Senate Bill 2582

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999        (NP)                      SB 2582

    By Senators Grant, Lee, Hargrett and Sebesta





    13-469-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Carrollwood Recreation

  3         District, Hillsborough County; providing

  4         intent; deleting provisions which have had

  5         their effect; improving clarity; adding

  6         definitions; providing for nonpartisan,

  7         biennial elections and a transition schedule;

  8         providing for appointment of trustees under

  9         certain circumstances; clarifying voting

10         procedures of the trustees; adding standard

11         business practices of the district, including

12         adopting bylaws, creating a petty cash fund,

13         calling meetings, investing the funds of the

14         district, opening an account at its designated

15         depository, entering into agreements, and

16         acquiring and disposing of property; repealing

17         chapter 98-475, Laws of Florida; providing an

18         effective date.

19

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

21

22         Section 1.  It is the intent of the Legislature that

23  this act supersede chapter 98-475, Laws of Florida, which

24  codified, revised, and amended extant law and created law

25  relating to the Carrollwood Recreation District. The purpose

26  of this act is to delete provisions that have had their

27  effect; to improve clarity and facilitate correct

28  interpretation; to change the election procedures and further

29  clarify and enumerate the general powers of the district; and

30  to repeal ch. 98-475, Laws of Florida, to preclude the

31  proliferation of special acts relating to the district.

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         Section 2.  (1)  The area described in section 3 is an

  2  independent special district approved by referendum on

  3  December 5, 1972; is to be called the Carrollwood Recreation

  4  District; and has the powers and duties set forth in this act.

  5         (2)  Each improved residential parcel is uniformly

  6  benefited by the provisions of this act and shall be assessed

  7  equally a recreation district tax provided for in this act.

  8         (3)  Use of the facilities and property of the district

  9  is limited to residents and nonresident property owners within

10  the district and their family members and guests and such

11  other persons and groups as the board authorizes.

12         Section 3.  (1)  Included in the district are:

13         (a)  Carrollwood Subdivision, Hillsborough County,

14  Florida:

15

16

17  UNIT NO.                  PLAT BOOK                   PAGE NO.

18

19    1                       35                             40

20    2                       35                             54

21    3                       35                             76

22    4                       37                              2

23    5                       37                             62

24    6                       37                             41

25    7                       38                             27

26    8                       38                             62

27    9                       38                             63

28    10                      38                             81

29    11                      39                             31

30    12                      39                              4

31    13                      39                             42

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1    14                      39                             86

  2    15                      40                              1

  3    16                      39                             97

  4    17                      40                             53

  5    18                      40                             50

  6    19                      41                             36

  7    20                      41                              8

  8    21                      42                             39

  9    22-A                    43                             73

10    22-B                    43                             72

11    23                      42                             85

12    24                      43                              9

13    25                      43                             29

14    26                      43                             37

15    27                      43                             81

16    28                      Unplatted

17

18         (b)  Tract in the West 1/2 of the Northeast 1/4 of the

19  Southeast 1/4 of Section 16, Township 28 South, Range 18 East,

20  Hillsborough County, Florida, which is a tract of 5.117 acres

21  containing the Carrollbrook Condominium Townhouses.

22  (Unplatted)

23         (c)  Tract South 1025 feet of West 1/2 of Southeast 1/4

24  of Northeast 1/4 of Section 16, Township 28 South, Range 18

25  East, Hillsborough County, Florida, lying East of Dale Mabry

26  Highway. (Unplatted)

27         (2)  Any other real property acquired by the district,

28  including any structure on such property at the time of

29  acquisition or constructed subsequent thereto.

30         Section 4.  As used in this act, the term:

31         (1)  "Board" means the governing body of the district.

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         (2)  "County" means Hillsborough County, Florida.

  2         (3)  "District" means the Carrollwood Recreation

  3  District.

  4         (4)  "Improved residential parcel" means a platted lot

  5  or lots on which a single-family home has been erected and

  6  those units of Carrollbrook Condominium Townhouses described

  7  in section 3.

  8         (5)  "Levy" means the imposition of a non-ad valorem

  9  assessment, stated in terms of rates, against all improved

10  residential parcels authorized by this act.

11         (6)  "Non-ad valorem assessment" means an assessment

12  that is not based upon millage and that may become a lien

13  against a homestead as permitted in section 4, Article X of

14  the State Constitution.

15         (7)  "Non-ad valorem assessment roll" means the roll

16  prepared by the district and certified to the tax collector

17  for collection.

18         (8)  "Recreation district tax" means a non-ad valorem

19  assessment against each improved residential parcel of the

20  district to be expended as provided by this act.

21         (9)  "Reserve funds" means those moneys held by the

22  district for the repayment of any debt and other obligations

23  created pursuant to section 7 and for known or planned future

24  expenditures which have been adopted by resolution and which

25  funds may be carried forward from one fiscal year to the next.

26         (10)  "Resolution" means a formal, written expression,

27  such as a copy of the minutes, of an action adopted by vote of

28  the trustees.

29         (11)  "Revenues of the district" means moneys acquired

30  through non-ad valorem assessment, fees derived from the use

31  of facilities, and interest income thereon.

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         (12)  "Supervisor" means the supervisor of elections of

  2  the county.

  3         (13)  "Surplus funds" means revenues of the district

  4  less the reserve funds and which funds may be carried forward

  5  from one fiscal year to the next.

  6         (14)  "Trustee" means a member of the governing body of

  7  the district.

  8         Section 5.  The business of the district shall be

  9  conducted by a board of nine trustees, elected in nonpartisan

10  elections or appointed as provided in this act, each of whom

11  shall serve for a term of 2 years and may be subsequently

12  reelected.

13         (1)  To serve on the board as a trustee, a person must

14  be a qualified elector residing within the district. To

15  qualify to have his or her name placed on the ballot, a person

16  shall submit the qualifying fee required in subsection (2)(c)

17  of s. 189.405, Florida Statutes, or present a written petition

18  to the supervisor signed by not fewer than 15 qualified

19  electors of the district during the time period specified in

20  subsection (2) of s. 99.061, Florida Statutes. Any candidate

21  who collects and expends campaign contributions shall do so in

22  accordance with chapter 106, Florida Statutes. A candidate is

23  exempt from the provisions of chapter 106, Florida Statutes,

24  which requires the establishment of a bank account, appointing

25  a campaign treasurer, and filing periodic reports if, at the

26  time of qualifying, that candidate declares in writing to the

27  supervisor that he or she will not collect or expend any

28  campaign contributions except for the payment of the

29  qualifying fee or the expenditure of funds for the cost of

30  verification of signatures on petitions.

31

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         (2)  The board shall provide each residence in the

  2  district written notification of the names of the candidates

  3  for trustees not less than 15 days before the date of the

  4  election for which the candidates have qualified. The board

  5  shall also publish notice of the names of the candidates one

  6  time at least 10 days before the election in a newspaper of

  7  general circulation in the county.

  8         (3)(a)  Beginning in November 2000, biennial elections

  9  shall be conducted by the supervisor during the general

10  election specified in s. 100.031, Florida Statutes, and in

11  accordance with the Florida Election Code except as otherwise

12  provided by this act. It is further provided that, in order to

13  provide for an orderly transition to biennial elections, each

14  of the trustees serving on the effective date of this act or

15  subsequently appointed to fill any of the remaining term of

16  any of those positions shall continue in office until

17  elections are held in the year 2000 and the term of office for

18  all nine trustees shall commence in January 2001, in

19  accordance with this act. The candidates receiving the highest

20  number of votes cast shall be declared elected to fill the

21  number of vacancies to be filled on the board and shall

22  receive a certificate of election from the supervisor.

23         (b)  All qualified electors residing within the

24  district are eligible to vote in district elections, providing

25  such electors have registered to vote before the closing of

26  the registration records for such election. All election

27  ballots shall be prepared by the supervisor, and the ballot

28  language shall be substantially in the following form:

29

30       Board of Trustees of Carrollwood Recreation District

31                      (stating their names).

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1

  2         (c)  The supervisor shall canvass the returns of the

  3  election and announce the results upon completion. In case two

  4  persons receive an equal and highest number of votes for the

  5  last position to be filled, under the supervision of the

  6  supervisor, such persons shall draw lots to determine who

  7  shall be elected to the office.

  8         (4)  The cost of conducting trustee elections and any

  9  referendum as further provided in this act, including

10  compensation for any additional persons employed by the

11  supervisor in excess of those costs already required by any

12  other election being held on the same date, shall be fixed by

13  the supervisor with the approval of the board of trustees and

14  shall be paid by the board on behalf of the district.

15         Section 6.  The business of the district shall be

16  conducted in the following manner:

17         (1)  Each trustee shall take office in accordance with

18  subsection (4) of s. 100.041, Florida Statutes, and shall

19  serve until his or her successor is elected or appointed as

20  provided by this act.

21         (2)  The fiscal year of the district shall begin

22  October 1.

23         (3)  Six trustees constitute a quorum, and the board

24  may not conduct official business without a quorum present. A

25  vote of a majority of the members present is required to pass

26  any motion or resolution before the board and for taking a

27  binding vote on any issue. If at any time the number of

28  trustees drops below six, the Governor shall immediately

29  appoint the number of trustees from among the qualified

30  electors of the district necessary to attain a quorum, and

31

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  each such appointee shall serve until his or her successor is

  2  elected or appointed as provided by this act.

  3         (4)  The board is subject to all laws of the state

  4  relating to open government, financial disclosure, avoidance

  5  of conflicts of interest, and ethics.

  6         (5)  A trustee is not entitled to compensation for

  7  services rendered on behalf of the district, but is entitled

  8  to be reimbursed from funds of the district for any authorized

  9  disbursements properly incurred in behalf of the district. The

10  president, the vice president, and the treasurer are

11  authorized to execute checks and documents on behalf of the

12  district, and any disbursement of funds, except those expended

13  from the petty cash fund, must be by check or draft signed by

14  any two of the three officers so authorized. Any trustee

15  authorized to sign checks of the district or otherwise

16  designated to handle its funds shall, before entering upon

17  such duties, execute to the Governor of the state for the

18  benefit of the district a good and sufficient bond in the sum

19  of $5,000 with a qualified corporate surety, conditioned to

20  faithfully perform the duties of a trustee and to account for

21  any district funds to which he or she may have access.

22         (6)  In accordance with subsection (3) of section

23  768.1355, Florida Statutes, members of the governing board of

24  the district shall incur no civil liability and shall have

25  immunity from suit as provided in section 768.28, Florida

26  Statutes, for acts or omissions relating to conduct of the

27  official duties of the board.

28         Section 7.  The board has the power and duty to:

29         (1)  Hold an organizational session annually on the

30  first Tuesday after the first Monday in January, or as soon

31  thereafter as practicable, to elect from its membership a

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  president, a vice president, a secretary, and a treasurer,

  2  each of whom shall be elected for a 1-year term and may be

  3  subsequently re-elected, and to establish a regular monthly

  4  meeting date, time, and place which shall be advertised in a

  5  newspaper of general circulation in the county as soon

  6  thereafter as practicable.

  7         (2)  Keep a record of each of its meetings and conduct

  8  its business as a public body.

  9         (3)  Transact the business of the district, including

10  expending funds from the depository and any reserve and

11  surplus fund accounts.

12         (4)  Establish in its bylaws provisions for creating a

13  petty cash fund and expending moneys from that fund.

14         (5)  Establish in its bylaws provisions for calling of

15  any meetings in addition to those provided in subsection (1),

16  which provisions shall include the requirement of proper

17  public notice.

18         (6)  By resolution, invest surplus and reserve funds of

19  the district in accordance with general law relating to

20  financial matters pertaining to political subdivisions and

21  with s. 215.44(1), Florida Statutes.

22         (7)  Levy a non-ad valorem assessment, known as a

23  "recreation district tax," against each improved residential

24  parcel within the district for the purpose of funding the

25  needs of the district as provided in this act.

26         (8)  Perform other duties, when applicable, required by

27  chapter 189, Florida Statutes, relating to special districts

28  and for the levy, collection, and enforcement of the non-ad

29  valorem assessment pursuant to chapter 197, Florida Statutes,

30  and this act.

31

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         (9)  Designate a depository which is qualified as a

  2  public depository pursuant to s. 280.04, Florida Statutes, and

  3  establish an account to which revenues of the district are to

  4  be initially deposited and from which expenditures and

  5  transfers to and from reserve and surplus fund accounts may be

  6  made.

  7         (10)  Purchase and lease as lessor or lessee real and

  8  personal property on behalf of the district and pay for such

  9  purchases either with cash or by the issuance of bonds or

10  revenue certificates.

11         (11)  Sell the real and personal property of the

12  district.

13         (12)  Construct and improve real and personal property

14  of the district.

15         (13)  Operate, supervise, and maintain recreational

16  facilities or enter into arrangements with others for such

17  operation and maintenance pursuant to contract or lease or

18  otherwise.

19         (14)  Adequately insure the facilities, properties, and

20  operations of the district as well as the trustees of the

21  district, jointly and severally, in the performance of their

22  duties if the board finds such insurance to be necessary.

23         (15)  Establish, charge, and collect reasonable fees

24  for admission to or use of recreational facilities, provided

25  the use of the facilities is extended to residents and

26  nonresident owners within the district and their family

27  members and guests and such other persons and groups as the

28  board authorizes, and apply such fees to the operation,

29  maintenance, improvement, or acquisition of recreational

30  facilities and to the payment of bonds, notes, or revenue

31  certificates of the district.

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1         (16)(a)  Incur debt and other obligations on behalf of

  2  the district, including issuing bonds, refunding bonds, or

  3  other obligations issued for such purposes or notes and other

  4  evidence of indebtedness of the district for the purpose of

  5  obtaining funds for the operation of the district, including

  6  the purchase of lands, buildings, and other improvements;

  7  however, the aggregate amount of all obligations of the

  8  district payable in any fiscal year may not exceed the

  9  aggregate amount of all revenue received by the district from

10  all sources during such fiscal year. Such obligations may be

11  authorized by resolution and may contain such terms,

12  covenants, and conditions and may be in such form, either

13  coupon or registered, as such resolution or subsequent

14  resolution may provide. Bonds may be issued to finance, in

15  whole or in part, the cost of construction, acquisition, or

16  improvement of real and personal property of the district. The

17  trustees, in determining such costs, may include all costs and

18  estimated costs of the issuance of the bonds; all engineering,

19  inspection, fiscal, and legal expenses; all costs of

20  preliminary surveys, plans, maps, and specifications; initial

21  reserve funds for debt service; the costs of the services of

22  persons, firms, corporations, partnerships, or associations

23  employed, or consultants, advisors, or engineers or fiscal,

24  financial, or other experts in the planning, preparation, and

25  financing of the district, or any asset thereof, upon such

26  terms and conditions as the trustees find appropriate. The

27  bonds may be sold all at one time or in blocks from time to

28  time, at public or private sale, or, if refunding bonds, may

29  also be delivered and exchanged for the outstanding

30  obligations to be refunded thereby in such manner as

31  determined by the trustees by resolution. Pending the

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  preparation of the definitive bonds, interim certificates or

  2  receipts, or temporary bonds in such form and with such

  3  provisions as the trustees determine may be issued to the

  4  purchaser or purchasers of the bonds sold pursuant to this

  5  act. The bonds, and such interim certificates or receipts or

  6  temporary bonds, shall be fully negotiable.

  7         (b)  Secure bonds, notes, or other certificates of

  8  indebtedness and interest thereon by pledging to the punctual

  9  payment of such obligations recreation district tax revenues,

10  by mortgaging property owned by the district, and by pledging

11  an amount of the revenue derived from fees charged for the use

12  of the facilities and services of the district and the reserve

13  funds, if applicable.

14         (c)  Deliver purchase-money notes and mortgages.

15         (d)  Create and maintain reasonable reserve funds for

16  the repayment of such debt and other obligations created

17  pursuant to this subsection and for known or planned future

18  expenditures which have been adopted by resolution of the

19  board.

20         (17)  Prepare a financial statement of revenue and

21  expenditures during the prior fiscal year and a balance sheet

22  as of the close of the fiscal year annually by November 30.

23         (18)(a)  Prepare and adopt by July 1 annually an

24  itemized budget, including projected revenues and expenditures

25  for the next fiscal year, which reflects the district tax to

26  be assessed and collected upon the taxable property of the

27  district for the next year.

28         (b)  Hold a public hearing at which time property

29  owners and residents within the district may appear and be

30  heard before the adoption of the budget, and provide notice of

31  the time and place of the public hearing once in a newspaper

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  of general circulation within the county not less than 21 days

  2  before the public hearing.

  3         (c)  Fix by August 1 annually the tax to be assessed

  4  annually.

  5         (d)  Transfer funds among line items of the budget,

  6  after its adoption, a maximum of 20 percent each fiscal year

  7  to meet unforeseen contingencies.

  8         (19)  Direct the supervisor by resolution of the board

  9  to place on the ballot a referendum to change the maximum

10  annual assessment from the amount of $300, which is the amount

11  approved by referendum and in effect at the time this act

12  becomes a law.

13         (20)  Direct the supervisor by resolution of the board

14  to place on the ballot a referendum during any regularly

15  scheduled election or at the time of any special election

16  being conducted for other purposes within the district for any

17  purpose necessary to conducting the business of the district.

18         (21)  Enter into contracts and agreements, including

19  for such professional services as legal, accounting, law

20  enforcement, and security services.

21         (22)  Sue and be sued except as otherwise provided in

22  this act.

23         (23)  Fill for the unexpired term from among the

24  qualified electors of the district any vacancy on the board,

25  including any which may remain after the Governor, pursuant to

26  this act, or the trustees have made an appointment as provided

27  in this section, by vote of the remaining trustees.

28         (24)  In December of each year in which a district

29  trustee election is held and in the event less than six

30  trustees have run for and been elected during that year's

31  election cycle, appoint an additional trustee or trustees from

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  among the qualified electors of the district necessary to

  2  attain a quorum when trustees take office in January, each of

  3  whom shall serve for the same term as if elected.

  4         (25)  Remove for cause any trustee who fails to

  5  discharge the duties of the position after due notice and an

  6  opportunity to be heard upon charges of malfeasance or

  7  misfeasance.

  8         (26)  Receive gifts of real and personal property.

  9         (27)  Install and maintain parkways and lighting and

10  acquire and dispose of other facilities for the general

11  purpose of the district.

12         (28)  Employ personnel necessary for the operation and

13  maintenance of the facilities of the district and expend

14  district funds for a surety bond for each employee authorized

15  to handle funds on behalf of the district.

16         (29)  Pay from district funds the premium for a surety

17  bond for specified trustees and any expense incurred on behalf

18  of the district by a trustee as provided by this act.

19         (30)  Adopt rules and bylaws:

20         (a)  For the use of real and personal property owned or

21  leased as lessor or lessee by the district.

22         (b)  To carry out the provisions of this act.

23         Section 8.  The tax collector shall include on the

24  combined notice for ad valorem and non-ad valorem assessments

25  as provided by section 197.3635, Florida Statutes, the non-ad

26  valorem assessment established by the board, and the

27  assessment shall be collected in the manner and form provided

28  for collection of non-ad valorem assessments by chapter 197,

29  Florida Statutes, subject to the conditions of section

30  197.3632, Florida Statutes. After deducting the fees provided

31  for in section 197.3632, Florida Statutes, the tax collector

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    Florida Senate - 1999        (NP)                      SB 2582
    13-469-99                                               See HB




  1  shall deposit the remaining funds into the depository

  2  designated by the board.

  3         Section 9.  The non-ad valorem assessment is a valid

  4  lien upon each improved residential parcel of land until it

  5  has been paid or is barred by chapter 95, Florida Statutes,

  6  and is considered a part of the non-ad valorem assessment for

  7  Hillsborough County subject to the same penalties, charges,

  8  fees, and remedies for enforcement and collection as provided

  9  by chapter 197, Florida Statutes, for the collection of such

10  non-ad valorem assessments.

11         Section 10.  The district may be dissolved in

12  accordance with the provisions of section 189.4042, Florida

13  Statutes.

14         Section 11.  If any clause, section, or provision of

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

16  cause or reason, it shall be eliminated from this act, and the

17  remaining portion of the act shall be in force and effect and

18  be as valid as if such invalid portion thereof had not been

19  incorporated therein.

20         Section 12.  The provisions of this act shall be

21  liberally construed in order to effectively carry out the

22  purpose of this act in the interest of the public.

23         Section 13.  Chapters 98-475, 72-565, 75-385, 81-394,

24  and 84-445, Laws of Florida, are repealed; however, the repeal

25  does not affect the prosecution of any cause of action that

26  accrued before the effective date of the repeal and does not

27  affect rules, actions, decisions, contracts, agreements,

28  obligations, and properties of the district existing before

29  the effective date of the repeal.

30         Section 14.  This act shall take effect upon becoming a

31  law.

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