by this act shall be deemed the

17  performance of an essential public function.

18         (2)  APPOINTMENT OF MEMBERS, TERMS, REMOVAL, AND

19  VACANCIES.--The board of trustees shall consist of seven

20  members appointed by the governing board, three of whom shall

21  be selected from a group of five persons nominated by the

22  Board of County Commissioners of Alachua County, three of whom

23  shall be selected from a group of five persons nominated by

24  the Gainesville City Commission, and one of whom shall be

25  selected from a group of three persons nominated by the

26  organization representing the other municipalities of Alachua

27  County.

28         (a)  Upon expiration of initial terms, all members

29  shall serve terms of 3 years, except that each member shall

30  continue to serve beyond his or her term until a successor is

31  nominated and appointed in the same manner as provided for

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  initial appointments, and the term of the successor shall be

 2  reduced by the amount of the predecessor's holdover.

 3  Nominations shall be submitted within 90 days after the

 4  expiration of a term. No member shall serve more than two full

 5  terms consecutively, or more than 8 consecutive years. No

 6  person employed by either Alachua County or the City of

 7  Gainesville shall serve on the board of trustees during the

 8  time of such employment. Further, no elected official of any

 9  county or municipality may serve on the board of trustees

10  during the term of elected office.

11         (b)  Any trustee may be removed by majority vote of the

12  governing board for good cause affecting his or her ability to

13  perform his or her duties as a member, or for misfeasance,

14  malfeasance, or nonfeasance in office, but only after a

15  hearing at which the trustee is given the right to present

16  evidence in his or her own behalf and only upon a finding by

17  majority vote of the governing board that good cause for

18  removal affecting the member's ability to perform the duties

19  as a member exists, or upon a finding that the member is

20  guilty of misfeasance, malfeasance, or nonfeasance in office.

21         (c)  Within 90 days after the occurrence or discovery

22  of a vacancy on the board of trustees, by removal or

23  otherwise, the Board of County Commissioners of Alachua

24  County, the Gainesville City Commission, or the organization

25  representing the other municipalities within the county, as

26  appropriate, shall nominate a group of three persons from

27  which an individual shall be selected to fill the vacancy, who

28  shall be appointed by the governing board to serve during the

29  unexpired portion of the term.

30         (d)  If required nominations are not received by the

31  governing board within the 90-day period specified in

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  paragraph (a) or paragraph (c), the governing board shall be

 2  authorized to make the appointment or appointments, at its

 3  discretion, for which such nominations were required.

 4         (3)  COMPENSATION.--Trustees shall serve without

 5  compensation, except that they may be reimbursed for

 6  reasonable travel and per diem expenses incurred in the course

 7  of their duties and responsibilities as trustees, on behalf of

 8  the governing board or otherwise, in engaging in the business

 9  of the district. Any such reimbursement for travel or per diem

10  expenses shall be in amounts authorized pursuant to s.

11  112.061, Florida Statutes.

12         (4)  QUORUM, RULES OF PROCEDURE, AND SEAL.--A quorum

13  shall consist of four members of the board of trustees, and

14  official action shall be taken only upon majority vote of the

15  trustees present and voting. The board of trustees shall adopt

16  bylaws for election of officers and for the conduct of orderly

17  proceedings and shall adopt a common seal for certification of

18  its actions.

19         Section 6.  Powers of the Alachua County Library Board

20  of Trustees.--The board of trustees shall have the power to:

21         (1)  Review annually the Alachua County Long-Range

22  Library Facilities and Development Plan, and recommend

23  amendments to the governing board.

24         (2)  Develop and submit to the governing board an

25  annual Library Services Level Plan.

26         (3)  Develop and submit to the governing board for its

27  approval an annual library budget, based on the Library

28  Services Level Plan.

29         (4)  Provide a recommendation to the governing board

30  whenever a library director is to be selected, after first

31  advertising for the position and conducting interviews, such

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  recommendation to contain a list of three potential candidates

 2  from which the governing board may choose, and conduct an

 3  annual review and evaluation of the person occupying the

 4  position of library director, submitting an evaluation report

 5  to the governing board.

 6         (5)  In accordance with the policy of the district,

 7  receive gifts of money or property and submit the same with

 8  recommendations to the governing board for acceptance and

 9  direction as to the manner in which the governing board wishes

10  such money or property to be utilized in providing library

11  facilities, materials, or other library-oriented programs;

12  spend money, grants, proceeds, or gifts; and administer any

13  other form of property provided to the district by a gift,

14  trust, deed, or will, pursuant to the direction provided by

15  the governing board.

16         (6)  Serve as agent for, and enter into contracts on

17  behalf of, the governing board, but only to the extent

18  expressly approved by the governing board.

19         (7)  Adopt and implement rules, regulations, policies,

20  and procedures, with the approval of the governing board, for

21  the management, operation, and maintenance of library services

22  and facilities in the district, including, but not limited to,

23  lending policies, gift policies, and book selection policies.

24         (8)  With approval of the governing board, set fees,

25  fines, and other charges in connection with the operations and

26  services of the Alachua County library system.

27         (9)  Receive and expend moneys, sue and be sued, and

28  generally perform all other acts necessary or incidental to

29  the express powers and duties granted or imposed by this act

30  or by any instrument of trust.

31         (10)  Lease, grant, sell, or otherwise convey real

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  property upon approval of the governing board.

 2         Section 7.  Duties of the Alachua County Library Board

 3  of Trustees.--

 4         (1)  Each member of the board of trustees, before

 5  entering upon his or her duties, shall take and subscribe to

 6  the oath or affirmation required by the State Constitution. A

 7  record of each oath shall be filed with the Department of

 8  State and with the Clerk of Alachua County.

 9         (2)  The board of trustees shall perform fully all

10  duties prescribed by any trust instruments which may from time

11  to time convey property to the trustees from the governing

12  board or from other public or private persons or entities, but

13  only to the extent that such trust instruments and the duties

14  prescribed therein are not inconsistent with this act.

15         (3)  The board of trustees shall be bound by all

16  covenants securing any revenue bonds issued from time to time

17  by the governing board.

18         Section 8.  Support services.--

19         (1)  The governing board shall arrange for the

20  provision of budgeting, building and grounds maintenance,

21  personnel, purchasing, and similar general government services

22  to the library district.

23         (2)  The Alachua County Attorney shall provide legal

24  services to the library district.

25         (3)  Accounting and treasury services for the board of

26  trustees shall be provided in the same manner as such services

27  are provided for the Alachua County General Fund.

28         (4)  The audit of the library district's financial

29  statements shall be performed as a part of the annual audit of

30  Alachua County's financial statements.

31         Section 9.  Entitlement of district residents to

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1  library services; enforcement; limitation on trustee

 2  liability.--

 3         (1)  ENTITLEMENT OF DISTRICT RESIDENTS TO LIBRARY

 4  SERVICES.--For as long as the governing board levies an ad

 5  valorem tax pursuant to section 3 for the operation and

 6  maintenance of library services and facilities, all residents

 7  of the district shall be entitled to use of the general

 8  library services and facilities without charge. However,

 9  nothing in this subsection shall be construed as prohibiting

10  the board of trustees from imposing fines for delinquent

11  library materials or establishing charges for library services

12  and facilities which are specialized and of a type not

13  typically used by the general public. Further, such

14  entitlement shall cease and shall not apply if and when ad

15  valorem tax revenues are used solely for servicing debt

16  incurred in the acquisition or refinancing of capital

17  projects.

18         (2)  ENFORCEMENT.--Except as otherwise provided by the

19  trust instrument, the provisions and requirements of any trust

20  for which the board of trustees acts as trustee may be

21  enforced only by the governing board.

22         (3)  LIMITATION ON TRUSTEE LIABILITY.--Absent personal

23  negligence, no member of the Alachua County Library Board of

24  Trustees shall incur any personal liability for the tortious

25  acts or violations of fiduciary duty of any employee of the

26  board of trustees.

27         Section 10.  Severability.--If any portion of this act

28  is held invalid or unconstitutional by any court of law, all

29  remaining portions of the act shall remain in full force and

30  effect if, and only if, the intent of the Legislature can

31  continue to be effected.

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                                                  SENATE AMENDMENT

    Bill No. HB 4103

    Amendment No.    





 1         Section 11.  Prohibition on taxing power; future

 2  referenda.--

 3         (1)  PROHIBITION ON TAXING POWER.--As long as the

 4  governing board levies the ad valorem tax authorized by this

 5  act, the Board of County Commissioners of Alachua County, the

 6  Gainesville City Commission, and all other taxing authorities

 7  in the Alachua County Library District are hereby prohibited

 8  from levying any tax for library facilities, services, or

 9  other library purposes, excluding the library facilities,

10  services, and other library purposes of the school library

11  system.

12         (2)  REFERENDA ON AUTHORITY TO ISSUE BONDS, ETC.--In

13  the event that the question as to the authority to issue bonds

14  or other forms of indebtedness under subsection (5) of section

15  3 is not approved at a referendum held pursuant thereto, the

16  governing board may, in its discretion, call subsequent

17  referenda on such question as authorized by this act.

18         Section 12.  Chapters 85-376 and 87-529, Laws of

19  Florida, are repealed.

20         Section 13.  This act shall take effect upon becoming a

21  law.

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