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28	and repealed as herein provided.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