House Bill hb1041er

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    2001 Legislature                      HB 1041, First Engrossed



  1

  2         An act relating to the Fort Myers Beach

  3         Mosquito Control District, Lee County;

  4         providing legislative intent; providing for

  5         codification of the special acts relating to

  6         the District pursuant to s. 189.429, F.S.;

  7         codifying, reenacting, and amending all prior

  8         special acts relating to the District;

  9         codifying the several county resolutions

10         relating to the District; providing a District

11         charter; repealing all prior special acts

12         relating to the District; providing an

13         effective date.

14

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

16

17         Section 1.  Pursuant to section 189.429, Florida

18  Statutes, this act constitutes the codification of all special

19  acts relating to the Fort Myers Beach Mosquito Control

20  District. This act also constitutes the codification of all

21  resolutions relating to the Fort Myers Beach Mosquito Control

22  District. It is the intent of the Legislature in enacting this

23  law to provide a single, comprehensive special act charter for

24  the District, including all current legislative authority

25  granted to the District by its several legislative enactments

26  and any additional authority granted by this act.

27         Section 2.  This act constitutes the codification of

28  County resolutions adopted June 8, 1949, July 12, 1949, June

29  24, 1957, June 3, 1959, and Resolution Number 89-07-12,

30  adopted by the Board of County Commissioners of Lee County,

31  Florida, relating to the Fort Myers Beach Mosquito Control


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  1  District.  Chapters 57-2059, 61-2394, 65-1820, 67-1630,

  2  72-598, 79-493, 81-414, 82-316, 83-442, and 83-454, Laws of

  3  Florida, as said laws relate to the Fort Myers Beach Mosquito

  4  Control District, are hereby codified, reenacted, amended, and

  5  repealed as herein provided.

  6         Section 3.  The charter for the Fort Myers Beach

  7  Mosquito Control District is re-created and reenacted to read:

  8         Section 1.  Creation; intent.--The Fort Myers Beach

  9  Mosquito Control District is re-created as an independent

10  mosquito control District that shall operate pursuant to this

11  special act and the provisions of chapter 388, Florida

12  Statutes, as it may be amended from time to time, and all

13  other general laws, whether referenced herein or not, which

14  are applicable to independent special districts.

15         Section 2.  Boundaries.--There is hereby reestablished

16  the Fort Myers Beach Mosquito Control District for the purpose

17  of mosquito control pursuant to chapter 388, Florida Statutes,

18  and the boundaries of said District are declared to be as

19  follows:

20

21         A tract or parcel of land lying in parts of

22         Township 46 South, Range 23 East and Township

23         46 South, Range 24 East and part of Township 47

24         South, Range 24 East, Lee County, Florida,

25         which tract or parcel is described as follows:

26

27         Beginning at the southeast corner of section

28         24, Township 46 South, Range 24 East being a

29         point on the northerly line of Area No. 5

30         described in 67-1630 Special Acts of Florida,

31         as enacted by the 1967 session of the Florida


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  1         Legislature, run westerly along the south line

  2         of said section and a north line of said Area

  3         No. 5 for 2,700 feet more or less to the waters

  4         of Estero Bay and the Point of Beginning of

  5         said Area No. 5; thence run southwesterly along

  6         a northwesterly line of said Area No. 5 across

  7         the waters of Estero Bay for 8,300 feet to a

  8         point of intersection; thence run southerly

  9         along a westerly line of said Area No. 5 across

10         said Bay and Starvation Flats for 4,200 feet

11         more or less to a point of intersection; thence

12         run southeasterly, southerly and southwesterly

13         along a westerly line of said area running

14         across said Bay and Big Carlos Pass for 10,000

15         feet more or less to a point of intersection in

16         said Area No. 5; thence run northwesterly

17         across Big Carlos Pass and along the shoreline

18         of Estero Island for 6,100 feet more or less to

19         a point of intersection; thence continue

20         northwesterly along said shoreline for 3,200

21         feet more or less to a point of intersection;

22         thence continue along said shoreline

23         northwesterly for 22,800 feet more or less to a

24         point of intersection; thence run northwesterly

25         along said shoreline for 3,900 feet more or

26         less to a point of intersection; thence run

27         northwesterly along said shoreline and across

28         San Carlos Bay for 8,000 feet more or less to

29         the intersection of a westerly prolongation of

30         the north line of Section 13, Township 46

31         South, Range 23 East and the waters of San


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  1         Carlos Bay; thence run easterly along said

  2         prolongation and said north line and the north

  3         line of Sections 18, 17, 16, 15, 14 and 13

  4         being also the southerly line of Area No. 1 as

  5         described in said Special Acts of Florida to

  6         the northeast corner of said Section 13,

  7         Township 46 South, Range 24 East; thence run

  8         southerly along the easterly line of said

  9         Section 13 and Section 24, Township 46 South,

10         Range 24 East for 10,600 feet more or less to

11         the Point of Beginning. Containing 14,615 acres

12         more or less. Bearings hereinabove mentioned

13         are assumed.

14

15         Section 3.  Governing body.--The District shall be

16  governed by a board which shall consist of three commissioners

17  of the District elected by a vote of the electors of the

18  District pursuant to section 388.101, Florida Statutes, or any

19  other applicable general law or special law, as said laws may

20  be amended from time to time. This act shall not affect the

21  balance of the terms of the current members serving on the

22  board of commissioners of the District and each member shall

23  complete his or her current elected term. Vacancies on the

24  board of commissioners shall be filled as provided by section

25  388.111, Florida Statutes, or any other applicable general law

26  or special law, as said laws may be amended from time to time.

27  Members of the board of commissioners may each be paid a

28  salary as provided in section 388.141, Florida Statutes, or

29  any other applicable general law or special law, as said laws

30  may be amended from time to time. The board of commissioners

31  shall hold meetings as provided by section 388.151, Florida


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  1  Statutes, or any other applicable general law or special law,

  2  as said laws may be amended from time to time.

  3         Section 4.  Officers.--As soon as practicable after the

  4  election of members of the board, the members shall meet and

  5  elect from the membership a chair, secretary, and treasurer as

  6  provided by section 388.121, Florida Statutes, or any other

  7  applicable general law or special law, as said laws may be

  8  amended from time to time.

  9         Section 5.  Powers.--The District shall have and the

10  board may exercise the powers and authority provided by

11  chapter 388, Florida Statutes, by the special laws related to

12  the District being codified hereby, by the county resolutions

13  adopted by the Board of County Commissioners of Lee County,

14  Florida, related to the District, or by any other applicable

15  general law or special law, as said laws may be amended from

16  time to time. The board of commissioners may do any and all

17  things necessary for the control and elimination of all

18  species of mosquitoes and other arthropods of public health

19  importance as provided by applicable general law or special

20  law, as said laws may be amended from time to time. The

21  District is authorized to use any and all mechanical,

22  physical, chemical, or biological control measures as the

23  board may deem necessary to accomplish the purposes of this

24  law. In particular, the District shall have and the board may

25  exercise all the powers of a body corporate, including:  the

26  power to sue and be sued as a corporation in any court; to

27  contract; to adopt and use a common seal; to purchase, hold,

28  control, acquire by gift, condemn, lease, and convey such real

29  estate, easements, and personal property, including surplus

30  property, as the board may deem proper to carry out the

31  purposes of this law; to exercise the right of eminent domain


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  1  and institute and maintain condemnation proceedings as

  2  provided in chapter 73, Florida Statutes; to secure letters of

  3  patent, copyrights, and trademarks, both foreign and domestic,

  4  on any work products, and to enforce its rights therein; to

  5  operate airports and air navigation facilities within the

  6  District's boundaries in accordance with chapter 332, Florida

  7  Statutes; to employ such experts, agents, and employees as the

  8  board may require; to provide uniforms for District employees;

  9  to participate with employees in a family group insurance

10  plan; to contract and cooperate with county, state, and other

11  governmental agencies with regard to mosquito control or

12  suppression; and to borrow money, all in conformance with

13  applicable provisions of constitutional law, general law, and

14  special law, as said laws may be amended from time.

15         Section 6.  District budgets; hearing.--The fiscal year

16  of the District shall be the 12-month period extending from

17  October 1 of one year through September 30 of the following

18  year. The board of commissioners shall prepare a budget for

19  the ensuing fiscal year and hold public hearings on same as

20  provided in section 388.201, Florida Statutes, and in

21  conformance with other applicable general law and special law,

22  as said laws may be amended from time to time.

23         Section 7.  Taxes.--

24         (1)  The board of commissioners may levy on all taxable

25  property in the District a special tax not exceeding 1 mill on

26  the dollar during each year as a maintenance tax to be used

27  solely for the purposes of the District as authorized herein

28  and by general law and special law, as said laws may be

29  amended from time to time. The board of commissioners of the

30  District shall comply with all requirements of general law and

31  special law, as said laws may be amended from time to time,


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  1  concerning the levy of the District's annual maintenance tax.

  2  All such taxes shall be held by the treasurer for the credit

  3  of the board and paid out by the treasurer as ordered by the

  4  board.

  5         (2)  The Legislature does determine that the

  6  eradication and control of mosquitoes within the District is

  7  of special benefit and constitutes a special improvement for

  8  the benefit of the District and the property located therein

  9  and is therefore subject to assessment for special benefits,

10  and the board of commissioners of the District is authorized

11  to levy assessments for special benefits upon all of the

12  property in the District. However, the total amount of any

13  such assessment levied under this subsection shall not exceed

14  an amount equal to 1 mill on the dollar of the total valuation

15  of the property so assessed. Further, the total of any tax

16  that might be levied under subsection (1) and the assessment

17  for special benefits levied under this subsection shall not

18  exceed 1 mill on the dollar of the value of any such property.

19         Section 8.  Assessment and collection of taxes.--Taxes

20  herein provided for shall be assessed and collected in the

21  manner prescribed by applicable general law or special law, as

22  said laws may be amended from time to time. The board of

23  commissioners shall by resolution certify to the property

24  appraiser of Lee County, timely for the preparation of the tax

25  roll, the tax rate to be applied in determining the amount of

26  the District's annual maintenance tax. Certified copies of

27  such resolution executed in the name of the board of

28  commissioners by its chair and secretary and under its

29  corporate seal shall be made and delivered to the property

30  appraiser, the Board of County Commissioners of Lee County,

31  and the Department of Revenue not later than September 30 of


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  1  such year. The property appraiser of Lee County shall assess

  2  and the tax collector of Lee County shall collect the amount

  3  of taxes so assessed and levied by said board of commissioners

  4  of the District upon all of the taxable real and personal

  5  property in the District at the rate of taxation adopted by

  6  the board of commissioners for said year and included in said

  7  resolution, and said levy shall be included in the warrants of

  8  the property appraiser and attached to the assessment roll of

  9  taxes for the county each year. The tax collector shall

10  collect such taxes so levied by the board in the same manner

11  as other taxes are collected and shall pay the same within the

12  time and in the manner prescribed by law to the treasurer of

13  the board. The Department of Revenue shall assess and levy on

14  all the railroad lines and railroad property and telegraph and

15  telephone lines and telegraph and telephone property situated

16  in the District in the amount of each such levy as in the case

17  of other state and county taxes and shall collect said taxes

18  thereon in the same manner as it is required by law to assess

19  and collect taxes for state and county purposes and remit the

20  same to the treasurer of the board. The tax officers of Lee

21  County are hereby authorized and directed to perform the

22  duties devolving upon them under chapter 388, Florida

23  Statutes, and to receive compensation therefor at such rates

24  or charges as are provided by law with respect to similar

25  services or charges.

26         Section 9.  Use, loan, or rental of equipment.--The

27  use, loan, or rental of equipment by the District shall be as

28  provided in section 388.231, Florida Statutes, or any other

29  applicable general law or special law, as said laws may be

30  amended from time to time.

31


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  1         Section 10.  State aid.--The District shall be eligible

  2  to receive state funds, supplies, services, and equipment as

  3  provided by chapter 388, Florida Statutes, and any other

  4  applicable general law or special law, as said laws may be

  5  amended from time to time.

  6         Section 11.  Breeding places.--

  7         (1)  Any breeding place for any species of mosquitoes

  8  or any other arthropod of public health importance which

  9  exists by reason of any use made on the land on which it is

10  found, or of any artificial change in its natural condition,

11  is hereby declared to be a public nuisance. Such nuisance may

12  be abated as provided herein or by any applicable general law

13  or special law, as said laws may be amended from time to time.

14         (2)  Whenever a nuisance specified in this chapter

15  exists upon any property in the District, the board of

16  commissioners may notify in writing the owner or the party in

17  possession, or the agent of either, of the existence of the

18  nuisance. The notice shall state the finding of the District

19  that a public nuisance exists on the property and the

20  approximate location of such nuisance on such property. The

21  notice shall be served upon the owner of record or the person

22  having possession, or upon the agent of either. The notice

23  shall be served by any person authorized by the board in the

24  same manner as the summons in a civil action. If the property

25  belongs to a person who is not a resident of the District, and

26  there is no one in possession nor an agent of either upon whom

27  service can be made, or who can after diligent search be

28  found, the notice shall be served by posting a copy in a

29  conspicuous place upon the property for a period of 10 days,

30  and by mailing a copy to the owner of record addressed to his

31  or her address as given on the last completed assessment roll


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  1  of Lee County, or, in the absence of an address on the roll,

  2  to his or her last known address. Before complying with the

  3  requirements of the notice of abatement, the owner or party in

  4  possession may appear at a hearing before the board at a time

  5  and place fixed by the board and stated in the notice. At the

  6  hearing the District board shall determine whether the initial

  7  finding as set forth in the notice is correct and shall permit

  8  the owner or party in possession to present testimony on his

  9  or her behalf. If, after hearing all the facts, the board

10  makes a determination that a nuisance exists on the property,

11  the board shall order compliance with the requirements of the

12  notice or with alternate instructions issued by the board.

13         (3)  Any recurrence of the nuisance may be deemed to be

14  a continuation of the original nuisance.

15         (4)  In the event the nuisance is not abated by

16  appropriate measures to eliminate the nuisance and to prevent

17  its recurrence within the time specified in the notice or at

18  the hearing, the board of commissioners may abate the nuisance

19  by taking any measures it deems appropriate to eliminate the

20  nuisance and prevent the recurrence of further breeding. The

21  cost of abatement of a nuisance under this section shall be

22  repaid to the District by the owner of the property.

23         (5)  When any nuisance specified in this chapter is

24  found to exist on any lands or property subject to the control

25  of any public agency, the District shall notify the public

26  agency of the existence of the nuisance. The provisions of

27  this section relating to the contents of the notice, the

28  manner of serving it, the right of the public agency to a

29  hearing before the board, and the power of the District to

30  abate the nuisance if it is not abated by the public agency

31  shall apply. If the public agency determines that the order to


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  1  eliminate the nuisance and prevent recurrence of the breeding

  2  specified in the notice to abate the nuisance is excessive or

  3  inappropriate for the intended use of the land, or if the

  4  public agency determines that a public nuisance within the

  5  meaning of this chapter does not exist, such public agency may

  6  appeal the decision of the board in accordance with "The State

  7  Agency Dispute Settlement Act of 1978." If the control of the

  8  nuisance is performed by the District, the cost for such

  9  control is a charge against, and shall be paid from, the

10  maintenance fund or from any other funds budgeted for the

11  support of the public agency.

12         (6)  All sums expended by the District in abating a

13  nuisance, including preventing its recurrence, shall become a

14  lien upon the property on which the nuisance is abated or its

15  recurrence is prevented.

16         Section 4.  This act shall be construed as a remedial

17  act and shall be liberally construed to promote the purpose

18  for which it is intended, which is a codification,

19  reenactment, and repeal of the several legislative enactments

20  of the Fort Myers Beach Mosquito Control District and

21  codification of county resolutions relating to the District.

22         Section 5.  In the event of a conflict of the

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

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

25  conflict.

26         Section 6.  Chapters 57-2059, 61-2394, 65-1820,

27  67-1630, 72-598, 79-493, 81-414, 82-316, 83-442, and 83-454,

28  Laws of Florida, as said laws relate to the Fort Myers Beach

29  Mosquito Control District, are repealed.

30         Section 7.  This act shall take effect upon becoming a

31  law.


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