Senate Bill sb2880

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2880

    By Senator Saunders





    37-991-03                                           See HB 445

  1                      A bill to be entitled

  2         An act relating to the Fort Myers Beach Public

  3         Library District; codifying, amending, and

  4         reenacting special acts relating to the

  5         district; providing membership, powers, and

  6         duties of the governing board of the district;

  7         providing for the levying of non-ad valorem

  8         assessments and the issuance of bonds;

  9         providing for the collection of taxes and

10         assessments; providing construction; providing

11         severability; repealing chapters 65-1823,

12         75-418, 79-489, 79-491, 81-414, 85-441, and

13         91-404, Laws of Florida; providing an effective

14         date.

15  

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

17  

18         Section 1.  Pursuant to section 189.429, Florida

19  Statutes, this act constitutes the codification of all special

20  acts relating to the Fort Myers Beach Public Library District.

21  It is the intent of the Legislature in enacting this law to

22  provide a single, comprehensive special act charter for the

23  district, including all current legislative authority granted

24  to the district by its several legislative enactments and any

25  additional authority granted by this act.

26         Section 2.  Chapters 65-1823, 75-418, 79-489, 79-491,

27  81-414, 85-441, and 91-404, Laws of Florida, are codified,

28  reenacted, amended, and repealed as herein provided.

29         Section 3.  The charter for the Fort Myers Beach Public

30  Library District is re-created and reenacted to read:

31  

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1         Section 1.  Creation.--There is hereby made, created,

 2  and established the Fort Myers Beach Public Library District,

 3  an independent special district, hereinafter referred to as

 4  "the District," through the codification and reenactment of

 5  the District's several legislative enactments, which shall

 6  include the following described land:

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 8         All that part of Lee County that is located and

 9         situated within San Carlos Island; Estero

10         Island; the easterly one-half (1/2) of Section

11         13, Township 46 South, Range 23 East; Section

12         18, Township 46 South, Range 24 East; and

13         Section 7, Township 46 South, Range 24 East,

14         except that part which is located and situated

15         North of the old railroad grade.

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17         Section 2.  Governing body.--The District shall be

18  governed by a board which shall consist of seven qualified

19  residents. Candidates shall be required to open depositories

20  and appoint treasurers prior to accepting any contributions or

21  expending any funds, provided that where a candidate accepts

22  no contributions and does no advertising and the only

23  expenditure is the filing fee or the fee required for checking

24  signatures, the candidate shall not be required to open a

25  depository or appoint a treasurer. All members of the

26  governing board of the District shall serve for a term of 4

27  years. Nothing herein shall affect the current term of office

28  or require the early expiration of the current term of office

29  of any current member of the governing board of the District.

30  Each elected member of the governing board shall assume office

31  immediately upon his or her election. Members of the governing

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1  board of the District shall receive no compensation. Vacancies

 2  on the governing board of the District shall be filled by the

 3  Governor for the remainder of the term, and copies of all

 4  resignations or vacancies and appointments shall be sent to

 5  the Supervisor of Elections. All District elections shall be

 6  on the first Tuesday after the first Monday in November of

 7  even-numbered years. The registered voters residing within the

 8  District shall be permitted to vote. Costs of any election

 9  shall be borne by the District. All elections shall be called

10  by resolution of the governing board of the District. Election

11  results shall be determined by a plurality of the votes cast.

12  Candidates shall qualify from noon of the 63rd day through

13  noon of the 49th day prior to the election. The methods of

14  qualifying shall be uniform pursuant to Florida law,

15  especially chapter 99, Florida Statutes, and section 189.405,

16  Florida Statutes, as said laws may be amended from time to

17  time. The District may provide for the conduct of District

18  elections by the Supervisor of Elections for Lee County,

19  Florida, or as otherwise described by Florida law,

20  specifically section 189.405, Florida Statutes, as said laws

21  may be amended from time to time.

22         Section 3.  Officers; meetings; powers.--Within 10 days

23  after the election of the members of the governing board, the

24  members shall meet and elect from their membership a

25  president, vice-president, secretary, corresponding secretary,

26  and treasurer; however, the same member may be both secretary

27  and treasurer. The treasurer of the governing board, when

28  entering upon his or her duties, shall give a sufficient bond

29  to the Governor in the sum of $3,000 for the faithful

30  performance of his or her duties as treasurer, the premium for

31  the bond to be paid by the District. The treasurer shall make

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1  a report at each regular meeting of the governing board.

 2  Warrants for the payment of labor, equipment, property, or

 3  other expenses of the governing board, and in carrying into

 4  effect this act and its purposes, shall be payable by the

 5  treasurer of the governing board on accounts and vouchers in

 6  the manner approved by the governing board. The governing

 7  board shall meet regularly at times designated by the

 8  governing board for the purpose of carrying out the business

 9  of the District. Meetings of the members of the governing

10  board of the District shall be noticed and regulated as

11  provided by chapters 189 and 286, Florida Statutes, or any

12  other applicable general law, as said laws may be amended from

13  time to time. The governing board shall meet each year and

14  prepare a budget of proposed expenditures for the ensuing year

15  and fix a millage rate for the ensuing year in accordance with

16  the provisions of section 200.065, Florida Statutes, as said

17  law may be amended from time to time. The budget shall be

18  limited to a sum which can be raised by the imposition of a

19  tax not to exceed 1 mill on the real and tangible personal

20  property within the District, and the use thereof shall be

21  limited to library purposes within the District. The District

22  shall have and the governing board may exercise the general

23  powers and special powers prescribed herein and by general

24  law, as said laws may be amended from time to time. In

25  particular, the governing board is authorized to buy, own,

26  lease, and maintain library facilities, equipment, books, and

27  supplies; to acquire, by purchase, lease, gift, dedication,

28  devise, or otherwise, property both real and personal, and any

29  other property as the governing board may deem necessary or

30  proper in order to provide the residents within the District

31  with the most complete library facilities as finances may

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1  permit; to make and execute contracts and other instruments

 2  necessary or convenient to exercise and carry out the powers

 3  of the District, including contracting for the services of

 4  consultants; to issue bonds; to borrow money, accept gifts,

 5  and apply for and use grants or loans of money or other

 6  property from any government agency or person for any District

 7  purposes and to enter into agreements required in connection

 8  therewith, and to hold, use, sell, and dispose of such moneys

 9  or property for any District purpose in accordance with the

10  terms of the gift, grant, loan, or agreement relating thereto;

11  to adopt procedures, ordinances, or resolutions necessary to

12  conduct District business and to satisfy the requirements of

13  the District, including those requirements prescribed in

14  chapter 189, Florida Statutes; to invest and reinvest any

15  surplus public funds as provided in chapter 218, Florida

16  Statutes; and to negotiate and contract with any library

17  facility within the District that has been in existence for at

18  least 5 years on the date that this act becomes law and which

19  has been determined by the Internal Revenue Service of the

20  United States Treasury Department to be tax-exempt under the

21  laws of the United States for the purpose of allocating funds

22  to the library facility or property in kind, either real or

23  personal, and in furtherance of providing facilities for the

24  residents within the District.

25         Section 4.  Taxes; non-ad valorem assessments; bond

26  issuance.--The District governing board shall fix and cause to

27  be levied on all property of the District a millage sufficient

28  to meet the requirements of the adopted budget; however, 1

29  mill is the maximum that can be levied in any one year, except

30  as may be provided in any applicable general law, as said laws

31  may be amended from time to time. The District shall have such

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1  authority to levy non-ad valorem assessments as prescribed in

 2  chapter 189, Florida Statutes, and any other applicable

 3  general law, as said laws may be amended from time to time.

 4  The District shall have such authority to issue bonds as

 5  prescribed in chapter 189, Florida Statutes, and any other

 6  applicable general law, as said laws may be amended from time

 7  to time, for District purposes. The taxes received by the

 8  District herein shall be limited for library purposes within

 9  the District, and upon assessment having been made, the

10  assessment shall be in substitution and shall supersede,

11  within the District, any other taxes, whether special or

12  included within the general fund, which the Board of County

13  Commissioners of Lee County may levy or attempt to levy within

14  this District for library purposes.

15         Section 5.  Assessment and collection of taxes and

16  assessments.--Taxes and assessments herein provided for shall

17  be assessed and collected in the manner prescribed by

18  applicable general law, as said laws may be amended from time

19  to time. In particular, the taxes provided for herein shall be

20  assessed and collected in the same manner and form as provided

21  for the assessment and collection of county taxes and subject

22  to a 3-percent commission for assessing and a 3-percent

23  commission for collecting same. The tax collector shall

24  distribute taxes collected on behalf of the District pursuant

25  to general law, as said laws may be amended from time to time.

26         Section 4.  This act shall be construed as remedial and

27  shall be liberally construed to promote the purpose for which

28  it is intended.

29         Section 5.  If any clause or provision of this act is

30  declared as unconstitutional or invalid for any cause or

31  reason, it shall be eliminated from this act, and the

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    Florida Senate - 2003        (NP)                      SB 2880
    37-991-03                                           See HB 445




 1  remaining portion of this act shall remain in full force and

 2  effect as if said unconstitutional or invalid portion had not

 3  been incorporated herein.

 4         Section 6.  Chapters 65-1823, 75-418, 79-489, 79-491,

 5  81-414, 85-441, and 91-404, Laws of Florida, are repealed.

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

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