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 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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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25 | repealed as herein provided.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 |
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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 |
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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 | qualification 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 within 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 to |
92 | acquire by grant, purchase, lease, devise, gift, or bequest, or |
93 | in any other manner, real property, personal property, or any |
94 | estate or interest therein, and to improve, maintain, sell, |
95 | lease, mortgage, or otherwise encumber the same, or any part |
96 | thereof, or any interest therein, upon such terms and conditions |
97 | as the board shall fix and determine, and said determination |
98 | shall be deemed conclusive, except in case of fraud or gross |
99 | abuse of 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 funds 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 4. Chapters 65-1289, 72-477, 76-330, 82-263, and |
165 | 94-449, Laws of Florida, are repealed. |
166 | Section 5. This act shall take effect upon becoming a law. |