House Bill hb0923e1
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1                      A bill to be entitled
  2         An act relating to Bayshore Gardens Park and
  3         Recreation District, Manatee County; codifying,
  4         reenacting, amending, and repealing special
  5         acts relating to the district; providing
  6         legislative intent; providing district status
  7         and boundaries; providing for applicability of
  8         chapters 418 and 189, F.S., and other general
  9         laws; providing a district charter; providing
10         for liberal construction; providing a saving
11         clause in the event any provision of the act is
12         deemed invalid; providing for severability;
13         providing an effective date.
14
15  Be It Enacted by the Legislature of the State of Florida:
16
17         Section 1.  Pursuant to section 189.429, Florida
18  Statutes, this act constitutes the codification of all special
19  acts relating to the Bayshore Gardens Park and Recreation
20  District. It is the intent of the Legislature in enacting this
21  law to provide a single, comprehensive special act charter for
22  the district, including all current legislative authority
23  granted to the district by its several legislative enactments
24  and any additional authority granted by this act.
25         Section 2.  Chapters 79-509 and 97-357, Laws of
26  Florida, are codified, reenacted, amended, and repealed as
27  herein provided.
28         Section 3.  The charter for the Bayshore Gardens Park
29  and Recreation District is re-created and reenacted to read:
30         Section 1.  Status and boundaries of Bayshore Gardens
31  Park and Recreation District.--The Bayshore Gardens Park and
                                  1
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1  Recreation District is hereby declared to be an independent
  2  recreation district and a political subdivision of the State
  3  of Florida pursuant to chapter 418, Florida Statutes, as it
  4  may be amended from time to time, and the lands lying within
  5  the area described as follows in Manatee County shall hereby
  6  constitute the Bayshore Gardens Park and Recreation District:
  7
  8         Bayshore Gardens Subdivisions, Section 1, as
  9         recorded in Plat Book 9, Page 12, of the Public
10         Records of Manatee County, Florida.
11
12         Bayshore Gardens Subdivisions, Section 2, as
13         recorded in Plat Book 9, Pages 35 and 36, of
14         the Public Records of Manatee County, Florida.
15
16         Bayshore Gardens Subdivisions, Section 4, as
17         recorded in Plat Book 9, Page 69, of the Public
18         Records of Manatee County, Florida
19
20         Bayshore Gardens Subdivisions, Section 3, as
21         recorded in Plat Book 10, Pages 5, 6, and 7, of
22         the Public Records of Manatee County, Florida.
23
24         Bayshore Gardens Subdivisions, Section 4
25         (Replat of Blocks A and B), as recorded in Plat
26         Book 10, Page 10, of the Public Records of
27         Manatee County, Florida.
28
29         Bayshore Gardens Subdivision, Section 5, as
30         recorded in Plat Book 10, Pages 17 and 18, of
31
                                  2
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         the Public Records of Manatee County, Florida,
  2         less Lot 1.
  3
  4         Bayshore Gardens Subdivisions, Section 3
  5         (Replat of Blocks K, L, and M), as recorded in
  6         Plat Book 10, Page 38, of the Public Records of
  7         Manatee County, Florida.
  8
  9         Bayshore Gardens Subdivisions, Section 9A, as
10         recorded in Plat Book 10, Page 83 and 84, of
11         the Public Records of Manatee County, Florida.
12
13         Bayshore Gardens Subdivisions, Section 9B, as
14         recorded in Plat Book 11, Page 2, of the Public
15         Records of Manatee County, Florida.
16
17         Bayshore Gardens Subdivisions, Section 9C, as
18         recorded in Plat Book 11, Page 3, of the Public
19         Records of Manatee County, Florida.
20
21         Bayshore Gardens Subdivisions, Section 9D, as
22         recorded in Plat Book 11, Page 4, of the Public
23         Records of Manatee County, Florida.
24
25         Bayshore Gardens Subdivisions, Section 9F, as
26         recorded in Plat Book 11, Page 5, of the Public
27         Records of Manatee County, Florida.
28
29         Bayshore Gardens Subdivisions, Section 9G, as
30         recorded in Plat Book 11, Page 6, of the Public
31         Records of Manatee County, Florida.
                                  3
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1
  2         Bayshore Gardens Subdivisions, Section 6, as
  3         recorded in Plat Book 11, Page 59, of the
  4         Public Records of Manatee County, Florida.
  5
  6         Bayshore Gardens Subdivisions, Section 7, as
  7         recorded in Plat Book 11, Page 60, of the
  8         Public Records of Manatee County, Florida.
  9
10         Bayshore Gardens Subdivisions, Section 8, as
11         recorded in Plat Book 11, Page 63, of the
12         Public Records of Manatee County, Florida.
13
14         Bayshore Gardens Subdivisions, Section 10, as
15         recorded in Plat Book 11, Page 93, of the
16         Public Records of Manatee County, Florida.
17
18         Bayshore Gardens Subdivisions, Section 11, as
19         recorded in Plat Book 12, Pages 4 and 5, of the
20         Public Records of Manatee County, Florida.
21
22         Bayshore Gardens Subdivisions, Section 12, as
23         recorded in Plat Book 12, Pages 6 and 7, of the
24         Public Records of Manatee County, Florida.
25
26         Bayshore Gardens Subdivisions, Section 13, as
27         recorded in Plat Book 12, Pages 8 and 9, of the
28         Public Records of Manatee County, Florida.
29
30
31
                                  4
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         Bayshore Gardens Subdivisions, Section 14, as
  2         recorded in Plat Book 12, Page 10 and 11, of
  3         the Public Records of Manatee County, Florida.
  4
  5         Bayshore Gardens Subdivisions, Section 31, as
  6         recorded in Plat Book 12, Pages 32 and 33, of
  7         the Public Records of Manatee County, Florida.
  8
  9         Bayshore Gardens Subdivisions, Section 32, as
10         recorded in Plat Book 12, Pages 34 and 35, of
11         the Public Records of Manatee County, Florida.
12
13         Bayshore Gardens Subdivisions, Section 33, as
14         recorded in Plat Book 12, Pages 36 and 37, of
15         the Public Records of Manatee County, Florida.
16
17         Bayshore Gardens Subdivisions, Section 19, as
18         recorded in Plat Book 12, Pages 76 and 77, of
19         the Public Records of Manatee County, Florida.
20
21         Bayshore Gardens Subdivisions, Section 20, as
22         recorded in Plat Book 12, Page 78 and 79, of
23         the Public Records of Manatee County, Florida.
24
25         Bayshore Gardens Subdivisions, Section 21, as
26         recorded in Plat Book 12, Pages 80 and 81, of
27         the Public Records of Manatee County, Florida.
28
29         Bayshore Gardens Subdivisions, Section 22, as
30         recorded in Plat Book 13, Pages 1 and 2, of the
31         Public Records of Manatee County, Florida.
                                  5
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1
  2         Bayshore Gardens Subdivisions, Section 35, as
  3         recorded in Plat Book 13, Pages 44 and 45, of
  4         the Public Records of Manatee County, Florida.
  5
  6         Bayshore Gardens Subdivisions, Section 36, as
  7         recorded in Plat Book 13, Pages 53 and 54, of
  8         the Public Records of Manatee County, Florida.
  9
10         Bayshore Gardens Subdivisions, Section 37A, as
11         recorded in Plat Book 13, Page 82, of the
12         Public Records of Manatee County, Florida.
13
14         Parcel of land, 70' X 108' facing 70' on the
15         extension of Renssalaer Drive described as
16         follows:
17
18         Begin as the most Easterly corner of Lot 1,
19         Block C, Section 14, Bayshore Gardens
20         Subdivision, as per Plat thereof recorded in
21         Plat Book 12, Page 10, Public Records of
22         Manatee County, Florida; thence run N 49°47'51"
23         W, along the Northerly line of said Lot 1,
24         Block C, 108.0' to the E line of Renssalaer
25         Drive extended; thence run N 40°12'10" E 70.0'
26         to a point; thence run S 49°47'50" E, 108.0' to
27         a point; thence run S 40°12'10" W 70.0' to the
28         point of beginning; less a 5' easement off the
29         S and E sides of the above described parcel.
30         Begin at the SW corner of Lot 2, Block A,
31         Bayshore Gardens, Section 35, as per Plat
                                  6
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         recorded in Plat Book 13, Pages 44 and 45;
  2         thence run along the W line of said Lot 2, and
  3         the extension thereof N 0°30' W, a distance of
  4         108.0 feet to a point; thence run South 89°30'
  5         W, a distance of 70.0 feet to a point; thence
  6         run S 0°30' E, a distance of 108.0 feet to a
  7         point; thence run N 89°30' E, a distance of
  8         70.0 feet to the point of beginning, as
  9         described in Official Record Book 308, Page 43,
10         Public Records of Manatee County, Florida.
11
12         Section 2.  Minimum charter requirements.--In
13  accordance with section 189.404(3), Florida Statutes, the
14  following subsections shall constitute the charter of the
15  Bayshore Gardens Park and Recreation District:
16         (1)  The district is organized and exists for all
17  purposes set forth in this act and chapter 418, Florida
18  Statutes, as they may be amended from time to time.
19         (2)  The powers, functions, and duties of the district
20  regarding ad valorem taxation, bond issuance, other
21  revenue-raising capabilities, budget preparation and approval,
22  liens and foreclosure of liens, use of tax deeds and tax
23  certificates as appropriate for non-ad valorem assessments,
24  and contractual agreements shall be as set forth in chapters
25  170, 189, 197, and 418, Florida Statutes, or any other
26  applicable general or special law, as they may be amended from
27  time to time.
28         (3)  The district was created by the Florida
29  Legislature in 1979 by House Bill No. 1233 in accordance with
30  chapter 418, Florida Statutes.
31
                                  7
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         (4)  The district's charter may be amended only by
  2  special act of the Legislature.
  3         (5)  In accordance with chapter 189, Florida Statutes,
  4  this act, and section 418.21(1)(a), Florida Statutes, the
  5  district is governed by a nine-member board of trustees,
  6  elected on a popular-vote basis by the residents of the
  7  district. The trustees shall hold office for a term of 4 years
  8  and may succeed themselves. Election of succeeding boards of
  9  trustees shall be held biennially on the first Tuesday after
10  the first Monday of December of each odd-numbered year. Said
11  election shall be held at the Bayshore Gardens Recreation Hall
12  in the district between the hours of 7 a.m. and 7 p.m. The
13  supervisor of elections of Manatee County shall conduct the
14  election and canvass the return of said elections and shall
15  announce the results thereof. Notice of said election setting
16  forth the names of the persons proposed as trustees of the
17  district for the next ensuing 4 years shall be published by
18  the district one time at least 10 days prior to such election
19  in a newspaper of general circulation published in Manatee
20  County. Said election may be by ballot or by voting machine.
21  All vacancies occurring in the board of trustees from any
22  causes shall be filled for the unexpired term by the remaining
23  trustees by the appointment of a successor trustee or trustees
24  from among the qualified electors of said district. Any
25  trustee moving from the district shall resign forthwith. Any
26  trustee failing to discharge the duties of his or her position
27  may be removed for cause by the board of trustees after due
28  notice and an opportunity to be heard upon charges of
29  malfeasance or misfeasance. The trustees, upon their biennial
30  election, shall organize by electing from their number a
31  chair, two vice chairs, a secretary, and a treasurer.
                                  8
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         (6)  The trustees shall not receive any compensation
  2  for their services but shall be entitled to be reimbursed from
  3  funds of the district for any travel and per diem expense,
  4  pursuant to section 112.061, Florida Statutes, that they may
  5  properly incur on behalf of the district. Before any trustee
  6  shall enter upon his or her duties, he or she shall execute to
  7  the Governor of the state, for the benefit of the district, a
  8  good and sufficient bond in the sum of $10,000 with a
  9  qualified corporate surety conditioned to faithfully perform
10  the duties of such trustee and to account for all funds which
11  may come into his or her hands as such trustee. All premiums
12  for such surety on all bonds shall be paid from the funds of
13  the district.
14         (7)  The administrative duties of the board of trustees
15  shall be as set forth in this act and chapters 189 and 418,
16  Florida Statutes, as they may be amended from time to time.
17  The trustees shall have the following specific powers:
18         (a)  To negotiate purchases and to purchase real and
19  personal property on behalf of the district and to pay for
20  such purchases either with cash or by the issuance of
21  promissory notes or revenue certificates;
22         (b)  To determine and fix the assessment to be assessed
23  annually within the district;
24         (c)  To enter into contracts on behalf of the district;
25         (d)  To buy, sell, rent, or lease real and personal
26  property in the name of the district;
27         (e)  To deliver purchase money notes and mortgages or
28  to assume the obligation of existing mortgages in connection
29  with the acquisition of property of the district;
30         (f)  To receive gifts of real or personal property; and
31
                                  9
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         (g)  To promulgate reasonable rules and regulations
  2  governing the use of the facilities of the district.
  3
  4  A record shall be kept of all meetings of the board of
  5  trustees, and in such meetings a concurrence of the majority
  6  of said trustees shall be necessary to any affirmative action
  7  taken by the board. Said trustees may adopt such rules and
  8  regulations, not inconsistent with any portion of this act or
  9  chapters 189 and 418, Florida Statutes, as they may deem
10  necessary or convenient in and about the transaction of the
11  business of the district and in carrying out the provisions of
12  this act.
13
14  Notwithstanding any provisions to the contrary herein, the
15  trustees shall not enter into any future contracts involving
16  the purchase, lease, conveyance, or other manner of
17  acquisition of real or tangible personal property in any
18  instance where the cost, price, or consideration thereof
19  exceeds $25,000, including all obligations proposed to be
20  assumed in connection with such acquisition, unless: the
21  trustees by two-thirds vote have approved the terms and
22  conditions of such acquisition by written resolution and
23  within not less than 30 nor more than 60 days of the date of
24  the resolution, the trustees certify the resolution to the
25  supervisor of elections of Manatee County for a referendum
26  election, and a majority of qualified electors approve the
27  resolution by referendum election.
28         (8)  Requirements for financial disclosure, meeting
29  notices, and reporting requirements shall be as set forth in
30  chapters 112, 189, 286, and 418, Florida Statutes, as they may
31  be amended from time to time. The fiscal year of the district
                                  10
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1  shall commence October 1. The trustees shall, on or before
  2  April 1 of each year, prepare an annual financial statement of
  3  income and disbursements during the prior fiscal year. On or
  4  before July 1 of each year, the trustees shall prepare and
  5  adopt an itemized budget showing the amount of money necessary
  6  for the operation of the district for the next fiscal year,
  7  and the district assessment to be assessed and collected upon
  8  the taxable property of the district for the next ensuing
  9  year. Such financial statements shall be published once during
10  the month of April each year in a newspaper of general
11  circulation within the County of Manatee. A copy of said
12  statement and a copy of said budget shall also be made
13  available for public inspection at the principal office of the
14  district at reasonable hours.
15         (9)  The district shall have no authority to issue
16  bonds.
17         (10)  The board of trustees shall have the right,
18  power, and authority to levy a special assessment known as a
19  recreation district tax against all taxable real estate
20  situated within said district for the purpose of providing
21  funds for the operation of the district. The trustees shall,
22  on or before June 1 of each year, beginning in the year 1980,
23  or as soon as practicable thereafter, by resolution fix the
24  amount of the assessment for the current year and shall direct
25  the property appraiser of Manatee County to assess and the tax
26  collector of Manatee County to collect such assessment as
27  assessed upon each improved residential parcel of property
28  within the district. Prior to the adoption of the said
29  resolution fixing the amount of the said assessment, the
30  trustees shall hold a public hearing at which time property
31  owners within the district may appear and be heard. Notice of
                                  11
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1  the time and place of the public hearing shall be published
  2  once in a newspaper of general circulation within the County
  3  of Manatee at least 21 days prior to the said public hearing.
  4  The assessment shall be determined by dividing the budget by
  5  the number of parcels subject to the assessment. If a majority
  6  of the residents subject to said assessment present at said
  7  public hearing are opposed to the budget and assessment, it
  8  shall be reduced until acceptable to a majority voting. The
  9  county property appraiser shall include on the Manatee County
10  tax roll the special assessment for park and recreation
11  district benefits thus made by the board of trustees of the
12  district, and the same shall be collected in the manner and
13  form as provided for collection of county taxes. The county
14  tax collector and the county property appraiser shall each
15  receive compensation for their services regarding such special
16  assessments of 1 1/2 percent of the gross tax receipts instead
17  of the commissions and fees usually earned for the assessment
18  and collection of county taxes. After deducting therefrom the
19  said fees, the tax collector shall deposit the funds into a
20  depository designated by the board of trustees of the district
21  for the account of the district. For the purpose of
22  determining property subject to the district assessment, an
23  "improved residential parcel" shall be construed to mean a
24  platted lot or lots on which a residence may be erected. The
25  district assessment shall not be an ad valorem tax but rather
26  shall be a unit tax assessed equally against all improved
27  residential parcels. The district assessment shall be a lien
28  upon each improved residential parcel of land so assessed
29  until said assessment has been paid, and shall be considered a
30  part of the Manatee County tax, subject to the same penalties,
31  charges, fees, and remedies for enforcement and collection as
                                  12
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1  provided by the laws of the state for the collection of such
  2  taxes. The proceeds of said assessment and the funds of the
  3  district shall be deposited in the name of the district in a
  4  bank or savings and loan association or building and loan
  5  association authorized to receive deposits of county funds,
  6  which depository shall be designated by resolution of the
  7  board of trustees. No funds of the district shall be disbursed
  8  save and except by check or draft signed by the chair and
  9  treasurer of the board or, in the absence of either, by
10  another trustee designated by the board for that purpose.
11         (11)  The district's planning requirements shall be as
12  set forth in chapters 189 and 418, Florida Statutes, as they
13  may be amended from time to time.
14         (12)  The district's geographic boundary limitations
15  shall be as set forth in section 3 of this act.
16         (13)  The Bayshore Gardens Park and Recreation District
17  is an independent special district as defined in section
18  189.403(3), Florida Statutes.
19         (14)  The district shall have all powers provided to it
20  by this act, chapters 189 and 418, Florida Statutes, and other
21  applicable general laws, as they may be amended from time to
22  time.
23         (15)  The district hereby created may be abolished by a
24  two-thirds vote of the qualified electors of the districts
25  participating in an election called by the trustees of the
26  district for that purpose, which election shall be held and
27  notice thereof given under the same requirements as are set
28  forth hereunder for the election of trustees and the levying
29  and collecting of district assessments, provided, however,
30  that the district shall not be abolished while it has
31  outstanding indebtedness without first making adequate
                                  13
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1  provisions for the liquidation of such outstanding
  2  indebtedness.
  3         Section 3.  Use of district facilities.--Persons
  4  entitled to use the district facilities and property of the
  5  district shall be limited to residents within the district,
  6  their family members and guests, and such other persons and
  7  groups as the trustees may authorize from time to time. The
  8  property of the district shall consist of real or personal
  9  property and improvements now or hereafter acquired, erected,
10  or purchased by the trustees for the district. For the
11  purposes of this act, each parcel of property in said district
12  is hereby declared to be uniformly and generally benefited by
13  the provisions hereof.
14         Section 4.  Indemnification.--Any trustee who is made a
15  party to any action, suit, or proceeding solely by reason of
16  his or her holding office in the district shall be indemnified
17  by the district against reasonable expenses, including
18  attorney's fees incurred by him or her in defending such suit,
19  action, or proceeding, except with respect to matters wherein
20  it shall be adjudged in such proceeding that such trustee is
21  liable for negligence or misconduct in the performance of his
22  or her duties.
23         Section 4.  It is intended that the provisions of this
24  act shall be liberally construed for accomplishing the work
25  authorized and provided for, or intended to be provided for,
26  by this act, and, where strict construction would result in
27  the defeat of the accomplishment of any part of the work
28  authorized by this act, and a liberal construction would
29  permit or assist in the accomplishment of any part of the work
30  authorized by this act, the liberal construction shall be
31  chosen.
                                  14
CODING: Words stricken are deletions; words underlined are additions.
                                       HB 923, First Engrossed/ntc
  1         Section 5.  If any clause, section, or provision of
  2  this act shall be declared to be unconstitutional or invalid
  3  for any cause or reason, the same shall be eliminated from
  4  this act, and the remaining portion of this act shall be in
  5  force and effect and be as valid as if such invalid portion
  6  thereof had not been incorporated therein.
  7         Section 6.  Chapters 79-509 and 97-357, Laws of
  8  Florida, relating to the Bayshore Gardens Park and Recreation
  9  District, shall be repealed 10 days after the effective date
10  of this act.
11         Section 7.  This act shall take effect upon becoming a
12  law.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  15
CODING: Words stricken are deletions; words underlined are additions.