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Senator Kirkpatrick moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4103
Amendment No.
CHAMBER ACTION
Senate House
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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
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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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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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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.
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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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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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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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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.
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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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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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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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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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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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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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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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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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