House Bill hb1035er
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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.
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23 Be It Enacted by the Legislature of the State of Florida:
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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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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:
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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.
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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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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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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.
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