HB 1233 2003
1	A bill to be entitled
2	An act relating to St. Lucie County Mosquito Control
3	District; codifying, reenacting, amending, and repealing
4	special acts related to the district; providing a charter;
5	providing boundaries of the district; providing for a
6	governing board and operation of the district in
7	accordance with ch. 388, F.S.; providing for compensation;
8	providing for district powers, functions, and duties;
9	providing a public nuisance declaration; providing bond
10	procedures; providing for ad valorem taxes; providing
11	boundary revision procedures; providing for construction
12	and effect; repealing chapters 29502 (1953), 59-1794, 59-
13	1796, 61-2760, 65-2187, 80-598, 87-510, and 96-461, Laws
14	of Florida; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Pursuant to section 189.429, Florida Statutes,
19	this act constitutes the codification of all special acts
20	relating to the St. Lucie County Mosquito Control District. It
21	is the intent of the Legislature to provide a single,
22	comprehensive special act charter for the district including all
23	current legislative authority granted to the district by its
24	several legislative enactments and any additional authority
25	granted by this act, chapters 189 and 388, Florida Statutes, and
26	chapter 5E-13, Florida Administrative Code, as the same may be
27	amended from time to time. It is further the intent of this act
28	to preserve all district authority.
29	Section 2. Chapters 29502 (1953), 59-1794, 59-1796, 61-
30	2760, 65-2187, 80-598, 87-510, and 96-461, Laws of Florida, are
31	codified, reenacted, amended, and repealed as provided herein.
32	Section 3. The St. Lucie County Mosquito Control District
33	is re-created and reenacted to read:
34	Section 1. District boundaries.--A special taxing
35	district, lying wholly in St. Lucie County, to be known as the
36	St. Lucie County Mosquito Control District, is described as
37	follows:
38	Beginning at the Northeast corner of Section 3,
39	Township 34 South, Range 40 East; thence West to the
40	Northwest corner of Section 3, Township 34 South,
41	Range 38 East; thence South to the Southwest corner of
42	Section 34, Township 34 South, Range 38 East; thence
43	East to the Southwest corner of Section 36, Township
44	34 South, Range 38 East; thence South to the Southeast
45	corner of Northeast ¼ of Section 11, Township 36
46	South, Range 38 East; thence West to the Northwest
47	corner of the Southeast ¼ of Section 11, Township 36
48	South, Range 38 East; thence South to the Southwest
49	corner of the Southeast ¼ of Section 11, Township 36
50	South, Range 38 East; thence East to the Southwest
51	corner of Section 10, Township 36 South, Range 39
52	East; thence South to the Southwest corner of Section
53	34, Township 37 South, Range 39 East; thence East to
54	the Southeast corner of Section 36, Township 37 South,
55	Range 40 East; thence North to the Southwest corner of
56	Section 7, Township 37 South, Range 41 East; thence
57	East following the Section lines to the water’s edge
58	of the Atlantic Ocean; thence meandering said water’s
59	edge Northwesterly to the point of beginning.
60	AND
61	A parcel of land of land lying in Sections 4, 5, 8, 9,
62	10, 16 and 17, Township 37 South, Range 39 East, and
63	Section 33, Township 36 South, Range 39 East, St.
64	Lucie County, Florida, said parcel being more
65	particularly described as follows:
66	Begin at the intersection of the centerline of Gatlin
67	Boulevard (also being the north line of Section 15)
68	and the westerly limits of Gatlin Boulevard Right-of-
69	Way and the westerly limits of those lands described
70	in an Order of Taking dated July 24, 1979 and recorded
71	in Official Record Book 311 at Pages 2946 through
72	2952, inclusive, Public Records of St. Lucie County,
73	Florida, and as shown on the Florida Department of
74	Transportation Right-of-Way maps for State Road #9.
75	(I-95), Section 94001-2412, dated 6/2/77, with last
76	revision of 9/11/79; thence South 89 degrees 57
77	minutes 05 seconds West, a distance of 7702.12 feet;
78	thence South 00 degrees 05 minutes 46 seconds West, a
79	distance of 757.53 feet; thence South 89 degrees 57
80	minutes 43 seconds West, a distance of 1159.20 feet;
81	thence North 00 degrees 40 minutes 03 seconds East, a
82	distance of 152.60 feet; thence North 54 degrees 52
83	minutes 19 seconds East, a distance of 153.89 feet;
84	thence North 11 degrees 24 minutes 07 seconds East, a
85	distance of 156.51 feet; thence North 14 degrees 02
86	minutes 38 seconds West, a distance of 439.20 feet; to
87	the beginning of a curve concave southerly, having a
88	radius of 200.00 feet and a central angle of 130
89	degrees 29 minutes 58 seconds, thence northerly,
90	westerly and finally southerly along the arc of said
91	curve to the left, a distance of 455.53 feet to the
92	curves end; thence South 35 degrees 27 minutes 24
93	seconds West, a distance of 161.00 feet; thence South
94	89 degrees 57 minutes 05 seconds West, a distance of
95	1118.66 feet; thence North 43 degrees 15 minutes 34
96	seconds West, a distance of 1.86 feet; thence North 09
97	degrees 54 minutes 33 seconds East, a distance of
98	528.17 feet; thence North 62 degrees 56 minutes 57
99	seconds East, a distance of 710.69 feet; thence North
100	39 degrees 35 minutes 38 seconds West, a distance of
101	373.81 feet; thence South 80 degrees 50 minutes 18
102	seconds West, a distance of 92.33 feet; thence North
103	00 degrees 09 minutes 21 seconds East, A distance of
104	4587.82 feet; to the southeasterly line of Grove No.
105	3, as recorded in O.R. Book 383, at Page 1059, St.
106	Lucie County Public Records (Special Warranty Deed
107	from A. Duda & Sons, Inc. to D & M Indian River
108	Groves) thence along said southerly and easterly line
109	of Grove No. 3 the following courses and distances:
110	North 74 degrees 07 minutes 42 seconds East, a
111	distance of 3624.15 feet; thence North 02 degrees 40
112	minutes 30 seconds West; a distance of 853.63 feet;
113	thence North 03 degrees 34 minutes 36 seconds East, a
114	distance of 264.67 feet; thence North 11 degrees 39
115	minutes 14 seconds East, a distance of 299.59 feet;
116	thence North 05 degrees 52 minutes 55 seconds East, a
117	distance of 655.21 feet; thence North 13 degrees 31
118	minutes 07 seconds East, a distance of 422.94 feet;
119	thence departing said Grove No. 3, continue North 13
120	degrees 31 minutes 07 seconds East, a distance of
121	51.88 feet; thence North 74 degrees 14 minutes 30
122	seconds East; a distance of 2525.46 feet; thence North
123	76 degrees 04 minutes 00 seconds East, a distance of
124	1244.50 feet; thence North 65 degrees 11 minutes 40
125	seconds East, a distance of 178.59 feet; thence North
126	59 degrees 06 minutes 39 seconds East, a distance of
127	424.13 feet; thence North 73 degrees 43 minutes 15
128	seconds East, a distance of 14.12 feet; thence South
129	50 degrees 55 minutes 52 seconds East, a distance of
130	7.43 feet; thence North 56 degrees 01 minutes 38
131	seconds East, a distance of 31.64 feet; thence North
132	33 degrees 56 minutes 01 seconds East, a distance of
133	30.15 feet; thence North 54 degrees 34 minutes 18
134	seconds East, a distance of 298.73 feet; thence North
135	85 degrees 53 minutes 58 seconds East, a distance of
136	132.02 feet; thence North 70 degrees 54 minutes 26
137	seconds East, a distance of 143.67 feet; thence North
138	56 degrees 25 minutes 29 seconds East, a distance of
139	121.35 feet; thence North 66 degrees 21 minutes 07
140	seconds East, a distance of 557.84 feet; thence South
141	00 degrees 35 minutes 12 seconds West along the
142	northerly prolongation of the East line of the
143	northeast quarter of said Section 4, a distance of
144	271.44 feet to the northeast corner of Section 4;
145	thence continue South 00 degrees 35 minutes 12 seconds
146	West, along the East line of said Section 4, a
147	distance of 2833.04 feet to the East quarter corner of
148	said Section 4; thence South 00 degrees 36 minutes 27
149	seconds West, a distance of 2651.97 feet to the
150	northwest corner of Section 10; thence North 89
151	degrees 54 minutes 10 seconds East along the North
152	line of said Section 10, a distance of 1793.84 feet;
153	to a point of intersection with the westerly Right-of-
154	Way line of said I-95 and the said westerly line of
155	the lands described in the Order of Taking dated July
156	24, 1979 and recorded in Official Record Book 311 at
157	Pages 2946 through 2952, inclusive, and with a non-
158	tangent curve, concave easterly, having a radius of
159	5983.58 feet and central angle of 23 degrees 41
160	minutes 41 seconds, thence along the westerly line of
161	said I-95 Right-of-Way and along the said westerly
162	line of the lands described in the Order of Taking,
163	dated July 24, 1979, the following courses and
164	distance: thence southerly along the arc of said curve
165	to the left, a distance of 2474.52 feet, said arc
166	subtended by a chord which bears South 06 degrees 56
167	minutes 28 seconds East, a distance of 2456.92 feet to
168	the curves end; thence South 18 degrees 47 minutes 19
169	seconds East, a distance of 714.03 feet; thence South
170	14 degrees 47 minutes 19 seconds East, a distance of
171	510.88 feet; thence South 07 degrees 32 minutes 07
172	seconds East, a distance of 374.37 feet; thence South
173	06 degrees 58 minutes 16 seconds West, a distance of
174	373.49 feet; thence South 15 degrees 33 minutes 28
175	seconds West, a distance of 491.49 feet; thence South
176	34 degrees 39 minutes 50 seconds West, a distance of
177	207.78 feet; thence South 70 degrees 02 minutes 50
178	seconds West, a distance of 289.50 feet; thence South
179	00 degrees 01 minutes 45 seconds West, a distance of
180	64.09 feet; thence South 82 degrees 24 minutes 53
181	seconds West, a distance of 317.56 feet; thence North
182	89 degrees 58 minutes 15 seconds West, a distance of
183	372.63 feet; thence North 89 degrees 58 minutes 15
184	seconds West, a distance of 262.61 feet; thence South
185	00 degrees 01 minutes 45 seconds West, a distance of
186	100.00 feet, to the Point of Beginning.
187	AND
188	A parcel of land of land lying in Section 16, 20, 21,
189	28, 29 and 33, Township 36 South, Range 39 East, St.
190	Lucie County, Florida, said parcel being more
191	particularly described as follows:
192	Begin at the intersection of the Southeasterly right
193	of way line of the FEC Railroad and the Northeasterly
194	right of way line of the SFWMD Canal C-24; thence
195	Southeasterly along said Northeasterly right of way
196	line of the C-24 to the intersection of the East Line
197	of Section 33, Township36 South, Range 39 East; thence
198	North along the East line of Sections 33, 28, 21 AND
199	16, Township 36 South, Range 39 East to the
200	intersection of the Southeasterly right of way line of
201	the FEC Railroad; thence Southwesterly along said
202	Southeasterly right of way line to the Point of
203	Beginning.
204	Section 2. Establishment; District Formation Ratified,
205	Restated, and Approved.--—
206	(1) The district, a dependent special district, is
207	established for all purposes set forth in this act, chapters 189
208	and 388, Florida Statutes, and chapter 5E-13, Florida
209	Administrative Code, as the same may be amended from time to
210	time. This charter may be amended only by special act of the
211	Legislature.
212	(2) The St. Lucie County Mosquito Control District, as
213	initially established pursuant to chapter 29502 (1953), Laws of
214	Florida, and thereafter amended as provided by special acts of
215	the Legislature, is ratified, confirmed, and approved.
216	Section 3. Governing Board.--The governing body of the St.
217	Lucie County Mosquito Control District (the “district”) shall be
218	the members of the Board of County Commissioners of St. Lucie
219	County. As soon as practicable after the County Commissioners
220	of St. Lucie County have assumed office, the commissioners shall
221	meet to organize as the governing board of the St. Lucie County
222	Mosquito Control District. The Clerk of the Circuit Court of
223	St. Lucie County shall act as secretary and treasurer without
224	right to vote as a member of the board or hold other office
225	thereon without additional compensation for his or her services,
226	exercising all powers and performing all duties as provided by
227	this act. At this meeting, the board shall elect a chair from
228	among their number.
229	Section 4. Compensation.--The members of the board of
230	county commissioners and the employees of said district when
231	traveling outside the boundaries of St. Lucie County whether
232	within or without the state, on official business duly
233	authorized in an open meeting, shall each be reimbursed for the
234	actual transportation expenses paid in accordance with the
235	provisions of section 112.061, Florida Statutes, as it may be
236	amended from time to time. In addition, they shall each be
237	reimbursed for meals and actual lodging expenses paid in
238	accordance with the provisions of section 112.061, Florida
239	Statutes, said traveling expenses to be paid from the funds of
240	said district.
241	Section 5. District Powers.--The governing body of the
242	district (the “governing board” or the “board”) shall have all
243	the powers of a body corporate, including the power to sue and
244	be sued as a corporation in the name of the district in any
245	court; to enter into contracts and purchase goods, supplies,
246	materials, and equipment pursuant to purchasing regulations
247	adopted by the board in accordance with applicable general law;
248	to purchase, hold, lease, and convey such real property as the
249	board may deem proper to carry out the purposes of this action;
250	to employ a director and such experts, agents, and employees as
251	the board may require; to borrow money; to issue negotiable
252	promissory notes and bonds as hereinafter provided; to withdraw
253	and disburse deposited funds of the district to enable it to
254	carry out the provisions of this act; to consider and approve or
255	deny petitions to amend the boundaries of the district; and to
256	carry liability insurance against tort actions and to pay from
257	the appropriate funds of the district the premiums on such
258	insurance. Such insurance may be carried in such amounts and
259	against such risks as the board, in its discretion, decides;
260	however, in consideration of the premium at which each policy
261	shall be written, it shall be a part of the policy contract
262	between the insurance company and the district that the company
263	shall not be entitled to the benefit or the defense of
264	governmental immunity of the district by reason of exercising a
265	governmental function in any suit brought against the district;
266	immunity of the district against liability for damages is waived
267	only to the extent of liability insurance carried by the
268	district; and the Legislature hereby finds and determines that
269	the carrying of liability insurance as provided herein is for a
270	district purpose. In addition to any powers set forth in this
271	act, the district shall likewise exercise such powers,
272	functions, and duties as may be set forth in chapters 189 and
273	388, Florida Statutes, and chapter 5E-13, Florida Administrative
274	Code, as the same may be amended from time to time, including,
275	but not limited to, bond issuance, budget preparation and
276	approval, liens and foreclosure of liens, and contractual
277	agreements. The district may be financed by any method
278	established in this act, chapter 189, Florida Statutes, or
279	chapter 388, Florida Statutes, as the same may be amended from
280	time to time, or any other applicable general or special law.
281	The board shall have those administrative duties set forth in
282	this act and chapters 189 and 388, Florida Statutes, as the same
283	may be amended from time to time.
284	Section 6. Surety Bond.--The Clerk of the Circuit Court of
285	St. Lucie County shall be required by this act to give to the
286	governing board of said district a good and sufficient surety
287	bond in the sum of $10,000 conditioned on his or her faithfully
288	performing the duties of his or her office and well and truly
289	accounting for all moneys of said district coming into his or
290	her custody or control. The premium of said bond shall be paid
291	out of the funds of the district. Said bond shall be approved
292	by the board and shall be filed in the office of the state
293	comptroller.
294	Section 7. Meetings and Quorum.--The board shall determine
295	and fix the time of its meetings pursuant to chapters 189 and
296	388, Florida Statutes, as they may be amended from time to time.
297	Special meetings may be held at the call of the chair or any two
298	members of the board on 24 hours' notice to each member of said
299	board or, if all members are present, a special meeting may,
300	with their consent, be held without notice. Three members of
301	the board shall constitute a quorum to transact business and a
302	majority of members in attendance at any meeting, with the chair
303	voting, shall govern.
304	Section 8. Audits.--The books of said district shall be
305	audited by the same officers and in like manner as the books of
306	county officers pursuant to general law.
307	Section 9. District Budgets; Hearing.--Requirements for
308	the district’s fiscal year and budget shall be as set forth in
309	section 388.201, Florida Statutes, and chapter 5E-13, Florida
310	Administrative Code, as they may be amended from time to time.
311	Section 10. Additional Powers.--The board shall have the
312	power and authority to hold, control, and acquire by gift or
313	purchase for the use of the district any real or personal
314	property and to condemn any lands or easements needed for the
315	purposes of said district. Said board is authorized to exercise
316	the right of eminent domain and institute and maintain
317	condemnation proceedings in the same manner as municipalities
318	under the laws of the state as provided for in chapters 388, 73,
319	and 74, Florida Statutes, and chapter 5E-13, Florida
320	Administrative Code, as they may be amended from time to time.
321	Section 11. Disposal and Packing Rules and
322	Regulations.--Said board shall have the power and authority, by
323	resolution, to prescribe rules and regulations governing the
324	disposal within the district of all cull citrus fruits and
325	vegetables, and packing house and canning plant refuse, which
326	rules and regulations shall be enforced by the duly authorized
327	peace officers of St. Lucie County. Any person, firm, or
328	corporation who violates such rules and regulations shall be
329	punished as provided in the general law for punishment of a
330	misdemeanor.
331	Section 12. Power to do all Things Necessary.--The
332	district is hereby fully authorized to do and perform all things
333	necessary to carry out the intent and purposes of chapter 388,
334	Florida Statutes, and chapter 5E-13, Florida Administrative
335	Code, as they may be amended from time to time.
336	Section 13. Public Nuisance Declaration.--All depressions,
337	marshes, ponds, lakes, lagoons, ditches, and other places in the
338	district wherein mosquitoes and said flies incubate or hatch are
339	hereby declared to be public nuisances, as harmful or inimical
340	to the comfort, health, and welfare of the inhabitants thereof,
341	and to be abated as hereinafter provided.
342	Section 14. Additional Powers.--The board is authorized to
343	cooperate with any board or boards created in adjacent districts
344	or counties for similar purposes. It is authorized to accept
345	donations from individuals or property owners for the purposes
346	of this act. If the board shall determine that the proceeds of
347	the bond issue hereinafter provided for, together with any
348	donations, are sufficient to eliminate mosquito, house fly, sand
349	fly, or other arthropod incubating or breeding areas from the
350	entire district, then the board is authorized to have the
351	election called as hereinafter provided.
352	Section 15. Bonds.--The procedures and requirements
353	governing the issuance of bonds, notes, and other evidences of
354	indebtedness by the district shall be as set forth in this act
355	and chapter 189, Florida Statutes, as the same may be amended
356	from time to time, and any other applicable general or special
357	laws.
358	Section 16. Ad Valorem Taxes.--The district’s current ad
359	valorem levy is hereby confirmed and ratified. The procedures
360	and requirements governing the levy of ad valorem taxes by the
361	district shall be as set forth in this act and section 388.221,
362	Florida Statutes, as the same may be amended from time to time,
363	and any other applicable general or special laws.
364	Section 17. Power to Perform Work.--The board may have any
365	and all work performed by contract with or without
366	advertisement, or without contract, by machinery, equipment, and
367	labor employed directly by the board.
368	Section 18. Damage or Obstruction.--Whoever shall
369	willfully damage any of the property of the district created
370	under this act or any works constructed, maintained, or
371	controlled by said district, or shall obstruct or cause to be
372	obstructed any of the operations of said district, shall be
373	punished as provided in the general law for punishment of a
374	misdemeanor.
375	Section 19. Disclosure and Expenses.--Requirements for
376	financial disclosure, meeting notices, public records
377	maintenance, and per diem expenses for officers and employees
378	shall be as set forth in chapters 112, 119, 189, 286, and 388,
379	Florida Statutes, as the same may be amended from time to time.
380	Section 20. Change in District Boundaries.--
381	(1) Any property owner owning real property within St.
382	Lucie County may petition the board to amend the boundaries of
383	the district to include his or her property. The property owner
384	shall file a petition to amend the district boundaries with the
385	secretary of the board. A petitioner must own property within
386	the area he or she seeks to have added to the district.
387	(2) In reviewing petitions for amendment of the boundaries
388	of the district, the board shall consider whether the property
389	to be included in the district is contiguous to the boundaries
390	of the district or, if the property is not contiguous to the
391	boundaries of the district, whether the property is of such
392	existing or planned development to warrant inclusion in the
393	district.
394	(3) The petition to amend the district boundaries shall be
395	available from the secretary of the board and shall include, but
396	not be limited to, the following information: the petitioner’s
397	name and address, the proposed amendment to the district
398	boundaries, a statement that petitioner owns real property lying
399	within the area he or she seeks to have added to the district, a
400	legal description of the petitioner’s property lying within the
401	area he or she seeks to have added to the district, and a
402	statement describing why the district boundaries should be so
403	amended.
404	(4) When the secretary of the board determines that a
405	completed petition to amend the district boundaries has been
406	filed, he or she shall notify the board so that a public hearing
407	may be set and notice given. Upon notification by the
408	secretary, the board shall place the petition on the agenda of a
409	regular meeting for public hearing. The board shall then
410	publish notice of the public hearing on the petition twice in a
411	newspaper of general circulation in St. Lucie County not more
412	than 30 days or less than 15 days before the date of the
413	hearing, excluding Sundays and legal holidays. A copy of the
414	notice of public hearing shall be available in the office of the
415	secretary of the board during regular business hours.
416	(5) Any time after the publication of notice, any person,
417	upon reasonable request, may examine the petition in question,
418	and any material submitted in support of opposition to the
419	petition, in the office of the secretary of the board during
420	regular office hours. Any person shall be entitled to obtain
421	copies of the petition and other materials upon reasonable
422	request and payment of a fee to cover the actual costs of
423	providing such copies.
424	(6) Any person may appear at the public hearing or may be
425	represented by counsel or agent and may submit documents,
426	materials, and other written or oral testimony either
427	individually or as a representative of an organization.
428	(7) At the time and place specified in the notice of
429	hearing, the board shall conduct a public hearing on the
430	petition. Within a reasonable time after the public hearing,
431	the board shall approve or disapprove the petition. However, if
432	the petition is approved, the property described in the petition
433	may be added to the district only upon approval by a majority
434	vote of qualified electors of the area proposed to be added
435	voting in a referendum called for such purpose.
436	(8) Notification of the results of the referendum shall be
437	mailed to the petitioner, and a copy of the notification shall
438	be filed in the office of the secretary of the board.
439	(9) If the amendment to the district boundaries is
440	approved, the secretary of the board shall file notification of
441	the final decision, including the boundaries as amended, with
442	the Department of Agriculture and Consumer Services and the St.
443	Lucie County Property Appraiser.
444	(10) Ad valorem taxes of property added to the district
445	shall be initially imposed no earlier than January 1 subsequent
446	to the approval of the petition.
447	Section 4. This act shall be construed as remedial and
448	shall be liberally construed to promote the purpose for which it
449	is intended.
450	Section 5. In the event that any part of this act should
451	be held void for any reason, such holding shall not affect any
452	other part thereof.
453	Section 6. Chapters 29502 (1953), 59-1794, 59-1796, 61-
454	2760, 65-2187, 80-598, 87-510, and 96-461, Laws of Florida, are
455	repealed.
456	Section 7. This act shall take effect upon becoming a law.
457