Senate Bill sb2064

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    Florida Senate - 2006        (NP)                      SB 2064

    By Senator Bennett





    21-1453-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Pinecraft Lighting

  3         District, Sarasota County; codifying, amending,

  4         reenacting, and repealing chapters 71-911,

  5         72-689, and 76-486, Laws of Florida; providing

  6         for maximum limits on special assessments

  7         levied by the district; providing for powers,

  8         duties, liabilities, and administration of the

  9         district; providing for a board of

10         commissioners and its membership, appointment,

11         powers, and duties; providing for the levy,

12         collection, and enforcement of special

13         assessments and the creation of liens upon

14         lands in the district; providing definitions;

15         providing for severability; providing an

16         effective date.

17  

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

19  

20         Section 1.  (1)  The reenactment of existing law in

21  this act shall not be construed as a grant of additional

22  authority to nor to supersede the authority of any entity

23  pursuant to law. Exceptions to law contained in any special

24  act that are reenacted pursuant to this act shall continue to

25  apply.

26         (2)  The reenactment of existing law in this act shall

27  not be construed to modify, amend, or alter any covenants,

28  contracts, or other obligations of the district with respect

29  to bonded indebtedness. Nothing pertaining to the reenactment

30  of existing law in this act shall be construed to affect the

31  ability of the district to levy and collect taxes,

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  assessments, fees, or charges for the purpose of redeeming or

 2  servicing bonded indebtedness of the district.

 3         Section 2.  Chapters 71-911, 72-689, and 76-486, Laws

 4  of Florida, are codified, reenacted, amended, and repealed as

 5  provided in this act.

 6         Section 3.  The Pinecraft Lighting District is

 7  re-created and the charter for the district is re-created and

 8  reenacted to read:

 9         Section 1.  The boundaries of the Pinecraft Lighting

10  District shall include the following lands in Sarasota County:

11  

12         All that part of section 28, township 36 south,

13         range 18 east, Sarasota County, Florida,

14         bounded on the east side by Beneva Road, on the

15         south side by Waldemere Street, and south line

16         of Homecroft subdivision, and by Phillipi Creek

17         on the north and west sides, more specifically

18         known as Pinecraft subdivision lots 1 through

19         539, namely, Kaufman, Yoder, Miller, Krupp,

20         Good, Gilbert, Tice, File, and Carter Avenues

21         and Zook Place, and Homecroft subdivision

22         blocks A through Q, namely, Schrock, Estrada,

23         Clarinda, Bimini, Hacienda, Gardenia, and

24         Birkly Streets.

25  

26         Section 2.  The business and affairs of the district

27  shall be conducted and administered by a board of five

28  commissioners. The commissioners, upon their appointment and

29  qualification and annually in January, shall organize by

30  electing from their number a chair, vice chair, and

31  secretary-treasurer. The commissioners shall not receive any

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  compensation for their services as such, but the

 2  secretary-treasurer may be paid not more than $300 per annum

 3  from the funds of the district for his or her services as

 4  secretary-treasurer. Each commissioner shall, before he or she

 5  enters upon his or her duties as commissioner, execute to the

 6  Governor, for the benefit of the district, a good and

 7  sufficient bond approved by the Circuit Court of Sarasota

 8  County, in the sum of $1,000, with a qualified corporate

 9  surety conditioned to faithfully perform the duties of

10  commissioner and to account for all funds to come into his or

11  her hands as commissioner. All premiums for surety on all such

12  bonds shall be paid from the funds of the district.

13         Section 3.  (1)  Each commissioner shall hold office

14  until his or her successor is appointed and qualified, unless

15  such commissioner ceases to be qualified to act as

16  commissioner or is removed from office.

17         (2)(a)  Successful candidates for the office of

18  commissioner shall take office 2 weeks after their election

19  and shall serve for 4-year terms each.

20         (b)  All electors of the district shall be eligible for

21  election to the office of commissioner. The commissioners

22  shall be elected by the qualified electors of the district.

23         Section 4.  (1)  The district shall have the right,

24  power, and authority to levy special assessments for special

25  lighting benefits against the real estate in the district to

26  provide funds for the purpose of the district. The rate of

27  such special assessments for special lighting benefits shall

28  be fixed by a resolution of the board of commissioners, as

29  hereinafter provided, but shall in no event exceed the sum of

30  $75 per annum on any one business firm; the sum of $30 per

31  annum on a home and the parcel of land on which it is located,

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  if not in excess of 1 acre; and $2 per lot on vacant lots in

 2  platted subdivisions and $2 per acre or fraction thereof on

 3  unsubdivided acreage. Apartment buildings and tourist courts

 4  shall be construed as one business firm.

 5         (2)  The county property appraiser shall furnish to the

 6  commissioners of the district a tax roll covering all taxable

 7  properties within the district on which the district

 8  commissioners will place the levy for each piece of property

 9  thereon on or before September 1 of each year. Any property

10  owner in the district shall each year have the right, during a

11  10-day period to be set by the board after the rolls have had

12  the levy recorded thereon and prior to the billing being

13  mailed, to file a protest in writing against the proposed

14  special assessments for special lighting benefits as to the

15  amount thereof, and to appear before the board in support of

16  such protest. The board shall hold a meeting or meetings

17  during the period to consider such protest and make

18  adjustments to the rolls.

19         (3)  Immediately after the adjustment period, the board

20  shall adopt a resolution fixing the rate of special assessment

21  for special lighting benefits and shall return the tax roll to

22  the county property appraiser, having first noted thereon the

23  levy against each parcel of property described thereon. The

24  county property appraiser shall then include in the Sarasota

25  County tax roll the special assessments for special lighting

26  benefits thus made by the board of commissioners of the

27  Pinecraft Lighting District and the same shall be collected in

28  the manner and form as provided for the collection of county

29  taxes and paid monthly by the tax collector to the board of

30  commissioners. The county tax collector and the county

31  property appraiser shall each receive for his or her services

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  regarding such special assessment for special lighting

 2  protection benefits 3 percent of the amount collected for the

 3  tax collector and 3 percent of the amount assessed for the

 4  property appraiser, which shall be considered as income of

 5  each office respectively pursuant to s. 145.121(l), Florida

 6  Statutes. The personnel required to do the special work shall

 7  be paid for such special services from the compensation herein

 8  provided.

 9         Section 5.  Such special assessment for special

10  lighting benefits shall be a lien upon the land so assessed

11  along with the county taxes against the same until the special

12  assessments for special lighting benefits have been paid and,

13  if the same become delinquent, shall be considered a part of

14  the county tax subject to the same penalties, charges, fees,

15  and remedies for enforcement and collection and shall be

16  enforced and collected as provided by the laws of the state

17  for the collection of such taxes.

18         Section 6.  The proceeds of such special assessments

19  for special lighting benefit and the funds of the district

20  shall be deposited in the name of the district in a bank

21  authorized to receive deposits of county funds, which bank

22  shall be designated by a resolution of the board of

23  commissioners. No funds of the district shall be paid out or

24  disbursed save and except by check with the signature of at

25  least two commissioners.

26         Section 7.  The board of commissioners shall have the

27  power and the authority to borrow money for the purposes of

28  the district in an amount not to exceed 50 percent of the

29  total income from the special assessment for special lighting

30  benefits of the year when such borrowing is done, provided,

31  however, that the total accumulative debt of the district

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  shall never exceed 50 percent of the total income in any 1

 2  year. Neither the district commissioners as a body nor any one

 3  of them as an individual shall be personally or individually

 4  liable for the repayment of such loan; such repayment shall be

 5  made out of the special assessments for special lighting

 6  benefits receipts of the district. Except as provided in this

 7  section, the district commissioners shall not create any

 8  indebtedness or incur obligations for any sum or amount which

 9  the board is unable to pay out of the district funds then in

10  its hands, provided, however, that the district commissioners

11  may make purchases of equipment on an installment basis as

12  necessary, if funds are available for the payment of the

13  current year's installment on such equipment plus the amount

14  due in that year for any other installments and the repayment

15  of any bank loan or other existing indebtedness that may be

16  due that year.

17         Section 8.  No funds of the district shall be used for

18  any purpose other than the administration of the affairs and

19  business of the district; for the construction, care,

20  maintenance, upkeep, operation, and purchase of lighting

21  equipment or an office; for payment of public utilities such

22  as telephone and water; or for payments of salaries of an

23  engineer or maintenance personnel, as the board of

24  commissioners may from time to time determine to be for the

25  best interests of the district.

26         Section 9.  The board of commissioners of the district

27  shall have the power and the authority to acquire by gift or

28  purchase a site and such lighting equipment as is deemed

29  necessary for the lighting of the district. The board shall

30  have the authority to hire, at salaries to be determined by

31  

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  the board, an engineer and one or more maintenance personnel

 2  who shall operate the lighting equipment.

 3         Section 10.  (1)  The officers of the board of

 4  commissioners shall have the duties usually pertaining to,

 5  vested in, and incumbent upon like officers. A record shall be

 6  kept of all meetings of the board of commissioners and, in

 7  such meetings, concurrence of a majority of the commissioners

 8  shall be necessary to any affirmative action by the board.

 9         (2)  The board of commissioners may adopt such rules

10  and regulations not inconsistent with any portion of this act

11  as it may deem necessary in and about any transaction of its

12  business and in carrying out the provisions of this act.

13         Section 11.  The board of commissioners shall, on or

14  before August 1, make an annual report of its actions and

15  accounting of its funds as of June 30 of each year.

16         Section 12.  The special lighting district shall exist

17  until dissolved by law. Should any part of the territory

18  covered in this act be held not to be included herein, then

19  this act shall continue in effect as to the balance of the

20  territory.

21         Section 13.  No suit, action, or proceeding shall be

22  instituted or maintained in any court against the district or

23  the commissioners, or any commissioner thereof, for or upon

24  any claim, right, or demand of any kind or nature, unless the

25  person or persons making such claim or demand or claiming such

26  right shall have given to the commissioners, or one of them,

27  within 30 days after the alleged accrual of such claim, right,

28  or demand, a notice in writing setting forth the nature of the

29  right, claim, or demand; the amount thereof; and the place and

30  manner in which such claim or right accrued, together with the

31  names and addresses of all witnesses by whom such claims,

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    Florida Senate - 2006        (NP)                      SB 2064
    21-1453-06                                              See HB




 1  rights, or demands are to be proved or established, all with

 2  sufficient detail to enable the district or the commissioners

 3  to fully investigate such claim, right or demand; and no suit,

 4  action, or proceeding on any such demand shall be instituted

 5  within 3 months after such notice shall be given.

 6         Section 14.  "District" means the special lighting

 7  district hereby organized and "board of commissioners" means

 8  the board of commissioners of and for the district when used

 9  in this act, unless otherwise specified.

10         Section 15.  If any clause, section, or provision of

11  this act is declared to be unconstitutional or invalid for any

12  cause or reason, the same shall be eliminated from this act,

13  and the remaining portion of the act shall be in force and

14  effect and be as valid as if such portion thereof had not been

15  incorporated therein.

16         Section 4.  Chapters 71-911, 72-689, and 76-486, Laws

17  of Florida, are repealed.

18         Section 5.  This act shall take effect upon becoming a

19  law.

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