Senate Bill sb2666

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (NP)                      SB 2666

    By Senator Fasano





    11-1126-05                                         See HB 1153

  1                      A bill to be entitled

  2         An act relating to Pasco County Mosquito

  3         Control District, Pasco County; ratifying and

  4         confirming the creation of Pasco County

  5         Mosquito Control District pursuant to chapter

  6         390, Florida Statutes (1951), as an independent

  7         mosquito control district; providing for a

  8         special act charter for the district pursuant

  9         to section 189.429, Florida Statutes; providing

10         legislative intent; providing for applicability

11         of chapters 388 and 189, Florida Statutes, and

12         other general laws; providing for district

13         boundaries; providing for officers, powers,

14         rules, and a district budget; providing for

15         liability and group insurance; providing

16         construction; providing for severability;

17         repealing chapter 71-839, Laws of Florida,

18         relating to salary of board members; providing

19         an effective date.

20  

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

22  

23         Section 1.  Creation and intent.--Upon this act

24  becoming law, the creation of Pasco County Mosquito Control

25  District, formerly West Pasco County Mosquito Control

26  District, as an independent special district pursuant to

27  chapter 390, Florida Statutes (1951), shall be ratified and

28  confirmed. It is the intent of the Legislature in enacting

29  this law to provide a single, codified, comprehensive special

30  act charter for the district in accordance with section

31  189.429, Florida Statutes. The district shall operate as an

                                  1

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1  independent special district pursuant to this special act and

 2  the provisions of chapter 388, Florida Statutes, and all other

 3  general law applicable to independent special districts. It is

 4  the intent of this act to preserve all existing district

 5  authority as it may be modified pursuant to the provisions of

 6  chapter 388, Florida Statutes, this act, and applicable

 7  general law.

 8         Section 2.  The charter for Pasco County Mosquito

 9  Control District is re-created and reenacted to read:

10         Section 1.  Minimum charter requirements.--In

11  accordance with section 189.404(3), Florida Statutes, the

12  following subsections shall comprise the minimum required

13  charter provisions for Pasco County Mosquito Control District:

14         (1)  The district is organized and exists for all

15  purposes set forth in this act and chapter 388, Florida

16  Statutes.

17         (2)  The powers, functions, and duties of the district

18  regarding ad valorem taxation, non-ad valorem assessments,

19  bond issuance, other revenue-raising capabilities, budget

20  preparation and approval, liens, foreclosure of liens, use of

21  tax deeds and tax certificates, and contractual agreements

22  shall be as set forth in chapters 170, 189, 197, 200, and 388,

23  Florida Statutes, this act, or any other applicable general or

24  special law.

25         (3)  The district was created by the petition process

26  formerly provided for in chapter 390, Florida Statutes (1951),

27  and now continued in chapter 388, Florida Statutes.

28         (4)  The district's charter may be amended only by

29  special act of the Legislature, unless otherwise provided by

30  chapter 189 or chapter 388, Florida Statutes.

31  

                                  2

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1         (5)  In accordance with section 388.101(1), Florida

 2  Statutes, the district is governed by a three-member board. By

 3  resolution dated March 8, 1993, the board elected to stagger

 4  the members' terms of office pursuant to section 388.101(3),

 5  Florida Statutes. Therefore, upon this act becoming law, one

 6  board member shall be elected in the 2006 general election and

 7  two board members in the 2008 general election. Thereafter,

 8  each election shall be for a term of 4 years. The membership

 9  and organization of the board shall be as set forth in this

10  act and chapter 388, Florida Statutes.

11         (6)  Board members may be paid a salary in accordance

12  with this act and chapter 388, Florida Statutes. Pursuant to

13  section 112.08, Florida Statutes, board members may receive

14  benefits, such as medical insurance or accidental death and

15  dismemberment insurance, in addition to the maximum salary

16  allowed under general law. Each additional benefit shall be

17  granted by unanimous resolution of the district with all

18  members present.

19         (7)  The administrative duties of the board of

20  commissioners shall be as set forth in this act and chapter

21  388, Florida Statutes.

22         (8)  Requirements for financial disclosure, meeting

23  notices, reporting, public records maintenance, and per diem

24  expenses for officers and employees shall be as set forth in

25  chapters 112, 189, 286, and 388, Florida Statutes.

26         (9)  The procedures and requirements governing the

27  issuance of bonds, notes, and other evidence of indebtedness

28  by the district shall be as set forth in chapters 189 and 388,

29  Florida Statutes, and applicable general laws.

30         (10)  The procedures for conducting district elections

31  and for qualification of electors shall be pursuant to

                                  3

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1  chapters 189 and 388, Florida Statutes, and applicable general

 2  laws.

 3         (11)  The district may be financed by any method

 4  established in this act, chapter 189 or chapter 388, Florida

 5  Statutes, or any applicable general laws.

 6         (12)  Pursuant to section 388.221, Florida Statutes,

 7  the district's authority to levy upon all of the personal and

 8  real taxable property in the district a special tax during

 9  each year as maintenance tax is preserved.

10         (13)  The method for collecting non-ad valorem

11  assessments, fees, service charges, or state matching funds

12  shall be as set forth in chapters 170, 197, and 388, Florida

13  Statutes.

14         (14)  The district's planning requirements shall be as

15  set forth in chapters 189 and 388, Florida Statutes.

16         (15)  The district's geographic boundary limitations

17  shall be coterminous with the boundaries of Pasco County as

18  defined in section 7.51, Florida Statutes, and may be amended

19  pursuant to section 388.211, Florida Statutes.

20         Section 2.  Officers; board compensation; bond;

21  vacancies; meetings; director.--

22         (1)  In accordance with section 388.121, Florida

23  Statutes, the elected members of the board shall meet as soon

24  as practicable after their election and shall organize by

25  electing from among their number a chair, a secretary, and a

26  treasurer. Two members of the board shall constitute a quorum.

27  The vote of two members shall be necessary to transact

28  business.

29         (2)  The commissioners shall receive reimbursement for

30  actual expenses incurred while performing the duties of their

31  

                                  4

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1  offices in accordance with general law governing per diem for

 2  public officials.

 3         (3)  Pursuant to section 388.131, Florida Statutes,

 4  each commissioner may be required by the Department of

 5  Agriculture and Consumer Services to give a bond before he or

 6  she assumes office. The bond shall be conditioned upon the

 7  faithful performance of the duties of the commissioner's

 8  office.

 9         (4)  In accordance with section 388.111, Florida

10  Statutes, a vacancy on the board shall be filled by

11  appointment by the Commissioner of Agriculture for the

12  unexpired term.

13         (5)  Pursuant to section 388.151, Florida Statutes, the

14  board shall hold, in the county courthouse or in the district

15  offices, regular monthly meetings and special meetings as

16  needed. The time and place of such regular meetings shall be

17  on file in the office of the board.

18         (6)  The district shall be administered by a qualified

19  person who shall meet any minimum qualifications established

20  by the Department of Agriculture and Consumer Services for

21  such a position in accordance with section 388.162, Florida

22  Statutes.

23         Section 3.  Powers.--

24         (1)  The board shall have all powers and duties set

25  forth in this act and chapter 388, Florida Statutes. Such

26  powers and duties include any and all things necessary for the

27  control and elimination of all species of mosquitoes and other

28  arthropods of public health importance, as well as all powers

29  of a body corporate.

30  

31  

                                  5

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1         (2)  The board may have any and all work performed by

 2  machinery, equipment, and labor employed directly by the board

 3  pursuant to sections 388.171 and 255.20, Florida Statutes.

 4         (3)  In accordance with section 388.191, Florida

 5  Statutes, the board may hold, control, and acquire by gift or

 6  purchase for the use of the district any real or personal

 7  property and may condemn any land or easements needed for the

 8  purposes of said district. The board may exercise the right of

 9  eminent domain and institute and maintain condemnation

10  proceedings as provided in chapter 73, Florida Statutes.

11         Section 4.  Rules.--Pursuant to section 388.161(2),

12  Florida Statutes, the board shall adopt rules not inconsistent

13  with this act or chapter 388, Florida Statutes, which in its

14  judgment may be necessary for the proper enforcement of

15  chapter 388, Florida Statutes, provided such rules are

16  approved by the Department of Agriculture and Consumer

17  Services.

18         Section 5.  District budget.--For the purposes of

19  carrying out this act, the board shall annually prepare,

20  consider, and adopt a district budget pursuant to the

21  applicable requirements of chapters 189 and 388, Florida

22  Statutes.

23         Section 6.  Liability insurance.--In addition to all

24  other powers granted it by law, the Pasco County Mosquito

25  Control District, acting by and through its duly qualified

26  board of commissioners, shall have the power to purchase and

27  pay for liability insurance as a legitimate public expenditure

28  without, however, waiving its right to defend any action filed

29  against it on the grounds of sovereign immunity should it

30  choose to exercise such right.

31         Section 7.  Group insurance.--

                                  6

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1         (1)  Pasco County Mosquito Control District shall be

 2  and is hereby authorized, empowered, and permitted to provide

 3  for life, health, accident, hospitalization, or annuity

 4  insurance or all of any kinds of such insurance for the

 5  employees thereof upon a group insurance plan and to that end

 6  to enter into agreement with insurance companies to provide

 7  such insurance. The Pasco County Mosquito Control District

 8  shall be authorized to contribute to the cost of any such

 9  insurance.

10         (2)  The election to exercise such authority shall be

11  evidenced by resolution duly recorded in the official minutes

12  adopted by the board of the Pasco County Mosquito Control

13  District.

14         (3)  Upon the request in writing of any employee, the

15  public officials of the Pasco County Mosquito Control District

16  are hereby authorized and empowered to deduct from the wages

17  of such employee periodically the amount of the premium which

18  such employee has agreed to pay for such insurance and to pay

19  or remit same directly to the insurance company issuing such

20  group insurance.

21         (4)  The participation in such group insurance by any

22  employee shall be entirely voluntary at all times. Any

23  employee may upon any payday withdraw or retire from such

24  group insurance plan upon giving his or her employer written

25  notice thereof and directing the discontinuance of deductions

26  from wages in payment of such premiums.

27         Section 3.  The provisions of this act shall be

28  liberally construed in order to effectively carry out the

29  purposes of this act in the interest of the public health,

30  welfare, and safety of the citizens served by the district.

31  

                                  7

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






    Florida Senate - 2005        (NP)                      SB 2666
    11-1126-05                                         See HB 1153




 1         Section 4.  It is declared to be the intent of the

 2  Legislature that if any section, subsection, sentence, clause,

 3  phrase, or portion of this act is for any reason held invalid

 4  or unconstitutional by any court of competent jurisdiction,

 5  such portion shall be deemed a separate, distinct, and

 6  independent provision, and such holding shall not affect the

 7  validity of the remaining portions hereof.

 8         Section 5.  Chapter 71-839, Laws of Florida, is

 9  repealed.

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

11  law.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

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