House Bill hb0923e1

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                                       HB 923, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Bayshore Gardens Park and

  3         Recreation District, Manatee County; codifying,

  4         reenacting, amending, and repealing special

  5         acts relating to the district; providing

  6         legislative intent; providing district status

  7         and boundaries; providing for applicability of

  8         chapters 418 and 189, F.S., and other general

  9         laws; providing a district charter; providing

10         for liberal construction; providing a saving

11         clause in the event any provision of the act is

12         deemed invalid; providing for severability;

13         providing an 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 Bayshore Gardens Park and Recreation

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

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

22  the district, including all current legislative authority

23  granted to the district by its several legislative enactments

24  and any additional authority granted by this act.

25         Section 2.  Chapters 79-509 and 97-357, Laws of

26  Florida, are codified, reenacted, amended, and repealed as

27  herein provided.

28         Section 3.  The charter for the Bayshore Gardens Park

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

30         Section 1.  Status and boundaries of Bayshore Gardens

31  Park and Recreation District.--The Bayshore Gardens Park and


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                                       HB 923, First Engrossed/ntc



  1  Recreation District is hereby declared to be an independent

  2  recreation district and a political subdivision of the State

  3  of Florida pursuant to chapter 418, Florida Statutes, as it

  4  may be amended from time to time, and the lands lying within

  5  the area described as follows in Manatee County shall hereby

  6  constitute the Bayshore Gardens Park and Recreation District:

  7

  8         Bayshore Gardens Subdivisions, Section 1, as

  9         recorded in Plat Book 9, Page 12, of the Public

10         Records of Manatee County, Florida.

11

12         Bayshore Gardens Subdivisions, Section 2, as

13         recorded in Plat Book 9, Pages 35 and 36, of

14         the Public Records of Manatee County, Florida.

15

16         Bayshore Gardens Subdivisions, Section 4, as

17         recorded in Plat Book 9, Page 69, of the Public

18         Records of Manatee County, Florida

19

20         Bayshore Gardens Subdivisions, Section 3, as

21         recorded in Plat Book 10, Pages 5, 6, and 7, of

22         the Public Records of Manatee County, Florida.

23

24         Bayshore Gardens Subdivisions, Section 4

25         (Replat of Blocks A and B), as recorded in Plat

26         Book 10, Page 10, of the Public Records of

27         Manatee County, Florida.

28

29         Bayshore Gardens Subdivision, Section 5, as

30         recorded in Plat Book 10, Pages 17 and 18, of

31


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                                       HB 923, First Engrossed/ntc



  1         the Public Records of Manatee County, Florida,

  2         less Lot 1.

  3

  4         Bayshore Gardens Subdivisions, Section 3

  5         (Replat of Blocks K, L, and M), as recorded in

  6         Plat Book 10, Page 38, of the Public Records of

  7         Manatee County, Florida.

  8

  9         Bayshore Gardens Subdivisions, Section 9A, as

10         recorded in Plat Book 10, Page 83 and 84, of

11         the Public Records of Manatee County, Florida.

12

13         Bayshore Gardens Subdivisions, Section 9B, as

14         recorded in Plat Book 11, Page 2, of the Public

15         Records of Manatee County, Florida.

16

17         Bayshore Gardens Subdivisions, Section 9C, as

18         recorded in Plat Book 11, Page 3, of the Public

19         Records of Manatee County, Florida.

20

21         Bayshore Gardens Subdivisions, Section 9D, as

22         recorded in Plat Book 11, Page 4, of the Public

23         Records of Manatee County, Florida.

24

25         Bayshore Gardens Subdivisions, Section 9F, as

26         recorded in Plat Book 11, Page 5, of the Public

27         Records of Manatee County, Florida.

28

29         Bayshore Gardens Subdivisions, Section 9G, as

30         recorded in Plat Book 11, Page 6, of the Public

31         Records of Manatee County, Florida.


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                                       HB 923, First Engrossed/ntc



  1

  2         Bayshore Gardens Subdivisions, Section 6, as

  3         recorded in Plat Book 11, Page 59, of the

  4         Public Records of Manatee County, Florida.

  5

  6         Bayshore Gardens Subdivisions, Section 7, as

  7         recorded in Plat Book 11, Page 60, of the

  8         Public Records of Manatee County, Florida.

  9

10         Bayshore Gardens Subdivisions, Section 8, as

11         recorded in Plat Book 11, Page 63, of the

12         Public Records of Manatee County, Florida.

13

14         Bayshore Gardens Subdivisions, Section 10, as

15         recorded in Plat Book 11, Page 93, of the

16         Public Records of Manatee County, Florida.

17

18         Bayshore Gardens Subdivisions, Section 11, as

19         recorded in Plat Book 12, Pages 4 and 5, of the

20         Public Records of Manatee County, Florida.

21

22         Bayshore Gardens Subdivisions, Section 12, as

23         recorded in Plat Book 12, Pages 6 and 7, of the

24         Public Records of Manatee County, Florida.

25

26         Bayshore Gardens Subdivisions, Section 13, as

27         recorded in Plat Book 12, Pages 8 and 9, of the

28         Public Records of Manatee County, Florida.

29

30

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                                       HB 923, First Engrossed/ntc



  1         Bayshore Gardens Subdivisions, Section 14, as

  2         recorded in Plat Book 12, Page 10 and 11, of

  3         the Public Records of Manatee County, Florida.

  4

  5         Bayshore Gardens Subdivisions, Section 31, as

  6         recorded in Plat Book 12, Pages 32 and 33, of

  7         the Public Records of Manatee County, Florida.

  8

  9         Bayshore Gardens Subdivisions, Section 32, as

10         recorded in Plat Book 12, Pages 34 and 35, of

11         the Public Records of Manatee County, Florida.

12

13         Bayshore Gardens Subdivisions, Section 33, as

14         recorded in Plat Book 12, Pages 36 and 37, of

15         the Public Records of Manatee County, Florida.

16

17         Bayshore Gardens Subdivisions, Section 19, as

18         recorded in Plat Book 12, Pages 76 and 77, of

19         the Public Records of Manatee County, Florida.

20

21         Bayshore Gardens Subdivisions, Section 20, as

22         recorded in Plat Book 12, Page 78 and 79, of

23         the Public Records of Manatee County, Florida.

24

25         Bayshore Gardens Subdivisions, Section 21, as

26         recorded in Plat Book 12, Pages 80 and 81, of

27         the Public Records of Manatee County, Florida.

28

29         Bayshore Gardens Subdivisions, Section 22, as

30         recorded in Plat Book 13, Pages 1 and 2, of the

31         Public Records of Manatee County, Florida.


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                                       HB 923, First Engrossed/ntc



  1

  2         Bayshore Gardens Subdivisions, Section 35, as

  3         recorded in Plat Book 13, Pages 44 and 45, of

  4         the Public Records of Manatee County, Florida.

  5

  6         Bayshore Gardens Subdivisions, Section 36, as

  7         recorded in Plat Book 13, Pages 53 and 54, of

  8         the Public Records of Manatee County, Florida.

  9

10         Bayshore Gardens Subdivisions, Section 37A, as

11         recorded in Plat Book 13, Page 82, of the

12         Public Records of Manatee County, Florida.

13

14         Parcel of land, 70' X 108' facing 70' on the

15         extension of Renssalaer Drive described as

16         follows:

17

18         Begin as the most Easterly corner of Lot 1,

19         Block C, Section 14, Bayshore Gardens

20         Subdivision, as per Plat thereof recorded in

21         Plat Book 12, Page 10, Public Records of

22         Manatee County, Florida; thence run N 49°47'51"

23         W, along the Northerly line of said Lot 1,

24         Block C, 108.0' to the E line of Renssalaer

25         Drive extended; thence run N 40°12'10" E 70.0'

26         to a point; thence run S 49°47'50" E, 108.0' to

27         a point; thence run S 40°12'10" W 70.0' to the

28         point of beginning; less a 5' easement off the

29         S and E sides of the above described parcel.

30         Begin at the SW corner of Lot 2, Block A,

31         Bayshore Gardens, Section 35, as per Plat


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                                       HB 923, First Engrossed/ntc



  1         recorded in Plat Book 13, Pages 44 and 45;

  2         thence run along the W line of said Lot 2, and

  3         the extension thereof N 0°30' W, a distance of

  4         108.0 feet to a point; thence run South 89°30'

  5         W, a distance of 70.0 feet to a point; thence

  6         run S 0°30' E, a distance of 108.0 feet to a

  7         point; thence run N 89°30' E, a distance of

  8         70.0 feet to the point of beginning, as

  9         described in Official Record Book 308, Page 43,

10         Public Records of Manatee County, Florida.

11

12         Section 2.  Minimum charter requirements.--In

13  accordance with section 189.404(3), Florida Statutes, the

14  following subsections shall constitute the charter of the

15  Bayshore Gardens Park and Recreation District:

16         (1)  The district is organized and exists for all

17  purposes set forth in this act and chapter 418, Florida

18  Statutes, as they may be amended from time to time.

19         (2)  The powers, functions, and duties of the district

20  regarding ad valorem taxation, bond issuance, other

21  revenue-raising capabilities, budget preparation and approval,

22  liens and foreclosure of liens, use of tax deeds and tax

23  certificates as appropriate for non-ad valorem assessments,

24  and contractual agreements shall be as set forth in chapters

25  170, 189, 197, and 418, Florida Statutes, or any other

26  applicable general or special law, as they may be amended from

27  time to time.

28         (3)  The district was created by the Florida

29  Legislature in 1979 by House Bill No. 1233 in accordance with

30  chapter 418, Florida Statutes.

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                                       HB 923, First Engrossed/ntc



  1         (4)  The district's charter may be amended only by

  2  special act of the Legislature.

  3         (5)  In accordance with chapter 189, Florida Statutes,

  4  this act, and section 418.21(1)(a), Florida Statutes, the

  5  district is governed by a nine-member board of trustees,

  6  elected on a popular-vote basis by the residents of the

  7  district. The trustees shall hold office for a term of 4 years

  8  and may succeed themselves. Election of succeeding boards of

  9  trustees shall be held biennially on the first Tuesday after

10  the first Monday of December of each odd-numbered year. Said

11  election shall be held at the Bayshore Gardens Recreation Hall

12  in the district between the hours of 7 a.m. and 7 p.m. The

13  supervisor of elections of Manatee County shall conduct the

14  election and canvass the return of said elections and shall

15  announce the results thereof. Notice of said election setting

16  forth the names of the persons proposed as trustees of the

17  district for the next ensuing 4 years shall be published by

18  the district one time at least 10 days prior to such election

19  in a newspaper of general circulation published in Manatee

20  County. Said election may be by ballot or by voting machine.

21  All vacancies occurring in the board of trustees from any

22  causes shall be filled for the unexpired term by the remaining

23  trustees by the appointment of a successor trustee or trustees

24  from among the qualified electors of said district. Any

25  trustee moving from the district shall resign forthwith. Any

26  trustee failing to discharge the duties of his or her position

27  may be removed for cause by the board of trustees after due

28  notice and an opportunity to be heard upon charges of

29  malfeasance or misfeasance. The trustees, upon their biennial

30  election, shall organize by electing from their number a

31  chair, two vice chairs, a secretary, and a treasurer.


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                                       HB 923, First Engrossed/ntc



  1         (6)  The trustees shall not receive any compensation

  2  for their services but shall be entitled to be reimbursed from

  3  funds of the district for any travel and per diem expense,

  4  pursuant to section 112.061, Florida Statutes, that they may

  5  properly incur on behalf of the district. Before any trustee

  6  shall enter upon his or her duties, he or she shall execute to

  7  the Governor of the state, for the benefit of the district, a

  8  good and sufficient bond in the sum of $10,000 with a

  9  qualified corporate surety conditioned to faithfully perform

10  the duties of such trustee and to account for all funds which

11  may come into his or her hands as such trustee. All premiums

12  for such surety on all bonds shall be paid from the funds of

13  the district.

14         (7)  The administrative duties of the board of trustees

15  shall be as set forth in this act and chapters 189 and 418,

16  Florida Statutes, as they may be amended from time to time.

17  The trustees shall have the following specific powers:

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

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

20  such purchases either with cash or by the issuance of

21  promissory notes or revenue certificates;

22         (b)  To determine and fix the assessment to be assessed

23  annually within the district;

24         (c)  To enter into contracts on behalf of the district;

25         (d)  To buy, sell, rent, or lease real and personal

26  property in the name of the district;

27         (e)  To deliver purchase money notes and mortgages or

28  to assume the obligation of existing mortgages in connection

29  with the acquisition of property of the district;

30         (f)  To receive gifts of real or personal property; and

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                                       HB 923, First Engrossed/ntc



  1         (g)  To promulgate reasonable rules and regulations

  2  governing the use of the facilities of the district.

  3

  4  A record shall be kept of all meetings of the board of

  5  trustees, and in such meetings a concurrence of the majority

  6  of said trustees shall be necessary to any affirmative action

  7  taken by the board. Said trustees may adopt such rules and

  8  regulations, not inconsistent with any portion of this act or

  9  chapters 189 and 418, Florida Statutes, as they may deem

10  necessary or convenient in and about the transaction of the

11  business of the district and in carrying out the provisions of

12  this act.

13

14  Notwithstanding any provisions to the contrary herein, the

15  trustees shall not enter into any future contracts involving

16  the purchase, lease, conveyance, or other manner of

17  acquisition of real or tangible personal property in any

18  instance where the cost, price, or consideration thereof

19  exceeds $25,000, including all obligations proposed to be

20  assumed in connection with such acquisition, unless: the

21  trustees by two-thirds vote have approved the terms and

22  conditions of such acquisition by written resolution and

23  within not less than 30 nor more than 60 days of the date of

24  the resolution, the trustees certify the resolution to the

25  supervisor of elections of Manatee County for a referendum

26  election, and a majority of qualified electors approve the

27  resolution by referendum election.

28         (8)  Requirements for financial disclosure, meeting

29  notices, and reporting requirements shall be as set forth in

30  chapters 112, 189, 286, and 418, Florida Statutes, as they may

31  be amended from time to time. The fiscal year of the district


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                                       HB 923, First Engrossed/ntc



  1  shall commence October 1. The trustees shall, on or before

  2  April 1 of each year, prepare an annual financial statement of

  3  income and disbursements during the prior fiscal year. On or

  4  before July 1 of each year, the trustees shall prepare and

  5  adopt an itemized budget showing the amount of money necessary

  6  for the operation of the district for the next fiscal year,

  7  and the district assessment to be assessed and collected upon

  8  the taxable property of the district for the next ensuing

  9  year. Such financial statements shall be published once during

10  the month of April each year in a newspaper of general

11  circulation within the County of Manatee. A copy of said

12  statement and a copy of said budget shall also be made

13  available for public inspection at the principal office of the

14  district at reasonable hours.

15         (9)  The district shall have no authority to issue

16  bonds.

17         (10)  The board of trustees shall have the right,

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

19  recreation district tax against all taxable real estate

20  situated within said district for the purpose of providing

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

22  on or before June 1 of each year, beginning in the year 1980,

23  or as soon as practicable thereafter, by resolution fix the

24  amount of the assessment for the current year and shall direct

25  the property appraiser of Manatee County to assess and the tax

26  collector of Manatee County to collect such assessment as

27  assessed upon each improved residential parcel of property

28  within the district. Prior to the adoption of the said

29  resolution fixing the amount of the said assessment, the

30  trustees shall hold a public hearing at which time property

31  owners within the district may appear and be heard. Notice of


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                                       HB 923, First Engrossed/ntc



  1  the time and place of the public hearing shall be published

  2  once in a newspaper of general circulation within the County

  3  of Manatee at least 21 days prior to the said public hearing.

  4  The assessment shall be determined by dividing the budget by

  5  the number of parcels subject to the assessment. If a majority

  6  of the residents subject to said assessment present at said

  7  public hearing are opposed to the budget and assessment, it

  8  shall be reduced until acceptable to a majority voting. The

  9  county property appraiser shall include on the Manatee County

10  tax roll the special assessment for park and recreation

11  district benefits thus made by the board of trustees of the

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

13  form as provided for collection of county taxes. The county

14  tax collector and the county property appraiser shall each

15  receive compensation for their services regarding such special

16  assessments of 1 1/2 percent of the gross tax receipts instead

17  of the commissions and fees usually earned for the assessment

18  and collection of county taxes. After deducting therefrom the

19  said fees, the tax collector shall deposit the funds into a

20  depository designated by the board of trustees of the district

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

22  determining property subject to the district assessment, an

23  "improved residential parcel" shall be construed to mean a

24  platted lot or lots on which a residence may be erected. The

25  district assessment shall not be an ad valorem tax but rather

26  shall be a unit tax assessed equally against all improved

27  residential parcels. The district assessment shall be a lien

28  upon each improved residential parcel of land so assessed

29  until said assessment has been paid, and shall be considered a

30  part of the Manatee County tax, subject to the same penalties,

31  charges, fees, and remedies for enforcement and collection as


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                                       HB 923, First Engrossed/ntc



  1  provided by the laws of the state for the collection of such

  2  taxes. The proceeds of said assessment and the funds of the

  3  district shall be deposited in the name of the district in a

  4  bank or savings and loan association or building and loan

  5  association authorized to receive deposits of county funds,

  6  which depository shall be designated by resolution of the

  7  board of trustees. No funds of the district shall be disbursed

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

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

10  another trustee designated by the board for that purpose.

11         (11)  The district's planning requirements shall be as

12  set forth in chapters 189 and 418, Florida Statutes, as they

13  may be amended from time to time.

14         (12)  The district's geographic boundary limitations

15  shall be as set forth in section 3 of this act.

16         (13)  The Bayshore Gardens Park and Recreation District

17  is an independent special district as defined in section

18  189.403(3), Florida Statutes.

19         (14)  The district shall have all powers provided to it

20  by this act, chapters 189 and 418, Florida Statutes, and other

21  applicable general laws, as they may be amended from time to

22  time.

23         (15)  The district hereby created may be abolished by a

24  two-thirds vote of the qualified electors of the districts

25  participating in an election called by the trustees of the

26  district for that purpose, which election shall be held and

27  notice thereof given under the same requirements as are set

28  forth hereunder for the election of trustees and the levying

29  and collecting of district assessments, provided, however,

30  that the district shall not be abolished while it has

31  outstanding indebtedness without first making adequate


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                                       HB 923, First Engrossed/ntc



  1  provisions for the liquidation of such outstanding

  2  indebtedness.

  3         Section 3.  Use of district facilities.--Persons

  4  entitled to use the district facilities and property of the

  5  district shall be limited to residents within the district,

  6  their family members and guests, and such other persons and

  7  groups as the trustees may authorize from time to time. The

  8  property of the district shall consist of real or personal

  9  property and improvements now or hereafter acquired, erected,

10  or purchased by the trustees for the district. For the

11  purposes of this act, each parcel of property in said district

12  is hereby declared to be uniformly and generally benefited by

13  the provisions hereof.

14         Section 4.  Indemnification.--Any trustee who is made a

15  party to any action, suit, or proceeding solely by reason of

16  his or her holding office in the district shall be indemnified

17  by the district against reasonable expenses, including

18  attorney's fees incurred by him or her in defending such suit,

19  action, or proceeding, except with respect to matters wherein

20  it shall be adjudged in such proceeding that such trustee is

21  liable for negligence or misconduct in the performance of his

22  or her duties.

23         Section 4.  It is intended that the provisions of this

24  act shall be liberally construed for accomplishing the work

25  authorized and provided for, or intended to be provided for,

26  by this act, and, where strict construction would result in

27  the defeat of the accomplishment of any part of the work

28  authorized by this act, and a liberal construction would

29  permit or assist in the accomplishment of any part of the work

30  authorized by this act, the liberal construction shall be

31  chosen.


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                                       HB 923, First Engrossed/ntc



  1         Section 5.  If any clause, section, or provision of

  2  this act shall be declared to be unconstitutional or invalid

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

  4  this act, and the remaining portion of this act shall be in

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

  6  thereof had not been incorporated therein.

  7         Section 6.  Chapters 79-509 and 97-357, Laws of

  8  Florida, relating to the Bayshore Gardens Park and Recreation

  9  District, shall be repealed 10 days after the effective date

10  of this act.

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

12  law.

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