HB 0445 2003
1	A bill to be entitled
2	An act relating to the Fort Myers Beach Public Library
3	District; codifying, amending, and reenacting special acts
4	relating to the district; providing membership, powers,
5	and duties of the governing board of the district;
6	providing for the levying of non ad-valorem assessments
7	and the issuance of bonds; providing for the collection of
8	taxes and assessments; providing construction; providing
9	severability; repealing chapters 65-1823, 75-418, 79-489,
10	79-491, 81-414, 85-441, and 91-404, Laws of Florida;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Pursuant to section 189.429, Florida Statutes,
16	this act constitutes the codification of all special acts
17	relating to the Fort Myers Beach Public Library District. It is
18	the intent of the Legislature in enacting this law to provide a
19	single, comprehensive special act charter for the district,
20	including all current legislative authority granted to the
21	district by its several legislative enactments and any
22	additional authority granted by this act.
23	Section 2. Chapters 65-1823, 75-418, 79-489, 79-491, 81-
24	414, 85-441, and 91-404, Laws of Florida, are codified,
25	reenacted, amended, and repealed as herein provided.
26	Section 3. The charter for the Fort Myers Beach Public
27	Library District is re-created and reenacted to read:
28	Section 1. Creation.--There is hereby made, created, and
29	established the Fort Myers Beach Public Library District, an
30	independent special district, hereinafter referred to as “the
31	District,” through the codification and reenactment of the
32	District’s several legislative enactments, which shall include
33	the following described land:
34
35	All that part of Lee County that is located and
36	situated within San Carlos Island; Estero Island;
37	the easterly one-half (1/2) of Section 13, Township
38	46 South, Range 23 East; Section 18, Township 46
39	South, Range 24 East; and Section 7, Township 46
40	South, Range 24 East, except that part which is
41	located and situated North of the old railroad
42	grade.
43
44	Section 2. Governing body.--The District shall be
45	governed by a board which shall consist of seven qualified
46	residents. Candidates shall be required to open
47	depositories and appoint treasurers prior to accepting any
48	contributions or expending any funds, provided that where a
49	candidate accepts no contributions and does no advertising
50	and the only expenditure is the filing fee or the fee
51	required for checking signatures, the candidate shall not
52	be required to open a depository or appoint a treasurer.
53	All members of the governing board of the District shall
54	serve for a term of 4 years. Nothing herein shall affect
55	the current term of office or require the early expiration
56	of the current term of office of any current member of the
57	governing board of the District. Each elected member of the
58	governing board shall assume office immediately upon his or
59	her election. Members of the governing board of the
60	District shall receive no compensation. Vacancies on the
61	governing board of the District shall be filled by the
62	Governor for the remainder of the term, and copies of all
63	resignations or vacancies and appointments shall be sent to
64	the Supervisor of Elections. All District elections shall
65	be on the first Tuesday after the first Monday in November
66	of even-numbered years. The registered voters residing
67	within the District shall be permitted to vote. Costs of
68	any election shall be borne by the District. All elections
69	shall be called by resolution of the governing board of the
70	District. Election results shall be determined by a
71	plurality of the votes cast. Candidates shall qualify from
72	noon of the 63rd day through noon of the 49th day prior to
73	the election. The methods of qualifying shall be uniform
74	pursuant to Florida law, especially chapter 99, Florida
75	Statutes, and section 189.405, Florida Statutes, as said
76	laws may be amended from time to time. The District may
77	provide for the conduct of District elections by the
78	Supervisor of Elections for Lee County, Florida, or as
79	otherwise described by Florida law, specifically section
80	189.405, Florida Statutes, as said laws may be amended from
81	time to time.
82	Section 3. Officers; meetings; powers.--Within 10
83	days after the election of the members of the governing
84	board, the members shall meet and elect from their
85	membership a president, vice-president, secretary,
86	corresponding secretary, and treasurer; however, the same
87	member may be both secretary and treasurer. The treasurer
88	of the governing board, when entering upon his or her
89	duties, shall give a sufficient bond to the Governor in the
90	sum of $3,000 for the faithful performance of his or her
91	duties as treasurer, the premium for the bond to be paid by
92	the District. The treasurer shall make a report at each
93	regular meeting of the governing board. Warrants for the
94	payment of labor, equipment, property, or other expenses of
95	the governing board, and in carrying into effect this act
96	and its purposes, shall be payable by the treasurer of the
97	governing board on accounts and vouchers in the manner
98	approved by the governing board. The governing board shall
99	meet regularly at times designated by the governing board
100	for the purpose of carrying out the business of the
101	District. Meetings of the members of the governing board of
102	the District shall be noticed and regulated as provided by
103	chapters 189 and 286, Florida Statutes, or any other
104	applicable general law, as said laws may be amended from
105	time to time. The governing board shall meet each year and
106	prepare a budget of proposed expenditures for the ensuing
107	year and fix a millage rate for the ensuing year in
108	accordance with the provisions of section 200.065, Florida
109	Statutes, as said law may be amended from time to time. The
110	budget shall be limited to a sum which can be raised by the
111	imposition of a tax not to exceed 1 mill on the real and
112	tangible personal property within the District, and the use
113	thereof shall be limited to library purposes within the
114	District. The District shall have and the governing board
115	may exercise the general powers and special powers
116	prescribed herein and by general law, as said laws may be
117	amended from time to time. In particular, the governing
118	board is authorized to buy, own, lease, and maintain
119	library facilities, equipment, books, and supplies; to
120	acquire, by purchase, lease, gift, dedication, devise, or
121	otherwise, property both real and personal, and any other
122	property as the governing board may deem necessary or
123	proper in order to provide the residents within the
124	District with the most complete library facilities as
125	finances may permit; to make and execute contracts and
126	other instruments necessary or convenient to exercise and
127	carry out the powers of the District, including contracting
128	for the services of consultants; to issue bonds; to borrow
129	money, accept gifts, and apply for and use grants or loans
130	of money or other property from any government agency or
131	person for any District purposes and to enter into
132	agreements required in connection therewith, and to hold,
133	use, sell, and dispose of such moneys or property for any
134	District purpose in accordance with the terms of the gift,
135	grant, loan, or agreement relating thereto; to adopt
136	procedures, ordinances, or resolutions necessary to conduct
137	District business and to satisfy the requirements of the
138	District, including those requirements prescribed in
139	chapter 189, Florida Statutes; to invest and reinvest any
140	surplus public funds as provided in chapter 218, Florida
141	Statutes; and to negotiate and contract with any library
142	facility within the District that has been in existence for
143	at least 5 years on the date that this act becomes law and
144	which has been determined by the Internal Revenue Service
145	of the United States Treasury Department to be tax-exempt
146	under the laws of the United States for the purpose of
147	allocating funds to the library facility or property in
148	kind, either real or personal, and in furtherance of
149	providing facilities for the residents within the District.
150	Section 4. Taxes; non-ad valorem assessments; bond
151	issuance.--The District governing board shall fix and cause
152	to be levied on all property of the District a millage
153	sufficient to meet the requirements of the adopted budget;
154	however, 1 mill is the maximum that can be levied in any
155	one year, except as may be provided in any applicable
156	general law, as said laws may be amended from time to time.
157	The District shall have such authority to levy non-ad
158	valorem assessments as prescribed in chapter 189, Florida
159	Statutes, and any other applicable general law, as said
160	laws may be amended from time to time. The District shall
161	have such authority to issue bonds as prescribed in chapter
162	189, Florida Statutes, and any other applicable general
163	law, as said laws may be amended from time to time, for
164	District purposes. The taxes received by the District
165	herein shall be limited for library purposes within the
166	District, and upon assessment having been made, the
167	assessment shall be in substitution and shall supercede,
168	within the District, any other taxes, whether special or
169	included within the general fund, which the Board of County
170	Commissioners of Lee County may levy or attempt to levy
171	within this District for library purposes.
172	Section 5. Assessment and collection of taxes and
173	assessments.--Taxes and assessments herein provided for
174	shall be assessed and collected in the manner prescribed by
175	applicable general law, as said laws may be amended from
176	time to time. In particular, the taxes provided for herein
177	shall be assessed and collected in the same manner and form
178	as provided for the assessment and collection of county
179	taxes and subject to a 3-percent commission for assessing
180	and a 3-percent commission for collecting same. The tax
181	collector shall distribute taxes collected on behalf of the
182	District pursuant to general law, as said laws may be
183	amended from time to time.
184	Section 4. This act shall be construed as remedial
185	and shall be liberally construed to promote the purpose for
186	which it is intended.
187	Section 5. If any clause or provision of this act is
188	declared as unconstitutional or invalid for any cause or
189	reason, it shall be eliminated from this act, and the
190	remaining portion of this act shall remain in full force
191	and effect as if said unconstitutional or invalid portion
192	had not been incorporated herein.
193	Section 6. Chapters 65-1823, 75-418, 79-489, 79-491,
194	81-414, 85-441, and 91-404, Laws of Florida, are repealed.
195	Section 7. This act shall take effect upon becoming a law.