Bill Text: HB 1449

HB 1449

2003

CHAMBER ACTION

The Committee on Judiciary recommends the following:

Committee Substitute

Remove the entire bill and insert:

A bill to be entitled

An act relating to Indian River and Brevard Counties;

codifying, amending, and reenacting special acts relating

to the Sebastian Inlet Tax District, an independent

special district; providing for a governing body;

providing powers and duties; providing for construction

and maintenance of an inlet between the Indian River and

the Atlantic Ocean; authorizing the levy of taxes;

providing severability; repealing chapters 7976 (1919),

8901 (1921), 12259 (1927), 18138 (1937), 18139 (1937),

22891 (1945), 63-910, 76-329, 78-470, 82-307, and 88-535,

Laws of Florida; providing an effective date.

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

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the Sebastian Inlet Tax District, also known as the

Sebastian Inlet District. It is the intent of the Legislature in

enacting this law to provide a single, comprehensive special act

charter for the district, including all current legislative

authority granted to the district by its several legislative

enactments and any additional authority granted by this act.

Section 2. Chapters 7976 (1919), 8901 (1921), 12259

(1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910, 76-

329, 78-470, 82-307, and 88-535, Laws of Florida, are codified,

reenacted, amended, and repealed as herein provided.

Section 3. The Sebastian Inlet Tax District is reenacted,

and the charter for the district is re-created and reenacted to

read:

Section 1. A special taxing district is hereby created to

be known as the Sebastian Inlet Tax District, an independent

special district, to consist so much of Brevard and Indian River

Counties, Florida as is described and embraced in the following

boundaries, to-wit:

All of the Third Commissioner's District of Brevard

County and that part of the Fourth Commissioner's

District of Brevard County, Florida, bounded on the north

by the township line between Township Twenty-five(25) ,

and Township Twenty-six (26) and all of that part of

Indian River County, Florida, which comprised and made up

the First Commissioner's District of Saint Lucie County,

Florida, as located and established upon the passage of

Chapter 7976, Laws of Florida, Special Acts of 1919

aforesaid.

Section 2. A governing body of said Sebastian Inlet Tax

District, to be known and designated as the "Board of

Commissioners of Sebastian Inlet Tax District," shall be

composed of five members, who shall have been and shall be

elected as provided by law. Said governing body shall have all

the powers of a body corporate, including the power to sue and

be sued as a corporation in said name in any court; to contract;

to adopt and use a common seal and alter the same at pleasure;

to purchase or otherwise acquire, own, hold, lease, sell,

mortgage, and convey or otherwise dispose of such real estate

and personal property as said Board may deem proper to carry out

the purposes of this act; to appoint during its pleasure a Chief

Engineer, a Consulting Engineer, and such agents and employees

as said Board may require or deem advisable; and to borrow money

and to issue negotiable promissory notes or bonds therefor to

enable it to carry out the provisions of this act.

Section 3. (a) Members of the Board shall be elected at

the general election held in November of each even-numbered

year. The terms of office of such Board members shall be for 4

years and until their successors are duly elected and qualified.

Each member shall be a qualified elector and resident within the

District; however, three members, or a majority, of the Board

shall reside in the county within the District's boundaries with

the larger population. Two members shall reside in the other

county. All candidates for office shall stand for election in

all precincts of the District.

1. The terms of the Board members shall be staggered, with

three Board members standing for election in one general

election for a 4-year term, and two Board members shall be

elected 2 years later at the general election for a 4-year term.

2. Newly elected Board members shall take office at the

next regularly scheduled meeting of the Board, or, if that

meeting is not planned within 30 days after the election, then a

special meeting shall be called for the purpose of seating the

new members of the Board and providing them with an orientation.

(b) Board members shall be elected on a nonpartisan basis

by a majority of the qualified electors of the District voting

at the election to be held in both Indian River and Brevard

Counties as follows:

1. Any candidate for membership on the Board shall qualify

as provided by law. The ballots shall be in the form for

general elections as provided by law.

2. The election officials of each voting district or

100

precinct within the Sebastian Inlet Tax District shall conduct

101

the election of the members of the Board of Commissioners of the

102

District at the time of conducting such general election. Each

103

voter who is qualified to vote in each such general election in

104

the respective election districts or precincts situated within

105

the boundaries of the Sebastian Inlet Tax District and who

106

resides within the boundaries of such District shall be entitled

107

to cast a ballot for the election of members of the Board of

108

Commissioners of said Sebastian Inlet Tax District.

109

3. Upon the closing of the polls in each election district

110

or precinct, the officials conducting such elections shall tally

111

the votes cast for members of the Board of Commissioners of the

112

Sebastian Inlet Tax District. The vote shall be canvassed in the

113

manner provided by general law.

114

115

shall be required to give to the Sebastian Inlet Tax District a

116

good and sufficient surety bond in the sum of $2,000 conditioned

117

for the faithful performance of the duties of his or her office

118

and said bond to be approved by and filed with the Clerk of the

119

Circuit Court of Brevard County. Said bond shall be recorded in

120

the minutes of said Board of Commissioners of said Sebastian

121

Inlet Tax District. The failure of any person so elected as a

122

member of the Board of Commissioners of the Sebastian Inlet Tax

123

District to give such bond within 30 days after his or her

124

election as such shall create a vacancy as to such Board member.

125

In such event or in the event of any vacancy on said Board of

126

Commissioners of the Sebastian Inlet Tax District, whether by

127

resignation, death, removal from the District, or otherwise,

128

within 30 days after the existence of such vacancy, the Governor

129

of the State of Florida shall appoint a Board member as provided

130

by law to fill such vacancy, who shall serve for the remainder

131

of such expired term and who shall give bond as hereinbefore

132

provided.

133

(d) All meetings shall be open to the public. The Board

134

shall conduct all meetings in accordance with chapter 286,

135

Florida Statutes. In addition, notice of the meetings shall be

136

sent to the news media at least 7 days in advance, stating the

137

time, date, location, and purpose of the meeting. A majority of

138

the members may convene in special session when called by a

139

majority of the members or the chair. Actions taken at special

140

meetings shall have the same force and effect as if taken at a

141

regular meeting. Two days' written notice of the time and

142

purpose of a special meeting shall be given to all members and

143

the news media. The minutes of the meeting shall set forth the

144

facts regarding the procedure in calling the meeting and the

145

reason therefor and shall be signed either by the chair or by a

146

majority of the members. Upon due public notice, regular or

147

special meetings of the Board shall be held at any appropriate

148

public place in the District which is readily accessible to the

149

general public; however, at least 50 percent of the number of

150

meetings of the Board held each year shall be held in Indian

151

River County.

152

(e) All bookkeeping and accounting of the District shall

153

meet the requirements imposed by law for special districts.

154

(f) All purchasing and bidding shall be in accordance with

155

the procedures used by the Brevard County Board of

156

Commissioners.

157

Section 4. As soon as practicable after this act becomes a

158

law, the Board holding over or after they have been duly elected

159

or appointed and have qualified, they shall meet and organized

160

by the election, from among their number, of a chair, a vice-

161

chair, a secretary/treasurer. Three members of the Board shall

162

constitute a quorum. The affirmative vote of two members shall

163

be necessary to transact business. The chair and all members of

164

the said Board present shall vote at meetings of the Board as

165

provided by law.

166

Section 5. The members of the Board shall each receive the

167

sum of $3,600 per year commencing October 1, 2003. The salary

168

shall be paid in monthly installments as compensation for

169

serving on the Board, but Board members shall not be reimbursed

170

for any travel expenses inside the boundaries of the District.

171

The members of the Board shall be reimbursed for per diem and

172

travel expenses outside the boundaries of the District in

173

accordance with the law.

174

The members of the Board shall set their own compensation

175

for each fiscal year commencing October 1, 2004, provided the

176

Board shall not increase its members’ compensation for any

177

fiscal year by a percentage greater than the percentage the

178

Consumer Price Index for Urban Wage Earners and Clerical Workers

179

(CPI-W) increased from the date of the commencement of the

180

fiscal year when the Board members last received an increase in

181

their compensation. In the event the U.S. Department of Labor no

182

longer publishes the Consumer Price Index, the Board must use a

183

similar published standard to set any increase in its

184

compensation.

185

Section 6. It shall be the duty of said Board of

186

Commissioners of Sebastian Inlet Tax District to construct,

187

improve, widen or deepen, and maintain the inlet between the

188

Indian River and the Atlantic Ocean. With character, manner of

189

construction of said inlet shall be determined by said Board of

190

Commissioners with the approval and recommendation of the Chief

191

Engineer, and said Board is further authorized to do all acts

192

and things proper, necessary, or convenient for the aforesaid

193

purposes. The opening and maintenance of such inlet or waterway

194

connecting the waters of the Atlantic Ocean with the waters of

195

the Indian River within the Sebastian Inlet Tax District are

196

hereby found and declared to be for public purposes and to be

197

necessary for the use of shipping and for transportation and for

198

the extension of commerce of the State of Florida and of said

199

District, and also to be necessary for the maintenance of the

200

health of the inhabitants of the territory embraced in the said

201

District and for the convenience, comfort, and welfare of the

202

said District and the inhabitants thereof. The District is

203

authorized to conduct such programs and projects as it finds

204

necessary or convenient for beach renourishment, erosion

205

control, environmental protection, navigation, boating,

206

recreation, and public safety for the operation and maintenance

207

of the inlet and the waters of the Atlantic Ocean and Indian

208

River Lagoon adjacent thereto.

209

Section 7. The Board shall elect a Chief Engineer. The

210

depth, width, character, and manner of improvement and

211

construction of said inlet or waterway shall be determined by

212

said Board upon the approval and recommendation of the Chief

213

Engineer of the Board. The Board, in setting the depth of the

214

inlet, shall consider the impact on navigation from the

215

Intracoastal Waterway to the Atlantic Ocean.

216

Section 8. The said Board shall have the power and

217

authority to hold, control, and acquire by gift or purchase, for

218

the use of the District, any real or personal property and to

219

condemn any lands or easements needed for the purposes of the

220

District. Said Board is authorized to exercise the right of

221

eminent domain and institute and maintain condemnation

222

proceedings as prescribed by the laws of Florida.

223

Section 9. The Board of Commissioners of Sebastian Inlet

224

Tax District is hereby authorized and empowered to levy upon all

225

of the real and personal taxable property in said District a

226

special tax not exceeding 1 1/2 mills on the dollar for the year

227

1977, and for each and every year thereafter, to be used solely

228

for the purpose authorized and prescribed by this act. Said levy

229

shall be made each year, not later than September 30 of each

230

year by resolution of the Board, or a majority thereof, duly

231

entered at large upon its minutes. Certified copies of such

232

resolution executed in the name of the Board by its chair and

233

secretary and under its corporate seal shall be made and

234

delivered to the Board of County Commissioners of Indian River

235

County, to the Board of County Commissioners of Brevard County,

236

and to the Chief Financial Officer of the State of Florida not

237

later than September 30 of each and every year thereafter. It

238

shall be the duty of the Board of County Commissioners of Indian

239

River County and the Board of County Commissioners of Brevard

240

County to order the assessment and collection of taxes levied by

241

the Board of Commissioners of the District within the respective

242

counties in the manner provided by law for regular property

243

taxes in the county. Proceeds of such taxes shall be paid within

244

the time and in the manner prescribed by law to the treasurer of

245

the Board. All such taxes shall be held by the treasurer for

246

the credit of the Board and paid out by him or her as provided

247

herein.

248

Section 10. Said Board is hereby authorized and empowered,

249

in order to provide for the work prescribed by this act and to

250

pay the expenses incident to all such work or any other expense

251

necessary in carrying out the general purposes of this act, to

252

borrow money, temporarily, from time to time for a period of

253

time not exceeding 2 years at any one time, and to issue its

254

promissory notes therefor upon such terms and at such rates of

255

interest as said Board may deem advisable. Any note so made and

256

issued may be paid out of the proceeds of the bonds authorized

257

to be issued by this act or out of any other revenues or funds

258

of said Board, and said notes shall be a charge upon all of the

259

revenue and property of said Board. In case of an injury by

260

storm or otherwise to any of the works of this District, thereby

261

causing an emergency which must be met at once in order to

262

protect or reconstruct such works, said Board is authorized to

263

borrow money under the terms prescribed above in order to meet

264

such emergency.

265

Section 11. All work done under the provisions of this

266

act, both in construction and maintenance, shall be carried on

267

under the supervision of a competent Chief Engineer to be

268

employed by said Board, and no money shall be paid out for any

269

such work to any contractor or subcontractor until such work has

270

been inspected and approved by the Board's Chief Engineer.

271

Section 12. It shall be the duty of the Board of

272

Commissioners of Sebastian Inlet Tax District to use every

273

reasonable means to maintain, protect, and preserve any and all

274

of the works constructed by said Board, and for such purposes

275

the said Board is authorized to use funds derived from taxes

276

assessed and collected for Sebastian Inlet Tax District.

277

Section 13. Whoever shall willfully damage any ditch,

278

canal, levee, inlet, waterway, jetty, or other work established

279

or constructed under this act or who shall fill in or obstruct

280

the flow of water in any inlet, canal, or waterway, or remove

281

any earth, stone, or other material from the banks of any canal,

282

inlet, waterway, revetment, or ditch without having first

283

obtained permission in writing from said Board to remove such

284

material, shall be deemed guilty of a misdemeanor, and upon

285

conviction thereof, shall be fined not exceeding $1,000 or

286

imprisoned in the county jail not longer than 6 months, or both

287

such fine and imprisonment, in the discretion of the Court.

288

Section 14. Any clause or section of this act which for

289

any reason may be declared invalid may be eliminated from this

290

act, and the remaining portion or portions shall be and remain

291

in full force and valid as if such invalid clause or section had

292

not been incorporated therein.

293

Section 15. The Chief Engineer, any Consulting Engineer,

294

and any agent or employee of the Board of Commissioners or

295

District may be removed at any time by the Board.

296

Section 16. All work performed and materials furnished for

297

the construction of said inlet and for the maintenance of said

298

inlet shall be let by contract in accordance with the general

299

laws of the State of Florida governing acquisition of

300

professional engineering services, the purchase of commodities,

301

and the construction and maintenance of public works. The Board

302

shall have the right to reject any and all bids. Each contractor

303

shall be required to give a surety bond in form and amount to be

304

approved by the Board, with a responsible surety company thereon

305

as surety. The Board, however, as a public authority, is

306

authorized to exempt any person entering into a contract with

307

the District for the construction of any buildings or public

308

works, or for the repair of any buildings or public works, from

309

the requirements for payment, performance, and surety bonds in

310

the manner and the amounts which are authorized by law for other

311

public authorities to exempt their contractors from bond

312

requirements.

313

In the event of an emergency, the Board of Commissioners of

314

Sebastian Inlet Tax District is authorized to spend a sum not to

315

exceed $15,000, utilizing the following procedure:

316

(a) The Board shall obtain at least three telephone bid

317

offers to perform such work or furnish such property from at

318

least three independent persons or business entities responsible

319

in the subject business endeavor under consideration; and

320

(b) The Board shall make a record of the offers. After

321

obtaining and recording such offers, the Board, with at least

322

three of five members concurring, shall award the contract to

323

the lowest responsible bidder of those solicited. The Board

324

shall then notify all local news media which commonly cover the

325

area within the District of the type and nature of the emergency

326

and what actions the Board has taken to rectify the emergency.

327

Section 17. The Board is authorized to vacate any easement

328

or transfer fee simple interest in any real property which it

329

holds to any unit of local, state, or federal government. Prior

330

to such vacation or transfer, the Board shall conduct a public

331

hearing and determine if it is in the public interest to

332

authorize the vacation or transfer. At such hearing, the Board

333

shall consider what effect, if any, the vacation or transfer

334

shall have on public access to the inlet for fishing and

335

recreation purposes and what action best serves the public

336

health, safety, and welfare.

337

Section 4. Chapters 7976 (1919), 8901 (1921), 12259

338

(1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910, 76-

339

329, 78-470, 82-307, and 88-535, Laws of Florida, are repealed.

340

Section 5. This act shall take effect upon becoming a law.