House Bill hb1035

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    Florida House of Representatives - 2002                HB 1035

        By Representative Green






  1                      A bill to be entitled

  2         An act relating to the Fort Myers Beach Public

  3         Library District, Lee County; providing

  4         legislative intent; providing for codification

  5         of the special laws relating to the Fort Myers

  6         Beach Public Library District pursuant to

  7         section 189.429, Florida Statutes; codifying,

  8         reenacting, and amending all prior special

  9         acts; creating and establishing a public

10         library district as an independent district in

11         Lee County and fixing the boundaries of the

12         District; providing for a governing body;

13         prescribing the powers of the board;

14         authorizing the board to make policies, rules,

15         and regulations; providing for assessing and

16         collecting taxes and assessments; providing for

17         liberal construction; providing for

18         severability; repealing chapters 65-1823,

19         75-418, 79-489, 79-491, 81-414, 85-441, and

20         91-404, Laws of Florida, relating to the

21         District; providing an effective date.

22

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

24

25         Section 1.  Intent.--Pursuant to section 189.429,

26  Florida Statutes, this act constitutes the codification of all

27  special acts relating to the Fort Myers Beach Public Library

28  District. It is the intent of the Legislature to provide a

29  single, comprehensive special act charter for the Fort Myers

30  Beach Public Library District that includes all current

31  legislative authority granted to the District by general law

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    Florida House of Representatives - 2002                HB 1035

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  1  and by its several legislative enactments, as said laws may be

  2  amended from time to time, and any additional authority

  3  granted by this act.

  4         Section 2.  Chapters 65-1823, 75-418, 79-489, 79-491,

  5  81-414, 85-441, and 91-404, Laws of Florida, as they relate to

  6  the Fort Myers Beach Public Library District, are hereby

  7  codified, reenacted, and amended as herein provided.

  8         Section 3.  The Fort Myers Beach Public Library

  9  District is re-created and the charter for such District is

10  re-created and reenacted to read:

11         Section 1.  Creation.--There is hereby made, created,

12  and established the Fort Myers Beach Public Library District,

13  an independent special district, hereinafter referred to as

14  "the District," through the codification and reenactment of

15  the District's several legislative enactments, which shall

16  include the following described land:

17

18         All that part of Lee County that is located and

19         situated within San Carlos Island; Estero

20         Island; the easterly one-half (1/2) of Section

21         13, Township 46 South, Range 23 East; Section

22         18, Township 46 South, Range 24 East; and

23         Section 7, Township 46 South, Range 24 East,

24         except that part which is located and situated

25         North of the old railroad grade.

26

27         Section 2.  Governing body.--The District shall be

28  governed by a board that shall consist of seven qualified

29  electors of the District who are elected by a vote of the

30  electors of the District pursuant to the laws of Florida,

31  specifically chapter 81-414, Laws of Florida, as said laws may

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    Florida House of Representatives - 2002                HB 1035

    705-166-02






  1  be amended from time to time. In particular, candidates shall

  2  be required to open depositories and appoint treasurers prior

  3  to accepting any contributions or expending any funds,

  4  provided that where a candidate accepts no contributions and

  5  does no advertising and the only expenditure is the filing fee

  6  or the fee required for checking signatures, the candidates

  7  shall not be required to open depositories or appoint a

  8  treasurer.

  9         Section 3.  Officers; meetings; powers.--Within 10 days

10  after the election of the members of the board, members shall

11  meet and elect from their membership a president, vice

12  president, secretary, corresponding secretary, and treasurer.

13  However, the same member may be both secretary and treasurer.

14  Meetings of the members of the board as the governing body of

15  the District shall be noticed and regulated as provided by

16  chapter 189, Florida Statutes, or any other applicable general

17  law or special law, as said laws may be amended from time to

18  time. The District shall have and the board may exercise the

19  general and special powers prescribed by chapter 65-1823, Laws

20  of Florida, chapter 189, Florida Statutes, or any other

21  applicable general law or special law, as said laws may be

22  amended from time to time. In particular, the board is

23  authorized to buy, own, and maintain library facilities,

24  equipment, books, and supplies; to acquire property both real

25  and personal, and any other property as the board may deem

26  necessary or proper in order to provide the residents within

27  the District with the most complete library facilities as

28  finances may permit; and to adopt an annual budget for the

29  District.

30         Section 4.  Taxes; non-ad valorem assessments.--The

31  District board shall fix and cause to be levied on all

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    Florida House of Representatives - 2002                HB 1035

    705-166-02






  1  property of the District a millage sufficient to meet the

  2  requirements of the adopted budget; provided, however, that 1

  3  mill is the maximum that can be levied in any one year, except

  4  as may be provided in any applicable general law or special

  5  law, as said laws may be amended from time to time. In

  6  addition, the District shall have such authority to levy

  7  non-ad valorem assessments as prescribed in chapter 189,

  8  Florida Statutes, and any other applicable general law or

  9  special law, as said laws may be amended from time to time.

10         Section 5.  Assessment and collection of taxes and

11  assessments.--Taxes and assessments herein provided for shall

12  be assessed and collected in the manner prescribed by

13  applicable general law or special law, as said laws may be

14  amended from time to time.

15         Section 4.  This act shall be construed as a remedial

16  act and shall be liberally construed to promote the purpose

17  for which it is intended, which is a codification,

18  reenactment, and repeal of the several legislative enactments

19  of the District.

20         Section 5.  If any clause or provision of this act is

21  declared unconstitutional or invalid for any cause or reason,

22  it shall be eliminated from this act and the remaining portion

23  of this act shall remain in full force and effect as if said

24  unconstitutional or invalid portion had not been incorporated

25  herein.

26         Section 6.  Chapters 65-1823, 75-418, 79-489, 79-491,

27  81-414, 85-441, and 91-404, Laws of Florida, as said laws

28  relate to the District, are repealed.

29         Section 7.  This act shall take effect upon becoming a

30  law.

31

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