House Bill hb1855er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
1
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.
31
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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2 of Florida, are codified, amended, reenacted, and repealed as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:
19
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.
27
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
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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:
26
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
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
31
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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.
31
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
31
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature HB 1855, First Engrossed
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.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
15
CODING: Words stricken are deletions; words underlined are additions.