CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Community Affairs offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Pursuant to chapter 97-255, Laws of
18 Florida, this act constitutes the codification of all special
19 acts relating to the Orange County Library District. It is the
20 intent of the Legislature in enacting this law to provide a
21 single, comprehensive special act charter for the district,
22 including all current legislative authority granted to the
23 district by its several legislative enactments and any
24 additional authority granted by this act.
25 Section 2. Chapter 80-555, Laws of Florida, chapter
26 81-450, Laws of Florida, and chapter 91-372, Laws of Florida,
27 relating to the Orange County Library District, are codified,
28 reenacted, amended, and repealed as herein provided.
29 Section 3. Short Title.--This act shall be known and
30 may be cited as the "Orange County Library District Act."
31 Section 4. Legislative findings and intent.--
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 (1) FINDINGS.--The Legislature finds that the Orange
2 County Library District, an independent special district
3 created by chapter 80-555, Laws of Florida, to provide library
4 services and facilities in all of Orange County except the
5 cities of Winter Park and Maitland, has provided high quality
6 library service to district residents and taxpayers throughout
7 its existence. Authorized to levy ad valorem taxes for
8 operating expenses and debt service, the library district has
9 consistently levied taxes substantially below its statutory
10 maximum, and has used the tax revenue efficiently and
11 effectively. Both the Orange County Library District Act and
12 the ad valorem tax authority were expressly approved by the
13 voters of the district by referendum on September 9, 1980, as
14 required by s. 9(b), Article VII of the State Constitution,
15 and the trust and confidence given by the electors to the
16 district has been rewarded with quality library facilities and
17 services.
18 (2) INTENT.--This act constitutes the reenactment and
19 codification of all special acts relating to the district
20 pursuant to s. 189.429, Florida Statutes. This law is intended
21 to provide a single, comprehensive special act charter for the
22 district that ratifies and continues all powers and authority,
23 including its taxing authority, granted to the district by its
24 several previous legislative enactments and that grants such
25 additional authority and imposes such additional requirements
26 and limitations as may be provided by this act.
27 Section 5. Orange County Library District:
28 establishment; boundaries; governing board.--
29 (1) ESTABLISHMENT.--The creation of the Orange County
30 Library District pursuant to chapter 80-555, Laws of Florida,
31 for the purpose of providing library services and facilities
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 within the district is hereby ratified.
2 (2) BOUNDARIES.--The Orange County Library District is
3 composed of all areas of Orange County, Florida, except the
4 incorporated areas of the Cities of Winter Park and Maitland,
5 as the boundaries of those municipalities may from time to
6 time exist.
7 (3) GOVERNING BOARD.--The Governing Board of the
8 Orange County Library District is composed of the Board of
9 County Commissioners of Orange County, Florida, and one member
10 appointed by the City Council of the City of Orlando, Florida.
11 Such city council appointees shall be appointed for a term of
12 2 years, shall not serve more than three consecutive terms,
13 and may be removed from the governing board for cause by the
14 city council.
15 Section 6. Governing board powers.--The governing
16 board shall have the power to:
17 (1) Levy annually an ad valorem tax upon taxable
18 property within the district in the same manner as other
19 county and municipal ad valorem taxes are levied, provided
20 that:
21 (a) The millage allocated to annual operating and
22 maintenance expenses of the district shall not exceed one (1)
23 mill; and
24 (b) The millage allocated to debt service shall not
25 exceed an amount necessary to pay principal of and interest on
26 bonds issued under subsection (4).
27 (2) Purchase, lease, construct, or otherwise acquire
28 capital projects related to the library services and
29 facilities of the district and to convey such capital projects
30 to the Orange County Library Board of Trustees in trust for
31 the benefit of the residents in the district.
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 (3) Appropriate and expend revenue of the district,
2 subject to the limitations of this act.
3 (4) Issue bonds, notes, any other certificates of
4 indebtedness, or any form of tax or bond anticipation notes or
5 certificates payable from all or any portion of the ad valorem
6 tax revenues of the district, but only when the proceeds of
7 such bonds, notes, certificates of indebtedness, or tax
8 anticipation notes or certificates are used to finance or
9 refinance capital projects related to library services or
10 facilities of the district, and only when such indebtedness is
11 approved at referendum pursuant to law. Bonds issued hereunder
12 shall be payable from taxes to be levied on all taxable
13 property in the district without limitation as to rate or
14 amount. However, the aggregate amount of bonds issued and
15 outstanding hereunder at any time shall not require in any
16 year for the payment of principal and interest falling due an
17 amount greater than one (1) mill on the assessed valuation of
18 all taxable property in the district at the time of the
19 issuance of such bonds. In issuing such bonds or other forms
20 of indebtedness, the governing board may pledge the full faith
21 and credit of the district for service of the debt to be
22 incurred.
23 (5) Issue revenue bonds or notes payable from the
24 proceeds of any fees, charges, fines, rentals, grants, or
25 other sources of revenue (except ad valorem taxes) which may
26 be or become available to the district; to pledge such
27 revenues to the payment of such revenue bonds or notes; to
28 make all customary or necessary covenants for the security of
29 such revenue bonds or notes (including covenants to assure the
30 adequacy of such revenues and the proper collection, holding,
31 and disposition thereof); to agree to pay some or all expenses
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 of maintenance and operation from sources other than pledged
2 revenues (and not to diminish the rate of taxation available
3 therefor); to capitalize interest and reserves in such amounts
4 as the governing board may deem necessary; to pay all costs of
5 issuance of such bonds or notes, including fiscal, legal, bond
6 insurance, and printing expenses from bond or note proceeds or
7 other sources; and to apply the proceeds of said revenue bonds
8 or notes to the payment of the cost of any or all facilities
9 or property (real or personal, including books) which said
10 district is empowered to acquire, including all architectural,
11 legal, engineering, and other professional costs in connection
12 therewith, or to the refunding of previously issued revenue
13 bonds or notes.
14 (6) Issue such bonds, revenue bonds or notes, tax or
15 bond anticipation notes, or other forms of indebtedness at
16 such interest rate or rates as the governing board may
17 determine.
18 (7) Appoint members to the Orange County Library Board
19 of Trustees as provided in section 8.
20 (8) Budget, appropriate, and pay revenues of the
21 district to the board of trustees for operation and
22 maintenance of library services and facilities, and, when
23 conveyed to the board of trustees, such revenues shall be
24 deemed revenues of the board of trustees to be expended by the
25 trustees at their discretion pursuant to the powers granted
26 under this act and subject to limitations contained in this
27 act.
28 (9) Exercise powers of eminent domain over private
29 property pursuant to law, but only where such property will be
30 used for a public purpose related to library services and
31 facilities. This power of eminent domain shall not extend to
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 property owned by any municipality.
2 Section 7. Use of tax revenues; supplemental
3 appropriations and services in kind.--Ad valorem tax revenue
4 of the district may be used only for the operation and
5 maintenance expenses of district library services and
6 facilities, for capital expenditures related to district
7 library services and facilities, or for servicing debt
8 incurred in financing or refinancing capital projects as
9 authorized by this act. Notwithstanding any other provision of
10 this act, any county or city may appropriate, and the board of
11 trustees may accept and expend, funds for library facilities,
12 services, programs, and operations which are supplemental to
13 ad valorem tax revenues otherwise collected pursuant to this
14 act. Further, any county or city may provide to the board of
15 trustees services and in-kind contributions of any nature
16 whatsoever in support of library facilities, services,
17 programs, and operations.
18 Section 8. Orange County Library Board of Trustees:
19 establishment and purpose; appointment of members, terms,
20 removal, and vacancies; compensation; quorum, rules of
21 procedure, and seal.--
22 (1) ESTABLISHMENT AND PURPOSE.--There is hereby
23 established the Orange County Library Board of Trustees, a
24 public body corporate and politic. The board of trustees shall
25 be deemed a public instrumentality, and the exercise by the
26 trustees of the powers conferred by this act shall be deemed
27 the performance of an essential public function.
28 (2) APPOINTMENT OF MEMBERS, TERMS, REMOVAL, AND
29 VACANCIES.--The Orange County Board of Trustees shall consist
30 of five members appointed by the governing board, two of whom
31 shall be nominated by the City of Orlando. A nominee of the
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 City of Orlando shall be appointed by the governing board to
2 the board of trustees unless rejected for good cause shown.
3 (a) All members shall serve terms of four years,
4 except that each member shall continue to serve beyond his or
5 her term until a successor is appointed, and the term of the
6 successor shall be reduced by the amount of the holdover. No
7 member shall serve more than two full terms consecutively or
8 more than ten consecutive years. No person employed either by
9 Orange County or by the City of Orlando shall serve on the
10 board of trustees during the time of such employment. Further,
11 no elected official of any county or municipality may serve on
12 the board of trustees during the term of elected office. The
13 appointment of all members serving as of the effective date of
14 this act, and the terms for which they were appointed, are
15 hereby ratified and validated.
16 (b) Any trustee may be removed by majority vote of the
17 governing board for good cause affecting his or her ability to
18 perform the duties as a member, or for misfeasance,
19 malfeasance, or nonfeasance in office, but only after a
20 hearing at which such trustee is given the right to present
21 evidence in his or her own behalf and only upon a finding by
22 majority vote of the governing board that good cause for
23 removal affecting the member's ability to perform the duties
24 as a member exists, or a finding that the trustee was guilty
25 of misfeasance, malfeasance, or nonfeasance in office.
26 (c) Upon the occurrence of a vacancy on the board of
27 trustees, the governing board shall appoint a new member to
28 serve during the unexpired portion of the term no later than
29 ninety days after occurrence or discovery of the vacancy.
30 (3) COMPENSATION.--Trustees shall serve without
31 compensation, except that they may be reimbursed for
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 reasonable travel and per diem expenses incurred in the course
2 of their duties and responsibilities as trustees or on behalf
3 of the governing board or otherwise in engaging in the
4 business of the district. Any such reimbursement for travel or
5 per diem expenses shall be in amounts pursuant to general law.
6 (4) QUORUM, RULES OF PROCEDURE, AND SEAL.--A quorum
7 shall consist of three members of the board of trustees, and
8 official action shall be taken only upon majority of the
9 trustees present and voting. The board of trustees shall adopt
10 bylaws for election of officers and orderly proceedings and
11 shall adopt a common seal for the certification of its
12 actions.
13 Section 9. Powers of the Orange County Library Board
14 of Trustees.--The Orange County Library Board of Trustees
15 shall have the following powers:
16 (1) To manage, administer, operate, supervise,
17 oversee, and maintain all library facilities and services,
18 programs, and functions for the benefit of the residents of
19 the Orange County Library District.
20 (2) To purchase, lease, or otherwise acquire real and
21 personal property, and generally to take all other actions
22 regarding such property as may be necessary in the prudent
23 management, operation, and maintenance of district library
24 services and facilities. However, all property, real or
25 personal, acquired by the board of trustees from whatever
26 source or by whatever means shall be deemed to be held in
27 trust for the benefit of the residents of this district for
28 library purposes. If the powers of the board of trustees under
29 this act are ever rescinded or dissolved for whatever reason,
30 all rights, title, and interest of the trustees in all
31 property then owned by the trustees shall revert automatically
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 to the governing board or its successor to be held in trust
2 for the benefit of the residents of the district for library
3 purposes.
4 (3) To lease, grant, sell, or otherwise convey real
5 property upon approval of the governing board.
6 (4) To dispose of personal property as necessary in
7 the prudent management, operation, and maintenance of library
8 services and facilities.
9 (5) To employ personnel and to take all other actions
10 consistent with generally accepted employment practices.
11 (6) To retain attorneys, accountants, architects,
12 engineers, and other consultants and professionals.
13 (7) To accept gifts of money or property for the
14 beneficial use of the residents of the district and to act as
15 trustee with full legal capacity to administer any money or
16 property conveyed to the district in trust by any party,
17 private or public, whether by will, deed, or other instrument,
18 or by any court of competent jurisdiction.
19 (8) To contract with any county, city, or other public
20 body for the provision of library services within or outside
21 of the district, provided that library services outside the
22 district shall not be subsidized by the ad valorem revenues of
23 the district.
24 (9) To apply for and accept any grant of money or
25 property from any governmental body or private organization
26 and to enter into contracts incidental thereto.
27 (10) To serve as agent for and to enter into contracts
28 on behalf of the governing board, but only to the extent
29 expressly approved by the governing board.
30 (11) To adopt and implement rules, regulations,
31 policies, and procedures for the management, operation, and
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 maintenance of library services and facilities in the
2 district, and to set fees, fines, and other charges in
3 connection with such operation and services.
4 (12) To contract, to receive and expend money, to sue
5 and be sued, and generally to perform all other acts necessary
6 or incidental to the express powers and duties granted or
7 imposed by this act or by any instrument of trust.
8 Section 10. Duties of the Orange County Library Board
9 of Trustees.--
10 (1) Each member of the board of trustees, before
11 entering upon his or her duties, shall take and subscribe the
12 oath or affirmation required by the Constitution of the State
13 of Florida. A record of each oath shall be filed with the
14 Department of State and with the Orange County Comptroller.
15 (2) The board of trustees shall comply with the budget
16 and audit requirements of ss. 189.418(4) and 218.34, Florida
17 Statutes, and any successor or other applicable general laws.
18 (3) The board of trustees shall perform fully all
19 duties prescribed by any trust instruments which may from time
20 to time convey property to the trustees from the governing
21 board or from other public or private persons or entities, but
22 only to the extent that such trust instruments are not
23 inconsistent with this act.
24 (4) The board of trustees shall be bound by all
25 covenants securing any revenue bonds or notes issued from time
26 to time by the governing board.
27 Section 11. Entitlement of district residents to
28 library services; enforcement; limitation of trustee
29 liability.--
30 (1) ENTITLEMENT OF DISTRICT RESIDENTS TO LIBRARY
31 SERVICES.--For so long as the governing board levies an ad
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 valorem tax pursuant to this act for the operation and
2 maintenance of library services and facilities, all residents
3 of the district shall be entitled to use of the general
4 library services and facilities without charge. However,
5 nothing in this subsection prohibits the board of trustees
6 from imposing fines for delinquent library materials or
7 charges for library services and facilities which are
8 specialized and of a type not typically used by the general
9 public. Further, such entitlement shall cease and shall not
10 apply if and when ad valorem tax revenues are used solely for
11 servicing debt incurred in the acquisition or refinancing of
12 capital projects.
13 (2) ENFORCEMENT.--Except as otherwise provided by the
14 trust instrument, the provisions and requirements of any trust
15 for which the board of trustees acts as trustee may be
16 enforced only by the governing board.
17 (3) LIMITATION ON TRUSTEE LIABILITY.--Absent personal
18 negligence, no member of the Orange County Library Board of
19 Trustees shall incur any personal liability for the tortious
20 acts or violations of fiduciary duty of any employee of the
21 board of trustees.
22 Section 12. Severability.--If any portion of this act
23 is held invalid or unconstitutional by any court of law, all
24 remaining portions of the act shall remain in full force and
25 effect if, and only if, the intent of the Legislature can
26 continue to be effected.
27 Section 13. Chapter 80-555, Laws of Florida, chapter
28 81-450, Laws of Florida, and chapter 91-372, Laws of Florida,
29 are repealed.
30 Section 14. This act shall take effect upon becoming a
31 law.
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HOUSE AMENDMENT
Bill No. HB 1695
Amendment No. 1 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 17 and 18,
4 remove from the title of the bill: all of said lines
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6 and insert in lieu thereof:
7 deleting obsolete provisions; repealing chapter
8 80-555, Laws of Florida, and
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