Florida Senate - 2010                            (NP)    SB 2760
       
       
       
       By Senator Jones
       
       
       
       
       13-01212A-10                                          20102760__
    1                        A bill to be entitled                      
    2         An act relating to Pinellas Park Water Management
    3         District Authority, Pinellas County; amending chapter
    4         2001-325, Laws of Florida; reducing the ad valorem
    5         millage cap, subject to a referendum; specifying that
    6         the authority is housed within the City of Pinellas
    7         Park for administrative purposes; increasing and
    8         revising membership of the authority; increasing the
    9         term for each member; deleting provisions requiring a
   10         secretary and treasurer to be elected and the
   11         treasurer to post a surety bond; deleting other
   12         provisions to conform to changes made by the act;
   13         providing for a referendum; providing effective dates.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 1, and sections 3 and 8 of section 3, of
   18  chapter 2001-325, Laws of Florida, are amended to read:
   19         Section 1. Pursuant to section 189.429, Florida Statutes,
   20  this act constitutes the codification of all special acts
   21  relating to Pinellas Park Water Management District Authority.
   22  It is the intent of the Legislature to provide a single,
   23  comprehensive special act charter for the authority including
   24  all current legislative authority granted to it by its several
   25  legislative enactments and any additional authority granted by
   26  this act and chapter 189, Florida Statutes, as it may be amended
   27  from time to time. It is further the intent of this act to
   28  preserve all authority powers, including the power to annually
   29  assess and levy against the taxable property in the district a
   30  tax not to exceed 1.5 3 mills on the dollar of assessed
   31  valuation.
   32         Section 3. Pinellas Park Water Management District
   33  Authority.—
   34         (1) The Pinellas Park Water Management District Authority
   35  was created as the Pinellas Park Water Management District by
   36  special act of the Legislature in 1975. Its charter may be
   37  amended only by special act of the Legislature. The authority
   38  shall be housed within the City of Pinellas Park for
   39  administrative purposes.
   40         (2) The governing body of the authority shall consist of
   41  five three members, serving and selected as provided herein.
   42  Three members shall be selected by the Mayor and City Council of
   43  the City of Pinellas Park from the members of the council, one
   44  member shall be selected by the Mayor and City Council of the
   45  City of St. Petersburg from among the members of the council,
   46  Two members shall be appointed by the City Council of Pinellas
   47  Park and one member shall be selected appointed by the Pinellas
   48  County Board of County Commissioners from the members of the
   49  commission. The term of each appointed member shall be for 4 3
   50  years, or the balance of the member’s term as mayor, city
   51  council member, or county commission member under the Charter of
   52  the City of Pinellas Park, the Charter of Pinellas County, or
   53  the Charter of the City of St. Petersburg, respectively. Each
   54  selected appointed member shall hold office until his or her
   55  successor has been selected appointed and qualified. A vacancy
   56  occurring during a term shall be filled only for the balance of
   57  the unexpired term. If any selection is not made by the
   58  municipality as provided herein, the county commissioners shall
   59  appoint an eligible person to the authority with like effect as
   60  if the selection were made by the municipality. Any member of
   61  the authority shall be eligible for reappointment.
   62         (3) Each appointed member of the authority shall be a
   63  person who is a qualified elector of the district with an
   64  outstanding reputation for civic pride, interest, integrity,
   65  responsibility, and business ability. No person who is an
   66  officer or employee of any city or of the county in any
   67  capacity, except elected officials, shall be an appointed member
   68  of the authority.
   69         (3)(4) The authority shall annually elect one of its
   70  members as chair of the authority and one as a vice chair. At
   71  the same time, a secretary and treasurer shall be elected who
   72  may or may not be members of the authority, and they shall serve
   73  at the will of the authority. The treasurer shall post a good
   74  and sufficient surety bond in an amount approved by the Board of
   75  County Commissioners. Three Two members shall constitute a
   76  quorum and the vote of two members shall be necessary for any
   77  action taken by the authority. No vacancy in the authority shall
   78  impair the right of a quorum of the authority to exercise all of
   79  the rights and perform all of the duties of the authority. Upon
   80  the effective date of his or her appointment or, as soon
   81  thereafter as possible, each appointed member of the authority
   82  shall enter upon his or her duties.
   83         (4)(5) The district may shall appoint an engineer who shall
   84  be a person of recognized ability and experience to serve at the
   85  pleasure of the authority. The district may also appoint or
   86  employ such employees as may be necessary for the proper
   87  performance of its duties and functions, and may determine the
   88  qualifications and fix the compensation of such persons; also,
   89  the authority may contract for the services of attorneys,
   90  engineers, consultants, and agents for any purpose of the
   91  authority, including engineering, management feasibility, and
   92  other studies concerning the acquisition, construction,
   93  extension, operation, maintenance, regulation, consolidation,
   94  and financing of the system in the area.
   95         (5)(6) Members of the authority shall be entitled to
   96  receive from the authority their traveling and other necessary
   97  expenses incurred in connection with the business of the
   98  authority, as provided in section 112.061, Florida Statutes, but
   99  they shall receive no salaries or other compensation, with the
  100  exception of the benefits described in subsection (6) (7).
  101  During the unexpired term of any member of the authority, that
  102  member may be removed for misconduct, malfeasance, misfeasance,
  103  or nonfeasance in office by a two-thirds vote of both appointing
  104  governing bodies.
  105         (6)(7) Words importing singular number shall include the
  106  plural number in each case and vice versa, and the words
  107  importing persons shall include firms and corporations.
  108         Section 8. Independent special district taxation.—The
  109  Pinellas Park Water Management District shall be deemed an
  110  independent special district and is authorized to levy ad
  111  valorem tax on the taxable real property in the district at a
  112  rate sufficient to produce an amount that may be necessary for
  113  the purposes of this act, not to exceed 1.5 3 mills, provided
  114  such millage limit is approved by a vote of the electors who are
  115  not wholly exempt from taxation. Property taxes determined and
  116  levied under this section shall be certified by the authority to
  117  the county auditor, extended, assessed, and collected in like
  118  manner as provided by law for regular property taxes for the
  119  county or municipalities and in accordance with chapter 200,
  120  Florida Statutes. The proceeds under this section shall be
  121  remitted by the tax collector to the treasurer of the authority
  122  who shall credit them to the funds of the authority for use of
  123  the purposes of this law. At any time after making a tax levy
  124  under this section and certifying the same to the county, the
  125  authority may issue tax anticipation notes of indebtedness in
  126  anticipation of the collection of such taxes. If property in the
  127  district is not receiving or will not receive any benefit from
  128  the district’s works or activities, such property may be removed
  129  from the district by amendment to section 5 of the district’s
  130  enabling act, pursuant to the requirements of section 11.02,
  131  Florida Statutes, and section 10, Article III of the State
  132  Constitution.
  133         Section 2. The amendments to section 1, and section 8 of
  134  section 3, of chapter 2001-325, Laws of Florida, which lower the
  135  cap on the levy of ad valorem taxation to 1.5 mills shall take
  136  effect only upon approval to lower the millage cap by a majority
  137  vote of those qualified electors of the Pinellas Park Water
  138  Management District Authority voting in a referendum to be held
  139  by the Pinellas County Board of County Commissioners in
  140  conjunction with the November 2010 general election. The
  141  question presented to the electors voting in that referendum
  142  shall be expressed as an option to approve either the lowering
  143  of the millage cap to 1.5 mills or the retaining of the current
  144  millage cap of 3 mills.
  145         Section 3. Except as otherwise provided by this act, this
  146  act shall take effect upon becoming a law.