Senate Bill sb2862

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    Florida Senate - 2003        (NP)                      SB 2862

    By Senator Jones





    13-410-03

  1                      A bill to be entitled

  2         An act relating to the Greater Seminole Area

  3         Special Recreation District, Pinellas County;

  4         providing for codification of special laws

  5         relating to the district; providing legislative

  6         intent; codifying, reenacting, and amending

  7         chapters 80-584, 84-515, 84-516, 86-445,

  8         88-445, Laws of Florida; describing district

  9         boundaries; providing for the district

10         commissioners, their appointment and powers;

11         repealing chapters 80-584, 84-515, 84-516,

12         86-445, 88-445, Laws of Florida; providing for

13         liberal construction; providing for

14         severability; providing an effective date.

15  

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

17  

18         Section 1.  Pursuant to section 189.429, Florida

19  Statutes, this act constitutes the codification of all special

20  acts relating to the Greater Seminole Area Special Recreation

21  District, an independent special district and public

22  corporation of the state. It is the intent of the Legislature

23  in enacting this law to provide a single, comprehensive

24  special act charter for the district, including all current

25  legislative authority granted to the district by its several

26  enactments and any additional authority granted by this act.

27         Section 2.  Chapters 80-584, 84-515, 84-516, 86-445,

28  and 88-445, Laws of Florida, are codified, reenacted, amended,

29  and repealed as provided in this act.

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    Florida Senate - 2003        (NP)                      SB 2862
    13-410-03




 1         Section 3.  The Greater Seminole Area Special

 2  Recreation District is re-created, and the charter for the

 3  district is re-created and reenacted to read:

 4         Section 1.  All of the lands hereinafter described

 5  shall be part of an independent special recreational district,

 6  a public corporation, having the powers and duties herein set

 7  forth under the name of Greater Seminole Area Special

 8  Recreation District.  The land so to be incorporated being

 9  described as follows:

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11         All lands and territory lying within the

12         boundaries as set forth below:

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15         From a point at the intersection of the center

16         lines of County Road 595A, a/k/a 113th Street

17         N. and Duhme Road, and Florida 694, a/k/a

18         Walsingham Road, as a POB (point of beginning);

19         run westerly along said center line of Florida

20         694, a/k/a Walsingham Road, to the center line

21         of Boca Ciega Bay; thence run south and

22         southeasterly along a said center line of Boca

23         Ciega Bay to a point where, if extended, the

24         center line of 54th Avenue N. would intersect

25         with the center line of Boca Ciega Bay; thence

26         run easterly to a point where, if extended, the

27         center line of 54th Avenue N. would intersect

28         with the center line of Long Bayou; thence run

29         northwesterly and north along the center line

30         of Long Bayou and Lake Seminole to a point

31         where, if extended, the center line of 122nd

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    Florida Senate - 2003        (NP)                      SB 2862
    13-410-03




 1         Avenue North would intersect with the center

 2         line of Lake Seminole; thence westerly along

 3         the center line of 122nd Avenue North until its

 4         intersection with the center line of County

 5         Road 595A, a/k/a 113th Street North and Duhme

 6         Road; thence southerly along the center line of

 7         County Road 595A, a/k/a 113th Street North and

 8         Duhme Road, to the POB or the point where the

 9         center line of the County Road 595A, a/k/a

10         113th Street North and Duhme Road, intersects

11         with the center line of Florida 694, a/k/a

12         Walsingham Road, all in Pinellas County,

13         Florida.  However, any portion of the current

14         boundaries of the City of Largo are excluded.

15         Section 2.  The business and affairs of the district

16  shall be conducted and administered by a board of seven

17  commissioners who, upon their qualification, shall serve for a

18  period of 4 years.

19         Section 3.  Such seven commissioners shall serve for

20  terms of 4 years each and shall be appointed as follows:  five

21  commissioners shall be appointed by the Board of County

22  Commissioners of Pinellas County, two in 1988 and three in

23  1990 and every 4 years subsequent thereto, and two

24  commissioners shall be appointed by the City Council of the

25  City of Seminole, one in 1988 and one in 1990 and every 4

26  years subsequent thereto.  Any commissioner may be appointed

27  to succeed himself or herself.  All commissioners shall be

28  registered voters residing within the district and shall have

29  resided within the district for at least 1 year prior to

30  appointment.  If any commissioner shall cease to reside

31  anywhere within the district or fails to attend at least 50

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    Florida Senate - 2003        (NP)                      SB 2862
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 1  percent of the duly called commissioners meetings in any one

 2  fiscal year, his or her office shall be declared vacant and he

 3  or she shall be disqualified from further service.  The

 4  appropriate appointing entity shall within 60 days of such

 5  vacancy appoint a successor to fill any unexpired term in the

 6  office of any commissioner.

 7         Section 4.  The district, by and through its

 8  commissioners, may enter into a management contract with any

 9  association or organization whose programs are intended to

10  serve the recreational needs of the residents of the district.

11         Section 5.  Pursuant to referendum approval by the

12  voters of the district, the district had the right, power and

13  authority to levy ad valorem taxes not to exceed one-half mill

14  against the taxable real estate situated in the district. Such

15  levy was for 3 years only. Property taxes determined and

16  levied under this section were certified to the County

17  Property Appraiser and extended, assessed, and collected in

18  like manner as provided by law for regular property taxes for

19  the county and municipalities. The proceeds under this section

20  were remitted by the County Tax Collector to the Board of

21  Commissioners of the district for use in accomplishing the

22  purposes of this act.

23         Section 6.  The district may acquire, hold title to,

24  divest itself of, and lease real and personal property within,

25  adjacent to, or contiguous to the district.

26         Section 7.  The funds derived from the tax provided in

27  this act were used for the purchase of that parcel of real

28  property owned by the Board of Public Instruction of Pinellas

29  County, Florida, and leased by the Seminole Youth Athletic

30  Association or its successor and further described as Parcel

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    Florida Senate - 2003        (NP)                      SB 2862
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 1  No. 606, Pinellas Farms, located in the south 1/2, 21-30-15,

 2  Pinellas County, Florida, and further described as follows:

 3  

 4         The South 1/2 of the northeast 1/4 of southwest

 5         1/4 of Section 21, Township 30 South, Range 15

 6         East, less the east sixty (60) feet thereof

 7         conveyed to Tampa and Gulf Coast Railroad

 8         Company for railroad right-of-way, Pinellas

 9         County, Florida.

10         Section 8.  The proceeds of the tax and the funds of

11  the district shall be deposited in the name of the district in

12  a bank authorized to receive deposits of county funds, which

13  bank shall be designated by a resolution of the board of

14  commissioners.  The designation of the bank and deposit of

15  funds therein shall be by the exercise of due care and

16  diligence on the part of the board of commissioners for the

17  safekeeping of funds.  Funds of the district may be disbursed

18  only by check.  The board of commissioners, as mentioned in

19  this act, shall not have any power and authority to borrow

20  money for the purposes of the district.

21         Section 9.  All funds derived from the tax described

22  herein shall be used solely for the purchase of that parcel of

23  real estate described in Section 7, including any legal or

24  other expenses incident thereto. Surplus funds after the

25  purchase of such parcel of land may not be used for any

26  purposes other than the administration of the affairs and

27  business of the district, including the construction, care,

28  maintenance, upkeep and operation of any recreational land and

29  facilities as the board may determine to be in the best

30  interest of the district. The Board of Commissioners shall not

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    Florida Senate - 2003        (NP)                      SB 2862
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 1  influence the finances of any existing recreational

 2  organization or association.

 3         Section 10.  The board shall handle duties usually

 4  pertaining to, vested in, and encumbered upon like officers. A

 5  record shall be kept of all meetings of the board, and in such

 6  meetings the concurrence of a majority of the board members

 7  shall be necessary to any affirmative action by the board. The

 8  board may adopt such rules and regulations as it may deem

 9  necessary in and about the transaction of its business and in

10  carrying out the provisions of this act.

11         Section 11.  The special recreation district shall

12  exist until dissolved by law.

13         Section 12.  The word "district" means the special

14  recreation district hereby organized, and the words "board"

15  and "board of commissioners" mean the board of commissioners

16  of and for the special recreation district hereby created,

17  when used in this act, unless otherwise specified.

18         Section 13.  The provisions of this act shall be

19  liberally construed to effect the business of this act.

20         Section 4.  Chapters 80-584, 84-515, 84-516, 86-445,

21  and 88-445, Laws of Florida, are repealed.

22         Section 5.  This act shall be construed as remedial and

23  shall be liberally construed to promote the purpose for which

24  it is intended.

25         Section 6.  If any provision of this act or its

26  application to any person or circumstance is held invalid, the

27  invalidity does not affect other provisions or applications of

28  the act which can be given effect without the invalid

29  provision or application, and to this end the provisions of

30  this act are declared severable.

31  

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    Florida Senate - 2003        (NP)                      SB 2862
    13-410-03




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

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