Senate Bill sb2666
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Florida Senate - 2002 (NP) SB 2666
By Senator Jones
40-1012-02 See HB
1 A bill to be entitled
2 An act relating to the Monroe County Mosquito
3 Control District; changing its name to the
4 "Florida Keys Mosquito Control District";
5 codifying, amending, reenacting, and repealing
6 special acts relating to the Monroe County
7 Mosquito Control District; creating and
8 establishing a mosquito control district in
9 Monroe County; fixing the boundaries of the
10 district; dividing the district into areas and
11 establishing boundaries of those areas for
12 purposes of selecting members of the board of
13 commissioners; providing for the present
14 members of the board of commissioners to
15 continue their present terms of office;
16 providing qualifications for the members;
17 providing for the method and time of elections;
18 prescribing the powers of the board;
19 establishing the duties of the board;
20 establishing the organization of the board;
21 setting the compensation of the board;
22 providing for meetings of the board; providing
23 books to be audited and for the keeping of such
24 books as public records; providing for the
25 adoption of a budget; granting the board the
26 power of eminent domain; granting the board the
27 power to tax; providing for the employment of a
28 director and for the advertisement of certain
29 contracts; providing for the penalty for damage
30 to property; setting out the purpose for the
31 district; providing for the duties of the
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Florida Senate - 2002 (NP) SB 2666
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1 director of the Monroe County health unit;
2 setting out an alternate plan discretionary
3 with the board of commissioners for relieving
4 the board of commissioners of the duty;
5 providing for the public distribution of mix;
6 repealing all conflicting laws; granting to the
7 district such powers as are provided for
8 mosquito control districts under the laws of
9 this state; providing for liberal construction;
10 providing for severability; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Pursuant to chapter 97-255, Laws of
16 Florida, this act constitutes the codification of all special
17 acts relating to the Monroe County Mosquito Control District.
18 It is the intent of the Legislature in enacting this law to
19 provide a single, comprehensive special act charter for the
20 district, including all current legislative authority granted
21 to the district by its several legislative enactments and any
22 additional authority granted by this act.
23 Section 2. Chapters 26042 (1949), 29295 (1953), 31009
24 (1955), 31013 (1955), 57-1591, 57-2067, 59-1584, 61-2508,
25 63-1639, 63-1640, 65-1913, 65-1915, 67-1726, 70-816, 74-537,
26 76-440, 83-469, 88-548, and 98-518, Laws of Florida, relating
27 to the Monroe County Mosquito Control District, are codified,
28 reenacted, amended, and repealed as provided in this act.
29 Section 3. The Charter of the Monroe County Mosquito
30 Control District is re-created and reenacted to read:
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Florida Senate - 2002 (NP) SB 2666
40-1012-02 See HB
1 Section 1. Establishing a mosquito control district;
2 fixing boundaries.--There is created and established a
3 mosquito control district for Monroe County, to be known as
4 the "Florida Keys Mosquito Control District." The district
5 shall encompass all the territory in Monroe County.
6 Section 2. Division of the Florida Keys Mosquito
7 Control District into areas or districts.--For the purpose of
8 selecting commissioners, the county commission districts of
9 Monroe County as the same may now or hereafter be described
10 shall also be commissioner districts of the Florida Keys
11 Mosquito Control District.
12 Section 3. Board of commissioners; election; terms of
13 office; qualification.--
14 (1) The Florida Keys Mosquito Control District shall
15 be governed by a board of commissioners which shall consist of
16 five members, and there shall be one member from each of the
17 five districts named and defined in section 2 of this act.
18 (2) The board of commissioners shall be composed of
19 the present members duly elected under chapter 65-1915, Laws
20 of Florida, who shall continue to serve their regular terms.
21 Members of the board shall thereafter be elected for terms of
22 4 years each by a vote of the district at large at an election
23 to be held on the date set for the general election of each
24 year in which a general election is held.
25 (3) Members of the board shall be residents and
26 registered electors of the area from which they are elected
27 and represent. Candidates or incumbents of the office must
28 qualify in the primaries and general elections, which
29 primaries and general elections are to be conducted in
30 accordance with the election laws of the state. The terms of
31 each newly elected commissioner shall begin on the day of the
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Florida Senate - 2002 (NP) SB 2666
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1 first meeting in January following his or her election and
2 shall extend for 4 years, or until his or her successor has
3 been duly elected and qualified. Each member of the board
4 must, before assuming office, make and execute to the Governor
5 a good and sufficient surety bond in the amount of not less
6 than $2,000 conditioned on the faithful performance of the
7 duties of his or her office, and the bond must be approved by
8 and filed with the Clerk of the Circuit Court of Monroe
9 County, the expense of the bond to be borne by the Florida
10 Keys Mosquito Control District. If any person so elected or
11 appointed fails to make and file a surety bond within 60 days
12 after his or her election or appointment, his or her office
13 shall become vacant, and such vacancy shall be filled by
14 appointment by the Governor for the unexpired term. Vacancies
15 created by the resignation, death, or removal from the board
16 of commissioners shall also be filled by appointment by the
17 Governor.
18 Section 4. Election; ballots.--The Board of County
19 Commissioners of Monroe County shall make the necessary
20 arrangements for setting up the elections of the Board of
21 Commissioners of the Florida Keys Mosquito Control District
22 and shall supply the necessary ballots and do all other things
23 necessary for those elections.
24 Section 5. Powers of the board of commissioners.--The
25 board of commissioners shall have all the powers of a body
26 corporate, including the power to sue and be sued as a
27 corporation in any court; to contract; to adopt and use a
28 common seal and alter the same at pleasure; to purchase, hold,
29 lease, and convey such real estate and personal property as a
30 majority of the board deems proper to carry out the purposes
31 of this act; to prescribe rules and regulations for the
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1 marking of such property; to employ a director and such
2 experts, agents, and employees as the board requires; to
3 participate with employees in a group hospitalization
4 insurance plan and pay for the entire cost of such a plan; to
5 contract and cooperate with county, state, and other
6 governmental agencies in regard to mosquito control or
7 suppression; to borrow money in an amount not to exceed
8 $150,000 for a period of time not to exceed 2 years; and to
9 issue negotiable promissory notes and bonds or such necessary
10 instruments to secure any loan to enable it to carry out the
11 provisions of this act.
12 Section 6. Duties of the board.--The Board of
13 Commissioners of the Florida Keys Mosquito Control District
14 shall perform all duties necessary for the control and
15 elimination of mosquitoes and other arthropods of public
16 health importance in the county, and the board is authorized
17 to provide for the construction of canals, ditches, drains,
18 dikes, fills, and other necessary works, and to install and
19 maintain pumps, excavators, and other machinery and equipment,
20 and may also employ oils and chemicals and all other means and
21 methods, and do any and all things that are necessary to
22 eliminate and control mosquitoes and other arthropods in
23 Monroe County at the discretion of the board.
24 Section 7. Organization of the board.--As soon as is
25 practicable after the commissioners have been appointed or
26 elected and have qualified, they shall meet and organize by
27 electing one of their members as chair, one of their members
28 as vice chair, and one of their members as
29 secretary-treasurer. In all meetings three members constitute
30 a quorum in order to transact business.
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1 Section 8. Salary and expenses of the board.--The
2 board of commissioners shall have authority to establish the
3 amount of compensation by way of salaries that is to be paid
4 to the individual commissioners of the Florida Keys Mosquito
5 Control District. The commissioners who are selected to serve
6 as chair and secretary-treasurer, respectively, of the Florida
7 Keys Mosquito Control District shall be paid compensation in
8 addition to their regular salary as compensation for their
9 services as chair and secretary-treasurer, respectively, of
10 the board, which additional compensation shall be set by the
11 board. All commissioners may be reimbursed from time to time
12 for any moneys expended by them personally in official travel
13 for the district at the rate authorized under the provisions
14 of section 112.061(7)(d), Florida Statutes, insofar as those
15 provisions relate to the allowable amount of payment per mile
16 of travel. All commissioners shall be paid $20 for attendance
17 for each day of each regular or special commission meeting.
18 Authority for payment of mileage and for attendance at each
19 meeting or official travel shall be by a majority approval of
20 the board of commissioners and shall be duly recorded in the
21 minutes of proceedings of the board. However, total payment to
22 each commissioner for any meeting shall not exceed the mileage
23 figure authorized under the provisions of section
24 112.061(7)(d), Florida Statutes, and $20 for each meeting per
25 day. Official travel in addition to attendance at board
26 meetings is defined as such necessary travel as the board
27 authorizes in connection with meetings of scientists,
28 associations, or groups engaged in mosquito control work,
29 inspection of district activities and projects, and other
30 travel necessary in the conduct of district business. However,
31 the total payments for such official travel made by members of
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Florida Senate - 2002 (NP) SB 2666
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1 the board in addition to travel for attendance at board
2 meetings shall not exceed 2 percent of the total budget
3 derived from local moneys for any 1 year.
4 Section 9. Meetings of the board.--The board of
5 commissioners of the district shall hold monthly meetings,
6 which shall be open to the public. Special meetings may be
7 called upon the request of any three commissioners, but shall
8 not be held within less than 24 hours after notice to each of
9 the commissioners unless a written waiver is obtained from the
10 commissioners who cannot attend such special meetings.
11 Section 10. Audit, books, and records to be public
12 record.--The books and accounts of said Florida Keys Mosquito
13 Control District shall be audited annually or by the same
14 officers and in like manner as books of other county officers
15 are audited. All books and records of the district created by
16 chapter 26042, Laws of Florida, shall become a part of the
17 records of the district created by this act.
18 Section 11. District budgets and hearings.--
19 (1) The fiscal year of the Florida Keys Mosquito
20 Control District shall be the 12-month period extending from
21 October 1 each year through September 30 of the following
22 year. At the discretion of the board, the governing body of
23 the district shall, before June 30, complete the preparation
24 of a detailed work plan budget covering its proposed
25 operations and requirements for arthropod measures during the
26 ensuing fiscal year, and, for the purposes of determining
27 eligibility for state aid, shall submit copies by July 1 to
28 the State Board of Health for review and approval. The
29 detailed work plan budget shall set forth, classified by
30 account number, title, and program items, and by the fund from
31 which to be paid, the proposed expenditures of the district
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1 for construction, for acquisition of land and other purposes,
2 for the operation and maintenance of the district's works, and
3 for the conduct of the district generally, to which may be
4 added an amount to be held as a reserve.
5 (2) The detailed work plan budget shall also show the
6 estimated amount which will appear at the beginning of the
7 fiscal year as obligated upon commitments made but incomplete.
8 There shall be shown the estimated unobligated or net balance
9 which will be on hand at the beginning of the fiscal year, and
10 the estimated amount to be raised by district taxes and from
11 any and all other sources for meeting the district's
12 requirements.
13 (3) On the date to be fixed by the board of
14 commissioners, the board shall publish a notice of its intent
15 to adopt the budget or as the same may be amended for the
16 district for the ensuing fiscal year. The notice shall set
17 forth the total amount of funds budgeted under each title
18 classification of the budget, subtotals by fund under each
19 title classification, and grand totals. The notice shall
20 advise all owners of property subject to the district taxes
21 that on a date, time, and place specified in the notice,
22 opportunity will be afforded to such owners, and their
23 attorney or agent, to appear before the board, examine the
24 work plan and detailed work plan budget if desired, and to
25 show their objections to adoption of the proposed budget. The
26 notice must be published for 2 consecutive weeks, at not less
27 than 7-day intervals, in a newspaper of general circulation
28 published in Monroe County. The last insertion must appear not
29 less than 1 nor more than 2 weeks prior to the date set by the
30 board for the hearing on the budget.
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Florida Senate - 2002 (NP) SB 2666
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1 (4) The hearing shall be held by the board of
2 commissioners of the district on a date to be fixed by the
3 board not earlier than 1 week and not later than 2 weeks after
4 the date of the last publication of notice of intent to adopt
5 the budget, and may be continued from day to day until
6 terminated by the board. Promptly thereafter, the board of
7 commissioners shall consider objections filed against adoption
8 of the budget and, in its discretion, may amend, modify, or
9 change the tentative detailed work plan budget, and shall, by
10 the following September 15, adopt and execute on a form
11 furnished by the state board a certified budget for the
12 district, which shall be the operating and fiscal guide for
13 the district. Certified copies of this budget shall be
14 submitted by September 15 to the state board for approval.
15 Section 12. Eminent domain.--The board of
16 commissioners may hold, control, and acquire by gift or
17 purchase for the use of the district any real or personal
18 property, and may condemn any land or easements needed for the
19 purposes of the district. The board may exercise the right of
20 eminent domain and institute and maintain condemnation
21 proceedings as provided in chapter 73, Florida Statutes.
22 Section 13. Tax levy.--The board of commissioners of
23 the mosquito control district may levy upon all of the taxable
24 property in the district a tax not exceeding 1.5 mills on the
25 dollar during each year solely for the purposes authorized and
26 prescribed by this act. The levy shall be made each year not
27 later than July 1 by resolution of the board or a majority
28 thereof, duly entered upon its minutes. Certified copies of
29 such resolution executed in the name of the board by the chair
30 and secretary-treasurer and under its corporate seal shall be
31 made and delivered to the Board of County Commissioners of
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1 Monroe County and to the Department of Revenue, not later than
2 July 15 of such year. The board of county commissioners shall
3 order the assessor of the county to assess and the collector
4 of the county to collect the amount of taxes so assessed and
5 levied by the board of commissioners of the district upon all
6 of the taxable property in the district at the rate of
7 taxation adopted by the board for the year and included in the
8 resolution, and the levy shall be included in the warrants of
9 the tax assessor and attached to the assessment roll of taxes
10 for the county each year. The tax collector shall collect such
11 taxes so levied by the board in the same manner as other taxes
12 are collected and shall pay the same within the time and in
13 the manner prescribed by law to the secretary-treasurer of the
14 board. The Department of Revenue shall assess and levy on all
15 the railroad lines and railroad property and telegraph and
16 telephone lines and telegraph and telephone property situated
17 in the county in the amount of each such levy as in the case
18 of other state and county taxes, and collect the taxes thereon
19 in the same manner as he or she is required by law to assess
20 and collect taxes for state and county purposes, and remit the
21 same to the secretary-treasurer of the board. All such taxes
22 shall be held by the secretary-treasurer for the credit of the
23 board and paid out as ordered by the board.
24 Section 14. Director; advertisement of contracts.--All
25 work done under the provisions of this act, both in
26 construction and maintenance, shall be carried on under the
27 supervision of a competent entomologist, or person qualified
28 under the provisions of chapter 388, Florida Statutes, to be
29 employed by the board. The board may contract and purchase
30 property or equipment without formal bids in any amount not to
31 exceed $4,000. All contracts or purchases in excess of $4,000
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1 shall be by competitive, sealed bids, after advertisement,
2 pursuant to rules and regulations established by the board.
3 Section 15. Penalty for damage to property.--Whoever
4 shall willfully damage any property of the mosquito control
5 district created under this act or any works constructed,
6 maintained, or controlled by the mosquito control district or
7 who shall obstruct or cause to be obstructed any of the
8 operations of the district shall upon conviction thereof be
9 punished as provided by the laws of the state.
10 Section 16. Purpose.--The abatement and control of
11 mosquitoes and other arthropods within Monroe County is
12 advisable and necessary for the maintenance and improvement of
13 the health, comfort, welfare, and prosperity of the people
14 thereof, and is found and declared to be for public health and
15 other public purposes.
16 Section 17. Director, duties of Monroe County health
17 unit.--The Monroe County health unit, also referred to and
18 known as the "Monroe County Health Department," established by
19 the board of county commissioners is charged with the
20 responsibility of abating or suppressing mosquitoes in Monroe
21 County. The director of the health unit or health department
22 shall cause to be done any and all work and all things
23 necessary for the control and elimination of mosquitoes in the
24 county wherever such work is necessary and he or she is
25 empowered to use such means, physical or chemical, as are
26 necessary to accomplish the objects of this act. All employees
27 engaged in such work shall be considered employees of the
28 Florida Keys Mosquito Control District, and regardless of the
29 fact that the determination as to who is to be employed and
30 the wages or salaries to be paid is made by the Board of
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1 Commissioners of the Florida Keys Mosquito Control District,
2 and the records are kept by the board.
3 Section 18. Alternative plan.--The purpose of section
4 17 is to coordinate certain activities between the Monroe
5 County health unit or health department and the Florida Keys
6 Mosquito Control District in an effort to best serve the
7 interest and welfare of the Florida Keys Mosquito Control
8 District and the property owners and residents thereof. If the
9 Board of Commissioners of the Florida Keys Mosquito Control
10 District makes a study determining, or by reason of the
11 experience in handling the affairs of the district determines,
12 that it is not in the best interest of the Florida Keys
13 Mosquito Control District and the property owners and
14 residents thereof to continue in the Monroe County health unit
15 or health department the responsibilities, powers, duties, and
16 authority and that the continuation of the responsibilities,
17 powers, duties, and authority in such unit or department is
18 not advantageous to the Florida Keys Mosquito Control
19 District, it is declared to be the legislative intent that the
20 Board of Commissioners of the Florida Keys Mosquito Control
21 District may pass a resolution making such determination and
22 finding, and, upon the passage of such resolution, any and all
23 such powers, duties, responsibilities, and authority given to
24 the Monroe County health unit or health department shall
25 immediately vest in the Florida Keys Mosquito Control District
26 and the employees shall become the employees of the Florida
27 Keys Mosquito Control District; and the provisions of section
28 17 shall, insofar as they relate to Monroe County health unit
29 or health department, be of no further force and effect.
30 Section 19. Public distribution of mix.--The board of
31 commissioners of the mosquito control district shall have the
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1 authority to set up and maintain a properly controlled public
2 mix program providing for the alleviation of mosquito and
3 other arthropod infestations throughout the district. Any
4 program established pursuant to this section must provide the
5 following restrictions:
6 (1) The mix must be provided to persons for
7 residential use only.
8 (2) No person may obtain more than 1 gallon of mix at
9 any one time nor may any person obtain more than 2 gallons of
10 mix during any month.
11 (3) Any person seeking to obtain mix must provide the
12 container therefor.
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14 The board may establish a fee schedule or provide mix to the
15 public free of charge. The board shall maintain records of all
16 distribution or sales of mix under its program.
17 Section 4. Chapters 26042 (1949), 29295 (1953), 31009
18 (1955), 31013 (1955), 57-1591, 57-2067, 59-1584, 61-2508,
19 63-1639, 63-1640, 65-1913, 65-1915, 67-1726, 70-816, 74-537,
20 76-440, 83-469, 88-548, and 98-518, Laws of Florida, are
21 repealed.
22 Section 5. The district created by this act and the
23 board of commissioners shall have the right to use any and all
24 privileges or powers that are granted to mosquito control
25 districts under the general laws of this state.
26 Section 6. This act shall be construed liberally.
27 Section 7. It is declared to be the legislative intent
28 that if any section, subsection, sentence, clause, or
29 provision or part thereof of this act is held invalid,
30 unenforceable, or unconstitutional, it shall not affect the
31 remainder of the act and the remainder of the act shall remain
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1 in force and effect as if the invalid portions of the act had
2 not been enacted.
3 Section 8. This act shall take effect upon becoming a
4 law.
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