| 1 | A bill to be entitled |
| 2 | An act relating to the Gasparilla Island Bridge Authority, |
| 3 | Lee and Charlotte Counties; amending chapter 2000-425, |
| 4 | Laws of Florida; renaming the authority; providing that |
| 5 | the district is an independent special district; revising |
| 6 | vote requirements for the election of the voting members |
| 7 | of the board of supervisors; revising the district's |
| 8 | fiscal year; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Sections 1 through 23 of section 2 of chapter |
| 13 | 2000-425, Laws of Florida, are amended to read: |
| 14 | Section 1. LEGISLATIVE FINDINGS.-It is declared as a |
| 15 | matter of legislative determination that the residents of |
| 16 | Gasparilla Island and its neighboring islands have a vital |
| 17 | interest in the operation and the continued maintenance and |
| 18 | improvement of the bridge and causeway linking the islands to |
| 19 | the mainland. The bridge and causeway were constructed in 1952 |
| 20 | by a private company. That company and its successors have |
| 21 | operated the bridge and collected tolls since 1952 under a 50- |
| 22 | year lease from the state which expires in May 2002. The |
| 23 | residents of Gasparilla Island are the primary users of the |
| 24 | bridge and pay the majority of tolls collected for its continued |
| 25 | maintenance. It is the intent of the Legislature to create an |
| 26 | independent special district authority on Gasparilla Island and |
| 27 | surrounding islands, in both Lee and Charlotte Counties, with |
| 28 | overall responsibility for the ownership, operation, |
| 29 | maintenance, repair, and reconstruction of the bridge and |
| 30 | causeway connecting Gasparilla Island with the mainland in |
| 31 | Charlotte County, thereby creating an organization to permit the |
| 32 | continuing responsibility on the part of the residents of |
| 33 | Gasparilla Island and surrounding islands for the operation, |
| 34 | maintenance, repair, and reconstruction of the bridge and |
| 35 | causeway. This act shall be known as "The Gasparilla Island |
| 36 | Bridge Agency Authority Act." |
| 37 | Section 2. AGENCY AUTHORITY CREATED.-There is hereby |
| 38 | created and established an independent special district and a |
| 39 | local governmental body, corporate and politic, to be known as |
| 40 | the Gasparilla Island Bridge Agency Authority. The boundaries of |
| 41 | the district authority shall include: all of Gasparilla Island, |
| 42 | including Boca Grande Isles and Gasparilla Golf Course Island, |
| 43 | Three Sisters Island, Hoagen's Key, Loomis Island, and Cole |
| 44 | Island situated in Lee County and Charlotte County including all |
| 45 | adjacent submerged lands, tidal lands, overflow lands, and tidal |
| 46 | ponds hereinafter referred to as the "islands," and the |
| 47 | following described lands located on or between the islands and |
| 48 | the mainland of Charlotte County, Florida: |
| 49 | Parcel I: |
| 50 | That real property described in the Final Judgment |
| 51 | entered in Condemnation Suit, Case #1048 entitled |
| 52 | Florida Bridge Company, Plaintiff -vs- Sunset Realty |
| 53 | Corporation, Defendant, Circuit Court, Charlotte |
| 54 | County, Florida, said judgment being dated June 18, |
| 55 | 1958, recorded June 13, 1958, in O.R. Book 39 at Page |
| 56 | 178, et. seq., of the Public Records of Charlotte |
| 57 | County, Florida, which property is more particularly |
| 58 | described as follows: A parcel containing 3.4937 acres |
| 59 | of land, lying and being in Charlotte County Florida, |
| 60 | lying 15' on either side of the following described |
| 61 | centerline: |
| 62 | Commencing at the intersection of Sections 26, 27, 34 |
| 63 | and 35, Township 42 South, Range 20 East; thence North |
| 64 | 89°47'36" West, 292.84 feet; thence North 22°39'51" |
| 65 | West 147.19 feet; thence North 16°28'24" East, 1,105.2 |
| 66 | feet to the South end of the South relief bridge as |
| 67 | constructed by the Florida Bridge Corp. under its |
| 68 | franchise, to point of beginning; thence from said |
| 69 | point of beginning South 16°28'24" West 286.85 feet to |
| 70 | a point of curvature; thence Southeasterly along a |
| 71 | curve whose radius is 2,864.79 feet, an arc distance |
| 72 | of 1,956.88 feet to a point; thence South 21°56'21" |
| 73 | East 800 feet to the center of the County road |
| 74 | pavement as exists at present, crossing the 30' R/W |
| 75 | line of said County road 157.6 feet North of the point |
| 76 | as established in the center of said County road, all |
| 77 | lying a being in Sections 26, 27, 34 and 35, Township |
| 78 | 42 South, Range 20 East, Charlotte County, Florida. |
| 79 | Parcel II: |
| 80 | The following described lands (herein Parcels A, B, C, |
| 81 | and D, respectively) situated in Charlotte County, |
| 82 | Florida: |
| 83 | Parcel A. Those lands described in instrument dated |
| 84 | November 26, 1954, between Boca Grande Inn, Inc., a |
| 85 | Florida corporation, and Florida Bridge Company, a |
| 86 | Florida corporation, recorded April 11, 1958 in O.R. |
| 87 | Book 36, Page 211 et. seq. Of the Public Records of |
| 88 | Charlotte County, Florida, more particularly described |
| 89 | as follows: |
| 90 | A strip or parcel of land in Section 12, Township 42 |
| 91 | South, Range 20 East, which strip or parcel is 33 feet |
| 92 | on each side of, as measured at right angles to, the |
| 93 | following described center line: From the intersection |
| 94 | of the centerline of the Seaboard Air Line Railroad |
| 95 | (Charlotte Harbor and Northern Railroad) with the |
| 96 | center line of Florida State Road No. 775 in said |
| 97 | Section 12, run North 59°01'06" West, (being the same |
| 98 | line as shown as having a bearing of North 58°59' West |
| 99 | on the right-of-way map of said State Road) along the |
| 100 | center line of said State Road No. 775 for 1,260 feet |
| 101 | to a point of curve of a curve to the right; thence |
| 102 | continue along the tangent of said curve for 111.93 |
| 103 | feet to a point; thence run South 01°00'54" West for |
| 104 | 55.64 feet to a point on the South right-of-way line |
| 105 | of State Road No. 775 and the point of beginning of |
| 106 | the center line of the lands hereby conveyed; from |
| 107 | said point of beginning continue South 01°00'54" West |
| 108 | for 1,049.49 feet to the point of curve of a curve to |
| 109 | the right having a radius of 2,864.79 feet; thence run |
| 110 | Southerly to Southwesterly along the arc of said curve |
| 111 | for 420 feet, more or less, to the mean high water |
| 112 | mark of Gasparilla Sound. All bearings hereinabove |
| 113 | mentioned are plane coordinate bearings for the |
| 114 | Florida West Zone. |
| 115 | Parcel B. Those lands described in Grant of Right-of- |
| 116 | Way from the Trustees of the Internal Improvement |
| 117 | Trust Fund of the State of Florida to Florida Bridge |
| 118 | Company, Inc. dated December 30, 1954, bearing |
| 119 | instrument no. 20840, recorded January 26, 1955, in |
| 120 | O.R. Book 1, Page 146 et. seq. of the Public Records |
| 121 | of Charlotte County, Florida, as amended, more |
| 122 | particularly described as follows: |
| 123 | CAUSEWAY RIGHT-OF-WAY |
| 124 | Lands for highway right-of-way purposes across the |
| 125 | submerged bottoms of Gasparilla Sound from the mean |
| 126 | high water mark of said Sound on the mainland at the |
| 127 | town of Placida to the mean high water mark on |
| 128 | Gasparilla Island, said lands being 300 feet wide on |
| 129 | each side of, as measured at right angles to, a center |
| 130 | line, more particularly described as follows: |
| 131 | Commence at the intersection of the center line of the |
| 132 | S.A.L. R.R. and the center line of S.R. No. 775 in |
| 133 | Section 12, Township 42 South, Range 20 East, |
| 134 | Charlotte County, Florida. |
| 135 | Thence North 59°01'06" West along the center of said |
| 136 | S.R. No. 775 1,260 feet the P.C. of a curve to the |
| 137 | right; |
| 138 | Thence continue along the tangent to said curve 111.93 |
| 139 | feet to a point; |
| 140 | Thence South 01°01'09" West 900 feet, more or less, to |
| 141 | the mean high water mark of Gasparilla Sound, said |
| 142 | point being the point of beginning of the easement |
| 143 | herein granted; From P.O.B. continue South 01°01'09" |
| 144 | West 593.95 feet to a point in Gasparilla Sound, said |
| 145 | point being 930 feet from, as measured at right angles |
| 146 | to, the center line of said S.A.L. R.R.; |
| 147 | Thence South 16°28'24" West parallel to and 930 feet |
| 148 | from said center line 8,743 feet to the mean high |
| 149 | water mark of Gasparilla Sound on Gasparilla Island, |
| 150 | said high water mark being the terminus of this center |
| 151 | line. |
| 152 | AND |
| 153 | An area on the Northwesterly side of the causeway |
| 154 | center line beginning 100 feet off shore from the |
| 155 | Placida side of Gasparilla Sound and extending |
| 156 | Southwesterly parallel to the center line of said |
| 157 | causeway for a distance of 4,000 feet. The |
| 158 | Northwesterly limits of said area shall be not more |
| 159 | than 1,500 feet from said center line and the |
| 160 | Southeasterly limits shall be not less than 1,000 feet |
| 161 | from said causeway center line. |
| 162 | AND |
| 163 | An area on the Southeasterly side of the causeway |
| 164 | center line beginning 100 feet off shore from the |
| 165 | Placida side of Gasparilla Sound and extending |
| 166 | Southwesterly parallel with center line of causeway |
| 167 | for a distance of 9,000 feet. The Southeasterly limits |
| 168 | of said area shall be not more than 600 feet from said |
| 169 | center line and the Northwesterly limits shall be the |
| 170 | right-of-way for causeway. |
| 171 | LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
| 172 | The lands conveyed by Robert L. King and Carroll C. |
| 173 | Cozart, as personal representative of the estate of |
| 174 | Robert T. Cozart, deceased, to Gasparilla Pass, Inc. |
| 175 | by deed dated July 16, 1981, recorded July 16, 1981 in |
| 176 | O.R. Book 672 at Page 1045 et. seq. of the Public |
| 177 | Records of Charlotte County, Florida, more |
| 178 | particularly described as follows: |
| 179 | A tract of parcel of land lying in Section 26, |
| 180 | Township 42 South, Range 20 East, Charlotte County, |
| 181 | Florida which tract or parcel is described as follows: |
| 182 | From the Southwest corner of said Section 26 on |
| 183 | Gasparilla Island as shown on the plat of Gulf Shores |
| 184 | North recorded in Plat Book 13 beginning at Page 9A, |
| 185 | Charlotte County Records run North 89°45'15" West |
| 186 | along the South line of Section 27 as shown on said |
| 187 | plat for 82.13 feet to an intersection with the |
| 188 | centerline of Gasparilla Road (50 feet wide); thence |
| 189 | run Northerly along said centerline as shown on said |
| 190 | plat along the arc of a curve to the right of radius |
| 191 | 2,864.79 feet (chord bearing North 05°14'34" East) for |
| 192 | 1,123.99 feet to a point of tangency; thence continue |
| 193 | along said centerline North 16°28'45" East, parallel |
| 194 | with and 930 feet Westerly from (as measured on a |
| 195 | perpendicular) the centerline of the Seaboard Coast |
| 196 | Line Railroad, for 527.77 feet to the Northerly end of |
| 197 | the South Relief Bridge on the Boca Grande Causeway; |
| 198 | thence continue North 16°28'45" East along said |
| 199 | centerline as described in instruments recorded in |
| 200 | Official Records Book 1 at Page 145, Official Records |
| 201 | Book 7 at Page 177, and Official Records Book 479 at |
| 202 | Page 817 of said public records for 2,549.58 feet to |
| 203 | the southerly end of the Center Relief Bridge and the |
| 204 | Point of Beginning of lands described in said |
| 205 | instrument recorded in Official Record Book 479 at |
| 206 | Page 817 and the Point of Beginning of the herein |
| 207 | described parcel. |
| 208 | From said Point of Beginning run South 79°31'15" East |
| 209 | for 37 feet more or less to the approximate mean high |
| 210 | tide line of Charlotte Harbor, thence run |
| 211 | Southeasterly, Southerly, Southwesterly, Southerly, |
| 212 | Southeasterly, Southerly, Southwesterly, Southerly, |
| 213 | Southeasterly, Southerly, Southwesterly, Southerly, |
| 214 | Southeasterly, Southerly, Southwesterly, Southerly, |
| 215 | Southeasterly, Southerly, Southwesterly and Westerly |
| 216 | along said approximate mean high tide line for 3,000 |
| 217 | feet more or less to a concrete seawall on the |
| 218 | easterly line of the Florida Bridge company right-of- |
| 219 | way (120 feet wide); thence run Southerly and |
| 220 | Southwesterly along said seawall to an intersection |
| 221 | with an easterly prolongation of the Northerly end of |
| 222 | said South Relief Bridge; thence run North 73°31'15" |
| 223 | West along said prolongation, said North line and a |
| 224 | Westerly prolongation of said North line for 85 feet |
| 225 | more or less to the approximate mean high tide line of |
| 226 | Gasparilla Pass; thence run-along said approximate |
| 227 | mean high tide line Northwesterly, Northerly, |
| 228 | Northeasterly and Northerly for 2,650 feet more or |
| 229 | less to an intersection with the Westerly prolongation |
| 230 | of said South line of said Center Relief Bridge; |
| 231 | thence run South 73°31'15" East along said |
| 232 | prolongation and said South line for 45 feet more or |
| 233 | less to the Point of Beginning. |
| 234 | Bearing hereinafter mentioned are Plan Coordinate for |
| 235 | the Florida West Zone. |
| 236 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
| 237 | The lands conveyed to A.E. Blackburn and his wife, |
| 238 | Mary M. Blackburn, Robert S. Maynard and Mildred M. |
| 239 | Maynard and Samuel Schuckman and Lucile Schuckman by |
| 240 | deeds recorded in O.R. Book 13, Page 360, O.R. Book |
| 241 | 42, Page 502 and O.R. Book 43, Page 353 of the Public |
| 242 | Records of Charlotte County Florida: |
| 243 | From the meander corner between Section 22 and 27, |
| 244 | Township 42 South, Range 20 East, on Little Gasparilla |
| 245 | Island, as established in 1908 by Charles M. Pidgeon, |
| 246 | run East 618 feet to a point for point of beginning. |
| 247 | Thence as follows: |
| 248 | North 3°30' East, 420 feet, |
| 249 | North 42°00' East, 290 feet, |
| 250 | North 70°30' East, 660 feet, |
| 251 | South 62°00' East, 930 feet, |
| 252 | South 45°30' East, 380 feet, |
| 253 | South 66°30' East, 660 feet, |
| 254 | South 5°00' East, 515 feet, |
| 255 | South 76°00' West, 575 feet, |
| 256 | South 62°00' West, 910 feet, |
| 257 | North 76°30' West, 1180 feet, |
| 258 | North 4°30' West, 935 feet, |
| 259 | to a Point of Beginning containing 82.20 acres more or |
| 260 | less; |
| 261 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
| 262 | A portion of the lands described in warranty deed from |
| 263 | Bert L. Cole and Helen Cole, husband and wife, to |
| 264 | Brunswick Corporation dated January 2, 1973, recorded |
| 265 | January 2, 1973 in O.R. Book 407, Page 766 and fee |
| 266 | simple deed dated September 1, 1972 in O.R. Book 401, |
| 267 | Page 882 of the Public Records of Charlotte County, |
| 268 | Florida, more particularly described as follows: |
| 269 | Commence at the N.W. corner of Section 12, Township 42 |
| 270 | South, Range 20 East, Charlotte County, Florida; |
| 271 | thence South 0°11'00" West along the West line of said |
| 272 | Section 12, 2073.74' to a point on the Southeasterly |
| 273 | right-of-way (100' right-of-way) of State Road No. |
| 274 | 775; thence South 48°03'00" East along said right-of- |
| 275 | way 941.68' for a point of beginning; thence continue |
| 276 | South 48°03'00" East, 209.58' to the Point of |
| 277 | Curvature of a curve to the left, said curve having a |
| 278 | central angle of 10°56'00" and a radius of 1,960.08'; |
| 279 | thence along the arc of said curve a distance of |
| 280 | 374.09' to the Point of Tangency; thence South |
| 281 | 0°11'00" West, 979.29' thence North 80°34'09" West, |
| 282 | 948.20'; thence North 0°41'48" West, 699.41'; thence |
| 283 | North 45°16'45" East, 690.82' to the Point of |
| 284 | Beginning. |
| 285 | Less all that part of the above described lands lying |
| 286 | East of the West boundary of the right-of-way of the |
| 287 | Boca Grande Causeway. |
| 288 | All lying and being in Section 12, Township 42 South, |
| 289 | Range 20 East, Charlotte County, Florida. |
| 290 | ALSO LESS AND EXCEPT FROM PARCEL B THE FOLLOWING: |
| 291 | A portion of the lands described in warranty deeds |
| 292 | from Placida Sound Corporation to James O. Dixon, Jay |
| 293 | D. Moser and Janice D. Parrish dated January 19, 1979, |
| 294 | recorded January 22, 1979, in O.R. Book 593, Page 1713 |
| 295 | and deeds recorded in O.R. Book 671, Page 1915 and |
| 296 | O.R. Book 671, Page 1914, Public Records of Charlotte |
| 297 | County, Florida, more particularly described as |
| 298 | follows: Commence at the Northwest corner of Section |
| 299 | 12, Township 42 South, Range 20 East, Charlotte |
| 300 | County, Florida; thence South 0°11'00" West, along |
| 301 | West boundary of said Section 12, 2,952.87 feet; |
| 302 | thence South 41°59'07" East 317.87 feet; then South |
| 303 | 0°41'48" East, 699.41 feet for a P.O.B.; thence |
| 304 | continue South 0°41'48" East, 602.98 feet; thence |
| 305 | South 76°03'07" East 730.00 feet to a point on the |
| 306 | Westerly R/W of Boca Grande Causeway (66'R/W) thence |
| 307 | Northerly along said R/W 651.18 feet to a point that |
| 308 | bears North 8°14'06" East from the previous course; |
| 309 | thence North 80°34'09" West 820.17 feet to the Point |
| 310 | of Beginning. All lying and being in Section 12, |
| 311 | Township 42 South, Range 20 East, Charlotte County, |
| 312 | Florida. |
| 313 | Parcel C. Those lands described in Right-of-Way from |
| 314 | A. E. Blackburn and Mary M. Blackburn, husband and |
| 315 | wife, to Florida Bridge Company dated July 5, 1956, |
| 316 | recorded in O.R. book 118, Page 675 of the Public |
| 317 | Records of Charlotte County, Florida, more |
| 318 | particularly described as follows: |
| 319 | A strip of land 33 feet on each side of the center |
| 320 | line of Florida Bridge Company causeway across the |
| 321 | Easterly part of the following described property: |
| 322 | From the meander corner between Section 22 and 27, |
| 323 | Township 42 South, Range 20 East, on Little Gasparilla |
| 324 | Island, as established in 1908 by Charles M. Pidgeon, |
| 325 | run East 618 feet to a point for point of beginning, |
| 326 | Thence as follows: |
| 327 | North 3°30'East, 420 feet, |
| 328 | North 42°00' East, 290 feet, |
| 329 | North 70°30' East, 660 feet, |
| 330 | South 62°00' East, 930 feet, |
| 331 | South 45°30' East, 380 feet, |
| 332 | South 66°30' East, 660 feet, |
| 333 | South 5°00' East, 515 feet, |
| 334 | South 76°00' West, 575 feet, |
| 335 | South 62°00' West, 910 feet, |
| 336 | North 76°30' West, 1,180 feet, |
| 337 | North 4°30' West, 935 feet, |
| 338 | to Point of Beginning containing 82.20 acres more or |
| 339 | less; |
| 340 | Parcel D. Those lands described in instrument between |
| 341 | G. M. Cole, joined by his wife, Addie Cole, and |
| 342 | Florida Bridge Company, Inc. dated September 12, 1952, |
| 343 | recorded December 1, 1955, in O.R. Book 7, Page 177 |
| 344 | et. seq. of the Public Records of Charlotte County, |
| 345 | Florida, more particularly described as follows: |
| 346 | A strip of land across Cole Island, extending from the |
| 347 | Northerly to the Southerly end thereof and being 120 |
| 348 | feet in width (60 feet on each side of the center line |
| 349 | of Florida Bridge Company causeway), such center line |
| 350 | of said easement begin parallel to and 930 feet |
| 351 | Westerly from the center line of the Seaboard Airline |
| 352 | Railroad Company track. |
| 353 | Section 3. PURPOSES.- |
| 354 | (1) The district authority is created for the purpose of |
| 355 | acquiring, constructing, reconstructing, financing, owning, |
| 356 | managing, providing, promoting, improving, expanding, |
| 357 | maintaining, operating, regulating, franchising, and otherwise |
| 358 | having complete authority, with respect to the Gasparilla Island |
| 359 | bridge and causeway within the territorial limits of Charlotte |
| 360 | County, and areas adjacent thereto. It is further the purpose of |
| 361 | this act to repose in the district authority all powers with |
| 362 | respect to operating, maintaining, repairing, and improving the |
| 363 | bridge and causeway, including the power to set bridge toll |
| 364 | rates and collect bridge tolls, and such other additional powers |
| 365 | as are hereafter designated by this act. |
| 366 | (2) The Legislature finds and declares that the creation |
| 367 | of the district authority and the carrying out of its purposes |
| 368 | are in all respects for the benefit of the people of this state |
| 369 | and the people of Lee and Charlotte Counties. The district |
| 370 | authority is performing an essential governmental function. All |
| 371 | property of said district authority is and shall in all respects |
| 372 | be considered to be public property, and title to such property |
| 373 | shall be held by the district authority for the benefit of the |
| 374 | public. The use of such property, until disposed of upon such |
| 375 | terms as the district authority may deem just, shall be for |
| 376 | essential public and governmental purposes. |
| 377 | (3) It is the intent of this act to create the district |
| 378 | authority as an independent special district that meets all the |
| 379 | requirements for independent special districts provided in |
| 380 | chapter 189, Florida Statutes. |
| 381 | Section 4. DEFINITIONS.-As used in this act, the following |
| 382 | words and terms shall have the following meanings, unless some |
| 383 | other meaning is plainly intended: |
| 384 | (1) "Authority" means the Gasparilla Island Bridge |
| 385 | Authority acting by and through its governing body as |
| 386 | established under section 2. |
| 387 | (1)(2) "Board" means the Board of Supervisors of the |
| 388 | Gasparilla Island Bridge Agency. |
| 389 | (2)(3) "Charlotte County Commission" means the Charlotte |
| 390 | County Board of County Commissioners. |
| 391 | (3) "District" means the Gasparilla Island Bridge Agency |
| 392 | acting by and through its governing body as established under |
| 393 | section 2. |
| 394 | (4) "Lee County Commission" means the Lee Charlotte County |
| 395 | Board of County Commissioners. |
| 396 | (5) "Clerk" means the clerk of the circuit court and the |
| 397 | ex officio Clerk of the Board of County Commissioners of |
| 398 | Charlotte County or Lee County. |
| 399 | (6) "Cost" as applied to the acquisition, construction, |
| 400 | extension, additions, or improvements to the bridge and causeway |
| 401 | or to the establishment of the district authority includes the |
| 402 | cost of: construction or reconstruction; acquisition or purchase |
| 403 | of real or personal property; expenses relating to the issuance |
| 404 | of bonds; indemnity or surety bonds; premiums for insurance on |
| 405 | real or personal property; expenses related to the establishment |
| 406 | of the district authority; labor, materials, machinery, |
| 407 | supplies, and equipment; any interest in land including all |
| 408 | property rights, easements, and franchises of any nature; |
| 409 | finance charges; interest payments; payments for the creation of |
| 410 | initial reserve or debt service reserve funds; bond discount; |
| 411 | architectural and engineering services; financial and banking |
| 412 | services; legal and accounting services; all other expenses |
| 413 | necessary or incidental for determining the feasibility of |
| 414 | construction, reconstruction, or acquisition; all other expenses |
| 415 | necessary or incidental to any financing authorized herein; |
| 416 | reimbursement of any other person, firm, or corporation for any |
| 417 | moneys or services advanced to the district authority in |
| 418 | connection with any of the foregoing items of cost. |
| 419 | (7) "Elector" means any registered voter within the |
| 420 | boundaries of the district authority. |
| 421 | (8) "Executive director" shall be the chief executive |
| 422 | officer of the district authority, who shall carry out the |
| 423 | policies of the district authority. |
| 424 | (9) "Gross receipts" means any income received from all |
| 425 | tolls collected for the use of the bridge and causeway and other |
| 426 | income received from all other sources, including income |
| 427 | received from taxpayers from ad valorem tax assessments. |
| 428 | (10) "Taxpayer" means any natural or corporate person who |
| 429 | owns real property within the boundaries of the district |
| 430 | authority. |
| 431 | (11) "Revenue bonds" or "bonds" means bonds or other |
| 432 | obligations secured by and payable from the revenues derived |
| 433 | from tolls, fees, or charges collected by the district authority |
| 434 | from users or future users of the facilities of the system, |
| 435 | which may be additionally secured by a pledge of the proceeds of |
| 436 | ad valorem taxes levied against property within the boundaries |
| 437 | of the district authority, all to the extent determined by |
| 438 | resolution of the district authority. |
| 439 | (12) "Bridge and causeway system" means and includes all |
| 440 | bridges, causeways, roadways, toll facilities, or property and |
| 441 | additions, extensions, and improvements thereto at any future |
| 442 | time constructed and acquired as part thereof, useful or |
| 443 | necessary or having the present capacity for future use in |
| 444 | connection with maintaining a bridge and roadway across |
| 445 | Gasparilla Pass in Charlotte County. |
| 446 | Section 5. GOVERNING BODY.- |
| 447 | (1) The governing body of the district authority shall |
| 448 | consist of nine members acting as the Board of Supervisors. Five |
| 449 | of these members shall be voting members with full power to |
| 450 | conduct the business of the district authority by majority vote |
| 451 | of the voting members. The other four members shall serve as ex |
| 452 | officio, nonvoting members who shall participate in board |
| 453 | discussions as representatives of the taxpayers who are not |
| 454 | qualified as electors of the district authority. Each member |
| 455 | shall serve terms of 4 years, provided that the initial members |
| 456 | of the Board of Supervisors and their terms of office shall be |
| 457 | as follows: |
| 458 | (a) Board Supervisor No. 1, Board Supervisor No. 3, Board |
| 459 | Supervisor No. 5, Board Supervisor No. 7, and Board Supervisor |
| 460 | No. 9 shall be appointed by the Lee County Commission and serve |
| 461 | until November 15, 1996. These supervisor positions shall be |
| 462 | first elected or appointed thereafter as herein described. |
| 463 | (b) Board Supervisor No. 2, Board Supervisor No. 4, Board |
| 464 | Supervisor No. 6, and Board Supervisor No. 8 shall be appointed |
| 465 | by the Charlotte County Commission and serve until November 15, |
| 466 | 1996. These supervisor positions shall be elected or appointed |
| 467 | thereafter as herein described. |
| 468 | (2) Board Supervisor No. 1, Board Supervisor No. 2, Board |
| 469 | Supervisor No. 3, Board Supervisor No. 4, and Board Supervisor |
| 470 | No. 5 shall be voting members of the Board of Supervisors who |
| 471 | are qualified as electors within the boundaries of the district |
| 472 | authority. Board Supervisor No. 6, Board Supervisor No. 7, Board |
| 473 | Supervisor No. 8, and Board Supervisor No. 9 shall be ex |
| 474 | officio, nonvoting members who are appointed by the board at its |
| 475 | first meeting following the general election. The ex officio, |
| 476 | nonvoting members must be either electors or taxpayers from |
| 477 | within the boundaries of the district. No board member shall be |
| 478 | elected or appointed for more than two consecutive 4-year terms |
| 479 | except the chair, who may be elected to a maximum of three 4- |
| 480 | year terms. The chair must be a voting member of the board. |
| 481 | (3) The voting members of the Board of Supervisors shall |
| 482 | be elected by a plurality majority of the electors of the |
| 483 | district authority voting in the general election in November of |
| 484 | each even numbered year. Each elector may exercise one vote. |
| 485 | Those members duly elected to serve will take office on November |
| 486 | 15 following their election. |
| 487 | (a) Board Supervisor No. 1, Board Supervisor No. 3, Board |
| 488 | Supervisor No. 5, Board Supervisor No. 6, and Board Supervisor |
| 489 | No. 8 shall be first elected or appointed in the November 1996 |
| 490 | election and every fourth year thereafter. |
| 491 | (b) Board Supervisor No. 2, Board Supervisor No. 4, Board |
| 492 | Supervisor No. 7, and Board Supervisor No. 9 shall be first |
| 493 | elected or appointed at the November 1996 election to a 2-year |
| 494 | term. They shall be appointed or stand for election to a full 4- |
| 495 | year term commencing at the November 1998 election and shall be |
| 496 | elected or appointed every fourth year thereafter. |
| 497 | (4) The district authority is authorized to conduct its |
| 498 | elections independently or through the Lee County or Charlotte |
| 499 | County Supervisor of Elections. Should the district authority |
| 500 | elect to conduct its own elections, it shall make its election |
| 501 | procedures consistent with the Florida Election Code, chapters |
| 502 | 97 through 106, Florida Statutes, for the following: |
| 503 | (a) Qualifying periods, in accordance with section 99.061, |
| 504 | Florida Statutes; |
| 505 | (b) Petition format, in accordance with rules adopted by |
| 506 | the Florida Division of Elections; |
| 507 | (c) Canvassing of returns, in accordance with sections |
| 508 | 101.5614 and 102.151, Florida Statutes; |
| 509 | (d) Noticing special district elections, in accordance |
| 510 | with chapter 100, Florida Statutes; |
| 511 | (e) Polling hours, in accordance with section 100.011, |
| 512 | Florida Statutes. |
| 513 | (5) Upon the occasion of a vacancy for any reason in the |
| 514 | term of office of a voting member of the governing body of the |
| 515 | district authority, a successor shall be appointed by the |
| 516 | Governor. Any person appointed to fill a vacancy shall be |
| 517 | appointed to serve for the balance of the unexpired term or |
| 518 | until the next election at which a successor may be duly elected |
| 519 | to fill the balance of the unexpired term. |
| 520 | (6) Upon the occasion of a vacancy for any reason in the |
| 521 | term of office of an ex officio nonvoting member, a successor |
| 522 | shall be appointed by a majority of the voting members of the |
| 523 | governing body of the district authority. |
| 524 | (7) The Board of Supervisors shall elect a chair and vice |
| 525 | chair from members of the district authority, each of whom shall |
| 526 | serve for 1 year or until his or her successor is chosen. The |
| 527 | chair, or the vice chair in the chair's absence, shall preside |
| 528 | at all meetings of the district authority and shall perform such |
| 529 | additional duties as prescribed by the members or contained in |
| 530 | the bylaws of the district authority. The district authority |
| 531 | shall hold regular meetings at least |
| 532 | places as it may designate and may |
| 533 | meetings. Three voting members |
| 534 | purpose of meeting and transacting business. Each voting member |
| 535 | of the district authority shall have one vote. The district |
| 536 | authority may adopt bylaws and may make all policies, |
| 537 | procedures, rules, and regulations not inconsistent with this |
| 538 | act which it may deem necessary respecting the conduct of its |
| 539 | affairs. Such policies, procedures, rules, and regulations shall |
| 540 | provide for notice of all public meetings in conformity with the |
| 541 | requirements of section 189.417, Florida Statutes, and shall |
| 542 | provide that an agenda shall be prepared by the district |
| 543 | authority in time to ensure that a copy of the agenda will be |
| 544 | available at least 3 days prior to any regular meetings of the |
| 545 | district authority. After the agenda has been made available, |
| 546 | items may be added for good cause, as determined by the chair or |
| 547 | person designated to preside at the meeting. The reason for |
| 548 | adding an item to the agenda shall be stated in the record. |
| 549 | Special or emergency meetings may be called by the chair upon no |
| 550 | less than 48 hours' notice. The district authority shall publish |
| 551 | and thereafter codify and index all rules, regulations, and |
| 552 | resolutions formulated, adopted, or used by the district |
| 553 | authority in the discharge of its functions. Such rules, |
| 554 | regulations, and resolutions shall be made available for public |
| 555 | inspection and copying, at no more than cost. The district |
| 556 | authority shall not be deemed to be an agency within the meaning |
| 557 | of chapter 120, Florida Statutes. The district authority shall |
| 558 | be deemed to be an agency within the meaning of chapter 119, |
| 559 | Florida Statutes, and all records of the district authority |
| 560 | shall be open to the public. The district authority shall be |
| 561 | deemed an agency or district authority of the county for |
| 562 | purposes of section 286.011, Florida Statutes, the "Government |
| 563 | in the Sunshine" law. Voting members of the Board of Supervisors |
| 564 | shall be deemed to be local officers for the purposes of section |
| 565 | 112.3145(3), Florida Statutes, requiring disclosure of their |
| 566 | financial interests. These statements of financial interests |
| 567 | shall be filed with the Lee County Supervisor of Elections and |
| 568 | available for public inspection. In addition to the foregoing, |
| 569 | the district authority shall comply with the requirements of |
| 570 | section 189.417, Florida Statutes, regarding notice of meetings |
| 571 | which shall be deemed to supersede any inconsistent provisions |
| 572 | of this section in the event of conflict. |
| 573 | (8) The district authority shall appoint an executive |
| 574 | director who shall serve at the pleasure of the district |
| 575 | authority. In addition to the appointment of an executive |
| 576 | director, the district authority may contract for all or part of |
| 577 | such services with any third party, including the clerk. |
| 578 | (9) Each member of the Board of Supervisors shall serve |
| 579 | without compensation; however, supervisors shall receive travel |
| 580 | and per diem expenses as set forth in section 112.061, Florida |
| 581 | Statutes, when traveling on official business for the district |
| 582 | authority. |
| 583 | (10) A board member may be removed for cause by the |
| 584 | Governor. |
| 585 | Section 6. POWERS AND DUTIES OF DISTRICT AUTHORITY.-The |
| 586 | district authority shall have the following powers and duties, |
| 587 | in addition to and supplementing other powers granted in this |
| 588 | act and powers granted to authorities by general law: |
| 589 | (1) To construct, install, erect, acquire, operate, |
| 590 | maintain, improve, extend, enlarge, or reconstruct a bridge, |
| 591 | causeway, and road system within the jurisdictional boundaries |
| 592 | of the district authority and the environs thereof and to have |
| 593 | the exclusive control and jurisdiction thereof, to borrow money |
| 594 | and issue bonds to pay all or part of the costs of such |
| 595 | construction, reconstruction, erection, acquisition, or |
| 596 | installation of such bridge, causeway, or road system or to |
| 597 | refund any indebtedness of the district authority. All capital |
| 598 | improvements shall be consistent with the comprehensive plan of |
| 599 | the applicable local government within the meaning of part II of |
| 600 | chapter 163, Florida Statutes. |
| 601 | (2) To regulate traffic and the use of the bridge and |
| 602 | causeway system within the district's authority's boundaries. |
| 603 | This traffic power shall be exercised concurrently with any |
| 604 | power inherent in Lee County or Charlotte County. In the event |
| 605 | of a conflict, the more stringent rule shall apply. |
| 606 | (3) To fix, modify, charge, and collect toll rates and |
| 607 | user fees from persons for the use of the bridge and causeway |
| 608 | system at such levels as the district authority deems |
| 609 | appropriate regardless of the costs associated with the bridge |
| 610 | and causeway system; provided, however, in no event shall tolls |
| 611 | for automobiles exceed $5 per round trip for a period of 10 |
| 612 | years after the effective date of this special act. The district |
| 613 | authority shall be subject to the provisions of section 338.165, |
| 614 | Florida Statutes, authorizing the continuation of tolls except |
| 615 | that the district authority may use any remaining toll revenue |
| 616 | after payments for debt service and the annual cost of |
| 617 | operation, maintenance, and improvement of the bridge and |
| 618 | causeway only for the purposes enumerated in this act. |
| 619 | (4) To acquire in the name of the district authority by |
| 620 | purchase or gift such lands and rights and interest therein, |
| 621 | including lands under water and riparian rights, and to acquire |
| 622 | such personal property as it may deem necessary in connection |
| 623 | with the construction, reconstruction, improvement, extension, |
| 624 | installation, erection, or operation and maintenance of the |
| 625 | bridge, causeway, and road system and to hold and dispose of all |
| 626 | real and personal property under its control. |
| 627 | (5) To exercise exclusive jurisdiction, control, and |
| 628 | supervision over the bridge and causeway system, or any part |
| 629 | thereof owned, operated, or maintained by the district authority |
| 630 | and to make and enforce such rules and regulations for the |
| 631 | maintenance and operation of the system as may be, in the |
| 632 | judgment of the district authority, necessary or desirable for |
| 633 | the efficient operation of the system or improvements in |
| 634 | accomplishing the purposes of this law. |
| 635 | (6) To restrain, enjoin, or otherwise prevent the |
| 636 | violation of this law or of any resolution, rule, or regulation |
| 637 | adopted pursuant to the powers granted by this law. |
| 638 | (7) To join with any other districts, municipalities, |
| 639 | towns, or other political subdivisions, public agencies, or |
| 640 | authorities in the exercise of common powers. |
| 641 | (8) To contract with other private or public entities or |
| 642 | persons to provide services to the district authority and to |
| 643 | receive and accept from any federal or state agency grants or |
| 644 | loans for or in aid of the purposes of the district authority. |
| 645 | (9) To enter into interlocal agreements with any |
| 646 | municipality, county, district, or political subdivision for any |
| 647 | corporate purpose of the district authority, including, but not |
| 648 | limited to, borrowing money for construction of improvements, |
| 649 | additions, or extension to the system. |
| 650 | (10) To sue and be sued in the name of the district |
| 651 | authority, and to do all acts and things necessary or convenient |
| 652 | for the conduct of its business and the general welfare of the |
| 653 | district authority in order to carry out the powers and duties |
| 654 | provided in this act or provided in any other law applicable to |
| 655 | counties. |
| 656 | (11) The executive director of the district authority |
| 657 | shall have the responsibility for carrying out the policies of |
| 658 | the Board of Supervisors of the district authority and keeping |
| 659 | and maintaining the seal and the records of the district |
| 660 | authority and for collecting, disbursing, investing, and |
| 661 | maintaining the funds of the district authority and such other |
| 662 | responsibilities as the board may instruct said executive |
| 663 | director to perform, provided that the district authority may |
| 664 | contract all or part of such services with any third party. |
| 665 | (12) The district authority shall comply with the |
| 666 | provisions of sections 189.415, 189.4155, 189.416, 189.417, and |
| 667 | 189.418, Florida Statutes, and other applicable provisions of |
| 668 | general law prescribed duties and responsibilities of special |
| 669 | districts. The district authority shall not be an agency for the |
| 670 | purposes of section 120.52(1), Florida Statutes. |
| 671 | (13) The district authority may assess and impose upon |
| 672 | lands in the district ad valorem taxes of no greater than 2 |
| 673 | mills of assessed value per year, as provided by this act and |
| 674 | chapter 197, Florida Statutes. The district authority may only |
| 675 | impose ad valorem taxes if both of the following conditions are |
| 676 | met: |
| 677 | (a) Following a referendum in which a majority of the |
| 678 | electors of the district voting in the election approve of the |
| 679 | levy of ad valorem tax. |
| 680 | (b) The district authority determines that the bridge |
| 681 | tolls being collected may be insufficient to repair, replace, or |
| 682 | maintain the bridge and causeway. |
| 683 |
|
| 684 | The district authority may conduct a special election, if |
| 685 | necessary, in order to seek voter approval of the ad valorem tax |
| 686 | levy. |
| 687 | (14) The Board of Supervisors of the district authority |
| 688 | may seek from the Legislature amendments to this act from time |
| 689 | to time as they deem necessary. In addition, the Board of |
| 690 | Supervisors of the district authority may petition the |
| 691 | Legislature for dissolution and abolition of the district |
| 692 | authority if they feel another unit of government could more |
| 693 | properly exercise the functions of the district authority at |
| 694 | that time. |
| 695 | (15) To establish reserves for debt service requirements |
| 696 | and a reserve fund for replacement and repair of the causeway |
| 697 | and other contingencies. |
| 698 | (16) To invest moneys in all investments which are lawful |
| 699 | under the laws of the state. |
| 700 | (17) To do all acts necessary or convenient for the |
| 701 | establishment of the district authority, the conduct of its |
| 702 | business, and the general welfare of the district authority in |
| 703 | order to carry out the powers granted herein. |
| 704 | (18) To pledge or otherwise encumber all or any part of |
| 705 | its gross receipts as security for its bonds. |
| 706 | (19) To exercise the right and power of eminent domain, |
| 707 | pursuant to the provisions of chapters 73 and 74, Florida |
| 708 | Statutes, over any property within the boundaries of the |
| 709 | district, except municipal, county, state, federal, or other |
| 710 | public property for the uses and purposes of the district |
| 711 | authority relating to the implementation of its powers as |
| 712 | described herein; provided such right shall only be exercised |
| 713 | over lands contiguous to or adjacent to the lands described as |
| 714 | Parcel I or Parcel II in section 2 or such other lands that |
| 715 | might be needed for the replacement or reconstruction of the |
| 716 | bridge and causeway system. |
| 717 | (20) To impose and foreclose tax liens as provided by this |
| 718 | act and chapter 197, Florida Statutes. |
| 719 | Section 7. BONDS.- |
| 720 | (1) The district authority may, from time to time, issue |
| 721 | bonds to pay the costs and expenses, other than operating |
| 722 | expenses, incurred in carrying out the purposes of this act or |
| 723 | to refund revenue bonds of the district authority issued |
| 724 | pursuant to this act. In anticipation of the sale of such bonds, |
| 725 | the district authority may issue bond anticipation notes and may |
| 726 | renew the same from time to time. Such notes may be paid from |
| 727 | the revenues derived by the district authority from the proceeds |
| 728 | of sale of the bonds of the district authority in anticipation |
| 729 | of which they were issued or from such other source as shall be |
| 730 | determined by the district authority. The notes shall be issued |
| 731 | in the same manner as the bonds. Bonds and notes shall be, and |
| 732 | shall be deemed to be, for all purposes, negotiable instruments, |
| 733 | subject only to the provisions of the bonds and notes for |
| 734 | registration. |
| 735 | (2) The bonds may be issued as serial bonds or as term |
| 736 | bonds or the district authority, in its discretion, may issue |
| 737 | bonds of both types. The district authority may issue capital |
| 738 | appreciation bonds or variable rate bonds. The bonds shall be |
| 739 | authorized by resolution of the district authority and shall |
| 740 | bear such date or dates, mature at such time or times, not |
| 741 | exceeding 40 years from their respective dates, bear interest at |
| 742 | such rate or rates, be payable at such time or times, be in such |
| 743 | denomination, be in such form, carry such registration |
| 744 | privileges, be executed in such manner, be payable from such |
| 745 | sources and in such medium or payment and at such place or |
| 746 | places, and be subject to such terms of redemption, including |
| 747 | redemption prior to maturity, as such resolution or resolutions |
| 748 | may provide. If any officer whose signature, or a facsimile of |
| 749 | whose signature, appears on any bonds or coupons ceases to be |
| 750 | such officer before the delivery of such bonds, such signature |
| 751 | or facsimile shall nevertheless be valid and sufficient for all |
| 752 | purposes as if he or she had remained in office until the |
| 753 | delivery. The bonds or notes may be sold at public or private |
| 754 | sale for such price or prices as the district authority shall |
| 755 | determine. Pending preparation of the definitive bonds, the |
| 756 | district authority may issue interim receipts or certificates |
| 757 | which shall be exchanged for such definitive bonds. The bonds |
| 758 | may be secured by such form of credit enhancement, if any, as |
| 759 | the district authority deems appropriate. The bonds may be |
| 760 | secured by an indenture of trust or trust agreement. |
| 761 | (3) The bonds may be validated, at the direction of the |
| 762 | district authority, pursuant to chapter 75, Florida Statutes. |
| 763 | Section 75.04(2), Florida Statutes, shall not apply to a |
| 764 | complaint for validation brought by the district authority. |
| 765 | Section 8. PLEDGE OF REVENUES.-The proceeds of all bonds |
| 766 | or other obligations issued under this law and all revenues |
| 767 | derived from other operation of the system which have been |
| 768 | pledged for the payment of any bonds or other obligations |
| 769 | authorized by this law shall be applied only in accordance with |
| 770 | the proceedings authorizing the issuance of any such bonds or |
| 771 | other obligations. The district authority may provide that the |
| 772 | moneys or the funds and accounts established by the proceedings |
| 773 | authorizing issuance of any revenue bonds shall be subject to |
| 774 | the lien of the pledge established by the proceedings without |
| 775 | any physical delivery thereof and the lien of the pledge shall |
| 776 | be valid and binding as against all parties bringing claims of |
| 777 | any kind in tort, contract, or otherwise against the district |
| 778 | authority. |
| 779 | Section 9. COVENANTS OF DISTRICT AUTHORITY WITH |
| 780 | BONDHOLDERS.-In addition to other provisions and requirements of |
| 781 | this law, any resolution authorizing the issuance of bonds or |
| 782 | any other obligations issued hereunder may contain provisions |
| 783 | and the district authority is authorized to provide and may |
| 784 | covenant and agree with the several holders of such bonds or |
| 785 | other obligations as to: |
| 786 | (1) Limitations on the powers of the district authority to |
| 787 | construct, acquire, or operate or permit the construction, |
| 788 | acquisition, or operation of any structures, facilities, or |
| 789 | properties which may compete or tend to compete with the system. |
| 790 | (2) Subject to this law, the manner and order of priority |
| 791 | of the disposition of revenues or redemption of any bonds or |
| 792 | other obligations. |
| 793 | (3) Terms and conditions for modification or amendment of |
| 794 | the resolution authorizing the issuance of bonds or other |
| 795 | obligations. |
| 796 | (4) Provisions as to the appointment of a receiver of the |
| 797 | system on default of principal or interest on any such bonds or |
| 798 | other obligations or the breach of any covenant or condition of |
| 799 | the resolution authorizing such bonds or other obligations. |
| 800 | (5) Provisions as to the maintenance of the system and |
| 801 | reasonable insurance thereof. |
| 802 | (6) Any other matters necessary to secure the bonds and |
| 803 | the payment of the principal and interest thereof. |
| 804 | (7) All such provisions of the resolution shall constitute |
| 805 | valid and legally binding contracts between the district |
| 806 | authority and several holders of any such bonds and shall be |
| 807 | enforceable by any such holder or holders by mandamus or other |
| 808 | appropriate action, suit, or proceeding in law or in equity in |
| 809 | any court of competent jurisdiction. |
| 810 | Section 10. PUBLICATION OF NOTICE OF ISSUANCE OF BONDS.- |
| 811 | Prior to the issuance of bonds or other obligations, the |
| 812 | district authority may, in its discretion, publish a notice at |
| 813 | least once in a newspaper or newspapers published and circulated |
| 814 | in Charlotte and Lee Counties stating the date of adoption of |
| 815 | the resolution authorizing such obligations, and the amount, |
| 816 | maximum rate of interest, and maturity of such obligations and |
| 817 | the purpose in general terms for which such obligations are to |
| 818 | be issued. |
| 819 | Section 11. BOND; QUALITIES OR NEGOTIABLE INSTRUMENTS; |
| 820 | RIGHTS OF HOLDERS.-All bonds issued hereunder shall not be |
| 821 | invalid for any irregularity or defect in the proceedings for |
| 822 | the issuance and sale thereof and shall be incontestable in the |
| 823 | hands of a bona fide purchaser for value. No proceedings in |
| 824 | respect to the issuance of such bonds shall be necessary except |
| 825 | such as are required by this act, by section 189.4085, Florida |
| 826 | Statutes, and by section 189.408, Florida Statutes. The |
| 827 | provisions of this act shall constitute an irrevocable contract |
| 828 | between the district authority and the holders of any such bonds |
| 829 | or coupons thereof issued pursuant to the provisions hereof. Any |
| 830 | holder of such bonds may either at law or in equity, by suit, |
| 831 | action, or mandamus, enforce and compel the performance of the |
| 832 | duties required by this act or of any of the officers or persons |
| 833 | herein mentioned in relation to said bonds, or the levy, |
| 834 | collection, and enforcement and application of the revenues, or |
| 835 | other funds pledged for the payment of the principal and |
| 836 | interest thereof. |
| 837 | Section 12. BUDGET; REPORTS AND REVIEW.- |
| 838 | (1) The district authority shall provide financial reports |
| 839 | in such form and in such manner as prescribed pursuant to this |
| 840 | act, chapter 218, and sections 189.418 and 11.45, Florida |
| 841 | Statutes. |
| 842 | (2) The fiscal year for the district authority shall |
| 843 | commence on October July 1 of each calendar year and shall |
| 844 | conclude on September June 30 of each calendar year. On or |
| 845 | before June 1, the executive director shall prepare a proposed |
| 846 | budget for the ensuing fiscal year to be submitted to the board |
| 847 | for board approval. The proposed budget shall include, at the |
| 848 | direction of the board, an estimate of all necessary |
| 849 | expenditures of the district authority for the ensuing fiscal |
| 850 | year and an estimate of income to the district authority from |
| 851 | all sources of revenue provided in this act. The board shall |
| 852 | consider the proposed budget and may either approve the budget |
| 853 | as proposed by the manager or modify the same in part or in |
| 854 | whole. |
| 855 | (3) The board shall cause to be made at least once a year |
| 856 | a comprehensive report of its system, including all matters |
| 857 | relating to expansions, acquisitions, rates, revenues, expenses |
| 858 | of maintenance, repair, and operation of the renewals and |
| 859 | capital replacements, principal and interest requirements, and |
| 860 | the status of all funds and accounts. Copies of such reports |
| 861 | shall be filed with the clerk and shall be open to public |
| 862 | inspection. The report shall be known as the annual audit report |
| 863 | and shall be issued by a certified public accountant appointed |
| 864 | by the board. The annual audit report may be included as a part |
| 865 | of any other report required by law or may be issued separately. |
| 866 | Section 13. DISTRICT AUTHORITY BONDS AS INVESTMENTS FOR |
| 867 | PUBLIC BODIES.-All bonds issued pursuant to this act shall be |
| 868 | and constitute legal investments for state, county, municipal, |
| 869 | and all other public funds and for banks, savings banks, |
| 870 | insurance companies, executors, administrators, trustees, and |
| 871 | all other fiduciaries and shall also be and constitute |
| 872 | securities eligible as collateral security for all state, |
| 873 | county, municipal, or other public funds, subject to the |
| 874 | restrictions and limitations of chapters 18, 136, 237, 518, 655, |
| 875 | 657, 658, and 660 through 665, Florida Statutes. |
| 876 | Section 14. BONDS AS PAYMENT FOR SERVICES.-The district |
| 877 | authority is authorized to enter into agreements for the |
| 878 | delivery of any bonds at one time or from time to time, as full |
| 879 | or partial payment for the services of any engineer or work done |
| 880 | by any contractor who may have been retained or hired or been |
| 881 | awarded a contract for the construction of all or any part of |
| 882 | the system. However, any such bonds so delivered for payment of |
| 883 | such services or work performed shall have been authorized and |
| 884 | issued in the manner provided in this act and shall otherwise |
| 885 | conform to the provisions hereof. |
| 886 | Section 15. CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS; |
| 887 | SEALED BIDS.-All contracts let, awarded, or entered into by the |
| 888 | district authority for the construction, reconstruction, or |
| 889 | improvements to the system or any part thereof, if the amount |
| 890 | thereof shall exceed $20,000, except for emergency repairs, |
| 891 | shall be awarded only after public advertisement and call for |
| 892 | sealed bids therefor, in a newspaper published and circulated in |
| 893 | Lee and Charlotte Counties, such advertisement to be published |
| 894 | at least once at least 3 weeks before the date set for the |
| 895 | receipt of such bids. Such advertisements for bids, in addition |
| 896 | to the other necessary and pertinent matters, shall state in |
| 897 | general terms, the nature and description of the improvement or |
| 898 | improvements to be undertaken and shall state that detailed |
| 899 | plans and specifications for such work are on file for |
| 900 | inspection in the office of the district authority and copies |
| 901 | thereof shall be furnished to any interested party upon payment |
| 902 | of reasonable charges to reimburse the district authority for |
| 903 | its expenses in providing such copies. The award shall be made |
| 904 | to the responsible and competent bidder or bidders who shall |
| 905 | offer to undertake the improvements at the lowest costs to the |
| 906 | district authority and such bidder or bidders shall be required |
| 907 | to file bond for the full and faithful performance of such work |
| 908 | and the execution of any such contract in such amount as the |
| 909 | district authority shall determine, and in all other respects |
| 910 | the letting of such construction contracts shall comply with |
| 911 | applicable provisions of the general laws relating to the |
| 912 | letting of public contracts. All purchases or expenditures of |
| 913 | supplies, materials, and equipment in excess of $10,000 shall be |
| 914 | made from the best of bids which are timely submitted. Nothing |
| 915 | in this section shall be deemed to prevent the district |
| 916 | authority from hiring or retaining such engineers, attorneys, |
| 917 | financial experts, or other technicians as it shall determine, |
| 918 | in its discretion, or from undertaking any construction work |
| 919 | with its own resources, without any such public advertisement. |
| 920 | Section 16. CONVEYANCE OF PROPERTY WITHOUT CONSIDERATION.- |
| 921 | Any municipality, political subdivision, agency, or district |
| 922 | authority shall be authorized to sell, lease, grant, or convey |
| 923 | any real or personal property to the district authority and any |
| 924 | such sale, grant, lease, or conveyance may be made without |
| 925 | formal consideration. |
| 926 | Section 17. PRIVILEGES, IMMUNITIES, AND EXEMPTIONS.-The |
| 927 | district authority shall have all privileges, immunities, and |
| 928 | exemptions accorded political subdivisions of this state under |
| 929 | the provisions of the constitution and laws of the state. |
| 930 | Neither the members of the district authority nor any person |
| 931 | executing any contract or obligation on its behalf shall be |
| 932 | personally liable or accountable thereon or by reason thereof. |
| 933 | Section 18. EXEMPTION FROM SPECIAL ASSESSMENTS.-The |
| 934 | accomplishment of the authorized purposes of the district |
| 935 | authority created hereunder is, shall, and will be in all |
| 936 | respects for the benefit of the people of the state for the |
| 937 | increase of their commerce and prosperity and for the |
| 938 | improvement of their health and living conditions. Since the |
| 939 | district authority will perform essential governmental functions |
| 940 | in accomplishing such purpose, the district authority shall not |
| 941 | be required to pay any taxes or assessments of any kind or |
| 942 | nature whatsoever upon any property acquired or used by it for |
| 943 | such purposes or upon any revenues at any time received by it. |
| 944 | Section 19. TAX DELINQUENCY, PENALTIES, AND ENFORCEMENT OF |
| 945 | TAXES.-All taxes provided for in this act shall be and become |
| 946 | delinquent and bear penalties on the amount of said taxes in the |
| 947 | same manner as county taxes. Said tax shall be a lien until paid |
| 948 | on the property against which assessed and enforceable in like |
| 949 | manner as county taxes. The collection and enforcement of all |
| 950 | taxes levied by the district authority shall be at the same time |
| 951 | and in like manner as county taxes and the provisions of the |
| 952 | Florida Statutes relating to the sale of lands for unpaid and |
| 953 | delinquent county taxes, the issuance, sale, and delivery of tax |
| 954 | certificates for such unpaid and delinquent county taxes, the |
| 955 | redemption thereof, the issuance to individuals of tax deeds |
| 956 | based thereon, and all other procedures connected therewith, |
| 957 | shall be applicable to the district authority and the delinquent |
| 958 | and unpaid taxes of the district to the same extent as if said |
| 959 | statutory provisions were expressly set forth in this act. All |
| 960 | taxes shall be subject to the same discounts as county taxes. |
| 961 | Section 20. LIENS.-All taxes provided for in this act, |
| 962 | together with all penalties for default in payment of the same |
| 963 | and all costs in collecting the same, shall, from the date of |
| 964 | assessment thereof until paid, constitute a lien of equal |
| 965 | dignity with the liens for county taxes, and other taxes of |
| 966 | equal dignity with county taxes, upon all the lands against |
| 967 | which such assessments shall be levied, assessed, and collected. |
| 968 | Section 21. DISTRICT AUTHORITY DECISIONS REQUIRING |
| 969 | MAJORITY VOTE.-Notwithstanding any other provisions of this act, |
| 970 | decisions of the district authority dealing with the following |
| 971 | matters may only be made if approved by at least three voting |
| 972 | members of the district authority: |
| 973 | (1) Changes to toll structure. |
| 974 | (2) Entering into financing arrangements involving a |
| 975 | pledge of assets, toll revenues, or any ad valorem tax revenues. |
| 976 | (3) Utilization of eminent domain provisions. |
| 977 | (4) Approval of a plan to hold an ad valorem taxing |
| 978 | authorization referendum. |
| 979 | (5) Approval of any plan to seek legislative changes to |
| 980 | this act. |
| 981 | Section 22. INTERLOCAL COOPERATION.-For purposes of |
| 982 | implementing the powers and authority of the district authority |
| 983 | and assuring adequate funding for the construction, maintenance, |
| 984 | and operation of infrastructure, and to ensure the security for |
| 985 | any bonds issued by the district authority remains unimpaired, |
| 986 | said district authority is empowered to enter into interlocal |
| 987 | agreements pursuant to chapter 163, Florida Statutes, to |
| 988 | exercise jointly with any other public agency of the state or |
| 989 | Federal Government any power, privilege, or authority which such |
| 990 | agencies or the district might exercise jointly. |
| 991 | Section 23. PROPERTY APPRAISER, TAX COLLECTOR, FEES, OR |
| 992 | COMMISSIONS.-The offices of the Lee County or Charlotte County |
| 993 | Property Appraiser and Tax Collector shall be entitled to |
| 994 | applicable fees and costs for the levy and collection of ad |
| 995 | valorem taxes and non-ad valorem assessments pursuant to ss. |
| 996 | 197.3632 and 192.091, Florida Statutes. |
| 997 | Section 2. This act shall take effect upon becoming a law. |