House Bill 1549

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    Florida House of Representatives - 2000                HB 1549

        By Representative Farkas






  1                      A bill to be entitled

  2         An act relating to Pinellas County; creating

  3         and establishing an independent special

  4         district in said county to be known as the

  5         Lealman Special Fire Control District; creating

  6         a charter; providing a short title; providing

  7         definitions; providing for the boundaries of

  8         the Lealman Special Fire Control District;

  9         providing the intent and purposes of this act;

10         providing for the election of a district board

11         of commissioners; providing for terms of

12         office; providing for officers and meetings of

13         the board; providing for commissioners'

14         compensation and expenses; requiring a bond;

15         providing general and special powers of the

16         district; providing for the levy of ad valorem

17         taxes, non-ad valorem assessments, user

18         charges, and impact fees; providing for

19         referenda; providing for issuance of bonds;

20         providing for a 5-year plan; providing for

21         boundaries and merger of the district

22         boundaries; providing for annexation of

23         territory by municipalities; providing for

24         amendment of charter; providing for effect of

25         dissolution; providing for severability;

26         providing for a referendum with respect to

27         taxing authority; providing an effective date.

28

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

30

31

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  1         Section 1.  The Lealman Special Fire Control District,

  2  an independent special district in Pinellas County, is created

  3  and established, and the charter for such district is created

  4  to read:

  5         Section 1.  Short title.--This Act may be cited as the

  6  "Lealman Special Fire Control District Act."

  7         Section 2.  Definitions.--Unless the context otherwise

  8  requires, capitalized terms used herein shall have the

  9  following meanings ascribed to them:

10         (1)  "Board" means the Board of Commissioners of the

11  Lealman Special Fire Control District.

12         (2)  "County" means Pinellas County, Florida.

13         (3)  "Elector" means a person who is a resident of the

14  District and is qualified to vote in a general election in

15  Pinellas County.

16         (4)  "Emergency medical service" means basic life

17  support service and advanced life support service, as defined

18  in section 401.23, Florida Statutes.

19         (5)  "Governor" means the Governor of the State of

20  Florida.

21         (6)  "Rescue response service" means an initial

22  response to an emergency or accident situation, including, but

23  not limited to, a plane crash, a trench or building collapse,

24  a swimming or boating accident, or a motor vehicle accident.

25         Section 3.  Formation; boundaries.--

26         (1)  For the purpose of providing fire prevention

27  services pursuant to chapter 191, Florida Statutes, an

28  independent special district is hereby created and

29  incorporated to be known as the Lealman Special Fire Control

30  District, hereinafter the "District," in  Pinellas County,

31  which special district shall be a public municipal

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  1  corporation, and shall embrace and include the territory

  2  described as:

  3

  4         An area of unincorporated Pinellas County,

  5         Florida, situated within Sections 25, 35 and

  6         36, Township 30 South, Range 15 East; Sections

  7         32, 33, 34, 35 and 36, Township 30 South, Range

  8         16 East; Sections 1 and 2, Township 31 South,

  9         Range 15 East, Sections 2, 3, 4, 5 and 6,

10         Township 31 South, Range 16 East, being

11         described as follows:

12

13         Begin at the East Quarter Corner of Section 34,

14         Township 30 South, Range 16 East, run N

15         00-00-37 W, 2645.00 ft.; thence S 89-46-16 E,

16         2659.93 ft.; thence N 89-53-11 E, 1327.09 ft.;

17         thence S 00-01-18 W, 2645.00 ft.; thence S

18         89-50-43 E, 3075.76 ft.; thence S 00-01-18 W,

19         1321.66 ft.; thence N 89-54-07 W, 437.63 ft.;

20         thence, S 00-06-29 W, 662.69 ft.; thence N

21         89-48-18 W, 523.69 ft.; thence S 00-13-08 W,

22         662.19 ft.; thence S 89-55-43 W, 1730.03 ft.;

23         thence S 51-00-56 E, 211.06 ft.; thence S

24         05-07-15 E, 253.48 ft.; thence S 03-48-39 E,

25         261.42 ft.; thence S 58-50-52 E, 40.72 ft.;

26         thence S 00-20-27 W, 577.85 ft.; thence S

27         51-41-11 E, 34.73 ft.; thence S 00-45-16 E,

28         424.79 ft.; thence S 04-36-21 E, 256.08 ft.;

29         thence S 00-38-09 W, 692.67 ft.; thence S

30         01-49-22 W, 849.77 ft.; thence S 00-23-52 W,

31         1147.53 ft.; thence N 89-58-34 W, 672.25 ft.;

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  1         thence S 89-52-44 W, 3002.10 ft.; thence N

  2         89-37-28 W, 756.56 ft.; thence S 45-10-25 E,

  3         34.65 ft.; thence West, 93.00 ft.; thence N

  4         05-09-57 W, 24.53 ft.; thence N 89-50-26 W,

  5         246.01 ft.; thence N 02-00-19 W, 337.59 ft.;

  6         thence N 44-33-00 W, 495.08 ft.; thence S

  7         00-03-01 W, 331.74 ft.; thence N 89-30-51 W,

  8         208.84 ft.; thence N 00-29-29 E, 287.67 ft.;

  9         thence S 89-48-50 W, 308.00 ft.; thence S

10         00-33-06 W, 624.60 ft.; thence S 89-58-24 W,

11         992.27 ft.; thence S 89-53-36 W, 1359.22 ft.;

12         thence N 89-59-21 W, 3336.44 ft.; thence N

13         89-51-52 W, 2577.51 ft.; thence N 89-21-59 W,

14         1472.00 ft.; thence N 89-50-56 W, 2466.38 ft.;

15         thence N 00-00-58 W, 664.88 ft.; thence N

16         89-54-04 W, 669.50 ft.; thence S 00-23-32 W,

17         661.86 ft.; thence S 89-54-24 W, 1993.32 ft.;

18         thence N 89-18-30 W, 335.85 ft.; thence N

19         89-52-30 W, 2391.37 ft.; thence N 89-30-52 W,

20         1769.72 ft.; thence N 89-10-15 W, 1317.33 ft.;

21         thence N 00-09-20 E, 662.38 ft.; thence N

22         89-54-22 W, 1107.19 ft.; thence N 01-13-44 E,

23         168.29 ft.; thence N 89-46-14 W, 148.20 ft.;

24         thence S 03-30-00 W, 296.65 ft.; thence S

25         60-59-47 E, 225.00 ft.; thence S 55-45-37 E,

26         580.12 ft.; thence S 56-18-46 E, 179.44 ft.;

27         thence N 89-44-08 W, 145.84 ft.; thence N

28         55-53-33 W, 110.50 ft.; thence S 33-50-14 W,

29         70.68 ft.; thence S 89-00-32 W, 147.80 ft.;

30         thence N 89-42-00 W, 161.19 ft.; thence N

31         89-45-54 W, 1440.29 ft.; thence N 88-05-49 W,

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  1         120.46 ft.; thence S 71-14-45 W, 156.10 ft.;

  2         thence S 89-35-42 W, 2259.28 ft.; thence N

  3         07-38-32 E, 1824.99 ft.; thence N 06-15-00 E,

  4         1684.26 ft.; thence N 31-02-07 E, 1480.02 ft.;

  5         thence N 27-37-21 E, 2993.90 ft.; thence N

  6         25-50-49 E, 2194.33 ft.; thence N 23-11-46 E,

  7         632.37 ft.; thence N 16-14-00 E, 327.98 ft.;

  8         thence N 31-03-30 E, 373.00 ft.; thence S

  9         54-18-01 E, 392.01 ft.; thence S 56-24-51 E,

10         290.42 ft.; thence S 56-38-51 E, 264.76 ft.;

11         thence S 53-54-44 E, 250.25 ft.; thence S

12         54-39-31 E, 286.92 ft.; thence S 54-02-49 E,

13         307.75 ft.; thence S 55-33-46 E, 403.51 ft.;

14         thence S 54-48-57 E, 283.86 ft.; thence S

15         53-25-06 E, 920.87 ft.; to a point of

16         curvature; thence southerly, 1429.57 ft. along

17         the arc of a curve concave westerly, having a

18         radius of 1230.30 ft., through a central angle

19         of 66-34-32, a chord bearing of S 14-49-13 W, a

20         chord length of 1350.49 ft., to a Point of

21         Non-tangency, a radial to said point being S

22         71-37-57 E; thence East, 90.41 ft.; thence S

23         89-45-32 E, 1981.99 ft.; thence S 89-44-25 E,

24         324.00 ft.; thence S 89-44-42 E, 2177.63 ft.;

25         thence S 00-46-40 W, 369.05 ft.; thence N

26         89-39-32 W, 195.04 ft.; thence S 00-46-19 W,

27         292.19 ft.; thence S 89-45-13 E, 362.68 ft.;

28         thence N 00-38-50 E, 661.62 ft.; thence S

29         89-37-02 E, 1623.45 ft.; thence S 01-05-09 W,

30         661.28 ft.; thence S 89-46-29 E, 636.13 ft.;

31         thence S 00-26-00 W, 661.18 ft.; thence East,

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  1         325.56 ft.; thence N 00-32-04 E, 535.96 ft.;

  2         thence East, 320.56 ft.; thence N 00-47-25 E,

  3         546.02 ft.; thence S 83-22-05 W, 325.24 ft.;

  4         thence North, 275.47 ft.; thence S 89-42-49 E,

  5         1619.56 ft.; thence S 00-23-01 W, 181.36 ft.;

  6         thence N 89-34-45 E, 287.34 ft.; thence N

  7         00-19-10 W, 181.84 ft.; thence S 89-32-03 E,

  8         393.50 ft.; thence S 00-17-18 W, 659.55 ft.;

  9         thence S 89-54-33 E, 673.53 ft.; thence N

10         00-22-19 E, 659.86 ft.; thence S 89-57-28 E,

11         1353.00 ft.; thence S 89-54-44 E, 1306.00 ft.;

12         thence S 00-15-04 W, 264.95 ft.; thence S

13         44-24-09 E, 1479.03 ft.; thence S 89-52-56 E,

14         135.08 ft.; thence N 00-07-46 E, 259.95 ft.;

15         thence N 89-48-36 E, 1120.82 ft.; thence S

16         00-29-34 E, 90.85 ft.; thence East, 14.38 ft.;

17         thence S 00-43-42 E, 179.45 ft.; thence N

18         89-42-52 E, 313.38 ft.; thence N 00-13-01 E,

19         1320.98 ft.; thence S 89-46-54 E, 3937.50 ft.

20         to the Point of Beginning.

21

22         LESS AND EXCEPT:

23

24         Lands within the corporate limits of Kenneth

25         City, Florida, described as follows:

26

27         Commence at the Southwest corner of Section 4,

28         Township 31 South, Range 16 East, run N

29         00-24-29 E, 665.39 ft. for a Point of

30         Beginning; thence S 89-21-59 E, 1318.99 ft.;

31         thence N 00-45-58 E, 2012.18 ft.; thence N

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  1         00-04-36 E, 1981.56 ft.; thence N 00-09-57 E,

  2         712.25 ft.; thence N 89-27-23 W, 523.74 ft.;

  3         thence N 00-58-17 E, 165.90 ft.; thence N

  4         88-24-30 W, 101.26 ft.; thence North, 115.28

  5         ft.; thence N 88-40-55 W, 120.91 ft.; thence

  6         North, 160.25 ft.; thence East, 120.88 ft.;

  7         thence N 00-50-37 W, 161.30 ft.; thence S

  8         89-55-21 W, 1040.72 ft.; thence N 00-25-13 E,

  9         664.61 ft.; thence West, 650.06 ft.; thence S

10         00-12-57 W, 1285.51 ft.; thence N 89-10-24 W,

11         1678.86 ft.; thence S 00-31-09 W, 2676.48 ft.;

12         thence N 89-59-28 W, 1605.56 ft.; thence N

13         01-15-57 E, 664.79 ft.; thence N 89-56-35 W,

14         1038.88 ft.; thence S 00-51-59 W, 2021.48 ft.;

15         thence S 89-59-16 E, 2038.91 ft.; thence S

16         89-54-04 E, 669.50 ft.; thence East, 651.91

17         ft.; thence N 00-20-50 E, 660.20 ft.; thence S

18         89-49-17 E, 661.50 ft.; thence N 00-09-04 W,

19         616.35 ft.; thence N 89-46-38 E, 1261.60 ft.;

20         thence South, 618.53 ft.; thence S 89-50-32 W,

21         601.47 ft.; thence S 00-24-50 W, 666.39 ft.;

22         thence East, 502.03 ft.; thence S 00-33-58 W,

23         664.22 ft.; thence S 89-21-59 E, 153.00 ft. to

24         the Point of Beginning.

25

26         LESS AND EXCEPT:

27

28         Lands within the corporate limits of the City

29         of St. Petersburg, Florida, described as

30         follows:

31

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  1         Commence at the Southwest corner of Section 36,

  2         Township 30 South, Range 16 East, run N

  3         00-08-41 E, 658.49 ft. for a Point of

  4         Beginning; thence N 00-06-59 E, 332.26 ft.;

  5         thence N 88-43-34 E, 49.20 ft.; thence N

  6         00-10-44 W, 130.13 ft.; thence S 87-41-27 E,

  7         7.76 ft.; thence N 00-00-23 E, 274.56 ft.;

  8         thence N 88-45-02 W, 27.23 ft.; thence N

  9         00-03-44 E, 518.78 ft.; thence S 89-52-25 W,

10         838.56 ft.; thence S 16-25-30 E, 42.54 ft.;

11         thence S 19-44-50 E, 379.31 ft.; thence S

12         24-57-42 E, 123.37 ft.; thence S 19-27-07 E,

13         398.06 ft.; thence S 30-48-40 E, 108.72 ft.;

14         thence S 23-26-21 E, 300.11 ft.; thence S

15         89-42-45 E, 308.11 ft. to the Point of

16         Beginning.

17

18         Containing 5,197 Acres M.O.L.

19

20         (2)  Any lands within a municipality included in the

21  boundaries of the District, as described herein, shall be

22  excluded from the District and its jurisdiction.  If any area,

23  tract, or parcel of land within the boundaries of the District

24  shall hereafter become annexed to a municipality, such area,

25  tract, or parcel of land shall be excluded from the District

26  effective the next January 1 following such annexation by a

27  municipality.

28         (3)  Should any part of the territory covered in this

29  Act be held not to be included herein, then this Act shall

30  continue in effect as to the balance of the territory.

31         Section 4.  Intent.--The purposes of this Act are to:

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  1         (1)  Provide standards, direction, and procedures

  2  concerning the operation and governance of the special fire

  3  control district known as the Lealman Special Fire Control

  4  District.

  5         (2)  Provide greater uniformity between the Lealman

  6  Special Fire Control District and other independent special

  7  fire control districts.

  8         (3)  Provide greater uniformity in the financing

  9  authority of the Lealman Special Fire Control District without

10  hampering the efficiency and effectiveness of current

11  authorized and implemented methods and procedures of raising

12  revenues.

13         (4)  Improve communication and coordination between the

14  Lealman Special Fire Control District and other local

15  governments with respect to short-range and long-range

16  planning to meet the demands for service delivery while

17  maintaining fiscal responsibility.

18         (5)  Provide uniform procedures for electing members of

19  the governing Board of the Lealman Special Fire Control

20  District to ensure greater accountability to the public.

21         Section 5.  Board of Commissioners--officers; bond;

22  compensation.--

23         (1)  The business affairs of the District shall be

24  conducted and administered by the Board of Commissioners of

25  the Lealman Special Fire Control District, which is

26  established as a Board of five commissioners. Annually, within

27  60 days after newly elected members have taken office, the

28  Board shall organize by electing from its members a chair, a

29  vice chair, a secretary, and a treasurer. The positions of

30  secretary and treasurer may be held by one member. The office

31  of each commissioner comprising the Board of Commissioners of

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  1  the Lealman Special Fire Control District is hereby designated

  2  as being a seat on the Commission, distinguished from each of

  3  the other seats by a numeral: 1, 2, 3, 4, or 5.   The

  4  numerical seat designation does not designate a geographical

  5  subdistrict of the District.

  6         (2)  Each commissioner shall, upon assuming office,

  7  take and subscribe to the oath of office prescribed by Section

  8  5(b), Article II, of the State Constitution, and section

  9  876.05, Florida Statutes.  Each commissioner, within 30 days

10  after assuming office, must give the Governor a good and

11  sufficient surety bond in the sum of $5,000, conditioned upon

12  the faithful performance of the commissioner's duties and upon

13  the accounting of all funds to come into his or her hands as

14  commissioner. All premiums for each surety on all such bonds

15  shall be paid from the funds of the District.

16         (3)  Members of the Board may each be paid a salary or

17  honorarium to be determined by at least a majority plus one

18  vote of the Board, which salary or honorarium may not exceed

19  $500 per month for each member.  Special notice of any meeting

20  at which the Board will consider a salary change for a Board

21  member shall be published at least once, at least 14 days

22  prior to the meeting, in a newspaper of general circulation in

23  the County.  Separate compensation for the Board member

24  serving as treasurer may be authorized by like vote so long as

25  total compensation for the Board member does not exceed $500

26  per month.  Members may be reimbursed for travel and per diem

27  expenses, as provided in section 112.061, Florida Statutes.

28         (4)  Members of the Board shall comply with the

29  financial disclosure, noticing, and reporting requirements of

30  chapter 112, Florida Statutes, and any other applicable law or

31  regulation.

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  1         Section 6.  Board of Commissioners--terms; election;

  2  qualifications; certification of single candidate.--

  3         (1)  Each of the five commissioners shall hold his or

  4  her respective seat on the Board of Commissioners of the

  5  Lealman Special Fire Control District for a term of 4 years

  6  and, except as provided in subsection (3) of this section,

  7  shall be elected by majority vote of the Electors of the

  8  District voting at a general election. In the first election

  9  following the effective date of this Act, seats 1, 3, and 5

10  shall be designated for 4-year terms, and seats 2 and 4 shall

11  be designated for 2-year terms.  All commissioners must be

12  qualified electors within the District and must reside within

13  the District.

14         (2)  Voting for commissioners shall be Districtwide and

15  nonpartisan.

16         (3)  If a vacancy occurs on the Board due to the

17  resignation, death, or removal of a commissioner, or the

18  failure of anyone to qualify for a Board seat, the remaining

19  members may appoint a qualified person to fill the seat until

20  the next general election, at which time an election shall be

21  held to fill the vacancy for the remaining term, if any.  The

22  Board shall remove any member who has three consecutive,

23  unexcused absences from regularly scheduled meetings.  The

24  Board shall adopt policies by resolution defining excused and

25  unexcused absences.

26         (4)  Each commissioner, whenever elected, shall assume

27  office 10 days following the member's election, and shall

28  serve until the commissioner's successor is elected.

29         (5)  All candidates shall qualify with the County

30  Supervisor of Elections.  All candidates may qualify by paying

31  a filing fee of $25 or by obtaining the signatures of at least

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  1  25 registered Electors of the District on petition forms

  2  provided by the Supervisor of Elections, which petitions shall

  3  be submitted and checked in the same manner as petitions filed

  4  by nonpartisan judicial candidates pursuant to section

  5  105.035, Florida Statutes.

  6         (6)  The names of all candidates qualifying for

  7  election to a seat on the Board of Commissioners shall be

  8  included on the ballot or voting machines provided for use in

  9  the district, along with the candidates for County office at

10  each regular County election, in such a way as to clearly

11  indicate the respective seat for which each qualified

12  candidate for District commissioner is running.

13         (7)  Any expense of holding elections for commission

14  seats at the regular County elections shall be paid out of the

15  funds of the District, if required by proper authority.

16         (8)  The Board shall keep a permanent record book

17  entitled "Record of Proceedings of Lealman FCD," in which the

18  minutes of all meetings, resolutions, proceedings,

19  certificates, bonds given by commissioners, and corporate acts

20  shall be recorded.  The record book shall be open to

21  inspection in the same manner as state, county, and municipal

22  records are open under chapter 119, Florida Statutes, and

23  Section 24, Article I, of the State Constitution.  The record

24  book shall be kept at the office or other regular place of

25  business maintained by the Board in the county or municipality

26  in which the District is located.

27         (9)  All meetings of the Board shall be open to the

28  public, consistent with chapter 286, Florida Statutes, section

29  189.417, Florida Statutes, and other applicable general laws.

30         Section 7.  Powers.--

31

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  1         (1)  The District shall have, and the Board may

  2  exercise, all the powers and duties set forth in chapters 189

  3  and 191, Florida Statutes, as they may be amended from time to

  4  time.

  5         (2)  The Board shall exercise the powers described

  6  herein in a manner consistent with the policies and

  7  regulations of the Pinellas County Fire Protection Authority,

  8  which was created pursuant to chapter 73-600, Laws of Florida.

  9         Section 8.  Taxes; non-ad valorem assessments; impact

10  fees; user charges; bond issuance.--

11         (1)  The District shall also hold all powers,

12  functions, and duties set forth in this Act and chapters 189,

13  191, and 197, Florida Statutes, as amended from time to time,

14  including, but not limited to, ad valorem taxation, bond

15  issuance, other revenue-raising capabilities, budget

16  preparation and approval, liens and foreclosure of liens, use

17  of tax deeds and tax certificates as appropriate for non-ad

18  valorem assessments, and contractual agreements; however, an

19  ad valorem tax levied by the Board for operating purposes,

20  exclusive of debt service on bonds, may not exceed 10 mills if

21  approved by a majority vote of qualified electors of the

22  district voting in a referendum election providing for such

23  millage rate. The District may be financed by any method

24  established in this Act, chapter 189, or chapter 191, Florida

25  Statutes, as amended from time to time.

26         (2)  The methods for assessing and collecting non-ad

27  valorem assessments, fees, or service charges shall be as set

28  forth in chapter 170, chapter 189, chapter 191, or chapter

29  197, Florida Statutes, as amended from time to time.

30         Section 9.  Five-year plan.--The District shall adopt a

31  5-year plan to identify the facilities, equipment, personnel,

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  1  and revenue needed by the District during that 5-year period.

  2  The plan shall be updated in accordance with section 189.415,

  3  Florida Statutes, and shall satisfy the requirement for a

  4  public facilities report required by section 189.415(2),

  5  Florida Statutes.

  6         Section 10.  Boundaries and mergers.--

  7         (1)  The boundaries of the District may be modified,

  8  extended, or enlarged upon approval or ratification by the

  9  Legislature.

10         (2)  The merger of the District with all, or portions

11  of, other independent special districts or dependent fire

12  control districts is effective only upon ratification by the

13  Legislature.  A District may not, solely by reason of a merger

14  with another governmental entity, increase ad valorem taxes on

15  property within the original limits of the District beyond the

16  maximum established by the District's enabling legislation,

17  unless approved by the electors of the District by referendum.

18         Section 11.  Annexation of territories by

19  municipalities.--For the purposes and requirements of this

20  Act, after the annexation by a municipality of any

21  unincorporated area within the Lealman Special Fire Control

22  District, the annexed area shall be treated as lying within

23  the corporate boundaries of the annexing municipality, and

24  shall not be subject to a levy of the ad valorem tax which is

25  authorized by this Act.

26         Section 12.  Amendment of charter.--This charter may be

27  amended only by special act of the Legislature.

28         Section 13.  Effect of dissolution.--In accordance with

29  section 189.4042, Florida Statutes, the dissolution of the

30  District shall transfer the title to all property owned by the

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






    Florida House of Representatives - 2000                HB 1549

    728-115-00






  1  District to Pinellas County, which shall assume all

  2  indebtedness of this District.

  3         Section 14.  Severability.--Should any provision of

  4  this Act be held to be unconstitutional, inoperative, or void,

  5  such holding or invalidity shall not affect the remaining

  6  portions of this Act.

  7         Section 15.  Referendum.--The provisions of section 8

  8  which authorize the levy of ad valorem taxation shall take

  9  effect only upon express approval by a majority vote of those

10  qualified electors of the district, as required by Section 9,

11  Article VII, of the State Constitution, voting in a referendum

12  to be held in conjunction with the next general election. Such

13  election shall be held in accordance with the provisions of

14  law relating to elections currently in force in the district.

15         Section 2.  This act shall take effect upon becoming a

16  law.

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