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;
7providing and defining the powers and purposes of such
8district and of the board of commissioners thereof;
9authorizing and empowering said board to construct and
10maintain canals, ditches, drains, and dikes and to fill
11depressions, lakes, ponds, or marshes in order to
12eliminate breeding places of mosquitoes and sandflies and
13to control and eradicate mosquitoes and sandflies;
14providing for spraying or otherwise disbursing substances
15and materials over the area of such district for the
16purpose of controlling and eradicating mosquitoes and
17sandflies and diseases transmitted by the same;
18authorizing said board to do any and all acts or things
19necessary for the control and complete elimination of
20mosquitoes and sandflies in said district; authorizing and
21providing for the levy and collection of taxes upon all
22the real and personal taxable property in said district
23for carrying out the purposes of this act; authorizing the
24borrowing by the board of commissioners of said district
25in any one tax year of a sum not to exceed 80 percent of
26the estimated taxes to be collected on behalf of said
27district within such year and to evidence the indebtedness
28represented by any money so borrowed by written obligation
29of the district and providing for the payment of interest
30thereon and for the repayment thereof prior to the
31borrowing of any further sums in any subsequent year;
32limiting the amount of taxes that may be so levied by said
33board upon the taxable property within such district;
34prohibiting injury to any works controlled under or in
35pursuance of this act, to be punishable as provided by
36general law; legalizing and validating the acts of the
37Indian River Mosquito Control District herewith abolished
38and making all contracts of said Indian River Mosquito
39Control District so abolished binding upon the new Indian
40River Mosquito Control District; authorizing and
41prescribing generally the powers and duties of the Board
42of Commissioners of said new Indian River Mosquito Control
43District; providing for severability; providing an
44effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  (1)  The reenactment of existing law in this
49act shall not be construed as a grant of additional authority to
50nor to supersede the authority of the district pursuant to law.
51Exceptions to law contained in any special act that are
52reenacted pursuant to this act shall continue to apply.
53     (2)  The reenactment of existing law in this act shall not
54be construed to modify, amend, or alter any covenants,
55contracts, or other obligations of the district with respect to
56bonded indebtedness. Nothing pertaining to the reenactment of
57existing law in this act shall be construed to affect the
58ability of the district to levy and collect taxes, assessments,
59fees, or charges for the purpose of redeeming or servicing
60bonded indebtedness of the district.
61     Section 2.  Chapters 11128 (1925), 14381 (1929), 20114
62(1939), 20494 (1941), 21048 (1941), 24600 (1947), 61-2278, 63-
631433, 73-497, 76-388, 78-531, and 91-337, Laws of Florida, are
64codified, reenacted, amended, and repealed as provided in this
65act.
66     Section 3.  The Indian River Mosquito Control District is
67re-created, and the charter for such district is re-created and
68reenacted to read:
69     Section 1.  The Indian River Mosquito Control District is
70re-created, and the special taxing district now existing and
71known and designated as Indian River Mosquito Control District,
72as created and incorporated by chapter 11128 (1925), Laws of
73Florida, as amended, is hereby abolished, and a new special
74taxing district in Indian River County, to be known and
75designated as Indian River Mosquito Control District, is hereby
76created, established, and incorporated to succeed said former
77special taxing district known and designated as Indian River
78Mosquito Control District, and which new special taxing district
79hereby created and incorporated, to be known as Indian River
80Mosquito Control District, shall embrace and include all that
81territory and area situated and being in Indian River County,
82within the following territorial boundaries, to wit:
83
84All that part of Indian River County, Florida, lying
85East of the following described line:
86
87Beginning at the South one-quarter corner of Section
8836, Township 33 South, Range 36 East, said point lying
89on the South Township line and the South boundary line
90of Indian River County, a political subdivision of the
91State of Florida; thence run North along the one-
92quarter Section lines of Sections 36 and 25, Township
9333 South, Range 36 East to the North line of Section
9425, Township 33 South, Range 36 East; thence run East
95along said North line of Section 25, Township 33
96South, Range 36 East to the Northeast corner of
97Section 25, said point lying on the Range line of
98Ranges 36 and 37; thence run North along the Range
99line to the intersection of the North right-of-way of
100State Road 60; thence run East along the said North
101right-of-way a distance of 732.15 feet to the East
102right-of-way of Lateral "S" Canal as shown on the plat
103of the Fellsmere Farms Company Subdivision of the
104Unsurveyed Township 32 South, Range 37 East, as
105recorded in Plat Book 2, Page 8, St. Lucie County
106Public Records; thence run North along said East
107right-of-way of Lateral "S" Canal to the intersection
108of the North boundary line of said Indian River County
109and the point of ending.
110
111All of which lands hereinabove described and the owners thereof
112shall be entitled to all benefits and subject to all burdens and
113obligations as prescribed and set forth herein.
114     Section 2.  The governing body of said Indian River
115Mosquito Control District shall be known and designated as the
116"Board of Commissioners of Indian River Mosquito Control
117District." Said governing body shall be composed of three
118members and shall have all the powers of a body corporate,
119including the power to sue and be sued as a corporation in said
120name in any court; to contract; to adopt and use a common seal
121and alter the same at pleasure; to purchase, hold, lease, and
122convey such real estate and personal property as said board may
123deem proper to carry out the purposes of this act; to appoint a
124chief engineer, a consulting engineer, and an attorney for said
125board and such other agents and employees as said board may
126require; to borrow money and to issue negotiable promissory
127notes or bonds therefor; and to enable it to carry out the
128provisions of this act. The commissioners shall be elected in a
129nonpartisan election for 4-year terms so that one commissioner
130is elected at one general election by the highest number of
131votes cast and two commissioners are elected by the first and
132second highest number of votes cast at the next ensuing general
133election.
134     Section 3.  Each commissioner under this act, before he or
135she assumes office, shall be required to give to Indian River
136Mosquito Control District a good and sufficient surety bond in
137the sum of $5,000, conditioned for the faithful performance of
138the duties of his or her office, said bond to be approved by and
139filed with the Clerk of the Circuit Court of Indian River
140County. Said bond shall also be recorded in the minutes of said
141Board of Commissioners of said Indian River Mosquito Control
142District. The failure of any person so elected as commissioner
143of Indian River Mosquito Control District within 30 days after
144his or her election to give bond shall create a vacancy as to
145such commissioner, and such vacancy shall be filled by the
146Governor appointing a person duly qualified to hold such office,
147which manner of filling such office shall obtain in the case of
148resignation, death, or removal from said district of any
149commissioner during his or her term of office. No person shall
150be qualified to hold office as a commissioner under this act
151unless such person shall be a duly qualified elector of said
152district.
153     Section 4.  As soon as practicable after each general
154election, the commissioners of Indian River Mosquito Control
155District, after their qualification as such, shall meet and
156organize by the election, from among their number, of a chair, a
157vice chair, and a secretary. Two members of the board shall
158constitute a quorum. The vote of two members shall be necessary
159to transact business. The chair and vice chair shall vote at all
160meetings of the board.
161     Section 5.  The commissioners under this act shall be paid
162for each day's service and for each mile actually traveled in
163going to and from the office of the Board of Commissioners of
164Indian River Mosquito Control District according to per diem
165compensation expense and mileage rates established from time to
166time for officials and employees of the state. The per diem
167herein provided for shall apply to services rendered for
168inspection of work performed for the district or other services
169under this act. Additionally, commissioners shall be compensated
170for regular duties, as provided by general law or special act,
171at the rate of $400 per month or such greater amount as may be
172permitted by general law or special act.
173     Section 6.  The board is hereby authorized to invest its
174funds from time to time in interest-bearing depositories as
175prescribed by Florida law.
176     Section 7.  Said board is hereby authorized and empowered
177to do any and all things necessary for the control and complete
178elimination of all species of mosquitoes and sandflies and
179diseases transmitted by the same in said district and, for this
180purpose, is hereby authorized and empowered to construct and
181thereafter to maintain canals, ditches, drains, and dikes; to
182fill in all depressions, lakes, and ponds or marshes that are
183the breeding places of mosquitoes and sandflies, insofar as said
184work does not interfere with the water supply of any city or
185community; and to employ engineers, scientists, helpers, and all
186other servants, agents, and employees as may be necessary for
187the purpose of controlling and eliminating all species of
188mosquitoes and sandflies in said district. Said board is hereby
189authorized and empowered to spray or otherwise disburse, or
190cause to be sprayed or otherwise disbursed, chemicals,
191substances, and materials of every nature upon and over the area
192of said district as shall be deemed necessary or desirable for
193the purpose of controlling and eliminating all species of
194mosquitoes and sandflies in said district and, for such
195purposes, may contract for and purchase such chemicals,
196substances, and materials and may contract for the spraying or
197disbursing thereof over the area of said district or may employ
198such agents, servants, and employees for such purpose as the
199commissioners of said district may deem necessary or advisable;
200to do any and all things that may be necessary from the
201standpoint of public health and comfort to control or eliminate
202mosquitoes and sandflies or their larvae in said district; and
203to promulgate such rules and regulations not inconsistent with
204the provisions of this act and with any of the laws of said
205state which, in their judgment, may be necessary for the proper
206carrying into effect and enforcement of this act.
207     Section 8.  Said board shall have power and authority to
208hold, control, and acquire by gift or purchase such real or
209personal property, and to condemn such lands or easements, as
210may be necessary for the carrying out of any of the purposes of
211this act or for the material to be used for any of said purposes
212and for the preservation of the works constructed or to be
213constructed by said board under this act. Said board is
214authorized to exercise the right of eminent domain for the use
215of said district, in the manner prescribed by law, over such
216lands, easements, rights-of-way, riparian rights, and personal
217property that may be necessary for the purpose of said board in
218said construction, and the only prerequisite for the exercise of
219said power of eminent domain shall be the adoption by said board
220of a resolution specifying the property sought to be condemned
221and the purpose for which it is to be used. Said board is
222authorized to sell any real or personal property acquired or
223owned by it when the same shall be determined to be no longer
224useful to or suitable for the purposes of said board.
225     Section 9.  Said board is hereby authorized and empowered
226to purchase goods, supplies, or material for the use of said
227district without the necessity of advertising any notice or
228calling for bids regarding said purchase when the amount to be
229paid therefor by said district does not exceed $10,000 or when
230the goods, supplies, or materials to be purchased are obtainable
231from only one source or supplier.
232     Section 10.  Said board is hereby authorized and empowered
233to levy upon all the real and personal taxable property in said
234district a special tax not exceeding 10 mills on the dollar for
235the year 1947 and for each and every year thereafter, to be used
236solely in carrying out the purposes of this act. Said levy shall
237be made not later than the 15th of July of each year by
238resolution of said board, or a majority thereof, duly entered at
239large upon its minutes. A certified copy of such resolution
240executed in the name of said board by its chair and secretary
241and under its corporate seals shall be delivered or transmitted
242to the Board of County Commissioners of Indian River County, and
243a copy shall be transmitted by mail to the Chief Financial
244Officer not later than August 1 of each year. It shall be the
245duty of the Board of County Commissioners of Indian River County
246to order the property appraiser of said county to assess and the
247collector of said county to collect the amount of said tax so
248assessed by the Board of Commissioners of said district upon all
249the taxable property, real or personal, in said district at the
250rate of taxation adopted by said board for said year, but not
251exceeding 10 mills on the dollar and as specified in said
252resolution, and said levy shall be included in the warrant to
253the tax collector and the property appraiser which is attached
254to the assessment roll of taxes for said county each year. The
255property appraiser shall make such assessment and the tax
256collector shall collect such taxes so levied in the manner as
257other taxes are assessed and collected and shall pay the same
258when collected, within the time and in the manner prescribed by
259law for the payment of other taxes, to the secretary of said
260Board of Commissioners. It shall be the duty of said Chief
261Financial Officer to assess and levy on all the railroad lines
262and railroad property, telegraph lines and telegraph property,
263and telephone lines and telephone property the amount of every
264such levy herewith provided in this section, and as in the case
265of other state and county taxes, and said taxes so levied by the
266Chief Financial Officer shall be collected as provided for other
267similar taxes, and the proceeds thereof shall be remitted to the
268secretary of said board in the same manner as such remittances
269are made in the collection of other taxes. If any such taxes so
270assessed are not paid, the said property shall be sold by said
271tax collector and certificates issued and tax deeds issued in
272the same manner and under the same laws relating to the sales,
273issuance of certificates, and deeds with reference to all other
274state and county taxes. The Board of Commissioners of the Indian
275River Mosquito Control District is herewith authorized to borrow
276in any one tax year a sum not to exceed 80 percent of the
277estimated taxes to be collected on behalf of said district
278within such year and to evidence such loan made to said district
279by its tax anticipation note or notes bearing interest at a rate
280not to exceed 10 percent per annum, and which notes shall be
281payable at a time not greater than 1 year from the date of the
282borrowing of such moneys; the sums so borrowed shall be repaid
283out of the next taxes collected by said district to the extent
284necessary for the repayment thereof, together with such interest
285at a rate not to exceed 6 percent per annum; and no sums shall
286be borrowed as herewith provided in any subsequent year unless
287all moneys so borrowed in any preceding year shall have been
288entirely paid as to both principal and interest.
289     Section 11.  Said board is hereby required to secure and
290keep in force in companies duly authorized to do business in
291Florida insurance covering liability for property damage or
292bodily injury or death resulting therefrom to all persons and
293property by reason of the ownership, maintenance, operation, or
294use of any vehicle, dragline, dredge, tractor, and related
295equipment being used for and in the interest of the purpose of
296said board in amounts not less than $50,000 for bodily injury or
297death resulting therefrom to any one person, and not less than
298$100,000 for bodily injury or death resulting therefrom for any
299one accident, and not less than $25,000 for damage to property.
300     Section 12.  The title to and jurisdiction over all
301property of Indian River Mosquito Control District herewith
302abolished, of every kind, nature, or description, is herewith
303transferred to and vested in the new Indian River Mosquito
304Control District herewith created. All lawful debts or
305obligations of the old Indian River Mosquito Control District
306herewith abolished are herewith made the debts and obligations
307of the new district herewith created, and all claims, demands,
308or credits held by said old district are herewith transferred to
309and made the claims, demands, and credits of said new district.
310No obligation or contract of said old district shall be impaired
311by this act, but rather all obligations or contracts of said old
312district are herewith made the obligations and contracts of the
313new district herewith created. All acts of the Board of
314Commissioners of the old Indian River Mosquito Control District
315herewith abolished and of the agents, servants, and employees of
316said Board of Commissioners of said old district and of said
317district are herewith ratified and confirmed.
318     Section 13.  Whoever shall willfully damage any ditch,
319canal, drain, dike, or other work established or constructed
320under this act or who shall willfully interfere with or injure
321any property, work, or facility established or constructed under
322this act or who shall willfully interfere with the acts of any
323commissioner of said district or any person lawfully authorized
324or employed by the Board of Commissioners of this district in
325carrying out the provisions of this act commits a misdemeanor
326and, upon conviction thereof, shall be punished as provided by
327general law.
328     Section 14.  (1)  The Board of Commissioners of the Indian
329River Mosquito Control District is hereby authorized, empowered,
330and permitted to provide for life, health, accident, and
331hospitalization insurance, or an annuity insurance, or all or
332any of such insurance for employees of said district, for the
333director or assistant director, or for members of said board, or
334for the families of such employees, for the family of the
335director or assistant director, or for the families of the
336members of the board, and to that end to enter into agreements
337with insurance companies to provide such insurance. The election
338to exercise the authority granted by this act shall be evidenced
339by resolution duly recorded in the minutes of the Board of
340Commissioners of Indian River Mosquito Control District.
341     (2)  The Board of Commissioners of Indian River Mosquito
342Control District is authorized to budget from and pay out of
343appropriate funds any portion of the cost of such insurance and
344to deduct from the wages of employees, the director and
345assistant director, and the members of the board who in writing
346make request for such insurance the balance of such cost and to
347pay or remit the same directly to the insurance company issuing
348such insurance.
349     (3)  The participation in such insurance by any employee,
350director or assistant director, or member of said board shall be
351entirely voluntary at all times. Any enrolled member of such
352insurance plan may, upon any pay day, withdraw or retire from
353such plan upon giving the Board of Commissioners written notice
354thereof and directing the discontinuance of deductions from
355wages in payment of such premiums.
356     Section 15.  In case any one or more of the sections or
357provisions of this act or the application of such sections or
358provisions to any situation, circumstance, or person shall for
359any reason be held to be unconstitutional, such
360unconstitutionality shall not affect any other sections or
361provisions to any other situation, circumstance, or person, and
362it is intended that this law shall be construed and applied as
363if such section or provision had not been included herein for
364any unconstitutional application.
365     Section 4.  Chapters 11128 (1925), 14381 (1929), 20114
366(1939), 20494 (1941), 21048 (1941), 24600 (1947), 61-2278, 63-
3671433, 73-497, 76-388, 78-531, and 91-337, Laws of Florida, are
368repealed.
369     Section 5.  This act shall take effect July 1, 2006.


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