House Bill hb0397er

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  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  2  reenacted, amended, and repealed as provided herein.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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