HB 1233 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to St. Lucie County Mosquito Control
13	District; codifying, reenacting, amending, and repealing
14	special acts related to the district; providing a charter;
15	providing boundaries of the district; providing for a
16	governing board and operation of the district in
17	accordance with ch. 388, F.S.; providing for compensation;
18	providing for district powers, functions, and duties;
19	providing a public nuisance declaration; providing bond
20	procedures; providing for ad valorem taxes; providing
21	boundary revision procedures; providing for construction
22	and effect; repealing chapters 29502 (1953), 59-1794, 59-
23	1796, 61-2760, 65-2187, 80-598, 87-510, and 96-461, Laws
24	of Florida; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Pursuant to section 189.429, Florida Statutes,
29	this act constitutes the codification of all special acts
30	relating to the St. Lucie County Mosquito Control District. It
31	is the intent of the Legislature to provide a single,
32	comprehensive special act charter for the district including all
33	current legislative authority granted to the district by its
34	several legislative enactments and any additional authority
35	granted by this act, chapters 189 and 388, Florida Statutes, and
36	chapter 5E-13, Florida Administrative Code, as the same may be
37	amended from time to time. It is further the intent of this act
38	to preserve all district authority.
39	Section 2. Chapters 29502 (1953), 59-1794, 59-1796, 61-
40	2760, 65-2187, 80-598, 87-510, and 96-461, Laws of Florida, are
41	codified, reenacted, amended, and repealed as provided herein.
42	Section 3. The St. Lucie County Mosquito Control District
43	is re-created and the charter is re-created and reenacted to
44	read:
45	Section 1. District boundaries.--A special taxing
46	district, lying wholly in St. Lucie County, to be known as the
47	St. Lucie County Mosquito Control District, is described as
48	follows:
49	Beginning at the Northeast corner of Section 3,
50	Township 34 South, Range 40 East; thence West to the
51	Northwest corner of Section 3, Township 34 South,
52	Range 38 East; thence South to the Southwest corner of
53	Section 34, Township 34 South, Range 38 East; thence
54	East to the Southwest corner of Section 36, Township
55	34 South, Range 38 East; thence South to the Southeast
56	corner of Northeast ¼ of Section 11, Township 36
57	South, Range 38 East; thence West to the Northwest
58	corner of the Southeast ¼ of Section 11, Township 36
59	South, Range 38 East; thence South to the Southwest
60	corner of the Southeast ¼ of Section 11, Township 36
61	South, Range 38 East; thence East to the Southwest
62	corner of Section 10, Township 36 South, Range 39
63	East; thence South to the Southwest corner of Section
64	34, Township 37 South, Range 39 East; thence East to
65	the Southeast corner of Section 36, Township 37 South,
66	Range 40 East; thence North to the Southwest corner of
67	Section 7, Township 37 South, Range 41 East; thence
68	East following the Section lines to the water’s edge
69	of the Atlantic Ocean; thence meandering said water’s
70	edge Northwesterly to the point of beginning.
71	AND
72	A parcel of land of land lying in Sections 4, 5, 8, 9,
73	10, 16 and 17, Township 37 South, Range 39 East, and
74	Section 33, Township 36 South, Range 39 East, St.
75	Lucie County, Florida, said parcel being more
76	particularly described as follows:
77	Begin at the intersection of the centerline of Gatlin
78	Boulevard (also being the north line of Section 15)
79	and the westerly limits of Gatlin Boulevard Right-of-
80	Way and the westerly limits of those lands described
81	in an Order of Taking dated July 24, 1979 and recorded
82	in Official Record Book 311 at Pages 2946 through
83	2952, inclusive, Public Records of St. Lucie County,
84	Florida, and as shown on the Florida Department of
85	Transportation Right-of-Way maps for State Road #9.
86	(I-95), Section 94001-2412, dated 6/2/77, with last
87	revision of 9/11/79; thence South 89 degrees 57
88	minutes 05 seconds West, a distance of 7702.12 feet;
89	thence South 00 degrees 05 minutes 46 seconds West, a
90	distance of 757.53 feet; thence South 89 degrees 57
91	minutes 43 seconds West, a distance of 1159.20 feet;
92	thence North 00 degrees 40 minutes 03 seconds East, a
93	distance of 152.60 feet; thence North 54 degrees 52
94	minutes 19 seconds East, a distance of 153.89 feet;
95	thence North 11 degrees 24 minutes 07 seconds East, a
96	distance of 156.51 feet; thence North 14 degrees 02
97	minutes 38 seconds West, a distance of 439.20 feet; to
98	the beginning of a curve concave southerly, having a
99	radius of 200.00 feet and a central angle of 130
100	degrees 29 minutes 58 seconds, thence northerly,
101	westerly and finally southerly along the arc of said
102	curve to the left, a distance of 455.53 feet to the
103	curves end; thence South 35 degrees 27 minutes 24
104	seconds West, a distance of 161.00 feet; thence South
105	89 degrees 57 minutes 05 seconds West, a distance of
106	1118.66 feet; thence North 43 degrees 15 minutes 34
107	seconds West, a distance of 1.86 feet; thence North 09
108	degrees 54 minutes 33 seconds East, a distance of
109	528.17 feet; thence North 62 degrees 56 minutes 57
110	seconds East, a distance of 710.69 feet; thence North
111	39 degrees 35 minutes 38 seconds West, a distance of
112	373.81 feet; thence South 80 degrees 50 minutes 18
113	seconds West, a distance of 92.33 feet; thence North
114	00 degrees 09 minutes 21 seconds East, A distance of
115	4587.82 feet; to the southeasterly line of Grove No.
116	3, as recorded in O.R. Book 383, at Page 1059, St.
117	Lucie County Public Records (Special Warranty Deed
118	from A. Duda & Sons, Inc. to D & M Indian River
119	Groves) thence along said southerly and easterly line
120	of Grove No. 3 the following courses and distances:
121	North 74 degrees 07 minutes 42 seconds East, a
122	distance of 3624.15 feet; thence North 02 degrees 40
123	minutes 30 seconds West; a distance of 853.63 feet;
124	thence North 03 degrees 34 minutes 36 seconds East, a
125	distance of 264.67 feet; thence North 11 degrees 39
126	minutes 14 seconds East, a distance of 299.59 feet;
127	thence North 05 degrees 52 minutes 55 seconds East, a
128	distance of 655.21 feet; thence North 13 degrees 31
129	minutes 07 seconds East, a distance of 422.94 feet;
130	thence departing said Grove No. 3, continue North 13
131	degrees 31 minutes 07 seconds East, a distance of
132	51.88 feet; thence North 74 degrees 14 minutes 30
133	seconds East; a distance of 2525.46 feet; thence North
134	76 degrees 04 minutes 00 seconds East, a distance of
135	1244.50 feet; thence North 65 degrees 11 minutes 40
136	seconds East, a distance of 178.59 feet; thence North
137	59 degrees 06 minutes 39 seconds East, a distance of
138	424.13 feet; thence North 73 degrees 43 minutes 15
139	seconds East, a distance of 14.12 feet; thence South
140	50 degrees 55 minutes 52 seconds East, a distance of
141	7.43 feet; thence North 56 degrees 01 minutes 38
142	seconds East, a distance of 31.64 feet; thence North
143	33 degrees 56 minutes 01 seconds East, a distance of
144	30.15 feet; thence North 54 degrees 34 minutes 18
145	seconds East, a distance of 298.73 feet; thence North
146	85 degrees 53 minutes 58 seconds East, a distance of
147	132.02 feet; thence North 70 degrees 54 minutes 26
148	seconds East, a distance of 143.67 feet; thence North
149	56 degrees 25 minutes 29 seconds East, a distance of
150	121.35 feet; thence North 66 degrees 21 minutes 07
151	seconds East, a distance of 557.84 feet; thence South
152	00 degrees 35 minutes 12 seconds West along the
153	northerly prolongation of the East line of the
154	northeast quarter of said Section 4, a distance of
155	271.44 feet to the northeast corner of Section 4;
156	thence continue South 00 degrees 35 minutes 12 seconds
157	West, along the East line of said Section 4, a
158	distance of 2833.04 feet to the East quarter corner of
159	said Section 4; thence South 00 degrees 36 minutes 27
160	seconds West, a distance of 2651.97 feet to the
161	northwest corner of Section 10; thence North 89
162	degrees 54 minutes 10 seconds East along the North
163	line of said Section 10, a distance of 1793.84 feet;
164	to a point of intersection with the westerly Right-of-
165	Way line of said I-95 and the said westerly line of
166	the lands described in the Order of Taking dated July
167	24, 1979 and recorded in Official Record Book 311 at
168	Pages 2946 through 2952, inclusive, and with a non-
169	tangent curve, concave easterly, having a radius of
170	5983.58 feet and central angle of 23 degrees 41
171	minutes 41 seconds, thence along the westerly line of
172	said I-95 Right-of-Way and along the said westerly
173	line of the lands described in the Order of Taking,
174	dated July 24, 1979, the following courses and
175	distance: thence southerly along the arc of said curve
176	to the left, a distance of 2474.52 feet, said arc
177	subtended by a chord which bears South 06 degrees 56
178	minutes 28 seconds East, a distance of 2456.92 feet to
179	the curves end; thence South 18 degrees 47 minutes 19
180	seconds East, a distance of 714.03 feet; thence South
181	14 degrees 47 minutes 19 seconds East, a distance of
182	510.88 feet; thence South 07 degrees 32 minutes 07
183	seconds East, a distance of 374.37 feet; thence South
184	06 degrees 58 minutes 16 seconds West, a distance of
185	373.49 feet; thence South 15 degrees 33 minutes 28
186	seconds West, a distance of 491.49 feet; thence South
187	34 degrees 39 minutes 50 seconds West, a distance of
188	207.78 feet; thence South 70 degrees 02 minutes 50
189	seconds West, a distance of 289.50 feet; thence South
190	00 degrees 01 minutes 45 seconds West, a distance of
191	64.09 feet; thence South 82 degrees 24 minutes 53
192	seconds West, a distance of 317.56 feet; thence North
193	89 degrees 58 minutes 15 seconds West, a distance of
194	372.63 feet; thence North 89 degrees 58 minutes 15
195	seconds West, a distance of 262.61 feet; thence South
196	00 degrees 01 minutes 45 seconds West, a distance of
197	100.00 feet, to the Point of Beginning.
198	AND
199	A parcel of land of land lying in Section 16, 20, 21,
200	28, 29 and 33, Township 36 South, Range 39 East, St.
201	Lucie County, Florida, said parcel being more
202	particularly described as follows:
203	Begin at the intersection of the Southeasterly right
204	of way line of the FEC Railroad and the Northeasterly
205	right of way line of the SFWMD Canal C-24; thence
206	Southeasterly along said Northeasterly right of way
207	line of the C-24 to the intersection of the East Line
208	of Section 33, Township36 South, Range 39 East; thence
209	North along the East line of Sections 33, 28, 21 AND
210	16, Township 36 South, Range 39 East to the
211	intersection of the Southeasterly right of way line of
212	the FEC Railroad; thence Southwesterly along said
213	Southeasterly right of way line to the Point of
214	Beginning.
215	Section 2. Establishment; District Formation Ratified,
216	Restated, and Approved.--—
217	(1) The district, a dependent special district, is
218	established for all purposes set forth in this act, chapters 189
219	and 388, Florida Statutes, and chapter 5E-13, Florida
220	Administrative Code, as the same may be amended from time to
221	time. This charter may be amended only by special act of the
222	Legislature.
223	(2) The St. Lucie County Mosquito Control District, as
224	initially established pursuant to chapter 29502 (1953), Laws of
225	Florida, and thereafter amended as provided by special acts of
226	the Legislature, is ratified, confirmed, and approved.
227	Section 3. Governing Board.--The governing body of the St.
228	Lucie County Mosquito Control District (the “district”) shall be
229	the members of the Board of County Commissioners of St. Lucie
230	County. As soon as practicable after the County Commissioners
231	of St. Lucie County have assumed office, the commissioners shall
232	meet to organize as the governing board of the St. Lucie County
233	Mosquito Control District. The Clerk of the Circuit Court of
234	St. Lucie County shall act as secretary and treasurer without
235	right to vote as a member of the board or hold other office
236	thereon without additional compensation for his or her services,
237	exercising all powers and performing all duties as provided by
238	this act. At this meeting, the board shall elect a chair from
239	among their number.
240	Section 4. Compensation.--The members of the board of
241	county commissioners and the employees of said district when
242	traveling outside the boundaries of St. Lucie County whether
243	within or without the state, on official business duly
244	authorized in an open meeting, shall each be reimbursed for the
245	actual transportation expenses paid in accordance with the
246	provisions of section 112.061, Florida Statutes, as it may be
247	amended from time to time. In addition, they shall each be
248	reimbursed for meals and actual lodging expenses paid in
249	accordance with the provisions of section 112.061, Florida
250	Statutes, said traveling expenses to be paid from the funds of
251	said district.
252	Section 5. District Powers.--The governing body of the
253	district (the “governing board” or the “board”) shall have all
254	the powers of a body corporate, including the power to sue and
255	be sued as a corporation in the name of the district in any
256	court; to enter into contracts and purchase goods, supplies,
257	materials, and equipment pursuant to purchasing regulations
258	adopted by the board in accordance with applicable general law;
259	to purchase, hold, lease, and convey such real property as the
260	board may deem proper to carry out the purposes of this action;
261	to employ a director and such experts, agents, and employees as
262	the board may require; to borrow money; to issue negotiable
263	promissory notes and bonds as hereinafter provided; to withdraw
264	and disburse deposited funds of the district to enable it to
265	carry out the provisions of this act; to consider and approve or
266	deny petitions to amend the boundaries of the district; and to
267	carry liability insurance against tort actions and to pay from
268	the appropriate funds of the district the premiums on such
269	insurance. Such insurance may be carried in such amounts and
270	against such risks as the board, in its discretion, decides;
271	however, in consideration of the premium at which each policy
272	shall be written, it shall be a part of the policy contract
273	between the insurance company and the district that the company
274	shall not be entitled to the benefit or the defense of
275	governmental immunity of the district by reason of exercising a
276	governmental function in any suit brought against the district;
277	immunity of the district against liability for damages is waived
278	only to the extent of liability insurance carried by the
279	district; and the Legislature hereby finds and determines that
280	the carrying of liability insurance as provided herein is for a
281	district purpose. In addition to any powers set forth in this
282	act, the district shall likewise exercise such powers,
283	functions, and duties as may be set forth in chapters 189 and
284	388, Florida Statutes, and chapter 5E-13, Florida Administrative
285	Code, as the same may be amended from time to time, including,
286	but not limited to, bond issuance, budget preparation and
287	approval, liens and foreclosure of liens, and contractual
288	agreements. The district may be financed by any method
289	established in this act, chapter 189, Florida Statutes, or
290	chapter 388, Florida Statutes, as the same may be amended from
291	time to time, or any other applicable general or special law.
292	The board shall have those administrative duties set forth in
293	this act and chapters 189 and 388, Florida Statutes, as the same
294	may be amended from time to time.
295	Section 6. Surety Bond.--The Clerk of the Circuit Court of
296	St. Lucie County shall be required by this act to give to the
297	governing board of said district a good and sufficient surety
298	bond in the sum of $10,000 conditioned on his or her faithfully
299	performing the duties of his or her office and well and truly
300	accounting for all moneys of said district coming into his or
301	her custody or control. The premium of said bond shall be paid
302	out of the funds of the district. Said bond shall be approved
303	by the board and shall be filed in the office of the state
304	comptroller.
305	Section 7. Meetings and Quorum.--The board shall determine
306	and fix the time of its meetings pursuant to chapters 189 and
307	388, Florida Statutes, as they may be amended from time to time.
308	Special meetings may be held at the call of the chair or any two
309	members of the board on 24 hours' notice to each member of said
310	board or, if all members are present, a special meeting may,
311	with their consent, be held without notice. Three members of
312	the board shall constitute a quorum to transact business and a
313	majority of members in attendance at any meeting, with the chair
314	voting, shall govern.
315	Section 8. Audits.--The books of said district shall be
316	audited by the same officers and in like manner as the books of
317	county officers pursuant to general law.
318	Section 9. District Budgets; Hearing.--Requirements for
319	the district’s fiscal year and budget shall be as set forth in
320	section 388.201, Florida Statutes, and chapter 5E-13, Florida
321	Administrative Code, as they may be amended from time to time.
322	Section 10. Additional Powers.--The board shall have the
323	power and authority to hold, control, and acquire by gift or
324	purchase for the use of the district any real or personal
325	property and to condemn any lands or easements needed for the
326	purposes of said district. Said board is authorized to exercise
327	the right of eminent domain and institute and maintain
328	condemnation proceedings in the same manner as municipalities
329	under the laws of the state as provided for in chapters 388, 73,
330	and 74, Florida Statutes, and chapter 5E-13, Florida
331	Administrative Code, as they may be amended from time to time.
332	Section 11. Disposal and Packing Rules and
333	Regulations.--Said board shall have the power and authority, by
334	resolution, to prescribe rules and regulations governing the
335	disposal within the district of all cull citrus fruits and
336	vegetables, and packing house and canning plant refuse, which
337	rules and regulations shall be enforced by the duly authorized
338	peace officers of St. Lucie County. Any person, firm, or
339	corporation who violates such rules and regulations shall be
340	punished as provided in the general law for punishment of a
341	misdemeanor.
342	Section 12. Power to do all Things Necessary.--The
343	district is hereby fully authorized to do and perform all things
344	necessary to carry out the intent and purposes of chapter 388,
345	Florida Statutes, and chapter 5E-13, Florida Administrative
346	Code, as they may be amended from time to time.
347	Section 13. Public Nuisance Declaration.--All depressions,
348	marshes, ponds, lakes, lagoons, ditches, and other places in the
349	district wherein mosquitoes and said flies incubate or hatch are
350	hereby declared to be public nuisances, as harmful or inimical
351	to the comfort, health, and welfare of the inhabitants thereof,
352	and to be abated as hereinafter provided.
353	Section 14. Additional Powers.--The board is authorized to
354	cooperate with any board or boards created in adjacent districts
355	or counties for similar purposes. It is authorized to accept
356	donations from individuals or property owners for the purposes
357	of this act. If the board shall determine that the proceeds of
358	the bond issue hereinafter provided for, together with any
359	donations, are sufficient to eliminate mosquito, house fly, sand
360	fly, or other arthropod incubating or breeding areas from the
361	entire district, then the board is authorized to have the
362	election called as hereinafter provided.
363	Section 15. Bonds.--The procedures and requirements
364	governing the issuance of bonds, notes, and other evidences of
365	indebtedness by the district shall be as set forth in this act
366	and chapter 189, Florida Statutes, as the same may be amended
367	from time to time, and any other applicable general or special
368	laws.
369	Section 16. Ad Valorem Taxes.--The district’s current ad
370	valorem levy is hereby confirmed and ratified. The procedures
371	and requirements governing the levy of ad valorem taxes by the
372	district shall be as set forth in this act and section 388.221,
373	Florida Statutes, as the same may be amended from time to time,
374	and any other applicable general or special laws.
375	Section 17. Power to Perform Work.--The board may have any
376	and all work performed by contract with or without
377	advertisement, or without contract, by machinery, equipment, and
378	labor employed directly by the board.
379	Section 18. Damage or Obstruction.--Whoever shall
380	willfully damage any of the property of the district created
381	under this act or any works constructed, maintained, or
382	controlled by said district, or shall obstruct or cause to be
383	obstructed any of the operations of said district, shall be
384	punished as provided in the general law for punishment of a
385	misdemeanor.
386	Section 19. Disclosure and Expenses.--Requirements for
387	financial disclosure, meeting notices, public records
388	maintenance, and per diem expenses for officers and employees
389	shall be as set forth in chapters 112, 119, 189, 286, and 388,
390	Florida Statutes, as the same may be amended from time to time.
391	Section 20. Change in District Boundaries.--
392	(1) Any property owner owning real property within St.
393	Lucie County may petition the board to amend the boundaries of
394	the district to include his or her property. The property owner
395	shall file a petition to amend the district boundaries with the
396	secretary of the board. A petitioner must own property within
397	the area he or she seeks to have added to the district.
398	(2) In reviewing petitions for amendment of the boundaries
399	of the district, the board shall consider whether the property
400	to be included in the district is contiguous to the boundaries
401	of the district or, if the property is not contiguous to the
402	boundaries of the district, whether the property is of such
403	existing or planned development to warrant inclusion in the
404	district.
405	(3) The petition to amend the district boundaries shall be
406	available from the secretary of the board and shall include, but
407	not be limited to, the following information: the petitioner’s
408	name and address, the proposed amendment to the district
409	boundaries, a statement that petitioner owns real property lying
410	within the area he or she seeks to have added to the district, a
411	legal description of the petitioner’s property lying within the
412	area he or she seeks to have added to the district, and a
413	statement describing why the district boundaries should be so
414	amended.
415	(4) When the secretary of the board determines that a
416	completed petition to amend the district boundaries has been
417	filed, he or she shall notify the board so that a public hearing
418	may be set and notice given. Upon notification by the
419	secretary, the board shall place the petition on the agenda of a
420	regular meeting for public hearing. The board shall then
421	publish notice of the public hearing on the petition twice in a
422	newspaper of general circulation in St. Lucie County not more
423	than 30 days or less than 15 days before the date of the
424	hearing, excluding Sundays and legal holidays. A copy of the
425	notice of public hearing shall be available in the office of the
426	secretary of the board during regular business hours.
427	(5) Any time after the publication of notice, any person,
428	upon reasonable request, may examine the petition in question,
429	and any material submitted in support of opposition to the
430	petition, in the office of the secretary of the board during
431	regular office hours. Any person shall be entitled to obtain
432	copies of the petition and other materials upon reasonable
433	request and payment of a fee to cover the actual costs of
434	providing such copies.
435	(6) Any person may appear at the public hearing or may be
436	represented by counsel or agent and may submit documents,
437	materials, and other written or oral testimony either
438	individually or as a representative of an organization.
439	(7) At the time and place specified in the notice of
440	hearing, the board shall conduct a public hearing on the
441	petition. Within a reasonable time after the public hearing,
442	the board shall approve or disapprove the petition. However, if
443	the petition is approved, the property described in the petition
444	may be added to the district only upon approval by a majority
445	vote of qualified electors of the area proposed to be added
446	voting in a referendum called for such purpose.
447	(8) Notification of the results of the referendum shall be
448	mailed to the petitioner, and a copy of the notification shall
449	be filed in the office of the secretary of the board.
450	(9) If the amendment to the district boundaries is
451	approved, the secretary of the board shall file notification of
452	the final decision, including the boundaries as amended, with
453	the Department of Agriculture and Consumer Services and the St.
454	Lucie County Property Appraiser.
455	(10) Ad valorem taxes of property added to the district
456	shall be initially imposed no earlier than January 1 subsequent
457	to the approval of the petition.
458	Section 4. This act shall be construed as remedial and
459	shall be liberally construed to promote the purpose for which it
460	is intended.
461	Section 5. In the event that any part of this act should
462	be held void for any reason, such holding shall not affect any
463	other part thereof.
464	Section 6. Chapters 29502 (1953), 59-1794, 59-1796, 61-
465	2760, 65-2187, 80-598, 87-510, and 96-461, Laws of Florida, are
466	repealed.
467	Section 7. This act shall take effect upon becoming a law.
468
469