House Bill hb1855e1

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                                      HB 1855, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Holiday Park Park and

  3         Recreation District, Sarasota County; amending,

  4         codifying, reenacting, and repealing special

  5         acts relating to the district; providing

  6         boundaries of the district; providing for a

  7         Board of Trustees; providing for election and

  8         organization of the board; providing powers and

  9         duties of the board; providing for a tax;

10         providing powers and duties of the district;

11         requiring a financial statement and budget;

12         providing definitions; requiring a record of

13         meetings of the board; providing for filling

14         vacancies; providing for bonds; providing for

15         severability; providing an effective date.

16

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

18

19         Section 1.  Pursuant to section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Holiday Park Park and Recreation

22  District. It is the intent of the Legislature in enacting this

23  law to provide a single, comprehensive special act charter for

24  the district, including all current legislative authority

25  granted to the district by its several legislative enactments

26  and any additional authority granted by this act. It is

27  further the intent of this act to preserve all district

28  authority, including the authority to annually assess and levy

29  against the taxable property in the district a tax not to

30  exceed 0.2 mills on the dollar of assessed valuation.

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                                      HB 1855, First Engrossed/ntc



  1         Section 2.  Chapters 81-441, 82-380, and 87-445, Laws

  2  of Florida, are codified, amended, reenacted, and repealed as

  3  provided herein.

  4         Section 3.  The charter for the Holiday Park Park and

  5  Recreation District is re-created and reenacted to read:

  6         Section 1.  Pursuant to chapter 81-441, Laws of

  7  Florida, all of the residential land in Holiday Park

  8  Subdivisions, City of North Port, Sarasota County, Florida,

  9  hereinafter described, became and was incorporated into and as

10  a park and recreation district, being an independent special

11  taxing district, and a political subdivision of the State of

12  Florida, having the powers and duties herein set forth, under

13  the name of "Holiday Park Park and Recreation District." The

14  granting of said powers and duties to the district shall not

15  in any way diminish the powers and authority of the City of

16  North Port.

17         Section 2.  The lands so incorporated being described

18  as follows:

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20         HOLIDAY PARK UNIT ONE, as per plat thereof

21         recorded in Plat Book 19, Pages 27 through 27G,

22         of the Public Records of Sarasota County,

23         Florida, and HOLIDAY PARK UNIT TWO, as per plat

24         thereof recorded in Plat Book 20, Pages 8

25         through 8N, of the Public Records of Sarasota

26         County, Florida.

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28         Section 3.  The business and affairs of said district

29  shall be conducted and administered by a board of nine

30  trustees, hereinafter referred to as the "trustees," who shall

31  organize by electing from their number a chair, a first vice


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                                      HB 1855, First Engrossed/ntc



  1  chair, a second vice chair, a secretary, and a treasurer after

  2  each election. The meeting at which the trustees elect the

  3  officers shall be called the "organizational meeting." Said

  4  trustees shall not receive any compensation for their services

  5  but shall be entitled to be reimbursed from funds of the

  6  district for any authorized disbursements they may properly

  7  incur on behalf of the district. Each trustee authorized to

  8  sign checks of the district or otherwise designated to handle

  9  its funds shall, before said trustee enters upon such duties,

10  execute to the Governor of the State of Florida, for the

11  benefit of said district, a good and sufficient bond approved

12  by a circuit judge of Sarasota County in the sum of $10,000

13  with a qualified corporate surety conditioned to faithfully

14  perform the duties of such trustee and to account for all

15  funds which may come into his or her hands as such trustee.

16  All premiums for such surety on all bonds shall be paid from

17  the funds of said district.

18         Section 4.  All district elections shall be conducted

19  and supervised by the Supervisor of Elections in the County of

20  Sarasota, under the rules governing general elections in the

21  County of Sarasota, except as may otherwise be provided

22  herein. All elections shall be held at the Holiday Park

23  Recreation Hall in the district.

24         Section 5.  Any registered voter residing in the

25  district may vote in a district election. Application for

26  absentee ballots may be requested from the Supervisor of

27  Elections of Sarasota County within 1 year prior to each

28  election, and shall be counted if received by the Supervisor

29  of Elections' office by 7:00 P.M. on the day of each such

30  election pursuant to the Florida Election Code. All election

31  ballots shall be prepared by the Supervisor of Elections of


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                                      HB 1855, First Engrossed/ntc



  1  the County of Sarasota. A person desiring to have the person's

  2  name placed on the ballot for election as a trustee of the

  3  district shall be a registered voter residing in the district

  4  and a freeholder within the district and shall pay a filing

  5  fee of $25, or in the alternative, the person may qualify by

  6  fulfilling the requirements of section 99.095, Florida

  7  Statutes. Notice of said election setting forth the names of

  8  the persons proposed as trustees of the district shall be

  9  given by the district in writing addressed to each resident

10  within the district not less than 15 days before the date of

11  each election, and shall also be published one time at least

12  10 days prior to such election, in a newspaper of general

13  circulation published in the county, and if no newspaper be

14  published in said county, then they shall cause written or

15  printed notices of said election to be posted in five public

16  places within said district. Notwithstanding the provisions of

17  section 101.20, Florida Statutes, the publication of a sample

18  ballot is not required. The Supervisor of Elections of

19  Sarasota County shall appoint inspectors and clerks for the

20  election whose duties shall be the same as similar officers in

21  general elections, except as herein stated. Said election may

22  be by ballot or by other electronic or electromechanical

23  voting system, and if by ballot the same shall be written or

24  printed in black ink on plain paper and shall be substantially

25  in the following form:

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27          Board of Trustees of the Holiday Park Park and

28            Recreation District (stating their names)

29

30  and, if by other electronic or electromechanical voting

31  system, the requirements for the ballot herein described shall


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                                      HB 1855, First Engrossed/ntc



  1  be adapted to the use of such voting system. Election of

  2  trustees shall be held annually on the second Tuesday of March

  3  or, in the alternative, on another Tuesday in March in

  4  conjunction with any other special, primary, or general

  5  election to be conducted by the Supervisor of Elections, by

  6  electing five trustees in even-numbered years and four

  7  trustees in odd-numbered years for 2-year terms. In the March

  8  2002 election, Seats #1, #3, #5, #7, and #9 shall be filled.

  9  In the March 2003 election, Seats #2, #4, #6, and #8 shall be

10  filled. Trustees may succeed themselves in office. The term of

11  the newly elected trustees shall commence at the Board of

12  Trustees' organizational meeting which shall be held within 7

13  days following the election. Trustees shall serve until their

14  successors take office, except as otherwise provided herein.

15  The trustees whose seats are filled pursuant to the trustees'

16  election in December 1999 (Seats #1, #3, #5, #7, and #9) shall

17  serve until their successors take office following the March

18  2002 trustees' election. The trustees whose seats are filled

19  pursuant to the trustees' election in December 2000 (Seats #2,

20  #4, #6, and #8) shall serve until their successors take office

21  following the March 2003 trustees' election.

22         Section 6.  The Supervisor of Elections of Sarasota

23  County shall canvass the returns of the election and shall

24  announce the result thereof no later than the day following

25  the election. The expenses of the Supervisor of Elections for

26  conducting each election shall be paid out of general funds of

27  the district.

28         Section 7.  The Board of Trustees shall have the right,

29  power, and authority to levy a special assessment known as a

30  "recreation district tax" against all taxable real estate

31  situated within said district for the purpose of providing


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                                      HB 1855, First Engrossed/ntc



  1  funds for the operation of the district. The trustees shall,

  2  on or before August 1 of each year, by resolution fix the

  3  amount of the assessment for the next ensuing fiscal year and

  4  shall direct the Property Appraiser of Sarasota County to

  5  assess and the Tax Collector of Sarasota County to collect

  6  such tax as assessed upon each improved residential parcel of

  7  property within the district. Prior to the adoption of the

  8  resolution fixing the amount of the assessment, the trustees

  9  shall hold a public hearing at which time property owners

10  within the district may appear and be heard. Notice of the

11  time and place of the public hearing shall be published once

12  in a newspaper of general circulation within the County of

13  Sarasota at least 21 days prior to the said public hearing.

14  The county Property Appraiser shall include on the Sarasota

15  County tax roll the special assessment for park and recreation

16  district benefits thus made by the Board of Trustees of the

17  district, and the same shall be collected in the manner and

18  form as provided for collection of county taxes. The offices

19  of the county Tax Collector and the county Property Appraiser

20  shall each receive compensation for their services regarding

21  such special assessments of 1 1/2 percent of the gross tax

22  receipts instead of the commissions and fees usually earned

23  for the assessment and collection of county taxes. Further,

24  the services of the Property Appraiser and the Tax Collector

25  under this act are hereby declared to be special services

26  performed directly for the district, and any payment therefor

27  shall not be personal income of such official but shall be

28  income to said official's office. After deducting therefrom

29  the said fees, the Tax Collector shall deposit the funds into

30  a depository designated by the Board of Trustees of the

31  district for the account of the district. For the purpose of


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                                      HB 1855, First Engrossed/ntc



  1  determining property subject to the district tax, an "improved

  2  residential parcel" shall be construed to mean a platted lot

  3  or lots on which a mobile home may be erected. The district

  4  tax shall be levied against each lot or proportionally against

  5  any fraction thereof which is part of an improved residential

  6  parcel. The district tax shall not be an ad valorem tax but

  7  rather shall be a unit tax assessed equally against all

  8  improved residential parcels.

  9         Section 8.  The district may acquire and hold property,

10  sue and be sued, enter into contracts, and perform other

11  functions necessary or desirable to the carrying out of the

12  provisions and intent of this act. No debt shall be created

13  without the approval of the Board of Trustees.

14         Section 9.  The district tax shall be a lien upon each

15  improved residential parcel of land so assessed until said tax

16  has been paid, and shall be considered a part of the Sarasota

17  County tax, subject to the same penalties, charges, fees, and

18  remedies for enforcement and collection as provided by the

19  laws of the State of Florida for the collection of such taxes.

20         Section 10.  The proceeds of said tax and the funds of

21  the district shall be deposited in the name of the district in

22  a bank or savings and loan association or building and loan

23  association authorized to receive deposits of county funds,

24  which depository shall be designated by resolution of the

25  Board of Trustees. No funds of the district shall be disbursed

26  save and except by check or draft signed by the chair and

27  treasurer of the board or, in the absence of either, by

28  another trustee designated for that purpose by the board.

29         Section 11.  All vacancies occurring in the Board of

30  Trustees from any cause shall be filled for the unexpired term

31  by the remaining trustees by the appointment of a successor


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                                      HB 1855, First Engrossed/ntc



  1  trustee or trustees from among the registered voters residing

  2  in the district who are freeholders within said district. Any

  3  trustee failing to discharge the duties of the trustee's

  4  position may be removed for cause by the Board of Trustees,

  5  after due notice and an opportunity to be heard upon charges

  6  of malfeasance or misfeasance.

  7         Section 12.  The fiscal year of the district shall

  8  commence October 1 of each year and end on September 30 of the

  9  following year. The trustees shall, on or before April 1 of

10  each year, prepare an annual financial statement of income and

11  disbursements during the prior fiscal year. On or before July

12  1 of each year, the trustees shall prepare and adopt an

13  itemized budget showing the amount of money necessary for the

14  operation of the district for the next fiscal year and the

15  district tax to be assessed and collected upon the taxable

16  property of the district for the next ensuing year. Such

17  financial statement shall be published once during the month

18  of April each year in a newspaper of general circulation

19  within the County of Sarasota. A copy of said statement and a

20  copy of said budget shall also be furnished by mail to each

21  taxpayer within said district within 30 days of its

22  preparation and a copy made available for public inspection at

23  the principal office of the district at reasonable hours.

24         Section 13.  The "property" of the district shall

25  consist of property and improvements now or hereafter erected

26  or purchased by the trustees for the district as well as any

27  other real or personal property which the trustees of the

28  district may, in their discretion, determine to be necessary

29  or convenient for the purposes of the district; in addition

30  thereto, for the comfort and convenience of taxpayers within

31  the district, the trustees may in their discretion assume the


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                                      HB 1855, First Engrossed/ntc



  1  cost of installing and maintaining entrance parkways and

  2  street lighting within the district and may acquire and

  3  dispose of any other facilities for the general purposes of

  4  the district.

  5         Section 14.  Persons entitled to use the facilities and

  6  property of the district shall be limited to property owners

  7  within the district, their family members and guests, and to

  8  such other persons and groups as the trustees may authorize

  9  from time to time.

10         Section 15.  The trustees shall supervise all real and

11  personal property owned by the district, and shall have the

12  following powers in addition to those already herein

13  enumerated:

14         (a)  To negotiate purchases and to purchase real and

15  personal property on behalf of the district and to pay for

16  such purchases either with cash or by the issuance of bonds or

17  revenue certificates.

18         (b)  To determine and fix the tax to be assessed

19  annually within the district.

20         (c)  To enter into contracts on behalf of the district.

21         (d)  To incur obligations on behalf of the district,

22  including the power to issue bonds, notes, and other evidence

23  of indebtedness of the district for the purpose of obtaining

24  funds for the operation of the district including the purchase

25  of lands, buildings, and other improvements, provided,

26  however, that the aggregate amount of all obligations of the

27  district payable in any calendar year shall not exceed the

28  aggregate amount of all revenue received by the district from

29  all sources during such calendar year; bonds, notes, or other

30  certificates of indebtedness issued by the district may be

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                                      HB 1855, First Engrossed/ntc



  1  secured by the pledge of tax revenues obtained by the district

  2  as well as by mortgage of property owned by the district.

  3         (e)  To issue its bonds to finance, in whole or in

  4  part, the cost of construction, acquisition, or improvement of

  5  real and personal property of the district. The trustees, in

  6  determining such costs, may include all costs and estimated

  7  costs of the issuance of said bonds, all engineering,

  8  inspection, fiscal, and legal expenses, all costs of

  9  preliminary surveys, plans, maps, and specifications, initial

10  reserve funds for debt service, the costs of the services of

11  persons, firms, corporations, partnerships, or associations

12  employed, or consultants, advisors, engineers, or fiscal,

13  financial, or other experts hired in the planning,

14  preparation, and financing of the district. The trustees are

15  hereby authorized to employ and to enter into agreements or

16  contracts with consultants, engineers, attorneys, and fiscal,

17  financial, or other experts for the planning, preparation, and

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

19  terms and conditions as the trustees shall deem desirable and

20  proper. The district may pledge to the punctual payment of

21  bonds or revenue certificates issued pursuant to this act, and

22  interest thereon, an amount of the revenue derived from the

23  facilities and services of the district, including

24  acquisitions, extensions, and improvements thereof sufficient

25  to pay said bonds and the interest thereon as the same shall

26  become due and to create and maintain reasonable reserves

27  therefor.

28         (f)  To buy, sell, rent, or lease real and personal

29  property in the name of the district; to deliver purchase

30  money notes and mortgages or to assume the obligation of

31  existing mortgages in connection with the acquisition of


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                                      HB 1855, First Engrossed/ntc



  1  property of the district; and to receive gifts of real or

  2  personal property.

  3         (g)  To promulgate reasonable rules and regulations

  4  governing the use of the facilities of the district.

  5         (h)  To use district funds in the administration and

  6  enforcement of the deed restrictions as filed in the Sarasota

  7  County public records for properties within the district.

  8         (i)  To regulate the use of roads within Holiday Park

  9  Park and Recreation District by adoption of the provisions of

10  chapter 316, Florida Statutes, as currently enacted and

11  subsequently amended.

12         (j)  To contract with the City of North Port, Florida,

13  for the enforcement of the provisions for the regulation of

14  the use of roads within Holiday Park Park and Recreation

15  District, as set forth in paragraph (i).

16         (k)  To provide trash and garbage collection and cable

17  television or other centralized television antenna signals and

18  services for the benefit of all persons residing within the

19  district; to own, operate, and maintain the necessary

20  equipment and apparatus or to contract with others to provide

21  such services; and to hold such franchises as may be necessary

22  or desirable to provide such services.

23         Section 16.  The construction, acquisition, or

24  improvement of real or personal property of the district, or

25  the refunding of any bonds or other obligations issued for

26  such purposes, may be authorized under this act. Bonds may be

27  authorized to be issued under this act to provide funds for

28  such purposes by resolution or resolutions of the Board of

29  Trustees, which may be adopted at the same meeting at which

30  they were introduced and may be adopted by a majority of the

31  members thereof, and shall take effect immediately upon


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                                      HB 1855, First Engrossed/ntc



  1  adoption and need not be published or posted. Said bonds shall

  2  bear interest at a rate pursuant to section 215.84, Florida

  3  Statutes, payable semiannually, may be in one or more series,

  4  may bear such date or dates, may mature at such time or times

  5  not exceeding 40 years from their respective dates, may be

  6  made payable in such medium of payment, at such place, within

  7  or without the state, may carry such registration privileges,

  8  may be subject to such terms of redemption, with or without

  9  premium, may be executed in such manner, may contain such

10  terms, covenants, and conditions, and may be in such form,

11  either coupon or registered, as such resolution or subsequent

12  resolution may provide. Said bonds may be sold all at one time

13  or in blocks from time to time, at public or private sale, or

14  if refunding bonds, may also be delivered and exchanged for

15  the outstanding obligations to be refunded thereby, in such

16  manner as the Board of Trustees shall determine by resolution,

17  and at such price or prices computed according to standard

18  tables of bond value as will yield to the purchasers or the

19  holders of the obligations surrendered in exchange in the case

20  of refunding bonds, income at a rate pursuant to section

21  215.84, Florida Statutes, to the maturity dates of the several

22  bonds so sold or exchanged on the money paid or the principal

23  amount of obligations surrendered therefor to the district.

24  Pending the preparation of the definitive bonds, interim

25  certificates or receipts or temporary bonds in such form and

26  with such provisions as the Board of Trustees may determine

27  may be issued to the purchaser or purchasers of the bonds sold

28  pursuant to this act. Said bonds, and such interim

29  certificates or receipts or temporary bonds, shall be fully

30  negotiable.

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                                      HB 1855, First Engrossed/ntc



  1         Section 17.  A record shall be kept of all meetings of

  2  the Board of Trustees and in such meetings a concurrence of a

  3  majority of said trustees shall be necessary to any

  4  affirmative action taken by the board. Said Board of Trustees

  5  may adopt such rules and regulations, not inconsistent with

  6  any portion of this act, as it may deem necessary or

  7  convenient in and about the transaction of its business and in

  8  carrying out the provisions of this act.

  9         Section 18.  For the general purposes of this act, each

10  parcel of property in said district is hereby declared to be

11  uniformly and generally benefitted by the provisions hereof.

12         Section 19.  The district hereby created may be

13  abolished by a majority vote of the registered voters residing

14  in the district at an election called by the Board of Trustees

15  of the district for such purpose, which election shall be held

16  and notice thereof given under the same requirements as are

17  set forth hereunder for the election of trustees and the

18  levying and collecting of the district tax, provided that the

19  district shall not be abolished while it has outstanding

20  indebtedness without first making adequate provision for the

21  liquidation of such outstanding indebtedness.

22         Section 20.  Trustees not guilty of malfeasance in

23  office shall be relieved of any personal liability for any

24  acts done by them while holding office in the district. Any

25  trustee who is made a party to any action, suit, or proceeding

26  solely by reason of holding office in the district shall be

27  indemnified by the district against reasonable expenses,

28  including attorneys' fees incurred by said trustee in

29  defending such suit, action, or proceeding, except with

30  respect to matters wherein it shall be adjudged in such

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                                      HB 1855, First Engrossed/ntc



  1  proceeding that such trustee is liable for negligence or

  2  misconduct in the performance of the trustee's duties.

  3         Section 21.  The word "district" shall mean the

  4  political subdivision of the State of Florida and special park

  5  and recreation district hereby organized. The words "board,"

  6  "trustees," and "Board of Trustees" shall mean the Board of

  7  Trustees of and for the special park and recreation district

  8  hereby created when used in this act, unless otherwise

  9  specified.

10         Section 22.  Notwithstanding any provisions to the

11  contrary, as may now appear in sections 8, 13, or 15, the

12  trustees of Holiday Park Park and Recreation District shall

13  not enter into any future contracts involving the purchase,

14  lease, conveyance, or other manner of acquisition of real or

15  tangible personal property in any instance when the cost,

16  price, or consideration therefor exceeds $40,000, including

17  all obligations, proposed to be assumed in connection with

18  such acquisition, unless:

19         (a)  Such acquisition relates to the repair or

20  replacement of assets previously owned by the district; or

21         (b)(1)  The trustees by two-thirds vote have approved

22  the terms and conditions of such acquisition by written

23  resolution;

24         (2)  Within not less than 30 days nor more than 60 days

25  of the date of the resolution, the trustees certify the

26  resolution to the Supervisor of Elections of Sarasota County

27  for a referendum election; and

28         (3)  The registered voters residing in the district

29  approve the resolution by a majority vote of said voters in a

30  referendum election in which the qualifications of voters,

31  notice, and procedure shall be the same as set forth herein


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                                      HB 1855, First Engrossed/ntc



  1  for the election of trustees and for special referendum

  2  elections.

  3         Section 23.  If any clause, section, or provision of

  4  this act shall be declared to be unconstitutional or invalid

  5  for any cause or reason, the same shall be eliminated from

  6  this act, and the remaining portion of said act shall be in

  7  force and effect and be as valid as if such invalid portion

  8  thereof had not been incorporated therein.

  9         Section 24.  All laws or parts of laws in conflict

10  herewith are, to the extent of such conflict, hereby repealed.

11         Section 25.  The provisions of this act shall be

12  liberally construed in order to effectively carry out the

13  purposes of this act in the interest of the public.

14         Section 4.  Chapters 81-441, 82-380, and 87-445, Laws

15  of Florida, are repealed.

16         Section 5.  This act shall take effect upon becoming a

17  law.

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