ARTICLE VIII. - COLLIER MOSQUITO CONTROL DISTRICT [234]


Sec. 262-306. - Minimum charter requirements.

In accordance with F.S. § 189.404(3), the following subsections shall comprise the minimum required charter provisions for Collier Mosquito Control District:

(1)

The district is organized and exists for all purposes set forth in this Act and F.S. Ch. 388, as they may be amended from time to time.

(2)

The powers, functions, and duties of the district regarding ad valorem taxation, non-ad valorem assessments, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens, foreclosure of liens, use of tax deeds and tax certificates, and contractual agreements shall be as set forth in F.S. Chs. 170, 189, 197, 200, and 388, this Act, or any other applicable general or special law, as they may be amended from time to time.

(3)

The district was created by the petition process formerly contained in F.S. Ch. 390, 1949.

(4)

The district's charter may be amended only by special act of the legislature, unless otherwise provided by F.S. Ch. 189, or F.S. Ch. 388, as amended from time to time.

(5)

In accordance with F.S. § 388.101(2), the district is governed by a five member board. The membership and organization of the board shall be as set forth in this Act and F.S. Ch. 388, as they may be amended from time to time.

(6)

Board members may be paid a salary in accordance with this Act and F.S. Ch. 388, as they may be amended from time to time. Notwithstanding F.S. § 388.141(1), board members may also receive benefits, such as medical insurance or accidental death and dismemberment insurance, in addition to the maximum salary allowed under general law. Each additional benefit will be granted by unanimous resolution of the district with all members present.

(7)

The administrative duties of the board of commissioners shall be as set forth in this Act and F.S. Ch. 388, as they may be amended from time to time.

(8)

Requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per diem expenses for officers and employees shall be as set forth in F.S. Chs. 112, 189, 286, and 388, as they may be amended from time to time.

(9)

The procedures and requirements governing the issuance of bonds, notes, and other evidence of indebtedness by the district shall be as set forth in F.S. Chs. 189 and 388, and applicable general laws, as they may be amended from time to time.

(10)

The procedures for conducting district elections and for qualification of electors shall be pursuant to F.S. Chs. 189 and 388, and pplicable general laws, as they may be amended from time to time.

(11)

The district may be financed by any method established in this Act, F.S. Chs. 189, or 388, or any applicable general laws, as they may be amended from time to time.

(12)

Pursuant to F.S. § 388.221, as it may be amended from time to time, the district's authority to levy upon all of the personal and real taxable property in the district a special tax during each year as maintenance tax is preserved.

(13)

The method for collecting non-ad valorem assessments, fees, service charges, or state matching funds shall be as set forth in F.S. Chs. 170, 197, and 388, as they may be amended from time to time.

(14)

The district's planning requirements shall be as set forth in F.S. Chs. 189 and 388, as they may be amended from time to time.

(15)

Effective October 1, 2004, this subsection (15), of section 1 of section 3 of Laws of Florida ch. 2001-298, as amended by this Act, is amended to read:

The district's geography boundary limitations shall be as follows and may be amended pursuant to F.S. § 388.211, as amended from time to time:

Beginning where the north line to Township 48S Range 25E extended westerly intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence easterly along said Township line to the northeast corner of Section 5, Township 48S Range 25E; thence southerly along the easterly Section line of 5 to the southeast corner of Section 5 Township 48S Range 25E, also known as the northwest corner of Section 9, Township 48S Range 25E; thence easterly along the north lines of Sections 9, 10, 11 and 12 to the northeast corner of Section 12, Township 48S Range 25E, also known as the northwest corner of Section 7, Township 48S Range 26E; continue easterly along the north lines of Sections 7, 8, 9, 10, 11 and 12 to the northeast corner of Section 12, Township 48S Range 26E, also known as the northwest corner of Section 7, Township 48S Range 27E; continue easterly along the north lines of Sections 7, 8, 9, and 10 to the Northeast corner of Section 10, Township 48 South, Range 27 East, thence northerly along the easterly section line of Section 3, to the Northeast corner of Section 3, Township 48 South, Range 27 East, also known as the Southeast corner of Section 34, Township 47 South, Range 27 East, thence northerly along the easterly line of Sections 34 and 27 to the Northeast corner of Section 27, Township 47 South, Range 27 East, thence easterly along the north line of Sections 26 and 25 to the Northeast corner of Section 25, Township 47 South, Range 27 East, also known as the Northwest corner of Section 30, Township 47 South, Range 28 East, thence continue along northerly line of Sections 30, 29, and 28 to the Northeast corner of Section 28, Township 47 South, Range 28 East, thence southerly along the easterly line of Sections 28 and 33 to the Southeast corner of Section 33, Township 47 South, Range 28 East, also known as the Northeast corner of Section 4, Township 48 South, Range 28 East, thence southerly along the easterly line of Sections 4, 9, 16, 21, 28, and 33 to the Southeast corner of Section 33, Township 48 South, Range 28 East, also known as the Northeast corner of Section 4, Township 49 South, Range 28 East, thence southerly along the easterly line of Sections 4, 9, 16, 21, 28, and 33 to the Southeast corner of Section 33, Township 49 South, Range 28 East, thence westerly along the southerly lines of Sections 33, 32, and 31 to the Southwest corner of Section 31, Township 49 South, Range 28 East, also known as the Southeast corner of Section 36, Township 49 South, Range 27 East, thence continue westerly along the southerly line of Sections 36, 35, 34, 33, and 32 to the southwest corner of Section 31, Township 49S Range 27E, also known as the southeast corner of Section 36, Township 49S Range 26E; thence westerly along the south line of Section 36 to the southwest corner of Section 36, Township 49S Range 26E, also known as the northeast corner of Section 2, Township 50S Range 26E; thence southerly along the east lines of Sections 2, 11, 14, 23, 26 and 35 to the southeast corner of Section 35, Township 50S Range 26E, also known as the northeast corner of Section 2, Township 51S Range 26E; thence southerly along the east line of Section 2 to the southeast corner of Section 2, Township 51S Range 26E, also known as the northwest corner of Section 12, Township 51S Range 26E; thence easterly along the north line of Section 12 to the northeast corner of Section 12, Township 51S Range 26E, also known as the northwest corner of Section 7, Township 51S Range 27E; continue easterly along the north lines of Sections 7 and 8 to the northeast corner of Section 8, Township 51S Range 27E; thence southerly along the east lines of Sections 8, 17, 20, 29 and 32 to the southeast corner of Section 32, Township 51S Range 27E; thence westerly along the south line of Section 32 to the intersection of the westerly right-of-way of State Road 92; thence southwesterly along the westerly right-of-way State Road 92 through Section 5 and 8 to the intersection of west line Section 8, Township 52S Range 27E; thence southerly along west lines of Sections 8 and 17 to the southwest corner of Section 17, Township 52S Range 27E also known as the southeast corner of Section 18, Township 52S Range 27E; thence westerly along the south line of Section 18 to the intersection of Goodland; thence southerly and westerly along the southerly boundary of Goodland, to the intersection with the east line of Section 24 Township 52S Range 26E; thence southerly along the east line of Section 24 to the southeast corner of Section 24, Township 52S Range 26E; thence westerly along the south lines of Sections 24, 23, 22, 21, 20 and 19 to where that line extended intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence northwesterly along the waters of the Gulf of Mexico, to the Point of Beginning;

And

Beginning at the southeast corner of Section 13, Township 47S Range 29E; thence northerly along the easterly Section line of Sections 13, 12 and 1 to the northeast corner of Section 1, Township 47S Range 29E also being the southeast corner of Section 36, Township 46S Range 29E; thence continue northerly along the easterly lines of Sections 36 and 25 to the northeast corner of Section 25; thence westerly along the northerly line of Sections 25, 26, 27, 28, 29 and 30 to the northwest corner of Section 30, Township 46S Range 29E, also being the northeast corner of Section 25, Township 46S Range 28E; thence continue westerly along the northerly line of Sections 25 and 26 to the northwest corner of Section 26; thence southerly along the westerly line of Sections 26 and 35 to the southwest corner of Section 35; thence easterly along the southerly line of Sections 35 and 36 to the southeast corner of Section 36, Township 46S Range 28E, also being the northwest corner of Section 6, Township 47S Range 29E; thence southerly along the westerly line of Sections 6, 7, and 18 to the southwest corner of Section 18; thence easterly along the southerly line of Sections 18, 17, 16, 15, 14 and 13 to the southeast corner of Section 13 and the Point of beginning.

Less and except the publicly owned, tax exempt property within the boundaries of Rookery Bay National Estuarine Research Reserve and Corkscrew Regional Ecosystem Watershed, as they may be amended from time to time.

(Laws of Fla. ch. 2001-298, § 3; Laws of Fla. ch. 2004-425, §§ 1, 2)

Sec. 262-307. - Liability insurance.

In addition to all other powers granted it by law, the Collier Mosquito Control District, acting by and through its duly qualified board of commissioners, shall have the power to purchase and pay for liability insurance as a legitimate public expenditure without, however, waiving its right to defend any action filed against it on the grounds of sovereign immunity should it so choose to exercise such right.

(Laws of Fla. ch. 2001-298, § 3)

Sec. 262-308. - Group insurance.

(a)

Collier Mosquito Control District shall be and is hereby authorized, empowered, and permitted to provide for life, health, accident, hospitalization, or annuity insurance or all of any kinds of such insurance for the employees thereof upon a group insurance plan, and to that end enter into agreement with insurance companies to provide such insurance. The Collier Mosquito Control District shall be authorized to contribute to the cost of any such insurance.

(b)

The election to exercise such authority shall be evidenced by resolution duly recorded in the official minutes adopted by the Board of the Collier Mosquito Control District.

(c)

Upon the request in writing of any employee, the public officials of the Collier Mosquito Control District are hereby authorized and empowered to deduct from the wages of such employee periodically the amount of the premium which such employee has agreed to pay for such insurance and to pay or remit same directly to the insurance company issuing such group insurance.

(d)

The participation in such group insurance by any employee shall be entirely voluntary at all times. Any employee may upon any payday withdraw or retire from such group insurance plan, upon giving his or her employer written notice thereof and directing the discontinuance of deductions from wages in payment of such premiums.

(Laws of Fla. ch. 2001-298, § 3)

Secs. 262-309—262-330. - Reserved.



FOOTNOTE(S):


(234) Editor's note— Laws of Fla. ch. 2001-298, § 3, amended Art. VIII in its entirety to read as herein set out. Former Art. VIII, §§ 262-306—262-309, pertained to similar subject matter and derived from Laws of Fla. ch. 63-1234, §§ 1, 2; Laws of Fla. ch. 70-640, §§ 1—4; Laws of Fla. ch. 71-591, § 1; Laws of Fla. ch. 76-351, § 1; Laws of Fla. ch. 76-352, § 1. (Back)

(234) Code reference—Ordinances pertaining to Collier Mosquito Control District, § 122-1036 et seq. (Back)

(234) State Law reference— Mosquito control districts, F.S. ch. 388. (Back)