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. |