| 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 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 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. |