Senate Bill sb2934

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    Florida Senate - 2003        (NP)                      SB 2934

    By Senator Posey





    24-1141-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to Indian River and Brevard

  3         Counties; codifying, amending, and reenacting

  4         special acts relating to the Sebastian Inlet

  5         Tax District; providing for a governing body;

  6         providing powers and duties; providing for

  7         construction and maintenance of an inlet

  8         between the Indian River and the Atlantic

  9         Ocean; authorizing the levy of taxes; providing

10         severability; providing applicability;

11         repealing chapters 7976 (1919), 8901 (1921),

12         12259 (1927), 18138 (1937), 18139 (1937), 22891

13         (1945), 63-910, 76-329, 78-470, 82-307, and

14         88-535, Laws of Florida; providing an effective

15         date.

16  

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

18  

19         Section 1.  Pursuant to section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Sebastian Inlet Tax District, also known

22  as the Sebastian Inlet District. It is the intent of the

23  Legislature in enacting this law to provide a single,

24  comprehensive special act charter for the district, including

25  all current legislative authority granted to the district by

26  its several legislative enactments and any additional

27  authority granted by this act.

28         Section 2.  Chapters 7976 (1919), 8901 (1921), 12259

29  (1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910,

30  76-329, 78-470, 82-307, and 88-535, Laws of Florida, are

31  codified, reenacted, amended, and repealed as herein provided.

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1         Section 3.  The Sebastian Inlet Tax District is

 2  reenacted, and the charter for the district is re-created and

 3  reenacted to read:

 4         Section 1.  A special taxing district is hereby created

 5  to be known as the Sebastian Inlet Tax District, to consist so

 6  much of Brevard and Indian River Counties, Florida as is

 7  described and embraced in the following boundaries, to-wit:

 8  

 9         All of the Third Commissioner's District of

10         Brevard County and that part of the Fourth

11         Commissioner's district of Brevard County,

12         Florida, bounded on the north by the township

13         line between Township Twenty-five (25), and

14         Township Twenty-six (26) and all of that part

15         of Indian River County, Florida, which

16         comprised and made up the First Commissioner's

17         District of Saint Lucie County, Florida, as

18         located and established upon the passage of

19         Chapter 7976, Laws of Florida, Special Acts of

20         1919 aforesaid.

21  

22         Section 2.  A governing body of said Sebastian Inlet

23  Tax District, to be known and designated as the "Board of

24  Commissioners of Sebastian Inlet Tax District," shall be

25  composed of five members, who shall have been and shall be

26  elected as provided by law. Said governing body shall have all

27  the powers of a body corporate, including the power to sue and

28  be sued as a corporation in said name in any court; to

29  contract; to adopt and use a common seal and alter the same at

30  pleasure; to purchase or otherwise acquire, own, hold, lease,

31  sell, mortgage, and convey or otherwise dispose of such real

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  estate and personal property as said Board may deem proper to

 2  carry out the purposes of this act; to appoint during its

 3  pleasure a Chief Engineer, a Consulting Engineer, and such

 4  agents and employees as said Board may require or deem

 5  advisable; and to borrow money and to issue negotiable

 6  promissory notes or bonds therefor to enable it to carry out

 7  the provisions of this act.

 8         Section 3.  (a)  Members of the Board shall be elected

 9  at the general election held in November of each even-numbered

10  year. The terms of office of such Board members shall be for 4

11  years and until their successors are duly elected and

12  qualified. Each member shall be a qualified elector and

13  resident within the District; however, three members, or a

14  majority, of the Board shall reside in the county within the

15  District' s boundaries with the larger population. Two members

16  shall reside in the other county. All candidates for office

17  shall stand for election in all precincts of the District.

18         1.  The terms of the Board members shall be staggered,

19  with three Board members standing for election in one general

20  election for a 4-year term, and two Board members shall be

21  elected 2 years later at the general election for a 4-year

22  term.

23         2.  Newly elected Board members shall take office at

24  the next regularly scheduled meeting of the Board, or, if that

25  meeting is not planned within 30 days after the election, then

26  a special meeting shall be called for the purpose of seating

27  the new members of the Board and providing them with an

28  orientation.

29         (b)  Board members shall be elected on a nonpartisan

30  basis by a majority of the qualified electors of the District

31  

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  voting at the election to be held in both Indian River and

 2  Brevard Counties as follows:

 3         1.  Any candidate for membership on the Board shall

 4  qualify as provided by law.  The ballots shall be in the form

 5  for general elections as provided by law.

 6         2.  The election officials of each voting district or

 7  precinct within the Sebastian Inlet Tax District shall conduct

 8  the election of the members of the Board of Commissioners of

 9  the District at the time of conducting such general election.

10  Each voter who is qualified to vote in each such general

11  election in the respective election districts or precincts

12  situated within the boundaries of the Sebastian Inlet Tax

13  District and who resides within the boundaries of such

14  District shall be entitled to cast a ballot for the election

15  of members of the Board of Commissioners of said Sebastian

16  Inlet Tax District.

17         3.  Upon the closing of the polls in each election

18  district or precinct, the officials conducting such elections

19  shall tally the votes cast for members of the Board of

20  Commissioners of the Sebastian Inlet Tax District. The vote

21  shall be canvassed in the manner provided by general law.

22         (c)  Before he or she assumes office, each Board member

23  shall be required to give to the Sebastian Inlet Tax District

24  a good and sufficient surety bond in the sum of $2,000

25  conditioned for the faithful performance of the duties of his

26  or her office and said bond to be approved by and filed with

27  the Clerk of the Circuit Court of Brevard County. Said bond

28  shall be recorded in the minutes of said Board of

29  Commissioners of said Sebastian Inlet Tax District. The

30  failure of any person so elected as a member of the Board of

31  Commissioners of the Sebastian Inlet Tax District to give such

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  bond within 30 days after his or her election as such shall

 2  create a vacancy as to such Board member. In such event or in

 3  the event of any vacancy on said Board of Commissioners of the

 4  Sebastian Inlet Tax District, whether by resignation, death,

 5  removal from the District, or otherwise, within 30 days after

 6  the existence of such vacancy, the Governor of the State of

 7  Florida shall appoint a Board member as provided by law to

 8  fill such vacancy, who shall serve for the remainder of such

 9  expired term and who shall give bond as hereinbefore provided.

10         (d)  All meetings shall be open to the public. The

11  Board shall conduct all meetings in accordance with chapter

12  286, Florida Statutes. In addition, notice of the meetings

13  shall be sent to the news media at least 7 days in advance,

14  stating the time, date, location, and purpose of the meeting.

15  A majority of the members may convene in special session when

16  called by a majority of the members or the chair. Actions

17  taken at special meetings shall have the same force and effect

18  as if taken at a regular meeting. Two days' written notice of

19  the time and purpose of a special meeting shall be given to

20  all members and the news media. The minutes of the meeting

21  shall set forth the facts regarding the procedure in calling

22  the meeting and the reason therefor and shall be signed either

23  by the chair or by a majority of the members. Upon due public

24  notice, regular or special meetings of the Board shall be held

25  at any appropriate public place in the District which is

26  readily accessible to the general public; however, at least 50

27  percent of the number of meetings of the Board held each year

28  shall be held in Indian River County.

29         (e)  All bookkeeping and accounting of the District

30  shall meet the requirements imposed by law for special

31  districts.

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1         (f)  All purchasing and bidding shall be in accordance

 2  with the procedures used by the Brevard County Board of

 3  Commissioners.

 4         Section 4.  As soon as practicable after this act

 5  becomes a law, the Board holding over or after they have been

 6  duly elected or appointed and have qualified, they shall meet

 7  and organized by the election, from among their number, of a

 8  chair, a vice-chair, a secretary/treasurer. Three members of

 9  the Board shall constitute a quorum. The affirmative vote of

10  two members shall be necessary to transact business. The chair

11  and all members of the said Board present shall vote at

12  meetings of the Board as provided by law.

13         Section 5.  The members of the Board shall each receive

14  the sum of $3,600 per year commencing October 1, 2003. The

15  salary shall be paid in monthly installments as compensation

16  for serving on the Board, but Board members shall not be

17  reimbursed for any travel expenses inside the boundaries of

18  the District.  The members of the Board shall be reimbursed

19  for per diem and travel expenses outside the boundaries of the

20  District in accordance with the law.

21  

22  The members of the Board shall set their own compensation for

23  each fiscal year commencing October 1, 2004, provided the

24  Board shall not increase its members' compensation for any

25  fiscal year by a percentage greater than the percentage the

26  Consumer Price Index for Urban Wage Earners and Clerical

27  Workers (CPI-W) increased from the date of the commencement of

28  the fiscal year when the Board members last received an

29  increase in their compensation. In the event the U.S.

30  Department of Labor no longer publishes the Consumer Price

31  

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  Index, the Board must use a similar published standard to set

 2  any increase in its compensation.

 3         Section 6.  It shall be the duty of said Board of

 4  Commissioners of Sebastian Inlet Tax District to construct,

 5  improve, widen or deepen, and maintain the inlet between the

 6  Indian River and the Atlantic Ocean. With character, manner of

 7  construction of said inlet shall be determined by said Board

 8  of Commissioners with the approval and recommendation of the

 9  Chief Engineer, and said Board is further authorized to do all

10  acts and things proper, necessary, or convenient for the

11  aforesaid purposes. The opening and maintenance of such inlet

12  or waterway connecting the waters of the Atlantic Ocean with

13  the waters of the Indian River within the Sebastian Inlet Tax

14  District are hereby found and declared to be for public

15  purposes and to be necessary for the use of shipping and for

16  transportation and for the extension of commerce of the State

17  of Florida and of said District, and also to be necessary for

18  the maintenance of the health of the inhabitants of the

19  territory embraced in the said District and for the

20  convenience, comfort, and welfare of the said District and the

21  inhabitants thereof. The District is authorized to conduct

22  such programs and projects as it finds necessary or convenient

23  for beach renourishment, erosion control, environmental

24  protection, navigation, boating, recreation, and public safety

25  for the operation and maintenance of the inlet and the waters

26  of the Atlantic Ocean and Indian River Lagoon adjacent

27  thereto.

28         Section 7.  The Board shall elect a Chief Engineer. The

29  depth, width, character, and manner of improvement and

30  construction of said inlet or waterway shall be determined by

31  said Board upon the approval and recommendation of the Chief

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  Engineer of the Board.  The Board, in setting the depth of the

 2  inlet, shall consider the impact on navigation from the

 3  Intracoastal Waterway to the Atlantic Ocean.

 4         Section 8.  The said Board shall have the power and

 5  authority to hold, control, and acquire by gift or purchase,

 6  for the use of the District, any real or personal property and

 7  to condemn any lands or easements needed for the purposes of

 8  the District. Said Board is authorized to exercise the right

 9  of eminent domain and institute and maintain condemnation

10  proceedings as prescribed by the laws of Florida.

11         Section 9.  The Board of Commissioners of Sebastian

12  Inlet Tax District is hereby authorized and empowered to levy

13  upon all of the real and personal taxable property in said

14  District a special tax not exceeding 1 1/2 mills on the dollar

15  for the year 1977, and for each and every year thereafter, to

16  be used solely for the purpose authorized and prescribed by

17  this act. Said levy shall be made each year, not later than

18  September 30 of each year by resolution of the Board, or a

19  majority thereof, duly entered at large upon its minutes.

20  Certified copies of such resolution executed in the name of

21  the Board by its chair and secretary and under its corporate

22  seal shall be made and delivered to the Board of County

23  Commissioners of Indian River County, to the Board of County

24  Commissioners of Brevard County, and to the Chief Financial

25  Officer of the State of Florida not later than September 30 of

26  each and every year thereafter. It shall be the duty of the

27  Board of County Commissioners of Indian River County and the

28  Board of County Commissioners of Brevard County to order the

29  assessment and collection of taxes levied by the Board of

30  Commissioners of the District within the respective counties

31  in the manner provided by law for regular property taxes in

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  the county. Proceeds of such taxes shall be paid within the

 2  time and in the manner prescribed by law to the treasurer of

 3  the Board.  All such taxes shall be held by the treasurer for

 4  the credit of the Board and paid out by him or her as provided

 5  herein.

 6         Section 10.  Said Board is hereby authorized and

 7  empowered, in order to provide for the work prescribed by this

 8  act and to pay the expenses incident to all such work or any

 9  other expense necessary in carrying out the general purposes

10  of this act, to borrow money, temporarily, from time to time

11  for a period of time not exceeding 2 years at any one time,

12  and to issue its promissory notes therefor upon such terms and

13  at such rates of interest as said Board may deem advisable.

14  Any note so made and issued may be paid out of the proceeds of

15  the bonds authorized to be issued by this act or out of any

16  other revenues or funds of said Board, and said notes shall be

17  a charge upon all of the revenue and property of said Board.

18  In case of an injury by storm or otherwise to any of the works

19  of this District, thereby causing an emergency which must be

20  met at once in order to protect or reconstruct such works,

21  said Board is authorized to borrow money under the terms

22  prescribed above in order to meet such emergency.

23         Section 11.  All work done under the provisions of this

24  act, both in construction and maintenance, shall be carried on

25  under the supervision of a competent Chief Engineer to be

26  employed by said Board, and no money shall be paid out for any

27  such work to any contractor or subcontractor until such work

28  has been inspected and approved by the Board's Chief Engineer.

29         Section 12.  It shall be the duty of the Board of

30  Commissioners of Sebastian Inlet Tax District to use every

31  reasonable means to maintain, protect, and preserve any and

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  all of the works constructed by said Board, and for such

 2  purposes the said Board is authorized to use funds derived

 3  from taxes assessed and collected for Sebastian Inlet Tax

 4  District.

 5         Section 13.  Whoever shall willfully damage any ditch,

 6  canal, levee, inlet, waterway, jetty, or other work

 7  established or constructed under this act or who shall fill in

 8  or obstruct the flow of water in any inlet, canal, or

 9  waterway, or remove any earth, stone, or other material from

10  the banks of any canal, inlet, waterway, revetment, or ditch

11  without having first obtained permission in writing from said

12  Board to remove such material, shall be deemed guilty of a

13  misdemeanor, and upon conviction thereof, shall be fined not

14  exceeding $1,000 or imprisoned in the county jail not longer

15  than 6 months, or both such fine and imprisonment, in the

16  discretion of the Court.

17         Section 14.  Any clause or section of this act which

18  for any reason may be declared invalid may be eliminated from

19  this act, and the remaining portion or portions shall be and

20  remain in full force and valid as if such invalid clause or

21  section had not been incorporated therein.

22         Section 15.  The Chief Engineer, any Consulting

23  Engineer, and any agent or employee of the Board of

24  Commissioners or District may be removed at any time by the

25  Board.

26         Section 16.  All work performed and materials furnished

27  for the construction of said inlet and for the maintenance of

28  said inlet shall be let by contract in accordance with the

29  general laws of the State of Florida governing acquisition of

30  professional engineering services, the purchase of

31  commodities, and the construction and maintenance of public

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  works. The Board shall have the right to reject any and all

 2  bids. Each contractor shall be required to give a surety bond

 3  in form and amount to be approved by the Board, with a

 4  responsible surety company thereon as surety. The Board,

 5  however, as a public authority, is authorized to exempt any

 6  person entering into a contract with the District for the

 7  construction of any buildings or public works, or for the

 8  repair of any buildings or public works, from the requirements

 9  for payment, performance, and surety bonds in the manner and

10  the amounts which are authorized by law for other public

11  authorities to exempt their contractors from bond

12  requirements.

13  

14  In the event of an emergency, the Board of Commissioners of

15  Sebastian Inlet Tax District is authorized to spend a sum not

16  to exceed $15,000, utilizing the following procedure:

17         (a)  The Board shall obtain at least three telephone

18  bid offers to perform such work or furnish such property from

19  at least three independent persons or business entities

20  responsible in the subject business endeavor under

21  consideration; and

22         (b)  The Board shall make a record of the

23  offers.  After obtaining and recording such offers, the Board,

24  with at least three of five members concurring, shall award

25  the contract to the lowest responsible bidder of those

26  solicited.  The Board shall then notify all local news media

27  which commonly cover the area within the District of the type

28  and nature of the emergency and what actions the Board has

29  taken to rectify the emergency.

30         Section 17.  The Board is authorized to vacate any

31  easement or transfer fee simple interest in any real property

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    Florida Senate - 2003        (NP)                      SB 2934
    24-1141-03                                              See HB




 1  which it holds to any unit of local, state, or federal

 2  government. Prior to such vacation or transfer, the Board

 3  shall conduct a public hearing and determine if it is in the

 4  public interest to authorize the vacation or transfer. At such

 5  hearing, the Board shall consider what effect, if any, the

 6  vacation or transfer shall have on public access to the inlet

 7  for fishing and recreation purposes and what action best

 8  serves the public health, safety, and welfare.

 9         Section 4.  Except as otherwise provided in this act,

10  in the event of a conflict of any provision of this act with

11  provisions of any other act, the provisions of this act shall

12  control to the extent of the conflict.

13         Section 5.  Chapters 7976 (1919), 8901 (1921), 12259

14  (1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910,

15  76-329, 78-470, 82-307, and 88-535, Laws of Florida, are

16  repealed.

17         Section 6.  This act shall take effect upon becoming a

18  law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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