House Bill hb0927

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    Florida House of Representatives - 2001                 HB 927

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to Pinellas Park Water

  3         Management District, Pinellas County; providing

  4         for codification of special laws relating to

  5         Pinellas Park Water Management District

  6         pursuant to s. 189.429, F.S.; providing

  7         legislative intent; amending, repealing,

  8         codifying, and reenacting special acts relating

  9         to the district; providing a title; providing

10         definitions; providing for creation of the

11         Pinellas Park Water Management District

12         Authority and amendment of its charter;

13         providing for a governing body for the

14         authority; providing for reimbursement of

15         expenses pursuant to s. 112.061, F.S.;

16         providing duties and powers; providing for a

17         budget; providing boundaries of the authority;

18         providing for elections and referenda;

19         providing for amendment of authority

20         boundaries; providing tax exemptions; providing

21         construction and effect; providing an effective

22         date.

23  

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

25  

26         Section 1.  Pursuant to section 189.429, Florida

27  Statutes, this act constitutes the codification of all special

28  acts relating to Pinellas Park Water Management District

29  Authority. It is the intent of the Legislature to provide a

30  single, comprehensive special act charter for the authority

31  including all current legislative authority granted to it by

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  1  its several legislative enactments and any additional

  2  authority granted by this act and chapter 189, Florida

  3  Statutes, as it may be amended from time to time. It is

  4  further the intent of this act to preserve all authority

  5  powers, including the power to annually assess and levy

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

  7  exceed 3 mills on the dollar of assessed valuation.

  8         Section 2.  Chapters 75-491, 77-641, 78-597, 90-448,

  9  and 98-456, Laws of Florida, relating to Pinellas Park Water

10  Management District, are amended, codified, reenacted, and

11  repealed as provided herein.

12         Section 3.  The charter for the Pinellas Park Water

13  Management District is re-created and reenacted to read:

14         Section 1.  Short Title.--This law shall be known and

15  may be cited as the "Pinellas Park Water Management District

16  Law."

17         Section 2.  Definitions.--As used in this law and

18  unless the content clearly indicates otherwise:

19         (1)  "Authority" means the body politic and corporate,

20  an agency of the county, created by this act.

21         (2)  "Members" means the governing body of the

22  authority and "member" means one of the individuals

23  constituting such governing body.

24         (3)  "Pinellas Park Water Management District

25  Authority" means initially the municipality of Pinellas Park

26  and the unincorporated areas of Pinellas County surrounding

27  the city limits of Pinellas Park located in the district.

28         (4)  "Municipality" means any city, village, borough,

29  or town.

30         (5)  "County" means the County of Pinellas.

31         (6)  "Storm drainage" means storm water run-off.

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  1         (7)  Words importing singular number shall include the

  2  plural number in each case and vice versa, and the words

  3  importing persons shall include firms and corporations.

  4         Section 3.  Pinellas Park Water Management District

  5  Authority.--

  6         (1)  The Pinellas Park Water Management District

  7  Authority was created as the Pinellas Park Water Management

  8  District by special act of the Legislature in 1975. Its

  9  charter may be amended only by special act of the Legislature.

10         (2)  The governing body of the authority shall consist

11  of three members, serving and selected as provided herein. Two

12  members shall be appointed by the City Council of Pinellas

13  Park and one member appointed by the Pinellas County

14  Commission. The term of each appointed member shall be for 3

15  years. Each appointed member shall hold office until his or

16  her successor has been appointed and qualified. A vacancy

17  occurring during a term shall be filled only for the balance

18  of the unexpired term. If any selection is not made by the

19  municipality as provided herein, the county commissioners

20  shall appoint an eligible person to the authority with like

21  effect as if the selection were made by the municipality. Any

22  member of the authority shall be eligible for reappointment.

23         (3)  Each appointed member of the authority shall be a

24  person who is a qualified elector of the district with an

25  outstanding reputation for civic pride, interest, integrity,

26  responsibility, and business ability. No person who is an

27  officer or employee of any city or of the county in any

28  capacity, except elected officials, shall be an appointed

29  member of the authority.

30         (4)  The authority shall annually elect one of its

31  members as chair of the authority and one as a vice chair to

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  1  serve for 1 year in that capacity or until their successors

  2  are elected. At the same time, a secretary and treasurer shall

  3  be elected who may or may not be members of the authority, and

  4  they shall serve at the will of the authority. The treasurer

  5  shall post a good and sufficient surety bond in an amount

  6  approved by the Board of County Commissioners. Two members

  7  shall constitute a quorum and the vote of two members shall be

  8  necessary for any action taken by the authority. No vacancy in

  9  the authority shall impair the right of a quorum of the

10  authority to exercise all of the rights and perform all of the

11  duties of the authority. Upon the effective date of his or her

12  appointment or, as soon thereafter as possible, each appointed

13  member of the authority shall enter upon his or her duties.

14         (5)  The district shall appoint an engineer who shall

15  be a person of recognized ability and experience to serve at

16  the pleasure of the authority. The district may also appoint

17  or employ such employees as may be necessary for the proper

18  performance of its duties and functions, and may determine the

19  qualifications and fix the compensation of such persons; also,

20  the authority may contract for the services of attorneys,

21  engineers, consultants, and agents for any purpose of the

22  authority, including engineering, management feasibility, and

23  other studies concerning the acquisition, construction,

24  extension, operation, maintenance, regulation, consolidation,

25  and financing of the system in the area.

26         (6)  Members of the authority shall be entitled to

27  receive from the authority their traveling and other necessary

28  expenses incurred in connection with the business of the

29  authority, as provided in section 112.061, Florida Statutes,

30  but they shall receive no salaries or other compensation, with

31  the exception of the benefits described in subsection (7).

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  1  During the unexpired term of any member of the authority, that

  2  member may be removed for misconduct, malfeasance,

  3  misfeasance, or nonfeasance in office by a two-thirds vote of

  4  both appointing governing bodies.

  5         (7)  In accordance with section 112.08, Florida

  6  Statutes, the authority may provide and pay all or part of the

  7  premiums out of its available funds for insurance benefits to

  8  its board members that are equivalent to the insurance

  9  benefits provided to the authority's employees under the

10  authority's group insurance plan.

11         Section 4.  Powers and duties.--

12         (1)  The authority created and established by the

13  provisions of this act is hereby granted and shall have the

14  right and power to purchase, own, and maintain storm drainage

15  facilities, to contract for construction of facilities, to

16  exercise power of eminent domain, to conduct studies, and to

17  contract with other governmental agencies, private companies,

18  and individuals.

19         (2)  The authority is hereby granted, and shall have

20  and may exercise all powers necessary, appurtenant,

21  convenient, or incidental to the carrying out of the aforesaid

22  purposes, including, but without being limited to, the

23  following rights and powers:

24         (a)  To sue and be sued, implead and be impleaded,

25  complain and defend in all courts.

26         (b)  To adopt, use, and alter at will a corporate seal.

27         (c)  To acquire, purchase, hold, lease as a lessee, and

28  use any franchise, property, real, personal, or mixed,

29  tangible, or intangible, or any interest therein, necessary or

30  desirable for carrying out the purposes of the authority, and

31  to sell, lease, transfer, and dispose of any property or

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  1  interest therein at any time acquired by it. Any sale, lease,

  2  or transfer of any property or interest shall be upon

  3  competitive bid.

  4         (d)  To regulate the construction of storm drainage

  5  facilities, to establish rules and regulations with respect to

  6  storm drainage systems in said area.

  7         (e)  To collect fees for connection to or use of

  8  authority facilities.

  9         (f)  To make contracts of every name and nature and to

10  execute all instruments necessary or convenient for the

11  carrying on of its business.

12         (g)  To enter into management contracts with any person

13  or persons for the management of the district controlled by

14  the authority for such period or periods of time, and under

15  such compensation and other terms and conditions as shall be

16  deemed advisable by the authority.

17         (h)  Without limitation, to borrow money and accept

18  gifts or grants or loans of money or other property and to

19  enter into contracts, leases, or other transactions with any

20  federal agency, the state, any agency of the state, the County

21  of Pinellas, or with any other public body of the state.

22         (i)  To do all acts and things necessary or convenient

23  for the conduct of its business and the general welfare of the

24  authority in order to carry out the powers granted to it by

25  this part or any other law.

26         (j)  To prescribe and promulgate rules and regulations

27  as it deems necessary for the purposes of this act.

28         (3)  The authority shall have and the board may

29  exercise all the powers and duties set forth in this act and

30  chapter 189, Florida Statutes, as they may be amended from

31  time to time.

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  1         (4)  The authority shall also hold all powers,

  2  functions, and duties set forth in this act and chapter 189,

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

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

  5  issuance, other revenue-raising capabilities, budget

  6  preparation and approval, liens and foreclosure of liens, and

  7  use of tax deeds and tax certificates. The authority may be

  8  financed by any method established in this act or chapter 189,

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

10         (5)  The methods for assessing and collecting ad

11  valorem taxes, fees, or service charges shall be as set forth

12  in chapters 200, 189, or 197, Florida Statutes, as they may be

13  amended from time to time.

14         (6)  The authority's planning requirements shall be as

15  set forth in this act and chapter 189, Florida Statutes, as

16  they may be amended from time to time.

17         (7)  The authority's geographic boundary limitations

18  shall be as set forth in this act.

19         (8)  Requirements for financial disclosure, meeting

20  notices, reporting, public records maintenance, and per diem

21  expenses for officers and employees shall be as set forth in

22  chapters 112, 119, 189, and 286, Florida Statutes, as they may

23  be amended from time to time.

24         Section 5.  Budget.--The budget of the authority is not

25  subject to approval by the Board of County Commissioners of

26  Pinellas County. For planning and budget purposes, the fiscal

27  year of the authority shall commence on October 1 of each year

28  and end on September 30 of the succeeding year. The debts of

29  the authority are the sole responsibility of the authority.

30  The authority shall comply with financial disclosure and

31  

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  1  reporting requirements imposed by general law, including

  2  chapter 189, Florida Statutes.

  3         Section 6.  Pinellas Park Water Management District

  4  Area.--The Pinellas Park Water Management District shall

  5  consist of the major outfall channels #1, 2, 3, 4, and 5,

  6  located in certain unincorporated and incorporated areas, all

  7  located within Pinellas County, Florida, and more specifically

  8  defined as follows:

  9  

10         Beginning at the intersection of Joe's Creek

11         and the Cross Bayou Canal, in the Southeast 1/4

12         of Section 25-30-15; thence proceeding in a

13         general Northeasterly direction along the

14         centerline of Cross Bayou Canal to its

15         intersection with the North side of Section

16         19-30-16, which is also the centerline of 102nd

17         Avenue; thence running East along the

18         centerline of 102nd Avenue and the North

19         section line of Section 19; thence along the

20         North line of Section 20 to the Northeast

21         corner thereof; thence Northerly along the West

22         boundary of Section 16 for 2000' MOL; thence

23         Easterly 2000' MOL to the Westerly R/W line of

24         U.S. 19; thence Southeasterly along the

25         Westerly R/W line of U.S. 19 to the centerline

26         of 102nd Avenue; thence Easterly along the

27         North line of Sections 21, 22, and 23, to the

28         West R/W line of I-275; thence Southerly along

29         the Westerly R/W line of I-275, which is

30         located MOL on the East line of Sections 23 and

31         26; thence proceeding in a Southerly direction

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  1         to the East 1/4 corner of Section 26; thence in

  2         a Southwesterly direction 3000' MOL to the

  3         Northeast corner of the Southeast 1/4 of the

  4         Southwest 1/4 of Section 26-30-16; thence

  5         turning and running West along the North side

  6         of the Southeast 1/4 of the Southwest 1/4 of

  7         Section 26-30-16 a distance of 330'; thence

  8         running South along a line 330' West of and

  9         parallel to the 1/2 Section line to the South

10         line of Section 26-30-16; thence turning and

11         running West along the South line of Section

12         26-30-16 a distance of 660' to a point 990'

13         West of the 1/2 Section line; thence turning

14         and running South along a line 990' West of the

15         half section line of Section 35-30-16 to a

16         point on the South line of the Northeast 1/4 of

17         the Southwest 1/4 of Section 35-30-16; thence

18         turning and running East along the South line

19         of the Northeast 1/4 of the Southwest 1/4 of

20         Section 35-30-16 to the half section line and

21         the Northeast corner of the Southeast 1/4 of

22         the Southwest 1/4 of Section 35-30-16; thence

23         turning and running South along the half

24         Section line to the South line of Section

25         35-30-16 and the centerline of 54th Avenue

26         North; thence turning and running West along

27         South line of Sections 35, 34 and 33-30-16 and

28         the centerline of 54th Avenue North to the

29         Southwest corner of Section 33-30-16 also being

30         the Northeast corner of Section 5-31-16; thence

31         west along said centerline of 54th Avenue to a

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  1         point opposite the dividing line between Lots

  2         43 and 44 of Kenneth City of Unit 9 Replat

  3         47-31; thence South 550 ft. more or less, along

  4         said dividing line and the extension thereof to

  5         its intersection with a line running from the

  6         Northeast corner of Section 5-31-16

  7         Southwesterly to the Southwest corner of the

  8         Northwest 1/4 of the Northwest 1/4 of Section

  9         5-31-16; thence turning and running Southwest

10         on said line and continuing Southwesterly as an

11         extension of the line to a point of

12         intersection with the waterline of Joe's Creek;

13         thence following the centerline of Joe's Creek

14         R/W in the Northwesterly direction to the

15         intersection of Joe's Creek and Cross Bayou

16         Canal and the Point of Beginning.

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18         Section 7.  Exemption from taxation.--Notwithstanding

19  any other law to the contrary, the property, moneys, and other

20  assets of the authority and all revenues or other income of

21  the authority shall be exempt from all taxation, licenses,

22  fees, or other charges of any kind imposed by the state or by

23  the county or by any municipality, political subdivision,

24  taxing district, or other public agency or body of the state.

25         Section 8.  Independent special district taxation.--The

26  Pinellas Park Water Management District shall be deemed an

27  independent special district and is authorized to levy ad

28  valorem tax on the taxable real property in the district at a

29  rate sufficient to produce an amount that may be necessary for

30  the purposes of this act, not to exceed 3 mills, provided such

31  millage limit is approved by a vote of the electors who are

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  1  not wholly exempt from taxation. Property taxes determined and

  2  levied under this section shall be certified by the authority

  3  to the county auditor, extended, assessed, and collected in

  4  like manner as provided by law for regular property taxes for

  5  the county or municipalities and in accordance with chapter

  6  200, Florida Statutes. The proceeds under this section shall

  7  be remitted by the tax collector to the treasurer of the

  8  authority who shall credit them to the funds of the authority

  9  for use of the purposes of this law. At any time after making

10  a tax levy under this section and certifying the same to the

11  county, the authority may issue tax anticipation notes of

12  indebtedness in anticipation of the collection of such taxes.

13  If property in the district is not receiving or will not

14  receive any benefit from the district's works or activities,

15  such property may be removed from the district by amendment to

16  section 5 of the district's enabling act, pursuant to the

17  requirements of section 11.02, Florida Statutes, and section

18  10, Article III of the State Constitution.

19         Section 9.  Expansion of area.--Upon a resolution

20  adopted by the governing body of municipalities adjoining the

21  present water management district area or by the Board of

22  County Commissioners for adjoining unincorporated areas, the

23  authority may include such areas in the Pinellas Park Water

24  Management District Area subject to approval of electors in

25  the added area for tax purposes as provided herein and passage

26  of a special act.

27         Section 10.  Elections.--The procedures for conducting

28  elections or referenda by the authority shall be pursuant to

29  chapter 189, Florida Statutes, as it may be amended from time

30  to time.

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  1         Section 11.  Construction.--This act shall be construed

  2  as remedial and shall be liberally construed to promote the

  3  purpose for which it is intended.

  4         Section 12.  Effect.--In the event that any part of

  5  this act should be held void for any reason, such holding

  6  shall not affect any other part thereof.

  7         Section 4.  Chapters 75-491, 77-641, 78-597, 90-448,

  8  and 98-456, Laws of Florida, are repealed.

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

10  provisions of this act with the provisions of any other act

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

12  conflict.

13         Section 6.  This act shall take effect upon becoming a

14  law.

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