HB 1381

1
A bill to be entitled
2An act relating to Lee County; creating the Sanibel Public
3Library District, an independent special district for
4public library purposes in the county; providing
5legislative intent; providing a charter for the district;
6fixing boundaries of the district; providing powers;
7providing for a governing body, officers, budget and
8taxing authority, and indebtedness; providing for
9planning; providing for construction and severability;
10providing for a referendum; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  District establishment.--For the purposes of
15providing public library services; the assessment, levy, and
16collection of ad valorem taxes and user fees; the operation of
17district facilities and services; and all other purposes stated
18in this act consistent with chapter 189, Florida Statutes, and
19other applicable general law, an independent special district is
20hereby created and established in Lee County, to be known as the
21Sanibel Public Library District.
22     Section 2.  Name.--The name of the district shall be the
23Sanibel Public Library District.
24     Section 3.  Boundaries.--
25     (1)  The boundaries of the lands to be included within the
26district are those that are coterminous with the boundaries of
27the City of Sanibel, Lee County, as such city's boundaries are
28set forth in chapter 74-606, Laws of Florida, as amended by
29chapter 89-402, Laws of Florida.
30     (2)  The boundaries of the district may be modified,
31extended, or enlarged upon approval or ratification by the
32Legislature.
33     Section 4.  Powers.--The district shall have, and the board
34may exercise by majority vote, all powers that an independent
35special district is authorized by law to have, specifically
36including, without limitation, all powers set forth in chapter
37189, Florida Statutes, and in chapter 257, Florida Statutes, to
38the extent applicable. Without limiting any general or special
39powers otherwise granted by law, the district shall have the
40power to establish and maintain one or more public library
41facilities and to provide all services as are customary for
42public libraries to provide; to sue and be sued; to enter into
43agreements or compacts; to impose ad valorem taxes and user
44fees; to lease or purchase real and personal property; to borrow
45money and to issue bonds, notes, and evidence of indebtedness;
46to apply for and receive grants; to accept donations; and to
47employ such personnel and engage services of such persons as are
48deemed necessary for the proper function and operation of the
49district.
50     Section 5.  Governing body; elections; vacancies; no
51compensation; oath; bond.--
52     (1)  The district shall be governed by a board of seven
53commissioners who shall be qualified electors residing within
54the district, be elected by the qualified electors residing
55within the district, and serve terms of 4 years each or until a
56successor takes office. Terms shall be staggered, with three
57commissioners elected in one election cycle and four
58commissioners elected in the other election cycle. In the
59initial election, to be conducted by the Lee County Supervisor
60of Elections within 120 days after approval of the referendum in
61section 12, the three commissioners receiving the highest number
62of votes shall be elected to the initial 4-year terms ending in
632010 and the other four commissioners elected shall be elected
64to the initial 2-year terms ending in 2008. Candidates shall
65qualify in accordance with chapter 189, Florida Statutes, and
66with the Florida Election Code. Terms shall commence on the 7th
67day after the election.
68     (2)  Elections shall be on the first Tuesday after the
69first Monday in November unless otherwise required by law or by
70action of the Lee County Supervisor of Elections pursuant to
71law.
72     (3)  Elections shall be on a nonpartisan basis.
73     (4)  If a vacancy occurs on the board for any reason, the
74remaining commissioners may appoint a qualified person to fill
75the seat until the next general election, at which time an
76election shall be held to fill the vacancy for the remaining
77term, if any.
78     (5)  Commissioners shall continue to serve without
79compensation, but shall be entitled to payment or reimbursement
80of actual and necessary expenses incurred in performance of
81their duties, to the extent authorized by board bylaws. Any
82future provision for payment of any salary or honorarium shall
83be determined in accordance with and subject to limitations set
84forth in general law.
85     (6)  Each commissioner shall, upon assuming office, take
86and subscribe to the oath of office prescribed by s. 5(b), Art.
87II of the State Constitution and section 876.05, Florida
88Statutes.
89     (7)  Each commissioner, within 30 days after assuming
90office, must give the Governor a good and sufficient surety bond
91in the sum of $5,000, and the treasurer the sum of $10,000, or
92as otherwise may be required by law, the cost thereof being
93borne by the district, conditioned on his or her faithful
94performance of his or her duties of office.
95     Section 6.  Officers; bylaws; removal; disbursements;
96records; open meetings; quorum.--
97     (1)  The commissioners, within 14 days after election, and
98annually in the same month, shall organize by electing from
99their number a chair, a vice chair, a secretary, and a
100treasurer. The same commissioner may be both secretary and
101treasurer. The board shall adopt bylaws to provide policies and
102procedures for conducting its business and exercising its powers
103granted herein. The bylaws shall define excused and unexcused
104absences. The board shall remove any commissioner who has three
105consecutive, unexcused absences from regularly scheduled
106meetings.
107     (2)  Funds of the district may be disbursed only upon the
108order or pursuant to resolution or action of the board or by
109warrant or check signed by the treasurer or other person or
110persons authorized by the board. However, a petty cash account
111may be authorized by the board. The board may give the treasurer
112additional powers and duties that it deems appropriate.
113     (3)  The board, through its secretary, shall keep a
114permanent record book entitled "Record of Proceedings of Sanibel
115Public Library District" in which the minutes of all meetings,
116resolutions, proceedings, certificates, bonds given by
117commissioners, and corporate acts shall be recorded. The record
118book shall be open to inspection in the same manner as state,
119county, and municipal records are open under chapter 119,
120Florida Statutes. The record book shall be kept at the office or
121other regular place of business maintained by the board within
122the district. All meetings of the board shall be open to the
123public as may be required by chapters 189 and 286, Florida
124Statutes, and other applicable general law.
125     (4)  Unless otherwise required by law, a majority of
126commissioners in office shall constitute a quorum for the
127conduct of business. Action may be taken only by a majority vote
128of a quorum present.
129     Section 7.  Fiscal year; budget; millage; taxes; fees.--The
130fiscal year begins on October 1 of each year and extends until
131September 30 of the ensuing year.
132     (1)  The board shall annually prepare, consider, and adopt
133a district budget pursuant to the applicable requirements of
134chapter 200, Florida Statutes, for purposes of providing funds
135for the district.
136     (2)  The board shall fix and cause to be levied on all
137taxable property of the district a millage sufficient to meet
138the requirements of the budget. The millage rate shall not
139exceed one-half of one mill per year, except as otherwise
140provided by general law. All taxes shall be levied, assessed,
141and collected in the same manner as county taxes.
142     (3)  The board may, by resolution of the board, fix and
143collect rates, fees, rentals, fares, or other user fees for
144property, facilities, and services made available, furnished, or
145to be furnished by the district.
146     (4)  It is the intent of the Legislature that during the
147first fiscal year of operation and until the district is able to
148adopt its own millage and budget, funding shall continue to be
149provided through the library's current funding mechanisms.
150Additionally, without limiting its general powers, the district
151shall have full power to borrow money and to accept property or
152funds necessary for the operation of the district until such
153time as the district is able to adopt its own millage and budget
154and to raise its own revenues.
155     Section 8.  Indebtedness; use of funds.--
156     (1)  The district may incur debt and issue bonds or any
157other evidences of indebtedness as provided and to the extent
158limited by s. 12, Art. VII of the State Constitution and chapter
159189, Florida Statutes.
160     (2)  Funds of the district may be used for any purpose of
161the district in accordance with this charter and with provisions
162of any other applicable general laws and special acts.
163     (3)  The district is specifically authorized to expend
164funds to purchase, lease, own, and maintain one or more public
165libraries within the district's jurisdiction; to construct one
166or more public library facilities as the board deems necessary
167in the exercise of its powers; and to dispose of surplus real or
168personal property and to enter into interlocal agreements or
169other arrangements to assist in achievement of the powers and
170purposes of the district.
171     Section 9.  Plan.--The district shall adopt a 5-year plan
172to identify the facilities, equipment, personnel, and revenue
173needed by the district over the next 5-year period. The plan
174shall be updated in accordance with section 189.415, Florida
175Statutes, and such plan satisfies the requirement for a public
176facilities report required by section 189.415(2), Florida
177Statutes.
178     Section 10.  This act shall be construed as remedial and
179shall be liberally construed to promote the purpose for which
180it is intended.
181     Section 11.  It is declared to be the intent of the
182Legislature that if any section, subsection, sentence, clause,
183phrase, or portion of this act is held invalid or
184unconstitutional for any reason, by any court of competent
185jurisdiction, such holding shall not affect the validity of the
186remaining portions hereof.
187     Section 12.  Referendum.--On or before December 1, 2005,
188the Lee County Commission shall call and the Supervisor of
189Elections of Lee County shall conduct a referendum, in
190accordance with the provisions of law relating to elections
191currently in force, on the question of whether the Sanibel
192Public Library District shall be created by special act of the
193Legislature with authority to impose an ad valorem tax at a
194rate not to exceed one-half of one mill.
195     Section 13.  This act shall take effect only if a majority
196of those qualified electors of the Sanibel Public Library
197District voting in a referendum held pursuant to this act
198approve the referendum question in accordance with section 12,
199except that this section and section 12 shall take effect upon
200becoming a law.


CODING: Words stricken are deletions; words underlined are additions.