House Bill 1417

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    Florida House of Representatives - 1999                HB 1417

        By Representatives Henriquez, Hart, Byrd, Bradley, Crist,
    Bilirakis, Alexander, Wallace, Ogles, L. Miller and Murman





  1                      A bill to be entitled

  2         An act relating to the Twelve Oaks Special

  3         District, Hillsborough County; consolidating,

  4         compiling, and codifying extant laws pertaining

  5         to the district; providing legislative intent;

  6         deleting provisions that have expired, have had

  7         their effect, have served their purpose, or

  8         have been impliedly repealed or superseded;

  9         replacing incorrect cross-references and

10         citations; correcting grammatical,

11         typographical, and like errors; removing

12         inconsistencies, redundancies, and unnecessary

13         repetition; improving clarity and facilitating

14         correct interpretation; providing notice that

15         the district is an independent special district

16         approved by referendum; adding definitions;

17         providing for election of trustees in

18         non-partisan, biennial elections in

19         even-numbered years; providing for the payment

20         of a qualifying fee; providing for certain

21         exemptions to chapter 106, F.S., relating to

22         campaign financing; providing a transition

23         schedule; revising ballot language

24         requirements; providing the date trustees take

25         office; providing for the appointment of

26         trustees under certain circumstances; providing

27         that the board is a public body and shall

28         conduct its business accordingly; providing an

29         exception for the disbursement of certain

30         funds; conforming the law to s. 768.28, F.S.,

31         relating to trustees' civil liability and

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  1         immunity from suit; enumerating the powers and

  2         duties of the district in a single section;

  3         clarifying and conforming the law to the actual

  4         business practices of the district, routine in

  5         nature but not previously enumerated, including

  6         to insure the facilities, properties,

  7         operations, and trustees of the district, to

  8         adopt bylaws, to enter into agreements, to

  9         operate, supervise, and maintain recreational

10         facilities or enter into arrangements with

11         others for same, to establish, charge, and

12         collect fees for use of the facilities, to

13         employ personnel, to tranfer funds among line

14         items, to provide for the creation of a petty

15         cash fund and to make expenditures from same,

16         to create and maintain reserves for certain

17         known or planned expenditures, to invest

18         surplus and reserve funds by resolution in

19         certain accounts, and to adopt bylaws relating

20         to calling special and other meetings; adding

21         new powers, including the power to direct the

22         supervisor to place certain referenda on the

23         ballot, and to perform, when not excepted by

24         this act and when otherwise applicable, duties

25         required by general law relating to special

26         districts and to the levy of non-ad valorem

27         assessments; conforming the law to the

28         requirements of ch. 197, F.S.; providing for

29         the dissolution of the district in accordance

30         with general law; providing a savings clause;

31         repealing chapters 82-305 and 84-438, Laws of

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  1         Florida, relating to the district; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  It is the intent of the Legislature that

  7  this act supersede chapter 82-305, Laws of Florida, and

  8  amendments thereto, which provide for the Twelve Oaks Special

  9  District and that it is deemed a codification of previously

10  existing legislation relating to the Twelve Oaks Special

11  District.  Said codification also is to act as a reviser's

12  bill, deleting provisions that have expired, have had their

13  effect, have served their purpose, or have been impliedly

14  repealed or superseded; replacing incorrect cross-references

15  and citations; correcting grammatical, typographical, and like

16  errors; removing inconsistencies, redundancies, and

17  unnecessary repetition; and improving clarity and facilitating

18  correct interpretation.  It is also the intent of the

19  Legislature to conform the special act to the extent possible

20  with the requirements of chapter 189, Florida Statutes,

21  relating to special districts; chapter 197, Florida Statutes,

22  relating to non-ad valorem assessments; and subsection (3) of

23  section 768.1355, Florida Statutes, relating to civil

24  liability, and to reflect the actual business practices of the

25  district in instances when those practices have not previously

26  been enumerated as a power or duty of the district.

27         Section 2.  (1)  The area described in section 3 is an

28  independent special district approved by referendum on

29  September 7, 1982, is to be called the Twelve Oaks Special

30  District and is located in Hillsborough County, Florida, and

31  has the powers and duties set forth in this act.

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  1         (2)  Each improved residential parcel is declared to be

  2  uniformly and generally benefited by the provisions of this

  3  act and shall be assessed equally a non-ad valorem assessment

  4  provided for in this act.

  5         (3)  Use of the facilities and property of the district

  6  is limited to residents and nonresident property owners within

  7  the district and their family members and guests and such

  8  other persons and groups as the board authorizes.

  9         Section 3.  Included in the district are:

10         (1)  Town' N Country Park, Section Nine (9)

11

12  UNIT NO.             PLAT BOOK              PAGE NO.

13      1                   44                     41

14      2                   44                     62

15      3                   44                     63

16      4                   44                     43

17      5                   44                     78

18      6                   44                     86

19      6-A                 46                     77

20      7                   44                     88

21      8                   44                     89

22      9                   45                     29

23     10                   45                     30

24     11                   46                      5

25     11-A                 46                     86

26     12                   46                     28

27     13                   46                     90

28     13-A                 46                     91

29

30         (2)  Twelve Oaks Village

31

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  1  UNIT NO.             PLAT BOOK              PAGE NO.

  2     1                    47                     49

  3     2                    47                     40

  4     3                    48                     13

  5

  6         (3)  Any other real property acquired by the district,

  7  including any structure on such property at the time of

  8  acquisition or constructed subsequent thereto.

  9         Section 4.  As used in this act, the term:

10         (1)  "Board" means the governing body of the district.

11         (2)  "County" means Hillsborough County, Florida.

12         (3)  "District" means the Twelve Oaks Special District.

13         (4)  "Improved residential parcel" means a platted lot

14  or lots on which a single-family home has been erected by

15  January 1 of the taxable year.

16         (5)  "Levy" means the imposition of a non-ad valorem

17  assessment, stated in terms of rates, against all improved

18  residential parcels authorized by this act.

19         (6)  "Non-ad valorem assessment" means an assessment

20  that is not based upon millage and that may become a lien

21  against a homestead as permitted in section 4, Article X of

22  the State Constitution.

23         (7)  "Non-ad valorem assessment roll" means the roll

24  prepared by the district and certified to the tax collector

25  for collection.

26         (8)  "Resolution" means a formal, written expression,

27  such as a copy of the minutes, of an action adopted by vote of

28  the trustees.

29         (9)  "Reserve funds" means those moneys held by the

30  district for the repayment of any debt and other obligations

31  created pursuant to subsections (15), (16), and (17) of

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  1  section 7 and for known or planned future expenditures which

  2  have been adopted by resolution and which funds may be carried

  3  forward from one fiscal year to the next.

  4         (10)  "Revenues of the district" means moneys acquired

  5  through non-ad valorem assessment, fees derived from the use

  6  of facilities, and interest income thereon.

  7         (11)  "Special district tax" means a non-ad valorem

  8  assessment against each improved residential parcel of the

  9  district to be expended as provided by this act.

10         (12)  "Supervisor" means the supervisor of elections of

11  the county.

12         (13)  "Surplus funds" means revenues of the district

13  less the reserve funds and which funds may be carried forward

14  from one fiscal year to the next.

15         (14)  "Trustee" means a member of the governing body of

16  the district.

17         Section 5.  The business of the district shall be

18  conducted by a board of nine trustees, elected in nonpartisan

19  elections, or appointed as provided by this act, each of whom

20  shall serve for a term of 2 years and may subsequently be

21  reelected.

22         (1)  To serve on the board as a trustee, a person must

23  be a qualified elector residing within the district. To

24  qualify to have his or her name placed on the ballot, a person

25  shall submit the qualifying fee required in section

26  189.405(2)(c), Florida Statutes, or shall present a written

27  petition signed by not fewer than fifteen qualified electors

28  within the district to the supervisor during the time period

29  specified by section 99.061(2), Florida Statutes. Any

30  candidate who collects or expends campaign contributions shall

31  do so in accordance with chapter 106, Florida Statutes, but is

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  1  exempt from those requirements if, at the time of qualifying,

  2  that candidate declares in writing to the supervisor that he

  3  or she will not collect or expend any campaign contributions

  4  except for the expenditure of funds for the payment of the

  5  qualifying fee or the cost of verification of signatures on

  6  petitions.

  7         (2)  The board shall provide each residence in the

  8  district written notification of the names of the candidates

  9  for trustees not less than 15 days before the date of the

10  election for which the candidates have qualified. The board

11  shall also publish notice of the names of the candidates one

12  time at least 10 days prior to the election in a newspaper of

13  general circulation in the county.

14         (3)(a)  Beginning in November 2000, biennial elections

15  shall be conducted by the supervisor during the general

16  election specified in section 100.031, Florida Statutes, and

17  in accordance with the Florida Election Code, except as

18  otherwise provided in this act. It is further provided that,

19  in order to provide for an orderly transition to biennial

20  elections, each of the five trustees elected in 1997 or

21  subsequently appointed to fill any remaining term of any of

22  those five positions shall continue in office until elections

23  are held in the year 2000 and the term of office for all nine

24  trustees shall commence in January 2001 in accordance with

25  this act. The candidates receiving the highest number of votes

26  cast shall be declared elected to fill the number of vacancies

27  to be filled on the board and shall receive a certificate of

28  election from the supervisor.

29         (b)  All qualified electors residing within the

30  district are eligible to vote in district elections providing

31  such electors have registered to vote prior to the closing of

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  1  the registration records for such election. All election

  2  ballots shall be prepared by the supervisor, and the ballot

  3  language shall be substantially in the following form:

  4        Board of Trustees of Twelve Oaks Special District

  5                       (state their names)

  6         (c)  The supervisor shall canvass the returns of the

  7  election and announce the results upon completion. In case two

  8  persons receive an equal and highest number of votes for the

  9  last position to be filled, under the supervision of the

10  supervisor, such persons shall draw lots to determine who

11  shall be elected to the office.

12         (d)  The cost of conducting trustee elections and any

13  referendum as further provided in this act, including

14  compensation for any additional persons employed by the

15  supervisor in excess of those costs already required by any

16  other election being held on the same date, shall be fixed by

17  the supervisor with the approval of the board, and shall be

18  paid by the board on behalf of the district.

19         Section 6.  The business of the district shall be

20  conducted in the following manner:

21         (1)  Each trustee shall take office in accordance with

22  section 100.041(4), Florida Statutes, and shall serve until

23  his or her successor is elected or appointed as provided by

24  this act.

25         (2)  The fiscal year of the district shall begin

26  October 1. Six trustees constitute a quorum, and the board may

27  not conduct official business without a quorum present. A

28  majority of the members present is required for the passage of

29  any resolution coming under consideration by the board and for

30  taking a binding vote on any issue. If at any time the number

31  of trustees drops below six, the Governor shall immediately

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  1  appoint the number of trustees from among the qualified

  2  electors of the district necessary to attain a quorum, and

  3  each such appointee shall serve until his or her successor is

  4  elected or appointed as provided by this act. The board shall

  5  conduct its business as a public body and is subject to all

  6  laws of the state relating to open government, financial

  7  disclosure, avoidance of conflicts of interest, and ethics.

  8         (3)  A trustee is not entitled to compensation for

  9  services rendered on behalf of the district, but is entitled

10  to be reimbursed from funds of the district for any authorized

11  disbursements properly incurred in behalf of the district. The

12  president, the vice president, and the treasurer are

13  authorized to execute checks and documents on behalf of the

14  district, and any disbursement of funds, except those expended

15  from the petty cash fund, must be by check or draft signed by

16  any two of the three officers so authorized. Any trustee

17  authorized to sign checks of the district or otherwise

18  designated to handle its funds shall, before entering upon

19  such duties, execute to the Governor of the state for the

20  benefit of the district a good and sufficient bond in the sum

21  of $5,000 with a qualified corporate surety conditioned to

22  faithfully perform the duties of a trustee and to account for

23  any district funds to which he or she may have access.

24         (4)  In accordance with section 768.1355(3), Florida

25  Statutes, members of the governing board of the district shall

26  incur no civil liability and shall have immunity from suit as

27  provided in section 768.28, Florida Statutes, for acts or

28  omissions relating to conduct of the official duties of the

29  board.

30         Section 7.  The board has the power to:

31

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  1         (1)  Hold an organizational session annually to elect

  2  from its membership a president, a vice president, a recording

  3  secretary, a corresponding secretary, and a treasurer, each of

  4  whom shall be elected for a 1-year term and may be

  5  subsequently reelected, and to establish a regular monthly

  6  meeting date, time, and place which shall be advertised in a

  7  newspaper of general circulation in the county as soon

  8  thereafter as practicable.

  9         (2)  Keep a record of each of its meetings and conduct

10  its business as a public body.

11         (3)  Fill for the unexpired term from among the

12  qualified electors of the district any vacancy that may occur

13  on the board by vote of the remaining trustees, including any

14  which may remain after the Governor pursuant to subsection (2)

15  of section 6 or the trustees have made an appointment or

16  appointments as provided in paragraph (a).

17         (a)  In December of each year in which a district

18  trustee election is held and in the event less than six

19  trustees have run for and been elected during that year's

20  election cycle appoint an additional trustee or trustees from

21  among the qualified electors of the district necessary to

22  attain a quorum when trustees take office in January, each of

23  whom shall serve for the same term as if elected.

24         (4)  By resolution, designate a depository which is

25  qualified as a public depository pursuant to section 280.04,

26  Florida Statutes, and thereafter establish an account to which

27  the special district tax revenues collected are to be

28  deposited by the tax collector and from which expenditures and

29  transfers to and from reserve and surplus fund accounts may be

30  made.

31

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  1         (5)  By November 30 of each year, prepare an annual

  2  financial statement of revenues and expenditures during the

  3  prior fiscal year.

  4         (6)(a)  By July 1 of each year, prepare and adopt an

  5  itemized budget, including projected revenues and expenditures

  6  for the next fiscal year, which reflects the district tax to

  7  be assessed and collected upon the taxable property of the

  8  district for the next year.

  9         (b)  Hold a public hearing at which time property

10  owners and residents within the district may appear and be

11  heard before the adoption of the budget and publish notice of

12  the time and place of the public hearing one time in a

13  newspaper of general circulation within the county not less

14  than 21 days before the public hearing.

15         (c)  Fix by August 1, annually, the special district

16  tax to be assessed annually.

17         (7)  Pay from district funds the premium for a surety

18  bond for specified trustees and any expense incurred on behalf

19  of the district by a trustee as provided by this act.

20         (8)  Pay from district funds any costs associated with

21  the holding of any election or referendum as provided by this

22  act.

23         (9)  Adequately insure the facilities, properties, and

24  operations of the district as well as the trustees of the

25  district, jointly and severally, in the performance of their

26  duties if the board finds such insurance to be necessary.

27         (10)  Transact the business of the district including

28  expending funds from the depository designated in subsection

29  (4) and any reserve and surplus fund accounts.

30

31

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  1         (11)  Adopt bylaws to carry out the provisions of the

  2  act and reasonable regulations for the use of the facilities

  3  of the district.

  4         (12)  Levy a non-ad valorem assessment, known as a

  5  "special district tax," against each improved residential

  6  parcel within the district for the purpose of funding the

  7  needs of the district as provided in this act.

  8         (13)  Receive gifts of real or personal property.

  9         (14)  Enter into contracts and agreements, including

10  for such professional services as legal, accounting, law

11  enforcement, and security services.

12         (15)  Incur debt and other obligations on behalf of the

13  district, including issuing bonds, refunding bonds, notes, and

14  other evidence of indebtedness of the district for the purpose

15  of obtaining funds for the operation of the district,

16  including the purchase of land, buildings, and other

17  improvements; however, the aggregate amount of all obligations

18  of the district payable in any fiscal year shall not exceed

19  the aggregate amount of all revenue received by the district

20  from all sources during such fiscal year. Such obligations

21  must be authorized by resolution and may contain such terms,

22  covenants, and conditions and may be in such form, either

23  coupon or registered, as such resolution or subsequent

24  resolution may provide. Bonds may be issued to finance, in

25  whole or in part, the cost of construction, acquisition, or

26  improvement of real and personal property of the district. The

27  board, in determining such costs, may include all costs and

28  estimated costs of the issuance of said bonds; all

29  engineering, inspection, fiscal, and legal expenses; all costs

30  of preliminary surveys, plans, maps, and specifications;

31  initial reserve funds for debt service; the costs of the

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  1  services of persons, firms, corporations, partnerships, or

  2  associations employed, or consultants, advisors, engineers, or

  3  fiscal, financial, or other experts in the planning,

  4  preparation, and financing of the district, or any asset

  5  thereof, upon such terms and conditions as the board finds

  6  appropriate. The bonds may be sold all at one time or in

  7  blocks, from time to time, at public or private sale, or if

  8  refunding bonds, may also be delivered and exchanged for the

  9  outstanding obligations to be refunded thereby in such manner

10  as the trustees find appropriate by resolution. Pending the

11  preparation of the definitive bonds, interim certificates or

12  receipts or temporary bonds in such form and with such

13  provisions as the trustees may determine may be issued to the

14  purchaser or purchasers of the bonds sold pursuant to this

15  act. Said bonds, and such interim certificates or receipts or

16  temporary bonds, shall be fully negotiable.

17         (16)  Secure bonds, notes, or other certificates of

18  indebtedness issued by the district by pledging to the

19  punctual payment of such obligations its non-ad valorem

20  assessment revenues, and by mortgaging property owned by the

21  district, and by pledging an amount of the revenue derived

22  from fees charged for the use of the facilities and services

23  of the district and the reserve funds, if applicable.

24         (17)  Deliver purchase money notes and mortgages.

25         (18)  Install and maintain facilities and lighting

26  within and adjoining the district and acquire and dispose of

27  other facilities for the general purpose of the district.

28         (19)  Construct and improve real and personal property

29  of the district.

30         (20)  Purchase and lease as lessor or lessee real and

31  personal property on behalf of the district and pay for same

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  1  with cash or, in the case of purchase, by the issuance of

  2  bonds or revenue certificates.

  3         (21)  Sell the real and personal property of the

  4  district.

  5         (22)  Operate, supervise, and maintain recreational

  6  facilities or enter into arrangements with others for such

  7  operation and maintenance pursuant to contract, lease, or

  8  other agreement.

  9         (23)  Establish, charge, and collect reasonable fees

10  for admission to or use of facilities, provided the use of the

11  facilities is extended to residents and nonresident owners

12  within the district and their family members and guests and

13  such other persons and groups as the board authorizes, and

14  apply such fees to the operation, maintenance, improvement, or

15  acquisition of other facilities and to the payment of bonds,

16  notes, and revenue certificates of the district.

17         (24)  Employ personnel necessary for the operation and

18  maintenance of the facilities of the district and expend

19  district funds for a surety bond for each employee authorized

20  to handle funds on behalf of the district.

21         (25)  Expend funds to maintain property not necessarily

22  owned by the district.

23         (26)  Remove for cause any trustee who fails to

24  discharge the duties of the position after due notice and an

25  opportunity to be heard upon charges of malfeasance or

26  misfeasance.

27         (27)  Remove for absenteeism any trustee who is absent

28  from three consecutive meetings, after due notice and an

29  opportunity to be heard upon charges of absenteeism.

30         (28)  Sue and be sued except as otherwise provided by

31  this act.

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  1         (29)  Transfer funds among line items of the budget,

  2  after its adoption, a maximum of 20 percent each fiscal year

  3  to meet unforeseen contingencies.

  4         (30)  Establish in its bylaws provisions for creating a

  5  petty cash fund and expending moneys from that fund.

  6         (31)  Create and maintain reasonable reserve funds for

  7  the repayment of debt and debt service incurred by the board

  8  in behalf of the district and for known or planned future

  9  expenditures which have been adopted by resolution of the

10  board, which funds may be carried forward from one fiscal year

11  to the next.

12         (32)  By resolution invest any surplus and reserve

13  funds of the district in accordance with general law relating

14  to financial matters pertaining to political subdivisions and

15  with section 215.44(1), Florida Statutes.

16         (33)  Establish in its bylaws provisions for calling

17  any other meetings, which provisions shall include the

18  requirement of proper public notice.

19         (34)  Direct the supervisor by resolution to place on

20  the ballot a referendum to change the maximum annual

21  assessment from the amount of $300, which is the amount

22  approved by referendum and in effect at the time this act

23  becomes law.

24         (35)  Direct the supervisor by resolution to place on

25  the ballot a referendum during any regularly scheduled

26  election, or at the time of any special election being

27  conducted for other purposes within the district, for any

28  purpose necessary to conducting the business of the district.

29         (36)  Except as otherwise provided by this act, perform

30  other duties, when applicable, required by chapter 189,

31  Florida Statutes, relating to special districts and for the

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  1  levy, collection, and enforcement of the non-ad valorem

  2  assessment pursuant to chapter 197, Florida Statutes, and this

  3  act.

  4         (37)  Perform other functions necessary to the carrying

  5  out of the provisions of this act.

  6         Section 8.  The tax collector shall include on the

  7  combined notice for ad valorem and non-ad valorem assessments

  8  as provided by section 197.3635, Florida Statutes, the non-ad

  9  valorem assessment established by the board, and the

10  assessment shall be collected in the manner and form provided

11  for collection of non-ad valorem assessments by chapter 197,

12  Florida Statutes, subject to the conditions of section

13  197.3632, Florida Statutes. After deducting the fees provided

14  for in section 197.3632, Florida Statutes, the tax collector

15  shall deposit the remaining funds into the depository

16  designated by the board.

17         Section 9.  The non-ad valorem assessment is a valid

18  lien upon each improved residential parcel of land until it

19  has been paid or is barred by chapter 95, Florida Statutes,

20  and is considered a part of the non-ad valorem assessment for

21  Hillsborough County, subject to the same penalties, charges,

22  fees, and remedies for enforcement and collection as provided

23  by chapter 197, Florida Statutes, for the collection of such

24  non-ad valorem assessments.

25         Section 10.  The district may be dissolved in

26  accordance with the provisions of section 189.4042, Florida

27  Statutes.

28         Section 11.  If any clause, section, or provision of

29  this act is declared to be unconstitutional or invalid for any

30  cause or reason, it shall be eliminated from this act, and the

31  remaining portion of the act shall be in force and effect and

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  1  be as valid as if such invalid portion thereof had not been

  2  incorporated therein.

  3         Section 12.  The provisions of this act shall be

  4  liberally construed in order to effectively carry out the

  5  purpose of this act in the interest of the public.

  6         Section 13.  Chapters 82-305 and 84-438, Laws of

  7  Florida, are repealed; however, the repeal does not affect the

  8  prosecution of any cause of action that accrued before the

  9  effective date of the repeal and does not affect bylaws,

10  rules, actions, decisions, contracts, agreements, obligations,

11  and properties of the district existing before the effective

12  date of the repeal.

13         Section 14.  This act shall take effect upon becoming a

14  law.

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