House Bill hb1101

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    Florida House of Representatives - 2002                HB 1101

        By Representative Maygarden






  1                      A bill to be entitled

  2         An act relating to Escambia County; creating

  3         the West Florida Regional Library District, an

  4         independent special district; providing for the

  5         acquisition, construction, reconstruction,

  6         improvement, operation, maintenance, and

  7         financing of a public library system for the

  8         citizens of Escambia County and the City of

  9         Pensacola; providing boundaries; providing for

10         library services beyond district boundaries;

11         providing for a governing board and the manner

12         of appointing and removing its members and for

13         their terms of office; providing that the

14         governing board shall serve without

15         compensation; providing for powers; providing

16         for levy of ad valorem taxes on real and

17         tangible personal property subject to

18         referendum approval of the electors;

19         authorizing the issuance of debt obligations;

20         providing that debt obligations payable by ad

21         valorem taxation and maturing more than 12

22         months after issuance must be approved by

23         referendum of the electors; providing for

24         referendum; providing prohibition against levy

25         of taxes for library purposes by certain local

26         governments; providing for amendment; providing

27         for severability; providing an effective date.

28

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

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  1         Section 1.  Short title.--This act may be cited as the

  2  "West Florida Regional Library District Act."

  3         Section 2.  Creation and purpose; boundaries.--

  4         (1)  CREATION AND PURPOSE.--Subject to approval by

  5  referendum election held pursuant to section 8 of this act,

  6  there is created the West Florida Regional Library District,

  7  an independent special taxing district created for the purpose

  8  of providing the only library system services and facilities

  9  for all citizens of Escambia County and the City of Pensacola,

10  excluding the Escambia County School District library system

11  and any libraries of the University of West Florida and

12  Pensacola Junior College.

13         (2)  BOUNDARIES.--The boundaries of the West Florida

14  Regional Library District shall be the boundaries of Escambia

15  County.

16         Section 3.  Governing board; establishment;

17  composition; appointment of members; terms, removal, and

18  vacancies; compensation; quorum, rules of procedure, and seal;

19  powers.--

20         (1)  ESTABLISHMENT.--The governing body of the West

21  Florida Regional Library District shall be known as the West

22  Florida Regional Library District Governing Board, a public

23  body corporate and politic, hereinafter referred to as the

24  "governing board" or the "board," which shall exercise all

25  administrative and policymaking functions for the district.

26  The board shall be deemed a public instrumentality, and

27  exercise by the board of the powers conferred by this act

28  shall be deemed the performance of an essential public

29  function.

30         (2)  COMPOSITION AND APPOINTMENT, TERMS, OATH, REMOVAL,

31  AND VACANCIES.--

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  1         (a)  The governing board shall be composed of three

  2  registered voters of Escambia County appointed by the Board of

  3  County Commissioners of Escambia County, and three registered

  4  voters of the City of Pensacola appointed by the Pensacola

  5  City Council. A seventh member, who shall be a registered

  6  voter of Escambia County, shall be appointed by a majority

  7  vote of the six.

  8         (b)  All members of the governing board shall be

  9  appointed for an initial term of 3 years. All members shall

10  serve terms of 3 years, except that each member shall hold

11  over in office until a successor is nominated and appointed in

12  the same manner as provided for initial appointments, and the

13  term of the successor shall be reduced by the amount of the

14  predecessor's holdover. No member shall serve more than two

15  consecutive full terms, or more than 6 consecutive years. Any

16  member may be removed for cause by the governing body which

17  appointed such member.

18         (c)  Each member of the board, before entering upon his

19  or her duties, shall take and subscribe to the oath or

20  affirmation required by the State Constitution. A record of

21  each oath shall be filed with the Department of State and with

22  the Clerk of the Circuit Court of Escambia County. Each member

23  of the board shall abide by the same financial disclosure

24  requirements and any other reporting requirements that would

25  be applicable to a member of the Escambia County Board of

26  County Commissioners.

27         (d)  Any member may be removed by majority vote of the

28  other members of the governing board for good cause affecting

29  his or her ability to perform his or her duties as a member,

30  or for misfeasance, malfeasance, or nonfeasance in office, but

31  only after a hearing at which the member is given the right to

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  1  present evidence on his or her own behalf and only upon a

  2  finding by majority vote of the other members of the governing

  3  board that good cause for removal affecting the member's

  4  ability to perform the duties as a member exists, or upon a

  5  finding that the member is guilty of misfeasance, malfeasance,

  6  or nonfeasance in office.

  7         (e)  Upon the occurrence of a vacancy on the board, by

  8  removal or otherwise, the Escambia County Board of County

  9  Commissioners, the Pensacola City Council, or the organization

10  representing any other governmental entity within or without

11  the district that is a signatory to an interlocal agreement,

12  as appropriate, shall appoint a member to fill the vacancy.

13  Such appointee shall be a member of the governing body of the

14  entity making the appointment and shall serve the remainder of

15  the term of the member whose departure has created the

16  vacancy.

17         (3)  COMPENSATION.--Members shall serve without

18  compensation, except that they may be reimbursed pursuant to

19  section 112.061, Florida Statutes, for reasonable travel and

20  per diem expenses incurred in the course of their duties and

21  responsibilities as members, on behalf of the governing board

22  or otherwise, in engaging in the business of the district. The

23  board shall adopt a travel policy to govern official travel.

24         (4)  QUORUM, RULES OF PROCEDURE, AND SEAL.--A quorum

25  shall consist of a majority of the members of the board, and

26  official action shall be taken only upon majority vote of the

27  members present and voting. The board shall adopt bylaws for

28  election of officers and for the conduct of orderly

29  proceedings and shall adopt a common seal for certification of

30  its actions.

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  1         (5)  POWERS OF THE BOARD.--The board shall have the

  2  power to:

  3         (a)  Adopt, implement, and amend rules, regulations,

  4  policies, and procedures for the management, operation, and

  5  maintenance of library services and facilities in the

  6  district, including, but not limited to, lending policies,

  7  gift policies, and book selection policies.

  8         (b)  Develop, adopt, and implement an annual budget for

  9  a fiscal year commencing on October 1 and, further, develop

10  plans and programs for the operation, maintenance, and

11  physical expansion of the facilities and operations of the

12  district.

13         (c)  Set fees, fines, and other charges in connection

14  with the operations and services of the district and establish

15  administrative mechanisms for the collection of those fees and

16  other charges, subject to the provisions of section 6.

17         (d)  Enter into contracts, receive and expend moneys,

18  sue and be sued, and generally perform all other acts

19  necessary or incidental to the express powers and duties

20  granted or imposed by this act or by any instrument of trust.

21         (e)  Lease, grant, sell, or otherwise convey real and

22  personal property.

23         (f)  Receive gifts of money or property to be utilized

24  in providing library facilities, materials, or other

25  library-oriented programs; spend moneys, grants, proceeds, or

26  gifts; and administer any other form of property provided to

27  the district by a gift, trust, deed, or will.

28         (g)  Annually levy, for annual operating and

29  maintenance expenditures and for capital improvements and/or

30  debt service, an ad valorem tax upon real and tangible

31  personal property within the district in the same manner as

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  1  other county and municipal ad valorem taxes are levied,

  2  provided that:

  3         1.  The millage allocated to annual operating and

  4  maintenance expenses of the district shall not exceed 1 mill,

  5  except that for the first 3 years from the effective date of

  6  this act such millage shall not exceed 0.5 mill.

  7         2.  The millage allocated to capital improvements

  8  and/or debt service shall not exceed the amount necessary to

  9  pay the principal of, and interest on, bonds issued under

10  paragraph (j) and in any event shall not exceed 0.5 mill.

11  During any year in which the governing body levies ad valorem

12  taxes for the purpose of servicing debt issued pursuant to

13  this paragraph, the maximum annual capital improvement millage

14  authorized by this paragraph shall be reduced by the millage

15  actually levied to service such debt.

16         (h)  Purchase, lease, lease purchase, construct,

17  reconstruct, or otherwise acquire capital projects related to

18  the library services and facilities of the district.

19  Lease-purchase arrangements may include such contracts and

20  agreements deemed necessary or convenient by the governing

21  board, and any rental or other payments required thereunder

22  may be secured by any lawfully available funds of the

23  district.

24         (i)  Appropriate and expend revenue of the district,

25  subject to the limitations of this act.

26         (j)  Issue from time to time limited tax bonds, notes,

27  any other certificates of indebtedness, or any form of limited

28  tax or bond anticipation notes or certificates payable from

29  all or any portion of the 0.5 mill capital improvement millage

30  provided for in subparagraph (g)2., but only when the proceeds

31  of such bonds, notes, certificates of indebtedness, or tax or

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  1  bond anticipation notes or certificates are used to finance or

  2  refinance capital projects related to library services or

  3  facilities of the district. Bonds issued hereunder shall be

  4  payable from taxes to be levied on all taxable property in the

  5  district, but said taxes shall be limited to a maximum levy of

  6  0.5 mill. In issuing such bonds or other forms of

  7  indebtedness, the governing board may pledge the faith and

  8  credit of the district for service of the debt to be incurred,

  9  up to the 0.5 mill limit.

10         (k)  Issue bonds, notes, certificates of indebtedness,

11  or any form of tax or bond anticipation notes or certificates

12  payable from all or any portion of the ad valorem tax revenues

13  of the district, provided that if such bonds, notes,

14  certificates of indebtedness, or tax anticipation notes or

15  certificates mature more than 12 months after the date of

16  issuance:

17         1.  The issuance thereof shall be approved by a

18  majority of the electors voting in a bond referendum conducted

19  pursuant to law.

20         2.  The proceeds thereof shall be used only to finance

21  or refinance capital projects related to library services or

22  facilities of the system. Bonds or other forms of indebtedness

23  issued pursuant to this subsection shall be payable from ad

24  valorem taxes to be levied on all taxable property in the

25  district without limitation as to rate or amount. In issuing

26  such bonds or other forms of indebtedness, the governing board

27  may pledge the full faith and credit of the district for

28  service of the debt to be incurred.

29         (l)  Issue revenue bonds, notes, including bond

30  anticipation notes, or other certificates of indebtedness

31  payable from the proceeds of any fees, charges, fines,

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  1  rentals, grants, or other sources of revenue, except ad

  2  valorem taxes, which may be or may become available to the

  3  district and, in connection therewith, to:

  4         1.  Pledge such revenues to the payment of such revenue

  5  bonds, notes, or other certificates of indebtedness.

  6         2.  Make all customary or necessary covenants for the

  7  security of such revenue bonds, notes, or other certificates

  8  of indebtedness, including covenants to ensure the adequacy of

  9  such revenues and the proper collection, holding, and

10  disposition thereof.

11         3.  Agree to pay some or all expenses of maintenance

12  and operation from sources other than pledged revenues, and

13  not to diminish the rate of taxation available therefor.

14         4.  Capitalize interest and reserves in such amounts as

15  the governing board may deem necessary.

16         5.  Pay all or any portion of the costs of issuance of

17  such bonds, notes, or other certificates of indebtedness,

18  including fiscal, legal, bond insurance, and printing

19  expenses, from the proceeds of such bonds, notes, or other

20  certificates of indebtedness or from other sources.

21         6.  Apply the proceeds of said revenue bonds, notes, or

22  other certificates of indebtedness to the payment of the cost

23  of any or all facilities or property, real or personal,

24  including books, which said district is empowered to acquire,

25  including all architectural, legal, engineering, and other

26  professional costs incurred in connection therewith, or to the

27  refunding of previously issued bonds, notes, or other

28  certificates of indebtedness.

29         (m)  Issue such bonds, revenue bonds, tax or bond

30  anticipation notes, or other forms of indebtedness at such

31  interest rate or rates as the governing board may determine

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  1  appropriate, not exceeding the maximum rates permitted by

  2  general law.

  3         (n)  Provide for the management, administration,

  4  operation, supervision, oversight, and maintenance of all

  5  library facilities, and the services, programs, and functions

  6  thereof, for the benefit of the residents of Escambia County

  7  and the City of Pensacola and for any other jurisdiction which

  8  may become a member of the district by entering into an

  9  agreement with the library board.

10         (o)  Purchase, lease, or otherwise acquire real and

11  personal property, and generally take all other actions

12  regarding such property as may be necessary in the prudent

13  management, operation, and maintenance of library district

14  services and facilities. All property, real or personal,

15  acquired by the governing board from whatever source or by

16  whatever means shall be deemed to be held in trust for the

17  benefit of the residents of the district for library purposes.

18  In the event that the district is dissolved, all of the assets

19  of the district shall be evenly divided between the Pensacola

20  City Council and the Escambia County Board of County

21  Commissioners irrespective of the geographical location of the

22  assets. The specific disposition of the assets shall be

23  determined by negotiations and mutual agreement between the

24  two parties.

25         (p)  Dispose of real or personal property as necessary

26  for the prudent management, operation, and maintenance of

27  library services and facilities.

28         (q)  Provide for the employment of personnel and all

29  matters relative thereto through the contractual agreement

30  with the City of Pensacola referred to in subsection (1) of

31  section 5.

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  1         (r)  Retain attorneys, accountants, architects,

  2  engineers, and other consultants and professionals, pursuant

  3  to applicable general law.

  4         (s)  Contract with the City of Pensacola for the

  5  provision of library services and personnel and the

  6  administration of those services and personnel within or

  7  outside the district, provided that library services outside

  8  the district shall not be subsidized by the ad valorem tax

  9  revenues of the district. The costs of providing library

10  services pursuant to paragraph (v) within any jurisdiction

11  outside the district boundaries shall be borne by such

12  jurisdiction.

13         (t)  Apply for and accept any grant of money or

14  property from any governmental body or private organization

15  and enter into contracts incidental thereto.

16         (u)  Adopt rules for the regulation of its affairs and

17  the conduct of its business and perform all other acts

18  necessary to enable the governing board to properly carry out

19  the purposes of this act.

20         (v)  Enter into agreements with any public agency as

21  defined in section 163.01, Florida Statutes, to provide

22  library services within the jurisdiction of such public

23  agency.

24         (w)  Plan and coordinate with Escambia County and the

25  City of Pensacola to ensure that library system facilities

26  comply with applicable elements of local comprehensive plans.

27         (x)  Comply with all applicable provisions of law,

28  including without limitation those provisions of chapter 189,

29  Florida Statutes, applicable to independent special districts

30  and applicable provisions of chapter 218, Florida Statutes.

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  1         Section 4.  Use of tax revenues; supplemental

  2  appropriations and in-kind services.--

  3         (1)  Ad valorem tax revenue of the district shall be

  4  used for the following purposes only:

  5         (a)  Operation and maintenance expenses of library

  6  district services and facilities.

  7         (b)  Capital expenditures related to library district

  8  services and facilities within the district.

  9         (c)  Servicing debt incurred pursuant to this act.

10         (2)  Notwithstanding any other provision of this act,

11  any county or city may appropriate, and the governing board

12  may accept and expend, funds for library facilities, services,

13  programs, and operations which are supplemental to ad valorem

14  tax revenues otherwise collected pursuant to this act.

15  Further, any county or city may provide to the board services

16  and in-kind contributions of any nature whatsoever in support

17  of library facilities, services, programs, and operations.

18         Section 5.  Support services.--

19         (1)  The governing board shall arrange for the

20  provision of budgeting, building and grounds maintenance,

21  personnel, purchasing, legal, accounting and treasury

22  services, and all general government services to the library

23  district through a contract for such services with the City of

24  Pensacola. All employees, with the exception of members of the

25  board, shall be considered employees of the City of Pensacola

26  for purposes of this act. Such contract shall provide for the

27  reimbursement of all administrative costs to the City of

28  Pensacola, both direct and indirect. Indirect costs shall be

29  calculated based upon a formula approved by the board and the

30  City of Pensacola.

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  1         (2)  The City Attorney of the City of Pensacola shall

  2  provide legal services to the library district through the

  3  contractual relationship provided for in subsection (1).

  4         (3)  The audit of the library district's financial

  5  statements shall be performed as a part of the annual audit of

  6  the City of Pensacola's financial statements.

  7         Section 6.  Entitlement of district residents to

  8  library services.--For as long as the governing board levies

  9  an ad valorem tax pursuant to paragraph (5)(g) of section 3

10  for the operation and maintenance of library services and

11  facilities, all residents of the district shall be entitled to

12  use of the general library services and facilities without

13  charge. However, nothing in this section shall be construed as

14  prohibiting the board from imposing fines for delinquent

15  library materials or establishing charges for library services

16  and facilities which are specialized and of a type not

17  typically used by the general public and which the board would

18  otherwise not be able to make available without such user

19  charges. Further, such entitlement shall cease and shall not

20  apply if and when ad valorem tax revenues are used solely for

21  servicing debt incurred in the acquisition or refinancing of

22  capital projects.

23         Section 7.  Prohibition against other taxation for

24  libraries.--As long as the governing board levies the ad

25  valorem tax authorized by this act, the Escambia County Board

26  of County Commissioners, the Pensacola City Council, and any

27  other taxing authorities within the boundaries of the district

28  are hereby prohibited from levying any tax for library

29  facilities, services, or other library purposes, excluding the

30  library facilities, services, and other library purposes of

31  the school library system.

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  1         Section 8.  Referendum authority to levy ad valorem

  2  taxes and to issue debt obligations payable from ad valorem

  3  taxes; dissolution of district upon nonapproval.--A referendum

  4  of the electors of Escambia County shall be held prior to

  5  December 31, 2003, to authorize the creation of the West

  6  Florida Regional Library District and its power to levy ad

  7  valorem taxes on real and tangible personal property within

  8  the limitations and for the purposes provided in paragraph

  9  (5)(g) of section 3. The Pensacola City Council shall, by

10  resolution, prepare the referendum ballot language and fix the

11  date of the referendum election, and shall provide for such

12  notices as may be required by the Florida Election Code.

13         Section 9.  This act may be amended by law.

14         Section 10.  If any portion of this act is held invalid

15  or unconstitutional by any court of law, all remaining

16  portions of the act shall remain in full force and effect if,

17  and only if, the intent of the Legislature can continue to be

18  effected.

19         Section 11.  This act shall take effect only upon its

20  approval by a majority vote of those qualified electors of

21  Escambia County voting in a referendum to be held by the

22  Pensacola City Council in conjunction with a primary, general,

23  special, or other election to be held in Escambia County prior

24  to December 31, 2003, except that this section shall take

25  effect upon becoming a law.

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