Senate Bill sb2672
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Florida Senate - 2005 (NP) SB 2672
By Senator Haridopolos
26-1152-05 See HB 1079
1 A bill to be entitled
2 An act relating to the Merritt Island Public
3 Library District, Brevard County; codifying,
4 amending, reenacting, and repealing chapters
5 65-1289, 72-477, 76-330, 82-263, and 94-449,
6 Laws of Florida, relating to the district;
7 providing boundaries; providing for appointment
8 of a library board; prescribing its duties,
9 powers, and authority; providing for raising
10 funds by taxation; providing a method of
11 levying, collecting, and disbursing such funds;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Pursuant to section 189.429, Florida
17 Statutes, this act constitutes the codification of all special
18 acts relating to the Merritt Island Public Library District.
19 It is the intent of the Legislature in enacting this law to
20 provide a single, comprehensive special act charter for the
21 Merritt Island Public Library District, including all current
22 legislative authority granted to the Merritt Island Public
23 Library District by its several legislative enactments and
24 additional authority granted by this act.
25 Section 2. Chapters 65-1289, 72-477, 76-330, 82-263,
26 and 94-449, Laws of Florida, are codified, amended, reenacted,
27 and repealed as herein provided.
28 Section 3. The Merritt Island Public Library District
29 is re-created and reenacted to read:
30 Section 1. All that part of Merritt Island, Florida,
31 bounded and as described as:
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Florida Senate - 2005 (NP) SB 2672
26-1152-05 See HB 1079
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2 All that part of Merritt Island, lying South of
3 the southerly boundary line of the Merritt
4 Island Launching area, National Aeronautics and
5 Space Administration, and bounded on the East
6 by the waters of the Banana River, and on the
7 West by the waters of the Indian River,
8 excepting therefrom the lands of the Port
9 Canaveral Authority,
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11 is created into a library district to be known as the Merritt
12 Island Public Library District, hereinafter referred to as
13 "the district."
14 Section 2. The Governor is authorized to appoint
15 fifteen residents of the district as the Merritt Island
16 library district board, hereinafter referred to as the
17 "library board." The members of the library board shall,
18 subject to the following, serve terms of 3 years each, unless
19 removed for cause by the Governor. The first library board,
20 however, shall consist of five members appointed for 3 years,
21 five members appointed for 2 years, and five members appointed
22 for 1 year. Subsequent appointments or reappointments shall be
23 for a period of 3 years. The library board members shall
24 receive no compensation and must reside within the area
25 designated in section 1. The library board members shall be
26 appointed by the Governor and assume their duties within a
27 reasonable time after this act becomes a law.
28 Section 3. Within 10 days after the appointment and
29 qualifications of the members of the library board, the
30 members shall meet and elect from their number a chair, first
31 vice chair, second vice chair, recording secretary,
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Florida Senate - 2005 (NP) SB 2672
26-1152-05 See HB 1079
1 corresponding secretary, and treasurer, provided, however,
2 that the same member may be both secretary and treasurer.
3 Section 4. The library board shall meet each year and
4 prepare a budget of proposed expenditures for the ensuing
5 year. The meeting must be held on a date that conforms to, and
6 does not conflict with, the requirements of section 200.065,
7 Florida Statutes. Each year, a public hearing within the
8 district must also be held after notice has been published at
9 least once, to give residents living within the district an
10 opportunity to review the proposed budget. The budget shall be
11 funded by the imposition of a tax not to exceed one-half of 1
12 mill on the real and tangible personal property with the
13 district less all such property exempt from taxation by the
14 constitution or statutes of the state, and the use thereof
15 shall be limited to the library purposes within the district.
16 If, at the public hearing, a request for a rehearing is made
17 and granted, the rehearing must be held on a date that
18 conforms to, and does not conflict with, the requirements of
19 section 200.065, Florida Statutes.
20 Section 5. The adoption by the library board of an
21 annual budget for the library district pursuant to section 4
22 shall be accepted by the Brevard County board of commissioners
23 and/or the Brevard County Tax Assessor and a millage
24 assessment on the real and tangible personal property within
25 the library district shall be made in order to produce the
26 requirements set forth in said budget, provided, however, that
27 in no event shall the assessment be in excess of one-half of 1
28 mill. The tax receipts shall be limited for library purposes
29 within the district.
30 Section 6. The library board shall constitute a body
31 politic and body corporate; it shall have perpetual existence;
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Florida Senate - 2005 (NP) SB 2672
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1 it shall adopt and use a common seal and may alter the same;
2 it may contract and be contracted with; and it may sue and be
3 sued in its corporate name. It shall have the additional
4 powers by grant, purchase, lease, devise, gift, or bequest, or
5 in any other manner, real property, personal property, or any
6 estate or interest therein, and to improve, maintain, sell,
7 lease, mortgage, or otherwise encumber the same, or any part
8 thereof, or any interest therein, upon such terms and
9 conditions as the board shall fix and determine, and said
10 determination shall be deemed conclusive, except in case of
11 fraud or gross abuse of discretion; and to plan, build,
12 construct, repair, fix, purchase, sell, mortgage, encumber,
13 furnish, equip, supply, operate, manage, maintain, and conduct
14 a library, and any facilities, buildings, and structures
15 related to and customarily used, conducted, or operated in
16 conjunction with a library.
17 Section 7. Warrants for the payment of labor,
18 equipment, property, or other expenses of the library board,
19 and in carrying into effect this act and its purposes, shall
20 be payable by the treasurer of the library board on accounts
21 and vouchers in the manner approved by the library board.
22 Section 8. (1) If taxes as provided for shall have
23 been collected by the tax collector of Brevard County, he or
24 she shall, on or before the 10th day of each month, report to
25 the secretary of the board the collections made for the
26 preceding month and remit the same to the treasurer of the
27 library board and take a receipt for the same from the
28 treasurer. The tax collector shall be relieved from all other
29 liability as to the amount paid the treasurer of the library
30 board.
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Florida Senate - 2005 (NP) SB 2672
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1 (2) The taxes provided for shall be assessed and
2 collected in the same manner and form as provided for the
3 assessment and collection of county taxes and a reasonable
4 charge may be made by the tax assessor and the tax collector
5 for assessing and collecting the same.
6 Section 9. The chair and treasurer of the library
7 board, when entering upon their duties, shall give a
8 sufficient bond to the Governor in the sum of $10,000 each for
9 the faithful performance of their duties. The premium for the
10 bonds shall be paid by the district. The library board shall
11 designate a depository or depositories for the funds of the
12 library board and shall establish by resolution of the library
13 board the method and authority under which such funds may be
14 withdrawn from such depository or depositories; however, no
15 fewer than two signatures are required on any checks drawn on
16 the funds of the library board and one signature must be that
17 of either the treasurer or the chair.
18 Section 10. The treasurer shall, before April 11 of
19 each year, make his or her semiannual report of the receipt
20 and expenditures of the funds of the district to the library
21 board. Before October 11 of each year, the treasurer shall
22 make his or her annual report of receipts and expenditures of
23 the funds of the district to the library board. The reports
24 shall be in writing, setting forth the amount of money
25 received, from whom received, itemized amounts of
26 expenditures, and to whom paid and for what payment is made.
27 At the time of making the report to the library board the
28 treasurer shall also file a copy of the report with the Board
29 of County Commissioners of Brevard County.
30 Section 11. This act shall be liberally construed to
31 promote the purposes for which it is intended.
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Florida Senate - 2005 (NP) SB 2672
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1 Section 12. In the event that any part of this act
2 shall be held void for any reason, the determinations shall
3 not affect any other part thereof.
4 Section 13. The library board shall keep accurate
5 minutes of its meetings and proceedings, and the minutes shall
6 be open to public inspection at all reasonable times at the
7 premises or office of the library board. All meetings of the
8 library board shall be open to the public and all meetings
9 shall be held within the district.
10 Section 14. Under the authority of s. 2, Art. XII, and
11 s. 9(b), Art. VII, of the State Constitution, the provisions
12 of sections 200.071, 200.091, and 200.141, Florida Statutes,
13 are hereby declared to be inapplicable to the Merritt Island
14 Public Library District, and said statutory provisions shall
15 not affect the power of the Merritt Island Public Library
16 District to levy, assess, collect, and enforce ad valorem
17 taxes as provided under all general, special, or local laws
18 relating to said district.
19 Section 15. Nothing contained herein is to be
20 construed or interpreted to affect the authority of Brevard
21 County to levy 10 mills on the dollar of assessed value for
22 county purposes as authorized under Section 9(b), Article VII
23 of the State Constitution and section 200.071, Florida
24 Statutes, or to affect the authority of Brevard County to
25 continue at a greater rate of taxation in excess of 10 mills
26 for county purposes as provided in section 200.071(3) and
27 section 200.091, Florida Statutes, providing for counties to
28 continue to levy millage at a greater rate of taxation in
29 excess of 10 mills for county purposes.
30 Section 4. Chapters 65-1289, 72-477, 76-330, 82-263,
31 and 94-449, Laws of Florida, are repealed.
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Florida Senate - 2005 (NP) SB 2672
26-1152-05 See HB 1079
1 Section 5. This act shall take effect upon becoming a
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