Senate Bill 2672er

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  1

  2         An act relating to the Hillsboro Inlet

  3         District, Broward County; combining and

  4         codifying chapter 96-541, Laws of Florida,

  5         chapter 94-454, Laws of Florida, chapter

  6         83-381, Laws of Florida, chapter 75-351, Laws

  7         of Florida, chapter 73-422, Laws of Florida,

  8         chapter 63-1178, Laws of Florida, chapter

  9         61-1966, Laws of Florida, and chapter 57-1183,

10         Laws of Florida, which created and incorporated

11         a special taxing district in Broward County,

12         known as the Hillsboro Inlet and Maintenance

13         District; repealing all prior special acts of

14         the Legislature relating to the Hillsboro Inlet

15         District; providing for an amendment to the

16         charter section titled "Prevention of Erosion

17         of City of Pompano Beach Area," previously

18         codified under chapter 75-351, Laws of Florida,

19         to allow the district to perform erosion

20         prevention activities to the extent possible

21         with existing district equipment and littoral

22         sands pursuant to part I of ch. 161, F.S.;

23         providing that this act shall take precedence

24         over any conflicting law to the extent of such

25         conflict; providing an effective date.

26

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

28

29         Section 1.  Pursuant to chapter 97-255, Laws of

30  Florida, this act constitutes the codification of all special

31  acts relating to the Hillsboro Inlet District.  It is the


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  1  intent of the Legislature in enacting this law to provide a

  2  single, comprehensive special act charter for the district,

  3  including all current legislative authority granted to the

  4  district by its several legislative enactments and any

  5  additional authority granted by this act.

  6         Section 2.  Chapter 96-541, Laws of Florida, chapter

  7  94-454, Laws of Florida, chapter 83-381, Laws of Florida,

  8  chapter 75-351, Laws of Florida, chapter 73-422, Laws of

  9  Florida, chapter 63-1178, Laws of Florida, chapter 61-1966,

10  Laws of Florida and chapter 57-1183, Laws of Florida, relating

11  to the Hillsboro Inlet District, are codified, reenacted,

12  amended, and repealed as herein provided.

13         Section 3.  Status and boundaries.--A special tax

14  district is hereby created and incorporated to be known as the

15  "Hillsboro Inlet District" in Broward County, Florida, which

16  said district shall embrace and include the following

17  described property, situate, lying, and being in Broward

18  County, State of Florida, to-wit:

19

20  Beginning at the intersection of the Atlantic Ocean and the

21  Broward County-Palm Beach County line; thence run Westerly

22  along said Broward County-Palm Beach County line to West

23  right-of-way line of Dixie Highway; thence South along the

24  West right-of-way line of Dixie Highway to a point on the

25  South line of Section 2, Township 49 South, Range 42 East;

26  thence East along said South line of Section 2, Township 49

27  South, Range 42 East and Section 1, Township 49 South, Range

28  42 East to the east right-of-way line of Federal Highway U.S.

29  #1; thence South along East right-of-way line of Federal

30  Highway U.S. #1 to a point on the South boundary of Section

31  13, Township 49 South, Range 42 East; thence East along said


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  1  South boundary of Section 13, Township 49 South, Range 42 East

  2  and Section 18, Township 49 South, Range 43 East, to the

  3  Atlantic Ocean; thence North along the mean low water mark of

  4  Atlantic Ocean to the Point of Beginning.

  5         Section 4.  Board of commissioners.--

  6         (1)  The governing body of the Hillsboro Inlet District

  7  shall consist of nine commissioners, who shall serve without

  8  compensation, except as provided for in section 11.  One

  9  representative on the governing body or Board of Commissioners

10  of the Hillsboro Inlet District shall be appointed by each of

11  the City Commissioners or Town Councils of the Cities of

12  Deerfield Beach, Florida; Hillsboro Beach, Florida; Pompano

13  Beach, Florida; Lauderdale-By-The-Sea; Florida; Lighthouse

14  Point, Florida; Fort Lauderdale, Florida; and, Sea Ranch

15  Lakes, Florida, and two representatives shall be appointed by

16  the County Commission of Broward County, Florida.  Each

17  representative so appointed by the aforementioned

18  municipalities shall represent the municipality making such

19  appointment, and the representatives appointed by the county

20  commission shall represent the unincorporated areas.  The

21  duties, functions, and responsibilities of the district shall

22  continue as provided for herein in the event that any

23  municipality represented hereby is dissolved, merged, or fails

24  to appoint representatives to the district board.  Said

25  representatives shall be qualified electors, residing in the

26  district from which they are appointed for more than six

27  months prior to appointment.

28         (2)  A majority of the quorum at a regular or special

29  meeting shall be sufficient for any legal action to be taken

30  by the governing body of the district.  Said commissioners

31


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  1  shall be known and designated as the "Board of Commissioners

  2  of the Hillsboro Inlet District."

  3         (3)  All members currently qualified and holding office

  4  as commissioners shall continue in office until their terms

  5  expire or as otherwise provided by law.  The said

  6  commissioners shall hold office for a term of 5 years from the

  7  date of their respective appointments from the appointing

  8  municipality or until their successors are appointed and

  9  qualified.  To the extent that any members of the board of

10  commissioners are members at the time of the adoption of this

11  act as appointees of the Board of County Commissioners of

12  Broward County, such members shall continue as members until

13  the expiration of their respective appointment.  The Governor

14  of the State of Florida shall have the power to remove any

15  member of said board of commissioners for cause and shall fill

16  any vacancies that may at any time occur therein.  Each member

17  shall give bond to the Governor of the State of Florida for

18  the faithful performance of his or her duties in the sum of

19  $10,000 with a surety company qualified to do business in the

20  State of Florida, as surety, which bond shall be approved and

21  kept by the Clerk of the Circuit Court of Broward County,

22  Florida.  The premiums on said bonds shall be paid as part of

23  the expenses of said district.

24         Section 5.  General powers of the board of

25  commissioners.--

26         (1)  The Board of Commissioners of said Hillsboro Inlet

27  District shall have all the powers of a body corporate,

28  including the power to sue and be sued under the name of

29  Hillsboro Inlet District, to contract and be contracted with;

30  to adopt and use a common seal, and to alter the same at

31  pleasure; to acquire, purchase, hold, lease, and convey such


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  1  real and personal property as said board may deem proper or

  2  expedient to carry out the purposes of this act; to appoint

  3  and employ such other agents, legal counsel, and employees as

  4  said board may deem advisable; to act as an independent

  5  special district and to comply with the applicable provisions

  6  of chapter 189, Florida Statutes, as amended from time to

  7  time; and to carry out the provisions of this act in the

  8  manner hereinafter provided.

  9         (2)  The Board of Commissioners of the Hillsboro Inlet

10  District shall have the power to borrow money for the purpose

11  of paying current obligations and operating expenses of the

12  district, in accordance with the approved budget, repayable

13  out of current revenues reasonably to be anticipated during

14  the fiscal year in which the loan is made, provided that the

15  interest rate on such shall not exceed the market rate then

16  prevailing at the time of such borrowing.

17         (3)  The board of commissioners is hereby authorized to

18  pledge the current anticipated tax revenues as security for

19  any loan so made, provided that prior to any said loan the

20  board shall have first, by resolution, duly passed by not less

21  than two-thirds of the membership of the board, levied a tax

22  on the real property in accordance with the provisions of

23  sections 9 and 10 of this act.

24         (4)  The board of commissioners shall, by duly passed

25  resolution, authorize the loan to be secured by a note, or

26  notes, signed by the chairman, and its seal impressed thereon.

27         (5)  The board of commissioners is hereby authorized to

28  pledge anticipated revenues to be derived during the extended

29  life of the district for the purpose of securing a bond issue

30  for the purpose of affecting permanent improvements to the

31  Hillsboro Inlet; provided however, said bond issue be first


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  1  approved by not less than two-thirds of the membership of the

  2  board.

  3         Section 6.  Quorum; minutes; records.--

  4         (1)  A majority of said commissioners shall constitute

  5  a quorum.  The commissioners shall cause true and accurate

  6  minutes and records to be kept of all business transacted by

  7  them, and shall keep full, true, and complete books of account

  8  and minutes, which minutes, records, and books of account

  9  shall at all reasonable times be open and subject to the

10  inspection of inhabitants of said district; and any person

11  desiring to do so may make or procure a copy of said minutes,

12  records, or books of account, or such portions thereof as he

13  may desire, all in accordance with the provisions of chapter

14  119, Florida Statutes, as amended from time to time.

15         (2)  There shall be at least one regular meeting of the

16  governing body each month.  The regular meeting of the

17  governing body shall be conducted at a public building located

18  within the geographical boundaries of the district.  The

19  regular meetings of the governing body shall be conducted on

20  the third Monday of each month commencing at 7:30 p.m.;

21  however, the governing body by appropriate motion may change

22  or cancel the date and time of the holding of the regular

23  monthly meeting of the governing body.  If such a change is

24  made, a notice of the holding of the meeting at a time or date

25  different than 7:30 p.m. on the third Monday of each month,

26  shall be advertised pursuant to section 189.417, Florida

27  Statutes.

28         (3)  Special meetings or workshop meetings of the

29  governing body may be called from time to time by the chair,

30  vice chair, or by a majority of the members of the governing

31  body.  A notice stating the date, time, and place of such


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  1  workshop meetings or special meetings of the governing body,

  2  shall be posted at the customary location where the governing

  3  body shall meet at least 24 hours prior to the holding of such

  4  a meeting and with appropriate notification to the media, and

  5  as may otherwise be required by law. 

  6         Section 7.  Authorization of improvements, facilities,

  7  etc; declaration of public purpose.--

  8         (1)  The board of commissioners is hereby authorized

  9  and empowered to establish, construct, operate, and maintain

10  such improvements, facilities, and equipment as in their

11  opinion shall be necessary for the maintenance of navigation

12  and drainage at Hillsboro Inlet.  The improvements,

13  facilities, or equipment shall be established, constructed,

14  operated, and maintained by said board of commissioners for

15  the preservation and aid of navigation and for the public good

16  and for the use of the public of said district at Hillsboro

17  Inlet; and maintenance of such facilities within said district

18  is hereby found and declared to be a public purpose and

19  necessary for the preservation of navigation and for the

20  public use and welfare of said district and inhabitants

21  thereof.

22         (2)  The district is hereby authorized and empowered to

23  enter into interlocal agreements, from time to time, by,

24  between, and among lawfully qualified governmental entities

25  described and defined in chapter 163, Florida Statutes,  as

26  amended from time to time.

27         Section 8.  Payment of funds out of district.--The

28  funds of the Hillsboro Inlet District shall be paid out only

29  upon check signed by the chair, or in his or her absence, the

30  vice chair of the board, or any other commissioner so

31  designated; and no check shall be drawn or issued against


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  1  funds of said district, except for a purpose authorized by

  2  this act, and no such check against funds of this district

  3  shall be drawn or issued until after the account or

  4  expenditure for which the same is to be given in payment has

  5  been approved by the board of commissioners.

  6         Section 9.  Tax levy authorized.--The Board of

  7  Commissioners of the Hillsboro Inlet District is hereby

  8  authorized, empowered, and directed annually to levy upon all

  9  the real taxable property in said district a sufficient tax

10  necessary for the purposes and needs of said district incurred

11  in the exercise of the powers and purposes herein granted;

12  provided, however, the amount of the tax levied shall not

13  exceed, in any event, one-half of one mill on the assessed

14  valuation of such real property so taxed.

15         Section 10.  Resolution for levying tax; tax assessment

16  and collection by county.--The levy by the Hillsboro Inlet

17  District board of commissioners of the taxes authorized by any

18  provision of this act shall be by resolution of said board

19  duly entered upon the minutes of the board, in accordance with

20  the provisions contained in chapter 200, Florida Statutes, as

21  amended from time to time.  The Tax Collector of Broward

22  County, Florida, shall collect such tax so levied by the board

23  in the same manner as other taxes are collected, and shall pay

24  the same over to the Board of Commissioners of the Hillsboro

25  Inlet District within the time and in the manner prescribed by

26  law.  The taxes shall be assessed by the same officer as are

27  county taxes upon such property, and such taxes shall be

28  remitted by the collecting officer to the Board of

29  Commissioners of the Hillsboro Inlet District.  All such taxes

30  shall be held by the board of commissioners and paid out by it

31  as provided in this act.  The board is authorized to pay


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  1  necessary expenses consistent with chapter 200, Florida

  2  Statutes, as amended from time to time, for the assessment and

  3  collection of taxes on a reasonable fee basis.

  4         Section 11.  Expenses.--The board of commissioners is

  5  authorized to pay from the funds of the district all costs,

  6  fees, and expenses of the board and all other reasonable and

  7  necessary expenses, as provided for in chapter 112, Florida

  8  Statutes, as amended from time to time.  This section,

  9  however, shall not be construed to restrict any of the powers

10  vested in said board of commissioners by any other section or

11  provisions of this act.  At their option, members of the board

12  of commissioners shall be entitled to continue to receive

13  health and medical insurance otherwise available to employees

14  of the district.  Members of the board of commissioners shall

15  be entitled to receive reimbursement for expenses provided for

16  in chapter 112, Florida Statutes, as amended from time to

17  time.

18         Section 12.  Publication of annual statement.--The

19  board of commissioners shall publish, one time in a newspaper

20  of general circulation in the district, a budget summary of

21  the district coincidental with the annual budgeting and

22  appropriation process associated with the district's

23  compliance with chapter 200, Florida Statutes, as amended, in

24  its adoption of an annual millage and budget provided for in

25  this act. 

26         Section 13.  Construction of provisions.--It is

27  intentioned that the provision of this act shall be liberally

28  construed for accomplishing the work authorized and provided

29  for or intended to be provided for in this act.  Where strict

30  construction would result in the defeat of the accomplishment

31  of any part of the work authorized by this act, and a liberal


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  1  construction would permit or assist in the accomplishment

  2  thereof, the liberal construction shall be chosen.

  3         Section 14.  Prevention of erosion of City of Pompano

  4  Beach area.--Should any improvement or maintenance of the

  5  Hillsboro Inlet by the Hillsboro Inlet District contribute to

  6  or accelerate erosion of any beach area in the City of Pompano

  7  Beach or cause any area of the City of Pompano Beach to be

  8  denied drainage and navigation through the inlet which it

  9  formerly enjoyed, then the Hillsboro Inlet District is hereby

10  authorized to build such structures and perform such

11  activities as a part of its regular duties, to the extent

12  possible with then existing district equipment from the sand

13  available from the littoral drift, as will:

14         (1)  Ensure that the inlet's improvements or

15  maintenance no longer contribute to or accelerate erosion of

16  any beach area in the City of Pompano Beach;

17         (2)  Ensure that any area in the City of Pompano Beach

18  which formerly enjoyed drainage and navigation through the

19  inlet will continue to enjoy drainage and navigation through

20  the inlet; and

21         (3)  Ensure that such activities are consistent with

22  and do not contravene the intent of chapter 161, part I,

23  Florida Statutes.

24         Section 15.  Purchases; competitive bidding.--

25         (1)  All purchases of supplies, equipment, and

26  materials for use in the operation and maintenance of said

27  district in excess of $2,500, shall be approved by the Board

28  of Commissioners of the Hillsboro Inlet District after

29  competitive conditions shall have been maintained and

30  competitive bids or price quotations sought from at least

31  three different sources of supply.  During unusual conditions


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  1  or emergencies, the board of commissioners may by resolution

  2  authorize the purchase of designated supplies and equipment in

  3  excess of the limitations herein prescribed when in the

  4  discretion of the board of commissioners the purchase

  5  contemplated is deemed to be in the best interest of the

  6  citizens and residents residing in the district.

  7         (2)  If in the opinion of the chair or vice chair an

  8  emergency situation exists which poses a threat to life,

  9  health, and safety or for the protection of the assets of the

10  district, the chair, or in his absence, the vice chair,

11  subject to later ratification by the governing body, may incur

12  costs and expenses associated with remedying the aforesaid

13  conditions in an amount not to exceed $50,000 and further

14  subject to future annual increases as occasioned by the most

15  closely aligned Consumer Price Index applicable to South

16  Florida.  Contracts for construction of public improvements

17  authorized under this act shall not be let by the board of

18  commissioners except after advertisement for competitive

19  sealed bids has been made; but this provision shall not apply

20  to work performed by regular employees of the Hillsboro Inlet

21  District.

22         Section 16.  The Hillsboro Inlet District shall have

23  continuous existence unless otherwise sunsetted by the

24  Legislature, as provided by law.

25         Section 17.  Disposition of property upon termination

26  of district.--Upon the termination of the Hillsboro Inlet

27  District, all real, personal, or mixed properties of the

28  district shall become and be vested in the State of Florida,

29  by operation of law, and all money on hand or thereafter

30  received, after satisfaction of all indebtedness and

31  obligations of the district, shall revert to the several


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  1  subdivisions comprising the district, and refund shall be made

  2  to each subdivision in the same proportion that the several

  3  subdivisions have contributed to the revenues of the district

  4  for the fiscal year in which the termination takes place.

  5         Section 18.  Removal of commissioners.--The appointing

  6  bodies appointing commissioners pursuant to section 4 of this

  7  act shall have the right and power to remove such appointees,

  8  with or without cause.

  9         Section 19.  Except as specifically provided herein,

10  chapter 96-541, Laws of Florida, chapter 94-454, Laws of

11  Florida, chapter 83-381, Laws of Florida, chapter 75-351, Laws

12  of Florida, chapter 73-422, Laws of Florida, chapter 63-1178,

13  Laws of Florida, chapter 61-1966, Laws of Florida, and chapter

14  57-1183, Laws of Florida, are repealed.

15         Section 20.  In the event of a conflict of the

16  provisions of this act with the provisions of any other act,

17  the provisions of this act shall control to the extent of such

18  conflict.

19         Section 21.  In the event any section or provision of

20  this act is determined to be invalid or unenforceable, such

21  determination will not affect the validity of or

22  enforceability of each other section and provision of this

23  act.

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

25  law.

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