HB 1207

1
A bill to be entitled
2An act relating to Indian River Mosquito Control District,
3Indian River County; codifying, amending, reenacting, and
4repealing special acts relating to the district; fixing
5and prescribing the boundaries of said district; providing
6for the government and administration of the district;
7naming the commissioners thereof and providing for
8election of their successors; providing and defining the
9powers and purposes of such district and of the board of
10commissioners thereof; authorizing and empowering said
11board to construct and maintain canals, ditches, drains,
12and dikes and to fill depressions, lakes, ponds, or
13marshes in order to eliminate breeding places of
14mosquitoes and sandflies and to control and eradicate
15mosquitoes and sandflies; providing for spraying or
16otherwise disbursing substances and materials over the
17area of such district for the purpose of controlling and
18eradicating mosquitoes and sandflies and diseases
19transmitted by the same; authorizing said board to do any
20and all acts or things necessary for the control and
21complete elimination of mosquitoes and sandflies in said
22district; authorizing and providing for the levy and
23collection of taxes upon all the real and personal taxable
24property in said district for carrying out the purposes of
25this act; authorizing the borrowing by the board of
26commissioners of said district in any one tax year of a
27sum not to exceed 80 percent of the estimated taxes to be
28collected on behalf of said district within such year and
29to evidence the indebtedness represented by any money so
30borrowed by written obligation of the district and
31providing for the payment of interest thereon and for the
32repayment thereof prior to the borrowing of any further
33sums in any subsequent year; limiting the amount of taxes
34that may be so levied by said board upon the taxable
35property within such district; prohibiting injury to any
36works controlled under or in pursuance of this act, to be
37punishable as provided by general law; legalizing and
38validating the acts of the Indian River Mosquito Control
39District herewith abolished and making all contracts of
40said Indian River Mosquito Control District so abolished
41binding upon the new Indian River Mosquito Control
42District; authorizing and prescribing generally the powers
43and duties of the Board of Commissioners of said new
44Indian River Mosquito Control District; providing for
45severability; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  (1)  The reenactment of existing law in this
50act shall not be construed as a grant of additional authority to
51nor to supersede the authority of the district pursuant to law.
52Exceptions to law contained in any special act that are
53reenacted pursuant to this act shall continue to apply.
54     (2)  The reenactment of existing law in this act shall not
55be construed to modify, amend, or alter any covenants,
56contracts, or other obligations of the district with respect to
57bonded indebtedness. Nothing pertaining to the reenactment of
58existing law in this act shall be construed to affect the
59ability of the district to levy and collect taxes, assessments,
60fees, or charges for the purpose of redeeming or servicing
61bonded indebtedness of the district.
62     Section 2.  Chapters 11128 (1925), 14381 (1929), 20114
63(1939), 20494 (1941), 21048 (1941), 24600 (1947), 61-2278, 63-
641433, 73-497, 76-388, 78-531, and 91-337, Laws of Florida, are
65codified, reenacted, amended, and repealed as provided in this
66act.
67     Section 3.  The Indian River Mosquito Control District is
68re-created, and the charter for such district is re-created and
69reenacted to read:
70     Section 1.  The Indian River Mosquito Control District is
71re-created, and the special taxing district now existing and
72known and designated as Indian River Mosquito Control District,
73as created and incorporated by chapter 11128 (1925), Laws of
74Florida, as amended, is hereby abolished, and a new special
75taxing district in Indian River County, to be known and
76designated as Indian River Mosquito Control District, is hereby
77created, established, and incorporated to succeed said former
78special taxing district known and designated as Indian River
79Mosquito Control District, and which new special taxing district
80hereby created and incorporated, to be known as Indian River
81Mosquito Control District, shall embrace and include all that
82territory and area situated and being in Indian River County,
83within the following territorial boundaries, to wit:
84
85All that part of Indian River County, Florida, lying
86East of the following described line:
87
88Beginning at the South one-quarter corner of Section
8936, Township 33 South, Range 36 East, said point lying
90on the South Township line and the South boundary line
91of Indian River County, a political subdivision of the
92State of Florida; thence run North along the one-
93quarter Section lines of Sections 36 and 25, Township
9433 South, Range 36 East to the North line of Section
9525, Township 33 South, Range 36 East; thence run East
96along said North line of Section 25, Township 33
97South, Range 36 East to the Northeast corner of
98Section 25, said point lying on the Range line of
99Ranges 36 and 37; thence run North along the Range
100line to the intersection of the North right-of-way of
101State Road 60; thence run East along the said North
102right-of-way a distance of 732.15 feet to the East
103right-of-way of Lateral "S" Canal as shown on the plat
104of the Fellsmere Farms Company Subdivision of the
105Unsurveyed Township 32 South, Range 37 East, as
106recorded in Plat Book 2, Page 8, St. Lucie County
107Public Records; thence run North along said East
108right-of-way of Lateral "S" Canal to the intersection
109of the North boundary line of said Indian River County
110and the point of ending.
111
112All of which lands hereinabove described and the owners thereof
113shall be entitled to all benefits and subject to all burdens and
114obligations as prescribed and set forth herein.
115     Section 2.  The governing body of said Indian River
116Mosquito Control District shall be known and designated as the
117"Board of Commissioners of Indian River Mosquito Control
118District." Said governing body shall be composed of three
119members, and, until the next election, the following named
120persons shall be and are hereby designated to compose the Board
121of Commissioners of said Indian River Mosquito Control District:
122Janice Broda, David Foster, and Keith D. Hedin. Said governing
123body shall have all the powers of a body corporate, including
124the power to sue and be sued as a corporation in said name in
125any court; to contract; to adopt and use a common seal and alter
126the same at pleasure; to purchase, hold, lease, and convey such
127real estate and personal property as said board may deem proper
128to carry out the purposes of this act; to appoint a chief
129engineer, a consulting engineer, and an attorney for said board
130and such other agents and employees as said board may require;
131to borrow money and to issue negotiable promissory notes or
132bonds therefor; and to enable it to carry out the provisions of
133this act. The persons herein named and designated shall serve as
134commissioners of said Indian River Mosquito Control District
135until their successors are elected and qualified. After 2000,
136and in subsequent general elections, the commissioners shall be
137elected in a nonpartisan election for 4-year terms so that one
138commissioner is elected at one general election by the highest
139number of votes cast and two commissioners are elected by the
140first and second highest number of votes cast at the next
141ensuing general election.
142     Section 3.  Each commissioner under this act, before he or
143she assumes office, shall be required to give to Indian River
144Mosquito Control District a good and sufficient surety bond in
145the sum of $5,000, conditioned for the faithful performance of
146the duties of his or her office, said bond to be approved by and
147filed with the Clerk of the Circuit Court of Indian River
148County. Said bond shall also be recorded in the minutes of said
149Board of Commissioners of said Indian River Mosquito Control
150District. The failure of any person so elected as commissioner
151of Indian River Mosquito Control District within 30 days after
152his or her election to give bond shall create a vacancy as to
153such commissioner, and such vacancy shall be filled by the
154Governor appointing a person duly qualified to hold such office,
155which manner of filling such office shall obtain in the case of
156resignation, death, or removal from said district of any
157commissioner during his or her term of office. No person shall
158be qualified to hold office as a commissioner under this act
159unless such person shall be a duly qualified elector of said
160district.
161     Section 4.  As soon as practicable after each general
162election, the commissioners of Indian River Mosquito Control
163District, after their qualification as such, shall meet and
164organize by the election, from among their number, of a chair, a
165vice chair, and a secretary. Two members of the board shall
166constitute a quorum. The vote of two members shall be necessary
167to transact business. The chair and vice chair shall vote at all
168meetings of the board.
169     Section 5.  The commissioners under this act shall be paid
170for each day's service and for each mile actually traveled in
171going to and from the office of the Board of Commissioners of
172Indian River Mosquito Control District according to per diem
173compensation expense and mileage rates established from time to
174time for officials and employees of the state. The per diem
175herein provided for shall apply to services rendered for
176inspection of work performed for the district or other services
177under this act. Additionally, commissioners shall be compensated
178for regular duties, as provided by general law or special act,
179at the rate of $400 per month or such greater amount as may be
180permitted by general law or special act.
181     Section 6.  The board is hereby authorized to invest its
182funds from time to time in interest-bearing depositories as
183prescribed by Florida law.
184     Section 7.  Said board is hereby authorized and empowered
185to do any and all things necessary for the control and complete
186elimination of all species of mosquitoes and sandflies and
187diseases transmitted by the same in said district and, for this
188purpose, is hereby authorized and empowered to construct and
189thereafter to maintain canals, ditches, drains, and dikes; to
190fill in all depressions, lakes, and ponds or marshes that are
191the breeding places of mosquitoes and sandflies, insofar as said
192work does not interfere with the water supply of any city or
193community; and to employ engineers, scientists, helpers, and all
194other servants, agents, and employees as may be necessary for
195the purpose of controlling and eliminating all species of
196mosquitoes and sandflies in said district. Said board is hereby
197authorized and empowered to spray or otherwise disburse, or
198cause to be sprayed or otherwise disbursed, chemicals,
199substances, and materials of every nature upon and over the area
200of said district as shall be deemed necessary or desirable for
201the purpose of controlling and eliminating all species of
202mosquitoes and sandflies in said district and, for such
203purposes, may contract for and purchase such chemicals,
204substances, and materials and may contract for the spraying or
205disbursing thereof over the area of said district or may employ
206such agents, servants, and employees for such purpose as the
207commissioners of said district may deem necessary or advisable;
208to do any and all things that may be necessary from the
209standpoint of public health and comfort to control or eliminate
210mosquitoes and sandflies or their larvae in said district; and
211to promulgate such rules and regulations not inconsistent with
212the provisions of this act and with any of the laws of said
213state which, in their judgment, may be necessary for the proper
214carrying into effect and enforcement of this act.
215     Section 8.  Said board shall have power and authority to
216hold, control, and acquire by gift or purchase such real or
217personal property, and to condemn such lands or easements, as
218may be necessary for the carrying out of any of the purposes of
219this act or for the material to be used for any of said purposes
220and for the preservation of the works constructed or to be
221constructed by said board under this act. Said board is
222authorized to exercise the right of eminent domain for the use
223of said district, in the manner prescribed by law, over such
224lands, easements, rights-of-way, riparian rights, and personal
225property that may be necessary for the purpose of said board in
226said construction, and the only prerequisite for the exercise of
227said power of eminent domain shall be the adoption by said board
228of a resolution specifying the property sought to be condemned
229and the purpose for which it is to be used. Said board is
230authorized to sell any real or personal property acquired or
231owned by it when the same shall be determined to be no longer
232useful to or suitable for the purposes of said board.
233     Section 9.  Said board is hereby authorized and empowered
234to purchase goods, supplies, or material for the use of said
235district without the necessity of advertising any notice or
236calling for bids regarding said purchase when the amount to be
237paid therefor by said district does not exceed $10,000 or when
238the goods, supplies, or materials to be purchased are obtainable
239from only one source or supplier.
240     Section 10.  Said board is hereby authorized and empowered
241to levy upon all the real and personal taxable property in said
242district a special tax not exceeding 10 mills on the dollar for
243the year 1947 and for each and every year thereafter, to be used
244solely in carrying out the purposes of this act. Said levy shall
245be made not later than the 15th of July of each year by
246resolution of said board, or a majority thereof, duly entered at
247large upon its minutes. A certified copy of such resolution
248executed in the name of said board by its chair and secretary
249and under its corporate seals shall be delivered or transmitted
250to the Board of County Commissioners of Indian River County, and
251a copy shall be transmitted by mail to the Chief Financial
252Officer not later than August 1 of each year. It shall be the
253duty of the Board of County Commissioners of Indian River County
254to order the property appraiser of said county to assess and the
255collector of said county to collect the amount of said tax so
256assessed by the Board of Commissioners of said district upon all
257the taxable property, real or personal, in said district at the
258rate of taxation adopted by said board for said year, but not
259exceeding 10 mills on the dollar and as specified in said
260resolution, and said levy shall be included in the warrant to
261the tax collector and the property appraiser which is attached
262to the assessment roll of taxes for said county each year. The
263property appraiser shall make such assessment and the tax
264collector shall collect such taxes so levied in the manner as
265other taxes are assessed and collected and shall pay the same
266when collected, within the time and in the manner prescribed by
267law for the payment of other taxes, to the secretary of said
268Board of Commissioners. It shall be the duty of said Chief
269Financial Officer to assess and levy on all the railroad lines
270and railroad property, telegraph lines and telegraph property,
271and telephone lines and telephone property the amount of every
272such levy herewith provided in this section, and as in the case
273of other state and county taxes, and said taxes so levied by the
274Chief Financial Officer shall be collected as provided for other
275similar taxes, and the proceeds thereof shall be remitted to the
276secretary of said board in the same manner as such remittances
277are made in the collection of other taxes. If any such taxes so
278assessed are not paid, the said property shall be sold by said
279tax collector and certificates issued and tax deeds issued in
280the same manner and under the same laws relating to the sales,
281issuance of certificates, and deeds with reference to all other
282state and county taxes. The Board of Commissioners of the Indian
283River Mosquito Control District is herewith authorized to borrow
284in any one tax year a sum not to exceed 80 percent of the
285estimated taxes to be collected on behalf of said district
286within such year and to evidence such loan made to said district
287by its tax anticipation note or notes bearing interest at a rate
288not to exceed 10 percent per annum, and which notes shall be
289payable at a time not greater than 1 year from the date of the
290borrowing of such moneys; the sums so borrowed shall be repaid
291out of the next taxes collected by said district to the extent
292necessary for the repayment thereof, together with such interest
293at a rate not to exceed 6 percent per annum; and no sums shall
294be borrowed as herewith provided in any subsequent year unless
295all moneys so borrowed in any preceding year shall have been
296entirely paid as to both principal and interest.
297     Section 11.  Said board is hereby required to secure and
298keep in force in companies duly authorized to do business in
299Florida insurance covering liability for property damage or
300bodily injury or death resulting therefrom to all persons and
301property by reason of the ownership, maintenance, operation, or
302use of any vehicle, dragline, dredge, tractor, and related
303equipment being used for and in the interest of the purpose of
304said board in amounts not less than $50,000 for bodily injury or
305death resulting therefrom to any one person, and not less than
306$100,000 for bodily injury or death resulting therefrom for any
307one accident, and not less than $25,000 for damage to property.
308     Section 12.  The title to and jurisdiction over all
309property of Indian River Mosquito Control District herewith
310abolished, of every kind, nature, or description, is herewith
311transferred to and vested in the new Indian River Mosquito
312Control District herewith created. All lawful debts or
313obligations of the old Indian River Mosquito Control District
314herewith abolished are herewith made the debts and obligations
315of the new district herewith created, and all claims, demands,
316or credits held by said old district are herewith transferred to
317and made the claims, demands, and credits of said new district.
318No obligation or contract of said old district shall be impaired
319by this act, but rather all obligations or contracts of said old
320district are herewith made the obligations and contracts of the
321new district herewith created. All acts of the Board of
322Commissioners of the old Indian River Mosquito Control District
323herewith abolished and of the agents, servants, and employees of
324said Board of Commissioners of said old district and of said
325district are herewith ratified and confirmed.
326     Section 13.  Whoever shall willfully damage any ditch,
327canal, drain, dike, or other work established or constructed
328under this act or who shall willfully interfere with or injure
329any property, work, or facility established or constructed under
330this act or who shall willfully interfere with the acts of any
331commissioner of said district or any person lawfully authorized
332or employed by the Board of Commissioners of this district in
333carrying out the provisions of this act commits a misdemeanor
334and, upon conviction thereof, shall be punished as provided by
335general law.
336     Section 14.  (1)  The Board of Commissioners of the Indian
337River Mosquito Control District is hereby authorized, empowered,
338and permitted to provide for life, health, accident, and
339hospitalization insurance, or an annuity insurance, or all or
340any of such insurance for employees of said district, for the
341director or assistant director, or for members of said board, or
342for the families of such employees, for the family of the
343director or assistant director, or for the families of the
344members of the board, and to that end to enter into agreements
345with insurance companies to provide such insurance. The election
346to exercise the authority granted by this act shall be evidenced
347by resolution duly recorded in the minutes of the Board of
348Commissioners of Indian River Mosquito Control District.
349     (2)  The Board of Commissioners of Indian River Mosquito
350Control District is authorized to budget from and pay out of
351appropriate funds any portion of the cost of such insurance and
352to deduct from the wages of employees, the director and
353assistant director, and the members of the board who in writing
354make request for such insurance the balance of such cost and to
355pay or remit the same directly to the insurance company issuing
356such insurance.
357     (3)  The participation in such insurance by any employee,
358director or assistant director, or member of said board shall be
359entirely voluntary at all times. Any enrolled member of such
360insurance plan may, upon any pay day, withdraw or retire from
361such plan upon giving the Board of Commissioners written notice
362thereof and directing the discontinuance of deductions from
363wages in payment of such premiums.
364     Section 15.  In case any one or more of the sections or
365provisions of this act or the application of such sections or
366provisions to any situation, circumstance, or person shall for
367any reason be held to be unconstitutional, such
368unconstitutionality shall not affect any other sections or
369provisions to any other situation, circumstance, or person, and
370it is intended that this law shall be construed and applied as
371if such section or provision had not been included herein for
372any unconstitutional application.
373     Section 4.  Chapters 11128 (1925), 14381 (1929), 20114
374(1939), 20494 (1941), 21048 (1941), 24600 (1947), 61-2278, 63-
3751433, 73-497, 76-388, 78-531, and 91-337, Laws of Florida, are
376repealed.
377     Section 5.  This act shall take effect July 1, 2006.


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