Florida Senate - 2014 (NP) SB 1548 By Senator Gibson 9-00929B-14 20141548__ 1 A bill to be entitled 2 An act relating to Duval County; creating the Duval 3 County Library District to provide public library 4 services in the county; providing district boundaries; 5 establishing a governing board; providing membership 6 and duties; providing district powers to be exercised 7 by the governing board; authorizing the levy of ad 8 valorem taxes and the issuance of bonds to support the 9 district; establishing that the Jacksonville Board of 10 Library Trustees reports to the governing board; 11 providing membership and powers; providing for 12 dissolution; requiring an annual report; providing for 13 the use of ad valorem and other revenues; requiring a 14 referendum; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. District establishment.—For the purposes of 19 providing public library services; the assessment, levy, and 20 collection of ad valorem taxes and user fees; the operation of 21 district facilities and services; and all other purposes stated 22 in this act consistent with chapter 189, Florida Statutes, and 23 other applicable general law, a special district is hereby 24 created and established in Duval County, to be known as the 25 Duval County Library District. 26 Section 2. Boundaries.—The boundaries of the Duval County 27 Library District are coterminous with the boundaries of Duval 28 County. 29 Section 3. Governing board.— 30 (1) MEMBERSHIP.—The district shall be governed by a board 31 composed of the following five elected officials: 32 (a) The Mayor of the City of Jacksonville. 33 (b) Three members of the Jacksonville City Council 34 appointed by the Jacksonville City Council. Such members shall 35 serve for at least 1 year but not more than 2 years, and the 36 Jacksonville City Council is empowered to set the lengths of 37 terms of service of its appointees. 38 (c) The chair of the Duval County School Board. 39 (2) MEETINGS AND DUTIES.—The governing board shall meet at 40 least quarterly and shall exercise the district powers as 41 enumerated in section 4. The governing board shall receive 42 reports and recommendations from the Jacksonville Board of 43 Library Trustees. In setting the millage, the governing board 44 shall consider the trustee board’s recommendation for a millage 45 rate that provides for library stability and for library 46 services that meet the community’s needs. 47 Section 4. District powers.— 48 (1) The district shall have the following powers, which 49 shall be exercised by the governing board: 50 (a) Ad valorem taxes.—The power to levy ad valorem taxes on 51 all taxable property in the district at a rate of up to 1 mill 52 in any year. The millage levied by the district for library 53 purposes, when added to the millage levied by the City of 54 Jacksonville, may not exceed the millage cap as provided by law 55 for the city. If the Consolidated City of Jacksonville chooses 56 to levy more than 19 mills, up to its cap of 20 mills, in any 57 given year, the district’s right to levy up to 1 mill shall be 58 reduced by the millage that is over and above 19 mills to ensure 59 that the current total millage cap is not exceeded. The 60 district’s millage cap of 1 mill may be increased only by the 61 voters of Duval County through a referendum. The millage levied 62 for library purposes shall be used exclusively for: 63 1. The acquisition, construction, improvement, operation, 64 maintenance, repair, renewal, and replacement of library and 65 library-related facilities within the district; and 66 2. The payment of debt service on district bonds. 67 (b) Bonds.—In order to finance or refinance the 68 acquisition, construction, and improvement of library and 69 library-related facilities in the district, the district shall 70 have: 71 1. Any such powers granted to municipalities under part II 72 of chapter 166, Florida Statutes, as well as all corresponding 73 powers granted to counties under chapter 125, Florida Statutes, 74 if: 75 a. To the extent required by s. 12, Article VII of the 76 State Constitution, bonds or other obligations of the district 77 are approved at a referendum; 78 b. The offer and sale of district obligations complies with 79 s. 218.385, Florida Statutes; 80 c. The obligations of the district bear interest at rates 81 determined by the governing board in accordance with s. 215.84, 82 Florida Statutes; 83 d. Obligations of the district are not a debt or obligation 84 of the City of Jacksonville. The face of the bond must include a 85 statement to the effect that such obligations are solely 86 obligations of the district, secured solely by the taxes or 87 other revenues of the district pledged as security for the 88 bonds, and that no holder or owner of such obligations has the 89 right to payment of the principal, premium, if any, and interest 90 on such obligations from the taxes or other revenues of the City 91 of Jacksonville; and 92 e. The sum of the maximum annual debt service on all bonds 93 of the district secured by and payable from the proceeds of ad 94 valorem taxes levied and collected by the district and 95 outstanding at any time, including bonds proposed to be issued, 96 and the amount required for the operation, maintenance, repair, 97 renewal, and replacement of library and library-related 98 facilities for the most recent complete fiscal year are shown by 99 certificate of the district, delivered at the time of the 100 issuance and delivery of such ad valorem tax bonds, and 101 calculated as of the date of sale of such bonds, up to the 102 amount raised from the levy by the district of millage at a rate 103 of 1 mill on the assessed valuation of all taxable property in 104 the district as shown on the tax rolls of the City of 105 Jacksonville as of the valuation date immediately preceding the 106 date of sale of the ad valorem tax bonds; 107 2. The authority to validate obligations as provided under 108 chapter 75, Florida Statutes; 109 3. In addition to and without limiting the generality of 110 paragraph (a) and this paragraph, the power to: 111 a. Issue bonds, notes, and other certificates of 112 indebtedness, or any form of tax or bond anticipation notes or 113 certificates, or revenue bonds or notes if the proceeds of such 114 bonds, notes, certificates of indebtedness, tax anticipation 115 notes or certificates, or revenue bonds or notes are used to 116 finance or refinance the acquisition, construction, and 117 improvement of library and library-related facilities in the 118 district. Bonds issued shall be secured by a lien upon and 119 pledge of, and shall be payable from, the proceeds of ad valorem 120 taxes to be levied on all taxable property in the district or 121 from the proceeds of any fees, charges, fines, rentals, grants, 122 or other sources of revenue of the district, or both. The 123 district may make all customary or necessary covenants for the 124 security of such obligations, including covenants to assure the 125 adequacy of security and the proper collection, holding, and 126 disposition thereof; capitalize interest and reserves in amounts 127 the district’s governing board deems necessary; and pay from 128 bond or note proceeds or other sources all costs of issuing such 129 bonds or notes, including, without limiting the generality of 130 the foregoing, fiscal expenses, legal expenses, bond insurance 131 premiums, and printing expenses. Before issuing any bonds 132 secured by ad valorem taxes, the district shall provide the 133 certificate required by sub-subparagraph 1.e. regarding 134 feasibility within the 1-mill cap. 135 b. Issue such bonds, revenue bonds or notes, tax or bond 136 anticipation notes, or other forms of indebtedness at such 137 interest rate or rates as the governing board may determine. 138 (c) Board of Trustees.—The power to appoint members to the 139 Jacksonville Board of Library Trustees as provided in section 6. 140 (d) Revenues.—The power to budget, appropriate, and pay 141 revenues of the district to the Jacksonville Board of Library 142 Trustees for providing district library services and for the 143 operation, maintenance, repair, renewal, and replacement of 144 library and library-related facilities in the district. When 145 conveyed to the trustee board, such revenues shall be deemed 146 revenues of the trustee board to be expended by the trustee 147 board at its discretion pursuant to the powers granted under 148 this act and subject to limitations contained in this act. 149 (2) The district does not have the power of eminent domain. 150 Section 5. The City of Jacksonville shall continue to own 151 all real and personal property that it currently owns and shall 152 be responsible for any associated debt for such owned assets 153 unless and until the same are transferred by sale, lease, or 154 otherwise to the district. 155 Section 6. The Jacksonville Board of Library Trustees.— 156 (1) MEMBERSHIP.—The trustee board, whose composition is 157 described in s. 90.101 of the Jacksonville Ordinance Code, shall 158 continue in existence on the effective date of the establishment 159 of the district. Thereafter, the trustee board shall be subject 160 to the following: 161 (a) The term of a trustee shall continue until the term 162 expires under existing law; thereafter, any vacancy shall be 163 filled by the governing board. 164 (b) The trustee board shall have 12 voting members; two 165 members shall be appointed from and must reside in each of the 166 five city council at-large groups, and two members shall be 167 appointed at large. Members shall serve 4-year terms but may 168 hold over until their respective successors are appointed and 169 confirmed. The terms shall continue to be staggered so that 170 three members are appointed to 4-year terms every year. A member 171 appointed to the trustee board for two consecutive full terms 172 may not be appointed to the next succeeding term. 173 (c) The governing board may add nonvoting members to the 174 trustee board. 175 (d) Other than reimbursement for expenses allowed by law, 176 voting or nonvoting members of the trustee board shall serve 177 without compensation. 178 (2) POWERS.—The trustee board: 179 (a) May solicit funds and receive, accept, and exercise 180 control over funds, property, gifts, legacies, or devises 181 granted to the Jacksonville Public Library. 182 (b) Shall employ and may discharge a library director and 183 such other persons as necessary to conduct a free library 184 service. The person employed as library director must have a 185 master’s degree in library science and at least 5 years’ 186 experience in library administration. 187 (c) Shall comply with the budget and audit requirements of 188 applicable law and fully perform all duties prescribed by any 189 trust instruments that convey property to the trustee board, but 190 only to the extent that such trust instruments are not 191 inconsistent with this act. 192 (d) Shall be bound by all covenants securing any revenue 193 bonds or notes issued by the governing board. 194 (e) Shall have the power to: 195 1. Manage, administer, operate, supervise, oversee, and 196 maintain all library facilities and services, programs, and 197 functions for the benefit of district residents. 198 2. Purchase, lease, or otherwise acquire real and personal 199 property and generally to take all other actions regarding such 200 property as may be necessary in the prudent management, 201 operation, and maintenance of district library services and 202 facilities. 203 3. Lease, grant, sell, or otherwise convey real property 204 upon approval of the governing board. 205 4. Dispose of personal property as necessary in the prudent 206 management, operation, and maintenance of library services and 207 facilities. 208 5. Employ personnel and take all other actions consistent 209 with generally accepted employment practices. 210 6. Retain attorneys, accountants, architects, engineers, 211 and other consultants and professionals. The district shall use 212 the legal services of the Office of the General Counsel of the 213 City of Jacksonville, except in those cases in which the Office 214 of the General Counsel determines that the city legal staff 215 cannot provide legal services in the required legal area. 216 7. Accept gifts of money or property for the beneficial use 217 of district residents and to act as trustee with full legal 218 capacity to administer property conveyed to the district in 219 trust by any private or public party. 220 8. Contract with any other public body for the provision of 221 library services. The district may use any of the services 222 available to governmental units through the City of Jacksonville 223 but is not required to do so. The use of such services shall be 224 on a contractual basis. 225 9. Apply for and accept any grant of money or property from 226 any governmental body or private organization and enter into 227 contracts incidental thereto. 228 10. Serve as agent for, and enter into contracts on behalf 229 of, the governing board, but only to the extent expressly 230 approved by the governing board. 231 11. Adopt and implement rules, policies, and procedures for 232 the management, operation, and maintenance of library services 233 and facilities in the district, and to set fees, fines, and 234 other charges in connection with such operation and services. 235 12. Contract, receive and expend money, sue and be sued, 236 and generally perform all other acts necessary or incidental to 237 the express powers and duties granted or imposed by this act or 238 by an instrument of trust. 239 (3) DISSOLUTION.—If the powers of the trustee board are 240 rescinded or dissolved, all rights, title, and interest of the 241 trustee board in property then owned by the trustee board 242 reverts automatically to the governing board or its successor to 243 be held in trust for the benefit of district residents for 244 library purposes. 245 (4) ANNUAL REPORT.—On or before July 1 of each year, the 246 trustee board shall submit a written annual report to the 247 district’s governing board as to the state of the library system 248 and shall submit a recommendation for a proposed millage rate 249 within the 1-mill cap which is required to provide for library 250 stability and library services that meet the community’s needs. 251 Section 7. Use of revenues.— 252 (1) Ad valorem tax revenue of the district may be used only 253 for: 254 (a) Providing district library services; 255 (b) Operating, maintaining, acquiring, constructing, and 256 improving the library and library-related facilities in the 257 district; or 258 (c) Servicing debt incurred in financing or refinancing 259 library and library-related facilities. 260 (2) Notwithstanding any other provision of this act, the 261 county or municipality may appropriate, and the Jacksonville 262 Board of Library Trustees may accept and expend, funds for 263 library facilities, services, programs, and operations that are 264 supplemental to ad valorem tax revenues otherwise collected 265 pursuant to this act. Further, a county or municipality may 266 provide to the trustee board services and in-kind contributions 267 of any nature in support of library facilities, services, 268 programs, and operations. 269 Section 8. Audit rights; transition period.— 270 (1) AUDIT RIGHTS.—The Consolidated City of Jacksonville and 271 Office of the City Council Auditor shall have the right to audit 272 the district for any purpose without restriction. 273 (2) TRANSITION PERIOD.—To facilitate the full transition of 274 library operations from the City of Jacksonville to the 275 district, there shall be a transition period. During the 276 transition period, the district may defer or delay full 277 operation of library operations, and the City of Jacksonville 278 and the district are authorized to enter into any agreement that 279 would facilitate the transition of library operations to the 280 district. 281 Section 9. Straw ballot.—The referendum in section 10 shall 282 only be held if the straw ballot measure held on August 26, 283 2014, is approved by the electors. 284 Section 10. This act shall take effect only upon its 285 approval by a majority vote of the electors of Duval County 286 voting in a referendum to be held in conjunction with the 287 election to be held in Duval County on March 24, 2015, except 288 that this section and section 9 shall take effect upon becoming 289 a law.