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31	codified, reenacted, amended, and repealed as provided herein.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