House Bill 1105

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    Florida House of Representatives - 1999                HB 1105

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to the Anastasia Mosquito

  3         Control District, St. Johns County; codifying

  4         the district's charter, chapter 61-2745, Laws

  5         of Florida; eliminating obsolete provisions

  6         pertaining to the appointment and election of

  7         the initial board of commissioners; eliminating

  8         the requirement that members of the board be

  9         freeholders; eliminating the requirement for

10         petitions by candidates for the office of

11         commissioner; providing that the terms of

12         office of the commissioners shall be staggered;

13         amending the voting requirements for the board

14         of commissioners; providing for the election of

15         commissioners and operation of the district in

16         accordance with chapter 388, Florida Statutes

17         (1997), as the same may be amended from time to

18         time; amending the provisions on expense

19         reimbursement for commissioners; requiring an

20         election for a change in boundaries of the

21         district; repealing ss. 3, 4, 5, and 6, of

22         chapter 61-2745, Laws of Florida, s. 3 of

23         chapter 73-609, Laws of Florida, and chapter

24         80-597, Laws of Florida; providing an effective

25         date.

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

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

30  Florida, this act constitutes the codification of all special

31  acts relating to the Anastasia Mosquito Control District of

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    Florida House of Representatives - 1999                HB 1105

    589-124-99






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

  2  enacting this law to provide a single, comprehensive special

  3  act charter for the district, including all current

  4  legislative authority granted to the district by its several

  5  legislative enactments and any additional authority granted by

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

  7  district authority, including the authority to annually assess

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

  9  provided by chapter 388, Florida Statutes. The Anastasia

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

11  be an independent special district.

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

13  amended, relating to the Anastasia Mosquito Control District

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

15  repealed as herein provided.

16         Section 3.  The Anastasia Mosquito Control District is

17  re-created and reenacted to read:

18          Section 1.  Governing board.--The board of

19  commissioners of the Anastasia Mosquito Control District of

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

21  whom shall be a registered elector, residing within the

22  boundaries of the district.

23         Section 2.  Election of commissioners.--The provisions

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

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

26  commissioners of the Anastasia Mosquito Control District of

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

28  the board of commissioners shall be staggered. Three persons

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

30  2000. Two persons shall be elected to serve 4 years in the

31  general election in 2002. Thereafter, each commissioner shall

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    Florida House of Representatives - 1999                HB 1105

    589-124-99






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

  2  commissioners shall be in accordance with chapter 388, Florida

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

  4         Section 3.  Voting requirements.--Three members of the

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

  6  majority of those members present and voting shall be

  7  necessary to transact business.

  8         Section 4.  District powers.--The provisions of chapter

  9  388, Florida Statutes (1997), entitled "Mosquito Control," as

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

11  functions of the Anastasia Mosquito Control District of St.

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

13  provisions of this act.

14         Section 5.  Expenses.--The members of the board of

15  commissioners of the Anastasia Mosquito Control District of

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

17  meetings, and for other expenses in connection with their

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

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

20  not exceed $1,200.

21         Section 6.  Limitations on expenses.--Payments made

22  pursuant to this act shall be deemed reimbursement for

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

24  monthly reimbursement shall not be paid in any month that

25  compensation is received pursuant to s. 388.141, Florida

26  Statutes.

27         Section 7.  Change of district boundaries.--The board

28  of commissioners of the Anastasia Mosquito Control District of

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

30  qualified electors within or without the district, file a

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

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    Florida House of Representatives - 1999                HB 1105

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  1  County requesting it to call an election to determine whether

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

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

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

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

  6  qualified electors residing in the district, and the qualified

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

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

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

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

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

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

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

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

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

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

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

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

19  commissioners shall amend its order creating the district to

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

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

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

23  Anastasia Mosquito Control District of St. Johns County.

24         Section 4.  Section 3 through 6 of chapter 61-2745,

25  Laws of Florida, and section 3 of chapter 73-609, Laws of

26  Florida, are hereby repealed 10 days after the effective date

27  of this act; provided the authority to levy and assess an ad

28  valorem tax as provided by chapter 388, Florida Statutes, as

29  the same may be amended from time to time, shall not be

30  repealed.

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    Florida House of Representatives - 1999                HB 1105

    589-124-99






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

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