House Bill 4325e1

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







                                          HB 4325, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Monroe County; amending

  3         chapter 97-348, Laws of Florida, relating to

  4         the charter of Islamorada, Village of Islands;

  5         revising transition provisions relating to

  6         state shared revenues to extend waivers of

  7         applicable revenue sharing eligibility

  8         requirements and to authorize the usage of

  9         millage levied by the Monroe County Mosquito

10         Control District for purposes of meeting the

11         minimum amount of revenue required to be raised

12         for revenue sharing eligibility; clarifying

13         legislative intent regarding the referendum

14         required to effectuate the charter, which

15         referendum was concluded on November 4, 1997,

16         with the required majority of voters approving

17         the charter; adopting nunc pro tunc the

18         effective dates in chapter 97-348, Laws of

19         Florida, in connection with the clarification

20         of legislative intent; declaring the charter to

21         be effective pursuant to its terms and

22         conditions; providing an effective date.

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

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26         Section 1.  Subsection (7) of section 9 of chapter

27  97-348, Laws of Florida, is amended to read:

28         Section 9.  Transition schedule.--

29         (7)  STATE SHARED REVENUES.--Islamorada, Village of

30  Islands, shall be entitled to participate in all shared

31  revenue programs of the State of Florida effective immediately


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                                          HB 4325, First Engrossed



  1  on the date of incorporation. The provisions of s. 218.23(1),

  2  Florida Statutes, shall be waived for the purpose of

  3  eligibility to receive revenue sharing funds from the date of

  4  incorporation through the state fiscal year 1999-2000

  5  1997-1998. The millage levied by the Monroe County Mosquito

  6  Control District, an independent special district as that term

  7  is defined in chapter 189, Florida Statutes, which includes

  8  the area within the corporate limits of the village, may be

  9  used for purposes of satisfying the provisions of s.

10  218.23(1), Florida Statutes. The provisions of s. section

11  218.26(3), Florida Statutes F.S., shall be waived through the

12  1999-2000 for the 1997-1998 state fiscal year and the

13  apportionment factors for the municipalities and counties

14  shall be recalculated pursuant to s. 218.245, Florida Statutes

15  F.S. Initial population estimates for calculating eligibility

16  for shared revenues shall be determined by the University of

17  Florida Bureau of Economic and Business Research. Should the

18  bureau be unable to provide an appropriate population

19  estimate, the Monroe County Planning Division estimate should

20  be utilized.

21         Section 2.  Section 13 of chapter 97-348, Laws of

22  Florida, is amended to read:

23         Section 13.  A majority of the registered voters of

24  Plantation Key and a majority of the registered voters of the

25  proposed new city of Islamorada having approved this charter

26  in a special election held on November 4, 1997, the conditions

27  for the creation of the charter contemplated by the enacting

28  act have been met, and the charter for Islamorada, Village of

29  Islands, is therefore effective pursuant to the terms and

30  conditions provided in this section. Because the intent of

31  this section is to clarify questions raised by citizens based


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                                          HB 4325, First Engrossed



  1  upon a misinterpretation of legislative intent, the effective

  2  date of the operating provisions of the charter are adopted

  3  nunc pro tunc as originally provided in chapter 97-348, Laws

  4  of Florida. This act shall take effect only upon its approval

  5  by a majority vote of those qualified electors residing within

  6  the proposed corporate limits of the proposed Islamorada,

  7  Village of Islands as described in section 11, voting in a

  8  referendum election to be called by the Monroe County

  9  Commission and to be held on November 4, 1997, in accordance

10  with the provisions of law relating to elections currently in

11  force, except that:

12         (1)  If the qualified voters residing in the area known

13  as Plantation Key consisting of Precincts 25 and 26 do not

14  approve this act by a majority vote in both Precincts 25 and

15  26, this act shall not take effect.  If approved by the

16  electorate, including that in Precincts 25 and 26, section 3,

17  section 9(2), and section 9(3) shall take effect upon

18  certification of the election results by the Monroe County

19  Supervisor of Elections.

20         (2)  The remainder of this act shall take effect upon

21  becoming a law.

22         Section 3.  This act shall take effect upon becoming a

23  law.

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