House Bill 4103er

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  1

  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.

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

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

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

22         (c)  The millage allocated to capital improvements

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

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

25  governing body levies ad valorem taxes for the purpose of

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

27  section, the maximum annual capital improvement millage

28  authorized by this subsection shall be reduced by the millage

29  actually levied to service such debt.

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

31  otherwise acquire capital projects related to the library


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  1  services and facilities of the district, and convey such

  2  capital projects to the Alachua County Library Board of

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

  4  district. Lease-purchase arrangements may include such

  5  contracts and agreements deemed necessary or convenient by the

  6  governing board; any rental or other payments required

  7  thereunder may be secured by any lawfully available funds of

  8  the district.

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

10  subject to the limitations of this act.

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

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

13  bond anticipation notes or certificates payable from all or

14  any portion of the 0.5 mill capital improvement millage

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

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

17  bond anticipation notes or certificates are used to finance or

18  refinance capital projects related to library services or

19  facilities of the district. Bonds issued hereunder shall be

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

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

22  0.5 mill. In issuing such bonds or other forms of

23  indebtedness, the governing board may pledge the faith and

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

25  up to the 0.5 mill limit.

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

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

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

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

30  notes, certificates of indebtedness, or tax anticipation notes

31  or certificates mature more than 12 months after issuance:


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

  2  majority of the electors voting in a bond referendum conducted

  3  pursuant to law; and

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

  5  or refinance capital projects related to library services or

  6  facilities of the district.

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  8  Bonds or other forms of indebtedness issued pursuant to this

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

10  on all taxable property in the district without limitation as

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

12  indebtedness, the governing board may pledge the full faith

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

14  incurred.

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

16  anticipation notes, or other certificates of indebtedness

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

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

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

20  district and, in connection therewith, to:

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

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

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

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

25  of indebtedness, including covenants to assure the adequacy of

26  such revenues and the proper collection, holding, and

27  disposition thereof;

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

29  and operation from sources other than pledged revenues, and

30  not to diminish the rate of taxation available therefor;

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  1         (d)  Capitalize interest and reserves in such amounts

  2  as the governing board may deem necessary;

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

  4  other certificates of indebtedness, including fiscal, legal,

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

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

  7  other sources; and

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

  9  or other certificates of indebtedness to the payment of the

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

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

12  including all architectural, legal, engineering, and other

13  professional costs incurred in connection therewith, or to the

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

15  certificates of indebtedness.

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

17  anticipation notes, or other forms of indebtedness at such

18  interest rate or rates as the governing board may determine

19  appropriate.

20         (8)  Appoint members to the Alachua County Library

21  Board of Trustees as provided in section 5.

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

23  establish service levels which shall meet or exceed the

24  operating standards established by Division of Library

25  Services of the Department of State under authority contained

26  in s. 257.15, Florida Statutes.

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

28  the Alachua County Library Board of Trustees for the operation

29  and maintenance of library services and facilities. When so

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

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


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  1  the trustees in accordance with the adopted budget and at

  2  their discretion pursuant to the powers granted under section

  3  6, subject to limitations contained in section 4.

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

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

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

  7         (12)  Exercise powers of eminent domain over private

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

  9  used for a public purpose related to library services and

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

11  property owned by any municipality.

12         (13)  Provide for the management, administration,

13  operation, supervision, oversight, and maintenance of all

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

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

16  County Library District.

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

18  personal property, and generally take all other actions

19  regarding such property as may be necessary in the prudent

20  management, operation, and maintenance of library district

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

22  personal, acquired by the Alachua County Library Board of

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

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

25  the district for library purposes. If the Legislature should

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

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

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

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

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

31  for library purposes.


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

  2  prudent management, operation, and maintenance of library

  3  services and facilities.

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

  5  matters relative thereto through the development of a

  6  personnel system structured to the operation and development

  7  of a library district in accordance with current Alachua

  8  County Personnel Regulations.

  9         (17)  Retain attorneys, accountants, architects,

10  engineers, and other consultants and professionals, pursuant

11  to applicable general law.

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

13  body for the provision of library services within or outside

14  the district, provided that library services outside the

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

16  the district.

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

18  property from any governmental body or private organization

19  and enter into contracts incidental thereto.

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

21  the conduct of its business and perform all other acts

22  necessary to enable the governing board to properly carry out

23  the purposes of this act.

24         Section 4.  Use of tax revenues; supplemental

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

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

27         (1)  Operation and maintenance expenses of library

28  district services and facilities.

29         (2)  Capital expenditures related to library district

30  services and facilities.

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


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  1

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

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

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

  5  services, programs, and operations which are supplemental to

  6  ad valorem tax revenues otherwise collected pursuant to this

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

  8  trustees services and in-kind contributions of any nature

  9  whatsoever in support of library facilities, services,

10  programs, and operations.

11         Section 5.  Alachua County Library Board of Trustees;

12  establishment and purpose; appointment of members, terms,

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

14  procedure, and seal.--

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

16  established the Alachua County Library Board of Trustees, a

17  public body corporate and politic, hereinafter referred to as

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

19  deemed a public instrumentality, and exercise by the trustees

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

21  performance of an essential public function.

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

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

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

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

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

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

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

29  selected from a group of three persons nominated by the

30  organization representing the other municipalities of Alachua

31  County.


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

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

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

  4  nominated and appointed in the same manner as provided for

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

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

  7  Nominations shall be submitted within 90 days after the

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

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

10  person employed by either Alachua County or the City of

11  Gainesville shall serve on the board of trustees during the

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

13  county or municipality may serve on the board of trustees

14  during the term of elected office.

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

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

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

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

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

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

21  majority vote of the governing board that good cause for

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

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

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

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

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

27  otherwise, the Board of County Commissioners of Alachua

28  County, the Gainesville City Commission, or the organization

29  representing the other municipalities within the county, as

30  appropriate, shall nominate a group of three persons from

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


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

  2  unexpired portion of the term.

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

  4  governing board within the 90-day period specified in

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

  6  authorized to make the appointment or appointments, at its

  7  discretion, for which such nominations were required.

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

  9  compensation, except that they may be reimbursed for

10  reasonable travel and per diem expenses incurred in the course

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

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

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

14  expenses shall be in amounts authorized pursuant to s.

15  112.061, Florida Statutes.

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

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

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

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

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

21  proceedings and shall adopt a common seal for certification of

22  its actions.

23         Section 6.  Powers of the Alachua County Library Board

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

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

26  Library Facilities and Development Plan, and recommend

27  amendments to the governing board.

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

29  annual Library Services Level Plan.

30

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

  2  approval an annual library budget, based on the Library

  3  Services Level Plan.

  4         (4)  Provide a recommendation to the governing board

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

  6  advertising for the position and conducting interviews, such

  7  recommendation to contain a list of three potential candidates

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

  9  annual review and evaluation of the person occupying the

10  position of library director, submitting an evaluation report

11  to the governing board.

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

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

14  recommendations to the governing board for acceptance and

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

16  such money or property to be utilized in providing library

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

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

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

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

21  the governing board.

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

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

24  expressly approved by the governing board.

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

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

27  the management, operation, and maintenance of library services

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

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

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

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

  3  services of the Alachua County library system.

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

  5  generally perform all other acts necessary or incidental to

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

  7  or by any instrument of trust.

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

  9  property upon approval of the governing board.

10         Section 7.  Duties of the Alachua County Library Board

11  of Trustees.--

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

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

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

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

16  State and with the Clerk of Alachua County.

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

18  duties prescribed by any trust instruments which may from time

19  to time convey property to the trustees from the governing

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

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

22  prescribed therein are not inconsistent with this act.

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

24  covenants securing any revenue bonds issued from time to time

25  by the governing board.

26         Section 8.  Support services.--

27         (1)  The governing board shall arrange for the

28  provision of budgeting, building and grounds maintenance,

29  personnel, purchasing, and similar general government services

30  to the library district.

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  1         (2)  The Alachua County Attorney shall provide legal

  2  services to the library district.

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

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

  5  are provided for the Alachua County General Fund.

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

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

  8  Alachua County's financial statements.

  9         Section 9.  Entitlement of district residents to

10  library services; enforcement; limitation on trustee

11  liability.--

12         (1)  ENTITLEMENT OF DISTRICT RESIDENTS TO LIBRARY

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

14  valorem tax pursuant to section 3 for the operation and

15  maintenance of library services and facilities, all residents

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

17  library services and facilities without charge. However,

18  nothing in this subsection shall be construed as prohibiting

19  the board of trustees from imposing fines for delinquent

20  library materials or establishing charges for library services

21  and facilities which are specialized and of a type not

22  typically used by the general public. Further, such

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

24  valorem tax revenues are used solely for servicing debt

25  incurred in the acquisition or refinancing of capital

26  projects.

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

28  trust instrument, the provisions and requirements of any trust

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

30  enforced only by the governing board.

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

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

  3  Trustees shall incur any personal liability for the tortious

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

  5  board of trustees.

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

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

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

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

10  continue to be effected.

11         Section 11.  Prohibition on taxing power; future

12  referenda.--

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

14  governing board levies the ad valorem tax authorized by this

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

16  Gainesville City Commission, and all other taxing authorities

17  in the Alachua County Library District are hereby prohibited

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

19  other library purposes, excluding the library facilities,

20  services, and other library purposes of the school library

21  system.

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

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

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

25  3 is not approved at a referendum held pursuant thereto, the

26  governing board may, in its discretion, call subsequent

27  referenda on such question as authorized by this act.

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

29  Florida, are repealed.

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

31  law.


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