House Bill hb0997er

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  1

  2         An act relating to Bayshore Gardens Park and

  3         Recreation District, Manatee County; providing

  4         for codification; providing legislative intent;

  5         providing district status and boundaries;

  6         providing for applicability of chapters 418 and

  7         189, Florida Statutes, and other general laws;

  8         providing a district charter; providing for

  9         liberal construction; providing for

10         severability; repealing chapters 79-509 and

11         97-357, Laws of Florida; providing an effective

12         date.

13

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

15

16         Section 1.  Pursuant to chapter 97-255, Laws of

17  Florida, this act constitutes the codification of all special

18  acts relating to the Bayshore Gardens Park and Recreation

19  District. It is the intent of the Legislature in enacting this

20  law to provide a single, comprehensive special act charter for

21  the district, including all current legislative authority

22  granted to the district by its several legislative enactments

23  and any additional authority granted by this act.

24         Section 2.  Chapters 79-509 and 97-357, Laws of

25  Florida, relating to the Bayshore Gardens Park and Recreation

26  District, are codified, reenacted, amended, and repealed as

27  herein provided.

28         Section 3.  The Bayshore Gardens Park and Recreation

29  District is re-created and the charter for such district is

30  re-created and reenacted to read:

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  1         Section 1.  Status and boundaries.--The Bayshore

  2  Gardens Park and Recreation District is hereby declared to be

  3  an independent recreation district and a political subdivision

  4  of the State of Florida pursuant to chapter 418, Florida

  5  Statutes, as it may be amended from time to time, and the

  6  lands lying within the area described as follows in Manatee

  7  County shall hereby constitute the Bayshore Gardens Park and

  8  Recreation District:

  9

10         Bayshore Gardens Subdivisions, Section 1, as

11         recorded in Plat Book 9, Page 12, of the Public

12         Records of Manatee County, Florida.

13

14         Bayshore Gardens Subdivisions, Section 2, as

15         recorded in Plat Book 9, Pages 35 and 36, of

16         the Public Records of Manatee County, Florida.

17

18         Bayshore Gardens Subdivisions, Section 4, as

19         recorded in Plat Book 9, Page 69, of the Public

20         Records of Manatee County, Florida

21

22         Bayshore Gardens Subdivisions, Section 3, as

23         recorded in Plat Book 10, Pages 5, 6, and 7, of

24         the Public Records of Manatee County, Florida.

25

26         Bayshore Gardens Subdivisions, Section 4

27         (Replat of Blocks A and B), as recorded in Plat

28         Book 10, Page 10, of the Public Records of

29         Manatee County, Florida.

30

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  1         Bayshore Gardens Subdivision, Section 5, as

  2         recorded in Plat Book 10, Pages 17 and 18, of

  3         the Public Records of Manatee County, Florida,

  4         less Lot 1.

  5

  6         Bayshore Gardens Subdivisions, Section 3

  7         (Replat of Blocks K, L, and M), as recorded in

  8         Plat Book 10, Page 38, of the Public Records of

  9         Manatee County, Florida.

10

11         Bayshore Gardens Subdivisions, Section 9A, as

12         recorded in Plat Book 10, Page 83 and 84, of

13         the Public Records of Manatee County, Florida.

14

15         Bayshore Gardens Subdivisions, Section 9B, as

16         recorded in Plat Book 11, Page 2, of the Public

17         Records of Manatee County, Florida.

18

19         Bayshore Gardens Subdivisions, Section 9C, as

20         recorded in Plat Book 11, Page 3, of the Public

21         Records of Manatee County, Florida.

22

23         Bayshore Gardens Subdivisions, Section 9D, as

24         recorded in Plat Book 11, Page 4, of the Public

25         Records of Manatee County, Florida.

26

27         Bayshore Gardens Subdivisions, Section 9F, as

28         recorded in Plat Book 11, Page 5, of the Public

29         Records of Manatee County, Florida.

30

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  1         Bayshore Gardens Subdivisions, Section 9G, as

  2         recorded in Plat Book 11, Page 6, of the Public

  3         Records of Manatee County, Florida.

  4

  5         Bayshore Gardens Subdivisions, Section 6, as

  6         recorded in Plat Book 11, Page 59, of the

  7         Public Records of Manatee County, Florida.

  8

  9         Bayshore Gardens Subdivisions, Section 7, as

10         recorded in Plat Book 11, Page 60, of the

11         Public Records of Manatee County, Florida.

12

13         Bayshore Gardens Subdivisions, Section 8, as

14         recorded in Plat Book 11, Page 63, of the

15         Public Records of Manatee County, Florida.

16

17         Bayshore Gardens Subdivisions, Section 10, as

18         recorded in Plat Book 11, Page 93, of the

19         Public Records of Manatee County, Florida.

20

21         Bayshore Gardens Subdivisions, Section 11, as

22         recorded in Plat Book 12, Pages 4 and 5, of the

23         Public Records of Manatee County, Florida.

24

25         Bayshore Gardens Subdivisions, Section 12, as

26         recorded in Plat Book 12, Pages 6 and 7, of the

27         Public Records of Manatee County, Florida.

28

29         Bayshore Gardens Subdivisions, Section 13, as

30         recorded in Plat Book 12, Pages 8 and 9, of the

31         Public Records of Manatee County, Florida.


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  1

  2         Bayshore Gardens Subdivisions, Section 14, as

  3         recorded in Plat Book 12, Page 10 and 11, of

  4         the Public Records of Manatee County, Florida.

  5

  6         Bayshore Gardens Subdivisions, Section 31, as

  7         recorded in Plat Book 12, Pages 32 and 33, of

  8         the Public Records of Manatee County, Florida.

  9

10         Bayshore Gardens Subdivisions, Section 32, as

11         recorded in Plat Book 12, Pages 34 and 35, of

12         the Public Records of Manatee County, Florida.

13

14         Bayshore Gardens Subdivisions, Section 33, as

15         recorded in Plat Book 12, Pages 36 and 37, of

16         the Public Records of Manatee County, Florida.

17

18         Bayshore Gardens Subdivisions, Section 19, as

19         recorded in Plat Book 12, Pages 76 and 77, of

20         the Public Records of Manatee County, Florida.

21

22         Bayshore Gardens Subdivisions, Section 20, as

23         recorded in Plat Book 12, Page 78 and 79, of

24         the Public Records of Manatee County, Florida.

25

26         Bayshore Gardens Subdivisions, Section 21, as

27         recorded in Plat Book 12, Pages 80 and 81, of

28         the Public Records of Manatee County, Florida.

29

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  1         Bayshore Gardens Subdivisions, Section 22, as

  2         recorded in Plat Book 13, Pages 1 and 2, of the

  3         Public Records of Manatee County, Florida.

  4

  5         Bayshore Gardens Subdivisions, Section 35, as

  6         recorded in Plat Book 13, Pages 44 and 45, of

  7         the Public Records of Manatee County, Florida.

  8

  9         Bayshore Gardens Subdivisions, Section 36, as

10         recorded in Plat Book 13, Pages 53 and 54, of

11         the Public Records of Manatee County, Florida.

12

13         Bayshore Gardens Subdivisions, Section 37A, as

14         recorded in Plat Book 13, Page 82, of the

15         Public Records of Manatee County, Florida.

16

17         Parcel of land, 70' X 108' facing 70' on the

18         extension of Renssalaer Drive described as

19         follows:

20

21         Begin as the most Easterly corner of Lot 1,

22         Block C, Section 14, Bayshore Gardens

23         Subdivision, as per Plat thereof recorded in

24         Plat Book 12, Page 10, Public Records of

25         Manatee County, Florida; thence run N 49°47'51"

26         W, along the Northerly line of said Lot 1,

27         Block C, 108.0' to the E line of Renssalaer

28         Drive extended; thence run N 40°12'10" E 70.0'

29         to a point; thence run S 49°47'50" E, 108.0' to

30         a point; thence run S 40°12'10" W 70.0' to the

31         point of beginning; less a 5' easement off the


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  1         S and E sides of the above described parcel.

  2         Begin at the SW corner of Lot 2, Block A,

  3         Bayshore Gardens, Section 35, as per Plat

  4         recorded in Plat Book 13, Pages 44 and 45;

  5         thence run along the W line of said Lot 2, and

  6         the extension thereof N 0°30' W, a distance of

  7         108.0 feet to a point; thence run South 89°30'

  8         W, a distance of 70.0 feet to a point; thence

  9         run S 0°30' E, a distance of 108.0 feet to a

10         point; thence run N 89°30' E, a distance of

11         70.0 feet to the point of beginning, as

12         described in Official Record Book 308, Page 43,

13         Public Records of Manatee County, Florida.

14

15         Section 2.  Minimum charter requirements.--In

16  accordance with section 189.404(3), Florida Statutes, the

17  following subsections shall constitute the charter of the

18  Bayshore Gardens Park and Recreation District:

19         (1)  The district is organized and exists for all

20  purposes set forth in this act and chapter 418, Florida

21  Statutes, as they may be amended from time to time.

22         (2)  The powers, functions, and duties of the district

23  regarding ad valorem taxation, bond issuance, other

24  revenue-raising capabilities, budget preparation and approval,

25  liens and foreclosure of liens, use of tax deeds and tax

26  certificates as appropriate for non-ad valorem assessments,

27  and contractual agreements shall be as set forth in chapters

28  170, 189, 197, and 418, Florida Statutes, or any other

29  applicable general or special law, as they may be amended from

30  time to time.

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  1         (3)  The district was created by the Legislature in

  2  1979 by House Bill 1233 in accordance with chapter 418,

  3  Florida Statutes.

  4         (4)  The district's charter may be amended only by

  5  special act of the Legislature.

  6         (5)  In accordance with chapter 189, Florida Statutes,

  7  this act, and section 418.21(1)(a), Florida Statutes, the

  8  district is governed by a nine-member board of trustees,

  9  elected on a popular vote basis by the residents of the

10  district. The trustees shall hold office for a term of 4 years

11  and may succeed themselves. Election of succeeding boards of

12  trustees shall be held biennially on the first Tuesday after

13  the first Monday of December of each odd-numbered year. Said

14  election shall be held at the Bayshore Gardens Recreation Hall

15  in the district between the hours of 7 a.m. and 7 p.m. The

16  Supervisor of Elections of Manatee County shall conduct the

17  election and canvass the return of said election and shall

18  announce the results thereof. Notice of said election setting

19  forth the names of the persons proposed as trustees of the

20  district for the next ensuing 4 years shall be published by

21  the district one time at least 10 days prior to such election

22  in a newspaper of general circulation published in Manatee

23  County. Said election may be by ballot or by voting machine.

24  All vacancies occurring in the board of trustees from any

25  causes shall be filled for the unexpired term by the remaining

26  trustees by the appointment of a successor trustee or trustees

27  from among the qualified electors of said district. Any

28  trustee moving from the district shall resign forthwith. Any

29  trustee failing to discharge the duties of his or her position

30  may be removed for cause by the board of trustees after due

31  notice and an opportunity to be heard upon charges of


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  1  malfeasance or misfeasance. The trustees, upon their biennial

  2  election, shall organize by electing from their number a

  3  chair, two vice chairs, a secretary, and a treasurer.

  4         (6)  The trustees shall not receive any compensation

  5  for their services but shall be entitled to be reimbursed from

  6  funds of the district for travel and per diem, pursuant to

  7  section 112.061, Florida Statutes, that they may properly

  8  incur on behalf of the district. Before any trustee shall

  9  enter upon his or her duties, he or she shall execute to the

10  Governor, for the benefit of the district, a good and

11  sufficient bond in the sum of $10,000 with a qualified

12  corporate surety conditioned to faithfully perform the duties

13  of such trustee and to account for all funds which may come

14  into his or her hands as such trustee. All premiums for such

15  surety on all bonds shall be paid from the funds of the

16  district.

17         (7)  The administrative duties of the board of trustees

18  shall be as set forth in this act and chapters 189 and 418,

19  Florida Statutes, as they may be amended from time to time.

20  The trustees shall have the following specific powers:

21         (a)  To negotiate purchases and to purchase real and

22  personal property on behalf of the district and to pay for

23  such purchases either with cash or by the issuance of

24  promissory notes or revenue certificates.

25         (b)  To determine and fix the assessment to be assessed

26  annually within the district.

27         (c)  To enter into contracts on behalf of the district.

28         (d)  To buy, sell, rent, or lease real and personal

29  property in the name of the district.

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  1         (e)  To deliver purchase money notes and mortgages or

  2  to assume the obligation of existing mortgages in connection

  3  with the acquisition of property of the district.

  4         (f)  To receive gifts of real or personal property.

  5         (g)  To promulgate reasonable rules and regulations

  6  governing the use of the facilities of the district.

  7

  8  A record shall be kept of all meetings of the board of

  9  trustees and, in such meetings, a concurrence of the majority

10  of said trustees shall be necessary to any affirmative action

11  taken by the board. Said trustees may adopt such rules and

12  regulations, not inconsistent with any portion of this act, or

13  chapters 189 and 418, Florida Statutes, as they may deem

14  necessary or convenient in and about the transaction of the

15  business of the board and in carrying out the provisions of

16  this act. Notwithstanding any provisions to the contrary

17  herein, the trustees shall not enter into any future contracts

18  involving the purchase, lease, conveyance, or other manner of

19  acquisition of real or tangible personal property in any

20  instance where the cost, price, or consideration thereof

21  exceeds $25,000, including all obligations proposed to be

22  assumed in connection with such acquisition, unless the

23  trustees by two-thirds vote have approved the terms and

24  conditions of such acquisition by written resolution and

25  within not less than 30 nor more than 60 days after the date

26  of the resolution, the trustees certify the resolution to the

27  Supervisor of Elections of Manatee County for a referendum

28  election, and a majority of qualified electors approve the

29  resolution by referendum election.

30         (8)  Requirements for financial disclosure, meeting

31  notices, and reporting requirements shall be as set forth in


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  1  chapters 112, 189, 286, and 418, Florida Statutes, as they may

  2  be amended from time to time. The fiscal year of the district

  3  shall commence October 1. The trustees shall, on or before

  4  April 1 of each year, prepare an annual financial statement of

  5  income and disbursements during the prior fiscal year. On or

  6  before July 1 of each year, the trustees shall prepare and

  7  adopt an itemized budget showing the amount of money necessary

  8  for the operation of the district for the next fiscal year,

  9  and the district assessment to be assessed and collected upon

10  the taxable property of the district for the next ensuing

11  year. Such financial statements shall be published once during

12  the month of April each year in a newspaper of general

13  circulation within the County of Manatee. A copy of said

14  statement and a copy of said budget shall also be made

15  available for public inspection at the principal office of the

16  district at reasonable hours.

17         (9)  The district shall have no authority to issue

18  bonds.

19         (10)  The board of trustees shall have the right,

20  power, and authority to levy a special assessment known as a

21  "recreation district tax" against all taxable real estate

22  situated within said district for the purpose of providing

23  funds for the operation of the district. The trustees shall,

24  on or before June 1 of each year, beginning in the year 1980,

25  or as soon as practicable thereafter, by resolution fix the

26  amount of the assessment for the current year and shall direct

27  the Property Appraiser of Manatee County to assess and the Tax

28  Collector of Manatee County to collect such assessment as

29  assessed upon each improved residential parcel of property

30  within the district. Prior to the adoption of said resolution

31  fixing the amount of said assessment, the trustees shall hold


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  1  a public hearing at which time property owners within the

  2  district may appear and be heard. Notice of the time and place

  3  of the public hearing shall be published once in a newspaper

  4  of general circulation within the County of Manatee at least

  5  21 days prior to said public hearing. The assessment shall be

  6  determined by dividing the budget by the number of parcels

  7  subject to the assessment. If a majority of the residents

  8  subject to said assessment present at said public hearing are

  9  opposed to the budget and assessment, it shall be reduced

10  until acceptable to a majority voting. The County Property

11  Appraiser shall include on the Manatee County tax roll the

12  special assessment for park and recreation district benefits

13  thus made by the board of trustees of the district, and the

14  same shall be collected in the manner and form as provided for

15  collection of county taxes. The County Tax Collector and the

16  County Property Appraiser shall each receive compensation for

17  their services regarding such special assessments of 1 1/2

18  percent of the gross tax receipts instead of the commissions

19  and fees usually earned for the assessment and collection of

20  county taxes. After deducting therefrom said fees, the County

21  Tax Collector shall deposit the funds into a depository

22  designated by the board of trustees of the district for the

23  account of the district. For the purpose of determining

24  property subject to the district assessment, an "improved

25  residential parcel" means a platted lot or lots on which a

26  residence may be erected. The district assessment shall not be

27  an ad valorem tax but rather shall be a unit tax assessed

28  equally against all improved residential parcels. The district

29  assessment shall be a lien upon each improved residential

30  parcel of land so assessed until said assessment has been

31  paid, and shall be considered a part of the Manatee County


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  1  tax, subject to the same penalties, charges, fees, and

  2  remedies for enforcement and collection as provided by the

  3  laws of the state for the collection of such taxes. The

  4  proceeds of said assessment and the funds of the district

  5  shall be deposited in the name of the district in a bank or

  6  savings and loan association or building and loan association

  7  authorized to receive deposits of county funds, which

  8  depository shall be designated by resolution of the board of

  9  trustees. No funds of the district shall be disbursed save and

10  except by check or draft signed by the chair and treasurer of

11  the board or, in the absence of either, by another trustee

12  designated for that purpose by the board.

13         (11)  The district's planning requirements shall be as

14  set forth in chapters 189 and 418, Florida Statutes, as they

15  may be amended from time to time.

16         (12)  The district's geographic boundary limitations

17  shall be as set forth in section 1 of this charter.

18         (13)  The Bayshore Gardens Park and Recreation District

19  is an independent special district as defined in section

20  189.403(3), Florida Statutes.

21         (14)  The district shall have all powers provided to it

22  by this charter, chapters 189 and 418, Florida Statutes, and

23  other applicable general laws, as they may be amended from

24  time to time.

25         (15)  The district hereby created may be abolished by a

26  two-thirds vote of the qualified electors of the districts

27  participating in an election called by the trustees of the

28  district for that purpose, which election shall be held and

29  notice thereof given under the same requirements as are set

30  forth hereunder for the election of trustees and the levying

31  and collecting of district assessments; provided, however,


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  1  that the district shall not be abolished while it has

  2  outstanding indebtedness without first making adequate

  3  provisions for the liquidation of such outstanding

  4  indebtedness.

  5         Section 3.  Use of district facilities.--Persons

  6  entitled to use the district facilities and property of the

  7  district shall be limited to residents within the district,

  8  their family members and guests, and such other persons and

  9  groups as the trustees may authorize from time to time. The

10  property of the district shall consist of real or personal

11  property and improvements now or hereafter acquired, erected,

12  or purchased by the trustees for the district. For the

13  purposes of this act, each parcel of property in said district

14  is hereby declared to be uniformly and generally benefited by

15  the provisions hereof.

16         Section 4.  Indemnification.--Any trustee who is made a

17  party to any action, suit, or proceeding solely by reason of

18  his or her holding office in the district shall be indemnified

19  by the district against reasonable expenses including

20  attorney's fees incurred by him or her in defending such suit,

21  action, or proceeding, except with respect to matters wherein

22  it shall be adjudged in such proceeding that such trustee is

23  liable for negligence or misconduct in the performance of his

24  or her duties.

25         Section 4.  It is intended that the provisions of this

26  act shall be liberally construed for accomplishing the work

27  authorized and provided for, or intended to be provided for,

28  by this act, and where strict construction would result in the

29  defeat of the accomplishment of any part of the work

30  authorized by this act, and a liberal construction would

31  permit or assist in the accomplishment of any part of the work


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  1  authorized by this act, the liberal construction shall be

  2  chosen.

  3         Section 5.  If any clause, section, or provision of

  4  this act shall be declared to be unconstitutional or invalid

  5  for any cause or reason, the same shall be eliminated from

  6  this act, and the remaining portion of this act shall be in

  7  force and effect and be as valid as if such invalid portion

  8  thereof had not been incorporated therein.

  9         Section 6.  Chapters 79-509 and 97-357, Laws of

10  Florida, are repealed.

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

12  law.

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