House Bill 4103

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    Florida House of Representatives - 1998                HB 4103

        By Representative Chestnut






  1                      A bill to be entitled

  2         An act relating to Alachua County; codifying

  3         and reenacting chapters 85-376 and 87-529, Laws

  4         of Florida, relating to the Alachua County

  5         Library District; repealing chapters 85-376 and

  6         87-529, Laws of Florida, and s. 2 of chapter

  7         90-501, Laws of Florida, relating to the

  8         Alachua County Library District; providing an

  9         effective date.

10

11         WHEREAS, chapter 97-255, Laws of Florida, amended

12  chapter 189, Florida Statutes, relating to special districts,

13  and created s. 189.429, Florida Statutes, requiring districts

14  to submit a draft codified charter so that their special acts

15  may be codified by the Legislature, NOW, THEREFORE,

16

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

18

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

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

21         Section 2.  Alachua County Library District;

22  establishment; boundaries; governing board.--

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

24  Alachua County Library District, which is an independent

25  special taxing district created for the purpose of providing

26  the only library system services and facilities for all

27  citizens of Alachua County, excluding the school library

28  system, pursuant to this act.

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

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

31

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

  2  Alachua County Library District, hereinafter referred to as

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

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

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

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

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

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

  9  the district.

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

11  governing board shall have the power to:

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

13  property within the district in the same manner as other

14  county and municipal ad valorem taxes are levied, provided

15  that:

16         (a)  The millage allocated to annual operating and

17  maintenance expenses of the district shall not exceed 1.5

18  mills, except that, for the first year after the effective

19  date of this act, the millage allocated to such operating and

20  maintenance expenses shall not exceed 1.0 mill.

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

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

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

24         (c)  The millage allocated to capital improvements

25  shall not exceed 0.5 mill annually for the first 15 years

26  after the effective date of this act and shall then be

27  terminated. During any year in which the governing body levies

28  ad valorem taxes for the purpose of servicing debt issued

29  pursuant to subsection (5) of this section, the maximum annual

30  capital improvement millage authorized by this subsection

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  1  shall be reduced by the millage actually levied to service

  2  such debt.

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

  4  otherwise acquire capital projects related to the library

  5  services and facilities of the district, and convey such

  6  capital projects to the Alachua County Library Board of

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

  8  district. Lease-purchase arrangements may include such

  9  contracts and agreements deemed necessary or convenient by the

10  governing board; any rental or other payments required

11  thereunder may be secured by any lawfully available funds of

12  the district.

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

14  subject to the limitations of this act.

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

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

17  bond anticipation notes or certificates payable from all or

18  any portion of the 0.5 mill capital improvement millage

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

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

21  bond anticipation notes or certificates are used to finance or

22  refinance capital projects related to library services or

23  facilities of the district. Bonds issued hereunder shall be

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

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

26  0.5 mill. In issuing such bonds or other forms of

27  indebtedness, the governing board may pledge the faith and

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

29  up to the 0.5 mill limit.

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

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

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

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

  3  notes, certificates of indebtedness, or tax anticipation notes

  4  or certificates mature more than 12 months after issuance:

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

  6  majority of the electors voting in a bond referendum conducted

  7  pursuant to law; and

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

  9  or refinance capital projects related to library services or

10  facilities of the district.

11

12  Bonds or other forms of indebtedness issued pursuant to this

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

14  on all taxable property in the district without limitation as

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

16  indebtedness, the governing board may pledge the full faith

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

18  incurred.

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

20  anticipation notes, or other certificates of indebtedness

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

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

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

24  district and, in connection therewith, to:

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

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

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

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

29  of indebtedness, including covenants to assure the adequacy of

30  such revenues and the proper collection, holding, and

31  disposition thereof;

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

  2  and operation from sources other than pledged revenues, and

  3  not to diminish the rate of taxation available therefor;

  4         (d)  Capitalize interest and reserves in such amounts

  5  as the governing board may deem necessary;

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

  7  other certificates of indebtedness, including fiscal, legal,

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

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

10  other sources; and

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

12  or other certificates of indebtedness to the payment of the

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

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

15  including all architectural, legal, engineering, and other

16  professional costs incurred in connection therewith, or to the

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

18  certificates of indebtedness.

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

20  anticipation notes, or other forms of indebtedness at such

21  interest rate or rates as the governing board may determine

22  appropriate.

23         (8)  Appoint members to the Alachua County Library

24  Board of Trustees as provided in section 5.

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

26  establish service levels which shall meet or exceed the

27  operating standards established by Division of Library

28  Services of the Department of State under authority contained

29  in s. 257.15, Florida Statutes.

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

31  the Alachua County Library Board of Trustees for the operation

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  1  and maintenance of library services and facilities. When so

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

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

  4  the trustees in accordance with the adopted budget and at

  5  their discretion pursuant to the powers granted under section

  6  6, subject to limitations contained in section 4.

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

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

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

10         (12)  Exercise powers of eminent domain over private

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

12  used for a public purpose related to library services and

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

14  property owned by any municipality.

15         (13)  Provide for the management, administration,

16  operation, supervision, oversight, and maintenance of all

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

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

19  County Library District.

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

21  personal property, and generally take all other actions

22  regarding such property as may be necessary in the prudent

23  management, operation, and maintenance of library district

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

25  personal, acquired by the Alachua County Library Board of

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

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

28  the district for library purposes. If the Legislature should

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

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

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

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

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

  3  for library purposes.

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

  5  prudent management, operation, and maintenance of library

  6  services and facilities.

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

  8  matters relative thereto through the development of a

  9  personnel system structured to the operation and development

10  of a library district in accordance with current Alachua

11  County Personnel Regulations.

12         (17)  Retain attorneys, accountants, architects,

13  engineers, and other consultants and professionals, pursuant

14  to applicable general law.

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

16  body for the provision of library services within or outside

17  the district, provided that library services outside the

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

19  the district.

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

21  property from any governmental body or private organization

22  and enter into contracts incidental thereto.

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

24  the conduct of its business and perform all other acts

25  necessary to enable the governing board to properly carry out

26  the purposes of this act.

27         Section 4.  Use of tax revenues; supplemental

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

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

30         (1)  Operation and maintenance expenses of library

31  district services and facilities.

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  1         (2)  Capital expenditures related to library district

  2  services and facilities.

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

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

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

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

  8  services, programs, and operations which are supplemental to

  9  ad valorem tax revenues otherwise collected pursuant to this

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

11  trustees services and in-kind contributions of any nature

12  whatsoever in support of library facilities, services,

13  programs, and operations.

14         Section 5.  Alachua County Library Board of Trustees;

15  establishment and purpose; appointment of members, terms,

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

17  procedure, and seal.--

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

19  established the Alachua County Library Board of Trustees, a

20  public body corporate and politic, hereinafter referred to as

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

22  deemed a public instrumentality, and exercise by the trustees

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

24  performance of an essential public function.

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

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

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

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

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

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

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

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  1  selected from a group of three persons nominated by the

  2  organization representing the other municipalities of Alachua

  3  County.

  4         (a)  In order to achieve staggering of terms, the

  5  trustees first appointed shall serve terms as follows:

  6         1.  Two appointees, one nominated by the Gainesville

  7  City Commission and one nominated by the Board of County

  8  Commissioners of Alachua County, shall each serve an initial

  9  term of 3 years;

10         2.  Two appointees, one nominated by the Gainesville

11  City Commission and one nominated by the Board of County

12  Commissioners of Alachua County, shall each serve an initial

13  term of 2 years; and

14         3.  Three appointees, one nominated by the Board of

15  County Commissioners of Alachua County, one nominated by the

16  Gainesville City Commission, and one nominated by an

17  organization representing the other municipalities of Alachua

18  County, shall serve an initial term of 1 year.

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20  Initial nominations shall be submitted within 90 days after

21  the effective date of this act. The first year of each initial

22  term shall be deemed to have expired on the last day of the

23  year during which the governing board appoints the initial

24  members.

25         (b)  Upon expiration of initial terms, all members

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

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

28  nominated and appointed in the same manner as provided for

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

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

31  Nominations shall be submitted within 90 days after the

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

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

  3  person employed by either Alachua County or the City of

  4  Gainesville shall serve on the board of trustees during the

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

  6  county or municipality may serve on the board of trustees

  7  during the term of elected office.

  8         (c)  Any trustee may be removed by majority vote of the

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

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

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

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

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

14  majority vote of the governing board that good cause for

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

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

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

18         (d)  Within 90 days after the occurrence or discovery

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

20  otherwise, the Board of County Commissioners of Alachua

21  County, the Gainesville City Commission, or the organization

22  representing the other municipalities within the county, as

23  appropriate, shall nominate a group of three persons from

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

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

26  unexpired portion of the term.

27         (e)  If required nominations are not received by the

28  governing board within the 90-day period specified in

29  paragraph (a), paragraph (b), or paragraph (d), the governing

30  board shall be authorized to make the appointment or

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  1  appointments, at its discretion, for which such nominations

  2  were required.

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

  4  compensation, except that they may be reimbursed for

  5  reasonable travel and per diem expenses incurred in the course

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

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

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

  9  expenses shall be in amounts authorized pursuant to s.

10  112.061, Florida Statutes.

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

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

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

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

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

16  proceedings and shall adopt a common seal for certification of

17  its actions.

18         Section 6.  Powers of the Alachua County Library Board

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

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

21  Library Facilities and Development Plan, and recommend

22  amendments to the governing board.

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

24  annual Library Services Level Plan.

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

26  approval an annual library budget, based on the Library

27  Services Level Plan.

28         (4)  Provide a recommendation to the governing board

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

30  advertising for the position and conducting interviews, such

31  recommendation to contain a list of three potential candidates

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

  2  annual review and evaluation of the person occupying the

  3  position of library director, submitting an evaluation report

  4  to the governing board.

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

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

  7  recommendations to the governing board for acceptance and

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

  9  such money or property to be utilized in providing library

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

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

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

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

14  the governing board.

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

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

17  expressly approved by the governing board.

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

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

20  the management, operation, and maintenance of library services

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

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

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

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

25  services of the Alachua County library system.

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

27  generally perform all other acts necessary or incidental to

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

29  or by any instrument of trust.

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

31  property upon approval of the governing board.

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  1         Section 7.  Duties of the Alachua County Library Board

  2  of Trustees.--

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

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

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

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

  7  State and with the Clerk of Alachua County.

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

  9  duties prescribed by any trust instruments which may from time

10  to time convey property to the trustees from the governing

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

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

13  prescribed therein are not inconsistent with this act.

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

15  covenants securing any revenue bonds issued from time to time

16  by the governing board.

17         Section 8.  Support services.--

18         (1)  The governing board shall arrange for the

19  provision of budgeting, building and grounds maintenance,

20  personnel, purchasing, and similar general government services

21  to the library district.

22         (2)  The Alachua County Attorney shall provide legal

23  services to the library district.

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

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

26  are provided for the Alachua County General Fund.

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

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

29  Alachua County's financial statements.

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  1         Section 9.  Entitlement of district residents to

  2  library services; enforcement; limitation on trustee

  3  liability.--

  4         (1)  ENTITLEMENT OF DISTRICT RESIDENTS TO LIBRARY

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

  6  valorem tax pursuant to section 3 for the operation and

  7  maintenance of library services and facilities, all residents

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

  9  library services and facilities without charge. However,

10  nothing in this subsection shall be construed as prohibiting

11  the board of trustees from imposing fines for delinquent

12  library materials or establishing charges for library services

13  and facilities which are specialized and of a type not

14  typically used by the general public. Further, such

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

16  valorem tax revenues are used solely for servicing debt

17  incurred in the acquisition or refinancing of capital

18  projects.

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

20  trust instrument, the provisions and requirements of any trust

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

22  enforced only by the governing board.

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

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

25  Trustees shall incur any personal liability for the tortious

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

27  board of trustees.

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

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

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

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

  2  continue to be effected.

  3         Section 11.  Prohibition on taxing power; future

  4  referenda.--

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

  6  governing board levies the ad valorem tax authorized by this

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

  8  Gainesville City Commission, and all other taxing authorities

  9  in the Alachua County Library District are hereby prohibited

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

11  other library purposes, excluding the library facilities,

12  services, and other library purposes of the school library

13  system.

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

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

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

17  3 is not approved at a referendum held pursuant thereto, the

18  governing board may, in its discretion, call subsequent

19  referenda on such question as authorized by this act.

20         Section 12.  Administrative actions.--The Board of

21  County Commissioners of Alachua County, the Gainesville City

22  Commission, and other relevant constitutional officers of

23  Alachua County may, at their discretion, take such

24  administrative actions as are deemed appropriate prior to

25  April 1, 1986, in order to permit the tax authorized by this

26  act to be first levied in 1986, but no tax shall be levied

27  unless approved in the manner provided for in section 13.

28         Section 13.  In accordance with the provisions of

29  Section 11(a)(21) of Article III of the State Constitution, if

30  passed by at least a three-fifths vote of the membership of

31  each house, this act shall take effect April 1, 1986, and s.

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  1  165.022, Florida Statutes, shall be considered amended for the

  2  purpose of creating an exception thereto, only upon the

  3  express approval of the provisions of section 3 which

  4  authorize the levy of ad valorem taxation by a majority vote

  5  of those qualified electors of the district, as required by

  6  Section 9 of Article VII of the State Constitution, voting in

  7  a referendum to be held by the Board of County Commissioners

  8  of Alachua County on the first Tuesday in November 1985, or at

  9  such earlier primary or special election as the board of

10  county commissioners may designate, in accordance with the

11  provisions of law relating to elections currently in force in

12  the district, except that this section and section 12 shall

13  take effect upon becoming a law.

14         Section 14.  Chapters 85-376 and 87-529, Laws of

15  Florida, are repealed.

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

17  law.

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