Senate Bill sb2678

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (NP)                      SB 2678

    By Senator Saunders





    37-800A-05                                         See HB 1381

  1                      A bill to be entitled

  2         An act relating to Lee County; creating the

  3         Sanibel Public Library District, an independent

  4         special district for public library purposes in

  5         the county; providing legislative intent;

  6         providing a charter for the district; fixing

  7         boundaries of the district; providing powers;

  8         providing for a governing body, officers,

  9         budget and taxing authority, and indebtedness;

10         providing for planning; providing for

11         construction and severability; providing for a

12         referendum; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  District establishment.--For the purposes

17  of providing public library services; the assessment, levy,

18  and collection of taxes, non-ad valorem assessments, and fees;

19  the operation of district facilities and services; and all

20  other purposes stated in this act consistent with chapter 189,

21  Florida Statutes, and other applicable general law, an

22  independent special district is hereby created and established

23  in Lee County, to be known as the Sanibel Public Library

24  District.

25         Section 2.  Name.--The name of the district shall be

26  the Sanibel Public Library District.

27         Section 3.  Boundaries.--

28         (1)  The boundaries of the lands to be included within

29  the district are those that are coterminous with the

30  boundaries of the City of Sanibel, Lee County, as such city's

31  

                                  1

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1  boundaries are set forth in chapter 74-606, Laws of Florida,

 2  as amended by chapter 89-402, Laws of Florida.

 3         (2)  The boundaries of the district may be modified,

 4  extended, or enlarged upon approval or ratification by the

 5  Legislature.

 6         Section 4.  Powers.--The district shall have, and the

 7  board may exercise by majority vote, all powers that an

 8  independent special district is authorized by law to have,

 9  specifically including, without limitation, all powers set

10  forth in chapter 189, Florida Statutes, and in chapter 257,

11  Florida Statutes, to the extent applicable. Without limiting

12  any general or special powers otherwise granted by law, the

13  district shall have the power to establish and maintain one or

14  more public library facilities and to provide all services as

15  are customary for public libraries to provide; to sue and be

16  sued; to enter into agreements or compacts; to impose taxes,

17  assessments, and impact and user fees; to lease or purchase

18  real and personal property; to borrow money and to issue

19  bonds, notes, and evidence of indebtedness; to apply for and

20  receive grants; to accept donations; and to employ such

21  personnel and engage services of such persons as are deemed

22  necessary for the proper function and operation of the

23  district.

24         Section 5.  Governing body; elections; vacancies; no

25  compensation; oath; bond.--

26         (1)  The district shall be governed by a board of seven

27  commissioners who shall be qualified electors residing within

28  the district, be elected by the qualified electors residing

29  within the district, and serve terms of 4 years each or until

30  a successor takes office. Terms shall be staggered, with three

31  commissioners elected in one election cycle and four

                                  2

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1  commissioners elected in the other election cycle. In the

 2  initial election, to be conducted by the Lee County Supervisor

 3  of Elections within 120 days after approval of the referendum

 4  in section 12, the three commissioners receiving the highest

 5  number of votes shall be elected to the initial 4-year terms

 6  ending in 2010 and the other four commissioners elected shall

 7  be elected to the initial 2-year terms ending in 2008.

 8  Candidates shall qualify in accordance with chapter 189,

 9  Florida Statutes, and with the Florida Election Code. Terms

10  shall commence on the 7th day after the election.

11         (2)  Elections shall be on the first Tuesday after the

12  first Monday in November unless otherwise required by law or

13  by action of the Lee County Supervisor of Elections pursuant

14  to law.

15         (3)  Elections shall be on a nonpartisan basis.

16         (4)  If a vacancy occurs on the board for any reason,

17  the remaining commissioners may appoint a qualified person to

18  fill the seat until the next general election, at which time

19  an election shall be held to fill the vacancy for the

20  remaining term, if any.

21         (5)  Commissioners shall continue to serve without

22  compensation, but shall be entitled to payment or

23  reimbursement of actual and necessary expenses incurred in

24  performance of their duties, to the extent authorized by board

25  bylaws. Any future provision for payment of any salary or

26  honorarium shall be determined in accordance with and subject

27  to limitations set forth in general law.

28         (6)  Each commissioner shall, upon assuming office,

29  take and subscribe to the oath of office prescribed by s.

30  5(b), Art. II of the State Constitution and section 876.05,

31  Florida Statutes.

                                  3

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1         (7)  Each commissioner, within 30 days after assuming

 2  office, must give the Governor a good and sufficient surety

 3  bond in the sum of $5,000, and the treasurer the sum of

 4  $10,000, or as otherwise may be required by law, the cost

 5  thereof being borne by the district, conditioned on his or her

 6  faithful performance of his or her duties of office.

 7         Section 6.  Officers; bylaws; removal; disbursements;

 8  records; open meetings; quorum.--

 9         (1)  The commissioners, within 14 days after election,

10  and annually in the same month, shall organize by electing

11  from their number a chair, a vice chair, a secretary, and a

12  treasurer. The same commissioner may be both secretary and

13  treasurer. The board shall adopt bylaws to provide policies

14  and procedures for conducting its business and exercising its

15  powers granted herein. The bylaws shall define excused and

16  unexcused absences. The board shall remove any commissioner

17  who has three consecutive, unexcused absences from regularly

18  scheduled meetings.

19         (2)  Funds of the district may be disbursed only upon

20  the order or pursuant to resolution or action of the board or

21  by warrant or check signed by the treasurer or other person or

22  persons authorized by the board. However, a petty cash account

23  may be authorized by the board. The board may give the

24  treasurer additional powers and duties that it deems

25  appropriate.

26         (3)  The board, through its secretary, shall keep a

27  permanent record book entitled "Record of Proceedings of

28  Sanibel Public Library District" in which the minutes of all

29  meetings, resolutions, proceedings, certificates, bonds given

30  by commissioners, and corporate acts shall be recorded. The

31  record book shall be open to inspection in the same manner as

                                  4

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1  state, county, and municipal records are open under chapter

 2  119, Florida Statutes. The record book shall be kept at the

 3  office or other regular place of business maintained by the

 4  board within the district. All meetings of the board shall be

 5  open to the public as may be required by chapters 189 and 286,

 6  Florida Statutes, and other applicable general law.

 7         (4)  Unless otherwise required by law, a majority of

 8  commissioners in office shall constitute a quorum for the

 9  conduct of business. Action may be taken only by a majority

10  vote of a quorum present.

11         Section 7.  Fiscal year; budget; millage; taxes;

12  assessments.--The fiscal year begins on October 1 of each year

13  and extends until September 30 of the ensuing year.

14         (1)  The board shall annually prepare, consider, and

15  adopt a district budget pursuant to the applicable

16  requirements of chapter 200, Florida Statutes, for purposes of

17  providing funds for the district.

18         (2)  The board shall fix and cause to be levied on all

19  taxable property of the district a millage sufficient to meet

20  the requirements of the budget. The millage rate shall not

21  exceed 1 mill per year, except as otherwise provided by

22  general law. All taxes shall be levied, assessed, and

23  collected in the same manner as county taxes.

24         (3)  Non-ad valorem assessments and user and impact

25  fees shall be levied and collected in accordance with

26  applicable provisions of general law.

27         (4)  It is the intent of the Legislature that during

28  the first fiscal year of operation and until the district is

29  able to adopt its own millage and budget, funding shall

30  continue to be provided through the library's current funding

31  mechanisms, and nothing herein is intended to prohibit Lee

                                  5

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1  County from including the district in its library taxing

 2  district for such first fiscal year. Additionally, without

 3  limiting its general powers, the district shall have full

 4  power to borrow money and to accept property or funds

 5  necessary for the operation of the district until such time as

 6  the district is able to adopt its own millage and budget and

 7  to raise its own revenues.

 8         Section 8.  Indebtedness; use of funds.--

 9         (1)  The district may incur debt and issue bonds or any

10  other evidences of indebtedness as provided and to the extent

11  limited by s. 12, Art. VII of the State Constitution and

12  chapter 189, Florida Statutes.

13         (2)  Funds of the district may be used for any purpose

14  of the district in accordance with this charter and with

15  provisions of any other applicable general laws and special

16  acts.

17         (3)  The district is specifically authorized to expend

18  funds to purchase, lease, own, and maintain one or more public

19  libraries within the district's jurisdiction; to construct one

20  or more public library facilities as the board deems necessary

21  in the exercise of its powers; and to dispose of surplus real

22  or personal property and to enter into interlocal agreements

23  or other arrangements to assist in achievement of the powers

24  and purposes of the district.

25         Section 9.  Plan.--The district shall adopt a 5-year

26  plan to identify the facilities, equipment, personnel, and

27  revenue needed by the district over the next 5-year period.

28  The plan shall be updated in accordance with section 189.415,

29  Florida Statutes, and such plan satisfies the requirement for

30  a public facilities report required by section 189.415(2),

31  Florida Statutes.

                                  6

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






    Florida Senate - 2005        (NP)                      SB 2678
    37-800A-05                                         See HB 1381




 1         Section 10.  This act shall be construed as remedial

 2  and shall be liberally construed to promote the purpose for

 3  which it is intended.

 4         Section 11.  It is declared to be the intent of the

 5  Legislature that if any section, subsection, sentence, clause,

 6  phrase, or portion of this act is held invalid or

 7  unconstitutional for any reason, by any court of competent

 8  jurisdiction, such holding shall not affect the validity of

 9  the remaining portions hereof.

10         Section 12.  This act shall take effect upon approval

11  by a majority vote of those qualified electors of Lee County

12  voting in a referendum to be conducted by the Lee County

13  Supervisor of Elections in conjunction with the next general

14  election or at an earlier date that the Lee County Supervisor

15  of Elections may be able to conduct an election by mail ballot

16  or otherwise, in accordance with the provisions of law

17  relating to elections currently in force in the district,

18  except that this section shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  7

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