Senate Bill sb2370

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    Florida Senate - 2001        (NP)                      SB 2370

    By Senator Carlton





    24-1431-01                                         See HB 1855

  1                      A bill to be entitled

  2         An act relating to the Holiday Park Park and

  3         Recreation District, Sarasota County; amending,

  4         codifying, reenacting, and repealing special

  5         acts relating to the district; providing

  6         boundaries of the district; providing for a

  7         Board of Trustees; providing for election and

  8         organization of the board; providing powers and

  9         duties of the board; providing for a tax;

10         providing powers and duties of the district;

11         requiring a financial statement and budget;

12         providing definitions; requiring a record of

13         meetings of the board; providing for filling

14         vacancies; providing for bonds; providing for

15         severability; providing an effective date.

16

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

18

19         Section 1.  Pursuant to section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Holiday Park Park and Recreation

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. It is

27  further the intent of this act to preserve all district

28  authority, including the authority to annually assess and levy

29  against the taxable property in the district a tax not to

30  exceed 0.2 mills on the dollar of assessed valuation.

31

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1         Section 2.  Chapters 81-441, 82-380, and 87-445, Laws

  2  of Florida, are codified, amended, reenacted, and repealed as

  3  provided herein.

  4         Section 3.  The charter for the Holiday Park Park and

  5  Recreation District is re-created and reenacted to read:

  6         Section 1.  Pursuant to chapter 81-441, Laws of

  7  Florida, all of the residential land in Holiday Park

  8  Subdivisions, City of North Port, Sarasota County, Florida,

  9  hereinafter described, became and was incorporated into and as

10  a park and recreation district, being a special taxing

11  district, and a political subdivision of the State of Florida,

12  having the powers and duties herein set forth, under the name

13  of "Holiday Park Park and Recreation District." The granting

14  of said powers and duties to the district shall not in any way

15  diminish the powers and authority of the City of North Port.

16         Section 2.  The lands so incorporated being described

17  as follows:

18

19         HOLIDAY PARK UNIT ONE, as per plat thereof

20         recorded in Plat Book 19, Pages 27 through 27G,

21         of the Public Records of Sarasota County,

22         Florida, and HOLIDAY PARK UNIT TWO, as per plat

23         thereof recorded in Plat Book 20, Pages 8

24         through 8N, of the Public Records of Sarasota

25         County, Florida.

26

27         Section 3.  The business and affairs of said district

28  shall be conducted and administered by a board of nine

29  trustees, hereinafter referred to as the "trustees," who shall

30  organize by electing from their number a chair, a first vice

31  chair, a second vice chair, a secretary, and a treasurer after

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  each election. The meeting at which the trustees elect the

  2  officers shall be called the "organizational meeting." Said

  3  trustees shall not receive any compensation for their services

  4  but shall be entitled to be reimbursed from funds of the

  5  district for any authorized disbursements they may properly

  6  incur on behalf of the district. Each trustee authorized to

  7  sign checks of the district or otherwise designated to handle

  8  its funds shall, before said trustee enters upon such duties,

  9  execute to the Governor of the State of Florida, for the

10  benefit of said district, a good and sufficient bond approved

11  by a circuit judge of Sarasota County in the sum of $10,000

12  with a qualified corporate surety conditioned to faithfully

13  perform the duties of such trustee and to account for all

14  funds that may come into his or her hands as trustee. All

15  premiums for such surety on all bonds shall be paid from the

16  funds of the district.

17         Section 4.  All district elections shall be conducted

18  and supervised by the Supervisor of Elections in the County of

19  Sarasota, under the rules governing general elections in the

20  County of Sarasota, except as may otherwise be provided

21  herein. All elections shall be held at the Holiday Park

22  Recreation Hall in the district.

23         Section 5.  Any registered voter residing in the

24  district may vote in a district election. Application for

25  absentee ballots may be requested from the Supervisor of

26  Elections of Sarasota County within 1 year prior to each

27  election, and shall be counted if received by the Supervisor

28  of Elections' office by 7:00 P.M. on the day of each such

29  election pursuant to the Florida Election Code. All election

30  ballots shall be prepared by the Supervisor of Elections of

31  the County of Sarasota. A person desiring to have the person's

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  name placed on the ballot for election as a trustee of the

  2  district shall be a registered voter residing in the district

  3  and a freeholder within the district and shall pay a filing

  4  fee of $25, or in the alternative, the person may qualify by

  5  fulfilling the requirements of section 99.095, Florida

  6  Statutes. Notice of said election setting forth the names of

  7  the persons proposed as trustees of the district shall be

  8  given by the district in writing addressed to each resident

  9  within the district not less than 15 days before the date of

10  each election, and shall also be published one time at least

11  10 days prior to such election, in a newspaper of general

12  circulation published in the county, and if no newspaper is

13  published in the county, then they shall cause written or

14  printed notices of said election to be posted in five public

15  places within the district. Notwithstanding the provisions of

16  section 101.20, Florida Statutes, the publication of a sample

17  ballot is not required. The Supervisor of Elections of

18  Sarasota County shall appoint inspectors and clerks for the

19  election whose duties shall be the same as those of officers

20  in general elections, except as herein stated. The election

21  may be by ballot or by other electronic or electromechanical

22  voting system, and if by ballot the same shall be written or

23  printed in black ink on plain paper and shall be substantially

24  in the following form:

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26          Board of Trustees of the Holiday Park Park and

27            Recreation District (stating their names)

28

29  and, if by other electronic or electromechanical voting

30  system, the requirements for the ballot herein described shall

31  be adapted to the use of such voting system. Election of

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  trustees shall be held annually on the second Tuesday of March

  2  or, in the alternative, on another Tuesday in March in

  3  conjunction with any other special, primary, or general

  4  election to be conducted by the Supervisor of Elections, by

  5  electing five trustees in even-numbered years and four

  6  trustees in odd-numbered years for 2-year terms. In the March

  7  2002 election, Seats #1, #3, #5, #7, and #9 shall be filled.

  8  In the March 2003 election, Seats #2, #4, #6, and #8 shall be

  9  filled. Trustees may succeed themselves in office. The term of

10  the newly elected trustees shall commence at the Board of

11  Trustees' organizational meeting, which shall be held within 7

12  days following the election. Trustees shall serve until their

13  successors take office, except as otherwise provided herein.

14  The trustees whose seats are filled pursuant to the trustees'

15  election in December 1999 (Seats #1, #3, #5, #7, and #9) shall

16  serve until their successors take office following the March

17  2002 trustees' election. The trustees whose seats are filled

18  pursuant to the trustees' election in December 2000 (Seats #2,

19  #4, #6, and #8) shall serve until their successors take office

20  following the March 2003 trustees' election.

21         Section 6.  The Supervisor of Elections of Sarasota

22  County shall canvass the returns of the election and shall

23  announce the result thereof no later than the day following

24  the election. The expenses of the Supervisor of Elections for

25  conducting each election shall be paid out of general funds of

26  the district.

27         Section 7.  The Board of Trustees shall have the right,

28  power, and authority to levy a special assessment known as a

29  "recreation district tax" against all taxable real estate

30  situated within said district for the purpose of providing

31  funds for the operation of the district. The trustees shall,

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  on or before August 1 of each year, by resolution fix the

  2  amount of the assessment for the next ensuing fiscal year and

  3  shall direct the Property Appraiser of Sarasota County to

  4  assess and the Tax Collector of Sarasota County to collect

  5  such tax as assessed upon each improved residential parcel of

  6  property within the district. Prior to the adoption of the

  7  resolution fixing the amount of the assessment, the trustees

  8  shall hold a public hearing at which time property owners

  9  within the district may appear and be heard. Notice of the

10  time and place of the public hearing shall be published once

11  in a newspaper of general circulation within the County of

12  Sarasota at least 21 days prior to the said public hearing.

13  The county Property Appraiser shall include on the Sarasota

14  County tax roll the special assessment for park and recreation

15  district benefits thus made by the Board of Trustees of the

16  district, and the same shall be collected in the manner and

17  form as provided for collection of county taxes. The offices

18  of the county Tax Collector and the county Property Appraiser

19  shall each receive compensation for their services regarding

20  such special assessments of 1 1/2 percent of the gross tax

21  receipts instead of the commissions and fees usually earned

22  for the assessment and collection of county taxes. Further,

23  the services of the Property Appraiser and the Tax Collector

24  under this act are hereby declared to be special services

25  performed directly for the district, and any payment therefor

26  shall not be personal income of such official but shall be

27  income to said official's office. After deducting therefrom

28  the said fees, the Tax Collector shall deposit the funds into

29  a depository designated by the Board of Trustees of the

30  district for the account of the district. For the purpose of

31  determining property subject to the district tax, an "improved

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  residential parcel" shall be construed to mean a platted lot

  2  or lots on which a mobile home may be erected. The district

  3  tax shall be levied against each lot or proportionally against

  4  any fraction thereof which is part of an improved residential

  5  parcel. The district tax shall not be an ad valorem tax but

  6  rather shall be a unit tax assessed equally against all

  7  improved residential parcels.

  8         Section 8.  The district may acquire and hold property,

  9  sue and be sued, enter into contracts, and perform other

10  functions necessary or desirable to the carrying out of the

11  provisions and intent of this act. No debt shall be created

12  without the approval of the Board of Trustees.

13         Section 9.  The district tax shall be a lien upon each

14  improved residential parcel of land so assessed until said tax

15  has been paid, and shall be considered a part of the Sarasota

16  County tax, subject to the same penalties, charges, fees, and

17  remedies for enforcement and collection as provided by the

18  laws of the State of Florida for the collection of such taxes.

19         Section 10.  The proceeds of said tax and the funds of

20  the district shall be deposited in the name of the district in

21  a bank or savings and loan association or building and loan

22  association authorized to receive deposits of county funds,

23  which depository shall be designated by resolution of the

24  Board of Trustees. No funds of the district shall be disbursed

25  save and except by check or draft signed by the chair and

26  treasurer of the board or, in the absence of either, by

27  another trustee designated for that purpose by the board.

28         Section 11.  All vacancies occurring in the Board of

29  Trustees from any cause shall be filled for the unexpired term

30  by the remaining trustees by the appointment of a successor

31  trustee or trustees from among the registered voters residing

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  in the district who are freeholders within said district. Any

  2  trustee failing to discharge the duties of the trustee's

  3  position may be removed for cause by the Board of Trustees,

  4  after due notice and an opportunity to be heard upon charges

  5  of malfeasance or misfeasance.

  6         Section 12.  The fiscal year of the district shall

  7  commence October 1 of each year and end on September 30 of the

  8  following year. The trustees shall, on or before April 1 of

  9  each year, prepare an annual financial statement of income and

10  disbursements during the prior fiscal year. On or before July

11  1 of each year, the trustees shall prepare and adopt an

12  itemized budget showing the amount of money necessary for the

13  operation of the district for the next fiscal year and the

14  district tax to be assessed and collected upon the taxable

15  property of the district for the next ensuing year. Such

16  financial statement shall be published once during the month

17  of April each year in a newspaper of general circulation

18  within the County of Sarasota. A copy of said statement and a

19  copy of said budget shall also be furnished by mail to each

20  taxpayer within said district within 30 days of its

21  preparation and a copy made available for public inspection at

22  the principal office of the district at reasonable hours.

23         Section 13.  The "property" of the district shall

24  consist of property and improvements now or hereafter erected

25  or purchased by the trustees for the district as well as any

26  other real or personal property which the trustees of the

27  district may, in their discretion, determine to be necessary

28  or convenient for the purposes of the district; in addition

29  thereto, for the comfort and convenience of taxpayers within

30  the district, the trustees may in their discretion assume the

31  cost of installing and maintaining entrance parkways and

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  street lighting within the district and may acquire and

  2  dispose of any other facilities for the general purposes of

  3  the district.

  4         Section 14.  Persons entitled to use the facilities and

  5  property of the district shall be limited to property owners

  6  within the district, their family members and guests, and to

  7  such other persons and groups as the trustees may authorize

  8  from time to time.

  9         Section 15.  The trustees shall supervise all real and

10  personal property owned by the district, and shall have the

11  following powers in addition to those already herein

12  enumerated:

13         (a)  To negotiate purchases and to purchase real and

14  personal property on behalf of the district and to pay for

15  such purchases either with cash or by the issuance of bonds or

16  revenue certificates.

17         (b)  To determine and fix the tax to be assessed

18  annually within the district.

19         (c)  To enter into contracts on behalf of the district.

20         (d)  To incur obligations on behalf of the district,

21  including the power to issue bonds, notes, and other evidence

22  of indebtedness of the district for the purpose of obtaining

23  funds for the operation of the district including the purchase

24  of lands, buildings, and other improvements; provided,

25  however, the aggregate amount of all obligations of the

26  district payable in any calendar year may not exceed the

27  aggregate amount of all revenue received by the district from

28  all sources during such calendar year; bonds, notes, or other

29  certificates of indebtedness issued by the district may be

30  secured by the pledge of tax revenues obtained by the district

31  as well as by mortgage of property owned by the district.

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1         (e)  To issue its bonds to finance, in whole or in

  2  part, the cost of construction, acquisition, or improvement of

  3  real and personal property of the district. The trustees, in

  4  determining such costs, may include all costs and estimated

  5  costs of the issuance of said bonds; all engineering,

  6  inspection, fiscal, and legal expenses; all costs of

  7  preliminary surveys, plans, maps, and specifications; initial

  8  reserve funds for debt service; the costs of the services of

  9  persons, firms, corporations, partnerships, or associations

10  employed, or consultants, advisors, engineers, or fiscal,

11  financial, or of other experts hired in the planning,

12  preparation, and financing of the district. The trustees are

13  hereby authorized to employ and to enter into agreements or

14  contracts with consultants, engineers, attorneys, and fiscal,

15  financial, or other experts for the planning, preparation, and

16  financing of the district, or any asset thereof, upon such

17  terms and conditions as the trustees shall deem desirable and

18  proper. The district may pledge to the punctual payment of

19  bonds or revenue certificates issued pursuant to this act, and

20  interest thereon, an amount of the revenue derived from the

21  facilities and services of the district, including

22  acquisitions, extensions, and improvements thereof sufficient

23  to pay said bonds and the interest thereon as the same shall

24  become due and to create and maintain reasonable reserves

25  therefor.

26         (f)  To buy, sell, rent, or lease real and personal

27  property in the name of the district; to deliver purchase

28  money notes and mortgages or to assume the obligation of

29  existing mortgages in connection with the acquisition of

30  property of the district; and to receive gifts of real or

31  personal property.

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1         (g)  To promulgate reasonable rules and regulations

  2  governing the use of the facilities of the district.

  3         (h)  To use district funds in the administration and

  4  enforcement of the deed restrictions as filed in the Sarasota

  5  County public records for properties within the district.

  6         (i)  To regulate the use of roads within Holiday Park

  7  Park and Recreation District by adoption of the provisions of

  8  chapter 316, Florida Statutes, as currently enacted and

  9  subsequently amended.

10         (j)  To contract with the City of North Port, Florida,

11  for the enforcement of the provisions for the regulation of

12  the use of roads within Holiday Park Park and Recreation

13  District, as set forth in paragraph (i).

14         (k)  To provide trash and garbage collection and cable

15  television or other centralized television antenna signals and

16  services for the benefit of all persons residing within the

17  district; to own, operate, and maintain the necessary

18  equipment and apparatus or to contract with others to provide

19  such services; and to hold such franchises as may be necessary

20  or desirable to provide such services.

21         Section 16.  The construction, acquisition, or

22  improvement of real or personal property of the district, or

23  the refunding of any bonds or other obligations issued for

24  such purposes, may be authorized under this act. Bonds may be

25  authorized to be issued under this act to provide funds for

26  such purposes by resolution or resolutions of the Board of

27  Trustees, which may be adopted at the same meeting at which

28  they were introduced and may be adopted by a majority of the

29  members thereof, and shall take effect immediately upon

30  adoption and need not be published or posted. Said bonds shall

31  bear interest at a rate pursuant to section 215.84, Florida

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  Statutes, payable semiannually, may be in one or more series,

  2  may bear such date or dates, may mature at such time or times

  3  not exceeding 40 years from their respective dates, may be

  4  made payable in such medium of payment, at such place, within

  5  or without the state, may carry such registration privileges,

  6  may be subject to such terms of redemption, with or without

  7  premium, may be executed in such manner, may contain such

  8  terms, covenants, and conditions, and may be in such form,

  9  either coupon or registered, as such resolution or subsequent

10  resolution may provide. Said bonds may be sold all at one time

11  or in blocks from time to time, at public or private sale, or

12  if refunding bonds, may also be delivered and exchanged for

13  the outstanding obligations to be refunded thereby, in such

14  manner as the Board of Trustees shall determine by resolution,

15  and at such price or prices computed according to standard

16  tables of bond value as will yield to the purchasers or the

17  holders of the obligations surrendered in exchange in the case

18  of refunding bonds, income at a rate pursuant to section

19  215.84, Florida Statutes, to the maturity dates of the several

20  bonds so sold or exchanged on the money paid or the principal

21  amount of obligations surrendered therefor to the district.

22  Pending the preparation of the definitive bonds, interim

23  certificates or receipts or temporary bonds in such form and

24  with such provisions as the Board of Trustees may determine

25  may be issued to the purchaser or purchasers of the bonds sold

26  pursuant to this act. Said bonds, and such interim

27  certificates or receipts or temporary bonds, shall be fully

28  negotiable.

29         Section 17.  A record shall be kept of all meetings of

30  the Board of Trustees and in such meetings a concurrence of a

31  majority of said trustees shall be necessary to any

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  affirmative action taken by the board. Said Board of Trustees

  2  may adopt such rules and regulations, not inconsistent with

  3  any portion of this act, as it may deem necessary or

  4  convenient in and about the transaction of its business and in

  5  carrying out the provisions of this act.

  6         Section 18.  For the general purposes of this act, each

  7  parcel of property in said district is hereby declared to be

  8  uniformly and generally benefitted by the provisions hereof.

  9         Section 19.  The district hereby created may be

10  abolished by a majority vote of the registered voters residing

11  in the district at an election called by the Board of Trustees

12  of the district for such purpose, which election shall be held

13  and notice thereof given under the same requirements as are

14  set forth hereunder for the election of trustees and the

15  levying and collecting of the district tax, provided that the

16  district shall not be abolished while it has outstanding

17  indebtedness without first making adequate provision for the

18  liquidation of such outstanding indebtedness.

19         Section 20.  Trustees not guilty of malfeasance in

20  office shall be relieved of any personal liability for any

21  acts done by them while holding office in the district. Any

22  trustee who is made a party to any action, suit, or proceeding

23  solely by reason of holding office in the district shall be

24  indemnified by the district against reasonable expenses,

25  including attorney's fees incurred by said trustee in

26  defending such suit, action, or proceeding, except with

27  respect to matters wherein it shall be adjudged in such

28  proceeding that such trustee is liable for negligence or

29  misconduct in the performance of the trustee's duties.

30         Section 21.  The word "district" shall mean the

31  political subdivision of the State of Florida and special park

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  and recreation district hereby organized. The words "board,"

  2  "trustees," and "Board of Trustees" shall mean the Board of

  3  Trustees of and for the special park and recreation district

  4  hereby created when used in this act, unless otherwise

  5  specified.

  6         Section 22.  Notwithstanding any provisions to the

  7  contrary, as may now appear in sections 8, 13, or 15, the

  8  trustees of Holiday Park Park and Recreation District shall

  9  not enter into any future contracts involving the purchase,

10  lease, conveyance, or other manner of acquisition of real or

11  tangible personal property in any instance when the cost,

12  price, or consideration therefor exceeds $40,000, including

13  all obligations, proposed to be assumed in connection with

14  such acquisition, unless:

15         (a)  Such acquisition relates to the repair or

16  replacement of assets previously owned by the district; or

17         (b)(1)  The trustees by two-thirds vote have approved

18  the terms and conditions of such acquisition by written

19  resolution;

20         (2)  Within not less than 30 days nor more than 60 days

21  of the date of the resolution, the trustees certify the

22  resolution to the Supervisor of Elections of Sarasota County

23  for a referendum election; and

24         (3)  The registered voters residing in the district

25  approve the resolution by a majority vote of said voters in a

26  referendum election in which the qualifications of voters,

27  notice, and procedure shall be the same as set forth herein

28  for the election of trustees and for special referendum

29  elections.

30         Section 23.  If any clause, section, or provision of

31  this act shall be declared to be unconstitutional or invalid

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    Florida Senate - 2001        (NP)                      SB 2370
    24-1431-01                                         See HB 1855




  1  for any cause or reason, the same shall be eliminated from

  2  this act, and the remaining portion of said act shall be in

  3  force and effect and be as valid as if such invalid portion

  4  thereof had not been incorporated therein.

  5         Section 24.  All laws or parts of laws in conflict

  6  herewith are, to the extent of such conflict, hereby repealed.

  7         Section 25.  The provisions of this act shall be

  8  liberally construed in order to effectively carry out the

  9  purposes of this act in the interest of the public.

10         Section 4.  Chapters 81-441, 82-380, and 87-445, Laws

11  of Florida, are repealed.

12         Section 5.  This act shall take effect upon becoming a

13  law.

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