Senate Bill sb2664

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    Florida Senate - 2002        (NP)                      SB 2664

    By Senator Saunders





    25-1266-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Fort Myers Beach Public

  3         Library District, Lee County; providing

  4         legislative intent; providing for codification

  5         of the special laws relating to the Fort Myers

  6         Beach Public Library District pursuant to

  7         section 189.429, Florida Statutes; codifying,

  8         reenacting, and amending all prior special

  9         acts; creating and establishing a public

10         library district as an independent district in

11         Lee County and fixing the boundaries of the

12         district; providing for a governing body;

13         prescribing the powers of the board;

14         authorizing the board to make policies, rules,

15         and regulations; providing for assessing and

16         collecting taxes and assessments; providing for

17         liberal construction; providing for

18         severability; repealing chapters 65-1823,

19         75-418, 79-489, 79-491, 81-414, 85-441, and

20         91-404, Laws of Florida, relating to the

21         district; providing an effective date.

22

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

24

25         Section 1.  Intent.--Pursuant to section 189.429,

26  Florida Statutes, this act constitutes the codification of all

27  special acts relating to the Fort Myers Beach Public Library

28  District. It is the intent of the Legislature to provide a

29  single, comprehensive special act charter for the Fort Myers

30  Beach Public Library District that includes all current

31  legislative authority granted to the District by general law

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    Florida Senate - 2002        (NP)                      SB 2664
    25-1266-02                                              See HB




  1  and by its several legislative enactments, as those laws may

  2  be amended from time to time, and any additional authority

  3  granted by this act.

  4         Section 2.  Chapters 65-1823, 75-418, 79-489, 79-491,

  5  81-414, 85-441, and 91-404, Laws of Florida, as they relate to

  6  the Fort Myers Beach Public Library District, are hereby

  7  codified, reenacted, and amended as provided in this act.

  8         Section 3.  The Fort Myers Beach Public Library

  9  District is re-created and the charter for such District is

10  re-created and reenacted to read:

11         Section 1.  Creation.--There is created the Fort Myers

12  Beach Public Library District, an independent special

13  district, hereinafter referred to as "the district," through

14  the codification and reenactment of the district's several

15  legislative enactments, which shall include the following

16  described land:

17

18         All that part of Lee County that is located and

19         situated within San Carlos Island; Estero

20         Island; the easterly one-half (1/2) of Section

21         13, Township 46 South, Range 23 East; Section

22         18, Township 46 South, Range 24 East; and

23         Section 7, Township 46 South, Range 24 East,

24         except that part which is located and situated

25         North of the old railroad grade.

26

27         Section 2.  Governing body.--The district shall be

28  governed by a board that shall consist of seven qualified

29  electors of the district who are elected by a vote of the

30  electors of the district pursuant to the laws of Florida,

31  specifically chapter 81-414, Laws of Florida, as those laws

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






    Florida Senate - 2002        (NP)                      SB 2664
    25-1266-02                                              See HB




  1  may be amended from time to time. In particular, candidates

  2  shall be required to open depositories and appoint treasurers

  3  prior to accepting any contributions or expending any funds,

  4  provided that if a candidate accepts no contributions and does

  5  no advertising and the only expenditure is the filing fee or

  6  the fee required for checking signatures, the candidates shall

  7  not be required to open depositories or appoint a treasurer.

  8         Section 3.  Officers; meetings; powers.--Within 10 days

  9  after the election of the members of the board, members shall

10  meet and elect from their membership a president, vice

11  president, secretary, corresponding secretary, and treasurer.

12  However, the same member may be both secretary and treasurer.

13  Meetings of the members of the board as the governing body of

14  the district shall be noticed and regulated as provided by

15  chapter 189, Florida Statutes, or any other applicable general

16  law or special law, as those laws may be amended from time to

17  time. The district shall have and the board may exercise the

18  general and special powers prescribed by chapter 65-1823, Laws

19  of Florida, chapter 189, Florida Statutes, or any other

20  applicable general law or special law, as those laws may be

21  amended from time to time. In particular, the board is

22  authorized to buy, own, and maintain library facilities,

23  equipment, books, and supplies; to acquire property both real

24  and personal, and any other property as the board considers

25  necessary or proper in order to provide the residents within

26  the district with the most complete library facilities as

27  finances may permit; and to adopt an annual budget for the

28  district.

29         Section 4.  Taxes; non-ad valorem assessments.--The

30  district board shall fix and cause to be levied on all

31  property of the district a millage sufficient to meet the

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    Florida Senate - 2002        (NP)                      SB 2664
    25-1266-02                                              See HB




  1  requirements of the adopted budget; provided, however, that 1

  2  mill is the maximum that may be levied in any one year, except

  3  as may be provided in any applicable general law or special

  4  law, as those laws may be amended from time to time. In

  5  addition, the district shall have such authority to levy

  6  non-ad valorem assessments as prescribed in chapter 189,

  7  Florida Statutes, and any other applicable general law or

  8  special law, as those laws may be amended from time to time.

  9         Section 5.  Assessment and collection of taxes and

10  assessments.--Taxes and assessments herein provided for shall

11  be assessed and collected in the manner prescribed by

12  applicable general law or special law, as those laws may be

13  amended from time to time.

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

15  act and shall be liberally construed to promote the purpose

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

17  reenactment, and repeal of the several legislative enactments

18  of the district.

19         Section 5.  If any clause or provision of this act is

20  declared unconstitutional or invalid for any cause or reason,

21  it shall be eliminated from this act and the remaining portion

22  of this act shall remain in full force and effect as if the

23  unconstitutional or invalid portion had not been incorporated

24  in the act.

25         Section 6.  Chapters 65-1823, 75-418, 79-489, 79-491,

26  81-414, 85-441, and 91-404, Laws of Florida, as those laws

27  relate to the district, are repealed.

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

29  law.

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