| 1 | A bill to be entitled | 
| 2 | An act relating to Pasco County Mosquito Control District,  | 
| 3 | Pasco County; ratifying and confirming the creation of  | 
| 4 | Pasco County Mosquito Control District pursuant to chapter  | 
| 5 | 390, Florida Statutes (1951), as an independent mosquito  | 
| 6 | control district; providing for a special act charter for  | 
| 7 | the district pursuant to section 189.429, Florida  | 
| 8 | Statutes; providing legislative intent; providing for  | 
| 9 | applicability of chapters 388 and 189, Florida Statutes,  | 
| 10 | and other general laws; providing for district boundaries;  | 
| 11 | providing for officers, powers, rules, and a district  | 
| 12 | budget; providing for liability and group insurance;  | 
| 13 | providing construction; providing for severability;  | 
| 14 | repealing chapter 71-839, Laws of Florida, relating to  | 
| 15 | salary of board members; providing an effective date. | 
| 16 | 
  | 
| 17 | Be It Enacted by the Legislature of the State of Florida: | 
| 18 | 
  | 
| 19 |      Section 1.  Creation and intent.--Upon this act becoming  | 
| 20 | law, the creation of Pasco County Mosquito Control District,  | 
| 21 | formerly West Pasco County Mosquito Control District, as an  | 
| 22 | independent special district pursuant to chapter 390, Florida  | 
| 23 | Statutes (1951), shall be ratified and confirmed. It is the  | 
| 24 | intent of the Legislature in enacting this law to provide a  | 
| 25 | single, codified, comprehensive special act charter for the  | 
| 26 | district in accordance with section 189.429, Florida Statutes.  | 
| 27 | The district shall operate as an independent special district  | 
| 28 | pursuant to this special act and the provisions of chapter 388,  | 
| 29 | Florida Statutes, and all other general law applicable to  | 
| 30 | independent special districts. It is the intent of this act to  | 
| 31 | preserve all existing district authority as it may be modified  | 
| 32 | pursuant to the provisions of chapter 388, Florida Statutes,  | 
| 33 | this act, and applicable general law. | 
| 34 |      Section 2.  The charter for Pasco County Mosquito Control  | 
| 35 | District is re-created and reenacted to read: | 
| 36 |      Section 1.  Minimum charter requirements.--In accordance  | 
| 37 | with section 189.404(3), Florida Statutes, the following  | 
| 38 | subsections shall comprise the minimum required charter  | 
| 39 | provisions for Pasco County Mosquito Control District: | 
| 40 |      (1)  The district is organized and exists for all purposes  | 
| 41 | set forth in this act and chapter 388, Florida Statutes. | 
| 42 |      (2)  The powers, functions, and duties of the district  | 
| 43 | regarding ad valorem taxation, non-ad valorem assessments, bond  | 
| 44 | issuance, other revenue-raising capabilities, budget preparation  | 
| 45 | and approval, liens, foreclosure of liens, use of tax deeds and  | 
| 46 | tax certificates, and contractual agreements shall be as set  | 
| 47 | forth in chapters 170, 189, 197, 200, and 388, Florida Statutes,  | 
| 48 | this act, or any other applicable general or special law. | 
| 49 |      (3)  The district was created by the petition process  | 
| 50 | formerly provided for in chapter 390, Florida Statutes (1951),  | 
| 51 | and now continued in chapter 388, Florida Statutes. | 
| 52 |      (4)  The district's charter may be amended only by special  | 
| 53 | act of the Legislature, unless otherwise provided by chapter 189  | 
| 54 | or chapter 388, Florida Statutes. | 
| 55 |      (5)  In accordance with section 388.101(1), Florida  | 
| 56 | Statutes, the district is governed by a three-member board. By  | 
| 57 | resolution dated March 8, 1993, the board elected to stagger the  | 
| 58 | members' terms of office pursuant to section 388.101(3), Florida  | 
| 59 | Statutes. Therefore, upon this act becoming law, one board  | 
| 60 | member shall be elected in the 2006 general election and two  | 
| 61 | board members in the 2008 general election. Thereafter, each  | 
| 62 | election shall be for a term of 4 years. The membership and  | 
| 63 | organization of the board shall be as set forth in this act and  | 
| 64 | chapter 388, Florida Statutes. | 
| 65 |      (6)  Board members may be paid a salary in accordance with  | 
| 66 | this act and chapter 388, Florida Statutes. Pursuant to section  | 
| 67 | 112.08, Florida Statutes, board members may receive benefits,  | 
| 68 | such as medical insurance or accidental death and dismemberment  | 
| 69 | insurance, in addition to the maximum salary allowed under  | 
| 70 | general law. Each additional benefit shall be granted by  | 
| 71 | unanimous resolution of the district with all members present. | 
| 72 |      (7)  The administrative duties of the board of  | 
| 73 | commissioners shall be as set forth in this act and chapter 388,  | 
| 74 | Florida Statutes. | 
| 75 |      (8)  Requirements for financial disclosure, meeting  | 
| 76 | notices, reporting, public records maintenance, and per diem  | 
| 77 | expenses for officers and employees shall be as set forth in  | 
| 78 | chapters 112, 189, 286, and 388, Florida Statutes. | 
| 79 |      (9)  The procedures and requirements governing the issuance  | 
| 80 | of bonds, notes, and other evidence of indebtedness by the  | 
| 81 | district shall be as set forth in chapters 189 and 388, Florida  | 
| 82 | Statutes, and applicable general laws. | 
| 83 |      (10)  The procedures for conducting district elections and  | 
| 84 | for qualification of electors shall be pursuant to chapters 189  | 
| 85 | and 388, Florida Statutes, and applicable general laws. | 
| 86 |      (11)  The district may be financed by any method  | 
| 87 | established in this act, chapter 189 or chapter 388, Florida  | 
| 88 | Statutes, or any applicable general laws. | 
| 89 |      (12)  Pursuant to section 388.221, Florida Statutes, the  | 
| 90 | district's authority to levy upon all of the personal and real  | 
| 91 | taxable property in the district a special tax during each year  | 
| 92 | as maintenance tax is preserved. | 
| 93 |      (13)  The method for collecting non-ad valorem assessments,  | 
| 94 | fees, service charges, or state matching funds shall be as set  | 
| 95 | forth in chapters 170, 197, and 388, Florida Statutes. | 
| 96 |      (14)  The district's planning requirements shall be as set  | 
| 97 | forth in chapters 189 and 388, Florida Statutes. | 
| 98 |      (15)  The district's geographic boundary limitations shall  | 
| 99 | be coterminous with the boundaries of Pasco County as defined in  | 
| 100 | section 7.51, Florida Statutes, and may be amended pursuant to  | 
| 101 | section 388.211, Florida Statutes. | 
| 102 |      Section 2.  Officers; board compensation; bond; vacancies;  | 
| 103 | meetings; director.-- | 
| 104 |      (1)  In accordance with section 388.121, Florida Statutes,  | 
| 105 | the elected members of the board shall meet as soon as  | 
| 106 | practicable after their election and shall organize by electing  | 
| 107 | from among their number a chair, a secretary, and a treasurer.  | 
| 108 | Two members of the board shall constitute a quorum. The vote of  | 
| 109 | two members shall be necessary to transact business. | 
| 110 |      (2)  The commissioners shall receive reimbursement for  | 
| 111 | actual expenses incurred while performing the duties of their  | 
| 112 | offices in accordance with general law governing per diem for  | 
| 113 | public officials. | 
| 114 |      (3)  Pursuant to section 388.131, Florida Statutes, each  | 
| 115 | commissioner may be required by the Department of Agriculture  | 
| 116 | and Consumer Services to give a bond before he or she assumes  | 
| 117 | office. The bond shall be conditioned upon the faithful  | 
| 118 | performance of the duties of the commissioner's office. | 
| 119 |      (4)  In accordance with section 388.111, Florida Statutes,  | 
| 120 | a vacancy on the board shall be filled by appointment by the  | 
| 121 | Commissioner of Agriculture for the unexpired term. | 
| 122 |      (5)  Pursuant to section 388.151, Florida Statutes, the  | 
| 123 | board shall hold, in the county courthouse or in the district  | 
| 124 | offices, regular monthly meetings and special meetings as  | 
| 125 | needed. The time and place of such regular meetings shall be on  | 
| 126 | file in the office of the board. | 
| 127 |      (6)  The district shall be administered by a qualified  | 
| 128 | person who shall meet any minimum qualifications established by  | 
| 129 | the Department of Agriculture and Consumer Services for such a  | 
| 130 | position in accordance with section 388.162, Florida Statutes. | 
| 131 |      Section 3.  Powers.-- | 
| 132 |      (1)  The board shall have all powers and duties set forth  | 
| 133 | in this act and chapter 388, Florida Statutes. Such powers and  | 
| 134 | duties include any and all things necessary for the control and  | 
| 135 | elimination of all species of mosquitoes and other arthropods of  | 
| 136 | public health importance, as well as all powers of a body  | 
| 137 | corporate. | 
| 138 |      (2)  The board may have any and all work performed by  | 
| 139 | machinery, equipment, and labor employed directly by the board  | 
| 140 | pursuant to sections 388.171 and 255.20, Florida Statutes. | 
| 141 |      (3)  In accordance with section 388.191, Florida Statutes,  | 
| 142 | the board may hold, control, and acquire by gift or purchase for  | 
| 143 | the use of the district any real or personal property and may  | 
| 144 | condemn any land or easements needed for the purposes of said  | 
| 145 | district. The board may exercise the right of eminent domain and  | 
| 146 | institute and maintain condemnation proceedings as provided in  | 
| 147 | chapter 73, Florida Statutes. | 
| 148 |      Section 4.  Rules.--Pursuant to section 388.161(2), Florida  | 
| 149 | Statutes, the board shall adopt rules not inconsistent with this  | 
| 150 | act or chapter 388, Florida Statutes, which in its judgment may  | 
| 151 | be necessary for the proper enforcement of chapter 388, Florida  | 
| 152 | Statutes, provided such rules are approved by the Department of  | 
| 153 | Agriculture and Consumer Services. | 
| 154 |      Section 5.  District budget.--For the purposes of carrying  | 
| 155 | out this act, the board shall annually prepare, consider, and  | 
| 156 | adopt a district budget pursuant to the applicable requirements  | 
| 157 | of chapters 189 and 388, Florida Statutes. | 
| 158 |      Section 6.  Liability insurance.--In addition to all other  | 
| 159 | powers granted it by law, the Pasco County Mosquito Control  | 
| 160 | District, acting by and through its duly qualified board of  | 
| 161 | commissioners, shall have the power to purchase and pay for  | 
| 162 | liability insurance as a legitimate public expenditure without,  | 
| 163 | however, waiving its right to defend any action filed against it  | 
| 164 | on the grounds of sovereign immunity should it choose to  | 
| 165 | exercise such right. | 
| 166 |      Section 7.  Group insurance.-- | 
| 167 |      (1)  Pasco County Mosquito Control District shall be and is  | 
| 168 | hereby authorized, empowered, and permitted to provide for life,  | 
| 169 | health, accident, hospitalization, or annuity insurance or all  | 
| 170 | of any kinds of such insurance for the employees thereof upon a  | 
| 171 | group insurance plan and to that end to enter into agreement  | 
| 172 | with insurance companies to provide such insurance. The Pasco  | 
| 173 | County Mosquito Control District shall be authorized to  | 
| 174 | contribute to the cost of any such insurance. | 
| 175 |      (2)  The election to exercise such authority shall be  | 
| 176 | evidenced by resolution duly recorded in the official minutes  | 
| 177 | adopted by the board of the Pasco County Mosquito Control  | 
| 178 | District. | 
| 179 |      (3)  Upon the request in writing of any employee, the  | 
| 180 | public officials of the Pasco County Mosquito Control District  | 
| 181 | are hereby authorized and empowered to deduct from the wages of  | 
| 182 | such employee periodically the amount of the premium which such  | 
| 183 | employee has agreed to pay for such insurance and to pay or  | 
| 184 | remit same directly to the insurance company issuing such group  | 
| 185 | insurance. | 
| 186 |      (4)  The participation in such group insurance by any  | 
| 187 | employee shall be entirely voluntary at all times. Any employee  | 
| 188 | may upon any payday withdraw or retire from such group insurance  | 
| 189 | plan upon giving his or her employer written notice thereof and  | 
| 190 | directing the discontinuance of deductions from wages in payment  | 
| 191 | of such premiums. | 
| 192 |      Section 3.  The provisions of this act shall be liberally  | 
| 193 | construed in order to effectively carry out the purposes of this  | 
| 194 | act in the interest of the public health, welfare, and safety of  | 
| 195 | the citizens served by the district. | 
| 196 |      Section 4.  It is declared to be the intent of the  | 
| 197 | Legislature that if any section, subsection, sentence, clause,  | 
| 198 | phrase, or portion of this act is for any reason held invalid or  | 
| 199 | unconstitutional by any court of competent jurisdiction, such  | 
| 200 | portion shall be deemed a separate, distinct, and independent  | 
| 201 | provision, and such holding shall not affect the validity of the  | 
| 202 | remaining portions hereof. | 
| 203 |      Section 5.  Chapter 71-839, Laws of Florida, is repealed. | 
| 204 |      Section 6.  This act shall take effect upon becoming a law. |