| 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| 25 | repealed as herein provided.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 | 
 | 
| 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. |