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House Bill 1315

Florida House of Representatives - 1997 HB 1315 By Representatives Sindler, Brooks and Feeney 1 A bill to be entitled 2 An act relating to the Ranger Drainage 3 District, Orange County; establishing a charter 4 for the district; providing legislative intent; 5 increasing the number of supervisors and 6 changing the voting procedures by which members 7 of the board of supervisors are elected; 8 authorizing the levy of non-ad valorem 9 assessments and specifying services which may 10 be financed by said assessments; providing for 11 a conditional limitation on liability; changing 12 the method for approval of supervisors' 13 compensation; providing a referendum; providing 14 an effective date. 15 16 WHEREAS, the Ranger Drainage District, a drainage and 17 water control district existing in Orange County, was 18 established on April 9, 1970, by final judgment entered in In 19 re: Ranger Drainage District, case number 69-2558, Circuit 20 Court of Orange County, and 21 WHEREAS, the final judgment establishing the Ranger 22 Drainage District granted to said district those powers 23 described in chapter 298, Florida Statutes, and 24 WHEREAS, the Ranger Drainage District has existed 25 continuously since being established by the final judgment for 26 the purpose of providing the functions and exercising the 27 powers described in chapter 298, Florida Statutes, for 28 landowners within the boundaries of the district, without a 29 charter setting forth more fully the structure of and 30 functions to be provided by the district to the landowners, 31 and 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 WHEREAS, due to population growth within the Ranger 2 Drainage District, there is a need to expand its board of 3 supervisors from three members to five members and to provide 4 for election of board members by popular vote, and 5 WHEREAS, landowners within the Ranger Drainage District 6 desire that a charter be established by special act of the 7 Legislature which provides for non-ad valorem assessments to 8 cover costs of functions provided by the district and which 9 more fully describes the structure of the district and the 10 functions it is to perform for landowners within its 11 boundaries, NOW THEREFORE, 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Ranger Drainage District established.--The 16 lands lying within the area described as follows in Orange 17 County constitute the Ranger Drainage District: 18 19 The South one-half of Sections 1 and 2, the 20 easterly three-eighths of Section 10, all of 21 Sections 11, 12, 13, 14, 19, 23, 24, 25, 26, 22 27, 28, 29, 30, and 31 in Township 23 South, 23 Range 32 East in Orange County, Florida, the 24 boundary of which is more particularly 25 described as follows: 26 27 Commence at the Southeast corner of Section 25; 28 run northerly along the easterly lines of 29 Sections 25, 24, 13, 12, and 1 to the westerly 30 right-of-way of State Road 520; thence proceed 31 northwesterly along said westerly right-of-way 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 of State Road 520 to the intersection of State 2 Road 520 and the North line of the South 3 one-half of Section 1; thence westerly along 4 the North line of the South one-half of 5 Sections 1 and 2 to the westerly quarter corner 6 of Section 2; thence southerly along the West 7 line of Section 2 to the Southwest corner of 8 Section 2; thence westerly along the North line 9 of Section 10 to the Northwest corner of the 10 easterly three-eighths of Section 10; thence 11 southerly along the West line of the easterly 12 three-eighths of Section 10 to the Southwest 13 corner of the easterly three-eighths of Section 14 10; thence easterly along the South line of 15 Section 10 to the Southeast corner of Section 16 10; thence southerly along the West line of 17 Sections 14 and 23 to the Southwest corner of 18 Section 23; thence westerly along the North 19 line of Sections 27, 28, and 29 to the 20 Northwest corner of Section 29; thence 21 northerly along the East line of Section 19 to 22 the Northeast corner of Section 19; thence 23 westerly along the North line of Section 19 to 24 the Northwest corner of Section 19; thence 25 southerly along the West line of Sections 19, 26 30, and 31 to the Southwest corner of Section 27 31; thence easterly along the South line of 28 Section 31 to the Southeast corner of Section 29 31; thence northerly along the East line of 30 Section 31 to the Northeast corner of Section 31 31; thence easterly along the South line of 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 Sections 29, 28, 27, 26, and 25 to the Point of 2 Beginning. 3 4 Except as otherwise provided herein, the Ranger Drainage 5 District shall have the powers described in chapter 298, 6 Florida Statutes. It is the intent of the Legislature through 7 this act to continue the existence of the Ranger Drainage 8 District, initially established by the Circuit Court of Orange 9 County, in In re: Ranger Drainage District, civil case number 10 69-2558, with the modifications provided herein. Adoption of 11 this act shall not change the status of any existing legal 12 obligations of the Ranger Drainage District. 13 Section 2. Board of supervisors; composition, 14 qualifications, election process.--The provisions of chapter 15 298, Florida Statutes, and applicable local laws to the 16 contrary notwithstanding, the following provisions control 17 with respect to the board of supervisors of the Ranger 18 Drainage District: 19 (1) Effective November 30, 1997, the board of 20 supervisors of the district shall be expanded from three 21 members to five members, each of whom shall be elected for a 22 term of 4 years, except as provided by subsection (7), and 23 shall serve until his or her successor is duly elected or 24 appointed. 25 (2) The term of the supervisor whose term is set to 26 expire on the second Wednesday of June 1998 and the term of 27 the supervisor whose term is set to expire on the second 28 Wednesday of June 1999 are hereby adjusted so that their terms 29 will now expire at midnight on November 30, 1997. The term of 30 the supervisor who will be elected by landowners at their 31 meeting to be held on the second Wednesday of June 1997 is 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 also adjusted so that it will expire at midnight on November 2 30, 1997. Supervisors serving terms commencing December 1, 3 1997, shall be elected by popular vote of qualified electors 4 of the district as provided herein. 5 (3) Election procedures shall be consistent with the 6 applicable provisions of chapter 189, Florida Statutes. The 7 board shall appoint a supervisor of elections to oversee the 8 election of members of the board of supervisors. The 9 supervisor of elections shall not be a member of the board of 10 supervisors. 11 (4) Members of the board of supervisors shall be 12 elected on a nonpartisan basis and no qualifying fee shall be 13 charged, in order that any qualified person may stand for 14 election to the board of supervisors. Positions on the board 15 of supervisors shall be numbered one through five. Position 16 one shall represent the geographic area within the district 17 designated as the "City," more particularly described as: 18 19 All lands contained within the Plats of Rocket 20 City (n/k/a Cape Orlando Estates), Unit 1, as 21 recorded in Plat Book Z, Pages 29-31; Rocket 22 City (n/k/a Cape Orlando Estates), Unit 2, as 23 recorded in Plat Book Z, Pages 56-57; Rocket 24 City (n/k/a Cape Orlando Estates), Unit 3, as 25 recorded in Plat Book Z, Pages 69-70, as 26 replatted in part by the Plat of Cape Orlando 27 Estates, Unit 5, as recorded in Plat Book 5, 28 Pages 20-21; and Rocket City (n/k/a Cape 29 Orlando Estates), Unit 4, as recorded in Plat 30 Book Z, Pages 74-81, as replatted in part by 31 the Plats of Cape Orlando Estates, Unit 5, as 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 recorded in Plat Book 5, Pages 20-21, and Cape 2 Orlando Estates, Unit 6, as recorded in Plat 3 Book 6, Page 69; and within that portion of the 4 Plat of Rocket City (n/k/a Cape Orlando 5 Estates), Unit 1A, as recorded in Plat Book Z, 6 Pages 71-73, lying West of the Westerly 7 right-of-way line of Bancroft Boulevard as 8 shown on said plat; all of the Public Records 9 of Orange County, Florida; 10 11 and shall be elected by qualified electors who are landowners 12 in the City. Position two shall represent the geographic area 13 within the district designated as the "Estates," more 14 particularly described as: 15 16 All lands contained within that portion of the 17 Plat of Rocket City (n/k/a Cape Orlando 18 Estates), Unit 1A, as recorded in Plat Book Z, 19 Pages 71-73, lying East of the Westerly 20 right-of-way line of Bancroft Boulevard as 21 shown on said plat; and within the Plats of 22 Rocket City (n/k/a Cape Orlando Estates), Unit 23 2A, as recorded in Plat Book Z, Pages 82-85; 24 Rocket City (n/k/a Cape Orlando Estates), Unit 25 3A, as recorded in Plat Book Z, Pages 102-105, 26 as replatted in part by the Plat of Cape 27 Orlando Estates, Unit 3A, as recorded in Plat 28 Book 3, Pages 101-102; Rocket City (n/k/a Cape 29 Orlando Estates), Unit 4A, as recorded in Plat 30 Book Z, Pages 110-113; Rocket City (n/k/a Cape 31 Orlando Estates), Unit 7A, as recorded in Plat 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 Book Z, Pages 114-117, as replatted by the Plat 2 of Cape Orlando Estates, Unit 7A, as recorded 3 in Plat Book 3, Pages 103-106; Rocket City 4 (n/k/a Cape Orlando Estates), Unit 8A, as 5 recorded in Plat Book Z, Pages 106-109; Rocket 6 City (n/k/a Cape Orlando Estates), Unit 9A, as 7 recorded in Plat Book Z, Pages 86-88; Cape 8 Orlando Estates, Unit 3A, as recorded in Plat 9 Book 3, Pages 101-102; Cape Orlando Estates, 10 Unit 11A, as recorded in Plat Book 3, Pages 11 107-109; Cape Orlando Estates, Unit 12A, as 12 recorded in Plat Book 4, Pages 66-70; and Cape 13 Orlando Estates, Unit 31A, as recorded in Plat 14 Book 3, Pages 110-111; all of the Public 15 Records of Orange County, Florida; 16 17 and shall be elected by qualified electors who are landowners 18 in the Estates. Positions three, four, and five shall 19 represent the district at large and shall be elected by 20 qualified electors who are landowners from throughout the 21 district. 22 (5) Persons qualifying to run for the board of 23 supervisors shall designate the board of supervisors position 24 number for which they are running. The candidate receiving a 25 plurality of votes in each position race shall be elected to 26 the board. 27 (6) Upon approval of this act through referendum as 28 provided in section 9, the board of supervisors and the 29 supervisor of elections for the district shall make necessary 30 preparations for conducting an election prior to November 30, 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 1997, for positions one through five on the board of 2 supervisors. 3 (7) Candidates elected to positions one, two, and 4 three shall be elected for 4-year terms. Candidates elected to 5 positions four and five shall initially be elected for 2-year 6 terms. Upon expiration of the first 2-year term for positions 7 four and five, candidates elected to these positions shall 8 thereafter be elected for 4-year terms, so that all 9 supervisors shall be elected thereafter for staggered 4-year 10 terms. 11 (8) In the event of a vacancy on the board of 12 supervisors, the remaining supervisors may fill such vacancy 13 until the next regularly scheduled election for supervisors. 14 (9) In order to qualify for election as a member of 15 the board of supervisors, a candidate must be a resident of 16 the district and a qualified elector of the district. 17 Candidates for positions one and two on the board must be 18 residents and landowners in the geographic areas the positions 19 represent and must be qualified electors of the district. 20 (10) In order to be a qualified elector of the 21 district, a person must be a district landowner, at least 18 22 years of age, who registers with the district's supervisor of 23 elections. "Landowner," for purposes of this act, includes, 24 but not by limitation, persons and entities, including 25 trustees and business entities, holding title to real property 26 in fee simple or by life estate, but does not include entities 27 of government holding title to real property, or persons or 28 entities holding title to easement interests or leasing land 29 within the district. When a district landowner holds title to 30 real property in a name other than that of an individual or 31 individuals, the landowner must designate, in writing, the 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 person who will cast the vote for the landowner. Registration 2 by mail shall not be prohibited. 3 (11) Voting by proxy shall not be permitted in 4 district elections. 5 (12) Notwithstanding the provisions of this section to 6 the contrary, in the event the election of supervisors as 7 provided for in subsection (6) does not occur before November 8 30, 1997, the election shall take place as soon thereafter as 9 is reasonably practicable, and the supervisors holding office 10 as of November 30, 1997, shall continue to hold office until 11 their successors are elected or appointed in accordance with 12 applicable law. 13 Section 3. Authority to levy non-ad valorem 14 assessments.--The provisions of chapter 298, Florida Statutes, 15 and applicable local laws to the contrary notwithstanding, the 16 following provisions control with respect to the authority of 17 the board of supervisors of the Ranger Drainage District to 18 levy non-ad valorem assessments for the purposes identified in 19 this section: 20 (1) The board of supervisors is authorized to levy a 21 non-ad valorem assessment on lands within the district in the 22 manner and for the purposes provided in this section. The 23 annual non-ad valorem assessment may not exceed $25 per lot 24 within the district during the first 5 years of imposition. 25 Following published notice and a public hearing, the board of 26 supervisors may revise the assessment every 5 years after an 27 initial assessment is levied, provided the revised assessment 28 does not increase by more than 10 percent per lot over the 29 last previous assessment. For purposes of this section, the 30 term "lot" is defined as: 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 (a) Each platted lot and tract, excluding any tract or 2 portion of a tract as set forth in paragraph (c); 3 (b) Each parcel of unplatted contiguous land under 4 common ownership; or 5 (c) Each parcel of contiguous land under common 6 ownership which is made up of a portion or portions of a 7 platted lot or lots or platted tract or tracts, or of a 8 platted lot or lots or platted tract or tracts and a portion 9 of a platted lot or lots or platted tract or tracts. 10 11 Lots owned by entities of government and lands lying west of 12 the Econlockhatchee River shall not be subject to the 13 assessment under this section. 14 (2) The revenue derived from the non-ad valorem levy 15 authorized by this section may be used only for landscaping 16 and maintenance of common areas benefiting district 17 landowners, which purposes and activities the district is 18 authorized to undertake. For purposes of this section, the 19 term "common areas" is defined as those lands and facilities 20 which are owned by the district or over which the district has 21 a legally established easement right, other than those 22 currently being operated or maintained pursuant to s. 298.22, 23 Florida Statutes, or s. 298.54, Florida Statutes, and shall 24 not be deemed to include any lands within privately owned 25 parcels in the district, except those parcels or portions 26 thereof over which the district has a legally established 27 easement right. The use of common areas shall be subject to 28 regulation by the district. 29 (3) Any non-ad valorem levy established by the board 30 of supervisors pursuant to this section shall be equal for 31 each lot, as that term is defined in subsection (1). 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 (4) Prior to approving a non-ad valorem levy pursuant 2 to this section, the board of supervisors shall prepare and 3 approve a plan setting forth the projects within the district 4 to be financed by the non-ad valorem levy, together with the 5 estimated cost of each project. The plan shall be reviewed and 6 revised annually as appropriate for each year in which the 7 levy is imposed. 8 (5) No district funds other than the assessments 9 authorized by this section may be used for the purposes 10 described in this section, and the board of supervisors is 11 further prohibited from issuing any bonds for purposes 12 described in this section. 13 Section 4. Assessments and costs a lien on land 14 against which levied.--The provisions of chapter 298, Florida 15 Statutes, and applicable local laws to the contrary 16 notwithstanding, all non-ad valorem assessments provided for 17 in this act, together with all penalties for default in 18 payment of the assessments and all costs in collecting the 19 assessments, shall, from the date of assessment until paid, 20 constitute a lien of equal dignity with the liens for county 21 taxes, and other taxes of equal dignity with county taxes, 22 upon all the lands against which such assessments are levied, 23 assessed, and collected pursuant to s. 197.3632, Florida 24 Statutes. 25 Section 5. When unpaid assessments delinquent; 26 penalty.--The provisions of chapter 298, Florida Statutes, and 27 applicable local laws to the contrary notwithstanding, all 28 non-ad valorem assessments provided for in this act become 29 delinquent and bear penalties on the amount of the assessments 30 in the same manner as for county taxes. Said assessments shall 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 be a lien on the property against which assessed until paid 2 and shall be enforceable in like manner as for county taxes. 3 Section 6. Enforcement of non-ad valorem 4 assessments.--The provisions of chapter 298, Florida Statutes, 5 and applicable local laws to the contrary notwithstanding, the 6 collection and enforcement of all non-ad valorem assessments 7 levied by the district shall be at the same time and in like 8 manner as for county taxes, and the provisions of the Florida 9 Statutes relating to the sale of lands for unpaid and 10 delinquent certificates for such unpaid and delinquent county 11 taxes, the redemption thereof, the issuance to individuals of 12 tax deeds based thereon, and all other procedures in 13 connection therewith shall be applicable to the district to 14 the same extent as if said statutory provisions were expressly 15 set forth in this act. All non-ad valorem assessments shall be 16 subject to the same discounts as for county taxes. 17 Section 7. Limitation on liability with respect to 18 district lands and works used by the public for 19 recreation.--The provisions of chapter 298, Florida Statutes, 20 and applicable local laws to the contrary notwithstanding, the 21 following provisions control with respect to liability of the 22 Ranger Drainage District to persons using district 23 rights-of-way, works, or easements for outdoor recreational 24 purposes: 25 (1) Except as provided in subsection (2), when a water 26 management district, individually or jointly with another 27 agency of government, has acquired land adjacent to drainage 28 rights-of-way or works owned by the Ranger Drainage District, 29 or over which the Ranger Drainage District has a legally 30 established easement right, which land is made available by 31 the water management district for outdoor recreational 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 purposes, thereby allowing access to such rights-of-way, 2 works, or easements of the Ranger Drainage District, and which 3 otherwise qualifies for the limitation on liability afforded 4 to the water management district when there is no charge made 5 or usually made for entering or using the land and on which no 6 commercial or other activity from which profit is derived from 7 the patronage of the public is conducted on the land, the 8 Ranger Drainage District shall enjoy the same limitation on 9 liability for its rights-of-way, works, and easements as is 10 enjoyed by the water management district for its lands when 11 those same circumstances exist, when access is gained to 12 Ranger Drainage District rights-of-way, works, or easements 13 from the water management district lands. 14 (2) This section does not relieve the Ranger Drainage 15 District of any liability that would otherwise exist for gross 16 negligence or a deliberate, willful, or malicious injury to a 17 person or property. This section does not create or increase 18 the liability of the Ranger Drainage District or any person 19 beyond that which is authorized by s. 768.28, Florida 20 Statutes. 21 (3) The term "outdoor recreational purposes," as used 22 in this section, includes activities such as, but not limited 23 to, horseback riding, hunting, fishing, bicycling, swimming, 24 boating, camping, picnicking, hiking, pleasure driving, nature 25 study, water skiing, motorcycling, and visiting historical, 26 archaeological, scenic, or scientific sites. 27 Section 8. Annual meetings; supervisors' 28 compensation.--The provisions of chapter 298, Florida 29 Statutes, and applicable local laws to the contrary 30 notwithstanding, the following provisions control with respect 31 to annual landowners' meetings and supervisors' compensation: 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 (1) An annual landowners' meeting shall be held in 2 August or September of each year, as designated by the board 3 of supervisors. An engineer's report shall be presented at the 4 annual landowners' meeting and comments of landowners shall be 5 solicited. 6 (2) During any year in which members of the board of 7 supervisors are to be elected, a separate question shall be 8 placed upon the ballot to read: "Shall the members of the 9 board of supervisors receive $50 a day for each day of 10 service, when a day of service is defined as 4 hours' work 11 performed on behalf of the district, or attendance at any 12 district public hearing or regularly scheduled meeting, 13 workshop, or emergency meeting of the board of supervisors?" 14 If the question is answered in the affirmative by a majority 15 of those voting, the salary of the members of the board of 16 supervisors shall be $50 a day until the next election. All 17 voters shall be qualified electors pursuant to section 2 of 18 this act. 19 Section 9. Except for sections 7 and 9, which shall 20 take effect upon this act becoming a law, this act shall take 21 effect upon approval by a three-fifths majority of electors of 22 the district voting in a referendum. Such referendum shall be 23 conducted by the supervisor of elections for the district no 24 later than 90 days following the act becoming a law, or as 25 soon thereafter as is reasonably practicable, in a manner 26 consistent with referendum procedures to be adopted by the 27 board of supervisors of the district. Prior to the 28 referendum, the district supervisor of elections shall 29 register qualified electors of the district for purposes of 30 voting in the referendum, following those procedures provided 31 for the registration of electors under section 2. To be 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1315 107-196A-97 1 registered to vote in the referendum, electors must meet the 2 same qualifications as are provided for electors in section 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15