| 1 | A bill to be entitled |
| 2 | An act relating to the Pinecraft Lighting District, |
| 3 | Sarasota County; codifying, amending, reenacting, and |
| 4 | repealing chapters 71-911, 72-689, and 76-486, Laws of |
| 5 | Florida; providing for maximum limits on special |
| 6 | assessments levied by the district; providing for powers, |
| 7 | duties, liabilities, and administration of the district; |
| 8 | providing for a board of commissioners and its membership, |
| 9 | appointment, powers, and duties; providing for the levy, |
| 10 | collection, and enforcement of special assessments and the |
| 11 | creation of liens upon lands in the district; providing |
| 12 | definitions; providing for severability; providing an |
| 13 | effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. (1) The reenactment of existing law in this |
| 18 | act shall not be construed as a grant of additional authority to |
| 19 | nor to supersede the authority of any entity pursuant to law. |
| 20 | Exceptions to law contained in any special act that are |
| 21 | reenacted pursuant to this act shall continue to apply. |
| 22 | (2) The reenactment of existing law in this act shall not |
| 23 | be construed to modify, amend, or alter any covenants, |
| 24 | contracts, or other obligations of the district with respect to |
| 25 | bonded indebtedness. Nothing pertaining to the reenactment of |
| 26 | existing law in this act shall be construed to affect the |
| 27 | ability of the district to levy and collect taxes, assessments, |
| 28 | fees, or charges for the purpose of redeeming or servicing |
| 29 | bonded indebtedness of the district. |
| 30 | Section 2. Chapters 71-911, 72-689, and 76-486, Laws of |
| 31 | Florida, are codified, reenacted, amended, and repealed as |
| 32 | provided in this act. |
| 33 | Section 3. The Pinecraft Lighting District is re-created |
| 34 | and the charter for such district is re-created and reenacted to |
| 35 | read: |
| 36 | Section 1. The boundaries of the Pinecraft Lighting |
| 37 | District shall include the following lands in Sarasota County: |
| 38 |
|
| 39 | All that part of section 28, township 36 south, range |
| 40 | 18 east, Sarasota County, Florida, bounded on the east |
| 41 | side by Beneva Road, on the south side by Waldemere |
| 42 | Street, and south line of Homecroft subdivision, and |
| 43 | by Phillipi Creek on the north and west sides, more |
| 44 | specifically known as Pinecraft subdivision lots 1 |
| 45 | through 539, namely, Kaufman, Yoder, Miller, Krupp, |
| 46 | Good, Gilbert, Tice, File and Carter Avenues and Zook |
| 47 | Place, and Homecroft subdivision blocks A through Q, |
| 48 | namely, Schrock, Estrada, Clarinda, Bimini, Hacienda, |
| 49 | Gardenia and Birkly Streets. |
| 50 |
|
| 51 | Section 2. The business and affairs of the district shall |
| 52 | be conducted and administered by a board of five commissioners. |
| 53 | The commissioners, upon their appointment and qualification and |
| 54 | annually in January, shall organize by electing from their |
| 55 | number a chair, vice chair, and secretary-treasurer. The |
| 56 | commissioners shall not receive any compensation for their |
| 57 | services as such, but the secretary-treasurer may be paid not |
| 58 | more than $300 per annum from the funds of the district for his |
| 59 | or her services as secretary-treasurer. Each commissioner shall, |
| 60 | before he or she enters upon his or her duties as commissioner, |
| 61 | execute to the Governor, for the benefit of the district, a good |
| 62 | and sufficient bond approved by the Circuit Court of Sarasota |
| 63 | County, in the sum of $1,000, with a qualified corporate surety |
| 64 | conditioned to faithfully perform the duties of commissioner and |
| 65 | to account for all funds to come into his or her hands as |
| 66 | commissioner. All premiums for surety on all such bonds shall be |
| 67 | paid from the funds of the district. |
| 68 | Section 3. (1) Each commissioner shall hold office until |
| 69 | his or her successor is appointed and qualified, unless such |
| 70 | commissioner ceases to be qualified to act as commissioner or is |
| 71 | removed from office. |
| 72 | (2)(a) Successful candidates for the office of |
| 73 | commissioner shall take office 2 weeks after their election and |
| 74 | shall serve for 4-year terms each. |
| 75 | (b) All electors of the district shall be eligible for |
| 76 | election to the office of commissioner. The commissioners shall |
| 77 | be elected by the qualified electors of the district. |
| 78 | Section 4. (1) The district shall have the right, power, |
| 79 | and authority to levy special assessments for special lighting |
| 80 | benefits against the real estate in the district to provide |
| 81 | funds for the purpose of the district. The rate of such special |
| 82 | assessments for special lighting benefits shall be fixed by a |
| 83 | resolution of the board of commissioners, as hereinafter |
| 84 | provided, but shall in no event exceed the sum of $75 per annum |
| 85 | on any one business firm; the sum of $30 per annum on a home and |
| 86 | the parcel of land on which it is located, if not in excess of 1 |
| 87 | acre; and $2 per lot on vacant lots in platted subdivisions and |
| 88 | $2 per acre or fraction thereof on unsubdivided acreage. |
| 89 | Apartment buildings and tourist courts shall be construed as one |
| 90 | business firm. |
| 91 | (2) The county property appraiser shall furnish to the |
| 92 | commissioners of the district a tax roll covering all taxable |
| 93 | properties within the district on which the district |
| 94 | commissioners will place the levy for each piece of property |
| 95 | thereon on or before September 1 of each year. Any property |
| 96 | owner in the district shall each year have the right, during a |
| 97 | 10-day period to be set by the board after the rolls have had |
| 98 | the levy recorded thereon and prior to the billing being mailed, |
| 99 | to file a protest in writing against the proposed special |
| 100 | assessments for special lighting benefits as to the amount |
| 101 | thereof, and to appear before the board in support of such |
| 102 | protest. The board shall hold a meeting or meetings during the |
| 103 | period to consider such protest and make adjustments to the |
| 104 | rolls. |
| 105 | (3) Immediately after the adjustment period, the board |
| 106 | shall adopt a resolution fixing the rate of special assessment |
| 107 | for special lighting benefits and shall return the tax roll to |
| 108 | the county property appraiser, having first noted thereon the |
| 109 | levy against each parcel of property described thereon. The |
| 110 | county property appraiser shall then include in the Sarasota |
| 111 | County tax roll the special assessments for special lighting |
| 112 | benefits thus made by the board of commissioners of the |
| 113 | Pinecraft Lighting District and the same shall be collected in |
| 114 | the manner and form as provided for the collection of county |
| 115 | taxes and paid monthly by the tax collector to the board of |
| 116 | commissioners. The county tax collector and the county property |
| 117 | appraiser shall each receive for his or her services regarding |
| 118 | such special assessment for special lighting protection benefits |
| 119 | 3 percent of the amount collected for the tax collector and 3 |
| 120 | percent of the amount assessed for the property appraiser, which |
| 121 | shall be considered as income of each office respectively |
| 122 | pursuant to s. 145.121(l), Florida Statutes. The personnel |
| 123 | required to do the special work shall be paid for such special |
| 124 | services from the compensation herein provided. |
| 125 | Section 5. Such special assessment for special lighting |
| 126 | benefits shall be a lien upon the land so assessed along with |
| 127 | the county taxes against the same until the special assessments |
| 128 | for special lighting benefits have been paid and, if the same |
| 129 | become delinquent, shall be considered a part of the county tax |
| 130 | subject to the same penalties, charges, fees, and remedies for |
| 131 | enforcement and collection and shall be enforced and collected |
| 132 | as provided by the laws of the state for the collection of such |
| 133 | taxes. |
| 134 | Section 6. The proceeds of such special assessments for |
| 135 | special lighting benefit and the funds of the district shall be |
| 136 | deposited in the name of the district in a bank authorized to |
| 137 | receive deposits of county funds, which bank shall be designated |
| 138 | by a resolution of the board of commissioners. No funds of the |
| 139 | district shall be paid out or disbursed save and except by check |
| 140 | with the signature of at least two commissioners. |
| 141 | Section 7. The board of commissioners shall have the power |
| 142 | and the authority to borrow money for the purposes of the |
| 143 | district in an amount not to exceed 50 percent of the total |
| 144 | income from the special assessment for special lighting benefits |
| 145 | of the year when such borrowing is done, provided, however, that |
| 146 | the total accumulative debt of the district shall never exceed |
| 147 | 50 percent of the total income in any 1 year. Neither the |
| 148 | district commissioners as a body nor any one of them as an |
| 149 | individual shall be personally or individually liable for the |
| 150 | repayment of such loan; such repayment shall be made out of the |
| 151 | special assessments for special lighting benefits receipts of |
| 152 | the district. Except as provided in this section, the district |
| 153 | commissioners shall not create any indebtedness or incur |
| 154 | obligations for any sum or amount which it is unable to pay out |
| 155 | of the district funds then in its hands, provided, however, that |
| 156 | the district commissioners may make purchases of equipment on an |
| 157 | installment basis as necessary, if funds are available for the |
| 158 | payment of the current year's installment on such equipment plus |
| 159 | the amount due in that year for any other installments and the |
| 160 | repayment of any bank loan or other existing indebtedness which |
| 161 | may be due that year. |
| 162 | Section 8. No funds of the district shall be used for any |
| 163 | purpose other than the administration of the affairs and |
| 164 | business of the district; for the construction, care, |
| 165 | maintenance, upkeep, operation, and purchase of lighting |
| 166 | equipment or an office; for payment of public utilities such as |
| 167 | telephone and water; or for payments of salaries of an engineer |
| 168 | or maintenance personnel, as the board of commissioners may from |
| 169 | time to time determine to be for the best interests of the |
| 170 | district. |
| 171 | Section 9. The board of commissioners of the district |
| 172 | shall have the power and the authority to acquire by gift or |
| 173 | purchase a site and such lighting equipment as is deemed |
| 174 | necessary for the lighting of the district. The board shall have |
| 175 | the authority to hire, at salaries to be determined by the |
| 176 | board, an engineer and one or more maintenance personnel who |
| 177 | shall operate the lighting equipment. |
| 178 | Section 10. (1) The officers of the board of |
| 179 | commissioners shall have the duties usually pertaining to, |
| 180 | vested in, and incumbent upon like officers. A record shall be |
| 181 | kept of all meetings of the board of commissioners and, in such |
| 182 | meetings, concurrence of a majority of the commissioners shall |
| 183 | be necessary to any affirmative action by the board. |
| 184 | (2) The board of commissioners may adopt such rules and |
| 185 | regulations not inconsistent with any portion of this act as it |
| 186 | may deem necessary in and about any transaction of its business |
| 187 | and in carrying out the provisions of this act. |
| 188 | Section 11. The board of commissioners shall, on or before |
| 189 | August 1, make an annual report of its actions and accounting of |
| 190 | its funds as of June 30 of each year. |
| 191 | Section 12. The special lighting district shall exist |
| 192 | until dissolved by law. Should any part of the territory covered |
| 193 | in this act be held not to be included herein, then this act |
| 194 | shall continue in effect as to the balance of the territory. |
| 195 | Section 13. No suit, action, or proceeding shall be |
| 196 | instituted or maintained in any court against the district or |
| 197 | the commissioners, or any commissioner thereof, for or upon any |
| 198 | claim, right, or demand of any kind or nature, unless the person |
| 199 | or persons making such claim or demand or claiming such right |
| 200 | shall have given to the commissioners, or one of them, within 30 |
| 201 | days after the alleged accrual of such claim, right, or demand, |
| 202 | a notice in writing setting forth the nature of the right, |
| 203 | claim, or demand; the amount thereof; and the place and manner |
| 204 | in which such claim or right accrued, together with the names |
| 205 | and addresses of all witnesses by whom such claims, rights, or |
| 206 | demands are to be proved or established, all with sufficient |
| 207 | detail to enable the district or the commissioners to fully |
| 208 | investigate such claim, right or demand; and no suit, action, or |
| 209 | proceeding on any such demand shall be instituted within 3 |
| 210 | months after such notice shall be given. |
| 211 | Section 14. "District" means the special lighting district |
| 212 | hereby organized and "board of commissioners" means the board of |
| 213 | commissioners of and for the district when used in this act, |
| 214 | unless otherwise specified. |
| 215 | Section 15. If any clause, section, or provision of this |
| 216 | act is declared to be unconstitutional or invalid for any cause |
| 217 | or reason, the same shall be eliminated from this act, and the |
| 218 | remaining portion of the act shall be in force and effect and be |
| 219 | as valid as if such portion thereof had not been incorporated |
| 220 | therein. |
| 221 | Section 4. Chapters 71-911, 72-689, and 76-486, Laws of |
| 222 | Florida, are repealed. |
| 223 | Section 5. This act shall take effect upon becoming a law. |