House Bill hb0981
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Florida House of Representatives - 2002 HB 981
By Representative Bennett
1 A bill to be entitled
2 An act relating to the Trailer Estates Park and
3 Recreation District, Manatee County; codifying,
4 reenacting, amending, and repealing special
5 acts relating to the district; providing for
6 the administration of the affairs of said
7 district by a board of nine trustees and
8 defining their powers and duties; providing for
9 the qualification of electors in the district
10 and the manner of conducting the first election
11 of trustees and for annual election of trustees
12 thereafter; providing for removal of trustees
13 and appointment to fill vacancies; providing
14 for the assessment and collection of a
15 recreation district tax assessed against each
16 improved residential parcel of real property
17 within the district; providing that such
18 district tax shall be a lien against each
19 parcel of land so assessed and for the method
20 of collecting such tax; providing for the
21 deposit and disbursement of funds of the
22 district; establishing a fiscal year and
23 providing for publication of annual financial
24 statements; authorizing the trustees of the
25 district to issue bonds and other obligations
26 of the district and to secure the same by
27 pledge of tax revenues and other property of
28 the district; authorizing the trustees of the
29 district to acquire and dispose of real and
30 personal property for the general purpose of
31 the district; authorizing the trustees of the
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1 district to promulgate rules and regulations
2 for the use of facilities of the district;
3 providing for the abolishment of the district;
4 providing conditions precedent to the filing of
5 suit against the district or any of the
6 trustees thereof, and relieving individual
7 trustees from personal liability for
8 obligations of the district; defining terms;
9 providing for a special referendum within the
10 district before this act may become effective;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Pursuant to section 189.429, Florida
16 Statutes, this act constitutes the codification of all special
17 acts relating to the Trailer Estates Park and Recreation
18 District. It is the intent of the Legislature in enacting this
19 law to provide a single, comprehensive special act charter for
20 the district, including all current legislative authority
21 granted to the district by its several legislative enactments
22 and any additional authority granted by this act. It is
23 further the intent of this act to preserve all district
24 authority, including the authority to annually assess and levy
25 against the taxable property in the district a tax not to
26 exceed 0.2 mills on the dollar of assessed valuation.
27 Section 2. Chapters 69-1287, 70-796, 72-612, 73-546,
28 76-420, 76-423, 81-428, 90-447, and 96-442, Laws of Florida,
29 are codified, amended, reenacted, and repealed as herein
30 provided.
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1 Section 3. The charter for the Trailer Estates Park
2 and Recreation District is re-created and reenacted to read:
3 Section 1. Upon this act becoming a law, all lands
4 described in Section 2 lying in Manatee County, hereinafter
5 described, shall become and be incorporated into and as a park
6 and recreation district, which shall be a special taxing
7 district, having the powers and duties herein set forth, under
8 the name of "Trailer Estates Park and Recreation District."
9 Section 2. The lands so to be incorporated being
10 described as follows:
11
12 (a) Trailer Estates Subdivision as recorded in
13 Plat Book 8, page 138, of the Public Records of
14 Manatee County, Florida. First Addition to
15 Trailer Estates Subdivision as recorded in Plat
16 Book 9, page 71, of the Public Records of
17 Manatee County, Florida.
18
19 (b) Second Addition to Trailer Estates
20 Subdivision as recorded in Plat Book 9, page
21 61, of the Public Records of Manatee County,
22 Florida.
23
24 (c) Third Addition to Trailer Estates
25 Subdivision as recorded in Plat Book 10, Page
26 69 of the Public Records of Manatee County,
27 Florida.
28
29 (d) Fourth Addition to Trailer Estates
30 Subdivision as recorded in Plat Book 11, page
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1 66, of the Public Records of Manatee County,
2 Florida.
3
4 (e) Fifth Addition to Trailer Estates
5 Subdivision as recorded in Plat Book 12, page
6 55, of the Public Records of Manatee County,
7 Florida.
8
9 (f) The SW 1/4 of the SE 1/4 of the SE 1/4 of
10 Section 22, TWP. 35 S., Rge. 17 E.; LESS: Land
11 Described in Deed Book 380, Page 451, Official
12 Records Book 208, Pages 156 & 157, Official
13 Records Book 240, Pages 167 & 168, all of the
14 Public Records of Manatee County, Florida; ALSO
15 LESS: The South 133 feet and the East 290 feet
16 of said SW 1/4 of the SE 1/4 of the SE 1/4.
17
18 (g) A tract of land in the SW 1/4 of the SE
19 1/4 of the SE 1/4 of Section 22, Twp. 35 S.
20 Rge. 17 E. of Manatee County, Florida, more
21 particularly described as follows: From the NW
22 corner of said SW 1/4 of the SE 1/4 of the SE
23 1/4 of Section 22, run S. 88 degrees 30' East
24 along the North line of said SW 1/4 of the SE
25 1/4 of the SE 1/4, 14.74 feet; thence run S. 1
26 degree 48' West, 100 feet for a Point of
27 Beginning; thence run S. 88 degrees 30' East,
28 130 feet to a point; thence run S. 1 degree 48'
29 West, 50 feet to a point; thence run N. 88
30 degrees 30' West, 130 feet to a point; thence
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1 run N. 1 degree 48' East 50 feet to the Point
2 of Beginning.
3
4 (h) A tract of land in the SW 1/4 of the SE
5 1/4 of the SE 1/4 of Section 22, Twp. 35 S.
6 Rge. 17 E. of Manatee County, Florida, more
7 particularly described as follows: From the NW
8 corner of said SW 1/4 of the SE 1/4 of the SE
9 1/4 of Section 22, run S. 88 degrees 30' East
10 along the North line of said SW 1/4 of the SE
11 1/4 of the SE 1/4, 14.74 feet; thence run S. 1
12 degree 48' West, 150 feet for a Point of
13 Beginning; thence run S. 88 degrees 30' East,
14 130 feet to a point; thence run S. 1 degree 48'
15 West, 50 feet to a point; thence run N. 88
16 degrees 30' West, 130 feet to a point; thence
17 run N. 1 degree 48' East 50 feet to the Point
18 of Beginning.
19
20 (i) A tract of land in the SW 1/4 of the SE
21 1/4 of the SE 1/4 of Section 22, Twp. 35 S.
22 Rge. 17 E. of Manatee County, Florida, more
23 particularly described as follows: From the NW
24 corner of said SW 1/4 of the SE 1/4 of the SE
25 1/4 of Section 22, run S. 88 degrees 30' East
26 along the North line of said SW 1/4 of the SE
27 1/4 of the SE 1/4, 14.74 feet; thence run S. 1
28 degree 48' West, 200 feet for a Point of
29 Beginning; thence run S. 88 degrees 30' East,
30 130 feet to a point; thence run S. 1 degree 48'
31 West, 50 feet to a point; thence run N. 88
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1 degrees 30' West, 130 feet to a point; thence
2 run N. 1 degree 48' East 50 feet to the Point
3 of Beginning.
4 Section 3. The business and affairs of said district
5 shall be conducted and administered by a board of nine
6 trustees (hereinafter referred to as the "trustees") who, upon
7 their annual election, shall organize by electing from their
8 number a chair, two vice chairs, a secretary, and a treasurer.
9 Said trustees shall not receive any compensation for their
10 services but shall be entitled to be reimbursed from funds of
11 the district for any authorized disbursements they may
12 properly incur on behalf of the district. Each trustee
13 authorized to sign checks of the district or otherwise
14 designated to handle its funds shall, before he or she enters
15 upon such duties, execute to the Governor for the benefit of
16 said district, a good and sufficient bond approved by a
17 circuit judge of Manatee County in the sum of $5,000 with a
18 qualified corporate surety conditioned to faithfully perform
19 the duties of such trustee and account for all funds which may
20 come into his or her hands as such trustee. All premiums for
21 such surety on all bonds shall be paid from the funds of said
22 district.
23 Section 4. An election shall be held within the
24 district on a Tuesday not less than 30 nor more than 60 days
25 after the date this act is approved at the special referendum
26 herein provided, for the purpose of electing the first Board
27 of Trustees of the district. The election shall be held at
28 the usual polling place within the district between the hours
29 of 12 noon and 8 p.m. and shall be conducted and supervised by
30 the supervisor of elections of Manatee County under the rules
31 governing general elections in the county, except as may
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1 otherwise be provided herein. Election of succeeding Boards
2 of Trustees shall be held annually on the first Tuesday after
3 the first Monday of December. In the year 1976, the five
4 candidates receiving the highest number of votes shall be
5 elected for a term of 2 years and the four candidates
6 receiving the next highest number of votes shall be elected
7 for a term of 1 year, all to take office on January 1
8 following the election. The four 1-year terms of office which
9 expire on December 31, 1977, will be filled with trustees
10 elected for 2-year terms at the December 1977 election, thus
11 establishing an annual election thereafter for 2-year terms
12 for all trustees, five to be elected in even years to serve
13 2-year terms and four to be elected in odd years to serve
14 2-year terms in order of expiration of terms of office and as
15 required to maintain a full board of nine trustees.
16 Section 5. The only persons qualified to vote in said
17 election shall be owners of record of real property within
18 said district, but they need not be actually residing in the
19 district, nor be residents of the state. The term "owners of
20 record" means record owners appearing on the current rolls of
21 the tax assessor of Manatee County not less than 30 days prior
22 to the date of each election. For the purpose of determining
23 the qualifications of electors, the rolls of the tax assessor
24 of Manatee County shall be presumptive evidence of the record
25 of owners of property within the district, but such
26 presumption may be rebutted by the voter furnishing a recorded
27 deed or facsimile thereof to the supervisor of elections, or
28 his or her designated agent at the polling place, at the time
29 of voting at such election. Application for absentee ballots
30 may be obtained from the supervisor of elections of Manatee
31 County within 45 days prior to each annual election, and shall
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1 be counted if actually received by the supervisor of elections
2 by 5 p.m. on the day before the date of each such election.
3 All election ballots shall be prepared by the supervisor of
4 elections of the county. Persons desiring to have their names
5 placed on the ballot for election as trustee of the district
6 shall be qualified electors as defined in this act and shall
7 present a written petition to the supervisor of elections of
8 Manatee County not less than 60 days prior to the date of each
9 election, which petition shall be signed by the candidate and
10 notarized, and signed by not less than 25 persons qualified to
11 vote in said election within the district. Notice of said
12 election setting forth the names of the persons proposed as
13 trustees of the district for the next ensuing 2 years shall be
14 given by the district in writing addressed to each record
15 owner or owners of each parcel of property within the
16 district, not less than 15 days before the date of each
17 election, and shall also be published by the district one time
18 at least 10 days prior to such election, in a newspaper of
19 general circulation published in the county, and if no
20 newspaper be published in said county, then they shall cause
21 written or printed notices of said election to be posted in
22 five public places within said district. The trustees may
23 appoint inspectors and clerks for the election whose duties
24 shall be the same as similar officers in general elections,
25 except as herein stated. Said election may be by ballot or by
26 voting machine, and if by ballot the same shall be written or
27 printed in black ink on plain paper and shall be substantially
28 in the following form:
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1 Board of Trustees of the Trailer Estates Park
2 and Recreation District (stating their names
3 and residence addresses)
4
5 and if by voting machine the requirements for the ballot
6 herein described shall be adapted to the use of such voting
7 machine. The nine persons receiving the highest number of
8 votes shall be declared trustees of the district for the
9 ensuing 2 years. Trustees may succeed themselves in office.
10 Section 6. The supervisor of elections of Manatee
11 County shall canvass the return of election and shall announce
12 the results thereon the day following the election. Should
13 there be a deadlock in the balloting, a runoff election shall
14 be held on the 3rd Tuesday of December next following the
15 deadlocked election, except if a deadlock should occur in the
16 first election as provided hereunder, a runoff election shall
17 be held on the 3rd Tuesday following such deadlocked election.
18 The supervisor of elections shall be entitled to a reasonable
19 fee for conducting each election, payable out of general funds
20 of the district.
21 Section 7. The Board of Trustees shall have the right,
22 power, and authority to levy a special assessment known as a
23 recreation district tax against all taxable real estate
24 situated within said district for the purpose of providing
25 funds for the operation of the district. The trustees shall,
26 on or before April 1 of each year, by resolution, fix the
27 amount of the assessment for the next ensuing year and shall
28 direct the tax assessor of Manatee County to assess and the
29 tax collector of Manatee County to collect such tax as
30 assessed upon each improved residential parcel of property
31 within the district. Prior to the adoption of the resolution
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1 fixing the amount of the assessment, the trustees shall hold a
2 public hearing at which time property owners within the
3 district may appear and be heard. Notice of the time and
4 place of the public hearing shall be published once in a
5 newspaper of general circulation within the county at least 21
6 days prior to the public hearing. The county tax assessor
7 shall include on the Manatee County tax roll the special
8 assessment for park and recreation district benefits thus made
9 by the Board of Trustees of the district, and the same shall
10 be collected in the manner and form as provided for collection
11 of county taxes. The county tax collector and the county tax
12 assessor shall each receive compensation for their services
13 regarding such special assessment of 1-1/2 percent of the
14 gross tax receipts instead of the commissions and fees usually
15 earned for the assessment and collection of county taxes.
16 Further, the services of the tax assessor and the tax
17 collector under this act are hereby declared to be special
18 services performed directly for the district, and any payment
19 therefor shall not be considered of the general income of such
20 official nor come under sections 116.03 and 145.121, Florida
21 Statutes. After deducting therefrom the said fees, the tax
22 collector shall deposit the funds into a depository designated
23 by the Board of Trustees of the district for the account of
24 the district. For the purpose of determining property subject
25 to the district tax, an "improved residential parcel" shall be
26 construed to mean a lot or lots on which a mobile home has
27 been erected as of January 1 of the taxable year. The
28 district tax shall not be an ad valorem tax but rather shall
29 be a unit tax assessed equally against all improved
30 residential parcels.
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1 Section 8. The district may acquire and hold property,
2 sue and be sued, enter into contracts, and perform other
3 functions necessary or desirable to the carrying out of the
4 provisions and intent of this act. No debt shall be created
5 without the approval of the Board of Trustees.
6 Section 9. The district tax shall be a lien upon each
7 improved residential parcel of land so assessed until said tax
8 has been paid, and shall be considered a part of the Manatee
9 County tax, subject to the same penalties, charges, fees, and
10 remedies for enforcement and collection as provided by the
11 laws of the state for the collection of such taxes.
12 Section 10. The proceeds for said tax and the funds of
13 the district shall be deposited in the name of the district in
14 a bank or savings and loan association or building and loan
15 association authorized to receive deposits of county funds,
16 which depository shall be designated by resolution of the
17 Board of Trustees. No funds of the district shall be
18 disbursed save and except by check or draft signed by the
19 chair and treasurer of the board or, in the absence of either,
20 by another trustee designated for that purpose by the board.
21 Section 11. Trustees shall hold office for a term of 2
22 years, and may succeed themselves. All vacancies occurring in
23 the Board of Trustees for any cause shall be filled for the
24 unexpired term by the remaining trustees by the appointment of
25 a successor trustee or trustees from among the qualified
26 electors of said district as herein defined. Any trustee
27 failing to discharge the duties of his or her position may be
28 removed for cause by the Board of Trustees, after due notice
29 and an opportunity to be heard upon charges of malfeasance or
30 misfeasance.
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1 Section 12. The fiscal year of the district shall
2 commence January 1. The trustees shall, on or before April 1
3 of each year, prepare an annual financial statement of income
4 and disbursements during the prior fiscal year. On or before
5 April 1 of each year, the trustees shall prepare and adopt an
6 itemized budget showing the amount of money necessary for the
7 operation of the district for the next fiscal year, and the
8 district tax to be assessed and collected upon the taxable
9 property of the district for the next ensuing year. Such
10 financial statement shall be published once during the month
11 of April each year in a newspaper of general circulation
12 within the county. A copy of said statement and a copy of said
13 budget shall also be furnished by mail to each taxpayer within
14 the district within 30 days after its preparation and a copy
15 made available for public inspection at the principal office
16 of the district at reasonable hours.
17 Section 13. The property of the district shall consist
18 of the recreational hall, shuffleboard courts, marina,
19 playgrounds, walks, and other property and improvements now or
20 hereafter erected or purchased by the trustees for the
21 district, as well as any other real or personal property which
22 the trustees of the district may, in their discretion,
23 determine to be necessary or convenient for the purposes of
24 the district. In addition thereto, for the comfort and
25 convenience of taxpayers within the district, the trustees may
26 in their discretion assume the cost of installing and
27 maintaining entrance parkways and street lighting within the
28 district and may acquire and dispose of any other facilities
29 for the general purpose of the district.
30 Section 14. Persons entitled to use the facilities and
31 property of the district shall be limited to property owners
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1 within the district, their family members and guests, and such
2 other persons and groups as the trustees may authorize from
3 time to time.
4 Section 15. The trustees shall supervise all real and
5 personal property owned by the district, and shall have the
6 following powers in addition to those already herein
7 enumerated:
8 (a) To negotiate purchases and to purchase real and
9 personal property on behalf of the district and to pay for
10 such purchases with either cash or by the issuance of bonds or
11 revenue certificates.
12 (b) To determine and fix the tax to be assessed
13 annually within the district.
14 (c) To enter into contracts on behalf of the district.
15 (d) To incur obligations on behalf of the district,
16 including the power to issue bonds, notes, and other evidence
17 of indebtedness of the district for the purpose of obtaining
18 funds for the operation of the district, including the
19 purchase of land, buildings, and other improvements; provided,
20 however, that the aggregate amount of all obligations of the
21 district payable in any fiscal year shall not exceed the
22 aggregate amount of all revenue received by the district from
23 all sources during such fiscal year. Bonds, notes, or other
24 certificates of indebtedness issued by the district may be
25 secured by the pledge of tax revenues obtained by the
26 district, as well as by mortgage of property owned by the
27 district.
28 (e) To issue its bonds to finance, in whole or in
29 part, the cost of construction, acquisition, or improvements
30 of real and personal property of the district. The trustees,
31 in determining such costs, may include all costs and estimated
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1 costs of the issuance of said bonds, all engineering,
2 inspection, fiscal, and legal expenses, all costs of
3 preliminary surveys, plans, maps, and specifications, initial
4 reserve funds for debt service, the costs of the services of
5 persons, firms, corporations, partnerships, or associations
6 employed, or consultants, advisors, engineers, or fiscal,
7 financial, or other experts in the planning, preparation, and
8 financing of the district. The trustees are hereby authorized
9 to employ and to enter into agreements or contracts with
10 consultants, engineers, attorneys, or fiscal, financial, or
11 other experts for the planning, preparation, and financing of
12 the district, or any asset thereof, upon such terms and
13 conditions as the trustees shall deem desirable and proper.
14 The district may pledge to the punctual payment of bonds or
15 revenue certificates issued pursuant to this act, and interest
16 thereon, an amount of the revenue derived from the facilities
17 and services of the district, including acquisitions,
18 extensions, and improvements thereof sufficient to pay said
19 bonds and the interest thereon as the same shall become due
20 and to create and maintain reasonable reserves therefor.
21 (f) To buy, sell, rent, or lease real and personal
22 property in the name of the district; to deliver purchase
23 money notes and mortgages or to assume the obligation of
24 existing mortgages in connection with the acquisition of
25 property of the district; and to receive gifts of real or
26 personal property.
27 (g) To promulgate reasonable rules and regulations
28 governing the use of the facilities of the district.
29 (h) To provide trash and garbage collection and
30 central television antenna signals and services for the
31 benefit of all persons residing within the district, to own,
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1 operate, and maintain the necessary equipment and apparatus,
2 or to contract with others to provide such services, and to
3 hold such franchises as may be necessary or desirable to
4 provide such services.
5 (i) To use district funds in the administration and
6 enforcement of the deed restriction as filed in the Manatee
7 County public records for properties within the district.
8 (j) To recover all costs and reasonable attorney's
9 fees in addition to other appropriate relief should the
10 trustees be the prevailing party in any litigation, and in any
11 appellate proceedings, involving the enforcement of this act
12 and/or the deed restrictions as filed in the Manatee County
13 public records.
14 Section 16. The construction, acquisition, or
15 improvements of real or personal property of the district, or
16 the refunding of any bonds or other obligations issued for
17 such purposes, may be authorized under this act. Bonds may be
18 authorized to be issued under this act to provide funds for
19 such purposes by resolution or resolutions of the trustees,
20 which may be adopted at the same meeting at which they were
21 introduced and may be adopted by a majority of the members
22 thereof, and shall take effect immediately upon adoption and
23 need not be published or posted. Said bonds shall bear
24 interest at such rate or rates not exceeding 6 percent per
25 annum, payable semiannually, may be in one or more series, may
26 bear such date or dates, may mature at such time or times not
27 exceeding 40 years from their respective dates, may be made
28 payable in such medium of payment, at such place, within or
29 without the state, may carry such registration privileges, may
30 be subject to such terms of redemption, with or without
31 premium, may be executed in such manner, may contain such
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1 terms, covenants, and conditions, and may be in such form,
2 either coupon or registered, as such resolution or subsequent
3 resolution may provide. Said bonds may be sold all at one
4 time or in blocks from time to time, at public or private
5 sale, or if refunding bonds, may also be delivered and
6 exchanged for the outstanding obligations to be refunded
7 thereby, in such manner as the trustees shall determine by
8 resolution, and at such price or prices computed according to
9 standard tables of bond value as will yield to the purchasers
10 or the holders of the obligations surrendered in exchange in
11 the case of refunding bonds, income at a rate not exceeding 6
12 percent per annum to the maturity dates of the several bonds
13 so sold or exchanged on the money paid or the principal amount
14 of obligations surrendered therefor to the district. Pending
15 the preparation of the definitive bonds, interim certificates
16 or receipts or temporary bonds in such form and with such
17 provisions as the trustees may determine may be issued to the
18 purchaser or purchasers of the bonds sold pursuant to this
19 act. Said bonds, and such interim certificates or receipts or
20 temporary bonds, shall be fully negotiable.
21 Section 17. A record shall be kept of all meetings of
22 the Board of Trustees and in such meetings a concurrence of a
23 majority of said trustees shall be necessary for any
24 affirmative action taken by the board. Said trustees may
25 adopt such rules and regulations, not inconsistent with any
26 portion of this act, as they may deem necessary or convenient
27 in and about the transaction of the business of the board and
28 in carrying out the provisions of this act.
29 Section 18. For the general purposes of this act, each
30 parcel of improved residential property in said district is
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1 hereby declared to be uniformly and generally benefited by the
2 provisions hereof.
3 Section 19. The district hereby created may be
4 abolished by a majority vote of the qualified electors in the
5 district at an election called by the trustees of the district
6 for such purpose, which election shall be held and notice
7 thereof given under the same requirements as are set forth
8 hereunder for the election of trustees and the levying and
9 collecting of the district tax. However, the district shall
10 not be abolished while it has outstanding indebtedness without
11 first making adequate provisions for the liquidation of such
12 outstanding indebtedness.
13 Section 20. Trustees not guilty of malfeasance in
14 office shall be relieved of any personal liability for any
15 acts done by them while holding office in the district; any
16 trustee who is made a party to any action, suit, or proceeding
17 solely by reason of his or her holding office in the district
18 shall be indemnified by the district against reasonable
19 expenses, including attorney's fees, incurred by him or her in
20 defending such suit, action, or proceeding, except with
21 respect to matters wherein it shall be adjudged in such
22 proceeding that such trustee is liable for negligence or
23 misconduct in the performance of his or her duties.
24 Section 21. The word "district" means the special park
25 and recreation district hereby organized; the words "board,"
26 "trustees," and "Board of Trustees" mean the Board of Trustees
27 of and for the special park and recreation district hereby
28 created when used in this act, unless otherwise specified.
29 Section 22. If any clause, section, or provision of
30 this act shall be declared to be unconstitutional or invalid
31 for any cause or reason, the same shall be eliminated from
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1 this act, and the remaining portion of said act shall be in
2 force and effect and be as valid as if such invalid portion
3 thereof had not been incorporated therein.
4 Section 23. All laws or parts of laws in conflict
5 herewith are, to the extent of such conflict, hereby repealed.
6 Section 24. The provisions of this act shall be
7 liberally construed in order to effectively carry out the
8 purpose of this act in the interest of the public.
9 Section 25. This act is to become a law immediately
10 upon its passage and approval by the Governor or upon its
11 becoming a law without such approval and is to become
12 effective immediately after a special referendum election is
13 held in the territory proposed to be constituted into the
14 Trailer Estates Park and Recreation District wherein the
15 majority of the qualified electors (as herein defined)
16 participating in said special election shall vote in favor of
17 constituting said territory into a park and recreation
18 district. Said referendum election shall be held within not
19 less than 30 nor more than 60 days after presentation to the
20 supervisor of elections for Manatee County of a petition for a
21 special referendum election, signed by at least 50 qualified
22 electors. Should a majority of the qualified electors
23 participating in said election vote "no" and unfavorable to
24 this act, then this act shall be void.
25 Section 26. (a) Notwithstanding any provisions to the
26 contrary (as may now appear in section 8, section 13, or
27 section 15), the trustees of Trailer Estates Park and
28 Recreation District shall not enter into any contract
29 involving the initial purchase, lease, conveyance, or other
30 manner of acquisition of real or tangible personal property
31 constituting recreational facilities, which presently exist
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 981
750-106A-02
1 within the territory included in the Trailer Estates Park and
2 Recreation District, in any instance when the cost price or
3 consideration therefor exceeds $25,000 including all
4 obligations proposed to be assumed in connection with such
5 acquisition, unless:
6 (1) The trustees by two-thirds vote have approved the
7 terms and conditions of such acquisition by written
8 resolution;
9 (2) Within not less than 30 nor more than 60 days
10 after the date of the resolution, the trustees certify the
11 resolution to the supervisor of elections of Manatee County
12 for a referendum election; and
13 (3) A majority of qualified electors of the district
14 voting in a referendum election approve the resolution.
15 (b) The qualifications of voters, notice, and
16 procedure for this referendum shall be the same as set forth
17 herein for the election of trustees and for special referendum
18 elections.
19 Section 4. Chapters 69-1287, 70-796, 72-612, 73-546,
20 76-420, 76-423, 81-428, 90-447, and 96-442, Laws of Florida,
21 are repealed.
22 Section 5. In the event of a conflict of the
23 provisions of this act with the provisions of any other act,
24 the provisions of this act shall control to the extent of such
25 conflict.
26 Section 6. This act shall take effect upon becoming a
27 law.
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CODING: Words stricken are deletions; words underlined are additions.