| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Lee County; creating the Sanibel Public |
| 7 | Library District, an independent special district for |
| 8 | public library purposes in the county; providing |
| 9 | legislative intent; providing a charter for the district; |
| 10 | fixing boundaries of the district; providing powers; |
| 11 | providing for a governing body, officers, budget and |
| 12 | taxing authority, and indebtedness; providing for |
| 13 | planning; providing for construction and severability; |
| 14 | providing for a referendum; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. District establishment.--For the purposes of |
| 19 | providing public library services; the assessment, levy, and |
| 20 | collection of ad valorem taxes and user fees; the operation of |
| 21 | district facilities and services; and all other purposes stated |
| 22 | in this act consistent with chapter 189, Florida Statutes, and |
| 23 | other applicable general law, an independent special district is |
| 24 | hereby created and established in Lee County, to be known as the |
| 25 | Sanibel Public Library District. |
| 26 | Section 2. Name.--The name of the district shall be the |
| 27 | Sanibel Public Library District. |
| 28 | Section 3. Boundaries.-- |
| 29 | (1) The boundaries of the lands to be included within the |
| 30 | district are those that are coterminous with the boundaries of |
| 31 | the City of Sanibel, Lee County, as such city's boundaries are |
| 32 | set forth in chapter 74-606, Laws of Florida, as amended by |
| 33 | chapter 89-402, Laws of Florida. |
| 34 | (2) The boundaries of the district may be modified, |
| 35 | extended, or enlarged upon approval or ratification by the |
| 36 | Legislature. |
| 37 | Section 4. Powers.--The district shall have, and the board |
| 38 | may exercise by majority vote, all powers that an independent |
| 39 | special district is authorized by law to have, specifically |
| 40 | including, without limitation, all powers set forth in chapter |
| 41 | 189, Florida Statutes, and in chapter 257, Florida Statutes, to |
| 42 | the extent applicable. Without limiting any general or special |
| 43 | powers otherwise granted by law, the district shall have the |
| 44 | power to establish and maintain one or more public library |
| 45 | facilities and to provide all services as are customary for |
| 46 | public libraries to provide; to sue and be sued; to enter into |
| 47 | agreements or compacts; to impose ad valorem taxes and user |
| 48 | fees; to lease or purchase real and personal property; to borrow |
| 49 | money and to issue bonds, notes, and evidence of indebtedness; |
| 50 | to apply for and receive grants; to accept donations; and to |
| 51 | employ such personnel and engage services of such persons as are |
| 52 | deemed necessary for the proper function and operation of the |
| 53 | district. |
| 54 | Section 5. Governing body; elections; vacancies; no |
| 55 | compensation; oath; bond.-- |
| 56 | (1) The district shall be governed by a board of seven |
| 57 | commissioners who shall be qualified electors residing within |
| 58 | the district, be elected by the qualified electors residing |
| 59 | within the district, and serve terms of 4 years each or until a |
| 60 | successor takes office. Terms shall be staggered, with three |
| 61 | commissioners elected in one election cycle and four |
| 62 | commissioners elected in the other election cycle. In the |
| 63 | initial election, to be conducted by the Lee County Supervisor |
| 64 | of Elections within 120 days after approval of the referendum in |
| 65 | section 12, the three commissioners receiving the highest number |
| 66 | of votes shall be elected to the initial 4-year terms ending in |
| 67 | 2010 and the other four commissioners elected shall be elected |
| 68 | to the initial 2-year terms ending in 2008. Candidates shall |
| 69 | qualify in accordance with chapter 189, Florida Statutes, and |
| 70 | with the Florida Election Code. Terms shall commence on the 7th |
| 71 | day after the election. |
| 72 | (2) Elections shall be on the first Tuesday after the |
| 73 | first Monday in November unless otherwise required by law or by |
| 74 | action of the Lee County Supervisor of Elections pursuant to |
| 75 | law. |
| 76 | (3) Elections shall be on a nonpartisan basis. |
| 77 | (4) If a vacancy occurs on the board for any reason, the |
| 78 | remaining commissioners may appoint a qualified person to fill |
| 79 | the seat until the next general election, at which time an |
| 80 | election shall be held to fill the vacancy for the remaining |
| 81 | term, if any. |
| 82 | (5) Commissioners shall continue to serve without |
| 83 | compensation, but shall be entitled to payment or reimbursement |
| 84 | of actual and necessary expenses incurred in performance of |
| 85 | their duties, to the extent authorized by board bylaws. Any |
| 86 | future provision for payment of any salary or honorarium shall |
| 87 | be determined in accordance with and subject to limitations set |
| 88 | forth in general law. |
| 89 | (6) Each commissioner shall, upon assuming office, take |
| 90 | and subscribe to the oath of office prescribed by s. 5(b), Art. |
| 91 | II of the State Constitution and section 876.05, Florida |
| 92 | Statutes. |
| 93 | (7) Each commissioner, within 30 days after assuming |
| 94 | office, must give the Governor a good and sufficient surety bond |
| 95 | in the sum of $5,000, and the treasurer the sum of $10,000, or |
| 96 | as otherwise may be required by law, the cost thereof being |
| 97 | borne by the district, conditioned on his or her faithful |
| 98 | performance of his or her duties of office. |
| 99 | Section 6. Officers; bylaws; removal; disbursements; |
| 100 | records; open meetings; quorum.-- |
| 101 | (1) The commissioners, within 14 days after election, and |
| 102 | annually in the same month, shall organize by electing from |
| 103 | their number a chair, a vice chair, a secretary, and a |
| 104 | treasurer. The same commissioner may be both secretary and |
| 105 | treasurer. The board shall adopt bylaws to provide policies and |
| 106 | procedures for conducting its business and exercising its powers |
| 107 | granted herein. The bylaws shall define excused and unexcused |
| 108 | absences. The board shall remove any commissioner who has three |
| 109 | consecutive, unexcused absences from regularly scheduled |
| 110 | meetings. |
| 111 | (2) Funds of the district may be disbursed only upon the |
| 112 | order or pursuant to resolution or action of the board or by |
| 113 | warrant or check signed by the treasurer or other person or |
| 114 | persons authorized by the board. However, a petty cash account |
| 115 | may be authorized by the board. The board may give the treasurer |
| 116 | additional powers and duties that it deems appropriate. |
| 117 | (3) The board, through its secretary, shall keep a |
| 118 | permanent record book entitled "Record of Proceedings of Sanibel |
| 119 | Public Library District" in which the minutes of all meetings, |
| 120 | resolutions, proceedings, certificates, bonds given by |
| 121 | commissioners, and corporate acts shall be recorded. The record |
| 122 | book shall be open to inspection in the same manner as state, |
| 123 | county, and municipal records are open under chapter 119, |
| 124 | Florida Statutes. The record book shall be kept at the office or |
| 125 | other regular place of business maintained by the board within |
| 126 | the district. All meetings of the board shall be open to the |
| 127 | public as may be required by chapters 189 and 286, Florida |
| 128 | Statutes, and other applicable general law. |
| 129 | (4) Unless otherwise required by law, a majority of |
| 130 | commissioners in office shall constitute a quorum for the |
| 131 | conduct of business. Action may be taken only by a majority vote |
| 132 | of a quorum present. |
| 133 | Section 7. Fiscal year; budget; millage; taxes; fees.--The |
| 134 | fiscal year begins on October 1 of each year and extends until |
| 135 | September 30 of the ensuing year. |
| 136 | (1) The board shall annually prepare, consider, and adopt |
| 137 | a district budget pursuant to the applicable requirements of |
| 138 | chapter 200, Florida Statutes, for purposes of providing funds |
| 139 | for the district. |
| 140 | (2) The board shall fix and cause to be levied on all |
| 141 | taxable property of the district a millage sufficient to meet |
| 142 | the requirements of the budget. The millage rate shall not |
| 143 | exceed one-half of one mill per year, except as otherwise |
| 144 | provided by general law. All taxes shall be levied, assessed, |
| 145 | and collected in the same manner as county taxes. |
| 146 | (3) The board may, by resolution of the board, fix and |
| 147 | collect rates, fees, rentals, fares, or other user fees for |
| 148 | property, facilities, and services made available, furnished, or |
| 149 | to be furnished by the district. |
| 150 | (4) It is the intent of the Legislature that during the |
| 151 | first fiscal year of operation and until the district is able to |
| 152 | adopt its own millage and budget, funding shall continue to be |
| 153 | provided through the library's current funding mechanisms. |
| 154 | Additionally, without limiting its general powers, the district |
| 155 | shall have full power to borrow money and to accept property or |
| 156 | funds necessary for the operation of the district until such |
| 157 | time as the district is able to adopt its own millage and budget |
| 158 | and to raise its own revenues. |
| 159 | Section 8. Indebtedness; use of funds.-- |
| 160 | (1) The district may incur debt and issue bonds or any |
| 161 | other evidences of indebtedness as provided and to the extent |
| 162 | limited by s. 12, Art. VII of the State Constitution and chapter |
| 163 | 189, Florida Statutes. |
| 164 | (2) Funds of the district may be used for any purpose of |
| 165 | the district in accordance with this charter and with provisions |
| 166 | of any other applicable general laws and special acts. |
| 167 | (3) The district is specifically authorized to expend |
| 168 | funds to purchase, lease, own, and maintain one or more public |
| 169 | libraries within the district's jurisdiction; to construct one |
| 170 | or more public library facilities as the board deems necessary |
| 171 | in the exercise of its powers; and to dispose of surplus real or |
| 172 | personal property and to enter into interlocal agreements or |
| 173 | other arrangements to assist in achievement of the powers and |
| 174 | purposes of the district. |
| 175 | Section 9. Plan.--The district shall adopt a 5-year plan |
| 176 | to identify the facilities, equipment, personnel, and revenue |
| 177 | needed by the district over the next 5-year period. The plan |
| 178 | shall be updated in accordance with section 189.415, Florida |
| 179 | Statutes, and such plan satisfies the requirement for a public |
| 180 | facilities report required by section 189.415(2), Florida |
| 181 | Statutes. |
| 182 | Section 10. This act shall be construed as remedial and |
| 183 | shall be liberally construed to promote the purpose for which |
| 184 | it is intended. |
| 185 | Section 11. It is declared to be the intent of the |
| 186 | Legislature that if any section, subsection, sentence, clause, |
| 187 | phrase, or portion of this act is held invalid or |
| 188 | unconstitutional for any reason, by any court of competent |
| 189 | jurisdiction, such holding shall not affect the validity of the |
| 190 | remaining portions hereof. |
| 191 | Section 12. Referendum.--On or before December 1, 2005, |
| 192 | the Lee County Commission shall call and the Supervisor of |
| 193 | Elections of Lee County shall conduct a referendum, in |
| 194 | accordance with the provisions of law relating to elections |
| 195 | currently in force, on the question of whether the Sanibel |
| 196 | Public Library District shall be created by special act of the |
| 197 | Legislature with authority to impose an ad valorem tax at a |
| 198 | rate not to exceed one-half of one mill. |
| 199 | Section 13. This act shall take effect only if a majority |
| 200 | of those qualified electors of the Sanibel Public Library |
| 201 | District voting in a referendum held pursuant to this act |
| 202 | approve the referendum question in accordance with section 12, |
| 203 | except that this section and section 12 shall take effect upon |
| 204 | becoming a law. |