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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Pursuant to chapter 98-320, Laws of

18  Florida, this act constitutes the codification of all special

19  acts relating to the Anastasia Mosquito Control District of

20  St. Johns County. It is the intent of the Legislature in

21  enacting this law to provide a single, comprehensive special

22  act charter for the district, including all current

23  legislative authority granted to the district by its several

24  legislative enactments and any additional authority granted by

25  this act. It is further the intent of this act to preserve all

26  district authority, including the authority to annually assess

27  and levy against the taxable property in the district a tax as

28  provided by chapter 388, Florida Statutes. The Anastasia

29  Mosquito Control District of St. Johns County is declared to

30  be an independent special district.

31         Section 2.  Chapter 61-2745, Laws of Florida, as

                                  1

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1  amended, relating to the Anastasia Mosquito Control District

 2  of St. Johns County, is codified, reenacted, amended, and

 3  repealed as herein provided.

 4         Section 3.  The Anastasia Mosquito Control District is

 5  re-created and reenacted to read:

 6         Section 1.  District Formation ratified, restated, and

 7  approved.--The Anastasia Mosquito Control District established

 8  pursuant to chapter 390 (1941), approved by referendum on

 9  December 7, 1948, and ordered by the Board of County

10  Commissioners of St. Johns County at a meeting of said Board

11  held December 13, 1948, as the same appears of record in

12  County Commissioners Minute Book "L", at pages 226 and 227,

13  public records of St. Johns County, Florida, are ratified,

14  confirmed, and approved.

15         Section 2.  District Boundaries.--Beginning at a point

16  on the shores of the Atlantic Ocean on the boundary line

17  between St. Johns County and Duval County, at a point where

18  the section line between ten and fifteen, in township three

19  south of range twenty-nine east, intersects the said shores of

20  the Atlantic Ocean; thence west along the St. Johns County

21  boundary on the said section line to a point where said

22  section line would intersect the range line between ranges

23  twenty-eight and twenty-nine east; thence south on said range

24  line to a point where said range line intersects the township

25  line between townships four and five south; thence west on the

26  township line between townships four and five south, in range

27  twenty-eight east, to a point where said township line

28  intersects the range line between ranges twenty-seven and

29  twenty-eight east; thence north on said range line to where

30  the same intersects Durbin Creek; thence along the south bank

31  of Durbin Creek to Julington Creek; thence along the thread of

                                  2

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1  Julington Creek to the mouth thereof; thence due west to the

 2  west margin of the main channel of the St. Johns River and the

 3  boundary line of St. Johns County; thence southwardly along

 4  the west margin of the main channel of said river and the

 5  boundary of St. Johns County to a point due west of the mouth

 6  of Tocoi Creek; thence leaving the St. Johns County boundary

 7  line go due east to the mouth of Tocoi Creek; thence easterly

 8  and northeasterly along Tocoi Creek following the center of

 9  said creek to the centerline of the powerlines which run

10  north/south and are 8,000 feet west of County Road 13A; thence

11  northerly along the centerline of the powerlines to the

12  northerly line of Census Block 150; thence easterly along said

13  line to County Road 13A; thence southerly along county Road

14  13A to Sawdust Road; thence easterly along Sawdust Road to Poa

15  Boy road; thence southerly along Poa Boy Road to County Road

16  214; thence easterly along County Road 214 to the west

17  boundary lines of sections twenty-nine and thirty-two, in

18  township seven south, range twenty-nine east; thence south

19  along the west boundary lines of said sections twenty-nine and

20  thirty-two and the west boundary lines of sections five,

21  eight, seventeen, and twenty, in township eight south, range

22  twenty-nine east, to the south boundary line of said section

23  twenty; thence east along the south boundary lines of sections

24  twenty, twenty-one, and twenty-two, in township eight south,

25  range twenty-nine east, to I-95; thence southerly along I-95

26  to the boundary line between St. Johns County and Flagler

27  County; thence easterly along the St. Johns County boundary

28  line to the shores of the Atlantic Ocean; thence northwardly

29  along the shores of the Atlantic Ocean to the point of

30  beginning.

31         Section 3.  Governing board.--The board of

                                  3

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1  commissioners of the Anastasia Mosquito Control District of

 2  St. Johns County shall consist of five (5) members, each of

 3  whom shall be a registered elector, residing within the

 4  boundaries of the district.

 5         Section 4.  Election of commissioners.--The provisions

 6  of this act shall in no manner affect the present term of

 7  office of any of the five (5) members of the board of

 8  commissioners of the Anastasia Mosquito Control District of

 9  St. Johns County. The terms of the office of the members of

10  the board of commissioners shall be staggered. Three persons

11  shall be elected to serve 4 years in the general election in

12  2000. Two persons shall be elected to serve 4 years in the

13  general election in 2002. Thereafter, each commissioner shall

14  be elected to a 4-year term of office. The election of

15  commissioners shall be in accordance with chapter 388, Florida

16  Statutes, as the same may be amended from time to time.

17         Section 5.  Voting requirements.--Three members of the

18  board shall constitute a quorum. The affirmative vote of a

19  majority of those members present and voting shall be

20  necessary to transact business.

21         Section 6.  District powers.--The provisions of chapter

22  388, Florida Statutes (1997), entitled "Mosquito Control," as

23  the same may be amended from time to time, shall govern the

24  functions of the Anastasia Mosquito Control District of St.

25  Johns County, except where the same is inconsistent with the

26  provisions of this act.

27         Section 7.  Expenses.--The members of the board of

28  commissioners of the Anastasia Mosquito Control District of

29  St. Johns County shall be paid for expenses for travel,

30  meetings, and for other expenses in connection with their

31  duties within the district the lump sum of $100 per month.

                                  4

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1  However, during any one year, said total expense paid shall

 2  not exceed $1,200.

 3         Section 8.  Limitations on expenses.--Payments made

 4  pursuant to this act shall be deemed reimbursement for

 5  expenses and shall not be construed as salary. Said lump sum

 6  monthly reimbursement shall not be paid in any month that

 7  compensation is received pursuant to s. 388.141, Florida

 8  Statutes.

 9         Section 9.  Change of district boundaries.--The board

10  of commissioners of the Anastasia Mosquito Control District of

11  St. Johns County may, for and on behalf of the district or the

12  qualified electors within or without the district, file a

13  petition with the Board of County Commissioners of St. Johns

14  County requesting it to call an election to determine whether

15  or not the boundaries of the district shall be extended to

16  include lands described in the petition. When such a petition

17  is filed, the board of county commissioners shall call an

18  election to be held at the next general election of the

19  qualified electors residing in the district, and the qualified

20  electors residing in the territory proposed to be added to the

21  district, to determine by the majority of votes cast in the

22  district, and by the majority of the votes cast in the

23  territory proposed to be added to the district, whether said

24  territory will be added to the district. Notice of the

25  election shall be given in accordance with s. 100.342, Florida

26  Statutes, as the same may be amended from time to time. If

27  either a majority of the votes cast in the district or a

28  majority of the votes cast in the area proposed to be added to

29  the district are not in favor of adding the territory, then

30  the area shall not be added to the district. If the results of

31  an election favor a change in boundary, the board of county

                                  5

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1  commissioners shall amend its order creating the district to

 2  include the change in boundary. The same procedure shall be

 3  followed for the removal of any territory from the district.

 4  The expenses of holding any election shall be paid by the

 5  Anastasia Mosquito Control District of St. Johns County.

 6         Section 4.  Chapter 61-2745, Laws of Florida, Chapter

 7  73-609, Laws of Florida, Chapter 73-611, Laws of Florida, and

 8  Chapter 80-597, Laws of Florida, are hereby repealed 10 days

 9  after the effective date of this act; provided the authority

10  to levy and assess an ad valorem tax as provided by chapter

11  388, Florida Statutes, as the same may be amended from time to

12  time, shall not be repealed.

13         Section 5.  This act shall take effect upon becoming a

14  law.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1, lines 1 through 25

20  remove the entire title of the bill:

21

22  and insert in lieu thereof:

23         An act relating to the Anastasia Mosquito

24         Control District, St. Johns County; codifying

25         the District's charter; eliminating obsolete

26         provisions pertaining to the appointment and

27         election of the initial board of commissioners;

28         providing for formation of District; providing

29         District boundaries; eliminating the

30         requirement that members of the board be

31         freeholders; eliminating the requirement for

                                  6

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1105

    Amendment No. 1 (for drafter's use only)





 1         petitions by candidates for the office of

 2         commissioner; providing that the terms of

 3         office of the commissioners shall be staggered;

 4         amending the voting requirements for the board

 5         of commissioners; providing for the election of

 6         commissioners and operation of the district in

 7         accordance with chapter 388, Florida Statutes

 8         (1997), as the same may be amended from time to

 9         time; amending the provisions on expense

10         reimbursement for commissioners; requiring an

11         election for a change in boundaries of the

12         district; repealing chapter 61-2745, Laws of

13         Florida, chapter 73-609, Laws of Florida,

14         chapter 73-611, Laws of Florida, and chapter

15         80-597, Laws of Florida; providing an effective

16         date.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7

    File original & 9 copies    03/23/99
    her0001                     12:15 pm         01105-ca  -352117