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35	reenacted, amended, and repealed as herein provided.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