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Florida House of Representatives - 2002 HB 397
By Representative Bennett
1 A bill to be entitled
2 An act relating to Manatee County Mosquito
3 Control District; codifying, reenacting,
4 amending, and repealing special acts related to
5 the district; providing a charter; providing
6 for formation as an independent special
7 district; providing boundaries of the district;
8 providing for the election of commissioners and
9 operation of the district in accordance with
10 ch. 388, F.S.; providing for district powers,
11 functions, and duties; providing for
12 construction and effect; providing an effective
13 date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Pursuant to section 189.429, Florida
18 Statutes, this act constitutes the codification of all special
19 acts relating to the Manatee County Mosquito Control District.
20 It is the intent of the Legislature to provide a single,
21 comprehensive special act charter for the district including
22 all current legislative authority granted to the district by
23 its several legislative enactments as herein provided, and any
24 additional authority granted by this act and chapters 189 and
25 388, Florida Statutes, as the same may be amended from time to
26 time. It is further the intent of this act to preserve all
27 district authority, including the authority to annually assess
28 and levy against the taxable property in the district a tax as
29 provided by chapter 388, Florida Statutes.
30 Section 2. Chapters 24677 (1947), 57-1551, 63-1590,
31 67-1673, 69-1286, and 75-431, Laws of Florida, relating to the
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1 Manatee County Mosquito Control District, are codified,
2 reenacted, amended, and repealed as provided herein.
3 Section 3. The Manatee County Mosquito Control
4 District is re-created and reenacted to read:
5 Section 1. District formation ratified, restated, and
6 approved.--The Manatee County Mosquito Control District as
7 initially established pursuant to chapter 24677 (1947), Laws
8 of Florida, and thereafter amended as provided by special acts
9 of the Legislature, is ratified, confirmed, and approved.
10 Section 2. District boundaries.--The district's
11 boundaries extend to and over all lands and waters lying
12 within Manatee County, Florida, as follows:
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14 Beginning on the south bank of Tampa Bay where
15 the line between Townships 32 and 33 South
16 strikes said bay; thence East on said township
17 line to where same is intersected by the line
18 dividing Ranges 22 and 23 East; thence South on
19 said range line, known as the Washington line,
20 to the southeast corner of Township 37 South,
21 Range 22 East; thence West on the township line
22 between Townships 37 and 38 South to the
23 southwest corner of Township 37 South, Range 21
24 East; thence north on the range line between
25 Ranges 20 and 21 East to the southeast corner
26 of Township 35 South, Range 20 East; thence
27 West on the township line between Townships 35
28 and 36 South to the Gulf of Mexico; thence
29 northward along the said gulf, including the
30 waters of said gulf within the jurisdiction of
31 the State of Florida, to a point midway between
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1 Egmont and Passage Keys; thence in a direct
2 line to the place of beginning.
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4 Section 3. Establishment.--The district, an
5 independent special district, is established for all purposes
6 set forth in this act and chapters 189 and 388, Florida
7 Statutes, as the same may be amended from time to time. This
8 charter may be amended only by special act of the Legislature.
9 Section 4. Governing board.--
10 (1) In accordance with sections 388.021(2) and
11 388.101, Florida Statutes, as the same may be amended from
12 time to time, the business and affairs of the district shall
13 be conducted and administered by a three-member board of
14 commissioners elected pursuant to chapters 189 and 388,
15 Florida Statutes, by the electors of the district in a
16 nonpartisan election held at the time and in the manner
17 prescribed for holding general elections in section
18 189.405(2)(a), Florida Statutes, as the same may be amended
19 from time to time. Each member of the board shall be elected
20 for a term of 4 years and shall serve until his or her
21 successor assumes office.
22 (2) The office of each board member is designated as a
23 seat on the board, distinguished from each of the other seats
24 by a numeral: 1, 2, or 3. Each candidate must designate, at
25 the time he or she qualifies, the seat on the board for which
26 he or she is qualifying. The name of each candidate who
27 qualifies shall be included on the ballot in a way that
28 clearly indicates the seat for which he or she is a candidate.
29 The candidate for each seat who receives the most votes shall
30 be elected to the board.
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1 (3) In accordance with section 189.4051, Florida
2 Statutes, as the same may be amended from time to time, each
3 member of the board shall be a registered elector, residing
4 within the boundaries of the district at the time he or she
5 qualifies and continually through his or her term.
6 (4) In accordance with section 388.101, Florida
7 Statutes, as the same may be amended from time to time, each
8 elected member shall assume office at the same time as do
9 other county officers, on the first Tuesday after the first
10 Monday in January following the member's election. Annually,
11 at the first meeting after the newly elected members have
12 taken office, the board shall organize by electing from its
13 members a chair, a vice chair, and a secretary/treasurer.
14 (5) Two members of the board shall constitute a
15 quorum. The affirmative vote of two members present and voting
16 shall be necessary to transact business.
17 (6) Members of the board shall receive compensation as
18 provided by section 388.141, Florida Statutes, as the same may
19 be amended from time to time.
20 (7) If a vacancy occurs on the board due to any cause,
21 the vacancy shall be filled in accordance with section
22 388.111, Florida Statutes, as the same may be amended from
23 time to time, by appointment by the Commissioner of
24 Agriculture for the unexpired term, or as otherwise provided
25 by general law.
26 (8) The procedures for conducting district elections
27 or referenda and for qualification of electors shall be
28 pursuant to chapters 189 and 388, Florida Statutes, as the
29 same may be amended from time to time.
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1 (9) The board shall have those administrative duties
2 set forth in this act and chapters 189 and 388, Florida
3 Statutes, as the same may be amended from time to time.
4 (10) The provisions of this act shall in no manner
5 affect the present term of office of any of the three members
6 of the board of commissioners.
7 Section 5. District powers.--In addition to any powers
8 set forth in this act, the district shall likewise exercise
9 such powers, functions, and duties as may be set forth in
10 chapters 189 and 388, Florida Statutes, as the same may be
11 amended from time to time, including, but not limited to, ad
12 valorem taxation, bond issuance, other revenue-raising
13 capabilities, budget preparation and approval, liens and
14 foreclosure of liens, and contractual agreements. The district
15 may be financed by any method established in this act, chapter
16 189, Florida Statutes, or chapter 388, Florida Statutes, as
17 the same may be amended from time to time, or any other
18 applicable general or special law.
19 Section 6. Planning.--The district's planning
20 requirements shall be as set forth in this act, chapters 189
21 and 388, Florida Statutes, as the same may be amended from
22 time to time, and other applicable general or special laws.
23 Section 7. Disclosure and expenses.--Requirements for
24 financial disclosure, meeting notices, public records
25 maintenance, and per diem expenses for officers and employees
26 shall be as set forth in chapters 112, 119, 189, 286, and 388,
27 Florida Statutes, as the same may be amended from time to
28 time.
29 Section 8. Bonds.--The procedures and requirements
30 governing the issuance of bonds, notes, and other evidence of
31 indebtedness by the district shall be as set forth in this act
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1 and chapter 189, Florida Statutes, as the same may be amended
2 from time to time, and any other applicable general or special
3 laws.
4 Section 4. This act shall be construed as remedial and
5 shall be liberally construed to promote the purpose for which
6 it is intended.
7 Section 5. In the event that any part of this act
8 should be held void for any reason, such holding shall not
9 affect any other part thereof.
10 Section 6. Chapters 24677 (1947), 57-1551, 63-1590,
11 67-1673, 69-1286, and 75-431, Laws of Florida, are repealed.
12 Section 7. This act shall take effect upon becoming a
13 law.
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