HB 1153

1
A bill to be entitled
2An act relating to Pasco County Mosquito Control District,
3Pasco County; ratifying and confirming the creation of
4Pasco County Mosquito Control District pursuant to chapter
5390, Florida Statutes (1951), as an independent mosquito
6control district; providing for a special act charter for
7the district pursuant to section 189.429, Florida
8Statutes; providing legislative intent; providing for
9applicability of chapters 388 and 189, Florida Statutes,
10and other general laws; providing for district boundaries;
11providing for officers, powers, rules, and a district
12budget; providing for liability and group insurance;
13providing construction; providing for severability;
14repealing chapter 71-839, Laws of Florida, relating to
15salary of board members; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Creation and intent.--Upon this act becoming
20law, the creation of Pasco County Mosquito Control District,
21formerly West Pasco County Mosquito Control District, as an
22independent special district pursuant to chapter 390, Florida
23Statutes (1951), shall be ratified and confirmed. It is the
24intent of the Legislature in enacting this law to provide a
25single, codified, comprehensive special act charter for the
26district in accordance with section 189.429, Florida Statutes.
27The district shall operate as an independent special district
28pursuant to this special act and the provisions of chapter 388,
29Florida Statutes, and all other general law applicable to
30independent special districts. It is the intent of this act to
31preserve all existing district authority as it may be modified
32pursuant to the provisions of chapter 388, Florida Statutes,
33this act, and applicable general law.
34     Section 2.  The charter for Pasco County Mosquito Control
35District is re-created and reenacted to read:
36     Section 1.  Minimum charter requirements.--In accordance
37with section 189.404(3), Florida Statutes, the following
38subsections shall comprise the minimum required charter
39provisions for Pasco County Mosquito Control District:
40     (1)  The district is organized and exists for all purposes
41set forth in this act and chapter 388, Florida Statutes.
42     (2)  The powers, functions, and duties of the district
43regarding ad valorem taxation, non-ad valorem assessments, bond
44issuance, other revenue-raising capabilities, budget preparation
45and approval, liens, foreclosure of liens, use of tax deeds and
46tax certificates, and contractual agreements shall be as set
47forth in chapters 170, 189, 197, 200, and 388, Florida Statutes,
48this act, or any other applicable general or special law.
49     (3)  The district was created by the petition process
50formerly provided for in chapter 390, Florida Statutes (1951),
51and now continued in chapter 388, Florida Statutes.
52     (4)  The district's charter may be amended only by special
53act of the Legislature, unless otherwise provided by chapter 189
54or chapter 388, Florida Statutes.
55     (5)  In accordance with section 388.101(1), Florida
56Statutes, the district is governed by a three-member board. By
57resolution dated March 8, 1993, the board elected to stagger the
58members' terms of office pursuant to section 388.101(3), Florida
59Statutes. Therefore, upon this act becoming law, one board
60member shall be elected in the 2006 general election and two
61board members in the 2008 general election. Thereafter, each
62election shall be for a term of 4 years. The membership and
63organization of the board shall be as set forth in this act and
64chapter 388, Florida Statutes.
65     (6)  Board members may be paid a salary in accordance with
66this act and chapter 388, Florida Statutes. Pursuant to section
67112.08, Florida Statutes, board members may receive benefits,
68such as medical insurance or accidental death and dismemberment
69insurance, in addition to the maximum salary allowed under
70general law. Each additional benefit shall be granted by
71unanimous resolution of the district with all members present.
72     (7)  The administrative duties of the board of
73commissioners shall be as set forth in this act and chapter 388,
74Florida Statutes.
75     (8)  Requirements for financial disclosure, meeting
76notices, reporting, public records maintenance, and per diem
77expenses for officers and employees shall be as set forth in
78chapters 112, 189, 286, and 388, Florida Statutes.
79     (9)  The procedures and requirements governing the issuance
80of bonds, notes, and other evidence of indebtedness by the
81district shall be as set forth in chapters 189 and 388, Florida
82Statutes, and applicable general laws.
83     (10)  The procedures for conducting district elections and
84for qualification of electors shall be pursuant to chapters 189
85and 388, Florida Statutes, and applicable general laws.
86     (11)  The district may be financed by any method
87established in this act, chapter 189 or chapter 388, Florida
88Statutes, or any applicable general laws.
89     (12)  Pursuant to section 388.221, Florida Statutes, the
90district's authority to levy upon all of the personal and real
91taxable property in the district a special tax during each year
92as maintenance tax is preserved.
93     (13)  The method for collecting non-ad valorem assessments,
94fees, service charges, or state matching funds shall be as set
95forth in chapters 170, 197, and 388, Florida Statutes.
96     (14)  The district's planning requirements shall be as set
97forth in chapters 189 and 388, Florida Statutes.
98     (15)  The district's geographic boundary limitations shall
99be coterminous with the boundaries of Pasco County as defined in
100section 7.51, Florida Statutes, and may be amended pursuant to
101section 388.211, Florida Statutes.
102     Section 2.  Officers; board compensation; bond; vacancies;
103meetings; director.--
104     (1)  In accordance with section 388.121, Florida Statutes,
105the elected members of the board shall meet as soon as
106practicable after their election and shall organize by electing
107from among their number a chair, a secretary, and a treasurer.
108Two members of the board shall constitute a quorum. The vote of
109two members shall be necessary to transact business.
110     (2)  The commissioners shall receive reimbursement for
111actual expenses incurred while performing the duties of their
112offices in accordance with general law governing per diem for
113public officials.
114     (3)  Pursuant to section 388.131, Florida Statutes, each
115commissioner may be required by the Department of Agriculture
116and Consumer Services to give a bond before he or she assumes
117office. The bond shall be conditioned upon the faithful
118performance of the duties of the commissioner's office.
119     (4)  In accordance with section 388.111, Florida Statutes,
120a vacancy on the board shall be filled by appointment by the
121Commissioner of Agriculture for the unexpired term.
122     (5)  Pursuant to section 388.151, Florida Statutes, the
123board shall hold, in the county courthouse or in the district
124offices, regular monthly meetings and special meetings as
125needed. The time and place of such regular meetings shall be on
126file in the office of the board.
127     (6)  The district shall be administered by a qualified
128person who shall meet any minimum qualifications established by
129the Department of Agriculture and Consumer Services for such a
130position in accordance with section 388.162, Florida Statutes.
131     Section 3.  Powers.--
132     (1)  The board shall have all powers and duties set forth
133in this act and chapter 388, Florida Statutes. Such powers and
134duties include any and all things necessary for the control and
135elimination of all species of mosquitoes and other arthropods of
136public health importance, as well as all powers of a body
137corporate.
138     (2)  The board may have any and all work performed by
139machinery, equipment, and labor employed directly by the board
140pursuant to sections 388.171 and 255.20, Florida Statutes.
141     (3)  In accordance with section 388.191, Florida Statutes,
142the board may hold, control, and acquire by gift or purchase for
143the use of the district any real or personal property and may
144condemn any land or easements needed for the purposes of said
145district. The board may exercise the right of eminent domain and
146institute and maintain condemnation proceedings as provided in
147chapter 73, Florida Statutes.
148     Section 4.  Rules.--Pursuant to section 388.161(2), Florida
149Statutes, the board shall adopt rules not inconsistent with this
150act or chapter 388, Florida Statutes, which in its judgment may
151be necessary for the proper enforcement of chapter 388, Florida
152Statutes, provided such rules are approved by the Department of
153Agriculture and Consumer Services.
154     Section 5.  District budget.--For the purposes of carrying
155out this act, the board shall annually prepare, consider, and
156adopt a district budget pursuant to the applicable requirements
157of chapters 189 and 388, Florida Statutes.
158     Section 6.  Liability insurance.--In addition to all other
159powers granted it by law, the Pasco County Mosquito Control
160District, acting by and through its duly qualified board of
161commissioners, shall have the power to purchase and pay for
162liability insurance as a legitimate public expenditure without,
163however, waiving its right to defend any action filed against it
164on the grounds of sovereign immunity should it choose to
165exercise such right.
166     Section 7.  Group insurance.--
167     (1)  Pasco County Mosquito Control District shall be and is
168hereby authorized, empowered, and permitted to provide for life,
169health, accident, hospitalization, or annuity insurance or all
170of any kinds of such insurance for the employees thereof upon a
171group insurance plan and to that end to enter into agreement
172with insurance companies to provide such insurance. The Pasco
173County Mosquito Control District shall be authorized to
174contribute to the cost of any such insurance.
175     (2)  The election to exercise such authority shall be
176evidenced by resolution duly recorded in the official minutes
177adopted by the board of the Pasco County Mosquito Control
178District.
179     (3)  Upon the request in writing of any employee, the
180public officials of the Pasco County Mosquito Control District
181are hereby authorized and empowered to deduct from the wages of
182such employee periodically the amount of the premium which such
183employee has agreed to pay for such insurance and to pay or
184remit same directly to the insurance company issuing such group
185insurance.
186     (4)  The participation in such group insurance by any
187employee shall be entirely voluntary at all times. Any employee
188may upon any payday withdraw or retire from such group insurance
189plan upon giving his or her employer written notice thereof and
190directing the discontinuance of deductions from wages in payment
191of such premiums.
192     Section 3.  The provisions of this act shall be liberally
193construed in order to effectively carry out the purposes of this
194act in the interest of the public health, welfare, and safety of
195the citizens served by the district.
196     Section 4.  It is declared to be the intent of the
197Legislature that if any section, subsection, sentence, clause,
198phrase, or portion of this act is for any reason held invalid or
199unconstitutional by any court of competent jurisdiction, such
200portion shall be deemed a separate, distinct, and independent
201provision, and such holding shall not affect the validity of the
202remaining 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.


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