HB 1079

1
A bill to be entitled
2An act relating to the Merritt Island Public Library
3District, Brevard County; codifying, amending, reenacting,
4and repealing chapters 65-1289, 72-477, 76-330, 82-263,
5and 94-449, Laws of Florida, relating to the district;
6providing boundaries; providing for appointment of a
7library board; prescribing its duties, powers, and
8authority; providing for raising funds by taxation;
9providing a method of levying, collecting, and disbursing
10such funds; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Pursuant to section 189.429, Florida Statutes,
15this act constitutes the codification of all special acts
16relating to the Merritt Island Public Library District. It is
17the intent of the Legislature in enacting this law to provide a
18single, comprehensive special act charter for the Merritt Island
19Public Library District, including all current legislative
20authority granted to the Merritt Island Public Library District
21by its several legislative enactments and additional authority
22granted by this act.
23     Section 2.  Chapters 65-1289, 72-477, 76-330, 82-263, and
2494-449, Laws of Florida, are codified, amended, reenacted, and
25repealed as herein provided.
26     Section 3.  The Merritt Island Public Library District is
27re-created and reenacted to read:
28     Section 1.  All that part of Merritt Island, Florida,
29bounded and as described as:
30
31All that part of Merritt Island, lying South of the
32southerly boundary line of the Merritt Island
33Launching area, National Aeronautics and Space
34Administration, and bounded on the East by the waters
35of the Banana River, and on the West by the waters of
36the Indian River, excepting therefrom the lands of the
37Port Canaveral Authority,
38
39is created into a library district to be known as the Merritt
40Island Public Library District, hereinafter referred to as "the
41district."
42     Section 2.  The Governor is authorized to appoint fifteen
43residents of the district as the Merritt Island library district
44board, hereinafter referred to as the "library board." The
45members of the library board shall, subject to the following,
46serve terms of 3 years each, unless removed for cause by the
47Governor. The first library board, however, shall consist of
48five members appointed for 3 years, five members appointed for 2
49years, and five members appointed for 1 year. Subsequent
50appointments or reappointments shall be for a period of 3 years.
51The library board members shall receive no compensation and must
52reside within the area designated in section 1. The library
53board members shall be appointed by the Governor and assume
54their duties within a reasonable time after this act becomes a
55law.
56     Section 3.  Within 10 days after the appointment and
57qualifications of the members of the library board, the members
58shall meet and elect from their number a chair, first vice
59chair, second vice chair, recording secretary, corresponding
60secretary, and treasurer, provided, however, that the same
61member may be both secretary and treasurer.
62     Section 4.  The library board shall meet each year and
63prepare a budget of proposed expenditures for the ensuing year.
64The meeting must be held on a date that conforms to, and does
65not conflict with, the requirements of section 200.065, Florida
66Statutes. Each year, a public hearing within the district must
67also be held after notice has been published at least once, to
68give residents living within the district an opportunity to
69review the proposed budget. The budget shall be funded by the
70imposition of a tax not to exceed one-half of 1 mill on the real
71and tangible personal property with the district less all such
72property exempt from taxation by the constitution or statutes of
73the state, and the use thereof shall be limited to the library
74purposes within the district. If, at the public hearing, a
75request for a rehearing is made and granted, the rehearing must
76be held on a date that conforms to, and does not conflict with,
77the requirements of section 200.065, Florida Statutes.
78     Section 5.  The adoption by the library board of an annual
79budget for the library district pursuant to section 4 shall be
80accepted by the Brevard County board of commissioners and/or the
81Brevard County Tax Assessor and a millage assessment on the real
82and tangible personal property within the library district shall
83be made in order to produce the requirements set forth in said
84budget, provided, however, that in no event shall the assessment
85be in excess of one-half of 1 mill. The tax receipts shall be
86limited for library purposes within the district.
87     Section 6.  The library board shall constitute a body
88politic and body corporate; it shall have perpetual existence;
89it shall adopt and use a common seal and may alter the same; it
90may contract and be contracted with; and it may sue and be sued
91in its corporate name. It shall have the additional powers by
92grant, purchase, lease, devise, gift, or bequest, or in any
93other manner, real property, personal property, or any estate or
94interest therein, and to improve, maintain, sell, lease,
95mortgage, or otherwise encumber the same, or any part thereof,
96or any interest therein, upon such terms and conditions as the
97board shall fix and determine, and said determination shall be
98deemed conclusive, except in case of fraud or gross abuse of
99discretion; and to plan, build, construct, repair, fix,
100purchase, sell, mortgage, encumber, furnish, equip, supply,
101operate, manage, maintain, and conduct a library, and any
102facilities, buildings, and structures related to and customarily
103used, conducted, or operated in conjunction with a library.
104     Section 7.  Warrants for the payment of labor, equipment,
105property, or other expenses of the library board, and in
106carrying into effect this act and its purposes, shall be payable
107by the treasurer of the library board on accounts and vouchers
108in the manner approved by the library board.
109     Section 8.  (1)  If taxes as provided for shall have been
110collected by the tax collector of Brevard County, he or she
111shall, on or before the 10th day of each month, report to the
112secretary of the board the collections made for the preceding
113month and remit the same to the treasurer of the library board
114and take a receipt for the same from the treasurer. The tax
115collector shall be relieved from all other liability as to the
116amount paid the treasurer of the library board.
117     (2)  The taxes provided for shall be assessed and collected
118in the same manner and form as provided for the assessment and
119collection of county taxes and a reasonable charge may be made
120by the tax assessor and the tax collector for assessing and
121collecting the same.
122     Section 9.  The chair and treasurer of the library board,
123when entering upon their duties, shall give a sufficient bond to
124the Governor in the sum of $10,000 each for the faithful
125performance of their duties. The premium for the bonds shall be
126paid by the district. The library board shall designate a
127depository or depositories for the funds of the library board
128and shall establish by resolution of the library board the
129method and authority under which such funds may be withdrawn
130from such depository or depositories; however, no fewer than two
131signatures are required on any checks drawn on the funds of the
132library board and one signature must be that of either the
133treasurer or the chair.
134     Section 10.  The treasurer shall, before April 11 of each
135year, make his or her semiannual report of the receipt and
136expenditures of the finds of the district to the library board.
137Before October 11 of each year, the treasurer shall make his or
138her annual report of receipts and expenditures of the funds of
139the district to the library board. The reports shall be in
140writing, setting forth the amount of money received, from whom
141received, itemized amounts of expenditures, and to whom paid and
142for what payment is made. At the time of making the report to
143the library board the treasurer shall also file a copy of the
144report with the Board of County Commissioners of Brevard County.
145     Section 11.  This act shall be liberally construed to
146promote the purposes for which it is intended.
147     Section 12.  In the event that any part of this act shall
148be held void for any reason, the determinations shall not affect
149any other part thereof.
150     Section 13.  The library board shall keep accurate minutes
151of its meetings and proceedings, and the minutes shall be open
152to public inspection at all reasonable times at the premises or
153office of the library board. All meetings of the library board
154shall be open to the public and all meetings shall be held
155within the district.
156     Section 14.  Under the authority of s. 2, Art. XII, and s.
1579(b), Art. VII, of the State Constitution, the provisions of
158sections 200.071, 200.091, and 200.141, Florida Statutes, are
159hereby declared to be inapplicable to the Merritt Island Public
160Library District, and said statutory provisions shall not affect
161the power of the Merritt Island Public Library District to levy,
162assess, collect, and enforce ad valorem taxes as provided under
163all general, special, or local laws relating to said district.
164     Section 15.  Nothing contained herein is to be construed or
165interpreted to affect the authority of Brevard County to levy 10
166mills on the dollar of assessed value for county purposes as
167authorized under s. 9(b), Art. VII of the State Constitution and
168section 200.071, Florida Statutes, or to affect the authority of
169Brevard County to continue at a greater rate of taxation in
170excess of 10 mills for county purposes as provided in section
171200.071(3) and section 200.091, Florida Statutes providing for
172counties to continue to levy millage at a greater rate of
173taxation in excess of 10 mills for county purposes.
174     Section 4.  Chapters 65-1289, 72-477, 76-330, 82-263, and
17594-449, Laws of Florida, are repealed.
176     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.