HB 0297 2003
1	A bill to be entitled
2	An act relating to the Greater Boca Raton Beach and Park
3	District, Palm Beach County, an independent special
4	district of the state; codifying, amending, and reenacting
5	special laws relating to the district; providing
6	legislative intent; repealing chapters 74-423, 75-330, 76-
7	323, 82-350, 85-481, and 97-330, Laws of Florida, relating
8	to the district; providing for liberal construction;
9	providing for severability; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.Pursuant to section 189.429, Florida Statutes,
14	this act constitutes the codification of all special acts
15	relating to the Greater Boca Raton Beach and Park District. It
16	is the intent of the Legislature in enacting this law to provide
17	a single, comprehensive special act charter for the district,
18	including all current legislative authority granted to the
19	district by its several legislative enactments and any
20	additional authority granted by this act. It is further the
21	intent of this act to preserve all district authority, including
22	the authority to annually assess and levy against the taxable
23	property in the district a tax not to exceed 2 mills on the
24	dollar of assessed valuation.
25	Section 2.Chapters 74-423, 75-330, 76-323, 82-350, 85-
26	481, and 97-330, Laws of Florida, relating to the Greater Boca
27	Raton Beach and Park District, are codified, reenacted, amended,
28	and repealed as herein provided.
29	Section 3. The Greater Boca Raton Beach and Park District
30	is re-created, and the charter for the district is re-created
31	and reenacted to read:
32	Section 1. Independent special district.--The Greater Boca
33	Raton Beach and Park District for the purposes of this act is
34	created into an independent special district of the State of
35	Florida.
36	Which said district shall embrace and include the following
37	described property lying in Township 46 and 47 South, Ranges 42
38	and 43 East, Palm Beach County, Florida:
39
40	Begin at the intersection of the Mean High Water Line
41	of the Atlantic Ocean and the Broward County – Palm
42	Beach County Line; thence run Westerly along said
43	Broward County – Palm Beach County Line to a point of
44	intersection with the Easterly Right-of-Way Line of
45	the Florida State Turnpike, according to the Right-of-
46	Way maps as recorded in the Public Records of Palm
47	Beach County, Florida; thence run Northerly along the
48	Eastern Right-of-Way Line of said Turnpike through
49	Section 33, 28, 21, 16, 9 and 4 to a point on the
50	Township line between Townships 46 and 47 South, said
51	point located where the Township line intersects the
52	Easterly Right-of-Way of Florida State Turnpike;
53	thence run Easterly along said Township line to a
54	point of intersection with the Westerly corporate
55	limit boundary of the City of Boca Raton which lies in
56	Section 31, Township 46 South, Range 43 East; thence
57	run Northerly along the West line of said corporate
58	limit boundary which lies in Section 31, to a point of
59	intersection with the North boundary of Sections 31,
60	said point also being on the center line of the
61	Central and Southern Florida Flood Control District C-
62	15 Canal; thence Easterly along the center line of
63	said C-15 Canal through the Easterly part of Section
64	31, and Sections 32 and 33, Township 46 South, Range
65	43 East to the intersectionwith the center line of
66	the Right-of-Way of the Intracoastal Waterway; thence
67	run Southerly along the center line of the Right-of-
68	Way of the Intracoastal Waterway through Section 33,
69	Township 46 South, Range 43 East and Sections 4 and 9,
70	Township 47 South, Range 43 East to a point of
71	intersection with the center line of the Right-of-Way
72	of the Intracoastal Waterway and a line at 1333.86
73	feet South of and parallel to the North line of
74	Section 9, Township 47 South, Range 43 East; thence
75	run Easterly along a line which is 1333.86 feet South
76	of and parallel to the North line of Section 9 to the
77	Mean High Water Line of the Atlantic Ocean; thence run
78	Southerly along the Mean High Water Line of the
79	Atlantic Ocean to a point to intersection with the
80	County Line between Palm Beach County and Broward
81	County, said point being the Point of Beginning.
82
83	Section 2. Board of commissioners; elections; bond
84	required.--
85	(1) The district shall be governed by a board of five
86	commissioners. Three of the commissioners shall reside within
87	the corporate boundary of the City of Boca Raton and the
88	remaining two commissioners shall reside within the remainder of
89	the district. All of the commissioners shall be elected at
90	large by the qualified electors of the district as follows: The
91	commission seats shall be numbered one through five with seats
92	one through three for commissioners residing within the City of
93	Boca Raton and seats four and five for commissioners residing
94	within the remainder of the district. Odd-numbered seats shall
95	be filled for 4-year terms by those commissioners elected in
96	2000and even-numbered seats shall be filled for 4-year terms by
97	the commissioners elected in 2002. Thereafter, all terms shall
98	be of 4 years in length. The commissioners shall be electors
99	qualified to vote in order to be eligible for election to the
100	board of commissioners. The commissioners shall be known and
101	designated as the Board of Commissioners of the Greater Boca
102	Raton Beach and Park District. The terms of commissioners
103	serving on the effective date of this act shall expire upon the
104	assumption of office of commissioners elected pursuant to this
105	section.
106	(2) A majority of the members of the board of
107	commissioners shall constitute a quorum. On any vote of the
108	board to set the annual millage, set the annual budget, or carry
109	out any of the purposes of this act as enumerated in Section 3,
110	a minimum of three affirmative votes shall be necessary. The
111	board shall cause true and accurate minutes and records to be
112	kept of all business transacted by it and shall keep full, true,
113	and complete books of account and minutes, which shall at all
114	reasonable times be open and subject to the inspection of the
115	public.
116	(3) The terms of office of each commissioner shall begin
117	on January 1 following the election at which the commissioner is
118	elected. The Governor shall have the power to remove any member
119	of the board for cause and shall fill any vacancies that may at
120	any time occur thereon. Should the City of Boca Raton municipal
121	boundaries be changed through annexation to include the area
122	wherein any elected commissioner of seat four or seat five
123	resides, said commissioner shall serve only until the next
124	election, at which time said seat shall be filled by a
125	commissioner residing in the area outside of the City of Boca
126	Raton municipal boundaries and elected at large by the qualified
127	electors of the district.
128	(4) Commissioners shall be elected at the first and second
129	nonpartisan elections. The first nonpartisan election shall be
130	held at the time of the first primary election provided for by
131	section 100.061, Florida Statutes. The second nonpartisan
132	election shall be held at the time of the second primary
133	election provided for by section 100.091, Florida Statutes. No
134	reference to political party affiliation shall appear on any
135	ballot with respect to any candidate for the board. The board
136	shall be elected on separate nonpartisan ballots in a form
137	similar to that for the nonpartisan election of judicial
138	officers. Candidates shall qualify with the Palm Beach County
139	Supervisor of Elections no earlier than noon of the 50th day, and
140	no later than noon of the 46th day, prior to the date of the
141	election upon filing an oath or affirmation substantially the
142	same as that required of judicial candidates by section
143	105.031(4), Florida Statutes.
144	(5) The board shall convene as soon as practicable after
145	January 1 each year and shall elect a chair and such other
146	officers as it determines necessary for the efficient management
147	of the affairs of the district. Such officers shall hold office
148	subject to an annual election by the board in January of each
149	year.
150	(6) Each commissioner shall be required to give bond to
151	the Governor for faithful performance of his or her duties in
152	the sum of $5,000 with a surety company qualified to do business
153	in the state as surety, which bond shall be approved and kept by
154	the Clerk of the Circuit Court of Palm Beach County. The
155	premium on the bond shall be paid as part of the expenses of the
156	district.
157	(7) Commissioners shall receive a compensation for
158	attendance at a meeting of the board or a meeting attended by
159	any commissioner at which the purposes, obligations, or business
160	of the district is discussed or transacted. The amount of said
161	compensation shall be equal to the dollar amount set forth in
162	section 112.061(6)(a)1., Florida Statutes, as may be amended.
163	In no event shall any commissioner receive compensation for more
164	than one meeting per day.
165	Section 3. Purposes and obligations.--The purposes and
166	obligations of the district shall be:
167	(1) To first reimburse the City of Boca Raton the actual
168	costs of debt service of acquisition, maintenance, operation,
169	and debt service of improvements of the real property commonly
170	known as the Schine and Butler Tracts, more fully described as
171	follows:
172
173	Parcel No. 1
174	That part of the South 1181.65 feet of the North
175	2571.65 feet of Government Lot 1, Section 21, Township
176	47 South, Range 43 East Palm Beach County, Florida,
177	lying East of State Road A-1-A, together with riparian
178	and littoral rights, if any, appurtenant thereto.
179	Parcel No. 2
180	Parcel B-1 and the South 200 feet of parcel B-3 as
181	measured at right angles to the South Boundary thereof
182	of Sun and Surf Club Community, a subdivision in Boca
183	Raton, Florida, according to the plat thereof recorded
184	in the Public Records of Palm Beach County, Florida,
185	in Plat Book 27, beginning at Page 114, together with
186	the riparian and littoral rights, if any, appurtenant
187	thereto.
188	Parcel No. 3
189	That part of the South 618.35 feet of the North 1590
190	feet of Government Lot 1, Section 21, Township 47
191	South, Range 43 East, Palm Beach County, Florida,
192	lying East of State Road A-1-A, together with all
193	riparian and littoral rights, if any, appurtenant
194	thereto.
195
196	Parcel No. 3A
197	The East 300 feet of Parcel B-3 in Sun and Surf Club
198	Community, less the South 200 feet as measured at
199	right angles to the South Boundary thereof of Sun and
200	Surf Club Community, a subdivision in Boca Raton,
201	Florida, according to the plat thereof recorded in the
202	Public Records of Palm Beach County, Florida, in Plat
203	Book 27, beginning at Page 114, together with riparian
204	and littoral rights, if any, appurtenant thereto.
205	Parcel No. 3B
206	Parcel B-3 (except the East 300 feet thereof) in Sun
207	and Surf Club Community, a subdivision in Boca Raton,
208	Florida, according to the plat thereof recorded in the
209	Public Records of Palm Beach County, Florida, in Plat
210	Book 27, beginning at Page 114, together with riparian
211	and littoral rights, if any, appurtenant thereto.
212	Parcel No. 4
213	The South 150 feet of the North 771.65 feet of Section
214	21, Township 47 South, Range 43 East, as the same is
215	located by the boundary agreement and the plat
216	recorded in the office of the Clerk of the Circuit
217	Court in and for Palm Beach County, Florida, in Plat
218	Book 18, at Page 1, together with riparian rights and
219	littoral rights, if any, appurtenant thereto.
220	Parcel No. 5
221	The South 142.98 feet of the North 621.65 feet of
222	Government Lot 1, Section 21, Township 47 South, Range
223	43 East, Palm Beach County, Florida, together with
224	riparian and littoral rights, if any, appurtenant
225	thereto.
226	Parcel No. 6
227	The South 271.20 feet of Government Lot 4, Section 16,
228	Township 47 South, Range 43 East, and the North 478.67
229	feet of Government Lot 1, Section 21, Township 47
230	South, Range 43 East; begin a parcel 749.87 feet in
231	width extending from the ocean on the east to Lake
232	Wyman and the Intracoastal Waterway on the west and
233	being the parcel designated as Parcel No. 2 on the
234	plat recorded in plat Book 18, at Page 1, Palm Beach
235	County Public Records, together with riparian and
236	littoral rights, if any, appurtenant thereto.
237	Parcel No. 7
238	All that part of the North 699.83 feet of the South
239	971.03 feet of Section 16, Township 47 South, Range 43
240	East, lying between the waters of the Atlantic Ocean
241	on the East and the waters of Lake Wyman on the West,
242	together with riparian and littoral rights, if any,
243	appurtenant thereto.
244	Parcel No. 8
245	That tract of land in Section 21, Township 47 South,
246	Range 43 East, bounded as follows: On the East by the
247	Atlantic Ocean; on the West by State Road No. A-1-A
248	(formerly No. 140) as the same is now laid out and in
249	use; on the North by a line parallel to and 2571.65
250	feet South of (measured at right angles) the North
251	line of said Section 21; and on the South by a line
252	parallel to and 2771.65 feet South of (measured at
253	right angles) the North line of said Section 21, Palm
254	Beach County, Florida.
255	Parcel No. 9
256	A tract of land in Section 21, Township 47 South,
257	Range 43 East bounded as follows: On the East by the
258	Atlantic Ocean; on the West by State Road A-1-A as the
259	same is now laid out and in use; on the North by a
260	line parallel to and 2,771.65 feet South of (measured
261	at right angles) the North line of said Section 21 and
262	on the South by a line parallel to and 2,871.65 feet
263	South of (measured at right angles) the North line of
264	said Section 21. Said tract of land lying in Boca
265	Raton, Palm Beach County, Florida.
266
267	(2) To reimburse the City of Boca Raton from other
268	available revenues of the district the actual costs of debt
269	service of acquisition, maintenance, operation, and debt service
270	of improvements on existing or future beach or park properties,
271	or to acquire, maintain, operate, or improve beach or park
272	properties as provided in Section 4.
273	Section 4. Powers.--The board shall have all the powers as
274	a body corporate, including the power to sue and be sued under
275	the name of the Greater Boca Raton Beach and Park District; to
276	contract and be contracted with; to borrow money; to adopt and
277	use a corporate seal; to purchase or lease such real and
278	personal property as is necessary and proper to maintain office
279	space required to accomplish the purpose of this act; to
280	purchase, lease, or acquire through exercise of the power of
281	eminent domain real property for beach or park purposes, subject
282	to the concurrence of the City Council of the City of Boca Raton
283	or to the approval of the district electorate by referendum, and
284	to maintain, operate, or improve such property; and to carry out
285	the provisions of this act in the manner hereinafter provided.
286	Section 5. Duties.--
287	(1) The board shall be authorized, empowered, and directed
288	annually to levy upon all of the nonexempt real property and
289	nonexempt tangible personal property and inventory in the
290	district a sufficient tax necessary for the purposes and needs
291	of said district incurred in the exercise of the powers and
292	purposes herein granted. However, the tax levied shall not
293	exceed, in any event, 2 mills unless approved by the electors
294	residing within the district at a referendum election held for
295	such purpose.
296	(2) The board shall also be authorized to accept donations
297	from either private or governmental sources of any kind.
298	(3) If, in the sole judgment of the board, the purposes of
299	this act have been undertaken and carried out by some other
300	public or private body or corporation, then, in such event, the
301	board is directed to withhold, reduce, or eliminate its
302	expenditures, taking into consideration the expenditures that
303	the other public or private body or corporation is obligated to
304	expend in carrying out the same purposes of this act.
305	(4) Should the boundaries of the City of Boca Raton, by
306	annexation, encompass the same boundaries as the district, then
307	the district, upon retiring and satisfying all of its
308	obligations and liabilities, shall cease to function and its
309	assets shall be assigned and transferred to the City of Boca
310	Raton or its corporate successor.
311	Section 6. Procedure for payment of funds.--The funds of
312	the district shall be paid out only upon warrant signed by the
313	chair of the board or a majority of the commissioners, and no
314	warrant shall be drawn or issued against funds of the district
315	except for a purpose authorized by this act.
316	Section 7. Purchases.--All purchases or leases of
317	supplies, equipment, materials, or office space for use in the
318	operation and maintenance of the district in excess of $5,000
319	shall beapproved by the board only after competitive bids have
320	been sought from at last three different sources of supply.
321	However, if less than three different sources are available,
322	competitive bids shall be accepted from whatever sources are
323	available. During emergencies, the board may, by resolution,
324	authorize the purchase or lease of designated supplies and
325	equipment in excess of the above-mentioned limitations without
326	competitive bidding.
327	Section 8. Levy and collections of taxes; procedure.--The
328	levy of taxes authorized by this act shall be by resolution duly
329	entered upon the minutes of the board. Certified copies of such
330	resolutions executed in the name of the board by its chair,
331	under its corporate seal, shall be made and delivered to the
332	Board of County Commissioners of Palm Beach County within a
333	reasonable time and as is necessary to meet the legal
334	requirements for the levying of taxes by the county
335	commissioners. It shall be the duty of the Tax Collector of
336	Palm Beach County to collect the amount of taxes so levied by
337	the Board of Commissioners of the Greater Boca Raton Beach and
338	Park District upon the nonexempt taxable property in the
339	district for said year in the same manner as other taxes are
340	collected and to pay the same over to the district board within
341	the time and in the manner prescribed by law for the payment by
342	the tax collector of county taxes to the county depository. The
343	taxes shall be levied upon the assessed value of taxable
344	property in the district as is determined by the county property
345	appraiser. All such taxes shall be held by the district board
346	and paid out by it as provided in this act. The board is
347	authorized to pay necessary expenses to the county property
348	appraiser and tax collector for the assessment and collection of
349	taxes on a reasonable basis as required.
350	Section 9. Payment of expenses.--The board is authorized
351	to pay all expenses necessarily incurred in the organization of
352	the board and in the formation of the district and all other
353	reasonable and necessary expenses, costs, and fees incurred in
354	accomplishing the purposes of this act.
355	Section 4.It is intended that the provisions of this act
356	be liberally construed for accomplishing the work authorized and
357	provided for or intended to be provided for in this act and,
358	where strict construction would result in the defeat of the
359	accomplishment of any part of the work authorized by this act
360	and a liberal construction would permit or assist in the
361	accomplishment thereof, the liberal construction shall be
362	chosen. During the existence of the district, this act shall be
363	construed so as to give effect to the intent of providing equal
364	application of the act and all provisions hereunder to all
365	persons residing within the geographical boundaries of the
366	district so that all benefits derived and detriments incurred
367	shall be apportioned equitably among such residents.
368	Section 5.Any clause or section of this act that for any
369	reason may be held or declared invalid may be eliminated, and
370	the remaining portion or portions thereof shall be and remain in
371	full force and be valid as if such invalid clause or section had
372	not been incorporated therein.
373	Section 6.Chapters 74-423, 75-330, 76-323, 82-350, 85-
374	481, and 97-330, Laws of Florida, are repealed.
375	Section 7. This act shall take effect upon becoming a law.
376