HB 1079

1	A bill to be entitled
2	An act relating to the Merritt Island Public Library
3	District, Brevard County; codifying, amending, reenacting,
4	and repealing chapters 65-1289, 72-477, 76-330, 82-263,
5	and 94-449, Laws of Florida, relating to the district;
6	providing boundaries; providing for appointment of a
7	library board; prescribing its duties, powers, and
8	authority; providing for raising funds by taxation;
9	providing a method of levying, collecting, and disbursing
10	such funds; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Pursuant to section 189.429, Florida Statutes,
15	this act constitutes the codification of all special acts
16	relating to the Merritt Island Public Library District. It is
17	the intent of the Legislature in enacting this law to provide a
18	single, comprehensive special act charter for the Merritt Island
19	Public Library District, including all current legislative
20	authority granted to the Merritt Island Public Library District
21	by its several legislative enactments and additional authority
22	granted by this act.
23	Section 2.  Chapters 65-1289, 72-477, 76-330, 82-263, and
24	94-449, Laws of Florida, are codified, amended, reenacted, and
25	repealed as herein provided.
26	Section 3.  The Merritt Island Public Library District is
27	re-created and reenacted to read:
28	Section 1.  All that part of Merritt Island, Florida,
29	bounded and as described as:
30
31	All that part of Merritt Island, lying South of the
32	southerly boundary line of the Merritt Island
33	Launching area, National Aeronautics and Space
34	Administration, and bounded on the East by the waters
35	of the Banana River, and on the West by the waters of
36	the Indian River, excepting therefrom the lands of the
37	Port Canaveral Authority,
38
39	is created into a library district to be known as the Merritt
40	Island Public Library District, hereinafter referred to as "the
41	district."
42	Section 2.  The Governor is authorized to appoint fifteen
43	residents of the district as the Merritt Island library district
44	board, hereinafter referred to as the "library board." The
45	members of the library board shall, subject to the following,
46	serve terms of 3 years each, unless removed for cause by the
47	Governor. The first library board, however, shall consist of
48	five members appointed for 3 years, five members appointed for 2
49	years, and five members appointed for 1 year. Subsequent
50	appointments or reappointments shall be for a period of 3 years.
51	The library board members shall receive no compensation and must
52	reside within the area designated in section 1. The library
53	board members shall be appointed by the Governor and assume
54	their duties within a reasonable time after this act becomes a
55	law.
56	Section 3.  Within 10 days after the appointment and
57	qualifications of the members of the library board, the members
58	shall meet and elect from their number a chair, first vice
59	chair, second vice chair, recording secretary, corresponding
60	secretary, and treasurer, provided, however, that the same
61	member may be both secretary and treasurer.
62	Section 4.  The library board shall meet each year and
63	prepare a budget of proposed expenditures for the ensuing year.
64	The meeting must be held on a date that conforms to, and does
65	not conflict with, the requirements of section 200.065, Florida
66	Statutes. Each year, a public hearing within the district must
67	also be held after notice has been published at least once, to
68	give residents living within the district an opportunity to
69	review the proposed budget. The budget shall be funded by the
70	imposition of a tax not to exceed one-half of 1 mill on the real
71	and tangible personal property with the district less all such
72	property exempt from taxation by the constitution or statutes of
73	the state, and the use thereof shall be limited to the library
74	purposes within the district. If, at the public hearing, a
75	request for a rehearing is made and granted, the rehearing must
76	be held on a date that conforms to, and does not conflict with,
77	the requirements of section 200.065, Florida Statutes.
78	Section 5.  The adoption by the library board of an annual
79	budget for the library district pursuant to section 4 shall be
80	accepted by the Brevard County board of commissioners and/or the
81	Brevard County Tax Assessor and a millage assessment on the real
82	and tangible personal property within the library district shall
83	be made in order to produce the requirements set forth in said
84	budget, provided, however, that in no event shall the assessment
85	be in excess of one-half of 1 mill. The tax receipts shall be
86	limited for library purposes within the district.
87	Section 6.  The library board shall constitute a body
88	politic and body corporate; it shall have perpetual existence;
89	it shall adopt and use a common seal and may alter the same; it
90	may contract and be contracted with; and it may sue and be sued
91	in its corporate name. It shall have the additional powers by
92	grant, purchase, lease, devise, gift, or bequest, or in any
93	other manner, real property, personal property, or any estate or
94	interest therein, and to improve, maintain, sell, lease,
95	mortgage, or otherwise encumber the same, or any part thereof,
96	or any interest therein, upon such terms and conditions as the
97	board shall fix and determine, and said determination shall be
98	deemed conclusive, except in case of fraud or gross abuse of
99	discretion; and to plan, build, construct, repair, fix,
100	purchase, sell, mortgage, encumber, furnish, equip, supply,
101	operate, manage, maintain, and conduct a library, and any
102	facilities, buildings, and structures related to and customarily
103	used, conducted, or operated in conjunction with a library.
104	Section 7.  Warrants for the payment of labor, equipment,
105	property, or other expenses of the library board, and in
106	carrying into effect this act and its purposes, shall be payable
107	by the treasurer of the library board on accounts and vouchers
108	in the manner approved by the library board.
109	Section 8.  (1)  If taxes as provided for shall have been
110	collected by the tax collector of Brevard County, he or she
111	shall, on or before the 10th day of each month, report to the
112	secretary of the board the collections made for the preceding
113	month and remit the same to the treasurer of the library board
114	and take a receipt for the same from the treasurer. The tax
115	collector shall be relieved from all other liability as to the
116	amount paid the treasurer of the library board.
117	(2)  The taxes provided for shall be assessed and collected
118	in the same manner and form as provided for the assessment and
119	collection of county taxes and a reasonable charge may be made
120	by the tax assessor and the tax collector for assessing and
121	collecting the same.
122	Section 9.  The chair and treasurer of the library board,
123	when entering upon their duties, shall give a sufficient bond to
124	the Governor in the sum of $10,000 each for the faithful
125	performance of their duties. The premium for the bonds shall be
126	paid by the district. The library board shall designate a
127	depository or depositories for the funds of the library board
128	and shall establish by resolution of the library board the
129	method and authority under which such funds may be withdrawn
130	from such depository or depositories; however, no fewer than two
131	signatures are required on any checks drawn on the funds of the
132	library board and one signature must be that of either the
133	treasurer or the chair.
134	Section 10.  The treasurer shall, before April 11 of each
135	year, make his or her semiannual report of the receipt and
136	expenditures of the finds of the district to the library board.
137	Before October 11 of each year, the treasurer shall make his or
138	her annual report of receipts and expenditures of the funds of
139	the district to the library board. The reports shall be in
140	writing, setting forth the amount of money received, from whom
141	received, itemized amounts of expenditures, and to whom paid and
142	for what payment is made. At the time of making the report to
143	the library board the treasurer shall also file a copy of the
144	report with the Board of County Commissioners of Brevard County.
145	Section 11.  This act shall be liberally construed to
146	promote the purposes for which it is intended.
147	Section 12.  In the event that any part of this act shall
148	be held void for any reason, the determinations shall not affect
149	any other part thereof.
150	Section 13.  The library board shall keep accurate minutes
151	of its meetings and proceedings, and the minutes shall be open
152	to public inspection at all reasonable times at the premises or
153	office of the library board. All meetings of the library board
154	shall be open to the public and all meetings shall be held
155	within the district.
156	Section 14.  Under the authority of s. 2, Art. XII, and s.
157	9(b), Art. VII, of the State Constitution, the provisions of
158	sections 200.071, 200.091, and 200.141, Florida Statutes, are
159	hereby declared to be inapplicable to the Merritt Island Public
160	Library District, and said statutory provisions shall not affect
161	the power of the Merritt Island Public Library District to levy,
162	assess, collect, and enforce ad valorem taxes as provided under
163	all general, special, or local laws relating to said district.
164	Section 15.  Nothing contained herein is to be construed or
165	interpreted to affect the authority of Brevard County to levy 10
166	mills on the dollar of assessed value for county purposes as
167	authorized under s. 9(b), Art. VII of the State Constitution and
168	section 200.071, Florida Statutes, or to affect the authority of
169	Brevard County to continue at a greater rate of taxation in
170	excess of 10 mills for county purposes as provided in section
171	200.071(3) and section 200.091, Florida Statutes providing for
172	counties to continue to levy millage at a greater rate of
173	taxation in excess of 10 mills for county purposes.
174	Section 4.  Chapters 65-1289, 72-477, 76-330, 82-263, and
175	94-449, 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.