House Bill 0193e1
House Bill 1509e1
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CS/HB 1509, First Engrossed
1 A bill to be entitled
2 An act relating to administrative procedures;
3 amending s. 120.54, F.S.; requiring the
4 Administration Commission to adopt uniform
5 rules of procedure for certain administrative
6 hearings; providing requirements; amending s.
7 120.569, F.S.; providing requirements for
8 petitions or requests for administrative
9 hearings; providing procedural requirements for
10 agencies; providing for dismissal; requiring
11 notice; authorizing agencies to refer petitions
12 to the Division of Administrative Hearings
13 under certain circumstances; amending s.
14 120.57, F.S.; providing for motions for a
15 summary final order in administrative hearings
16 under certain circumstances; providing
17 requirements for such orders; providing
18 requirements for relinquishing jurisdiction of
19 certain proceedings to an agency; providing
20 procedures; amending ss. 14.202, 17.29, 18.22,
21 20.171, 63.233, 175.341, 177.504, 185.23,
22 198.08, 199.202, 201.11, 207.011, 210.10,
23 210.75, 212.17, 212.18, 213.06, 215.62, 215.95,
24 217.14, 220.182, 220.183, 229.053, 229.515,
25 230.22, 230.32, 231.261, 235.01, 240.209,
26 240.227, 240.311, 240.319, 242.331, 246.041,
27 246.051, 246.071, 246.207, 246.213, 253.03,
28 253.73, 257.14, 258.007, 258.43, 259.035,
29 259.041, 265.284, 265.605, 267.031, 280.19,
30 284.17, 288.709, 292.05, 310.151, 310.185,
31 319.17, 320.011, 320.69, 320.824, 324.042,
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CS/HB 1509, First Engrossed
1 326.003, 327.04, 330.29, 334.044, 339.175,
2 350.127, 366.05, 367.121, 368.05, 369.20,
3 369.22, 369.251, 370.021, 370.092, 370.15,
4 373.043, 373.044, 373.113, 373.171, 373.337,
5 373.418, 376.07, 377.22, 377.703, 378.205,
6 378.404, 380.05, 380.0651, 381.0011, 384.33,
7 391.026, 392.66, 394.879, 395.1055, 403.061,
8 403.1835, 403.504, 403.523, 403.704, 403.716,
9 403.805, 403.861, 403.869, 403.9404, 406.04,
10 408.15, 414.45, 427.013, 430.08, 440.591,
11 443.171, 455.203, 455.521, 457.104, 458.309,
12 459.005, 460.405, 461.005, 463.005, 464.006,
13 465.005, 465.022, 466.004, 466.038, 467.005,
14 468.1135, 468.1685, 468.204, 468.384, 468.402,
15 468.507, 468.522, 468.606, 468.705, 468.802,
16 470.005, 471.008, 472.008, 473.304, 474.206,
17 475.05, 475.614, 476.064, 477.016, 478.43,
18 480.035, 481.2055, 481.306, 482.051, 483.805,
19 484.005, 484.044, 486.025, 488.02, 489.108,
20 489.507, 490.004, 491.004, 492.104, 494.0011,
21 496.424, 497.103, 497.105, 498.007, 500.459,
22 501.014, 501.143, 501.626, 502.014, 503.031,
23 504.32, 516.22, 516.23, 517.03, 520.994,
24 526.09, 531.41, 548.003, 553.76, 560.105,
25 561.11, 570.07, 571.05, 571.24, 574.14, 578.11,
26 580.036, 583.04, 585.002, 593.103, 616.165,
27 616.256, 617.01301, 620.1835, 620.81055,
28 624.308, 624.4431, 626.943, 627.805, 627.9408,
29 628.535, 633.01, 633.517, 634.021, 634.302,
30 634.402, 635.081, 636.067, 641.403, 641.56,
31 648.26, 651.015, 655.012, 681.118, 717.138,
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CS/HB 1509, First Engrossed
1 718.501, 719.501, 721.26, 723.006, 916.20,
2 943.03, 944.09, 947.07, 960.045, 985.405, F.S.;
3 restating rulemaking authority for numerous
4 state officers, departments, divisions, boards,
5 and other entities; repealing s. 258.011, F.S.,
6 relating to rules for state parks; amending s.
7 633.70, F.S.; conforming a cross-reference to a
8 change made by the act; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (5) of section
14 120.54, Florida Statutes, is amended to read:
15 120.54 Rulemaking.--
16 (5) UNIFORM RULES.--
17 (b) The uniform rules of procedure adopted by the
18 commission pursuant to this subsection shall include, but not
19 be limited to:
20 1. Uniform rules for the scheduling of public
21 meetings, hearings, and workshops.
22 2. Uniform rules for use by each state agency that
23 provide procedures for conducting public meetings, hearings,
24 and workshops, and for taking evidence, testimony, and
25 argument at such public meetings, hearings, and workshops, in
26 person and by means of communications media technology. The
27 rules shall provide that all evidence, testimony, and argument
28 presented shall be afforded equal consideration, regardless of
29 the method of communication. If a public meeting, hearing, or
30 workshop is to be conducted by means of communications media
31 technology, or if attendance may be provided by such means,
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CS/HB 1509, First Engrossed
1 the notice shall so state. The notice for public meetings,
2 hearings, and workshops utilizing communications media
3 technology shall state how persons interested in attending may
4 do so and shall name locations, if any, where communications
5 media technology facilities will be available. Nothing in this
6 paragraph shall be construed to diminish the right to inspect
7 public records under chapter 119. Limiting points of access to
8 public meetings, hearings, and workshops subject to the
9 provisions of s. 286.011 to places not normally open to the
10 public shall be presumed to violate the right of access of the
11 public, and any official action taken under such circumstances
12 is void and of no effect. Other laws relating to public
13 meetings, hearings, and workshops, including penal and
14 remedial provisions, shall apply to public meetings, hearings,
15 and workshops conducted by means of communications media
16 technology, and shall be liberally construed in their
17 application to such public meetings, hearings, and workshops.
18 As used in this subparagraph, "communications media
19 technology" means the electronic transmission of printed
20 matter, audio, full-motion video, freeze-frame video,
21 compressed video, and digital video by any method available.
22 3. Uniform rules of procedure for the filing of notice
23 of protests and formal written protests.
24 4. Uniform rules of procedure for the filing of
25 petitions for administrative hearings pursuant to s. 120.569
26 or s. 120.57. Such rules shall include:
27 a. The identification of the petitioner.
28 b. A statement of when and how the petitioner received
29 notice of the agency's action or proposed action.
30
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1 c. An explanation of how the petitioner's substantial
2 interests are or will be affected by the action or proposed
3 action.
4 d. A statement of all material facts disputed by the
5 petitioner or a statement that there are no disputed facts.
6 e. A statement of the ultimate facts alleged,
7 including a statement of the specific facts the petitioner
8 contends warrant reversal or modification of the agency's
9 proposed action.
10 f. A statement of the specific rules or statutes the
11 petitioner contends require reversal or modification of the
12 agency's proposed action.
13 g. A statement of the relief sought by the petitioner,
14 stating precisely the action petitioner wishes the agency to
15 take with respect to the proposed action.
16 5.4. Uniform rules of procedure for the filing and
17 prompt disposition of petitions for declaratory statements.
18 6.5. Provision of a method by which each agency head
19 shall provide a description of the agency's organization and
20 general course of its operations.
21 7.6. Uniform rules establishing procedures for
22 granting or denying petitions for variances and waivers
23 pursuant to s. 120.542.
24 Section 2. Paragraphs (c) through (l) of subsection
25 (2) of section 120.569, Florida Statutes, are renumbered as
26 paragraphs (e) through (n), respectively, and new paragraphs
27 (c) and (d) are added to said section, to read:
28 120.569 Decisions which affect substantial
29 interests.--
30 (2)
31
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1 (c) Unless otherwise provided by law, a petition or
2 request for hearing shall include those items required by the
3 uniform rules adopted pursuant to s. 120.54(5)(b)4. Upon the
4 receipt of a petition or request for hearing, the agency shall
5 carefully review the petition to determine if it contains all
6 of the required information. A petition shall be dismissed if
7 it is not in substantial compliance with these requirements or
8 it has been untimely filed. Dismissal of a petition shall, at
9 least once, be without prejudice to petitioner's filing a
10 timely amended petition curing the defect, unless it
11 conclusively appears from the face of the petition that the
12 defect cannot be cured. The agency shall promptly give
13 written notice to all parties of the action taken on the
14 petition, shall state with particularity its reasons if the
15 petition is not granted, and shall state the deadline for
16 filing an amended petition if applicable.
17 (d) The agency may refer a petition to the division
18 for the assignment of an administrative law judge only if the
19 petition is in substantial compliance with the requirements of
20 paragraph (c).
21 Section 3. Paragraphs (h), (i), (j), (k), and (l) of
22 subsection (1) of section 120.57, Florida Statutes, are
23 renumbered as paragraphs (j), (k), (l), (m), and (n),
24 respectively, and new paragraphs (h) and (i) are added to said
25 subsection, to read:
26 120.57 Additional procedures for particular cases.--
27 (1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS
28 INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--
29 (h) Any party to a proceeding in which an
30 administrative law judge of the Division of Administrative
31 Hearings has final order authority may move for a summary
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1 final order when there is no genuine issue as to any material
2 fact. A summary final order shall be rendered if the
3 administrative law judge determines from the pleadings,
4 depositions, answers to interrogatories, and admissions on
5 file, together with affidavits, if any, that no genuine issue
6 as to any material fact exists and that the moving party is
7 entitled as a matter of law to the entry of a final order. A
8 summary final order shall consist of findings of fact, if any,
9 conclusions of law, a disposition or penalty, if applicable,
10 and any other information required by law to be contained in
11 the final order.
12 (i) When, in any proceeding conducted pursuant to this
13 subsection, a dispute of material fact no longer exists, any
14 party may move the administrative law judge to relinquish
15 jurisdiction to the agency. In ruling on such a motion, the
16 administrative law judge may consider the pleadings,
17 depositions, answers to interrogatories, and admissions on
18 file, together with supporting and opposing affidavits, if
19 any. If the administrative law judge enters an order
20 relinquishing jurisdiction, the agency may promptly conduct a
21 proceeding pursuant to subsection (2), if appropriate, but the
22 parties may not raise any issues of disputed fact that could
23 have been raised before the administrative law judge. An
24 order entered by an administrative law judge relinquishing
25 jurisdiction to the agency based upon a determination that no
26 genuine dispute of material fact exists, need not contain
27 findings of fact, conclusions of law, or a recommended
28 disposition or penalty.
29 Section 4. Section 14.202, Florida Statutes, is
30 amended to read:
31
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1 14.202 Administration Commission.--There is created as
2 part of the Executive Office of the Governor an Administration
3 Commission composed of the Governor and Cabinet. The Governor
4 is chair of the commission. The Governor or Comptroller may
5 call a meeting of the commission promptly each time the need
6 therefor arises. Unless otherwise provided herein,
7 affirmative action by the commission shall require the
8 approval of the Governor and at least three other members of
9 the commission. The commission shall adopt such rules pursuant
10 to ss. 120.54 and 120.536(1) to implement provisions of law
11 conferring duties upon it as it deems necessary to carry out
12 its duties and responsibilities.
13 Section 5. Section 17.29, Florida Statutes, is amended
14 to read:
15 17.29 Authority to prescribe rules.--The Comptroller
16 has authority to adopt rules pursuant to ss. 120.54 and
17 120.536(1) to implement duties assigned by statute or the
18 State Constitution may prescribe any rule he or she considers
19 necessary to properly fulfill his or her constitutional and
20 statutory duties. Such rules may include, but are not limited
21 to, the following:
22 (1) Procedures or policies relating to the processing
23 of payments from salaries, other personal services, or any
24 other applicable appropriation.
25 (2) Procedures for processing interagency and
26 intraagency payments which do not require the issuance of a
27 state warrant.
28 Section 6. Section 18.22, Florida Statutes, is amended
29 to read:
30 18.22 Rules and regulations.--The department has
31 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
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1 to implement All rules and regulations necessary to effectuate
2 the provisions of this chapter may be adopted by the
3 department in accordance with the provisions of chapter 120.
4 Section 7. Paragraph (k) of subsection (4) of section
5 20.171, Florida Statutes, is amended to read:
6 20.171 Department of Labor and Employment
7 Security.--There is created a Department of Labor and
8 Employment Security.
9 (4)
10 (k) The commission has authority to shall, in
11 accordance with chapter 120, adopt, promulgate, amend, or
12 rescind such rules pursuant to ss. 120.54 and 120.536(1) to
13 implement provisions of law conferring duties upon it as it
14 deems necessary and administratively feasible to carry out its
15 responsibilities.
16 Section 8. Section 63.233, Florida Statutes, is
17 amended to read:
18 63.233 Rulemaking authority.--The department shall
19 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
20 the provisions of this chapter.
21 Section 9. Subsection (2) of section 175.341, Florida
22 Statutes, is amended to read:
23 175.341 Duties of Division of Retirement; rulemaking
24 authority; investments by the State Board of Administration.--
25 (2) The division has authority to shall adopt rules
26 pursuant to ss. 120.54 and 120.536(1) to implement the
27 provisions of necessary for the administration of this
28 chapter.
29 Section 10. Paragraph (e) of subsection (2) of section
30 177.504, Florida Statutes, is amended to read:
31 177.504 Powers and duties of the department.--
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1 (2) The functions, duties, and responsibilities of the
2 department shall be:
3 (e) To adopt rules pursuant to ss. 120.54 and
4 120.536(1) and regulations necessary to implement the
5 provisions of carry out the purpose of this act.
6 Section 11. Subsection (2) of section 185.23, Florida
7 Statutes, is amended to read:
8 185.23 Duties of Division of Retirement; rulemaking;
9 investment by State Board of Administration.--
10 (2) The division has authority to shall adopt rules
11 pursuant to ss. 120.54 and 120.536(1) to implement the
12 provisions of necessary for the administration of this
13 chapter.
14 Section 12. Section 198.08, Florida Statutes, is
15 amended to read:
16 198.08 Rules and regulations.--The department has
17 authority to adopt may from time to time make such rules
18 pursuant to ss. 120.54 and 120.536(1) and regulations not
19 inconsistent with this chapter as it may deem necessary to
20 enforce the provisions of this chapter and may adopt, as
21 rules, such rules and regulations as are or may be promulgated
22 with respect to the estate tax or generation-skipping transfer
23 tax provisions of the Revenue Act of the United States insofar
24 as they are shall be applicable hereto. The department may
25 from time to time prescribe such forms as it shall deem proper
26 for the administration of this chapter.
27 Section 13. Section 199.202, Florida Statutes, is
28 amended to read:
29 199.202 Administration of law; rules.--The department
30 shall administer and enforce the assessment and collection of
31 the taxes, interest, and penalties imposed by this chapter. It
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1 may by rule prescribe the form and content of all returns and
2 reports. It has authority to adopt rules pursuant to ss.
3 120.54 and 120.536(1) is further authorized to promulgate all
4 other rules not inconsistent with this chapter as it deems
5 necessary to administer and enforce the provisions of this
6 chapter.
7 Section 14. Subsection (1) of section 201.11, Florida
8 Statutes, is amended to read:
9 201.11 Administration of law by Department of
10 Revenue.--
11 (1) The administration of this chapter shall be vested
12 in the Department of Revenue, which has authority to adopt
13 rules pursuant to ss. 120.54 and 120.536(1) to enforce the
14 provisions of this chapter shall prescribe suitable rules and
15 regulations for the enforcement of the provisions thereof, and
16 shall administer and enforce the taxes levied and imposed by
17 this chapter. The Department of Revenue may enter upon the
18 premises of any taxpayer, and examine or cause to be examined
19 by any agent or representative designated by it for that
20 purpose, any books, papers, records, or memoranda bearing upon
21 the amount of taxes payable, and secure other information
22 directly or indirectly concerned in the enforcement of this
23 chapter. Any person, subject to this tax, who shall by any
24 practice or evasion make it difficult to enforce the
25 provisions of this chapter by inspection, or any person, agent
26 or officer, who shall, after demand by the department or any
27 agent or representative designated by it for that purpose,
28 refuse to allow full inspection of the premises or any part
29 thereof, or any books, records, documents, or other
30 instruments in any way relating to the liability of the
31 taxpayer for the tax herein imposed, or shall hinder or in
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1 anywise delay or prevent such inspection, shall be guilty of a
2 misdemeanor of the second degree, punishable as provided in s.
3 775.082 or s. 775.083.
4 Section 15. Subsection (2) of section 207.011, Florida
5 Statutes, is amended to read:
6 207.011 Inspection of records; hearings; forms;
7 rules.--
8 (2) The department has authority to adopt rules
9 pursuant to ss. 120.54 and 120.536(1) to enforce the
10 provisions of shall have the authority to prescribe all rules
11 necessary for the enforcement of this chapter.
12 Section 16. Subsection (1) of section 210.10, Florida
13 Statutes, is amended to read:
14 210.10 General powers of the Division of Alcoholic
15 Beverages and Tobacco.--
16 (1) The Division of Alcoholic Beverages and Tobacco
17 has authority to adopt rules pursuant to ss. 120.54 and
18 120.536(1) to implement is authorized to prescribe and
19 promulgate all rules and regulations necessary to effectuate
20 the provisions of this part consistent with the terms hereof.
21 All cigarette permits issued hereunder shall have printed
22 thereon a notice to the effect that such permit is issued
23 subject to the provisions of this part and such said rules and
24 regulations. The division shall provide upon request without
25 charge to any applicant for a permit a copy of this part and
26 the rules and regulations prescribed by it pursuant hereto.
27 Section 17. Subsection (2) of section 210.75, Florida
28 Statutes, is amended to read:
29 210.75 Administration.--
30 (2) The division has authority to adopt rules pursuant
31 to ss. 120.54 and 120.536(1) to is authorized to prescribe and
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1 promulgate rules it may deem necessary to implement and
2 enforce the provisions of this part.
3 Section 18. Subsection (6) of section 212.17, Florida
4 Statutes, is amended to read:
5 212.17 Credits for returned goods, rentals, or
6 admissions; additional powers of department.--
7 (6) The department has authority to adopt rules
8 pursuant to ss. 120.54 and 120.536(1) to enforce the
9 provisions of this chapter shall have the power to make,
10 prescribe and publish reasonable rules and regulations not
11 inconsistent with this chapter, or the other laws, or the
12 constitution of this state, or the United States, for the
13 enforcement of the provisions of this chapter and the
14 collection of revenue hereunder, and such rules and
15 regulations shall when enforced be deemed to be reasonable and
16 just.
17 Section 19. Subsection (2) of section 212.18, Florida
18 Statutes, is amended to read:
19 212.18 Administration of law; registration of dealers;
20 rules.--
21 (2) The department shall administer and enforce the
22 assessment and collection of the taxes, interest, and
23 penalties imposed by this chapter. It has authority to adopt
24 rules pursuant to ss. 120.54 and 120.536(1) to enforce the
25 provisions of is authorized to make and publish such rules and
26 regulations not inconsistent with this chapter, as it may deem
27 necessary in enforcing its provisions in order that there
28 shall not be collected on the average more than the rate
29 levied herein. The department is authorized to and it shall
30 provide by rule and regulation a method for accomplishing this
31 end. It shall prepare instructions to all persons required by
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1 this chapter to collect and remit the tax to guide such
2 persons in the proper collection and remission of such tax and
3 to instruct such persons in the practices that may be
4 necessary for the purpose of enforcement of this chapter and
5 the collection of the tax imposed hereby. The use of tokens
6 in the collection of this tax is hereby expressly forbidden
7 and prohibited.
8 Section 20. Subsection (1) of section 213.06, Florida
9 Statutes, is amended to read:
10 213.06 Rules of department; circumstances requiring
11 emergency rules.--
12 (1) The Department of Revenue has the is granted
13 authority to adopt such rules pursuant to ss. 120.54 and
14 120.536(1) as are necessary to implement provisions of carry
15 out the intent and purposes of this chapter and all other
16 revenue laws administered by the department, and it may amend
17 such rules to conform to legislation or departmental policy
18 changes made in the absence of any legislation.
19 Section 21. Subsection (5) of section 215.62, Florida
20 Statutes, is amended to read:
21 215.62 Division of Bond Finance.--
22 (5) The board has authority shall have power to adopt
23 such rules pursuant to ss. 120.54 and 120.536(1) to implement
24 provisions of law conferring duties on it and regulations as
25 may be necessary for carrying out the duties of the division.
26 The board shall hold regular and special meetings at such
27 places and times, in such manner, and after such notice as may
28 be provided by resolution adopted by the board or upon call of
29 the chair.
30 Section 22. Paragraph (a) of subsection (2) of section
31 215.95, Florida Statutes, is amended to read:
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1 215.95 Financial Management Information Board.--
2 (2) To carry out its duties and responsibilities, the
3 board shall by majority vote:
4 (a) Adopt such rules pursuant to ss. 120.54 and
5 120.536(1), policies, procedures, principles, and standards as
6 deemed necessary to implement the Florida Financial Management
7 Information System.
8 Section 23. Section 217.14, Florida Statutes, is
9 amended to read:
10 217.14 Adoption of rules and regulations.--The
11 department has authority is authorized to adopt, promulgate,
12 and repeal rules pursuant to ss. 120.54 and 120.536(1) to
13 implement the provisions of and carry out the purpose of this
14 chapter, in compliance with chapter 120.
15 Section 24. Subsection (8) of section 220.182, Florida
16 Statutes, is amended to read:
17 220.182 Enterprise zone property tax credit.--
18 (8) The department has authority to adopt rules
19 pursuant to ss. 120.54 and 120.536(1) to implement the
20 provisions of shall promulgate any rules necessary to ensure
21 the orderly implementation and administration of this act.
22 Section 25. Paragraphs (a) and (d) of subsection (6)
23 of section 220.183, Florida Statutes, are amended to read:
24 220.183 Community contribution tax credit.--
25 (6) ADMINISTRATION.--
26 (a) The Office of Tourism, Trade, and Economic
27 Development has authority to adopt rules pursuant to ss.
28 120.54 and 120.536(1) is authorized to promulgate all rules
29 necessary to implement the provisions of administer this
30 section, including rules for the approval or disapproval of
31 proposals by business firms.
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1 (d) The Department of Revenue has authority to adopt
2 rules pursuant to ss. 120.54 and 120.536(1) to implement the
3 provisions of shall promulgate any rules necessary to ensure
4 the orderly implementation and administration of this section.
5 Section 26. Subsection (1) of section 229.053, Florida
6 Statutes, is amended to read:
7 229.053 General powers of state board.--
8 (1) The State Board of Education is the chief
9 policymaking and coordinating body of public education in
10 Florida. It has authority to adopt rules pursuant to ss.
11 120.54 and 120.536(1) to implement the provisions of law
12 conferring duties upon it has the general powers to determine,
13 adopt, or prescribe such policies, rules, regulations, or
14 standards as are required by law or as it may find necessary
15 for the improvement of the state system of public education.
16 Except as otherwise provided herein, it may, as it shall find
17 appropriate, delegate its general powers to the Commissioner
18 of Education or the directors of the divisions of the
19 department.
20 Section 27. Section 229.515, Florida Statutes, is
21 amended to read:
22 229.515 Rules and standards have force of law.--The
23 Commissioner of Education has authority to adopt rules
24 pursuant to ss. 120.54 and 120.536(1) to implement the
25 provisions of may prescribe such rules and minimum standards
26 as are necessary to carry out his or her responsibilities
27 under the school code conferring duties upon the commissioner,
28 with the exception of provisions relating to state
29 universities and community colleges and the Florida School for
30 the Deaf and the Blind, and all such rules and minimum
31 standards, if not in conflict with the school code, have the
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1 full force and effect of law. The commissioner, in prescribing
2 such rules, is considered an "agency" for purposes of chapter
3 120.
4 Section 28. Subsection (2) of section 230.22, Florida
5 Statutes, is amended to read:
6 230.22 General powers of school board.--The school
7 board, after considering recommendations submitted by the
8 superintendent, shall exercise the following general powers:
9 (2) Adopt such rules pursuant to ss. 120.54 and
10 120.536(1) to implement the provisions of law conferring
11 duties upon it and regulations to supplement those prescribed
12 by the state board and the commissioner as in its opinion will
13 contribute to the more orderly and efficient operation of the
14 district school system.
15 Section 29. Subsection (4) of section 230.32, Florida
16 Statutes, is amended to read:
17 230.32 General powers of superintendents.--The
18 superintendent shall have the authority, and when necessary
19 for the more efficient and adequate operation of the district
20 school system, the superintendent shall exercise the following
21 powers:
22 (4) RECOMMEND AND EXECUTE RULES AND
23 REGULATIONS.--Prepare and organize by subjects and submit to
24 the school board for adoption such rules and regulations to
25 supplement those adopted by the state board or the
26 commissioner as, in the superintendent's opinion, will
27 contribute to the efficient operation of any aspect of
28 education in the district. When rules and regulations have
29 been adopted, the superintendent shall see that they are
30 executed.
31
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1 Section 30. Paragraph (d) of subsection (7) of section
2 231.261, Florida Statutes, is amended to read:
3 231.261 Education Practices Commission;
4 organization.--
5 (7) The duties and responsibilities of the commission
6 are to:
7 (d) Adopt rules pursuant to ss. 120.54 and 120.536(1)
8 to implement provisions of law conferring duties upon it Have
9 rulemaking authority pursuant to chapter 120.
10 Section 31. Subsection (2) of section 235.01, Florida
11 Statutes, is amended to read:
12 235.01 Purpose; rules.--
13 (2) The Commissioner of Education shall adopt rules
14 pursuant to ss. 120.54 and 120.536(1) to implement the
15 provisions of this chapter.
16 Section 32. Subsection (1) and paragraph (r) of
17 subsection (3) of section 240.209, Florida Statutes, are
18 amended to read:
19 240.209 Board of Regents; powers and duties.--
20 (1) The Board of Regents is primarily responsible for
21 adopting systemwide rules pursuant to ss. 120.54 and
22 120.536(1) to implement provisions of law conferring duties
23 upon it and policies; planning for the future needs of the
24 State University System; planning the programmatic, financial,
25 and physical development of the system; reviewing and
26 evaluating the instructional, research, and service programs
27 at the universities; coordinating program development among
28 the universities; and monitoring the fiscal performance of the
29 universities.
30 (3) The board shall:
31
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1 (r) Adopt such rules pursuant to ss. 120.54 and
2 120.536(1) to implement provisions of law conferring duties
3 upon it as are necessary to carry out its duties and
4 responsibilities.
5 Section 33. Subsection (1) of section 240.227, Florida
6 Statutes, is amended to read:
7 240.227 University presidents; powers and duties.--The
8 president is the chief administrative officer of the
9 university and is responsible for the operation and
10 administration of the university. Each university president
11 shall:
12 (1) Develop and Adopt rules pursuant to ss. 120.54 and
13 120.536(1) to implement provisions of law governing the
14 operation and administration of the university. Such rules
15 shall be consistent with the mission of the university and
16 statewide rules and policies and shall assist in the
17 development of the university in a manner which will
18 complement the missions and activities of the other
19 universities for the overall purpose of achieving the highest
20 quality of education for the citizens of the state.
21 Section 34. Subsection (2) of section 240.311, Florida
22 Statutes, is amended to read:
23 240.311 State Board of Community Colleges; powers and
24 duties.--
25 (2) The State Board of Community Colleges is
26 responsible for the establishing and developing of rules and
27 policies which will ensure the operation and maintenance of a
28 state community college system, as defined in s.
29 228.041(1)(b), in a coordinated, efficient, and effective
30 manner. The State Board of Community Colleges has authority to
31 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
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1 provisions of law conferring duties upon it. Such rules and
2 policies shall be submitted to the State Board of Education
3 for approval. If any rule is not disapproved by the State
4 Board of Education within 45 days of its receipt by the State
5 Board of Education, the rule shall be filed immediately with
6 the Department of State.
7 Section 35. Subsection (2) of section 240.319, Florida
8 Statutes, as amended by section 2 of chapter 97-383, Laws of
9 Florida, is amended to read:
10 240.319 Community college district boards of trustees;
11 duties and powers.--
12 (2) In carrying out this responsibility, The board of
13 trustees, after considering recommendations submitted by the
14 community college president, has authority to adopt rules
15 pursuant to ss. 120.54 and 120.536(1) to implement the
16 provisions of law conferring duties upon it shall be
17 authorized to adopt such rules, procedures, and policies as
18 are necessary to operate the community college in such a
19 manner as to assure the fulfillment of the responsibilities
20 assigned to the board of trustees. These rules, procedures,
21 and policies may supplement those prescribed by the State
22 Board of Education and the State Board of Community Colleges
23 if they will contribute to the more orderly and efficient
24 operation of the state community college system.
25 Section 36. Subsection (3) of section 242.331, Florida
26 Statutes, is amended to read:
27 242.331 Florida School for the Deaf and the Blind;
28 board of trustees.--
29 (3) The board of trustees has authority to adopt rules
30 pursuant to ss. 120.54 and 120.536(1) to implement provisions
31 of law relating to operation of is authorized to adopt such
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1 rules as are necessary to operate the Florida School for the
2 Deaf and the Blind. Such rules shall be submitted to the State
3 Board of Education for approval or disapproval. If any rule is
4 not disapproved by the State Board of Education within 60 days
5 of its receipt by the State Board of Education, the rule shall
6 be filed immediately with the Department of State. The board
7 of trustees shall act at all times in conjunction with the
8 rules of the State Board of Education.
9 Section 37. Paragraph (e) of subsection (1) of section
10 246.041, Florida Statutes, is amended to read:
11 246.041 Powers and duties of board.--
12 (1) The board shall:
13 (e) Adopt rules pursuant to ss. 120.54 and 120.536(1)
14 to implement provisions of law conferring duties upon it
15 necessary to carry out its functions.
16 Section 38. Section 246.051, Florida Statutes, is
17 amended to read:
18 246.051 Administration by board.--The provisions of
19 ss. 246.011-246.151 shall be administered by the board which
20 in connection therewith has the power:
21 (1) To adopt such rules pursuant to ss. 120.54 and
22 120.536(1) to implement as it may find necessary to carry out
23 the objectives, purposes, and directives of ss.
24 246.011-246.151;
25 (2) To execute such standards and rules and
26 regulations as shall be adopted for the operation and
27 establishment of nonpublic colleges; and
28 (3) To expend funds as necessary to assist in the
29 enforcement of ss. 246.011-246.151.
30 Section 39. Section 246.071, Florida Statutes, is
31 amended to read:
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1 246.071 Rules of State Board of Independent Colleges
2 and Universities.--The State Board of Independent Colleges and
3 Universities has authority is authorized to adopt such rules
4 pursuant to ss. 120.54 and 120.536(1) to implement as are
5 necessary to carry out the objectives, purposes, and
6 directives of ss. 246.011-246.151. Such rules shall be
7 submitted to the State Board of Education for approval or
8 disapproval. If any rule is not disapproved by the State
9 Board of Education within 60 days after its receipt by the
10 State Board of Education, the rule shall be filed immediately
11 with the Department of State.
12 Section 40. Paragraph (e) of subsection (1) of section
13 246.207, Florida Statutes, is amended to read:
14 246.207 Powers and duties of board.--
15 (1) The board shall:
16 (e) Prescribe and recommend to the State Board of
17 Education rules to implement as are required by ss.
18 246.201-246.231 or as it may find necessary to aid in carrying
19 out the objectives and purposes of ss. 246.201-246.231.
20 Section 41. Subsection (1) of section 246.213, Florida
21 Statutes, is amended to read:
22 246.213 Power of State Board of Education.--
23 (1) The State Board of Education, acting on the
24 recommendation of the State Board of Independent Postsecondary
25 Vocational, Technical, Trade, and Business Schools, shall
26 adopt such minimum standards for schools and other rules
27 pursuant to ss. 120.54 and 120.536(1) to implement as are
28 required for the administration of ss. 246.201-246.231.
29 Section 42. Paragraph (a) of subsection (7) of section
30 253.03, Florida Statutes, is amended to read:
31
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1 253.03 Board of trustees to administer state lands;
2 lands enumerated.--
3 (7)(a) The Board of Trustees of the Internal
4 Improvement Trust Fund is hereby authorized and directed to
5 administer all state-owned lands and shall be responsible for
6 the creation of an overall and comprehensive plan of
7 development concerning the acquisition, management, and
8 disposition of state-owned lands so as to ensure maximum
9 benefit and use. The Board of Trustees of the Internal
10 Improvement Trust Fund has authority to shall adopt rules
11 pursuant to ss. 120.54 and 120.536(1) to implement the
12 provisions of and regulations necessary to carry out the
13 purposes of this act as set forth in this section.
14 Section 43. Section 253.73, Florida Statutes, is
15 amended to read:
16 253.73 Rules and regulations; ss.
17 253.67-253.75.--Subject to the requirements of chapter 120,
18 The board has authority to may adopt rules pursuant to ss.
19 120.54 and 120.536(1) to administer and regulations necessary
20 and appropriate to carry out the provisions of ss.
21 253.67-253.75.
22 Section 44. Section 257.14, Florida Statutes, is
23 amended to read:
24 257.14 Division of Library and Information Services;
25 rules.--The Division of Library and Information Services has
26 authority to may adopt rules pursuant to ss. 120.54 and
27 120.536(1) to implement carry out the provisions of this
28 chapter.
29 Section 45. Subsection (2) of section 258.007, Florida
30 Statutes, is amended to read:
31 258.007 Powers of division.--
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1 (2) The division has authority to adopt rules pursuant
2 to ss. 120.54 and 120.536(1) to implement provisions of law
3 conferring duties on it shall make and publish such rules and
4 regulations as it may deem necessary or proper for the
5 management and use of the parks, monuments, and memorials
6 under its jurisdiction, and the violation of any rule of the
7 rules and regulations authorized by this section shall be a
8 misdemeanor and punishable accordingly.
9 Section 46. Section 258.011, Florida Statutes, is
10 repealed.
11 Section 47. Section 258.43, Florida Statutes, is
12 amended to read:
13 258.43 Rules and regulations.--
14 (1) The Board of Trustees of the Internal Improvement
15 Trust Fund has authority to adopt rules pursuant to ss. 120.54
16 and 120.536(1) to implement shall adopt and enforce reasonable
17 rules and regulations to carry out the provisions of this act
18 and specifically to provide regulation of human activity
19 within the preserve in such a manner as not to unreasonably
20 interfere with lawful and traditional public uses of the
21 preserve, such as sport and commercial fishing, boating, and
22 swimming.
23 (2) Other uses of the preserve, or human activity
24 within the preserve, although not originally contemplated, may
25 be permitted by the trustees, but only subsequent to a formal
26 finding of compatibility with the purposes of this act.
27 (3) The Board of Trustees of the Internal Improvement
28 Trust Fund may delegate to a local government, by agreement,
29 the power and duty to administer and enforce the standards and
30 criteria established in a resource inventory and management
31
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1 plan adopted by the board, if the board determines that such a
2 delegation is in the public interest.
3 (a) Such delegation shall be made only if the board
4 determines that the local government's program for
5 administering and enforcing the adopted standards and
6 criteria:
7 1. Adopts, by ordinance, standards and criteria no
8 less restrictive than those in the management plan approved by
9 the board pursuant to the provisions of rule 18-20.013(2),
10 Florida Administrative Code; provided, however nothing
11 contained in this subsection shall expand the powers,
12 jurisdiction, or authority granted pursuant to this chapter.
13 When a local government's program proposes to include
14 standards and criteria that are more restrictive than those in
15 the management plan approved by the board, such standards and
16 criteria shall not be effective until they have been approved
17 by the board as being consistent with the provisions of this
18 chapter.
19 2. Provides for the enforcement of such requirements
20 by appropriate administrative and judicial processes.
21 3. Provides for administrative organization, staff,
22 and financial and other resources necessary to effectively and
23 efficiently enforce such requirements.
24 4. Provides for improved management and enforcement of
25 the standards and criteria in the resource inventory and
26 management plans and of the rules adopted by the board
27 pertaining to state-owned lands.
28 (b) Such delegation may not include the authority to
29 grant approval for the sale, lease, easement, or other uses of
30 state-owned sovereignty lands that require approval by the
31 board as provided by the board's rules on October 1, 1989.
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1 This provision shall not preclude agreements between the board
2 and local governments that may provide that the local
3 government shall process applications and present
4 recommendations for final action to the board.
5 (c) The board shall give prior notice of its intention
6 to enter into an agreement as described in this subsection, as
7 provided by s. 253.115. The Division of State Lands of the
8 Department of Environmental Protection shall update its rules
9 annually to include a list of the management agreements
10 adopted pursuant to this subsection. The list shall identify
11 the parties to, and the date and location of, each agreement,
12 and shall specify the nature of the authority delegated by the
13 agreement.
14 (d) The board may designate the local government as
15 its enforcement arm for purposes of s. 258.46, and the local
16 government shall have the authority to directly enforce the
17 provisions of that section or to rely on the enforcement
18 provisions of the local ordinance implementing the management
19 plan. The governing body of the local government shall seek
20 approval from the Division of State Lands before seeking the
21 elevated penalties associated with direct enforcement of s.
22 258.46 in lieu of penalties associated with violation of its
23 ordinance. Nothing in this subsection shall affect the
24 authority of the division to enforce the provisions of this
25 act.
26 (e) Each year on the anniversary of any delegation
27 pursuant to this subsection, the staff of the department shall
28 present to the board an evaluation of decisions made by the
29 local governments during the previous year. The board shall,
30 upon reviewing this evaluation, either act to renew the
31 delegation, act to retract the delegation, or act to renew the
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CS/HB 1509, First Engrossed
1 delegation with specific directives to the local government to
2 take corrective action concerning any deficiencies in its
3 processing or application of the standards and criteria in the
4 rules approved by the board or a management plan adopted for
5 the preserves.
6 (f) Nothing contained in this subsection shall affect
7 the powers, duties, or procedures set forth in chapter 403.
8 Section 48. Subsection (1) of section 259.035, Florida
9 Statutes, is amended to read:
10 259.035 Advisory council; powers and duties.--
11 (1) There is created a Land Acquisition and Management
12 Advisory Council to be composed of the secretary and a
13 designee of the department, the director of the Division of
14 Forestry of the Department of Agriculture and Consumer
15 Services, the executive director of the Game and Fresh Water
16 Fish Commission, the director of the Division of Historical
17 Resources of the Department of State, and the secretary of the
18 Department of Community Affairs, or their respective
19 designees. The chairmanship of the council shall rotate
20 annually in the foregoing order. The council shall hold
21 periodic meetings at the request of the chair. The department
22 shall provide primary staff support to the council and shall
23 ensure that council meetings are electronically recorded. Such
24 recordings shall be preserved pursuant to chapters 119 and
25 257. The department has authority to may adopt rules pursuant
26 to ss. 120.54 and 120.536(1) to implement the provisions of
27 any rule or form necessary to implement this section.
28 Section 49. Subsection (2) of section 259.041, Florida
29 Statutes, is amended to read:
30 259.041 Acquisition of state-owned lands for
31 preservation, conservation, and recreation purposes.--
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1 (2) The board of trustees has authority to shall adopt
2 and may modify or repeal such rules pursuant to ss. 120.54 and
3 120.536(1) as are necessary to implement the provisions carry
4 out the purposes of this section, including rules governing
5 the terms and conditions of land purchases. Such rules shall
6 address with specificity, but not be limited to:
7 (a) The procedures to be followed in the acquisition
8 process, including selection of appraisers, surveyors, title
9 agents and closing agents, and the content of appraisal
10 reports.
11 (b) The determination of the value of parcels which
12 the state has an interest to acquire.
13 (c) Special requirements when multiple landowners are
14 involved in an acquisition.
15 (d) Requirements for obtaining written option
16 agreements so that the interests of the state are fully
17 protected.
18 Section 50. Paragraph (d) of subsection (5) of section
19 265.284, Florida Statutes, is amended to read:
20 265.284 Chief cultural officer; director of division;
21 powers and duties.--
22 (5) The division is further authorized to:
23 (d) Adopt rules pursuant to ss. 120.54 and 120.536(1)
24 to implement provisions of law conferring duties on it
25 Promulgate such rules as are necessary to carry out its
26 duties.
27 Section 51. Subsection (1) of section 265.605, Florida
28 Statutes, is amended to read:
29 265.605 Cultural Endowment Program; rulemaking.--
30
31
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1 (1) The department shall adopt any rules pursuant to
2 ss. 120.54 and 120.536(1) necessary to implement the
3 provisions of this act.
4 Section 52. Subsection (1) of section 267.031, Florida
5 Statutes, is amended to read:
6 267.031 Division of Historical Resources.--
7 (1) The division has authority to shall adopt such
8 rules pursuant to ss. 120.54 and 120.536(1) as deemed
9 necessary to implement provisions of carry out its duties and
10 responsibilities under this chapter conferring duties upon it.
11 Section 53. Section 280.19, Florida Statutes, is
12 amended to read:
13 280.19 Rules.--The Treasurer shall adopt such rules
14 pursuant to ss. 120.54 and 120.536(1) and prescribe such forms
15 as may be necessary to administer the provisions accomplish
16 the purposes of this chapter.
17 Section 54. Section 284.17, Florida Statutes, is
18 amended to read:
19 284.17 Rules and regulations.--The Department of
20 Insurance has authority to adopt rules pursuant to ss. 120.54
21 and 120.536(1) to implement the provisions of shall promulgate
22 such reasonable rules and regulations as are necessary to aid
23 in the implementation of this chapter.
24 Section 55. Subsection (1) of section 288.709, Florida
25 Statutes, is amended to read:
26 288.709 Powers of the Florida Black Business
27 Investment Board.--The board shall have all the powers
28 necessary or convenient to carry out and effectuate the
29 purposes and provisions of ss. 9-21, chapter 85-104, Laws of
30 Florida, including, but not limited to, the power to:
31
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1 (1) Adopt bylaws for the regulation of its affairs and
2 the conduct of its business and adopt rules pursuant to ss.
3 120.54 and 120.536(1) to implement the provisions of law
4 conferring duties upon it rules pursuant to chapter 120.
5 However, any proposed rules affecting the operation or
6 administration or financial well-being of any of the black
7 business investment corporations must first be approved by a
8 majority of the black business investment corporations.
9 Section 56. Subsection (3) of section 292.05, Florida
10 Statutes, is amended to read:
11 292.05 Duties of Department of Veterans' Affairs.--
12 (3) The department has authority to may adopt, amend,
13 or rescind such rules pursuant to ss. 120.54 and 120.536(1) to
14 implement the provisions of as it deems necessary to carry out
15 this chapter.
16 Section 57. Paragraph (c) of subsection (1) of section
17 310.151, Florida Statutes, is amended to read:
18 310.151 Rates of pilotage; Pilotage Rate Review
19 Board.--
20 (1)
21 (c) The board has authority to adopt rules pursuant to
22 ss. 120.54 and 120.536(1) to implement provisions of is
23 authorized to adopt such rules as are consistent with law and
24 necessary to carry out the duties and authority conferred on
25 it by this section conferring duties upon it. The department
26 shall provide the staff required by the board to carry out its
27 duties under this section.
28 Section 58. Subsection (1) of section 310.185, Florida
29 Statutes, is amended to read:
30 310.185 Rulemaking.--
31
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1 (1) The board has authority to adopt rules pursuant to
2 ss. 120.54 and 120.536(1) to implement shall have the power to
3 adopt rules necessary to the provisions of this chapter.
4 Section 59. Subsection (1) of section 319.17, Florida
5 Statutes, is amended to read:
6 319.17 Rules; forms; indexes and records.--
7 (1) The department has authority to may adopt such
8 rules pursuant to ss. 120.54 and 120.536(1) to implement the
9 provisions of as it deems necessary or proper for the
10 administration of this chapter, including rules that allow
11 alternative methods of proof of satisfaction of liens.
12 Section 60. Section 320.011, Florida Statutes, is
13 amended to read:
14 320.011 Administration and enforcement; rules.--The
15 department shall administer and enforce the provisions of this
16 chapter and has authority to may adopt such rules pursuant to
17 ss. 120.54 and 120.536(1) to implement them as it deems
18 necessary or proper for the administration hereof.
19 Section 61. Section 320.69, Florida Statutes, is
20 amended to read:
21 320.69 Rules and regulations.--The department has
22 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
23 to implement the provisions of may make such rules and
24 regulations as it shall deem necessary or proper for the
25 effective administration and enforcement of this law.
26 Section 62. Section 320.824, Florida Statutes, is
27 amended to read:
28 320.824 Rules and regulations, Changes and
29 modifications of standards.--
30 (1) The department may make such rules and regulations
31 as it shall deem necessary or proper for the effective
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1 administration and enforcement of ss. 320.822-320.90 and may
2 adopt by rule and promulgate any changes in, or additions to,
3 the standards adopted in s. 320.823 or s. 320.8231, which are
4 approved and officially published by the institute or
5 promulgated by the Department of Housing and Urban Development
6 subsequent to the effective date of this act.
7 (2) The department or its authorized agent may enter
8 any place or establishment where mobile homes are
9 manufactured, sold, or offered for sale, for the purpose of
10 ascertaining whether the requirements of the code and the
11 rules regulations adopted by the department have been met.
12 Section 63. Section 324.042, Florida Statutes, is
13 amended to read:
14 324.042 Administration.--The department shall
15 administer and enforce the provisions of this chapter, and has
16 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
17 to implement them the department may make such rules as may be
18 necessary for its administration.
19 Section 64. Subsection (2) of section 326.003, Florida
20 Statutes, is amended to read:
21 326.003 Administration.--The division shall:
22 (2) Adopt rules pursuant to ss. 120.54 and 120.536(1)
23 to implement administer ss. 326.001-326.006 and to classify
24 brokers and salespersons and regulate their activities.
25 Section 65. Section 327.04, Florida Statutes, is
26 amended to read:
27 327.04 Rules and regulations.--
28 (1) The department has authority to may adopt rules
29 pursuant to ss. 120.54 and 120.536(1), other than rules
30 pertaining to vessel registration or titling, to implement the
31 provisions of which are necessary for carrying out the
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1 administrative powers and duties conferred on the department
2 by this chapter conferring powers or duties upon it.
3 (2) The Department of Highway Safety and Motor
4 Vehicles has authority to may adopt rules pursuant to ss.
5 120.54 and 120.536(1) which pertain pertaining to vessel
6 registration and titling to implement the provisions of
7 necessary for carrying out the administrative duties,
8 obligations, and powers conferred on that department by this
9 chapter and chapter 328 conferring duties upon it.
10 Section 66. Section 330.29, Florida Statutes, is
11 amended to read:
12 330.29 Administration and enforcement; rules;
13 standards for airport sites and airports.--It is the duty of
14 the department to:
15 (1) Administer and enforce the provisions of this
16 chapter.;
17 (2) Establish minimum standards for airport sites and
18 airports under its licensing jurisdiction.; and
19 (3) Adopt such rules pursuant to ss. 120.54 and
20 120.536(1) as it deems necessary to implement administer and
21 enforce the provisions of this chapter.
22 Section 67. Subsection (2) of section 334.044, Florida
23 Statutes, is amended to read:
24 334.044 Department; powers and duties.--The department
25 shall have the following general powers and duties:
26 (2) To adopt rules pursuant to ss. 120.54 and
27 120.536(1) to implement the provisions of law conferring
28 duties upon it, procedures, and standards for the conduct of
29 its business operations and the implementation of any
30 provision of law for which the department is responsible.
31
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1 Section 68. Paragraph (c) of subsection (10) of
2 section 339.175, Florida Statutes, is amended to read:
3 339.175 Metropolitan planning organization.--It is the
4 intent of the Legislature to encourage and promote the
5 development of transportation systems embracing various modes
6 of transportation in a manner that will maximize the mobility
7 of people and goods within and through urbanized areas of this
8 state and minimize, to the maximum extent feasible, and
9 together with applicable regulatory government agencies,
10 transportation-related fuel consumption and air pollution. To
11 accomplish these objectives, metropolitan planning
12 organizations, referred to in this section as M.P.O.'s, shall
13 develop, in cooperation with the state, transportation plans
14 and programs for metropolitan areas. Such plans and programs
15 must provide for the development of transportation facilities
16 that will function as an intermodal transportation system for
17 the metropolitan area. The process for developing such plans
18 and programs shall be continuing, cooperative, and
19 comprehensive, to the degree appropriate, based on the
20 complexity of the transportation problems.
21 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
22 COUNCIL.--
23 (c) The powers and duties of the Metropolitan Planning
24 Organization Advisory Council are to:
25 1. Enter into contracts with individuals, private
26 corporations, and public agencies.
27 2. Acquire, own, operate, maintain, sell, or lease
28 personal property essential for the conduct of business.
29 3. Accept funds, grants, assistance, gifts, or
30 bequests from private, local, state, or federal sources.
31
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1 4. Establish bylaws and adopt rules pursuant to ss.
2 120.54 and 120.536(1) to implement provisions of law
3 conferring powers or duties upon it make rules to effectuate
4 its powers, responsibilities, and obligations.
5 5. Assist M.P.O.'s in carrying out the urbanized area
6 transportation planning process by serving as the principal
7 forum for collective policy discussion pursuant to law.
8 6. Serve as a clearinghouse for review and comment by
9 M.P.O.'s on the Florida Transportation Plan and on other
10 issues required to comply with federal or state law in
11 carrying out the urbanized area transportation and systematic
12 planning processes instituted pursuant to s. 339.155.
13 7. Employ an executive director and such other staff
14 as necessary to perform adequately the functions of the
15 council, within budgetary limitations. The executive director
16 and staff are exempt from part II of chapter 110 and serve at
17 the direction and control of the council. The council is
18 assigned to the Office of the Secretary of the Department of
19 Transportation or for fiscal and accountability purposes, but
20 it shall otherwise function independently of the control and
21 direction of the department.
22 8. Adopt an agency strategic plan that provides the
23 priority directions the agency will take to carry out its
24 mission within the context of the state comprehensive plan and
25 any other statutory mandates and directions given to the
26 agency.
27 Section 69. Subsection (2) of section 350.127, Florida
28 Statutes, is amended to read:
29 350.127 Penalties; rules; execution of contracts.--
30 (2) The commission is authorized to adopt, by
31 affirmative vote of a majority of the commission, rules
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1 pursuant to ss. 120.54 and 120.536(1) to implement provisions
2 of law conferring duties upon it reasonably necessary to
3 implement any law which it administers.
4 Section 70. Subsection (1) of section 366.05, Florida
5 Statutes, is amended to read:
6 366.05 Powers.--
7 (1) In the exercise of such jurisdiction, the
8 commission shall have power to prescribe fair and reasonable
9 rates and charges, classifications, standards of quality and
10 measurements, and service rules and regulations to be observed
11 by each public utility; to require repairs, improvements,
12 additions, and extensions to the plant and equipment of any
13 public utility when reasonably necessary to promote the
14 convenience and welfare of the public and secure adequate
15 service or facilities for those reasonably entitled thereto;
16 to employ and fix the compensation for such examiners and
17 technical, legal, and clerical employees as it deems necessary
18 to carry out the provisions of this chapter; and to adopt
19 rules pursuant to ss. 120.54 and 120.536(1) to implement and
20 enforce the provisions of prescribe all rules and regulations
21 reasonably necessary and appropriate for the administration
22 and enforcement of this chapter.
23 Section 71. Subsection (1) of section 367.121, Florida
24 Statutes, is amended to read:
25 367.121 Powers of commission.--
26 (1) In the exercise of its jurisdiction, the
27 commission shall have power:
28 (a) To prescribe fair and reasonable rates and
29 charges, classifications, standards of quality and
30 measurements, and to prescribe service rules to be observed by
31
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1 each utility, except to the extent such authority is expressly
2 given to another state agency.;
3 (b) To prescribe, by rule, a uniform system and
4 classification of accounts for all utilities, which rules,
5 among other things, shall establish adequate, fair, and
6 reasonable depreciation rates and charges.;
7 (c) To require such regular or emergency reports from
8 a utility, including, but not limited to, financial reports,
9 as the commission deems necessary and, if the commission finds
10 a financial report to be incomplete, incorrect, or
11 inconsistent with the uniform system and classification of
12 accounts, to require a new report or a supplemental report,
13 either of which the commission may require to be certified by
14 an independent certified public accountant licensed under
15 chapter 473.;
16 (d) To require repairs, improvements, additions, and
17 extensions to any facility, or to require the construction of
18 a new facility, if reasonably necessary to provide adequate
19 and proper service to any person entitled to service or if
20 reasonably necessary to provide any prescribed quality of
21 service, except that no utility shall be required to extend
22 its service outside the geographic area described in its
23 certificate of authorization, or make additions to its plant
24 or equipment to serve outside such area, unless the commission
25 first finds that the utility is financially able to make such
26 additional investment without impairing its capacity to serve
27 its existing customers.;
28 (e) To employ and fix the compensation for such
29 examiners and technical, legal, and clerical employees as it
30 deems necessary to carry out the provisions of this chapter.;
31
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1 (f) To adopt, by affirmative vote of a majority of the
2 commission, rules pursuant to ss. 120.54 and 120.536(1) to
3 implement and enforce the provisions of reasonably necessary
4 and appropriate for the administration and enforcement of this
5 chapter.;
6 (g) To exercise all judicial powers, issue all writs,
7 and do all things necessary or convenient to the full and
8 complete exercise of its jurisdiction and the enforcement of
9 its orders and requirements.;
10 (h) To order interconnections of service or facilities
11 between utilities, and to approve any plant capacity charges
12 or wholesale service charges or rates related thereto,
13 provided the commission first finds that the utility is
14 financially able to make such additional investment as is
15 required without impairing its capacity to serve its existing
16 customers.;
17 (i) To require the filing of reports and other data by
18 a public utility or its affiliated companies, including its
19 parent company, regarding transactions or allocations of
20 common costs, among the utility and such affiliated companies.
21 The commission may also require such reports or other data
22 necessary to ensure that a utility's ratepayers do not
23 subsidize nonutility activities.;
24 (j) To seek relief in circuit court including
25 temporary and permanent injunctions, restraining orders, or
26 any other appropriate order, because the Legislature finds
27 that violations of commission orders or rules, in connection
28 with the impairment of a utility's operations or service,
29 constitute irreparable harm for which there is no adequate
30 remedy at law. Such remedies shall be in addition to and
31 supplementary to any other remedies available for enforcement
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1 of agency action under s. 120.69 or the provisions of this
2 chapter. The commission shall establish procedures
3 implementing this section by rule.; and
4 (k) To assess a utility for reasonable travel costs
5 associated with reviewing the records of the utility and its
6 affiliates when such records are kept out of state. The
7 utility may bring the records back into the state for review.
8 Section 72. Section 368.05, Florida Statutes, is
9 amended to read:
10 368.05 Commission jurisdiction, rules and
11 regulations.--
12 (1) In addition to its existing functions, the Florida
13 Public Service Commission shall have jurisdiction over all
14 persons, corporations, partnerships, associations, public
15 agencies, municipalities, or other legal entities engaged in
16 the operation of gas transmission or distribution facilities
17 with respect to their compliance with the rules and
18 regulations governing safety standards established by the
19 commission pursuant to this law. The jurisdiction conferred
20 upon the commission hereby shall be exclusive of and superior
21 to that of all other boards, agencies, political subdivisions,
22 municipalities, towns, villages, or counties; and in case of
23 conflict therewith all lawful safety acts, orders, and rules,
24 and regulations of the commission shall in each instance
25 prevail.
26 (2) The commission shall have the power to perform any
27 and all acts, and to prescribe, issue, make, amend, and
28 rescind such orders, rules, and regulations not inconsistent
29 herewith as it may find necessary or appropriate to the
30 exercise of the authority granted under the provisions of this
31 law. The commission has authority to adopt rules pursuant to
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1 ss. 120.54 and 120.536(1) to implement provisions of law
2 conferring duties upon it. The commission may require the
3 filing of periodic reports and all other data reasonably
4 necessary to determine whether the safety standards prescribed
5 by it are being complied with; may require repairs and
6 improvements to the gas transmission and distribution piping
7 systems subject to this law which are reasonably necessary to
8 promote the protection of the public; and may exercise all
9 judicial powers, issue all writs, and do all things necessary
10 or convenient to the full and complete exercise of its
11 jurisdiction and the enforcement of its safety orders and
12 rules and regulations adopted pursuant to this law.
13 (3) The jurisdiction conferred upon the commission by
14 this part does not extend to the distribution of gas beyond
15 the last meter prior to consumption.
16 Section 73. Subsection (6) of section 369.20, Florida
17 Statutes, is amended to read:
18 369.20 Florida Aquatic Weed Control Act.--
19 (6) The department shall adopt rules pursuant to ss.
20 120.54 and 120.536(1) to implement provisions of this section
21 conferring powers or duties upon it, amend, or repeal all
22 rules as necessary to carry out the duties, obligations, and
23 powers set forth in this section and perform any other acts
24 necessary for the proper administration, enforcement, or
25 interpretation of this section, including creating general
26 permits and exemptions and adopting rules and forms governing
27 reports.
28 Section 74. Subsection (11) of section 369.22, Florida
29 Statutes, is amended to read:
30 369.22 Nonindigenous aquatic plant control.--
31
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1 (11) The department shall adopt rules pursuant to ss.
2 120.54 and 120.536(1) to implement the provisions of, amend,
3 or repeal all rules as necessary to carry out the duties,
4 obligations, and powers set forth in this section conferring
5 powers or duties upon it and perform any other acts necessary
6 for the proper administration, enforcement, or interpretation
7 of this section, including adopting rules and forms governing
8 reports.
9 Section 75. Subsection (3) of section 369.251, Florida
10 Statutes, is amended to read:
11 369.251 Invasive nonnative plants; prohibitions;
12 study; removal; rules.--
13 (3) The department has authority to shall adopt rules
14 pursuant to ss. 120.54 and 120.536(1) to implement the
15 provisions of necessary to implement this section. Possession
16 or transportation resulting from natural dispersion, mulching
17 operations, control and disposal, or use in herbaria or other
18 educational or research institutions, or for other reasons
19 determined by the department to be consistent with this
20 section and where there is neither the danger of, nor intent
21 to, further disperse any plant species prohibited by this
22 section, is not subject to the permit or penalty provisions of
23 this section.
24 Section 76. Subsection (1) of section 370.021, Florida
25 Statutes, is amended to read:
26 370.021 Administration; rules, publications, records;
27 penalty for violation of chapter; injunctions.--
28 (1) RULES AND REGULATIONS.--The Department of
29 Environmental Protection has authority to adopt rules pursuant
30 to ss. 120.54 and 120.536(1) to implement provisions of law
31 conferring powers or duties upon it shall make, adopt,
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1 promulgate, amend, and repeal all rules and regulations
2 necessary or convenient for the carrying out of the duties,
3 obligations, powers, and responsibilities conferred on the
4 department or any of its divisions. The director of each
5 division shall submit to the department suggested rules and
6 regulations for that division. Any person violating or
7 otherwise failing to comply with any of the rules and
8 regulations adopted as aforesaid is guilty of a misdemeanor of
9 the second degree, punishable as provided in s. 775.082 or s.
10 775.083, unless otherwise provided by law.
11 Section 77. Subsection (5) of section 370.092, Florida
12 Statutes, is amended to read:
13 370.092 Carriage of proscribed nets across Florida
14 waters.--
15 (5) The department has authority to adopt rules
16 pursuant to ss. 120.54 and 120.536(1) to implement the
17 provisions of is authorized to make and adopt reasonable
18 rules, regulations, and orders, including emergency rules, to
19 implement this section. The department shall adopt emergency
20 rules to implement the provisions of subparagraph (4)(c)1. by
21 August 1, 1996.
22 Section 78. Subsection (1) of section 370.15, Florida
23 Statutes, is amended to read:
24 370.15 Shrimp; regulation.--
25 (1) GENERAL AUTHORITY; CONSERVATION.--The department
26 has authority to adopt rules pursuant to ss. 120.54 and
27 120.536(1) to implement the provisions of this section. The
28 department shall encourage is authorized and directed to
29 adopt, promulgate, and enforce rules and regulations
30 consistent with the provisions of this section and the general
31 policy of encouraging the production of the maximum sustained
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1 yield consistent with the preservation and protection of
2 breeding stock, taking into consideration the recommendations
3 of the various marine laboratories, as well as those of
4 interested and experienced groups of private citizens. Such
5 Rules shall and regulations are to control the method, manner,
6 and equipment used in the taking of shrimp or prawn, as well
7 as limiting and defining the areas where taken.
8 Section 79. Section 373.043, Florida Statutes, is
9 amended to read:
10 373.043 Adoption and enforcement of rules regulations
11 by the department.--The department has authority to adopt
12 rules pursuant to ss. 120.54 and 120.536(1) shall adopt,
13 promulgate, and enforce such regulations and review procedures
14 as may be necessary or convenient to implement administer the
15 provisions of this chapter.
16 Section 80. Section 373.044, Florida Statutes, is
17 amended to read:
18 373.044 Rules and regulations; enforcement;
19 availability of personnel rules.--In administering this
20 chapter, The governing board of the district is authorized to
21 make and adopt rules pursuant to ss. 120.54 and 120.536(1) to
22 implement the provisions of this chapter. reasonable rules,
23 regulations, and orders which are consistent with law; and
24 such Rules, regulations, and orders may be enforced by
25 mandatory injunction or other appropriate action in the courts
26 of the state. Rules relating to personnel matters shall be
27 made available to the public and affected persons at no more
28 than cost but need not be published in the Florida
29 Administrative Code or the Florida Administrative Weekly.
30 Section 81. Section 373.113, Florida Statutes, is
31 amended to read:
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1 373.113 Adoption of rules regulations by the governing
2 board.--In administering the provisions of this chapter the
3 governing board has authority to adopt rules pursuant to ss.
4 120.54 and 120.536(1) to implement provisions of law
5 conferring powers or duties upon it shall adopt, promulgate,
6 and enforce such regulations as may be reasonably necessary to
7 effectuate its powers, duties, and functions pursuant to the
8 provisions of chapter 120.
9 Section 82. Section 373.171, Florida Statutes, is
10 amended to read:
11 373.171 Rules and regulations.--
12 (1) In order to obtain the most beneficial use of the
13 water resources of the state and to protect the public health,
14 safety, and welfare and the interests of the water users
15 affected, governing boards, by action not inconsistent with
16 the other provisions of this law and without impairing
17 property rights, may:
18 (a) Adopt Establish rules, regulations, or issue
19 orders affecting the use of water, as conditions warrant, and
20 forbidding the construction of new diversion facilities or
21 wells, the initiation of new water uses, or the modification
22 of any existing uses, diversion facilities, or storage
23 facilities within the affected area.
24 (b) Regulate the use of water within the affected area
25 by apportioning, limiting, or rotating uses of water or by
26 preventing those uses which the governing board finds have
27 ceased to be reasonable or beneficial.
28 (c) Issue orders and adopt rules pursuant to ss.
29 120.54 and 120.536(1) to implement the provisions of this
30 chapter Make other rules, regulations, and orders necessary
31
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1 for the preservation of the interests of the public and of
2 affected water users.
3 (2) In adopting promulgating rules and regulations and
4 issuing orders under this law, the governing board shall act
5 with a view to full protection of the existing rights to water
6 in this state insofar as is consistent with the purpose of
7 this law.
8 (3) No rule, regulation or order shall require any
9 modification of existing use or disposition of water in the
10 district unless it is shown that the use or disposition
11 proposed to be modified is detrimental to other water users or
12 to the water resources of the state.
13 (4) All rules and regulations adopted by the governing
14 board shall be filed with the Department of State as provided
15 in chapter 120. An information copy will be filed with the
16 Department of Environmental Protection.
17 Section 83. Section 373.337, Florida Statutes, is
18 amended to read:
19 373.337 Rules.--The department shall, by July 1, 1989,
20 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
21 the provisions of this part, providing each water management
22 district and representatives of the water well contracting
23 industry with meaningful opportunity to participate in the
24 development of the rules as they are drafted. The rules shall
25 be adopted by each water management district.
26 Section 84. Subsection (3) of section 373.418, Florida
27 Statutes, is amended to read:
28 373.418 Rulemaking; preservation of existing
29 authority.--
30 (3) The department or governing boards have authority
31 to may adopt such rules pursuant to ss. 120.54 and 120.536(1)
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CS/HB 1509, First Engrossed
1 as are necessary to implement the provisions of this part.
2 Such rules shall be consistent with the water resource
3 implementation rule and shall not allow harm to water
4 resources or be contrary to the policy set forth in s.
5 373.016.
6 Section 85. Section 376.07, Florida Statutes, is
7 amended to read:
8 376.07 Regulatory powers of department; penalties for
9 inadequate booming by terminal facilities.--The department
10 shall from time to time adopt, amend, repeal, and enforce
11 reasonable rules insofar as they relate to discharges of
12 pollutants into the waters of this state or onto the coasts of
13 this state.
14 (1) The department shall adopt rules pursuant to ss.
15 120.54 and 120.536(1) to implement ss. 376.011-376.21 rules
16 shall be adopted in accordance with the Administrative
17 Procedure Act, chapter 120.
18 (2) The department shall adopt rules including, but
19 not limited to, the following matters:
20 (a) Operation and inspection requirements for
21 discharge prevention, abatement, and cleanup capabilities of
22 terminal facilities and vessels, and other matters relating to
23 certification under ss. 376.011-376.21.
24 (b) Procedures and methods of reporting discharges and
25 other occurrences prohibited by ss. 376.011-376.21.
26 (c) Procedures, methods, means, and equipment to be
27 used by persons subject to regulation by ss. 376.011-376.21 in
28 the removal of pollutants.
29 (d) Development and implementation of criteria and
30 plans to meet pollution occurrences of various degrees and
31 kinds.
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1 (e) Creation by contract or administrative action of a
2 state response team which shall be responsible for creating
3 and maintaining a contingency plan of response, organization,
4 and equipment for handling emergency cleanup operations and
5 wildlife rescue and rehabilitation operations. The state
6 plans shall include detailed emergency operating procedures
7 for the state as a whole, and the team shall from time to time
8 conduct practice alerts. These plans shall be filed with the
9 Governor and all Coast Guard stations in the state and Coast
10 Guard captains of the port having responsibility for
11 enforcement of federal pollution laws within the state. The
12 contingency plan shall include all necessary information for
13 the total containment and cleanup of pollution, including, but
14 not limited to, an inventory of equipment and its location, a
15 table of organization with the names, addresses, and telephone
16 numbers of all persons responsible for implementing every
17 phase of the plan, including a plan for wildlife rescue and
18 rehabilitation operations, a list of available sources of
19 supplies necessary for cleanup, and a designation of priority
20 zones to determine the sequence and methods of cleanup. The
21 state response team shall act independently of agencies of the
22 Federal Government but is directed to cooperate with any
23 federal cleanup operation.
24 (f) Requirements for minimum weather and sea
25 conditions for permitting a vessel to enter port and for the
26 safety and operation of vessels, barges, tugs, motor vehicles,
27 motorized equipment, and other equipment relating to the use
28 and operation of terminals, facilities, and refineries, the
29 approach and departure from terminals, facilities, and
30 refineries, and requirements that containment gear approved by
31 the department be on hand and maintained by terminal
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1 facilities and refineries with adequate personnel trained in
2 its use.
3 (g) Requirements that, prior to being granted entry
4 into any port in this state, the master of a vessel shall
5 report:
6 1. Any discharges of pollutants the vessel has had
7 since leaving the last port.
8 2. Any mechanical problem on the vessel which creates
9 the possibility of a discharge.
10 3. Any denial of entry into any port during the
11 current cruise of the vessel.
12 (h) Requirements that any terminal facility be subject
13 to a complete and thorough inspection whenever the terminal
14 facility causes or permits the discharge of a pollutant in
15 violation of the provisions of ss. 376.011-376.21, and at
16 other reasonable times. If the department determines there are
17 unsatisfactory preventive measures or containment and cleanup
18 capabilities, it shall, within a reasonable time after notice
19 and hearing in compliance with chapter 120, suspend the
20 registration until such time as there is compliance with the
21 department requirements.
22 (i) Such other rules as the exigencies of any
23 condition may require or as may reasonably be necessary to
24 carry out the intent of ss. 376.011-376.21.
25 (3) The department shall not require vessels to
26 maintain discharge prevention gear, holding tanks, and
27 containment gear which exceed federal requirements. However,
28 a terminal facility transferring heavy oil to or from a vessel
29 with a heavy oil storage capacity greater than 10,000 gallons
30 shall be required, considering existing weather and tidal
31 conditions, to adequately boom or seal off the transfer area
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1 during a transfer, including, but not limited to, a bunkering
2 operation, to minimize the escape of such pollutants from the
3 containment area. As used in this subsection, the term
4 "adequate booming" means booming with proper containment
5 equipment which is employed and located for the purpose of
6 preventing, for the most likely discharge, as much of the
7 pollutant as possible from escaping out of the containment
8 area.
9 (a) The owner or operator of a terminal facility
10 involved in the transfer of such pollutant to or from a vessel
11 which is not adequately boomed commits a noncriminal
12 infraction and shall be cited for such infraction. The civil
13 penalty for such an infraction shall be $2,500, except as
14 otherwise provided in this section.
15 (b) Any person cited for an infraction under this
16 section may:
17 1. Pay the civil penalty;
18 2. Post bond equal to the amount of the applicable
19 civil penalty; or
20 3. Sign and accept a citation indicating a promise to
21 appear before the county court.
22
23 The officer authorized to issue these citations may indicate
24 on the citation the time and location of the scheduled hearing
25 and shall indicate the applicable civil penalty.
26 (c) Any person who willfully refuses to post bond or
27 accept and sign a citation commits a misdemeanor of the second
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 (d) After compliance with subparagraph (b)2. or
30 subparagraph (b)3., any person charged with a noncriminal
31 infraction under this section may:
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1 1. Pay the civil penalty, either by mail or in person,
2 within 30 days after the date of receiving the citation; or
3 2. If the person has posted bond, forfeit the bond by
4 not appearing at the designated time and location.
5
6 A person cited for an infraction under this section who pays
7 the civil penalty or forfeits the bond has admitted the
8 infraction and waives the right to a hearing on the issue of
9 commission of the infraction. Such admission may not be used
10 as evidence in any other proceedings.
11 (e) Any person who elects to appear before the county
12 court or who is required to appear waives the limitations of
13 the civil penalty specified in paragraph (a). The issue of
14 whether an infraction has been committed and the severity of
15 the infraction shall be determined by a hearing official at a
16 hearing. If the commission of the infraction is proved by the
17 greater weight of the evidence, the court shall impose a civil
18 penalty of $2,500. If the court determines that the owner or
19 operator of the terminal facility failed to deploy any boom
20 equipment during such a transfer, including, but not limited
21 to, a bunkering operation, the civil penalty shall be $5,000.
22 (f) A person who is found by the hearing official to
23 have committed an infraction may appeal that finding to the
24 circuit court.
25 (g) Any person who has not posted bond and who fails
26 either to pay the civil penalty specified in paragraph (a)
27 within 30 days after receipt of the citation or to appear
28 before the court commits a misdemeanor of the second degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 Section 86. Section 377.22, Florida Statutes, is
31 amended to read:
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1 377.22 Rules, regulations, and orders.--
2 (1) The department shall provide, by rule rules and
3 regulations, for ratable takings in all pools on a reasonable
4 and equitable basis.
5 (2) The department shall adopt such rules and
6 regulations, and shall issue such orders and adopt rules
7 pursuant to ss. 120.54 and 120.536(1) to implement and enforce
8 the provisions of, governing all phases of the exploration,
9 drilling, and production of oil, gas, or other petroleum
10 products in the state, including exploration, drilling, and
11 production in the offshore waters of the state as may be
12 necessary for the proper administration and enforcement of
13 this chapter. Such rules, regulations, and orders shall
14 ensure that all precautions are taken to prevent the spillage
15 of oil or any other pollutant in all phases of the drilling
16 for, and extracting of, oil, gas, or other petroleum products.
17 The department shall revise such rules and regulations from
18 time to time as may be necessary for the proper administration
19 and enforcement of this chapter. Rules adopted, regulations,
20 and orders issued promulgated in accordance with this section
21 shall be for, but shall not be limited to, the following
22 purposes:
23 (a) To require the drilling, casing, and plugging of
24 wells to be done in such a manner as to prevent the pollution
25 of the fresh, salt, or brackish waters or the lands of the
26 state.
27 (b) To prevent the alteration of the sheet flow of
28 water in any area.
29 (c) To require that appropriate safety equipment be
30 installed to minimize the possibility of an escape of oil or
31 other petroleum products in the event of accident, human
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1 error, or a natural disaster during drilling, casing, or
2 plugging of any well and during extraction operations.
3 (d) To require the drilling, casing, and plugging of
4 wells to be done in such a manner as to prevent the escape of
5 oil or other petroleum products from one stratum to another.
6 (e) To prevent the intrusion of water into an oil or
7 gas stratum from a separate stratum, except as provided by
8 rules of the division relating to the injection of water for
9 proper reservoir conservation and brine disposal.
10 (f) To require a reasonable bond, or other form of
11 security acceptable to the department, conditioned upon the
12 performance of the duty to plug properly each dry and
13 abandoned well and the full and complete restoration by the
14 applicant of the area over which geophysical exploration,
15 drilling, or production is conducted to the similar contour
16 and general condition in existence prior to such operation.
17 (g) To require and carry out a reasonable program of
18 monitoring or inspection of all drilling operations or
19 producing wells, including regular inspections by division
20 personnel.
21 (h) To require the making of reports showing the
22 location of all oil and gas wells; the making and filing of
23 logs; the taking and filing of directional surveys; the filing
24 of electrical, sonic, radioactive, and mechanical logs of oil
25 and gas wells; if taken, the saving of cutting and cores, the
26 cuts of which shall be given to the Bureau of Geology; and the
27 making of reports with respect to drilling and production
28 records. However, such information, or any part thereof, at
29 the request of the operator, shall be exempt from the
30 provisions of s. 119.07(1) and held confidential by the
31
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1 division for a period of 1 year after the completion of a
2 well.
3 (i) To prevent wells from being drilled, operated, or
4 produced in such a manner as to cause injury to neighboring
5 leases or property.
6 (j) To prevent the drowning by water of any stratum,
7 or part thereof, capable of producing oil or gas in paying
8 quantities and to prevent the premature and irregular
9 encroachment of water which reduces, or tends to reduce, the
10 total ultimate recovery of oil or gas from any pool.
11 (k) To require the operation of wells with efficient
12 gas-oil ratio, and to fix such ratios.
13 (l) To prevent "blowouts," "caving," and "seepage," in
14 the sense that conditions indicated by such terms are
15 generally understood in the oil and gas business.
16 (m) To prevent fires.
17 (n) To identify the ownership of all oil or gas wells,
18 producing leases, refineries, tanks, plants, structures, and
19 storage and transportation equipment and facilities.
20 (o) To regulate the "shooting," perforating and
21 chemical treatment of wells.
22 (p) To regulate secondary recovery methods, including
23 the introduction of gas, air, water, or other substance into
24 producing formations.
25 (q) To regulate gas cycling operations.
26 (r) If necessary for the prevention of waste, as
27 herein defined, to determine, limit, and prorate the
28 production of oil or gas, or both, from any pool or field in
29 the state.
30 (s) To require, either generally or in or from
31 particular areas, certificates of clearance or tenders in
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1 connection with the transportation or delivery of oil or gas,
2 or any product.
3 (t) To regulate the spacing of wells and to establish
4 drilling units.
5 (u) To prevent, so far as is practicable, reasonably
6 avoidable drainage from each developed unit which is not
7 equalized by counterdrainage.
8 (v) To require that geophysical operations requiring a
9 permit be conducted in a manner which will minimize the impact
10 on hydrology and biota of the area, especially environmentally
11 sensitive lands and coastal areas.
12 (w) To regulate aboveground crude oil storage tanks in
13 a manner which will protect the water resources of the state.
14 (x) To act in a receivership capacity for fractional
15 mineral interests for which the owners are unknown or
16 unlocated and to administratively designate the operator as
17 the lessee.
18 Section 87. Paragraph (g) of subsection (3) of section
19 377.703, Florida Statutes, is amended to read:
20 377.703 Additional functions of the Department of
21 Community Affairs; energy emergency contingency plan; federal
22 and state conservation programs.--
23 (3) DEPARTMENT OF COMMUNITY AFFAIRS; DUTIES.--The
24 Department of Community Affairs shall, in addition to assuming
25 the duties and responsibilities provided by ss. 20.18 and
26 377.701, perform the following functions consistent with the
27 development of a state energy policy:
28 (g) The department has authority to adopt rules
29 pursuant to ss. 120.54 and 120.536(1) to implement the
30 provisions of is authorized to make any rules or regulations
31
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1 pursuant to chapter 120 as are necessary to carry out the
2 purposes of this act.
3 Section 88. Paragraph (d) of subsection (1) of section
4 378.205, Florida Statutes, is amended to read:
5 378.205 Administration; powers and duties of the
6 department; agency review responsibility.--
7 (1) The department shall administer the provisions of
8 this part and shall have the following powers and duties:
9 (d) To adopt those rules pursuant to ss. 120.54 and
10 120.536(1) necessary to implement the provisions of administer
11 this part.
12 Section 89. Subsection (1) of section 378.404, Florida
13 Statutes, is amended to read:
14 378.404 Department of Environmental Protection; powers
15 and duties.--The department shall have the following powers
16 and duties:
17 (1) To adopt rules pursuant to ss. 120.54 and
18 120.536(1) procedural rules to implement the provisions of
19 this part.
20 Section 90. Paragraph (c) of subsection (22) of
21 section 380.05, Florida Statutes, is amended to read:
22 380.05 Areas of critical state concern.--
23 (22) All state agencies with rulemaking authority for
24 programs that affect a designated area of critical state
25 concern shall review those programs for consistency with the
26 purpose of the designation and principles for guiding
27 development, and shall adopt specific permitting standards and
28 criteria applicable in the designated area, or otherwise amend
29 the program, as necessary to further the purpose of the
30 designation.
31
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1 (c) The Administration Commission has authority to may
2 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
3 the provisions of this subsection.
4 Section 91. Paragraph (f) of subsection (4) of section
5 380.0651, Florida Statutes, is amended to read:
6 380.0651 Statewide guidelines and standards.--
7 (4) Two or more developments, represented by their
8 owners or developers to be separate developments, shall be
9 aggregated and treated as a single development under this
10 chapter when they are determined to be part of a unified plan
11 of development and are physically proximate to one other.
12 (f) Pursuant to chapter 120, The state land planning
13 agency has authority to adopt rules pursuant to ss. 120.54 and
14 120.536(1) to implement the provisions of shall adopt rules as
15 necessary to implement this subsection.
16 Section 92. Subsection (13) of section 381.0011,
17 Florida Statutes, is amended to read:
18 381.0011 Duties and powers of the Department of
19 Health.--It is the duty of the Department of Health to:
20 (13) Adopt, repeal, and amend rules pursuant to ss.
21 120.54 and 120.536(1) to implement the provisions of law
22 conferring duties upon it consistent with law. This
23 subsection does not authorize the department to require a
24 permit or license unless such requirement is specifically
25 provided by law.
26 Section 93. Section 384.33, Florida Statutes, is
27 amended to read:
28 384.33 Rules.--The department may adopt rules pursuant
29 to ss. 120.54 and 120.536(1) to implement carry out the
30 provisions of this chapter.
31
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1 Section 94. Subsection (12) of section 391.026,
2 Florida Statutes, is amended to read:
3 391.026 Powers and duties of the department.--To
4 administer its programs of children's medical services, the
5 department shall have the following powers, duties, and
6 responsibilities:
7 (12) To adopt rules pursuant to ss. 120.54 and
8 120.536(1) to implement make rules to carry out the provisions
9 of this act.
10 Section 95. Section 392.66, Florida Statutes, is
11 amended to read:
12 392.66 Rules.--The department shall adopt rules
13 pursuant to ss. 120.54 and 120.536(1) to implement carry out
14 the provisions of this chapter.
15 Section 96. Subsection (1) of section 394.879, Florida
16 Statutes, is amended to read:
17 394.879 Rules; enforcement.--
18 (1) The department shall adopt reasonable rules
19 pursuant to ss. 120.54 and 120.536(1) to implement the
20 provisions of this chapter, including, at a minimum, rules
21 providing standards to ensure that:
22 (a) Sufficient numbers and types of qualified
23 personnel are on duty and available at all times to provide
24 necessary and adequate client safety and care.
25 (b) Adequate space is provided each client of a
26 licensed facility.
27 (c) Licensed facilities are limited to an appropriate
28 number of beds.
29 (d) Each licensee establishes and implements adequate
30 infection control, housekeeping, sanitation, disaster
31 planning, and medical recordkeeping.
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1 (e) Licensed facilities are established, organized,
2 and operated in accordance with programmatic standards of the
3 department.
4 Section 97. Subsection (1) of section 395.1055,
5 Florida Statutes, is amended to read:
6 395.1055 Rules and enforcement.--
7 (1) The agency shall adopt, amend, promulgate, and
8 enforce rules pursuant to ss. 120.54 and 120.536(1) to
9 implement the provisions of this part, which shall include
10 reasonable and fair minimum standards for ensuring that:
11 (a) Sufficient numbers and qualified types of
12 personnel and occupational disciplines are on duty and
13 available at all times to provide necessary and adequate
14 patient care and safety.
15 (b) Infection control, housekeeping, sanitary
16 conditions, and medical record procedures that will adequately
17 protect patient care and safety are established and
18 implemented.
19 (c) A comprehensive emergency management plan is
20 prepared and updated annually. Such standards must be
21 included in the rules adopted by the agency after consulting
22 with the Department of Community Affairs. At a minimum, the
23 rules must provide for plan components that address emergency
24 evacuation transportation; adequate sheltering arrangements;
25 postdisaster activities, including emergency power, food, and
26 water; postdisaster transportation; supplies; staffing;
27 emergency equipment; individual identification of residents
28 and transfer of records, and responding to family inquiries.
29 The comprehensive emergency management plan is subject to
30 review and approval by the local emergency management agency.
31 During its review, the local emergency management agency shall
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1 ensure that the following agencies, at a minimum, are given
2 the opportunity to review the plan: the Department of Elderly
3 Affairs, the Department of Health and Rehabilitative Services,
4 the Agency for Health Care Administration, and the Department
5 of Community Affairs. Also, appropriate volunteer
6 organizations must be given the opportunity to review the
7 plan. The local emergency management agency shall complete
8 its review within 60 days and either approve the plan or
9 advise the facility of necessary revisions.
10 (d) Facilities are structurally capable of serving as
11 shelters and equipped to be self-supporting during and
12 immediately following disasters.
13 (e) Construction, maintenance, repair, lifesafety, and
14 renovation of licensed facilities are governed by the most
15 recently adopted, nationally recognized lifesafety code,
16 except as may be specifically modified by rule.
17 (f) Licensed facilities are established, organized,
18 and operated consistent with established standards and rules.
19 (g) Licensed facility beds conform to minimum space,
20 equipment, and furnishings standards as specified by the
21 department.
22 (h) All hospitals submit such data as necessary to
23 conduct certificate-of-need reviews required under ss.
24 408.031-408.045. Such data shall include, but shall not be
25 limited to, patient origin data, hospital utilization data,
26 type of service reporting, and facility staffing data. The
27 agency shall not collect data that identifies or could
28 disclose the identity of individual patients. The agency shall
29 utilize existing uniform statewide data sources when available
30 and shall minimize reporting costs to hospitals.
31
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1 (i) Each hospital has a quality improvement program
2 designed according to standards established by their current
3 accrediting organization. This program will enhance quality of
4 care and emphasize quality patient outcomes, corrective action
5 for problems, governing board review, and reporting to the
6 agency of standardized data elements necessary to analyze
7 quality of care outcomes. The agency shall use existing data,
8 when available, and shall not duplicate the efforts of other
9 state agencies in order to obtain such data.
10 Section 98. Subsection (7) of section 403.061, Florida
11 Statutes, is amended to read:
12 403.061 Department; powers and duties.--The department
13 shall have the power and the duty to control and prohibit
14 pollution of air and water in accordance with the law and
15 rules adopted and promulgated by it and, for this purpose, to:
16 (7) Adopt rules pursuant to ss. 120.54 and 120.536(1)
17 to implement the provisions of, modify, and repeal rules and
18 regulations to carry out the intent and purposes of this act.
19 Any rule or regulation adopted pursuant to this act shall be
20 consistent with the provisions of federal law, if any,
21 relating to control of emissions from motor vehicles, effluent
22 limitations, pretreatment requirements, or standards of
23 performance. No county, municipality, or political subdivision
24 shall adopt or enforce any local ordinance, special law, or
25 local regulation requiring the installation of Stage II vapor
26 recovery systems, as currently defined by department rule,
27 unless such county, municipality, or political subdivision is
28 or has been in the past designated by federal regulation as a
29 moderate, serious, or severe ozone nonattainment area. Rules
30 adopted pursuant to this act shall not require dischargers of
31 waste into waters of the state to improve natural background
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1 conditions. Discharges from steam electric generating plants
2 existing or licensed under this chapter on July 1, 1984, shall
3 not be required to be treated to a greater extent than may be
4 necessary to assure that the quality of nonthermal components
5 of discharges from nonrecirculated cooling water systems is as
6 high as the quality of the makeup waters; that the quality of
7 nonthermal components of discharges from recirculated cooling
8 water systems is no lower than is allowed for blowdown from
9 such systems; or that the quality of noncooling system
10 discharges which receive makeup water from a receiving body of
11 water which does not meet applicable department water quality
12 standards is as high as the quality of the receiving body of
13 water. The department may not adopt standards more stringent
14 than federal regulations, except as provided in s. 403.804.
15
16 The department shall implement such programs in conjunction
17 with its other powers and duties and shall place special
18 emphasis on reducing and eliminating contamination that
19 presents a threat to humans, animals or plants, or to the
20 environment.
21 Section 99. Paragraph (a) of subsection (5) and
22 subsection (10) of section 403.1835, Florida Statutes, are
23 amended to read:
24 403.1835 Sewage treatment facilities revolving loan
25 program.--
26 (5)(a) The department has authority to adopt rules
27 pursuant to ss. 120.54 and 120.536(1) to implement the
28 provisions of is authorized to make rules necessary to carry
29 out the purpose of this section, including rules to administer
30 the state revolving fund authorized pursuant to the Federal
31 Water Pollution Control Act, as amended.
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1 (10)(a) Because the Legislature has experienced
2 revenue shortfalls in recent years and has been unable to
3 provide enough funds to fully match available federal funds to
4 help capitalize the Sewage Treatment Revolving Loan Fund, it
5 is necessary for innovative approaches to be considered to
6 help capitalize the revolving loan fund. The department shall
7 evaluate potential innovative approaches that can generate
8 funds to match available federal funds. The department shall
9 consider, among other possible alternatives, the option of
10 implementing by rule a program to allow local governments to
11 offer funds voluntarily to the state for use as a match to
12 available federal funds to capitalize the state sewage
13 treatment revolving loan fund.
14 (b) The department may adopt rules necessary to
15 administer this section.
16 Section 100. Subsection (1) of section 403.504,
17 Florida Statutes, is amended to read:
18 403.504 Department of Environmental Protection; powers
19 and duties enumerated.--The department shall have the
20 following powers and duties in relation to this act:
21 (1) To adopt, promulgate, or amend reasonable rules
22 pursuant to ss. 120.54 and 120.536(1) to implement the
23 provisions of this act, including rules setting forth
24 environmental precautions to be followed in relation to the
25 location and operation of electrical power plants.
26 Section 101. Subsection (1) of section 403.523,
27 Florida Statutes, is amended to read:
28 403.523 Department of Environmental Protection; powers
29 and duties.--The department shall have the following powers
30 and duties:
31
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1 (1) To adopt or amend reasonable procedural rules
2 pursuant to ss. 120.54 and 120.536(1) to implement the
3 provisions of this act and to adopt or amend rules to
4 implement the provisions of subsection (10).
5 Section 102. Subsection (15) of section 403.704,
6 Florida Statutes, is amended to read:
7 403.704 Powers and duties of the department.--The
8 department shall have responsibility for the implementation
9 and enforcement of the provisions of this act. In addition to
10 other powers and duties, the department shall:
11 (15) Adopt, repeal, or amend rules pursuant to ss.
12 120.54 and 120.536(1) to implement, administer, and enforce
13 the provisions of this act, including requirements for the
14 classification, construction, operation, maintenance, and
15 closure of solid waste management facilities and requirements
16 for, and conditions on, solid waste disposal in this state,
17 whether such solid waste is generated within this state or
18 outside this state as long as such requirements and conditions
19 are not based on the out-of-state origin of the waste and are
20 consistent with applicable provisions of law. When classifying
21 solid waste management facilities, the department shall
22 consider the hydrogeology of the site for the facility, the
23 types of wastes to be handled by the facility, and methods
24 used to control the types of waste to be handled by the
25 facility and shall seek to minimize the adverse effects of
26 solid waste management on the environment. Whenever the
27 department adopts any rule stricter or more stringent than one
28 which has been set by the United States Environmental
29 Protection Agency, the procedures set forth in s. 403.804(2)
30 shall be followed. The department shall not, however, adopt
31 hazardous waste rules for solid waste for which special
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1 studies were required prior to October 1, 1988, under s. 8002
2 of the Resource Conservation and Recovery Act, 42 U.S.C. s.
3 6982, as amended, until the studies are completed by the
4 United States Environmental Protection Agency and the
5 information is available to the department for consideration
6 in adopting its own rule.
7 Section 103. Subsection (4) of section 403.716,
8 Florida Statutes, is amended to read:
9 403.716 Training of operators of solid waste
10 management and other facilities.--
11 (4) The department has authority to may adopt rules
12 and minimum standards and other rules pursuant to ss. 120.54
13 and 120.536(1) to implement to effectuate the provisions of
14 this section. The department shall and to ensure the safe,
15 healthy, and lawful operation of solid waste management
16 facilities in this state. The department may establish by
17 rule various classifications for operators to cover the need
18 for differing levels of training required to operate various
19 types of solid waste management facilities due to different
20 operating requirements at such facilities.
21 Section 104. Subsection (1) of section 403.805,
22 Florida Statutes, is amended to read:
23 403.805 Secretary; powers and duties.--
24 (1) The secretary shall have the powers and duties of
25 heads of departments set forth in chapter 20, including the
26 authority power to adopt rules pursuant to ss. 120.54 and
27 120.536(1) to implement the provisions of under chapters 253,
28 373, and 376, and this chapter. The secretary shall have
29 rulemaking responsibility under chapter 120, but shall submit
30 any proposed rule containing standards to the Environmental
31 Regulation Commission for approval, modification, or
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CS/HB 1509, First Engrossed
1 disapproval pursuant to s. 403.804. The secretary shall
2 employ legal counsel to represent the department in matters
3 affecting the department. Except for appeals on permits
4 specifically assigned by this act to the Governor and Cabinet,
5 and unless otherwise prohibited by law, the secretary may
6 delegate the authority assigned to the department by this act
7 to the assistant secretary, division directors, and district
8 and branch office managers and to the water management
9 districts.
10 Section 105. Subsection (9) of section 403.861,
11 Florida Statutes, is amended to read:
12 403.861 Department; powers and duties.--The department
13 shall have the power and the duty to carry out the provisions
14 and purposes of this act and, for this purpose, to:
15 (9) Adopt rules pursuant to ss. 120.54 and 120.536(1)
16 to implement the provisions of, modify, and repeal such rules
17 as are necessary or appropriate to carry out its functions
18 under this act.
19 Section 106. Section 403.869, Florida Statutes, is
20 amended to read:
21 403.869 Authority to adopt rules.--The department may
22 adopt rules pursuant to ss. 120.54 and 120.536(1) necessary to
23 implement carry out the provisions of ss. 403.865-403.876.
24 Section 107. Subsection (1) of section 403.9404,
25 Florida Statutes, is amended to read:
26 403.9404 Department of Environmental Protection;
27 powers and duties.--The Department of Environmental Protection
28 shall have the following powers and duties:
29 (1) To adopt or amend reasonable procedural rules
30 pursuant to ss. 120.54 and 120.536(1) to implement the
31
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1 provisions of ss. 403.9401-403.9425 and to adopt or amend
2 rules to implement the provisions of subsection (8).
3 Section 108. Section 406.04, Florida Statutes, is
4 amended to read:
5 406.04 Rules and regulations.--The commission shall
6 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
7 the provisions of promulgate rules and regulations, pursuant
8 to chapter 120, necessary to effectuate this chapter. The
9 commission shall and to ensure minimum and uniform standards
10 of excellence, performance of duties, and maintenance of
11 records so as to provide useful and adequate information to
12 the state in regard to causative factors of those deaths
13 investigated.
14 Section 109. Subsection (8) of section 408.15, Florida
15 Statutes, is amended to read:
16 408.15 Powers of the agency.--In addition to the
17 powers granted to the agency elsewhere in this chapter, the
18 agency is authorized to:
19 (8) Adopt rules pursuant to ss. 120.54 and 120.536(1)
20 to implement, amend, and repeal all rules necessary to carry
21 out the provisions of this chapter.
22 Section 110. Section 414.45, Florida Statutes, is
23 amended to read:
24 414.45 Rulemaking.--The department has authority to
25 may adopt, amend, or repeal rules pursuant to ss. 120.54 and
26 120.536(1), as provided in chapter 120, to implement and,
27 enforce the provisions of, and interpret this chapter. The
28 Department of Labor and Employment Security may adopt, amend,
29 or repeal rules pursuant to ss. 120.54 and 120.536(1), as
30 provided in chapter 120, to implement and, enforce the
31 provisions of, and interpret this chapter. The rules must
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1 provide protection against discrimination and the opportunity
2 for a participant to request a review by a supervisor or
3 administrator of any decision made by a panel or board of the
4 department, the Department of Labor and Employment Security,
5 or the WAGES Program.
6 Section 111. Subsection (10) of section 427.013,
7 Florida Statutes, is amended to read:
8 427.013 The Commission for the Transportation
9 Disadvantaged; purpose and responsibilities.--The purpose of
10 the commission is to accomplish the coordination of
11 transportation services provided to the transportation
12 disadvantaged. The goal of this coordination shall be to
13 assure the cost-effective provision of transportation by
14 qualified community transportation coordinators or
15 transportation operators for the transportation disadvantaged
16 without any bias or presumption in favor of multioperator
17 systems or not-for-profit transportation operators over single
18 operator systems or for-profit transportation operators. In
19 carrying out this purpose, the commission shall:
20 (10) Adopt rules pursuant to ss. 120.54 and 120.536(1)
21 Develop and monitor rules and procedures to implement the
22 provisions of ss. 427.011-427.017.
23 Section 112. Section 430.08, Florida Statutes, is
24 amended to read:
25 430.08 Rulemaking.--The department shall adopt, amend,
26 or rescind such rules pursuant to ss. 120.54 and 120.536(1) to
27 implement as it deems necessary to carry out the provisions of
28 this chapter.
29 Section 113. Section 440.591, Florida Statutes, is
30 amended to read:
31
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1 440.591 Administrative procedure; rulemaking
2 authority.--The division has authority to adopt rules pursuant
3 to ss. 120.54 and 120.536(1) to implement the provisions of
4 shall have the authority to adopt rules to govern the
5 performance of any programs, duties, or responsibilities with
6 which it is charged under this chapter conferring duties upon
7 it.
8 Section 114. Paragraph (a) of subsection (2) of
9 section 443.171, Florida Statutes, is amended to read:
10 443.171 Division and commission; powers and duties;
11 rules; advisory council; records and reports.--
12 (2) RULES; DIVISION, SEAL.--
13 (a) The division has authority to adopt rules pursuant
14 to ss. 120.54 and 120.536(1) to implement the provisions of
15 shall have the power and authority to adopt, amend, or rescind
16 such rules as are necessary for the administration of this
17 chapter.
18 Section 115. Subsection (5) of section 455.203,
19 Florida Statutes, is amended to read:
20 455.203 Department; powers and duties.--The
21 department, for the boards under its jurisdiction, shall:
22 (5) Adopt all rules pursuant to ss. 120.54 and
23 120.536(1) necessary to implement the provisions of administer
24 this part.
25 Section 116. Subsection (5) of section 455.521,
26 Florida Statutes, is amended to read:
27 455.521 Department; powers and duties.--The
28 department, for the boards under its jurisdiction, shall:
29 (5) Adopt all rules pursuant to ss. 120.54 and
30 120.536(1) necessary to implement the provisions of administer
31 this part.
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1 Section 117. Section 457.104, Florida Statutes, is
2 amended to read:
3 457.104 Authority to make rules.--The board has
4 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
5 to implement provisions of is authorized to make rules not
6 inconsistent with law which are necessary to carry out the
7 duties and authority conferred upon the board by this chapter
8 conferring duties upon it.
9 Section 118. Subsection (1) of section 458.309,
10 Florida Statutes, is amended to read:
11 458.309 Authority to make rules.--
12 (1) The board has authority to adopt rules pursuant to
13 ss. 120.54 and 120.536(1) to implement the provisions of is
14 authorized to make such rules not inconsistent with law as may
15 be necessary to carry out the duties and authority conferred
16 upon the board by this chapter conferring duties upon it and
17 as may be necessary to protect the health, safety, and welfare
18 of the public.
19 Section 119. Section 459.005, Florida Statutes, is
20 amended to read:
21 459.005 Authority to make rules.--The board has
22 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
23 to implement the provisions of is authorized to make such
24 rules not inconsistent with law as may be necessary to carry
25 out the duties and authority conferred upon the board by this
26 chapter conferring duties upon it and as may be necessary to
27 protect the health, safety, and welfare of the public.
28 Section 120. Section 460.405, Florida Statutes, is
29 amended to read:
30 460.405 Authority to make rules.--The Board of
31 Chiropractic has authority to adopt rules pursuant to ss.
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1 120.54 and 120.536(1) to implement the provisions of is
2 authorized to make such rules not inconsistent with law as are
3 necessary to carry out the duties and authority conferred upon
4 the board by this chapter conferring duties upon it.
5 Section 121. Section 461.005, Florida Statutes, is
6 amended to read:
7 461.005 Authority to make rules.--The Board of
8 Podiatric Medicine has authority to adopt rules pursuant to
9 ss. 120.54 and 120.536(1) to implement the provisions of is
10 authorized to make such rules not inconsistent with law as are
11 necessary to carry out the duties and authority conferred upon
12 the board by this chapter conferring duties upon it and as may
13 be necessary to protect the health, safety, and welfare of the
14 public.
15 Section 122. Subsection (1) of section 463.005,
16 Florida Statutes, is amended to read:
17 463.005 Authority of the board.--
18 (1) The Board of Optometry has authority to adopt
19 rules pursuant to ss. 120.54 and 120.536(1) to implement the
20 provisions of is authorized to make such rules not
21 inconsistent with law as are necessary to carry out the duties
22 and authority conferred upon the board by this chapter
23 conferring duties upon it. Such rules shall include, but not
24 be limited to, rules relating to:
25 (a) Standards of practice, including, but not limited
26 to, those provided for in s. 463.0135.
27 (b) Minimum equipment which a licensed practitioner
28 shall at all times possess to engage in the practice of
29 optometry.
30 (c) Minimum procedures which shall constitute a visual
31 examination.
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1 (d) Procedures for the safekeeping and transfer of
2 prescription files or case records upon the discontinuance of
3 practice.
4 (e) Supervision of supportive personnel.
5 (f) Courses and procedures for continuing education.
6 (g) Administration and prescription of topical ocular
7 pharmaceutical agents.
8 Section 123. Section 464.006, Florida Statutes, is
9 amended to read:
10 464.006 Authority to make rules.--The Board of Nursing
11 has authority to adopt rules pursuant to ss. 120.54 and
12 120.536(1) to implement the provisions of is authorized to
13 make such rules not inconsistent with law as are necessary to
14 carry out the duties and authority conferred upon the board by
15 this chapter conferring duties upon it.
16 Section 124. Section 465.005, Florida Statutes, is
17 amended to read:
18 465.005 Authority to make rules.--The Board of
19 Pharmacy has authority to adopt rules pursuant to ss. 120.54
20 and 120.536(1) to implement the provisions of is authorized to
21 make such rules not inconsistent with law as are necessary to
22 carry out the duties and authority conferred upon the board by
23 this chapter conferring duties upon it.
24 Section 125. Subsection (1) of section 465.022,
25 Florida Statutes, is amended to read:
26 465.022 Pharmacies; general requirements; fees.--
27 (1) The board shall adopt such rules pursuant to ss.
28 120.54 and 120.536(1) to implement the provisions of this
29 chapter relating to pharmacies as are necessary to protect the
30 public health, safety, and welfare. Such rules shall include,
31 but shall not be limited to, rules relating to:
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1 (a) General drug safety measures.
2 (b) Minimum standards for the physical facilities of
3 pharmacies.
4 (c) Safe storage of floor-stock drugs.
5 (d) Functions of a pharmacist in an institutional
6 pharmacy, consistent with the size and scope of the pharmacy.
7 (e) Procedures for the safe storage and handling of
8 radioactive drugs.
9 (f) Procedures for the distribution and disposition of
10 medicinal drugs distributed pursuant to s. 499.028.
11 (g) Procedures for transfer of prescription files and
12 medicinal drugs upon the change of ownership or closing of a
13 pharmacy.
14 (h) Minimum equipment which a pharmacy shall at all
15 times possess to fill prescriptions properly.
16 Section 126. Subsection (4) of section 466.004,
17 Florida Statutes, is amended to read:
18 466.004 Board of Dentistry.--
19 (4) The board is authorized to adopt all rules
20 pursuant to ss. 120.54 and 120.536(1) necessary to implement
21 carry out the provisions of this chapter and chapter 455,
22 including the establishment of a fee to defray the cost of
23 duplicating any license certification or permit, not to exceed
24 $10 per duplication.
25 Section 127. Section 466.038, Florida Statutes, is
26 amended to read:
27 466.038 Rules.--The department may, upon consultation
28 with the Board of Dentistry and industry representatives of
29 the dental laboratory profession, has authority to adopt rules
30 pursuant to ss. 120.54 and 120.536(1) promulgate all rules
31
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1 necessary to enforce the provisions of this chapter pertaining
2 to and regulating dental laboratories.
3 Section 128. Section 467.005, Florida Statutes, is
4 amended to read:
5 467.005 Authority to make rules.--The department has
6 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
7 to implement the provisions of is authorized to promulgate
8 such rules not inconsistent with law as may be necessary to
9 carry out the duties and authority conferred on the department
10 by this chapter conferring duties upon it and as may be
11 necessary to protect the health, safety, and welfare of the
12 public. The rules shall include, but not be limited to, the
13 allowable scope of midwifery practice regarding use of
14 equipment, procedures, and medication.
15 Section 129. Paragraph (a) of subsection (4) of
16 section 468.1135, Florida Statutes, is amended to read:
17 468.1135 Board of Speech-Language Pathology and
18 Audiology.--
19 (4)(a) The board has authority to adopt rules pursuant
20 to ss. 120.54 and 120.536(1) to implement the provisions of is
21 authorized to adopt such rules not inconsistent with law as
22 may be necessary to carry out the duties and authority
23 conferred upon the board by this part conferring duties upon
24 it.
25 Section 130. Subsection (1) of section 468.1685,
26 Florida Statutes, is amended to read:
27 468.1685 Powers and duties of board and
28 department.--It is the function and duty of the board,
29 together with the department, to:
30 (1) Adopt rules pursuant to ss. 120.54 and 120.536(1)
31 to implement the provisions of Make such rules not
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1 inconsistent with law as are necessary to carry out the duties
2 and authority conferred upon the board by this part conferring
3 duties upon the board.
4 Section 131. Section 468.204, Florida Statutes, is
5 amended to read:
6 468.204 Authority to adopt rules.--The board has
7 authority to may adopt such rules pursuant to ss. 120.54 and
8 120.536(1) to implement the provisions of not inconsistent
9 with law as may be necessary to carry out the duties and
10 authority conferred upon the board by this part conferring
11 duties upon it and as may be necessary to protect the health,
12 safety, and welfare of the public.
13 Section 132. Subsection (2) of section 468.384,
14 Florida Statutes, is amended to read:
15 468.384 Florida Board of Auctioneers.--
16 (2) The board has authority to may adopt such rules
17 pursuant to ss. 120.54 and 120.536(1) to implement the
18 provisions of, not inconsistent with law, as may be necessary
19 to carry out the duties and authority conferred upon the board
20 by this act conferring duties upon it and as may be necessary
21 to protect the health, safety, and welfare of the public.
22 Section 133. Subsection (3) of section 468.402,
23 Florida Statutes, is amended to read:
24 468.402 Duties of the department; authority to issue
25 and revoke license; adoption of rules.--
26 (3) The department has authority to may adopt
27 reasonable rules pursuant to ss. 120.54 and 120.536(1) to
28 implement the provisions of for its own government in the
29 exercise of its powers under this part and for the conduct of
30 the business of talent agencies as specified by this part, and
31 the department may amend such rules at its pleasure.
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1 Section 134. Section 468.507, Florida Statutes, is
2 amended to read:
3 468.507 Authority to adopt rules.--The board has
4 authority to may adopt such rules pursuant to ss. 120.54 and
5 120.536(1) to implement the provisions of not inconsistent
6 with law as may be necessary to carry out the duties and
7 authority conferred upon the board by this part and chapter
8 455 conferring duties upon it. The powers and duties of the
9 board as set forth in this part shall in no way limit or
10 interfere with the powers and duties of the board as set forth
11 in chapter 458. All powers and duties of the board set forth
12 in this part shall be supplemental and additional powers and
13 duties to those conferred upon the board by chapter 458.
14 Section 135. Section 468.522, Florida Statutes, is
15 amended to read:
16 468.522 Rules of the board.--The board has authority
17 to shall adopt all rules pursuant to ss. 120.54 and 120.536(1)
18 necessary to implement the provisions of administer this part.
19 Every licensee shall be governed and controlled by this part
20 and the rules adopted by the board.
21 Section 136. Subsection (1) of section 468.606,
22 Florida Statutes, is amended to read:
23 468.606 Authority of the board.--The board is
24 authorized to:
25 (1) Adopt rules pursuant to ss. 120.54 and 120.536(1)
26 as necessary to implement carry out the provisions of this
27 part.
28 Section 137. Section 468.705, Florida Statutes, is
29 amended to read:
30 468.705 Rulemaking authority.--The department is
31 authorized to adopt such rules pursuant to ss. 120.54 and
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1 120.536(1) to implement provisions of not inconsistent with
2 law as may be necessary to carry out the duties and authority
3 conferred on the department by this part conferring duties
4 upon it and as may be necessary to protect the health, safety,
5 and welfare of the public. Such rules shall include, but not
6 be limited to, the allowable scope of practice regarding the
7 use of equipment, procedures, and medication.
8 Section 138. Section 468.802, Florida Statutes, is
9 amended to read:
10 468.802 Authority to adopt rules.--The board shall
11 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
12 the provisions of administer this act, including rules
13 relating to standards of practice for orthotists,
14 prosthetists, and pedorthists.
15 Section 139. Subsection (1) of section 470.005,
16 Florida Statutes, is amended to read:
17 470.005 Rulemaking authority of board and
18 department.--
19 (1) The board has authority to adopt rules pursuant to
20 ss. 120.54 and 120.536(1) to implement the provisions of is
21 authorized to adopt rules not inconsistent with law as may be
22 necessary to carry out the duties and authority conferred upon
23 the board by this chapter conferring duties upon it and as may
24 be necessary to protect the health, safety, and welfare of the
25 public. The department has authority to adopt rules pursuant
26 to ss. 120.54 and 120.536(1) to implement the provisions of is
27 authorized to adopt rules not inconsistent with law as may be
28 necessary to carry out the duties and authority conferred upon
29 the department by this chapter conferring duties upon it and
30 as may be necessary to protect the health, safety, and welfare
31 of the public.
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1 Section 140. Section 471.008, Florida Statutes, is
2 amended to read:
3 471.008 Rules of the board.--The board has authority
4 to may adopt such rules pursuant to ss. 120.54 and 120.536(1)
5 to implement provisions of not inconsistent with law as may be
6 necessary to carry out the duties and authority conferred upon
7 the board by this chapter or chapter 455 conferring duties
8 upon it.
9 Section 141. Section 472.008, Florida Statutes, is
10 amended to read:
11 472.008 Rules of the board.--The board has authority
12 to adopt rules pursuant to ss. 120.54 and 120.536(1) to
13 implement the provisions of shall adopt such rules not
14 inconsistent with law as may be necessary to carry out the
15 duties and authority conferred upon the board by this chapter
16 conferring duties upon it.
17 Section 142. Subsection (1) of section 473.304,
18 Florida Statutes, is amended to read:
19 473.304 Rules of board; powers and duties; legal
20 services.--
21 (1) The board shall adopt all rules pursuant to ss.
22 120.54 and 120.536(1) necessary to implement the provisions of
23 administer this act. Every licensee shall be governed and
24 controlled by this act and the rules adopted by the board.
25 Section 143. Section 474.206, Florida Statutes, is
26 amended to read:
27 474.206 Authority to make rules.--The board has
28 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
29 to implement the provisions of is authorized to make such
30 rules not inconsistent with law as may be necessary to carry
31 out the duties and authority conferred upon the board by this
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1 chapter conferring duties upon it and as may be necessary to
2 protect the health, safety, and welfare of the public.
3 Section 144. Section 475.05, Florida Statutes, is
4 amended to read:
5 475.05 Power of commission to enact bylaws and, rules,
6 and regulations and decide questions of practice.--The
7 commission may enact bylaws and regulations for its own
8 government and adopt rules pursuant to ss. 120.54 and
9 120.536(1) to implement the provisions of law conferring
10 powers or duties upon it rules in the exercise of its powers,
11 not in conflict with the constitution and laws of the United
12 States or of this state, and amend the same at its pleasure.
13 The commission may decide questions of practice arising in the
14 proceedings before it, having regard to this chapter and the
15 rules then in force. Printed copies of rules, or written
16 copies under the seal of the commission, shall be prima facie
17 evidence of their existence and substance, and the courts
18 shall judicially notice such rules. The conferral or
19 enumeration of specific powers elsewhere in this chapter shall
20 not be construed as a limitation of the general powers
21 conferred by this section.
22 Section 145. Section 475.614, Florida Statutes, is
23 amended to read:
24 475.614 Power of board to adopt enact rules and decide
25 questions of practice.--The board has authority to adopt rules
26 pursuant to ss. 120.54 and 120.536(1) to implement provisions
27 of law conferring duties upon it may enact rules for its own
28 government and rules in the exercise of its powers, not in
29 conflict with the constitutions and laws of the United States
30 and this state, and may amend such rules at its pleasure. The
31 board may decide questions of practice arising in the
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1 proceedings before it, having regard to this section and the
2 rules then in force.
3 Section 146. Subsection (4) of section 476.064,
4 Florida Statutes, is amended to read:
5 476.064 Organization; headquarters; personnel;
6 meetings.--
7 (4) The board has authority to adopt rules pursuant to
8 ss. 120.54 and 120.536(1) to implement is authorized to adopt
9 rules in accordance with the provisions of chapter 120 to
10 carry out the provisions of this chapter.
11 Section 147. Section 477.016, Florida Statutes, is
12 amended to read:
13 477.016 Rulemaking.--The board has authority to adopt
14 rules pursuant to ss. 120.54 and 120.536(1) to implement the
15 provisions of is authorized to adopt such rules not
16 inconsistent with law as may be necessary to carry out the
17 duties and authority conferred upon the board by this chapter
18 conferring duties upon it.
19 Section 148. Subsection (1) of section 478.43, Florida
20 Statutes, is amended to read:
21 478.43 Board of Medicine; powers and duties.--
22 (1) The board, with the assistance of the Electrolysis
23 Council, is authorized to establish minimum standards for the
24 delivery of electrolysis services and to adopt rules pursuant
25 to ss. 120.54 and 120.536(1) necessary to implement administer
26 the provisions of this chapter.
27 Section 149. Subsection (7) of section 480.035,
28 Florida Statutes, is amended to read:
29 480.035 Board of Massage Therapy.--
30 (7) The board has authority to adopt rules pursuant to
31 ss. 120.54 and 120.536(1) to implement the provisions of shall
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1 promulgate such rules as are necessary to implement this
2 chapter.
3 Section 150. Section 481.2055, Florida Statutes, is
4 amended to read:
5 481.2055 Authority to make rules.--The board has
6 authority to may adopt such rules pursuant to ss. 120.54 and
7 120.536(1) to implement provisions of, not inconsistent with
8 law, as may be necessary to carry out the duties and authority
9 conferred upon the board by this part and chapter 455
10 conferring duties upon it.
11 Section 151. Section 481.306, Florida Statutes, is
12 amended to read:
13 481.306 Authority to make rules.--The board has
14 authority to may adopt such rules pursuant to ss. 120.54 and
15 120.536(1) to implement the provisions of, not inconsistent
16 with law, as may be necessary to carry out the duties and
17 authority conferred upon the board by this chapter and chapter
18 455 conferring duties upon it.
19 Section 152. Section 482.051, Florida Statutes, is
20 amended to read:
21 482.051 Rules.--The department has authority to shall
22 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
23 the provisions of to carry out the intent and purpose of this
24 chapter. Prior to proposing the adoption of a rule, the
25 department shall counsel with members of the pest control
26 industry concerning the proposed rule. The department shall
27 adopt rules for the protection of the health, safety, and
28 welfare of pest control employees and the general public, in
29 conformity with this chapter and chapter 120, which require:
30 (1) That all pesticides or economic poisons be used
31 only in accordance with the registered labels and labeling or
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1 as directed by the United States Environmental Protection
2 Agency or the department.
3 (2) That vehicles and trailers used in pest control be
4 permanently marked with the licensee's name that is registered
5 with the department.
6 (3) That written contracts be required for providing
7 termites and other wood-destroying organisms pest control,
8 that provisions necessary to assure consumer protection as
9 specified by the department be included in such contracts, and
10 that require licensees to comply with the contracts issued.
11 (4) That a licensee, before performing general
12 fumigation, notify in writing the department inspector having
13 jurisdiction over the location where the fumigation is to be
14 performed, which notice must be received by the department
15 inspector at least 24 hours in advance of the fumigation and
16 must contain such information as the department requires.
17 However, in an authentic and verifiable emergency, when 24
18 hours' advance notification is not possible, advance telephone
19 or telegraph notice may be given; but such notice must be
20 immediately followed by written confirmation providing the
21 required information.
22 (5) That any pesticide used for preconstruction soil
23 treatments for the prevention of subterranean termites be
24 applied in the amount, concentration, and treatment area in
25 accordance with the label; that a copy of the label of the
26 registered pesticide being applied be carried in a vehicle at
27 the site where the pesticide is being applied; and that the
28 licensee maintain for 3 years the record of each
29 preconstruction soil treatment, indicating the date of
30 treatment, the location or address of the property treated,
31 the total square footage of the structure treated, the type of
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1 pesticide applied, the concentration of each substance in the
2 mixture applied, and the total amount of pesticide applied.
3 Section 153. Subsection (4) of section 483.805,
4 Florida Statutes, is amended to read:
5 483.805 Board of Clinical Laboratory Personnel.--
6 (4) The board has authority to adopt rules pursuant to
7 ss. 120.54 and 120.536(1) to implement the provisions of is
8 authorized to adopt such rules not inconsistent with law as
9 may be necessary to carry out the duties and authority
10 conferred upon the board by this part conferring duties upon
11 it.
12 Section 154. Section 484.005, Florida Statutes, is
13 amended to read:
14 484.005 Authority to make rules.--The board has
15 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
16 to implement the provisions of is authorized to make such
17 rules not inconsistent with law as may be necessary to carry
18 out the duties and authority conferred upon it by this part
19 conferring duties upon it and as may be necessary to protect
20 the health, safety, and welfare of the public. Such rules
21 shall include, but not be limited to, rules relating to:
22 (1) A standard of practice for opticians licensed
23 pursuant to this part.
24 (2) Minimum equipment which shall be utilized to
25 prepare, fit, measure, and dispense lenses, spectacles,
26 eyeglasses, contact lenses, and other optical devices allowed
27 under the practice of opticianry.
28 (3) Procedures for transfer of prescription files upon
29 the going out of business of an optician, corporation, or
30 other person.
31
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1 (4) A standard of practice for filling prescriptions
2 for contact lenses and fitting, adapting, and dispensing
3 contact lenses.
4 Section 155. Subsection (1) of section 484.044,
5 Florida Statutes, is amended to read:
6 484.044 Authority to make rules.--
7 (1) The board has authority to adopt rules pursuant to
8 ss. 120.54 and 120.536(1) to implement the provisions of is
9 authorized to make such rules not inconsistent with law as may
10 be necessary to carry out the duties and authority conferred
11 upon the board by this part conferring duties upon it.
12 Section 156. Section 486.025, Florida Statutes, is
13 amended to read:
14 486.025 Powers and duties of the Board of Physical
15 Therapy Practice.--The board may administer oaths, summon
16 witnesses, take testimony in all matters relating to its
17 duties under this chapter, establish or modify minimum
18 standards of practice, and adopt or amend rules pursuant to
19 ss. 120.54 and 120.536(1) necessary to implement the
20 provisions of administer this chapter. The board may also
21 review the standing and reputability of any school or college
22 offering courses in physical therapy and whether the courses
23 of such school or college in physical therapy meet the
24 standards established by the appropriate accrediting agency
25 referred to in s. 486.031(3)(a). In determining the standing
26 and reputability of any such school and whether the school and
27 courses meet such standards, the board may investigate and
28 make personal inspection of the same.
29 Section 157. Section 488.02, Florida Statutes, is
30 amended to read:
31
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1 488.02 Rules and regulations.--The Department of
2 Highway Safety and Motor Vehicles has authority to adopt rules
3 pursuant to ss. 120.54 and 120.536(1) is authorized to adopt
4 rules and regulations necessary to implement the provisions of
5 this chapter.
6 Section 158. Section 489.108, Florida Statutes, is
7 amended to read:
8 489.108 Rulemaking authority of the board.--The board
9 has authority to adopt rules pursuant to ss. 120.54 and
10 120.536(1) to implement the provisions of is authorized to
11 make such rules not inconsistent with law which are necessary
12 to carry out the duties and authority conferred upon it by
13 this chapter conferring duties upon it.
14 Section 159. Subsection (3) of section 489.507,
15 Florida Statutes, is amended to read:
16 489.507 Electrical Contractors' Licensing Board.--
17 (3) The board has authority to adopt rules pursuant to
18 ss. 120.54 and 120.536(1) to implement shall have the
19 authority to make rules, consistent with law, as necessary to
20 carry out the provisions of this part.
21 Section 160. Subsection (4) of section 490.004,
22 Florida Statutes, is amended to read:
23 490.004 Board of Psychology.--
24 (4) The board shall adopt rules pursuant to ss. 120.54
25 and 120.536(1) to implement the provisions of this chapter.
26 Section 161. Subsection (5) of section 491.004,
27 Florida Statutes, is amended to read:
28 491.004 Board of Clinical Social Work, Marriage and
29 Family Therapy, and Mental Health Counseling.--
30
31
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1 (5) The board shall adopt rules pursuant to ss. 120.54
2 and 120.536(1) to implement and enforce the provisions of this
3 chapter.
4 Section 162. Section 492.104, Florida Statutes, is
5 amended to read:
6 492.104 Authority to make rules.--The Board of
7 Professional Geologists has authority to adopt rules pursuant
8 to ss. 120.54 and 120.536(1) to implement is authorized to
9 make such rules not inconsistent with law as may be necessary
10 to carry out the duties and authority conferred upon the board
11 by ss. 492.101-492.1165. Every licensee shall be governed and
12 controlled by ss. 492.101-492.1165 and the rules adopted by
13 the board. The board is authorized to set, by rule, fees for
14 application, examination, certificate of authorization, late
15 renewal, initial licensure, and license renewal. These fees
16 should not exceed the cost of implementing the application,
17 examination, initial licensure, and license renewal or other
18 administrative process.
19 (1) The application fee shall not exceed $150 and
20 shall be nonrefundable.
21 (2) The examination fee shall not exceed $250 and
22 shall be refundable if the applicant is found to be ineligible
23 to take the licensure examination.
24 (3) The initial license fee shall not exceed $100.
25 (4) The biennial renewal fee shall not exceed $150.
26 (5) The fee for a certificate of authorization shall
27 not exceed $350 and the fee for renewal of the certificate
28 shall not exceed $350.
29 (6) The fee for reactivation of an inactive license
30 shall not exceed $50.
31
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1 (7) The fee for a provisional license shall not exceed
2 $400.
3 (8) The fee for application, examination, and
4 licensure for a license by endorsement shall be as provided in
5 this section for licenses in general.
6 Section 163. Subsection (2) of section 494.0011,
7 Florida Statutes, is amended to read:
8 494.0011 Powers and duties of the department.--
9 (2) The department has authority to may adopt rules
10 pursuant to ss. 120.54 and 120.536(1) to implement and perform
11 other acts necessary for the proper administration,
12 enforcement, and interpretation of ss. 494.001-494.0077.
13 Section 164. Section 496.424, Florida Statutes, is
14 amended to read:
15 496.424 Rulemaking authority.--The department has the
16 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
17 chapter 120 to implement the provisions of ss. 496.401-496.424
18 or s. 496.426.
19 Section 165. Subsection (1) of section 497.103,
20 Florida Statutes, is amended to read:
21 497.103 Rulemaking authority of board and
22 department.--
23 (1) The board has authority to adopt rules pursuant to
24 ss. 120.54 and 120.536(1) to implement provisions of is
25 authorized to adopt rules not inconsistent with law as may be
26 necessary to carry out the duties and authority conferred upon
27 the board by this chapter conferring duties upon it and as may
28 be necessary to protect the health, safety, and welfare of the
29 public. The department may adopt rules pursuant to ss. 120.54
30 and 120.536(1) to administer provisions of is authorized to
31 adopt rules not inconsistent with law as may be necessary to
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1 carry out the duties and authority conferred upon the
2 department by this chapter conferring duties upon it and as
3 may be necessary to protect the health, safety, and welfare of
4 the public.
5 Section 166. Subsection (5) of section 497.105,
6 Florida Statutes, is amended to read:
7 497.105 Department of Banking and Finance; powers and
8 duties.--The Department of Banking and Finance shall:
9 (5) Adopt all rules pursuant to ss. 120.54 and
10 120.536(1) necessary to implement the provisions of administer
11 the department's duties under this chapter conferring duties
12 upon it.
13 Section 167. Subsection (1) of section 498.007,
14 Florida Statutes, is amended to read:
15 498.007 General powers and duties.--
16 (1) The division has authority to may adopt, amend, or
17 repeal reasonable rules pursuant to ss. 120.54 and 120.536(1)
18 to administer the as necessary to carry out all provisions of
19 this act, pursuant to the Administrative Procedure Act.
20 Section 168. Paragraph (a) of subsection (6) of
21 section 500.459, Florida Statutes, is amended to read:
22 500.459 Water vending machines.--
23 (6) DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.--
24 (a) The department has authority to may adopt such
25 additional rules pursuant to ss. 120.54 and 120.536(1) to
26 implement the provisions of not inconsistent with law as may
27 be necessary to carry out the duties and authority conferred
28 on the department by this section conferring duties upon it or
29 as may be necessary to protect the health, safety, and welfare
30 of the public.
31
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1 Section 169. Subsection (2) of section 501.014,
2 Florida Statutes, is amended to read:
3 501.014 Health studios; powers and duties of the
4 department.--
5 (2) The department has the authority to adopt rules
6 pursuant to ss. 120.54 and 120.536(1) chapter 120 to implement
7 ss. 501.012-501.019.
8 Section 170. Subsection (12) of section 501.143,
9 Florida Statutes, is amended to read:
10 501.143 Dance Studio Act.--
11 (12) RULEMAKING AUTHORITY.--The department has the
12 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
13 chapter 120 to implement this section.
14 Section 171. Section 501.626, Florida Statutes, is
15 amended to read:
16 501.626 Rulemaking power.--The department has the
17 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
18 chapter 120 to implement this part.
19 Section 172. Subsection (7) of section 502.014,
20 Florida Statutes, is amended to read:
21 502.014 Powers and duties.--
22 (7) The department has authority to may adopt rules
23 pursuant to ss. 120.54 and 120.536(1) to implement and enforce
24 the provisions as necessary for the implementation and
25 enforcement of this chapter. In adopting these rules, the
26 department shall be guided by and may conform to the
27 definitions and standards of the administrative procedures and
28 provisions of the pasteurized milk ordinance. The rules shall
29 include, but are not limited to:
30 (a) Standards for milk and milk products.
31
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1 (b) Provisions for the production, transportation,
2 processing, handling, sampling, examination, grading,
3 labeling, and sale of all milk and milk products and imitation
4 and substitute milk and milk products sold for public
5 consumption in this state.
6 (c) Provisions for the inspection of dairy herds,
7 dairy farms, and milk plants.
8 (d) Provisions for the issuance and revocation of
9 permits issued by the department pursuant to this chapter.
10 Section 173. Subsection (1) of section 503.031,
11 Florida Statutes, is amended to read:
12 503.031 Powers of department.--The department may:
13 (1) Adopt rules pursuant to ss. 120.54 and 120.536(1)
14 necessary to implement administer and enforce the provisions
15 of this chapter. The rules must, to the extent possible,
16 conform to applicable federal requirements.
17 Section 174. Section 504.32, Florida Statutes, is
18 amended to read:
19 504.32 Rulemaking authority.--The department has
20 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
21 is authorized to prescribe and adopt all reasonable rules
22 which are needed to implement, make specific, and interpret
23 the provisions of this part in a manner consistent with rules
24 those of nationally recognized organic grower groups, such as
25 the Organic Food Producers Association of North America, after
26 such notice as may be required by chapter 120.
27 Section 175. Section 516.22, Florida Statutes, is
28 amended to read:
29 516.22 Rules Regulations; certified copies.--
30 (1) RULES REGULATIONS.--The department has authority
31 to adopt rules pursuant to ss. 120.54 and 120.536(1) to
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1 implement the provisions of law conferring duties upon it
2 shall have the power and authority to issue regulations.
3 (2) CERTIFIED COPIES OF OFFICIAL DOCUMENTS.--On
4 application of any person and payment of the costs thereof, at
5 the same rate and fees as allowed clerks of the circuit court
6 by statute, the department shall furnish a certified copy of
7 any license, regulation, or order. In any court or
8 proceeding, such copy shall be prima facie evidence of the
9 fact of the issuance of such license, regulation, or order.
10 Section 176. Subsection (3) of section 516.23, Florida
11 Statutes, is amended to read:
12 516.23 Subpoenas; enforcement actions; rules.--
13 (3) The department has authority to may adopt rules
14 pursuant to ss. 120.54 and 120.536(1) to implement the
15 provisions and perform such other acts as are necessary for
16 the proper administration, enforcement, and interpretation of
17 this chapter.
18 Section 177. Subsection (1) of section 517.03, Florida
19 Statutes, is amended to read:
20 517.03 Power of department to make rules.--
21 (1) The Department of Banking and Finance shall
22 administer and provide for the enforcement of all the
23 provisions of this chapter. The department has authority to
24 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
25 the provisions of shall make, adopt, promulgate, amend, and
26 repeal all rules necessary or convenient for the carrying out
27 of the duties, obligations, and powers conferred on said
28 department and perform any other acts necessary or convenient
29 for the proper administration, enforcement, or interpretation
30 of this chapter conferring powers or duties upon it,
31 including, without limitation, adopting rules and forms
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1 governing reports. The department shall also have the
2 nonexclusive power to define by rule any term, whether or not
3 used in this chapter, insofar as the definition is not
4 inconsistent with the provisions of this chapter.
5 Section 178. Subsection (5) of section 520.994,
6 Florida Statutes, is amended to read:
7 520.994 Powers of department.--
8 (5) The department shall administer and enforce this
9 chapter. The department has authority to may adopt rules
10 pursuant to ss. 120.54 and 120.536(1) to implement the
11 provisions and perform such other acts as are necessary or
12 convenient for the proper administration, enforcement, and
13 interpretation of this chapter.
14 Section 179. Section 526.09, Florida Statutes, is
15 amended to read:
16 526.09 Department to enforce law; rules and
17 regulations.--The Department of Agriculture and Consumer
18 Services shall enforce the provisions of this chapter. The
19 department has authority to adopt rules pursuant to ss. 120.54
20 and 120.536(1) to implement is authorized to adopt,
21 promulgate, and enforce such rules and regulations not
22 inconsistent with the provisions of this chapter as in its
23 judgment may be necessary to the proper enforcement of this
24 chapter.
25 Section 180. Subsection (3) of section 531.41, Florida
26 Statutes, is amended to read:
27 531.41 Powers and duties of the department.--The
28 department shall:
29 (3) Adopt reasonable rules pursuant to ss. 120.54 and
30 120.536(1) to implement, interpret, or make specific the
31
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1 provisions of this chapter, which rules shall have the force
2 and effect of law.
3
4 The provisions of this chapter and rules adopted thereunder
5 notwithstanding, scales routinely used by providers of weight
6 control services shall not be considered commercial weights
7 and measures when used to determine human weight or to compute
8 charges or payments for services rendered by such providers on
9 the basis of said weight, measure, or count.
10 Section 181. Subsection (2) of section 548.003,
11 Florida Statutes, is amended to read:
12 548.003 State Athletic Commission.--
13 (2) The State Athletic Commission, as created by
14 subsection (1), shall administer the provisions of this
15 chapter. The commission has authority to may adopt rules
16 pursuant to ss. 120.54 and 120.536(1) to implement the
17 provisions of this chapter.
18 Section 182. Section 553.76, Florida Statutes, is
19 amended to read:
20 553.76 General powers of the board.--The board is
21 authorized to:
22 (1) Adopt rules pursuant to ss. 120.54 and 120.536(1)
23 to implement the provisions Promulgate, in cooperation with
24 the department, rules and regulations for the administration
25 of this part, pursuant to chapter 120.
26 (2) Issue memoranda Provide rules of procedure for its
27 internal management and control.
28 (3) Enter into contracts and do such things as may be
29 necessary and incidental to the discharge of its
30 responsibilities under this part.
31
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1 Section 183. Subsection (3) of section 560.105,
2 Florida Statutes, is amended to read:
3 560.105 Supervisory powers of the department;
4 rulemaking.--Consistent with the purposes of the code, the
5 department shall have:
6 (3) Power to issue and publish rules, orders, and
7 declaratory statements, disseminate information, and otherwise
8 exercise its discretion to effectuate the purposes, policies,
9 and provisions of the code and to adopt rules pursuant to ss.
10 120.54 and 120.536(1) to interpret and implement the
11 provisions of the code.
12 Section 184. Subsection (1) of section 561.11, Florida
13 Statutes, is amended to read:
14 561.11 Power and authority of division.--
15 (1) The division has authority to adopt rules pursuant
16 to ss. 120.54 and 120.536(1) to implement the provisions shall
17 have full power and authority to make, adopt, amend, or repeal
18 rules, regulations, or administrative orders to carry out the
19 purposes of the Beverage Law. All such rules, regulations, or
20 orders adopted in accordance with chapter 120 shall have the
21 full force and effect of law.
22 Section 185. Subsection (23) of section 570.07,
23 Florida Statutes, is amended to read:
24 570.07 Department of Agriculture and Consumer
25 Services; functions, powers, and duties.--The department shall
26 have and exercise the following functions, powers, and duties:
27 (23) To adopt rules pursuant to ss. 120.54 and
28 120.536(1) to implement provisions of law conferring duties
29 upon it enact, amend, and repeal administrative rules as
30 necessary.
31
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1 Section 186. Section 571.05, Florida Statutes, is
2 amended to read:
3 571.05 Rules.--The department by rule may design,
4 determine, and adopt seals of quality for use in publicizing,
5 advertising, and promoting agricultural products; prescribe
6 minimum standards of quality and grade of agricultural
7 products with which a seal of quality may be used; name and
8 define market packages of agricultural products; fix a
9 reasonable and equitable advertising and promotion fee for
10 such market package of agricultural products; and otherwise
11 adopt rules pursuant to ss. 120.54 and 120.536(1) to
12 interpret, implement, and make specific the provisions of this
13 part.
14 Section 187. Subsection (9) of section 571.24, Florida
15 Statutes, is amended to read:
16 571.24 Purpose; duties of the division.--The purpose
17 of this part is to authorize the division to establish and
18 coordinate the Florida Agricultural Promotional Campaign. The
19 duties of the division shall include, but are not limited to:
20 (9) Adopting rules pursuant to ss. 120.54 and
21 120.536(1) Promulgating rules necessary to implement the
22 provisions of this part.
23 Section 188. Section 574.14, Florida Statutes, is
24 amended to read:
25 574.14 Rules.--The Department of Agriculture and
26 Consumer Services may adopt rules pursuant to ss. 120.54 and
27 120.536(1) to implement, make specific, or interpret the
28 provisions of this chapter.
29 Section 189. Section 578.11, Florida Statutes, is
30 amended to read:
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1 578.11 Duties, authority, and rules and regulations of
2 the department.--
3 (1) The duty of administering this law and enforcing
4 its provisions and requirements shall be vested in the
5 Department of Agriculture and Consumer Services, which is
6 hereby authorized to employ such agents and persons as in its
7 judgment shall be necessary therefor. It shall be the duty of
8 the department, which may act through its authorized agents,
9 to sample, inspect, make analyses of, and test agricultural,
10 vegetable, flower, or forest tree seed transported, sold,
11 offered or exposed for sale, or distributed within this state
12 for sowing or planting purposes, at such time and place and to
13 such extent as it may deem necessary to determine whether said
14 agricultural, vegetable, flower or forest tree seed are in
15 compliance with the provisions of this law, and to notify
16 promptly the person who transported, distributed, sold,
17 offered or exposed the seed for sale, of any violation.
18 (2) The department is authorized:
19 (a) To enforce this act and prescribe and adopt
20 reasonable rules, which shall have the full force and effect
21 of law, for the enforcement of this act, governing the methods
22 of sampling, inspecting, testing, and examining agricultural,
23 vegetable, flower, or forest tree seed. The department shall,
24 on a one-time basis after the effective date of this act,
25 notify those previously receiving personal notice of such
26 rules that they will no longer be receiving such notice.
27 (b) To establish standards and tolerances to be
28 followed in the administration of this law, which shall be in
29 general accord with officially prescribed practices in
30 interstate commerce.
31 (c) To prescribe uniform labels.
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1 (d) To adopt prohibited and restricted noxious weed
2 seed lists.
3 (e) To prescribe limitations for each restricted
4 noxious weed to be used in enforcement of this act and to add
5 or subtract therefrom from time to time as the need may arise.
6 (f) To make commercial tests of seed and to fix and
7 collect charges for such tests.
8 (g) To list the kinds of flower and forest tree seed
9 subject to this law.
10 (h) To analyze samples, as requested by a consumer.
11 The department shall establish, by rule, a fee schedule for
12 analyzing samples at the request of a consumer. The fees
13 shall be sufficient to cover the costs to the department for
14 taking the samples and performing the analysis, not to exceed
15 $150 per sample.
16 (i) To adopt rules pursuant to ss. 120.54 and
17 120.536(1) to implement the provisions of prescribe such other
18 rules as may be necessary to secure the efficient enforcement
19 of this act.
20 (3) For the purpose of carrying out the provisions of
21 this law, the department, through its authorized agents, is
22 authorized:
23 (a) To enter upon any public or private premises,
24 where agricultural, vegetable, flower, or forest tree seed is
25 sold, offered, exposed, or distributed for sale during regular
26 business hours, in order to have access to seed subject to
27 this law and the rules and regulations hereunder.
28 (b) To issue and enforce a stop-sale notice or order
29 to the owner or custodian of any lot of agricultural,
30 vegetable, flower, or forest tree seed, which the department
31 finds or has good reason to believe is in violation of any
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1 provisions of this law, which shall prohibit further sale,
2 barter, exchange, or distribution of such seed until the
3 department is satisfied that the law has been complied with
4 and has issued a written release or notice to the owner or
5 custodian of such seed. After a stop-sale notice or order has
6 been issued against or attached to any lot of seed and the
7 owner or custodian of such seed has received confirmation that
8 the seed does not comply with this law, she or he shall have
9 15 days beyond the normal test period within which to comply
10 with the law and obtain a written release of the seed. The
11 provisions of this paragraph shall not be construed as
12 limiting the right of the department to proceed as authorized
13 by other sections of this law.
14 (c) To establish and maintain a seed laboratory,
15 employ seed analysts and other personnel, and incur such other
16 expenses as may be necessary to comply with these provisions.
17 Section 190. Subsection (2) of section 580.036,
18 Florida Statutes, is amended to read:
19 580.036 Powers and duties.--
20 (2) The department is authorized to adopt rules
21 pursuant to ss. 120.54 and 120.536(1) to enforce the
22 provisions as necessary for the enforcement of this chapter.
23 These rules shall be consistent with the rules and standards
24 of the United States Food and Drug Administration and the
25 United States Department of Agriculture, when applicable, and
26 shall include:
27 (a) Establishing definitions and reasonable standards
28 for commercial feed or feedstuff and permissible tolerances
29 for pesticide chemicals, chemical additives, nonnutritive
30 ingredients, or drugs in or on commercial feed or feedstuff in
31
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1 such amounts as will ensure the safety of livestock and
2 poultry and the products thereof used for human consumption.
3 (b) Adopting standards for the manufacture and
4 distribution of medicated feed.
5 (c) Establishing definitions and reasonable standards
6 for the certification of laboratories for the conduct of
7 testing and analyses as required in this chapter.
8 (d) Establishing product labeling requirements for
9 distributors.
10 (e) Limiting the use of drugs in commercial feed and
11 prescribing feeding directions to be used to ensure safe usage
12 of medicated feed.
13 (f) Establishing standards for evaluating
14 quality-assurance/quality-control plans, including testing
15 protocols, for exemptions to certified laboratory testing
16 requirements.
17 Section 191. Section 583.04, Florida Statutes, is
18 amended to read:
19 583.04 Promulgation of rules.--The department has
20 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
21 to implement may make and promulgate such rules as may be
22 necessary to carry out the provisions of this chapter.
23 Section 192. Subsection (4) of section 585.002,
24 Florida Statutes, is amended to read:
25 585.002 Department control; continuance of powers,
26 duties, rules, orders, etc.--
27 (4) The department shall adopt rules pursuant to ss.
28 120.54 and 120.536(1) to implement promulgate rules to carry
29 out the provisions of this chapter.
30 Section 193. Subsection (2) of section 593.103,
31 Florida Statutes, is amended to read:
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1 593.103 Powers and duties of department.--The
2 department has the power and duty to:
3 (2) Adopt rules pursuant to ss. 120.54 and 120.536(1)
4 to implement the provisions Promulgate rules necessary to the
5 enforcement of ss. 593.101-593.117.
6 Section 194. Section 616.165, Florida Statutes, is
7 amended to read:
8 616.165 Rules.--The department shall adopt all rules
9 pursuant to ss. 120.54 and 120.536(1) necessary to implement
10 carry out the provisions of this chapter.
11 Section 195. Paragraph (j) of subsection (1) of
12 section 616.256, Florida Statutes, is amended to read:
13 616.256 Powers of authority.--
14 (1) The authority shall have power to:
15 (j) Adopt rules pursuant to ss. 120.54 and 120.536(1)
16 to implement provisions of law conferring duties upon it,
17 pursuant to chapter 120, rules necessary to carry out its
18 duties and responsibilities.
19 Section 196. Subsection (4) of section 617.01301,
20 Florida Statutes, is amended to read:
21 617.01301 Powers of Department of State.--
22 (4) The Department of State shall have the power and
23 authority reasonably necessary to enable it to administer this
24 act efficiently, to perform the duties herein imposed upon it,
25 and to adopt reasonable rules pursuant to ss. 120.54 and
26 120.536(1) to implement the provisions of necessary to carry
27 out its duties and functions under this act conferring duties
28 upon it.
29 Section 197. Subsection (4) of section 620.1835,
30 Florida Statutes, is amended to read:
31
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1 620.1835 Powers of Department of State;
2 interrogatories.--
3 (4) The Department of State shall have the power and
4 authority reasonably necessary to enable it to administer this
5 act efficiently, to perform the duties herein imposed upon it,
6 and to adopt rules pursuant to ss. 120.54 and 120.536(1) to
7 implement the provisions of reasonable rules necessary to
8 carry out its duties and functions under this act conferring
9 duties upon it.
10 Section 198. Subsection (2) of section 620.81055,
11 Florida Statutes, is amended to read:
12 620.81055 Fees for filing documents and issuing
13 certificates; powers of the Department of State.--
14 (2) The Department of State has the power and
15 authority reasonably necessary to enable it to administer this
16 act efficiently, to perform the duties imposed upon it by this
17 act, and to adopt reasonable rules pursuant to ss. 120.54 and
18 120.536(1) to implement the provisions of necessary to carry
19 out its duties and functions under this act conferring duties
20 upon it.
21 Section 199. Subsection (1) of section 624.308,
22 Florida Statutes, is amended to read:
23 624.308 Rules.--
24 (1) The department has authority to may adopt
25 reasonable rules pursuant to ss. 120.54 and 120.536(1) to
26 implement provisions of law conferring duties upon it
27 necessary to effect any of the statutory duties of the
28 department. Such rules shall not extend, modify, or conflict
29 with any law of this state or the reasonable implications of
30 such laws.
31
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1 Section 200. Section 624.4431, Florida Statutes, is
2 amended to read:
3 624.4431 Administration; rules.--The administration of
4 ss. 624.436-624.446 is vested in the department. The
5 department has authority to may adopt reasonable rules
6 pursuant to ss. 120.54 and 120.536(1) to implement the
7 provisions of ss. 624.436-624.446.
8 Section 201. Subsection (1) of section 626.943,
9 Florida Statutes, is amended to read:
10 626.943 Powers and duties of the department.--It is
11 the function of the department to:
12 (1) Adopt rules pursuant to ss. 120.54 and 120.536(1)
13 to implement the provisions of Promulgate rules necessary to
14 carry out the duties conferred upon it under this part
15 conferring duties upon it to protect the public health,
16 safety, and welfare.
17 Section 202. Section 627.805, Florida Statutes, is
18 amended to read:
19 627.805 Departmental regulation of variable and
20 indeterminate value contracts; rules.--The department,
21 notwithstanding any other provision of law, shall have the
22 sole authority to regulate the issuance and sale of variable
23 and indeterminate value contracts and has authority to adopt
24 rules pursuant to ss. 120.54 and 120.536(1) to implement the
25 to issue such reasonable rules as may be necessary to carry
26 out the purposes and provisions of this part.
27 Section 203. Section 627.9408, Florida Statutes, is
28 amended to read:
29 627.9408 Rules.--The department has authority to may
30 adopt such rules pursuant to ss. 120.54 and 120.536(1) to
31
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1 implement as are necessary and proper in furtherance of the
2 provisions of this part.
3 Section 204. Section 628.535, Florida Statutes, is
4 amended to read:
5 628.535 Authority to promulgate rules.--The department
6 has authority to adopt rules pursuant to ss. 120.54 and
7 120.536(1) to implement the provisions may promulgate rules to
8 carry out the purposes of this chapter.
9 Section 205. Section 633.01, Florida Statutes, is
10 amended to read:
11 633.01 State Fire Marshal; powers and duties; rules.--
12 (1) The head of the Department of Insurance shall be
13 designated as "State Fire Marshal." The State Fire Marshal
14 has authority to adopt rules pursuant to ss. 120.54 and
15 120.536(1) shall make and promulgate all rules necessary to
16 implement the provisions of this chapter conferring powers or
17 which grant powers and impose duties upon the department on
18 the State Fire Marshal and to effectuate the enforcement of
19 such powers and duties. Rules shall be in substantial
20 conformity with generally accepted standards of firesafety;
21 shall take into consideration the direct supervision of
22 children in nonresidential child care facilities; and shall
23 balance and temper the need of the State Fire Marshal to
24 protect all Floridians from fire hazards with the social and
25 economic inconveniences that may be caused or created by the
26 rules. However, the department shall not adopt minimum
27 firesafety standards, except to the extent required by s.
28 394.879.
29 (2) Subject to the limitations of subsection (1),
30 rules promulgated by the State Fire Marshal shall be such as
31 are reasonably necessary for the protection of the health,
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1 welfare, and safety of the public and shall be in substantial
2 conformity with generally accepted standards of firesafety.
3 In the promulgation of rules, the State Fire Marshal shall
4 give consideration to generally accepted standards of
5 firesafety.
6 (2)(3) Subject to the limitations of subsection (1),
7 it is the intent of the Legislature that the State Fire
8 Marshal shall have the responsibility to minimize the loss of
9 life and property in this state due to fire. The State Fire
10 Marshal shall enforce all laws and provisions of this chapter,
11 and any rules adopted pursuant thereto, relating to:
12 (a) The prevention of fire and explosion through the
13 regulation of conditions which could cause fire or explosion,
14 the spread of fire, and panic resulting therefrom;
15 (b) Installation and maintenance of fire alarm systems
16 and fire protection systems, including fire suppression
17 systems, fire-extinguishing equipment, and fire sprinkler
18 systems;
19 (c)1. Servicing, repairing, recharging, testing,
20 marking, inspecting, installing, maintaining, and tagging of
21 fire extinguishers, preengineered systems, and individually
22 designed fire protection systems;
23 2. The training and licensing of persons engaged in
24 the business of servicing, repairing, recharging, testing,
25 marking, inspecting, installing, maintaining, and tagging fire
26 extinguishers, preengineered systems, and individually
27 designed fire protection systems;
28 (d) The maintenance of fire cause and loss records;
29 and
30 (e) Suppression of arson and the investigation of the
31 cause, origin, and circumstances of fire.
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1 (3)(4) The State Fire Marshal shall establish by rule
2 guidelines and procedures for triennial renewal of firesafety
3 inspector requirements for certification.
4 (4)(5) It is the intent of the Legislature that the
5 rules promulgated by the State Fire Marshal pursuant to this
6 section be enforced in such a manner as to prohibit the
7 displacement of currently placed mobile homes unless there is
8 a threat of imminent danger to the health, safety, or welfare
9 of the general public. Furthermore, it is the intent of the
10 Legislature that consideration be given to the social and
11 economic inconveniences which may be caused or created by the
12 rules promulgated by the State Fire Marshal pursuant to this
13 section.
14 (6) It is the intent of the Legislature that the rules
15 adopted by the State Fire Marshal pursuant to this section be
16 promulgated in such a manner as to take into consideration the
17 direct supervision of children in nonresidential child care
18 facilities and to balance and temper the need of the State
19 Fire Marshal to protect all citizens from fire hazards with
20 the social and economic inconveniences which may be caused or
21 created by the rules promulgated by the State Fire Marshal
22 pursuant to this section.
23 Section 206. Subsection (1) of section 633.517,
24 Florida Statutes, is amended to read:
25 633.517 Authority of State Fire Marshal to adopt
26 rules, administer oaths, and take testimony.--
27 (1) The State Fire Marshal is authorized, with the
28 advice of the board, to adopt rules pursuant to ss. 120.54 and
29 120.536(1) and regulations to implement carry out the
30 provisions of this act.
31
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1 Section 207. Section 634.021, Florida Statutes, is
2 amended to read:
3 634.021 Powers of department; rules.--The department
4 shall administer this act and to that end it has authority to
5 may adopt, promulgate, and enforce rules pursuant to ss.
6 120.54 and 120.536(1) to implement the necessary and proper to
7 effectuate any provisions of this act.
8 Section 208. Section 634.302, Florida Statutes, is
9 amended to read:
10 634.302 Powers of department; rules.--The department
11 shall administer this part, and, to that end, it has authority
12 to may adopt, promulgate, and enforce rules pursuant to ss.
13 120.54 and 120.536(1) to implement the necessary and proper to
14 effectuate any provisions of this part.
15 Section 209. Section 634.402, Florida Statutes, is
16 amended to read:
17 634.402 Powers of department; rules.--The department
18 shall administer this part, and to that end it has authority
19 to may adopt and enforce rules pursuant to ss. 120.54 and
20 120.536(1) to implement the provisions necessary and proper to
21 effectuate any provision of this part.
22 Section 210. Section 635.081, Florida Statutes, is
23 amended to read:
24 635.081 Administration and enforcement.--The
25 department has authority to adopt rules pursuant to ss. 120.54
26 and 120.536(1) to implement shall adopt such rules as are
27 necessary to carry out the provisions of this chapter and
28 shall have the same powers of administration and enforcement
29 of the provisions of this chapter as it has with respect to
30 casualty or surety insurers in general under the Florida
31 Insurance Code.
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1 Section 211. Section 636.067, Florida Statutes, is
2 amended to read:
3 636.067 Rules.--The department has authority to may,
4 after notice and hearing, adopt rules pursuant to ss. 120.54
5 and 120.536(1) to implement the provisions of administer this
6 act. A violation of any such rule subjects the violator to
7 the provisions of s. 636.048.
8 Section 212. Section 641.403, Florida Statutes, is
9 amended to read:
10 641.403 Promulgation of rules.--The Department of
11 Insurance has authority to adopt rules pursuant to ss. 120.54
12 and 120.536(1) to implement shall promulgate rules necessary
13 to carry out the provisions of this part.
14 Section 213. Section 641.56, Florida Statutes, is
15 amended to read:
16 641.56 Rulemaking authority.--The Agency for Health
17 Care Administration has authority to adopt rules pursuant to
18 ss. 120.54 and 120.536(1) to implement the provisions of is
19 authorized to make rules, not inconsistent with law, which may
20 be necessary to carry out the duties and authority conferred
21 upon it by this part conferring duties upon it and to protect
22 the health, safety, and welfare of the public.
23 Section 214. Paragraph (a) of subsection (1) of
24 section 648.26, Florida Statutes, is amended to read:
25 648.26 Department of Insurance; administration.--
26 (1) The department shall administer the provisions of
27 this chapter as provided in this chapter.
28 (a) The department has authority to may adopt rules
29 pursuant to ss. 120.54 and 120.536(1) to implement the
30 provisions of necessary and proper to effect any of the duties
31
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1 or powers of the department provided in this chapter
2 conferring powers or duties upon it.
3 Section 215. Subsection (3) of section 651.015,
4 Florida Statutes, is amended to read:
5 651.015 Administration; forms; fees; rules;
6 fines.--The administration of this chapter is vested in the
7 department, which shall:
8 (3) Adopt rules pursuant to ss. 120.54 and 120.536(1)
9 to implement the provisions, within the standards of this
10 chapter, necessary to effect the purposes of this chapter.
11 Specific provisions in this chapter relating to any subject
12 shall not preclude the department from adopting rules
13 concerning such subject if such rules are within the standards
14 and purposes of this chapter.
15 Section 216. Subsection (3) of section 655.012,
16 Florida Statutes, is amended to read:
17 655.012 General supervisory powers of the department;
18 rulemaking.--In addition to other powers conferred by the
19 financial institutions codes, the department shall have:
20 (3) Power to issue and publish rules, orders, and
21 declaratory statements, disseminate information, and otherwise
22 exercise its discretion to effectuate the purposes, policies,
23 and provisions of the financial institutions codes and to
24 adopt rules pursuant to ss. 120.54 and 120.536(1) to interpret
25 and implement the provisions of such codes consistently with
26 such purposes, policies, and provisions.
27 Section 217. Section 681.118, Florida Statutes, is
28 amended to read:
29 681.118 Rulemaking authority.--The Department of Legal
30 Affairs shall adopt rules pursuant to ss. 120.54 and
31 120.536(1) to implement the provisions of this chapter.
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1 Section 218. Section 717.138, Florida Statutes, is
2 amended to read:
3 717.138 Rulemaking authority.--The Department of
4 Banking and Finance shall administer and provide for the
5 enforcement of this chapter. The department has authority to
6 adopt rules pursuant to ss. 120.54 and 120.536(1) to implement
7 the provisions is authorized to make rules and to perform such
8 other acts as are necessary or convenient for the proper
9 administration, enforcement, and interpretation of this
10 chapter.
11 Section 219. Paragraph (f) of subsection (1) of
12 section 718.501, Florida Statutes, is amended to read:
13 718.501 Powers and duties of Division of Florida Land
14 Sales, Condominiums, and Mobile Homes.--
15 (1) The Division of Florida Land Sales, Condominiums,
16 and Mobile Homes of the Department of Business and
17 Professional Regulation, referred to as the "division" in this
18 part, in addition to other powers and duties prescribed by
19 chapter 498, has the power to enforce and ensure compliance
20 with the provisions of this chapter and rules promulgated
21 pursuant hereto relating to the development, construction,
22 sale, lease, ownership, operation, and management of
23 residential condominium units. In performing its duties, the
24 division has the following powers and duties:
25 (f) The division has authority to adopt rules pursuant
26 to ss. 120.54 and 120.536(1) to implement and enforce the
27 provisions of is authorized to promulgate rules, pursuant to
28 chapter 120, necessary to implement, enforce, and interpret
29 this chapter.
30 Section 220. Paragraph (f) of subsection (1) of
31 section 719.501, Florida Statutes, is amended to read:
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1 719.501 Powers and duties of Division of Florida Land
2 Sales, Condominiums, and Mobile Homes.--
3 (1) The Division of Florida Land Sales, Condominiums,
4 and Mobile Homes of the Department of Business and
5 Professional Regulation, referred to as the "division" in this
6 part, in addition to other powers and duties prescribed by
7 chapter 498, has the power to enforce and ensure compliance
8 with the provisions of this chapter and rules promulgated
9 pursuant hereto relating to the development, construction,
10 sale, lease, ownership, operation, and management of
11 residential cooperative units. In performing its duties, the
12 division shall have the following powers and duties:
13 (f) The division has authority to adopt rules pursuant
14 to ss. 120.54 and 120.536(1) to implement and enforce the
15 provisions of is authorized to promulgate rules, pursuant to
16 chapter 120, necessary to implement, enforce, and interpret
17 this chapter.
18 Section 221. Subsection (6) of section 721.26, Florida
19 Statutes, is amended to read:
20 721.26 Regulation by division.--The division has the
21 power to enforce and ensure compliance with the provisions of
22 this chapter using the powers provided in this chapter, as
23 well as the powers prescribed in chapters 498, 718, and 719.
24 In performing its duties, the division shall have the
25 following powers and duties:
26 (6) The division has authority to adopt rules pursuant
27 to ss. 120.54 and 120.536(1) to implement and enforce the
28 provisions of is authorized to adopt, amend, or repeal rules
29 pursuant to chapter 120 as necessary to implement, enforce,
30 and interpret this chapter.
31
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1 Section 222. Subsection (7) of section 723.006,
2 Florida Statutes, is amended to read:
3 723.006 Powers and duties of division.--In performing
4 its duties, the division has the following powers and duties:
5 (7) The division has authority to adopt rules pursuant
6 to ss. 120.54 and 120.536(1) to implement and enforce the
7 provisions of is authorized to promulgate rules, pursuant to
8 chapter 120, which are necessary to implement, enforce, and
9 interpret this chapter.
10 Section 223. Section 916.20, Florida Statutes, is
11 amended to read:
12 916.20 Operation and administration; rules.--
13 (1) The department is authorized to promulgate rules,
14 enter into contracts, and do such things as may be necessary
15 and incidental to assure compliance with and to carry out the
16 provisions of this chapter in accordance with the stated
17 legislative intent.
18 (2) The department has authority to adopt rules
19 pursuant to ss. 120.54 and 120.536(1) to implement the
20 provisions of this chapter Rules of the department shall be
21 adopted in accordance with the provisions of chapter 120, the
22 Administrative Procedure Act.
23 Section 224. Subsection (4) of section 943.03, Florida
24 Statutes, is amended to read:
25 943.03 Department of Law Enforcement.--
26 (4) Pursuant to chapter 120, The department shall
27 adopt the rules pursuant to ss. 120.54 and 120.536(1) to
28 implement the provisions of and regulations deemed necessary
29 to carry out its duties and responsibilities under this
30 chapter conferring duties upon it.
31
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1 Section 225. Subsection (1) of section 944.09, Florida
2 Statutes, is amended to read:
3 944.09 Rules of the department; offenders,
4 probationers, and parolees.--
5 (1) The department has authority to shall adopt rules
6 pursuant to ss. 120.54 and 120.536(1) to implement its
7 statutory authority. The rules must include rules relating to
8 governing the administration of the correctional system and
9 the operation of the department, which rules shall relate to:
10 (a) The rights of inmates.
11 (b) The rules of conduct to be observed by inmates and
12 the categories of violations according to degrees or levels of
13 severity, as well as the degrees of punishment applicable and
14 appropriate to such violations.
15 (c) Disciplinary procedures and punishment.
16 (d) Grievance procedures which shall conform to 42
17 U.S.C. s. 1997e.
18 (e) The operation and management of the correctional
19 institution or facility and its personnel and functions.
20 (f) The development of a staffing formula for security
21 positions in its residential facilities, taking into account
22 the factors of leave time, security needs, and training
23 requirements.
24 (g) Mail to and from the state correctional system.
25 (h) Gain-time for good conduct of, release payments
26 to, and release transportation of inmates.
27 (i) Uniforms for inmates and custodial personnel.
28 (j) Rules of Conduct of custodial and other personnel.
29 (k) Classification of personnel and duties assigned
30 thereto and classification and separation of offenders
31
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CS/HB 1509, First Engrossed
1 according to age, sex, and such other factors as are deemed
2 advisable.
3 (l) Credits for confinement prior to commitment to the
4 department.
5 (m) Payments to prisoners for work performed. Such
6 payments, if any, shall include restrictions on the use of
7 earnings, including payments for support of dependents and
8 release reserves. The rules shall provide that no payment
9 shall be made to any prisoner who fails to perform the work
10 assigned satisfactorily.
11 (n) Visiting hours and privileges. The rules shall
12 provide that any inmate with a current or prior conviction for
13 any offense contained in chapter 794, chapter 800, chapter
14 827, or chapter 847 for committing or attempting to commit
15 aggravated child abuse or committing or attempting to commit a
16 sex act on, in the presence of, or against a child under the
17 age of 16 years, shall not be allowed visitation with anyone
18 under the age of 18 years, unless special visitation is
19 approved by the superintendent. The authorization for special
20 visitation shall be based on extenuating circumstances that
21 serve the interest of the children. If visiting is restricted
22 by court order, permission for special visitation may be
23 granted only by the judge issuing the order.
24 (o) Mail to and from inmates, including rules
25 specifying the circumstances under which an inmate must pay
26 for the cost of postage for mail that the inmate sends. The
27 department may not adopt a rule that requires an inmate to pay
28 any postage costs that the state is constitutionally required
29 to pay.
30
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1 (p) The feeding of prisoners, including diet and
2 menus, and the furnishing of health and comfort items to
3 indigent prisoners.
4 (q) The determination of restitution, including the
5 amount and to whom it should be paid. The rules shall provide
6 necessary explanation to support recommendations regarding
7 restitution.
8 (r) Such other rules as in the opinion of the
9 department may be necessary for the efficient operation and
10 management of the correctional system.
11 Section 226. Section 947.07, Florida Statutes, is
12 amended to read:
13 947.07 Rules and regulations.--The commission has
14 authority to adopt rules pursuant to ss. 120.54 and 120.536(1)
15 shall have power to make such rules and regulations as it
16 deems best for its governance, including among other things
17 rules of practice and procedure and rules prescribing
18 qualifications to be possessed by its employees.
19 Section 227. Paragraph (b) of subsection (1) of
20 section 960.045, Florida Statutes, is amended to read:
21 960.045 Department of Legal Affairs; powers and
22 duties.--It shall be the duty of the department to assist
23 persons who are victims of crime.
24 (1) The department shall:
25 (b) Adopt, promulgate, amend, and rescind such rules
26 pursuant to ss. 120.54 and 120.536(1) to implement as are
27 necessary to carry out the provisions of this chapter.
28 Section 228. Section 985.405, Florida Statutes, is
29 amended to read:
30 985.405 Rules for implementation.--The Department of
31 Juvenile Justice shall adopt rules pursuant to ss. 120.54 and
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1 120.536(1) to implement the provisions of for the efficient
2 and effective management of all programs, services,
3 facilities, and functions necessary for implementing this
4 chapter. Such rules may not conflict with the Florida Rules of
5 Juvenile Procedure. All rules and policies must conform to
6 accepted standards of care and treatment.
7 Section 229. Subsection (1) of section 633.70, Florida
8 Statutes, is amended to read:
9 633.70 Jurisdiction of State Fire Marshal over alarm
10 system contractors and certified unlimited electrical
11 contractors.--
12 (1) When the State Fire Marshal, in the course of its
13 activities pursuant to s. 633.01(2) s. 633.01(3), determines
14 that an alarm system contractor or a certified unlimited
15 electrical contractor working with an alarm system has
16 violated any provision of this chapter or the rules of the
17 State Fire Marshal, the State Fire Marshal shall have
18 jurisdiction, notwithstanding any other provision of this
19 chapter, to order corrective action by the alarm system
20 contractor or the certified unlimited electrical contractor to
21 bring the alarm system into compliance with applicable
22 standards set forth in this chapter and the rules of the State
23 Fire Marshal.
24 Section 230. This act shall take effect July 1 of the
25 year in which enacted.
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CS/HB 193, First Engrossed
1 A bill to be entitled
2 An act relating to credits against taxes;
3 amending s. 220.02, F.S.; providing the order
4 of credits against the corporate income tax or
5 franchise tax; amending s. 220.03, F.S.;
6 revising the definition of "child care facility
7 startup costs" and defining "operation of a
8 child care facility"; amending s. 220.12, F.S.;
9 revising the definition of a taxpayer's net
10 income for corporate income tax purposes to
11 delete the deduction of child care facility
12 startup costs; creating s. 220.19, F.S.;
13 authorizing a credit against the corporate
14 income tax for child care facility startup
15 costs and operation, and for payment of an
16 employee's child care costs; providing
17 limitations; requiring a recipient to refund a
18 portion of tax credits received under certain
19 conditions; providing eligibility and
20 application requirements; providing for
21 administration by the Department of Revenue;
22 providing for future expiration; defining
23 "corporation"; creating s. 624.5107, F.S.;
24 authorizing a credit against insurance premium
25 taxes for child care facility startup costs and
26 operation, and for payment of an employee's
27 child care costs; providing definitions;
28 providing limitations; requiring a recipient to
29 refund a portion of tax credits received under
30 certain conditions; providing eligibility and
31 application requirements; providing for
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CS/HB 193, First Engrossed
1 administration by the Department of Revenue;
2 providing for future expiration; providing an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Subsection (10) of section 220.02, Florida
8 Statutes, is amended to read:
9 220.02 Legislative intent.--
10 (10) It is the intent of the Legislature that credits
11 against either the corporate income tax or the franchise tax
12 be applied in the following order: those enumerated in s.
13 220.68, those enumerated in s. 631.719(1), those enumerated in
14 s. 631.705, those enumerated in s. 220.18, those enumerated in
15 s. 631.828, those enumerated in s. 220.181, those enumerated
16 in s. 220.183, those enumerated in s. 220.182, those
17 enumerated in s. 220.1895, those enumerated in s. 221.02,
18 those enumerated in s. 220.184, those enumerated in s.
19 220.186, and those enumerated in s. 220.188, and those
20 enumerated in s. 220.19.
21 Section 2. Paragraph (cc) of subsection (1) of section
22 220.03, Florida Statutes, is amended, and paragraph (gg) is
23 added to said subsection, to read:
24 220.03 Definitions.--
25 (1) SPECIFIC TERMS.--When used in this code, and when
26 not otherwise distinctly expressed or manifestly incompatible
27 with the intent thereof, the following terms shall have the
28 following meanings:
29 (cc) "Child care facility startup costs" means
30 expenditures for substantial renovation, equipment, including
31 playground equipment and kitchen appliances and cooking
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CS/HB 193, First Engrossed
1 equipment, and real property, including land and improvements,
2 and for reduction of debt, made in connection with used to
3 establish a child care facility as defined by s. 402.302(4),
4 or any facility providing daily care to children who are
5 mildly ill, which is located in this the state on the
6 taxpayer's premises or within 5 miles of the employees'
7 workplace and used exclusively by the employees of the
8 taxpayer.
9 (gg) "Operation of a child care facility" means
10 operation of a child care facility as defined by s. 402.302,
11 or any facility providing daily care to children who are
12 mildly ill, which is located in this state within 5 miles of
13 at least one place of business of the taxpayer and which is
14 used by the employees of the taxpayer.
15 Section 3. Section 220.12, Florida Statutes, is
16 amended to read:
17 220.12 "Net income" defined.--For purposes of this
18 code, a taxpayer's net income for a taxable year shall be its
19 adjusted federal income, or that share of its adjusted federal
20 income for such year which is apportioned to this state under
21 s. 220.15, plus nonbusiness income allocated to this state
22 pursuant to s. 220.16, less child care facility startup costs
23 as defined by s. 220.03(1)(dd), less the exemption allowed by
24 s. 220.14.
25 Section 4. Section 220.19, Florida Statutes, is
26 created to read:
27 220.19 Child care tax credits.--
28 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
29 (a)1. A credit of 50 percent of the startup costs of
30 child care facilities operated by a corporation for its
31 employees is allowed against any tax due for a taxable year
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CS/HB 193, First Engrossed
1 under this chapter. A credit against such tax is also allowed
2 for the operation of a child care facility by a corporation
3 for its employees, which credit is in the amount of $50 per
4 month for each child enrolled in the facility.
5 2. A credit is allowed against any tax due for a
6 taxable year under this chapter for any taxpayer that makes
7 payments directly to a child care facility as defined by s.
8 402.302 which is licensed in accordance with s. 402.305, or to
9 any facility providing daily care to children who are mildly
10 ill, which payments are made in the name of and for the
11 benefit of an employee of the taxpayer in this state whose
12 child attends the child care facility during the employee's
13 working hours. The credit shall be an amount equal to 50
14 percent of the amount of such child care payments.
15 (b) A corporation may not receive more than $50,000 in
16 annual tax credits for all approved child care costs that the
17 corporation incurs in any one year.
18 (c) The total amount of tax credits which may be
19 granted for all programs approved under this section and s.
20 624.5107 is $2 million annually.
21 (d) An application for tax credit under this section
22 must be approved by the executive director of the department.
23 (e) If the credit granted under this section is not
24 fully used in any one year because of insufficient tax
25 liability on the part of the corporation, the unused amount
26 may be carried forward for a period not to exceed 5 years.
27 The carryover credit may be used in a subsequent year when the
28 tax imposed by this chapter for that year exceeds the credit
29 for which the corporation is eligible in that year under this
30 section after applying the other credits and unused carryovers
31 in the order provided by s. 220.02(10).
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CS/HB 193, First Engrossed
1 (f) If a corporation receives a credit for child care
2 facility startup costs, and the facility fails to operate for
3 at least 5 years, a pro rata share of the credit must be
4 repaid, in accordance with the formula: A = C x (1 - (N/60)),
5 where:
6 1. "A" is the amount in dollars of the required
7 repayment.
8 2. "C" is the total credits taken by the corporation
9 for child care facility startup costs.
10 3. "N" is the number of months the facility was in
11 operation.
12
13 This repayment requirement is inapplicable if the corporation
14 goes out of business or can demonstrate to the department that
15 its employees no longer want to have a child care facility.
16 (g) A taxpayer that files a consolidated return in
17 this state as a member of an affiliated group under s.
18 220.131(1) may be allowed the credit on a consolidated return
19 basis.
20 (h) A taxpayer that is eligible to receive credit
21 under s. 624.5107 is ineligible to receive credit under this
22 section.
23 (2) ELIGIBILITY REQUIREMENTS.--
24 (a) A child care facility with respect to which a
25 corporation claims a child care tax credit must be a child
26 care facility as defined by s. 402.302 and must be licensed in
27 accordance with s. 402.305, or must be a facility providing
28 daily care to children who are mildly ill.
29 (b) The services of a child care facility for which a
30 corporation claims a child care tax credit under subparagraph
31 (1)(a)1. must be available to all employees of the
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CS/HB 193, First Engrossed
1 corporation, or must be allocated on a first-come,
2 first-served basis, and must be used by employees of the
3 taxpayer.
4 (c) Two or more corporations may join together to
5 start and to operate a child care facility according to the
6 provisions of this section. If two or more corporations choose
7 to jointly operate a child care facility, or cause a
8 not-for-profit corporation to operate the child care facility,
9 the corporations must file a joint application or the
10 not-for-profit corporation may file the application with the
11 department, pursuant to subsection (3), setting forth their
12 proposal. The participating corporations may proportion the
13 annual child care costs credits in any manner they choose as
14 appropriate, but no jointly operated corporate child care
15 facility established under this section may receive more than
16 $50,000 in annual tax credits for all approved child care
17 costs that the participating corporations incur in any one
18 year.
19 (d) Child care payments for which a corporation claims
20 a credit under subparagraph (1)(a)2. shall not exceed the
21 amount charged by the child care facility to other children of
22 like age and abilities of persons not employed by the
23 corporation.
24 (3) APPLICATION REQUIREMENTS.--Any corporation that
25 wishes to participate in this program must submit to the
26 department an application for tax credit which sets forth the
27 proposal for establishing a child care facility for the use of
28 its employees or for payment of the cost of child care for its
29 employees. This application must state the anticipated
30 startup costs and the number of children to be enrolled, in
31 the case of credit claimed under subparagraph (1)(a)1., or the
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CS/HB 193, First Engrossed
1 number of children for whom child care costs will be paid, in
2 the case of credit claimed under subparagraph (1)(a)2.
3 (4) ADMINISTRATION.--
4 (a) The Department of Revenue may adopt all rules
5 pursuant to the Administrative Procedures Act to administer
6 this section, including rules for the approval or disapproval
7 of proposals submitted by corporations and rules to provide
8 for cooperative arrangements between for-profit and
9 not-for-profit corporations.
10 (b) The executive director's decision to approve or
11 disapprove a proposal must be in writing, and, if the proposal
12 is approved, the decision must state the maximum credit
13 allowable to the corporation.
14 (c) All approvals for the granting of the tax credit
15 require prior verification by the Department of Children and
16 Family Services or local licensing agency that the corporation
17 meets the licensure requirements as defined in s. 402.302 and
18 is currently licensed in accordance with s. 402.305, or is a
19 facility providing daily care to children who are mildly ill.
20 (d) Verification of the child care provider as an
21 approved facility must be in writing, and must be attached to
22 the credit application form submitted to the Department of
23 Revenue.
24 (5) EXPIRATION.--This section expires on June 30,
25 2008, except that paragraph (1)(e), which relates to carryover
26 credits, and paragraph (1)(f), which relates to repaying tax
27 credits in specified circumstances, do not expire on that
28 date.
29 (6) MEANING OF CORPORATION.--As used in this section,
30 the term "corporation" includes all general partnerships,
31 limited partnerships, unincorporated businesses, and all other
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CS/HB 193, First Engrossed
1 business entities which are owned or controlled by the parent
2 corporation.
3 Section 5. Section 624.5107, Florida Statutes, is
4 created to read:
5 624.5107 Child care tax credits; definitions;
6 authorization; limitations; eligibility and application
7 requirements; administration; expiration.--
8 (1) DEFINITIONS.--As used in this section:
9 (a) "Child care facility startup costs" means
10 expenditures for substantial renovation, equipment, including
11 playground equipment and kitchen appliances and cooking
12 equipment, real property, including land and improvements, and
13 for reduction of debt, made in connection with the
14 establishment of a child care facility as defined by s.
15 402.302, or any facility providing daily care to children who
16 are mildly ill, which is located in this state on the
17 insurer's premises and used by the employees of the insurer.
18 (b) "Operation of a child care facility" means
19 operation of a child care facility as defined by s. 402.302,
20 or any facility providing daily care to children who are
21 mildly ill, which is located in this state within 5 miles of
22 at least one place of business of the insurer and which is
23 used by the employees of the insurer.
24 (c) "Department" means the Department of Revenue.
25 (d) "Executive director" means the executive director
26 of the Department of Revenue.
27 (2) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--
28 (a)1. A credit of 50 percent of the startup costs of
29 child care facilities operated by an insurer for its employees
30 is allowed against any tax due for a taxable year under s.
31 624.509 or s. 624.510. A credit against such tax is also
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CS/HB 193, First Engrossed
1 allowed for the operation of a child care facility by an
2 insurer for its employees, which credit is in the amount of
3 $50 per month for each child enrolled in the facility.
4 2. A credit is allowed against any tax due for a
5 taxable year under s. 624.509 or s. 624.510 for any insurer
6 that makes payments directly to a child care facility as
7 defined by s. 402.302 which is licensed in accordance with s.
8 402.305, or to any facility providing daily care to children
9 who are mildly ill, which payments are made in the name of and
10 for the benefit of an employee of the insurer in this state
11 whose child attends the child care facility during the
12 employee's working hours. The credit shall be an amount equal
13 to 50 percent of the amount of such child care payments.
14 (b) An insurer may not receive more than $50,000 in
15 annual tax credits for all approved child care costs that the
16 insurer incurs in any one year.
17 (c) The total amount of tax credits which may be
18 granted for all programs approved under this section and s.
19 220.19 is $2 million annually.
20 (d) An application for tax credit under this section
21 must be approved by the executive director.
22 (e) If the credit granted under this section is not
23 fully used in any one year because of insufficient tax
24 liability on the part of the insurer, the unused amount may be
25 carried forward for a period not to exceed 5 years. The
26 carryover credit may be used in a subsequent year when the tax
27 imposed by s. 624.509 or s. 624.510 for that year exceeds the
28 credit for which the insurer is eligible in that year under
29 this section.
30 (f) If an insurer receives a credit for child care
31 facility startup costs, and the facility fails to operate for
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CS/HB 193, First Engrossed
1 at least 5 years, a pro rata share of the credit must be
2 repaid, in accordance with the formula: A = C x (1 - (N/60)),
3 where:
4 1. "A" is the amount in dollars of the required
5 repayment.
6 2. "C" is the total credits taken by the insurer for
7 child care facility startup costs.
8 3. "N" is the number of months the facility was in
9 operation.
10
11 This repayment requirement is inapplicable if the insurer goes
12 out of business or can demonstrate to the department that its
13 employees no longer want to have a child care facility.
14 (3) ELIGIBILITY REQUIREMENTS.--
15 (a) A child care facility with respect to which an
16 insurer claims a child care tax credit must be a child care
17 facility as defined by s. 402.302 and must be licensed in
18 accordance with s. 402.305, or must be a facility providing
19 daily care to children who are mildly ill.
20 (b) The services of a child care facility for which an
21 insurer claims a child care tax credit under subparagraph
22 (2)(a)1. must be available to all employees of the insurer or
23 must be allocated on a first-come, first-served basis, and
24 must be used by employees of the insurer.
25 (c) Child care payments for which an insurer claims a
26 credit under subparagraph (2)(a)2. shall not exceed the amount
27 charged by the child care facility to other children of like
28 age and abilities of persons not employed by the insurer.
29 (4) APPLICATION REQUIREMENTS.--Any insurer that wishes
30 to participate in this program must submit to the department
31 an application for tax credit which sets forth the proposal
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CS/HB 193, First Engrossed
1 for establishing a child care facility for the use of its
2 employees or for payment of the cost of child care for its
3 employees. This application must state the anticipated startup
4 costs and the number of children to be enrolled, in the case
5 of credit claimed under subparagraph (2)(a)1., or the number
6 of children for whom child care costs will be paid, in the
7 case of credit claimed under subparagraph (2)(a)2.
8 (5) ADMINISTRATION.--
9 (a) The Department of Revenue may adopt all rules
10 pursuant to the Administrative Procedures Act to administer
11 this section, including rules for the approval or disapproval
12 of proposals submitted by insurers and rules to provide for
13 cooperative arrangements between for-profit and not-for-profit
14 entities.
15 (b) The executive director's decision to approve or
16 disapprove a proposal must be in writing, and, if the proposal
17 is approved, the decision must state the maximum credit
18 allowable to the insurer.
19 (c) All approvals for the granting of the tax credit
20 require prior verification by the Department of Children and
21 Family Services or local licensing agency that the insurer
22 meets the licensure requirements as defined in s. 402.302 and
23 is currently licensed in accordance with s. 402.305, or is a
24 facility providing daily care to children who are mildly ill.
25 (d) Verification of the child care provider as an
26 approved facility must be in writing, and must be attached to
27 the credit application form submitted to the Department of
28 Revenue.
29 (6) EXPIRATION.--This section expires on June 30,
30 2008, except that paragraph (2)(e), which relates to carryover
31 credits, and paragraph (2)(f), which relates to repaying tax
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CS/HB 193, First Engrossed
1 credits in specified circumstances, do not expire on that
2 date.
3 Section 6. This act shall take effect December 31,
4 1998.
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HB 4505, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to the Lake Worth Drainage
3 District, Palm Beach County; providing for
4 codification of special laws regarding special
5 districts, relating to the Lake Worth Drainage
6 District, a body corporate existing under the
7 laws of the State of Florida and existing and
8 operating in Palm Beach County pursuant to
9 chapter 61-1747, Laws of Florida, as amended;
10 codifying and reenacting chapter 61-1747, Laws
11 of Florida; chapter 63-616, Laws of Florida;
12 chapter 63-618, Laws of Florida; chapter
13 67-867, Laws of Florida; chapter 71-830, Laws
14 of Florida; chapter 75-472, Laws of Florida;
15 chapter 81-460, Laws of Florida; chapter
16 82-353, Laws of Florida; chapter 83-493, Laws
17 of Florida; chapter 84-496, Laws of Florida;
18 chapter 87-521, Laws of Florida; Section
19 5(1)(b) of chapter 90-416, Laws of Florida;
20 chapter 90-480, Laws of Florida; and chapter
21 96-478, Laws of Florida; providing for repeal
22 of chapter 61-1747, Laws of Florida, as
23 amended; providing for repeal of prior special
24 acts relating to the Lake Worth Drainage
25 District; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Chapter 61-1747, Laws of Florida; chapter
30 63-616, Laws of Florida; chapter 63-618, Laws of Florida;
31 chapter 67-867, Laws of Florida; chapter 71-830, Laws of
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HB 4505, First Engrossed/ntc
1 Florida; chapter 75-472, Laws of Florida; chapter 81-460, Laws
2 of Florida; chapter 82-353, Laws of Florida; chapter 83-493,
3 Laws of Florida; chapter 84-496, Laws of Florida; chapter
4 87-521, Laws of Florida; Section 5(1)(b) of chapter 90-416,
5 Laws of Florida; chapter 90-480, Laws of Florida; and chapter
6 96-478, Laws of Florida, relating to the Lake Worth Drainage
7 District of Florida, are codified, reenacted, amended, and
8 repealed as herein provided.
9 Section 2. The Lake Worth Drainage District is
10 re-created and reenacted to read:
11 Section 1. District created and boundaries
12 thereof.--For the purpose of further reclaiming, draining, and
13 irrigating the lands hereinafter described, and for the
14 purpose of water control and water supply; protecting said
15 lands from the effects of water by means of the construction
16 and maintenance of canals, ditches, levees, dikes, pumping
17 plants, and other drainage and irrigation works and
18 improvements; improving said lands and making said lands
19 within the district available, acceptable, and habitable for
20 settlement and agriculture, and for the public convenience,
21 welfare, utility, and benefit and other purposes stated in
22 this act, a drainage district is hereby created and
23 established in Palm Beach County, Florida, to be known as the
24 Lake Worth Drainage District, an independent special district,
25 the territorial boundaries of which shall include the
26 following lands, to wit:
27
28 The East One-half (E 1/2) of the West One-half
29 (W 1/2) of Section 36, Township 43 South, Range
30 41 East, lying North of the North Right-of-Way
31 line of the West Palm Beach Canal (C-51);
2
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 AND ALSO
2 The West One-half (W 1/2) of Section 36,
3 Township 43 South, Range 41 East, lying South
4 of the North Right-of-Way line of the West Palm
5 Beach Canal (C-51);
6 AND ALSO
7 The Northwest One-quarter (NW 1/4) of Section
8 1, Township 44 South, Range 41 East;
9 AND ALSO
10 The Southwest One-quarter (SW 1/4) of Section
11 12, Township 44 South, Range 41 East;
12 AND ALSO
13 The West One-half (W 1/2) of Section 24,
14 Township 44 South, Range 41 East;
15 AND ALSO
16 The East Three-quarters (E 3/4) of the East
17 One-half (E 1/2) of the Southwest One-quarter
18 (SW 1/4) of Section 36, Township 44 South,
19 Range 41 East;
20 AND ALSO
21 Blocks 37, 39, 40 and 41 of the Hiatus lying
22 between Townships 44 and 45, Range 41, lying
23 East of the East Right-of-Way line of L-40, a
24 works of the South Florida Water Management
25 District;
26 AND ALSO
27 All of Section 1, the East Three-quarters (E
28 3/4) of the Southeast One-quarter (SE 1/4) of
29 Section 2 and all that part of Sections 3, 4, 5
30 and 10 lying East of the East Right-of-Way line
31 of L-40, a works of the South Florida Water
3
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 Management District, all lying in Township 45
2 South, Range 41 East;
3 AND ALSO
4 All of Section 11, Township 45 South, Range 41
5 East;
6 AND ALSO
7 The North Three-quarters (N 3/4) of the West
8 One-half (W 1/2) of Section 12, Township 45
9 South, Range 41 East;
10 AND ALSO
11 The North One-half (N 1/2) of the South
12 One-half (S 1/2) of the Northeast One-quarter
13 (NE 1/4) of Section 13, Township 45 South,
14 Range 41 East;
15 AND ALSO
16 The Northwest One-quarter (NW 1/4) of Section
17 13, Township 45 South, Range 41 East, LESS the
18 East One-half (E 1/2) of the Southeast
19 One-quarter (SE 1/4) of the Southeast
20 One-quarter (SE 1/4) of the Northwest
21 One-quarter (NW 1/4) of said Section 13;
22 AND ALSO
23 The South One-quarter (S 1/4) of Section 13,
24 Township 45 South, Range 41 East, LESS the
25 following described parcel: Commencing at the
26 Southeast Corner of said Section 13, thence
27 North 00°30'06" West along the East line of
28 Section 13 (an assumed bearing and all other
29 bearings being relative thereto), 1,318.08
30 feet; thence South 89°25'33" West, 69.46 feet
31 to the West Right-of-Way line of U.S. Highway
4
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HB 4505, First Engrossed/ntc
1 441 (State Road 7), as now laid out and in use
2 and also being the POINT OF BEGINNING; thence
3 continuing South 89°25'33" West, 2,672.4 feet;
4 thence South 00°29'06" East, 652.0 feet, thence
5 North 89°25'33" East, parallel with the North
6 line, 2,672.4 feet to the West Right-of-Way of
7 U.S. Highway 441 (State Road 7); thence North
8 00°29'06" West, along the West Right-of-Way of
9 U.S. Highway 441 (State Road 7), 652.0 feet to
10 the POINT OF BEGINNING; said parcel containing
11 40.0 acres more or less;
12 AND ALSO
13 That part of Sections 14, 15 and 23, Township
14 45 South, Range 41 East, lying East of the East
15 Right-of-Way line of L-40, a works of the South
16 Florida Water Management District;
17 AND ALSO
18 The West One-quarter (W 1/4) of Section 24,
19 Township 45 South, Range 41 East;
20 AND ALSO
21 The West One-half (W 1/2) of Section 25,
22 Township 45 South, Range 41 East;
23 AND ALSO
24 That part of Section 26, Township 45 South,
25 Range 41 East, lying East of the East
26 Right-of-Way line of L-40, a works of the South
27 Florida Water Management District;
28 AND ALSO
29 The West One-half (W 1/2) of Section 36,
30 Township 45 South, Range 41 East;
31 AND ALSO
5
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 The West One-half (W 1/2) of Section 1,
2 Township 46 South, Range 41 East;
3 AND ALSO
4 That part of Sections 11 and 23, the West
5 One-half (W 1/2) of Section 26 and all of
6 Section 35, Township 46 South, Range 41 East,
7 lying East of the East Right-of-Way line of
8 L-40, a works of the South Florida Water
9 Management District;
10 AND ALSO
11 Tracts 1, 2, 7, 19, 41, 49, 50, 51, 52, 53 and
12 56, Section 1, Township 47 South, Range 41
13 East, according to the Plat of Florida
14 Fruitlands Subdivision, as recorded in Plat
15 Book 1, page 102, of the Public Records of Palm
16 Beach County, Florida;
17 AND ALSO
18 The West One-half (W 1/2) of Section 2,
19 Township 47 South, Range 41 East;
20 AND ALSO
21 That part of Section 10, Township 47 South,
22 Range 41 East, lying East of the East
23 Right-of-Way line of L-40, a works of the South
24 Florida Water Management District, and North of
25 the centerline of Lateral Canal No. 43-W;
26 AND ALSO
27 Tracts 7, 9, 10, 13, 27, 35, 53, 63, and 64,
28 Section 11, Township 47 South, Range 41 East,
29 according to the Plat of Florida Fruitlands
30 Subdivision, as recorded in Plat Book 1, page
31
6
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HB 4505, First Engrossed/ntc
1 102, of the Public Records of Palm Beach
2 County, Florida;
3
4 It is the intent of the above described legal
5 description to include all properties lying
6 West of the Rangeline between Ranges 41 and 42
7 East and lying East of L-40, a work of the
8 South Florida Water Management District and/or
9 the boundaries of Acme Improvement District, as
10 now laid out and in use, and South of the North
11 line of Section 36, Township 43 South, Range 41
12 East, and North of the South line of the Lake
13 Worth Drainage District, as now existing, not
14 previously lying within the boundaries of the
15 Lake Worth Drainage District as established by
16 the Florida Legislature or by petition of the
17 owner and ultimate annexation by the Lake Worth
18 Drainage District.
19 AND ALSO
20 Beginning at the centerline of N.W. 3rd Avenue
21 (formerly Beatty Street) and the centerline of
22 Atlantic Avenue; according to the plat of the
23 Map of the Town of Linton, Florida, as recorded
24 in Plat Book 1, Page 3, Public Records of Palm
25 Beach County, Florida; thence Northerly, along
26 the said centerline of N.W. 3rd Avenue, to a
27 point on the North right-of-way line of Lake
28 Ida Road, a county road, as now laid out and in
29 use (also known as N.W. 4th Street) (formerly
30 known as Market Street on said Plat Book 1,
31 Page 3); thence Westerly, along the said North
7
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 right-of-way line of Lake Ida Road, to a point
2 on the West line of Section 8, Township 46
3 South, Range 43 East, Palm Beach County,
4 Florida; thence Southerly, along the West line
5 of said Section 8 and the West line of Section
6 17, Township 46 South, Range 43 East, Palm
7 Beach County, Florida, to a point on the
8 centerline of said Atlantic Avenue (being also
9 the South line of the North Half (N 1/2) of
10 said Section 17); thence Easterly, along the
11 centerline of said Atlantic Avenue to the Point
12 of Beginning.
13
14 Additionally included into the boundaries of
15 the Lake Worth Drainage District are the
16 following described parcels:
17
18 Lot 8 and Lots 10 to 13 inclusive, Block 15,
19 and Lots 8 to 18 inclusive, Block 20, LAKE
20 BOYNTON ESTATES PLAT NO. 1, according to the
21 plat thereof on file in the office of the Clerk
22 of the Circuit Court in and for Palm Beach
23 County, Florida, recorded in Plat Book 13, Page
24 32;
25
26 AND
27
28 Lots 11 and 12, Block 21; Lots 8 to 19
29 inclusive, Block 26; Lots 6 to 26 inclusive,
30 Block 27; Lots 10 to 32 inclusive, Block 32;
31 Lots 5 to 20 inclusive, Block 33; and Lots 6 to
8
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HB 4505, First Engrossed/ntc
1 21 inclusive, Block 38, LAKE BOYNTON ESTATES
2 PLAT NO. 2, according to the plat thereof on
3 file in the office of the Clerk of the Circuit
4 Court in and for Palm Beach County, Florida,
5 recorded in Plat Book 14, Page 17;
6
7 AND
8
9 That part of W 1/2 of SE 1/4 of Section 29,
10 Township 45 South, of Range 43 East, Palm Beach
11 County, Florida, lying East of the West R/W
12 line of the E-4 Drainage Canal, and West of
13 said Lake Boynton Estates and South of Palm
14 Beach Leisureville, Third Section, according to
15 the Plat thereof as recorded in Plat Book 28,
16 Pages 243 and 244, Public Records of Palm Beach
17 County, Florida;
18
19 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
20
21 A Tract of land lying partially in Sections 16,
22 17, 20 and 21, Township 45 South, Range 43
23 East, Palm Beach County, Florida, said Tract
24 being more particularly described as follows:
25 Commencing at the Southwest corner of said
26 Section 17; thence North 1°44'39" East, along
27 the West line of Section 17, a distance of
28 1318.10 feet to a point in the intersection
29 with the centerline of N.W. 22nd Avenue, as
30 recorded in O.R. Book 1738, Page 1686, of the
31 Public Records of Palm Beach County, Florida;
9
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 thence with a bearing of North 89°04'32" East,
2 along the centerline of N.W. 22nd Avenue, a
3 distance of 778.37 feet to the Point of
4 Beginning; thence North 1°44'39" East a
5 distance of 1247.06 feet to the South
6 right-of-way line of L.W.D.D. Lateral 21,
7 thence North 89°08'49" East, along the South
8 right-of-way line of L.W.D.D. Lateral 21, as
9 recorded in O.R. Book 1732, Page 612, of the
10 Public Records of Palm Beach County, Florida, a
11 distance of 635.93 feet to the centerline of
12 the L.W.D.D. Equalizing Canal E-4, as recorded
13 in O.R. Book 1732, Page 612, of the Public
14 Records of Palm Beach County, Florida; thence
15 along the centerline of the above described E-4
16 Canal with a curve to the right having a chord
17 bearing of North 10°32'52" East, a radius of
18 750.00 feet, a central angle of 4°04'17", and
19 an arc length of 53.29 feet; thence continue
20 along the centerline of the E-4 Canal, with a
21 bearing of North 12°35'00" East, a distance of
22 320.69 feet to a point of curve; thence with a
23 curve to the left having a radius of 6500.00
24 feet, a central angle of 3°28'30", and an arc
25 length of 394.23 feet; thence North 9°06'30"
26 East, a distance of 1979.16 feet to a point on
27 the North Line of Section 17; thence with a
28 bearing of North 89°16'39" East along the North
29 line of Section 17, a distance of 1964.50 feet;
30 thence South 0°02'11" East, a distance of
31 2625.18 feet; thence North 89°08'49" East, a
10
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HB 4505, First Engrossed/ntc
1 distance of 368.96 feet to a point on the North
2 right-of-way line of N.W. 22nd Avenue as
3 recorded in O.R. Book 1738, Page 1686 of the
4 Public Records of Palm Beach County, Florida;
5 thence South 19°27'31" East, a distance of
6 50.00 feet to the centerline of N.W. 22nd
7 Avenue; thence with a curve to the right having
8 a chord bearing of North 75°29'49" East, a
9 radius of 1637.02 feet, a central angle of
10 9°53'58", and an arc length of 282.85 feet to a
11 point; thence North 12°02'41" East, a distance
12 of 915.72 feet; thence North 0°31'11" East a
13 distance of 399.70 feet; thence North 89°12'37"
14 East, a distance of 413.21 feet; thence South
15 88°22'56" East, a distance of 1349.70 feet to a
16 point on the West right-of-way line of the
17 Seaboard Coastline Railroad; thence South
18 0°28'21" East, along the West right-of-way line
19 of the Railroad, a distance of 1309.09 feet to
20 a point on the centerline of N.W. 22nd Avenue;
21 thence North 88°27'31" West, along the
22 centerline of N.W. 22nd Avenue a distance of
23 672.97 feet; thence South 0°33'53" East, a
24 distance of 1306.69 feet; thence South
25 88°45'31" East, a distance of 333.51 feet to a
26 point on the West right-of-way of the Seaboard
27 Coastline Railroad; thence with a bearing of
28 South 14°08'23" West, along the West
29 right-of-way of the railroad, a distance of
30 1312.49 feet; thence South 0°33'53" East, a
31 distance of 26.69 feet; thence South 13°15'22"
11
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 West, a distance of 920.57 feet; thence North
2 88°50'04" West a distance of 187.60 feet;
3 thence with a bearing of North 0°49'21" West, a
4 distance of 200.00 feet; thence North 88°50'04"
5 West, a distance of 218.00 feet; thence South
6 0°49'21" East, a distance of 200.00 feet;
7 thence North 88°50'04" West, a distance of
8 40.00 feet; thence South 0°40'21" East, a
9 distance of 556.84 feet; thence North 88°50'04"
10 West, a distance of 3617.26 feet to a point on
11 the centerline of the above described
12 centerline of the E-4 Canal; thence with a
13 bearing of North 5°18'14" West, a distance of
14 153.12 feet, thence with a curve to the right
15 having a radius of 450.00 feet, a central angle
16 of 15°36'44", and an arc length of 122.62 feet;
17 thence North 10°18'30" East, a distance of
18 988.60 feet to a point of curve; thence with a
19 curve to the left having a radius of 450.00
20 feet, a central angle of 18°20'00", and an arc
21 length of 143.99 feet; thence with a bearing of
22 North 8°01'30" West, a distance of 1255.14 feet
23 to a point on the centerline of N.W. 22nd
24 Avenue; thence with a bearing of South
25 89°04'32" West, along the centerline of N.W.
26 22nd Avenue a distance of 817.85 feet more or
27 less to the Point of Beginning. Containing
28 591.55 acres more or less and subject to
29 easements and rights-of-way of record.
30
31 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
12
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1
2 Commencing at the Northeast corner of Section
3 32, Township 45 South, Range 43 East, Palm
4 Beach County, Florida; thence due West
5 (assumed), along said North line of Section 32,
6 a distance of 112.84 feet to a point in the
7 Westerly right of way line of the Seaboard
8 Airline Railroad; thence S. 20°0'15" W., along
9 said Westerly right of way line; a distance of
10 764.69 feet to the Point of Beginning of the
11 parcel to be herein described; thence continue
12 S. 20°0'15" W., along the said westerly right
13 of way line of the Seaboard Airline Railroad, a
14 distance of 1733.18 feet to a point in the
15 Northerly right of way line of Southwest 23rd
16 Avenue, as shown on the Florida State Road
17 Department Right of Way Map of State Road I-95,
18 Section 93220-2411; thence N. 88°32'20" W.,
19 along said Northerly right of way line, a
20 distance of 164.10 feet to a point of curvature
21 of a curve concave to the South; thence
22 Westerly, along the arc of said curve, having a
23 radius of 2391.83 feet and a central angle of
24 9°46'14", a distance of 407.87 feet to a point
25 in the Easterly right of way line of Lake Worth
26 Drainage District E-4 Canal; thence N. 2°21'32"
27 E., along said Easterly right of way line of
28 E-4 Canal, a distance of 1903.86 feet; thence
29 due East, parallel with the North line of said
30 Section 32, a distance of 308.85 feet; thence
31 N. 2°21'32" E., a distance of 404.61 feet to a
13
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 point in the Southerly right of way line of
2 Woolbright Road, as shown in Road Plat Book 4,
3 page 85, public records of Palm Beach County,
4 Florida; thence due East along said Easterly
5 right of way line, a distance of 49.13 feet to
6 an intersection with the limited access right
7 of way line for Woolbright Road, as shown on
8 the Florida State Road Department Right of Way
9 Map of State Road I-95, Section 93220-2411;
10 thence S. 2°16'50" E., a distance of 16.42
11 feet; thence N. 87°43'10" E., a distance of
12 29.32 feet; thence S. 2°21'32" W., a distance
13 of 389.19 feet; thence S. 69°59'45" E., a
14 distance of 741.01 feet to the Point of
15 Beginning aforedescribed.
16
17 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
18
19 1. The west 160 feet of the east 280 feet of
20 that part of the west 5/8 of the north 1/2 of
21 the south 1/4 of the northeast 1/4 lying east
22 of Congress Avenue (less the south 185' and the
23 north 25' thereof); and
24
25 2. The northeast 1/4 of the southwest 1/4 of
26 the southeast 1/4 of the northeast 1/4 (less
27 the east 20 feet, the north 25 feet road right
28 of way and the northerly 133.18 feet of the
29 south 206 feet of the easterly 129 feet); and
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 3. That part of the south 1/4 of the northeast
2 1/4 lying easterly of the E-4 canal as
3 described in OR book 1948 page 1585 of the
4 Public Records of Palm Beach County; and
5
6 4. The West 100 feet of East 120 feet of the
7 West 5/8 of the North 1/2 of the South 1/4 of
8 the Northeast 1/4 of Section 18, Township 46
9 South, Range 43 East, LESS the North 20 feet
10 thereof, more clearly described as: Being that
11 portion of Tract 28 as shown on the plat of
12 MODEL LAND COMPANY SUBDIVISION of the North 1/2
13 (and part of the South 1/2) of Section 18,
14 Township 46 South, Range 43 East, as recorded
15 in Plat Book 6, page 51, Palm Beach County
16 Public Records described as follows:
17
18 Commencing at the Southeasterly corner of Tract
19 33 of said Plat, which is also the East 1/4
20 corner of said Section 18; thence Westerly
21 along the Southerly boundary of Tracts 33, 34
22 and 35 a distance of 1018.66 feet to the
23 Southwest corner of Tract 35; thence Northerly
24 along the Westerly boundary of Tract 35 a
25 distance of 679.9 feet more or less, to an iron
26 pin at the Northeast corner of said Tract 28;
27 thence Westerly along the North boundary of
28 Tract 28, a distance of 20.00 feet to the Point
29 of Beginning of land herein to be described;
30 thence continue Westerly along said Northerly
31 boundary of Tract 28 a distance of 100.00 feet
15
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 to an iron pin; thence Southerly forming
2 included angle of 89°01'50", a distance of
3 340.21 feet to an iron pin; thence Easterly
4 forming an included angle of 90°50'18", a
5 distance of 100.00 feet; thence Northerly,
6 forming an included angle of 89°09'42", a
7 distance of 340 feet to the point of beginning;
8 and
9
10 5. The Southerly 164 feet of the Easterly 275
11 feet of the North 1/2 of the Southeast 1/4 of
12 the Northeast 1/4 lying West of and adjacent to
13 Seaboard Airline Railway right-of-way less the
14 South 15 feet of the West 175 foot road
15 right-of-way; and
16
17 6. The Easterly 275 feet of the North 156 feet
18 of the South 320 feet of the North 1/2 of the
19 Southeast 1/4 of the Northeast 1/4 lying West
20 of and parallel to Seaboard Airline Railway
21 right-of-way; and
22
23 7. The North 200 feet of the South 320 feet of
24 the West 65 feet of the East 400 feet of the
25 North 1/2 of the Southeast 1/4 of the Northeast
26 1/4 lying west of and parallel to Seaboard
27 Airline Railway right-of-way; and
28
29 8. The North 100 feet of the South 120 feet of
30 the West 65 feet of the East 400 feet of the
31 North 1/2 of the Southeast 1/4 of the Northeast
16
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 1/4 lying West of and parallel to Seaboard
2 Airline Railway right-of-way; and
3
4 9. The South 300 feet of the Northerly 2005
5 feet of the West 100 feet of that part of the
6 Northeast 1/4 lying East of a line 550 feet
7 West of the center line of the Seaboard Airline
8 Railway right-of-way; and
9
10 10. The Southerly 405 feet of the Northerly
11 2005 feet of the Northeast 1/4 lying East of
12 the East right-of-way line of Lake Worth
13 Drainage District E-4 Canal and West of a line
14 parallel to and 550 feet West of the center
15 line of the Seaboard Airline Railway
16 right-of-way (less Congress Avenue
17 right-of-way); and
18
19 11. The North 85 feet of the South 185 feet of
20 the West 500 feet of the East 620 feet of the
21 West 5/8 of the North 1/2 of the South 1/4 of
22 the Northeast 1/4 East of Congress Avenue.
23
24 All of the aforesaid property lying in Section
25 18, Township 46 South, Range 43 East, Palm
26 Beach County, Florida.
27
28 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
29
30 Commencing at the Southeast corner of Section
31 5, Township 45 South, Range 43 East, Palm Beach
17
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 County, Florida, run thence along the South
2 Line of said Section 5, South 88°59'45" West
3 1307.62 feet to a point intersected by a
4 projection of the centerline of PAUL-MAR DRIVE
5 (formerly known as Baker's Island Access Road)
6 as shown on the plat of ISLAND ESTATES ADDITION
7 NO. 1, recorded in Plat Book 26, Page 95,
8 Public Records of Palm Beach County, Florida,
9 run thence along the centerline of said
10 PAUL-MAR DRIVE, North 19°40'45" West 212.0
11 feet; thence North 71°08'15" West 31.96 feet to
12 a pyramid monument on the westerly Right-of-Way
13 Line of said PAUL-MAR DRIVE and the POINT OF
14 BEGINNING.
15
16 FROM THE POINT OF BEGINNING, continue thence
17 North 71°08'15" West 410.04 feet to a pyramid
18 monument on the Easterly Right-of-Way Line of
19 Lake Worth Drainage District Canal E-4 and a
20 point on a curve concave to the West having a
21 radius of 810.0 feet; thence Southerly along
22 the arc of said curve and the Easterly
23 Right-of-Way line of said Canal 283.79 feet
24 through a central angle of 20°04'27" to
25 intersect the North Line of a Right-of-Way 80.0
26 feet wide known as HYPOLUXO ROAD; thence along
27 the North line of said HYPOLUXO ROAD South
28 87°21'15" East 472.5 feet to intersect the
29 Westerly Right-of-Way Line of the aforesaid
30 PAUL-MAR DRIVE at a point 40.0 feet North from
31 the South line of said Section 5; thence along
18
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 said Westerly Line of PAUL-MAR DRIVE, NORTH
2 19°40'45" West 181.24 feet to the POINT OF
3 BEGINNING.
4
5 Containing 2.144 Acres, more or less.
6
7 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
8
9 A portion of FLORIDA FRUIT LANDS COMPANY'S
10 SUBDIVISION NO. 2 of Section 25, Township 47
11 South, Range 41 East, according to the plat
12 thereof, as recorded in Plat Book 1, Page 102
13 of the Public Records of Palm Beach County,
14 Florida, and a portion of Section 26, Township
15 47 South, Range 41 East, more particularly
16 described as follows:
17
18 COMMENCE at the northeast corner of said
19 Section 25; thence South 87°08'00" West, along
20 the North boundary of said Section 65.25 feet;
21 thence South 00°52'29" East, along the West
22 right-of-way line of U.S. 441 (State Road 7),
23 as shown on Road Plat 1, Pages 35 through 41,
24 of said Public Records, 2777.12 feet to the
25 POINT OF BEGINNING; thence continue South
26 00°52'29" East, along said West right-of-way,
27 964.78 feet to a point on the right-of-way line
28 of Oriole Country Road, as described in
29 Right-of-Way Deed, recorded in Official Records
30 Book 2694, Page 497, of said Public Records;
31 thence South 88°55'19" West, along said
19
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 right-of-way line, 99.00 feet; thence North
2 00°52'29" West, along a line 99.00 feet West of
3 and parallel with said West right-of-way line,
4 24.91 feet; thence South 44°01'25" West, 35.29
5 feet to a point on said right-of-way line of
6 Oriole Country Road; thence South 88°55'19"
7 West, along said right-of-way line, 6,335.42
8 feet, to a point on the East boundary of
9 BOUNDARY PLAT OF ORIOLE COUNTRY, as recorded in
10 Plat Book 32, Pages 175 through 180, inclusive
11 of said Public Records; thence North 01°15'11"
12 West, along said boundary 284.59 feet; thence
13 North 89°41'26" East, 1336.23 feet, thence
14 North 01°15'30" West, 331.59 feet; thence North
15 88°38'36" East, 1288.61 feet; thence South
16 01°02'58" East, 334.16 feet; thence North
17 88°45'27" East, along the North boundary of
18 Tract 35 of said FLORIDA FRUIT LANDS COMPANY'S
19 SUBDIVISION NO. 2, a distance of 1316.15 feet;
20 thence North 00°59'33" West, along a line 15.00
21 feet East of and parallel with the West
22 boundary of the southeast one-quarter (S.E.
23 1/4) of said Section 25, a distance of 334.52
24 feet; thence North 88°35'38" East, along the
25 North boundary of Tract 63 of said plat, 779.44
26 feet; thence North 00°59'33" West, 336.43 feet;
27 thence North 88°25'49" East, along a line 15.00
28 feet South of and parallel with the North
29 boundary of said southeast one-quarter (S.E.
30 1/4), 1,744.62 feet to the POINT OF BEGINNING.
31
20
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HB 4505, First Engrossed/ntc
1 TOGETHER WITH:
2
3 A portion of said Section 26 bounded as
4 follows: on the North by the South
5 right-of-way line of said Oriole Country Road;
6 on the East by the East boundary of said
7 Section 26; on the South by a line 990.28 feet
8 North of and parallel with the South boundary
9 of said Section 26; and on the West by a line
10 335.00 feet West of and parallel with said East
11 boundary of Section 26.
12 Said lands lying in Palm Beach County, Florida,
13 containing 88.285 acres, more or less.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
16
17 That part of the West 1/2 of the Northwest 1/4
18 of the Northeast 1/4 of the Southwest 1/4 of
19 Section 18, Township 46 South, Range 43 East,
20 lying North of the Northerly right of way line
21 of State Road No. 806 (Atlantic Avenue) as
22 shown on the State Road Right of Way Map, as
23 recorded in Plat Book 3 at Pages 24 thru 30, of
24 the Public Records of Palm Beach County,
25 Florida, said tract of land being more
26 particularly described as follows:
27
28 Begin at point 60.00 feet East of the West line
29 of the West 1/2 of the Northwest 1/4 of the
30 Northeast 1/4 of the Southeast 1/4 of said
31 Section 18 and the North line of the West 1/2
21
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 of the Northwest 1/4 of the Northeast 1/4 of
2 the Southeast 1/4 of Section 18, Township 46
3 South, Range 43 East; thence run S. 89°47'46"
4 E. along the North line of the West 1/2 of the
5 Northwest 1/4 of the Northeast 1/4 of the
6 Southeast 1/4 of said Section 18 for 279.56
7 feet to the East line of the West 1/2 of the
8 Northwest 1/4 of the Northeast 1/4 of the
9 Southeast 1/4 of said Section 18; thence run S.
10 00°20'41" E. along said East line for 128.92
11 feet to an intersection with the Northerly
12 right of way line of State Road No. 806, said
13 point being situated on a circular curve
14 concave to the Southeast and having for its
15 elements a radius of 1963.08 feet and a central
16 angle of 09°33'04" and a chord bearing of S.
17 61°26'21" W.; thence run Southwesterly along
18 the arc of Road No. 806 for an arc distance of
19 273.35 feet to a point of reverse curvature of
20 a circular curve concave to the Northeast and
21 having for its elements a radius of 25.00 feet
22 and a central angle of 122°04'19"; thence run
23 Northwesterly along the arc of said curve for
24 an arc distance of 53.26 feet to a point of
25 tangency on the East right of way line of
26 Congress Avenue; thence run N. 00°28'41" W.
27 parallel to and 60.00 feet East of the West
28 line of the West 1/2 of the Northwest 1/4 of
29 the Northeast 1/4 of the Southeast 1/4 of said
30 Section 18, along the East right of way line of
31 Congress Ave. for 239.63 feet to the Point of
22
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HB 4505, First Engrossed/ntc
1 Beginning. Said Land lying in the City of
2 Delray Beach, Palm Beach County, Florida.
3
4 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
5
6 THE SOUTH 1/2, OF THE SOUTHWEST 1/4, OF THE
7 NORTHWEST 1/4, OF THE NORTHEAST 1/4, LESS THAT
8 PORTION LYING WITHIN THE LIMITS OF THE EL RIO
9 CANAL RIGHT-OF-WAY; THE SOUTHEAST 1/4, OF THE
10 NORTHWEST 1/4, OF THE NORTHEAST 1/4; THE
11 SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF THE
12 NORTHEAST 1/4, LYING WEST OF THE FLORIDA EAST
13 COAST RAILWAY RIGHT-OF-WAY, AND THE NORTHEAST
14 1/4, OF THE SOUTHWEST 1/4, OF THE NORTHEAST
15 1/4, LYING WEST OF THE FLORIDA EAST COAST
16 RAILWAY RIGHT-OF-WAY, ALL LYING IN SECTION 31,
17 TOWNSHIP 47 SOUTH, RANGE 43 EAST, PALM BEACH
18 COUNTY, FLORIDA, AND LYING SOUTH OF AND
19 ADJACENT TO THE PLAT OF "ESTOVILLE", AS
20 RECORDED IN PLAT BOOK 34, PAGE 164, OF THE
21 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
22
23 SAID LANDS SITUATE IN THE CITY OF BOCA RATON,
24 PALM BEACH COUNTY, FLORIDA.
25
26 CONTAINING 26.45 ACRES, MORE OR LESS.
27
28 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
29
30 A portion of Section 6, Township 47 S., Range
31 43 E., together with a portion of Section 31,
23
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HB 4505, First Engrossed/ntc
1 Township 46 S., Range 43 E., being more
2 particularly described as follows:
3
4 Commencing at the N.E. corner of said Section
5 6; thence South 89°54'06" West, along the North
6 line of said Section 6, a distance of 614.51
7 feet to the Point of Beginning said point being
8 on the West right-of-way line of the Seaboard
9 Coastline Railroad: thence South 00°10'37"
10 East, along said right-of-way a distance of
11 100.00 feet; thence South 89°54'06" West,
12 parallel with and 100.00 feet South of, as
13 measured at right angles to the North line of
14 said Section 6, a distance of 300.00 feet;
15 thence South 00°10'37" East, a distance of
16 300.00 feet; thence North 89°54'06" East, a
17 distance of 300.00 feet to the West
18 right-of-way of the Seaboard Coastline
19 Railroad; thence South 00°10'37" East, along
20 said right-of-way a distance of 1023.13' to a
21 point on the Northerly right-of-way line of
22 Clint Moore Road as recorded in Road Plat Book
23 4, Page 240 of the public records of Palm Beach
24 County, Florida; thence North 48°15'37" West, a
25 distance of 552.03 feet; thence North 53°15'52"
26 West, a distance of 428.49 feet; thence South
27 34°57'19" West, a distance of 41.71 feet to a
28 point on the arc of a circular curve concave to
29 the Southwest, whose radius point bears South
30 34°57'19" West, from the last described point;
31 thence Northerly and Westerly, along the arc of
24
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HB 4505, First Engrossed/ntc
1 said curve, having a radius of 1969.86 feet, a
2 central angle of 19°55'05", an arc distance of
3 684.79 feet; the last four described courses
4 being coincident with said Northerly
5 right-of-way line of Clint Moore Road; thence
6 North 00°09'05" West, a distance of 543.21 feet
7 to a point on the North line of said Section 6;
8 thence South 89°54'06" West, along said Section
9 line a distance of 669.43 feet to the North
10 One-Quarter Corner of Section 6; thence
11 continue South 89°54'06" West, along the last
12 described course, a distance of 606.10 feet to
13 the East top of bank of the Lake Worth Drainage
14 District E-4 Canal as laid out and in use;
15 thence North 03°39'32" West, a distance of
16 228.12 feet; thence North 08°11'09" West, a
17 distance of 812.33 feet; thence North 01°38'02"
18 East, a distance of 287.91 feet; thence North
19 07°29'43" East, a distance of 740.15 feet to a
20 point on the Easterly right-of-way line of
21 Congress Avenue, as recorded in Road Plat Book
22 4, Page 143 of the Public Records of Palm Beach
23 County, Florida, the last four described
24 courses being coincident with the said East top
25 of Bank of Lake Worth Drainage District E-4
26 Canal; thence North 47°33'13" East, along said
27 Easterly right-of-way, a distance of 2229.95
28 feet to the point of curvature of a circular
29 curve concave to the Northwest; thence
30 Northerly along said right-of-way line of
31 Congress Avenue, along the arc of said curve,
25
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HB 4505, First Engrossed/ntc
1 having a radius of 1969.86 feet, a central
2 angle of 13°51'51", an arc distance of 476.66
3 feet; thence South 89°56'10" East, a distance
4 of 727.76 feet to the aforesaid West
5 right-of-way line of Seaboard Coastline
6 Railroad; thence South 00°10'37" East, along
7 said right-of-way a distance of 3913.66 feet to
8 the Point of Beginning, together with the
9 following described Parcel.
10
11 A portion of Section 31, Township 46 South,
12 Range 43 East being more particularly described
13 as follows:
14
15 Commencing at the Southeast corner of said
16 Section 31; thence South 89°54'06" West, along
17 the South line of said Section 31, a distance
18 of 614.51 feet, to a point on the said West
19 right-of-way line of the Seaboard Coastline
20 Railroad; thence North 00°10'37" West, along
21 said right-of-way, a distance of 3913.66 feet;
22 thence North 09°56'10" West, a distance of
23 874.00 feet to a point on the arc of a circular
24 curve concave to the Northwest whose radius
25 point bears North 53°48'05" West, from the last
26 described point said point being on the
27 Westerly right-of-way line of said Congress
28 Avenue, said point being the Point of
29 Beginning; thence Southerly and Westerly, along
30 the arc of said curve, having a radius of
31 1849.86 feet, a central angle of 11°21'18", an
26
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 arc distance of 366.61 feet to the point of
2 tangency; thence South 47°33'13" West, a
3 distance of 2103.69 feet to the East top of
4 bank of Lake Worth Drainage District E-4 Canal
5 as laid out and in use; the last two described
6 courses being coincident with the said Westerly
7 right-of-way line of Congress Avenue: Thence
8 North 05°30'35" East, a distance of 345.03
9 feet; thence North 01°12'47" West, a distance
10 of 1351.18 feet, the last two described courses
11 being coincident with said East top of bank of
12 Lake Worth Drainage District E-4 Canal; thence
13 South 89°56'10" East, a distance of 1792.14
14 feet to the Point of Beginning.
15
16 LESS and except the following described parcel:
17
18 Being a parcel of land in Section 31, Township
19 46 South, Range 43 East and being a portion of
20 Tract "A" according to the Plat of Boca
21 Commerce Center Phase I, as recorded in Plat
22 Book 46, Pages 44 - 46, of the Public Records
23 of Palm Beach County, Florida, and being more
24 particularly described as follows:
25
26 Begin at the Northeast corner of said Tract
27 "A", said Northeast corner also being the
28 Northeast corner of said Boca Commerce Center
29 Phase I, run thence South 00°10'37" East, along
30 the Easterly line of Tract "A" and Boca
31 Commerce Center Phase I, a distance of 230.49
27
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 feet, thence North 86°56'10" West, a distance
2 of 200.32 feet, thence South 00°10'37" East, a
3 distance of 20.03 feet to the south line and
4 its easterly extension, of the North 20'
5 maintenance easement located within said Tract
6 "A" thence North 86°56'10" West, along said
7 south line a distance of 332.00 feet, thence
8 South 47°33'13" West along said easement line a
9 distance of 151.27 feet, thence North 42°26'47"
10 West, along a nonradial line, a distance of
11 265.46 feet to an intersection with the
12 westerly right-of-way of Congress Avenue, said
13 right-of-way being a circular curve concave to
14 the Northwest having a radius of 1969.86 feet,
15 a central angle of 04°38'34", and whose radius
16 point bears North 51°40'04" West from said
17 intersection, thence along the arc of said
18 curve a distance of 159.62 feet to the
19 Northwest corner of said Tract "A" and Boca
20 Commerce Center Phase I, thence South 89°56'10"
21 East, along the North line of said Tract "A"
22 and Boca Commerce Center Phase I, a distance of
23 727.76 feet to the Point of Beginning.
24
25 Containing 4.2851 acres more or less
26
27 Said lands lying in the City of Boca Raton,
28 Palm Beach County, Florida.
29
30 together with:
31
28
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 A portion of Section 6, Township 47 South,
2 Range 43 East being more particularly described
3 as follows:
4
5 Commencing at the Northeast corner of said
6 Section 6; thence South 89°54'06" West, along
7 the North line of said Section 6, a distance of
8 614.51 feet to a point on the said West
9 right-of-way line of Seaboard Coastline
10 Railroad; thence South 00°10'37" East, along
11 said right-of-way a distance of 1759.10 feet,
12 to a point on the Southerly right-of-way line
13 of said Clint Moore Road; and the Point of
14 Beginning; thence continue South 00°10'37" East
15 along the last described course a distance of
16 241.74 feet to the Point of Curvature of a
17 circular curve concave to the West; thence
18 Southerly and Westerly, along the arc of said
19 curve, along said Westerly right-of-way line,
20 having a radius of 3365.62 feet, a central
21 angle of 37°54'31", an arc distance of 2226.80
22 feet; thence North 00°25'10" East, a distance
23 of 1155.17 feet; thence South 89°49'16" West, a
24 distance of 696.92 feet; thence North 00°09'05"
25 West, a distance of 2247.67 feet to a point on
26 the arc of a circular curve concave to the
27 South, whose radius point bears South 16°02'55"
28 West, from the last described point, said point
29 also being on the said Southerly right-of-way
30 line of Clint Moore Road; thence Easterly and
31 Southerly, along the arc of said curve, having
29
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HB 4505, First Engrossed/ntc
1 a radius of 1849.86 feet, a central angle of
2 18°54'24", an arc distance of 610.42 feet;
3 thence South 34°57'19" West, radial to the last
4 described curve a distance of 38.38 feet;
5 thence South 45°01'58" East, a distance of
6 247.52 feet; thence South 48°15'37" East, a
7 distance of 932.56 feet, to the Point of
8 Beginning, (the last four described courses
9 being coincident with the said Southerly
10 right-of-way line of Clint Moore Road).
11
12 Said lands situate, lying and being in Palm
13 Beach County, Florida.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
16
17 A parcel of land situating in Section 25,
18 Township 47 South, Range 41 East, Palm Beach
19 County, Florida, being a portion of Lots 2
20 through 6 and Lots 11 through 15 and together
21 with the vacated former road right-of-way lying
22 to the west per resolution of vacation recorded
23 in Official Records Book 1841, Pages 1960
24 through 1963 of the Public Records of Palm
25 Beach County, Florida, as shown on the plat of
26 "Florida Fruitlands Company's Subdivision No.
27 2", as recorded in Plat Book 1, Page 102 of the
28 Public Records of Palm Beach County, Florida,
29 being more particularly described as follows:
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 Commencing at the Northeast corner of the plat
2 of "Allegro", according to the plat thereof, as
3 recorded in Plat Book 60, Pages 3 through 7 of
4 the Public Records of Palm Beach County,
5 Florida, thence S 88°42'41" E along the
6 easterly projection of the north line of said
7 plat, a distance of 26.00 feet to the west line
8 of that 99.00 foot right-of-way parcel
9 described in that order of taking recorded in
10 Official Record Book 5165, Pages 1381 through
11 1383 of the Public Records of Palm Beach
12 County, Florida, and the point of beginning of
13 this description; thence N 00°33'18" W along
14 said west line, a distance of 1,216.21 feet;
15 thence S 89°56'55" W along the south line of
16 "Holiday City at Boca Raton", as recorded in
17 Plat Book 29, Page 192 of the Public Records of
18 Palm Beach County, Florida, a distance of
19 1,026.66 feet to the southwest corner of Lot 6,
20 Block 2 of "Holiday City at Boca Raton Section
21 2", as recorded in Plat Book 30, Page 118 of
22 the Public Records of Palm Beach County,
23 Florida; thence N 25°00'05" W, a distance of
24 73.49 feet; thence N 64°59'55" E, a distance of
25 100.00 feet; thence N 25°00'05" W, a distance
26 of 100.00 feet; thence S 64°59'55" W, a
27 distance of 100.00 feet; thence N 25°00'05" W,
28 a distance of 85.20 feet; thence S 87°26'20" W,
29 a distance of 33.99 feet; thence S 64°59'15" W
30 along the southerly line of said "Holiday City
31 at Boca Raton Section 2" and the southwesterly
31
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 projection thereof, a distance of 1,400.03 feet
2 to an intersection with a line 15.00 feet west
3 of and parallel with, as measured at right
4 angles to the west line of Lots 11 through 14
5 of said "Florida Fruitlands Company's
6 Subdivision No. 2"; thence S 00°47'50" E along
7 said line, a distance of 911.13 feet; thence S
8 88°42'41" E along the north line of said
9 "Allegro" subdivision and the westerly
10 extension thereof, a distance of 2,438.39 feet
11 to the Point of Beginning.
12
13 Said lands situate in Palm Beach County,
14 Florida.
15
16 Containing 68.4963 acres, more or less.
17
18 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
19
20 The Southwest One Quarter (SW. 1/4) of the
21 Southwest One Quarter (SW 1/4) of the Southeast
22 One-Quarter (SE 1/4) of the Northeast
23 One-Quarter (NE 1/4) of Section 18, Township 46
24 South, Range 43 East, Palm Beach County,
25 Florida. Less and excepting therefrom, the West
26 60.00 feet thereof for road right of way for
27 Congress Avenue.
28
29 Containing 2.19 acres, more or less
30
31 TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS
32
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1
2 PARCEL "A"
3 LEGAL DESCRIPTION
4
5 A parcel being a portion of the Southwest
6 Quarter (SW 1/4) of the Southwest Quarter (SW
7 1/4) of the Southwest Quarter (SW 1/4) of
8 Section 4, Township 45 South, Range 43 East,
9 Palm Beach County, Florida. Said parcel of land
10 being more particularly described as follows:
11
12 From the Southwest corner of said Section 4 run
13 N 02°18'16" W along the West line of said
14 Section 4 a distance of 348.39 feet; thence S
15 89°50'23" E a distance of 40.03 feet to a point
16 on the Easterly right-of-way line of High Ridge
17 Road (80.00 feet wide) and POINT OF BEGINNING.
18 Continue thence S 89°50'23" E along the North
19 line of the South half of the Southwest Quarter
20 of the Southwest Quarter of the Southwest
21 Quarter of said Section 4, a distance of 223.50
22 feet; thence S 02°18'16" E parallel with said
23 Easterly right-of-way line of High Ridge Road a
24 distance of 293.60 feet; thence N 90°00'00" W
25 along the Northerly right-of-way line of
26 Hypoluxo Road (108 feet wide) a distance of
27 199.46 feet; thence N 46°09'08" W a distance of
28 34.64 feet; thence N 02°18'16" W along the
29 easterly right-of-way line of High Ridge Road a
30 distance of 270.21 feet to the POINT OF
31 BEGINNING.
33
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HB 4505, First Engrossed/ntc
1
2 Containing 1.500 acres.
3
4 PARCEL "B"
5 LEGAL DESCRIPTION
6
7 A parcel being a portion of the Southwest
8 Quarter (SW 1/4) of the Southwest Quarter (SW
9 1/4) of the Southwest Quarter (SW 1/4) of
10 Section 4, Township 45 South, Range 43 East,
11 Palm Beach County, Florida. Said parcel of land
12 being more particularly described as follows:
13
14 From the Southwest corner of said Section 4 run
15 N 02°18'16" W along the West line of said
16 Section 4 a distance of 348.39 feet; thence S
17 89°50'23" E a distance of 40.03 feet to a point
18 on the easterly right-of-way line of High Ridge
19 Road (80.00 feet wide); continue thence S
20 89°50'23" E along the North line of the South
21 half of the Southwest Quarter of the Southwest
22 Quarter of the Southwest Quarter of said
23 Section 4, a distance of 223.50 feet to the
24 POINT OF BEGINNING; continue thence S 89°50'23"
25 E a distance of 418.14 feet; thence S 02°18'16"
26 E along the West line of the West half of the
27 East half of the Southwest Quarter (SW 1/4) of
28 the Southwest Quarter (SW 1/4) of said Section
29 4, a distance of 242.87 feet; thence S
30 57°40'43" W a distance of 53.34 feet; thence S
31 85°48'21" W along the Northerly right-of-way
34
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 line of Hypoluxo Road (108 feet wide) a
2 distance of 287.05 feet; thence continuing
3 along said right-of-way line N 90°00'00" W a
4 distance of 84.61 feet; thence N 02°18'16" W a
5 distance of 293.60 feet to the POINT OF
6 BEGINNING.
7
8 Containing 2.703 acres more or less.
9
10 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
11
12 Lots 7 and 8, Plat of High Ridge Subdivision as
13 recorded in Plat Book 22, Page 6, Public
14 Records of Palm Beach County, Florida.
15
16 Containing 1.59 acres more or less.
17
18 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
19
20 A parcel of land in Tract 5, Block 4, Section
21 6, Plat No. 1, Sheet 1, PALM BEACH PLANTATIONS
22 as recorded in Plat Book 10, at Page 20, Public
23 Records of Palm Beach County, Florida lying and
24 being in Section 6, Township 44 South, Range 43
25 East and being more particularly described as
26 follows:
27
28 Commencing at the Northwest corner of said
29 Tract 5, said point also being on the
30 centerline of the 80 foot wide Davis Road
31 Right-of-Way; Thence South 88°35'21" East along
35
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 the North line of said Tract 5, a distance of
2 40.00 feet to a point on the Easterly
3 Right-of-Way line of said Davis Road and the
4 POINT-OF-BEGINNING; Thence continue South
5 88°35'21" East along the North line of said
6 Tract 5, a distance of 535.56 feet; Thence
7 South 29°19'55" East, a distance of 94.73 feet
8 to a point on the Northerly Right-of-Way line
9 of the 80.00 feet wide Summit Boulevard; Thence
10 South 60°40'05" West along the Northerly
11 Right-of-Way line of Summit Boulevard, a
12 distance of 640.21 feet to a point of curvature
13 of circular curve concave Northeasterly; Thence
14 Southwesterly, Westerly, Northwesterly, and
15 Northerly along the arc of said circular curve
16 having a radius of 25 feet and a central angle
17 of 121°20'22", a distance of 52.94 feet to a
18 point on the Easterly Right-of-Way line of said
19 Davis Road, said point also being 40.00 feet
20 East of, as measured at right angles to, the
21 West line of said Tract 5; Thence North
22 02°00'27" East along the Easterly Right-of-Way
23 line of said Davis Road and along a line of
24 40.00 feet East of and parallel with, as
25 measured at right angles to, the West line of
26 said Tract 5, a distance of 386.96 feet to the
27 POINT-OF-BEGINNING.
28
29 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
30
31 Hillsboro Plaza I & II
36
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 in Section 25, Township 47S, Range 41E
2 Palm Beach County, Florida.
3
4 Parcel F-1 as same is shown on Plat No. 1 Boca
5 Trails recorded in Plat Book 32, at page 126 &
6 127, Public Records of Palm Beach County,
7 Florida.
8
9 Together with a parcel of land described as
10 follows:
11
12 Commencing at the Southeast Corner of Section
13 25, Township 47 South, Range 41 East, Palm
14 Beach County, Florida, as surveyed by the State
15 of Florida in May and June 1912 and as shown on
16 the Right-of-Way Map of the Florida State Road
17 Department in their survey of State Road No. 7
18 in February 1941 as Project 5268; run (for
19 convenience the South line of said Section 25
20 is assumed to bear North 88°54'16" West and all
21 other bearings mentioned herein are relative
22 thereto) thence North 88°54'16" West along the
23 South line of said Section 25 a distance of
24 148.58 feet to the westerly Right-of-Way line
25 of State Road No. 7; thence North along said
26 Right-of-Way line a distance of 43.53 feet to
27 an angle point; thence North 0°28'33" East
28 continuing along said Right-of-Way line a
29 distance of 501.26 feet to a point in the North
30 Right-of-Way line of Sandalfoot Boulevard as
31 same is recorded in ORB 1848, Page 1615, Public
37
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 Records of Palm Beach County, Florida, thence
2 North 89°04'09" West along said Right-of-Way of
3 Sandalfoot Boulevard 99.00 feet; thence North
4 00°28'33" East 200.00 feet to the Point of
5 Beginning and the Southeast corner of the
6 herein described parcel; thence continue North
7 00°28'33" East 294.43 feet; thence North
8 89°23'54" W 220.68 feet; thence South 00°28'33"
9 West 293.17 feet; thence South 89°04'09" East
10 220.68 feet, more or less, to the Point of
11 Beginning.
12
13 All comprising 3.27 acres more or less.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS
16
17 Parcels of land lying in Sections 14, 15 and
18 22, Township 47 South, Range 41 East, being
19 more particularly described as follows:
20
21 Tracts herein described as being in "Boundary
22 Plat of Oriole Country," as recorded in Plat
23 Book 32, Pages 175 thru 180, Public Records of
24 Palm Beach County, Florida.
25
26 All of Tract "Z-1", "Z-2", "Z-3", "Z-4", "Z-5",
27 "Z-6", "Z-7"
28
29 AND ALSO
30
31
38
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 All of Tract 49 in Section 15, Township 47
2 South, Range 41 East, according to the plat of
3 Florida Fruitland Company's Subdivision No. 2
4 recorded in Plat Book 1, Page 102, Public
5 Records of Palm Beach County, Florida.
6
7 AND ALSO
8
9 Roads #1, #2, #3 and #4, more particularly
10 described as follows:
11
12 ROAD #1
13
14 A parcel of land 30 feet wide designated as
15 Road No. 1, as shown on drawing number
16 1-83-115D-2 at Sheet 2 of 4, said North
17 right-of-way line lying adjacent to the South
18 line of Tracts 31 and 30, in Section 15,
19 Township 47 South, Range 41 East, according to
20 the plat of Florida Fruitland Company's
21 Subdivision No. 2 as recorded in Plat Book 1,
22 Page 102, Public Records of Palm Beach County,
23 Florida, lying in Sections 15 and 22, Township
24 47 South, Range 41 East.
25
26 Terminating at the Southeasterly line
27 designated as Tract S-12B (also known as
28 University Expressway) as recorded on "Boundary
29 Plat of Oriole Country" recorded in Plat Book
30 32, Pages 175-180, Public Records of Palm Beach
31 County, Florida.
39
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HB 4505, First Engrossed/ntc
1
2 Containing 0.99 acre
3
4 AND ALSO
5 Road #2
6
7 A parcel of land 30 feet wide designated as
8 Road #2 as shown on drawing number 1-83-115D-2
9 Sheet 2 and 3 of 4, being a part of Florida
10 Fruitland Company's Subdivision No. 2 as
11 recorded in Plat Book 1, Page 102, Public
12 Records of Palm Beach County, Florida, lying in
13 Section 15, Township 47 South, Range 41 East,
14 and being more particularly described as
15 follows:
16
17 Bounded on the North by the South lines of
18 Tracts 8, 9, and 20. Bounded on the South by
19 the North line of Tracts 39, 54 and 23; of said
20 Florida Fruitland Company's Subdivision #2.
21 Bounded on the West by the Northeasterly
22 right-of-way line of Central and Southern
23 Florida Flood Control District Levee L-40.
24
25 Containing 2.56 acres, more or less.
26
27 AND ALSO
28 Road #3
29
30 A parcel of land 30 feet wide designated as
31 Road No. 3, as shown on drawing number
40
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 1-83-115D-2 Sheet 2 of 4 and being more
2 particularly described as follows:
3
4 Bounded on the South by the Northwesterly line
5 of Tract S-12B-(Also known as University
6 Expressway) as recorded on "Boundary Plat of
7 Oriole Country" recorded in Plat Book 32, Pages
8 175-180, Public Records of Palm Beach County,
9 Florida.
10
11 Bounded on the West by the East line of Tracts
12 30, 29, 28, 27, 26, 25, 24, 23, and Tracts 20,
13 19 and 18, Florida Fruitland Company's
14 Subdivision No. 2 as recorded in Plat Book 1,
15 Page 102, Public Records of Palm Beach County,
16 Florida.
17
18 Bounded on the North by the Southeasterly
19 right-of-way line of Central and Southern
20 Florida Flood Control District Levee L-40.
21
22 Bounded on the East by the West lines of Tracts
23 13, 12, 11, 10, 9 and 54, 53, 52, 51, 50, 49,
24 48, and 47, Florida Fruitland Company's
25 Subdivision No. 2 as recorded in Plat Book 1,
26 Page 102, Public Records of Palm Beach County,
27 Florida.
28
29 All lying and being in Section 15, Township 47
30 South, Range 41 East.
31
41
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HB 4505, First Engrossed/ntc
1 Containing 2.80 acres, more or less.
2
3 AND ALSO
4 Road #4
5 A parcel of land 30 feet wide designated as
6 Road No. 4 on drawing number 1-83-115D-2 Sheet
7 No. 3 of 4, lying in Sections 14 & 15, Township
8 47 South, Range 41 East, and being more
9 particularly described as follows:
10
11 Bounded on the East tract "Z-1", boundary plat
12 of Oriole Country as recorded in Plat Book 32,
13 Pages 175 - 180, Public Records of Palm Beach
14 County, Florida.
15
16 Bounded on the West by Tracts 1, 2, 3, 4, 5, 6,
17 7, 8, 39, 40, 41, and 42, Florida Fruitland
18 Company's Subdivision No. 2, as recorded in
19 Plat Book 1, Page 102, Public Records of Palm
20 Beach County, Florida.
21
22 Terminating at the intersections of the North
23 lines of Tract 1, said Florida Fruitland
24 Company's Subdivision No. 2, as recorded in
25 Plat Book 1, Page 102, and said Tract "Z-1"
26 boundary plat of Oriole Country, as recorded in
27 Plat Book 32, Pages 175 - 180, Public Records
28 of Palm Beach County, Florida.
29
30 Containing 2.54 acres, more or less.
31
42
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HB 4505, First Engrossed/ntc
1 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
2
3 Lot 16, Block 43, and a portion of Blocks 44
4 and 52, and a portion of the road rights-of-way
5 and alley rights-of-way adjacent thereto, map
6 of the Town of Linton, Florida, according to
7 the plat thereof recorded in Plat Book 1 at
8 Page 3 of the Public Records of Palm Beach
9 County, Florida and being more particularly
10 described as follows:
11
12 Begin at the Southwest corner of Lot 8, Block
13 43, map of the Town of Linton, Florida,
14 according to the plat thereof recorded in Plat
15 Book 1 at Page 3 of the Public Records of Palm
16 Beach County, Florida and run on an assumed
17 bearing of S89°37'45" E along the North
18 right-of-way line of N.W. 1st Street, said line
19 being coincident with the South line of Block
20 43 of said plat, map of the Town of Linton,
21 Florida, for a distance of 135.62 feet; thence
22 N 00°29'59" W along the East line of said Lot
23 8, Block 43 for 76.50 feet; thence S 89°37'45"
24 E along the easterly extension of the North
25 line of said Lot 8, Block 43 and the North line
26 of said Lot 16, Block 43 for 151.65 feet;
27 thence S 00°29'59" E along the East line of
28 said Lot 16, Block 43 for 76.50 feet; thence S
29 89°37'45" E along the Easterly extension of the
30 North right-of-way line of N.W. 1st Street and
31 that portion of the North right-of-way line of
43
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 N.W. 1st Street abandoned by the City of Delray
2 Beach according to Resolution No. 1225 Recorded
3 in Official Records Book 475 at Page 285 of the
4 Public Records of Palm Beach County, Florida,
5 for 154.13 feet; thence S 00°14'24" W for 28.87
6 feet; thence S 89°45'36" E for 55.46 feet;
7 thence N 00°14'24" E for 28.75 feet; thence S
8 89°37'45" E along said North right-of-way line
9 of that portion of road right-of-way of N.W.
10 1st Street abandoned by the City of Delray
11 Beach according to Resolution No. 1225 recorded
12 in Official Records Book 475 at Page 285 of the
13 Public Records of Palm Beach County, Florida
14 for a distance of 127.46 feet; thence S
15 00°28'54" E along the West right-of-way line of
16 N.W. 1st Avenue being coincident with the East
17 line of said Block 52 for a distance of 609.12
18 feet to a point of curvature; thence Southerly,
19 Southwesterly and Westerly along a circular
20 curve to the right and concave to the
21 Northwest, having a radius of 25.00 feet and a
22 central angle of 90°51'30" for an arc distance
23 of 39.64 feet to a point of tangency; thence N
24 89°37'24"W along the North right-of-way line of
25 Atlantic Avenue, being a 106 foot right-of-way
26 according to the Florida Department of
27 Transportation Right-of-Way Map, for Section
28 No. 93550-2601, for a distance of 574.29 feet
29 to a point of curvature; thence Westerly,
30 Northwesterly and Northerly along a circular
31 curve to the right and concave to the Northeast
44
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HB 4505, First Engrossed/ntc
1 having a radius of 25.00 feet and a central
2 angle of 89°08'23" for an arc distance of 38.89
3 feet to a point of tangency; thence N 00°29'02"
4 W along the West line of said Block 44, being
5 coincident with the East right-of-way line of
6 N.W. 3rd Avenue for 609.80 feet to the POINT OF
7 BEGINNING.
8
9 Said lands situate within the City of Delray
10 Beach, Palm Beach County, Florida.
11
12 Containing 9.32 acres more or less.
13
14 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
15
16 Lots 80, 81 and 82 inclusive, as shown on the
17 Plat of P.C.D. Center, as recorded in Plat Book
18 60, Pages 106 and 107, of the official records
19 of Palm Beach County, Florida.
20
21 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
22
23 E-4 (South Parcel)
24
25 Beginning at the Southeast corner of Section 5,
26 Township 45 South, Range 43 East, Palm Beach
27 County, Florida, thence running Westerly along
28 South line of said section for a distance of
29 1307.58 feet to a point which is the
30 intersection of the projection of the center
31 line of Baker Road; thence continuing Westerly
45
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 along said south line of said Section 5 for a
2 distance of 188.04 feet to the Meander Corner;
3 thence Northeasterly at an angle of 68°08'
4 turned East to North, for a distance of 35.44
5 feet along the meander line to a point (said
6 point being also the Southeast Corner of the
7 Samuel Goldberg property); thence continuing
8 Northeasterly along said meander line for a
9 distance of 187.17 feet to the Meander Corner
10 and the Point of Beginning (said corner being
11 also the Northeast Corner of said Samuel
12 Goldberg property); thence continuing
13 Northwesterly at an angle of 139°27'30" turned
14 from South through West to North, for a
15 distance of 351.43 feet along West right of way
16 of Baker Road; thence Northwesterly at an angle
17 of 128°32'30" turned from South through West to
18 North, for a distance of approximately 365 feet
19 to the edge of the waters of Lake Osborne;
20 thence Southerly, meandering along said edge of
21 the waters of Lake Osborne to the Meander Line
22 (said line being also the Northern boundary of
23 said Samuel Goldberg property); thence
24 Southeasterly along said Meander Line for a
25 distance of approximately 420 feet to the
26 aforementioned Meander Corner (which corner is
27 the Northeast corner of said Samuel Goldberg
28 property) and the Point of Beginning.
29
30 THE FOLLOWING LANDS NOT INCLUDED IN THE ABOVE
31 DESCRIPTION:
46
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HB 4505, First Engrossed/ntc
1
2 Tract 32, Section 13, Township 47 South, Range
3 41 East, according to the Plat of Florida
4 Fruitlands Subdivision, as recorded in Plat
5 Book 1, page 102, of the Public Records of Palm
6 Beach County, Florida;
7
8 AND ALSO
9
10 The East One-half (E 1/2) of the East One-half
11 (E 1/2) of the Northwest One-quarter (NW 1/4)
12 AND the Northeast One-quarter (NE 1/4) AND the
13 East Three-quarters (E 3/4) of the East
14 One-half (E 1/2) of the Southeast One-quarter
15 (SE 1/4), all in Section 1, Township 47 South,
16 Range 42 East, LESS the following described
17 parcels "A" and "B":
18
19 PARCEL "A":
20
21 Beginning at the Southeast Corner of the
22 aforementioned Section 1; thence with a bearing
23 of North 88°35'00" West along the South line of
24 Section 1, a distance of 997.0 feet to a point;
25 thence with a bearing of North 00°23'59" East a
26 distance of 2,784.14 feet to a point; thence
27 with a bearing of North 89°06'10" West a
28 distance of 2,335.88 feet to a point; thence
29 with a bearing of North 00°11'25" East a
30 distance of 2,176.02 feet to a point on the
31 South Right-of-Way line of Clintmoore Road;
47
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 thence with a bearing of South 89°29'00" East
2 along the South Right-of-Way line of Clintmoore
3 Road a distance of 1,339.3 feet to a point;
4 thence with a bearing of South 00°18'41" West a
5 distance of 447.43 feet to a point; thence with
6 a bearing of South 89°20'28" East a distance of
7 669.2 feet to a point; thence with a bearing of
8 North 00°22'13" East a distance of 449.09 feet
9 to a point on the South Right-of-Way line of
10 Clintmoore Road; thence with a bearing of South
11 89°29'00" East along the South Right-of-Way
12 line of Clintmoore Road a distance of 1,004.5
13 feet to a point; thence with a bearing of South
14 00°27'30" West a distance of 1,498.16 feet to a
15 point; thence with a bearing of South 89°11'52"
16 East a distance of 334.08 feet to a point on
17 the East line of Section 1; thence with a
18 bearing of South 00°29'15" West along the East
19 line of Section 1 a distance of 3,491.36 feet
20 more or less to the POINT OF BEGINNING.
21
22 PARCEL "B":
23
24 Lot 23, Block 3, South Congress Industrial
25 Center, according to the Plat thereof as
26 recorded in Plat Book 33, pages 45-46, of the
27 Public Records of Palm Beach County, Florida.
28
29 LESS AND EXCEPTING LAND DESCRIBED AS FOLLOWS:
30
31
48
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 All of Sections 3 and 4, Township 45 South,
2 Range 41 East, Palm Beach County, Florida lying
3 Northeast of Government Levee L-40; and a
4 parcel of land in Township 44 1/2 South, Range
5 41 East, Palm Beach County, Florida being bound
6 on the North by the South line of Section 33,
7 Township 44 South, Range 41 East; bound on the
8 South by the North Line of Section 4, Township
9 45 South, Range 41 East; bound on the East by a
10 line between the Southeast corner of said
11 Section 33, Township 44 South, Range 41 East
12 and the Northeast corner of said Section 4,
13 Township 45 South, Range 41 East; and bound on
14 the West by Government Levee L-40 right-of-way;
15 and a parcel of land in Township 44 1/2 South,
16 Range 41 East, Palm Beach County, Florida being
17 bound on the North by the South line of Section
18 34, Township 44 South, Range 41 East; bound on
19 the South by the North line of Section 3,
20 Township 45 South, Range 41 East; bound on the
21 East by a line between the Southeast corner of
22 said Section 34, Township 44 South, Range 41
23 East and the Northeast corner of said Section
24 3, Township 45 South, Range 41 East; and bound
25 on the West by a line between the southwest
26 corner of said Section 34, Township 44 South,
27 Range 41 East and the Northwest corner of said
28 Section 3, Township 45 South, Range 41 East,
29
30 which are excluded and deleted from the
31 territorial boundaries of the District.
49
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1
2 AND ALSO less and excepting land described as
3 follows:
4
5 A portion of Tracts 29, 30, and 31, Block 26,
6 and the 25.00 foot wide road right-of-way lying
7 West of said Tract 29 and South of said Tracts
8 29, 30, and 31, "THE PALM BEACH FARMS COMPANY
9 PLAT NO. 3," all as recorded in Plat Book 2,
10 Pages 45 through 54 of the Public Records of
11 Palm Beach County, Florida, and a portion of
12 Section 24, Township 44 South, Range 41 East,
13 Palm Beach County, Florida, being more
14 particularly described as follows:
15
16 COMMENCING at the Northeast corner of "WYCLIFFE
17 PLAT TWO," as recorded in Plat Book 66, Pages
18 31 through 35 of the Public Records of Palm
19 Beach County, Florida; thence N 01°42'33" E, a
20 distance of 75.00 feet to a point of
21 intersection with the North right-of-way line
22 for that 75.00 foot wide Acme Improvement
23 District right-of-way, as recorded in Deed Book
24 1081, Page 623 and the POINT OF BEGINNING;
25 thence N 88°02'58" W along said North
26 right-of-way line, a distance of 1568.95 feet
27 to the South one-quarter (S 1/4) corner of said
28 Section 24; thence N 89°07'32" N, continuing
29 along said North right-of-way line and the
30 South line of the Southwest one-quarter (SW
31 1/4) of said Section 24, a distance of 2588.74
50
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 feet to the Southwest corner of said Section
2 24; thence N 00°33'34" W along the West line of
3 the Southwest one-quarter (SW 1/4) of said
4 Section 24, a distance of 998.73 feet; thence N
5 89°59'50" E, a distance of 1874.92 feet to a
6 point of intersection with a nontangent curve;
7 thence Southerly along the arc of a curve to
8 the left whose radius point bears N 76°34'40"
9 E, having a radius of 905.00 feet, a central
10 angle of 60°27'45", an arc distance of 955.02
11 feet to the point of intersection with a
12 nontangent line; thence S 06°49'34" W, a
13 distance of 131.05 feet to a point of
14 intersection with a nontangent curve; thence
15 Easterly along the arc of a curve to the left
16 whose radius point bears N 08°04'19" E, having
17 a radius of 900.00 feet, a central angle of
18 13°09'27", an arc distance of 206.68 feet to a
19 point of tangency; thence N 84°54'52" E, a
20 distance of 261.82 feet to a point of
21 curvature; thence Easterly along the arc of a
22 curve to the right, having a radius of 2100.00
23 feet, a central angle of 12°11'32", an arc
24 distance of 446.87 feet to a point of tangency;
25 thence S 82°53'36" E, a distance of 448.25 feet
26 to a point of curvature; thence Easterly along
27 the arc of a curve to the left, having a radius
28 of 1400.00 feet, a central angle of 04°52'55",
29 an arc distance of 119.29 feet to a point of
30 intersection with a nontangent curve; thence
31 Northeasterly along the arc of a curve to the
51
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 right whose radius point bears S 53°48'33" E,
2 having a radius of 128.00 feet, a central angle
3 of 55°31'16", an arc distance of 124.04 feet to
4 a point of tangency; thence S 00°17'27" E, a
5 distance of 103.00 feet to a point of
6 intersection with the Northerly projection of
7 the East line of said "WYCLIFFE PLAT TWO";
8 thence S 01°42'33" W along said Northerly
9 projection, a distance of 296.44 feet to the
10 POINT OF BEGINNING.
11
12 Said parcel of land consists of 62.202 acres
13 land, more or less.
14
15 In addition, the following lands are excluded
16 and deleted from the territorial boundaries of
17 the district:
18
19 Beginning at the Northwest corner of the
20 subdivision of Suburban Homes as in Plat Book
21 16, page 94, as recorded in the office of the
22 Clerk of the Circuit Court of Palm Beach
23 County; thence Southeasterly along the
24 northerly right-of-way line of West Palm Beach
25 Canal (C-51) to intersection of said
26 right-of-way with East line of Section 5,
27 Township 44 South, Range 43 East; thence North
28 along East line of said Section to Northeast
29 corner of said Section 5; thence West along
30 North line of said Section 5 to point of
31 beginning.
52
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1
2 All lying and being in Section 5, Township 44
3 South, Range 43 East, Palm Beach County,
4 Florida.
5
6 And also excluded is land described as follows:
7
8 A portion of land in Section 12, Township 44
9 South, Range 41 East, Palm Beach County,
10 Florida, being more particularly described as
11 follows:
12
13 The Southwest One-Quarter (SW 1/4) of said
14 Section 12, less the southerly 173 feet thereof
15 and less the easterly 40 feet thereof.
16
17 TOGETHER WITH:
18
19 All that part of Tracts 22 through 27,
20 inclusive, of Block 18, Palm Beach Farms
21 Company Plat No. 3, as recorded in Plat Book 2,
22 pages 45 through 54, inclusive, Public Records
23 of Palm Beach County, Florida, being bounded on
24 the south by the northerly right-of-way line of
25 Forest Hill Boulevard as recorded in Official
26 Records Book 2198, pages 1200 and 1201 of said
27 public records, and being bounded on the east
28 by a line 335.91 feet west of and parallel with
29 the east line of said Tracts 22 and 27, Block
30 18, and being bounded on the north by a line 80
31 feet south of and parallel with the north line
53
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 of said Tracts 22, 23, and 24, Block 18, and
2 being bounded on the west by the west line of
3 said Tracts 24 and 25, Block 18.
4
5 TOGETHER WITH:
6
7 A strip of land lying in the South One-Half (S
8 1/2) of Section 12, Township 44 South, Range 41
9 East, more particularly described as follows:
10
11 Bounded on the east by the west line of Tracts
12 24 and 25, Block 18, Palm Beach Farms Company
13 Plat No. 3, as recorded in Plat Book 2, pages
14 45 through 54 inclusive, Public Records of Palm
15 Beach County, Florida, and being bounded on the
16 west by a line 40 feet west of and parallel
17 with said east line of said Southwest
18 One-Quarter (SW 1/4) and being bounded on the
19 south by a line 173 feet north of and parallel
20 with the south line of said Southeast
21 One-Quarter (SE 1/4), said line also being the
22 northerly right-of-way line of Forest Hill
23 Boulevard as recorded in Official Records Book
24 2198, pages 1200 and 1201 of said public
25 records and being bounded on the north by the
26 westerly extension of a line 80 feet south of
27 and parallel with the north line of said Tract
28 24;
29
30 TOGETHER WITH:
31
54
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HB 4505, First Engrossed/ntc
1 That certain portion of Forest Hill Boulevard
2 right-of-way being bounded on the east by the
3 east line of said Tract 27, Block 18, and being
4 bounded on the west by the west line of said
5 Section 12 as described in said Official
6 Records Book 2198, pages 1200 and 1201;
7
8 Said lands situate in Palm Beach County,
9 Florida, containing 195.97 acres more or less.
10
11 All of the above described lands lying and
12 being in Palm Beach County, Florida.
13
14 Section 2. Provisions of chapter 298, Florida
15 Statutes, made applicable.--The Lake Worth Drainage District
16 hereby created shall be a public corporation of this state.
17 The provisions of the general drainage laws of Florida
18 applicable to drainage districts or subdrainage districts
19 which are embodied in chapter 298, Florida Statutes, and all
20 of the laws amendatory thereto, now existing or hereafter
21 enacted, so far as not inconsistent with this act, are hereby
22 declared to be applicable to said Lake Worth Drainage
23 District. Said Lake Worth Drainage District shall have all of
24 the powers and authorities mentioned in or conferred by said
25 chapter 298, Florida Statutes, and acts amendatory thereto,
26 except as herein otherwise provided.
27 Section 3. Powers of district.--The district shall
28 have the power to sue and be sued by its name in any court of
29 law or in equity; to make contracts; to adopt and use a
30 corporate seal and to alter the same at pleasure; to acquire
31 by purchase, gift, or condemnation real and personal property,
55
CODING: Words stricken are deletions; words underlined are additions.
HB 4505, First Engrossed/ntc
1 either or both, within or without the district, and to convey
2 and dispose of such real and personal property, either or
3 both, as may be necessary or convenient to carry out the
4 purposes, or any of the purposes, of this act and chapter 298,
5 Florida Statutes; to construct, operate, renovate, and
6 maintain canals, ditches, drains, levees, and other works for
7 drainage and irrigation purposes; to acquire, purchase,
8 operate, and maintain pumps, plants, and pumping systems for
9 drainage and irrigation purposes; to construct, operate, and
10 maintain all types of irrigation works, machinery, and plants;
11 to construct, improve, and maintain roadways and roads
12 necessary and convenient for the exercise of the powers and
13 duties, or any of the powers or duties, of the district or the
14 supervisors thereof; to borrow money and issue negotiable or
15 other bonds of the district as hereinafter provided; to borrow
16 money from time to time and issue negotiable or other notes of
17 the district therefor, bearing interest at a rate not
18 exceeding the maximum rate allowed by general law for public
19 bodies, agencies, and political subdivisions as provided in s.
20 215.84, Florida Statutes, in anticipation of collection of
21 taxes, levies, and assessments or revenues of the district,
22 and to pledge or hypothecate such taxes, levies, assessments,
23 and revenues to secure such bonds, notes, or obligations, and
24 to sell, discount, negotiate, and dispose of the same; and to
25 exercise all other powers necessary, convenient, or proper in
26 connection with any of the powers or duties of the district
27 stated in this act. The powers and duties of the district
28 shall be exercised by and through a board of supervisors,
29 which shall have the authority to employ engineers, attorneys,
30 agents, employees, and representatives as the board may from
31
56
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HB 4505, First Engrossed/ntc
1 time to time determine, and to fix their compensation and
2 duties.
3 Section 4. Board of supervisors; elections.--
4 (1) BOARD OF SUPERVISORS, APPOINTMENTS, ELECTIONS,
5 POWERS, DUTIES, AND TERMS OF OFFICE.--There is hereby created
6 a Board of Supervisors of the Lake Worth Drainage District,
7 which shall be the governing body of the district. The board
8 of supervisors shall consist of three persons. Each candidate
9 to be qualified for the office of supervisor shall be either
10 himself or herself a landowner or he or she shall be the
11 president of a corporate landowner, and all of the qualified
12 voters of the entire district shall be allowed to vote for the
13 election of all of the supervisors to be elected. All
14 supervisors shall hold office for a term of 3 years and until
15 their successors are duly elected and qualified.
16 (a) Hereafter, on the first Wednesday after the 3rd of
17 October, a qualified supervisor shall be elected for a term of
18 3 years in rotation, by the landowners of the district, to
19 take the place of the retiring supervisor.
20 (b) In case of a vacancy in the office of any
21 supervisor, the remaining supervisors shall within 60 days
22 fill such vacancy by appointment for the unexpired term.
23 (c) All vacancies or expirations on the board of
24 supervisors shall be filled as required by this subsection.
25 All supervisors shall hold office until their successors have
26 been elected and qualified.
27 (d) Whenever an election is authorized or required by
28 this subsection to be held by the landowners at any particular
29 or stated time of day, and if, for any reason, such election
30 is not or cannot be held at such time or on such day, then in
31 such event and in all and every such event the power or duty
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1 to hold such election shall not cease or lapse, but such
2 election shall be held thereafter as soon as practicable and
3 consistent with this subsection.
4 (2) SINGLE-MEMBER SUBDISTRICT ELECTIONS; SUBDISTRICT
5 BOUNDARIES.--
6 (a) Definitions.--As used in this subsection, the
7 term:
8 1. "Board" means the Board of Supervisors of the Lake
9 Worth Drainage District.
10 2. "District" means the Lake Worth Drainage District.
11 3. "Qualified elector" means any person at least 18
12 years of age who is a citizen of the United States, a
13 permanent resident of Florida, and a freeholder, freeholder's
14 spouse, or authorized representative of a legal entity holding
15 title to land in the district. Presidents or other indicated
16 officers or agents may represent corporations or other legal
17 entities, guardians may represent their wards, and executors
18 and administrators may represent the estates of deceased
19 persons and be qualified to represent the corporate landowner
20 and hold the office of supervisor.
21 (b) Single-member subdistrict elections.--
22 1. Petition.--A referendum shall be called by the
23 board of supervisors of the district on the question of
24 whether members of the board should be elected on a
25 single-member subdistrict basis, provided a petition signed by
26 10 percent or more of the qualified electors of the district
27 is filed with the board requesting a referendum on adoption of
28 the election procedures set forth in this subsection.
29 2. Referendum.--Upon verification by the Supervisor of
30 Elections of Palm Beach County that 10 percent of the
31 qualified electors of the district have petitioned the board
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1 of supervisors, a referendum election shall be called by the
2 board at the next regularly scheduled election or within 6
3 months after verification, whichever is earlier.
4 3. Disapproval of referendum.--If the qualified
5 electors of the district disapprove the election procedures
6 described in this subsection, elections of the members of the
7 board shall continue as described in subsection (1) and s.
8 298.12, Florida Statutes. No further referendum on the
9 question shall be held for a minimum of 2 years.
10 4. Approval of referendum; single-member subdistrict
11 elections.--
12 a. Increase in board size.--If the qualified electors
13 approve the election procedure described in this subsection,
14 the board of supervisors of the district shall be increased to
15 five members and elections shall be held pursuant to the
16 criteria described in this subparagraph beginning with the
17 next regularly scheduled election of the board.
18 b. Single-member subdistrict elections.--If the
19 election process described in this subparagraph is approved by
20 the qualified electors of the district, members of the board
21 of supervisors shall be elected from five single-member
22 subdistricts, the boundaries of which are set forth in
23 paragraph (c). Only those qualified electors owning property
24 or representing property in a subdistrict may cast votes for
25 candidates for the subdistrict. However, an owner or
26 representative may only cast votes in a subdistrict election
27 equal to the acreage owned within the subdistrict. Each acre,
28 or fraction thereof, of land in the district shall represent
29 one vote, and each owner shall be entitled to one vote, in
30 person or by proxy, for every acre, or fraction thereof, of
31 land owned within the district. The subdistrict candidate
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1 receiving the greatest number of votes shall be the supervisor
2 from that subdistrict.
3 c. Term of office.--All board members shall have a
4 term of 4 years except the board members elected at the first
5 election following the referendum prescribed in subparagraph
6 2. With respect to the members initially elected, the three
7 candidates receiving the greatest number of votes from
8 subdistricts 1, 2, and 3 shall be elected for a period of 4
9 years, and the two candidates receiving the greatest number of
10 votes from subdistricts 4 and 5 shall be elected for a period
11 of 2 years. Subsequent elections shall be held to elect
12 members of the board during the same month as the first
13 election in years when any board member's term will expire.
14 d. Qualifications.--Elections for board members shall
15 be nonpartisan. Qualification shall occur during the
16 qualifying period established by s. 99.061, Florida Statutes.
17 Each candidate to be qualified for the office of supervisor
18 shall be a qualified elector of the district.
19 e. Vacancies.--If any vacancy occurs in a seat
20 occupied by a governing board member, the remaining members of
21 the board shall, within 45 days after receipt of a
22 resignation, appoint a person who would eligible to hold the
23 office for the unexpired term of the resigning member.
24 (c) Boundaries of single-member subdistricts.--If the
25 referendum called by the board of supervisors on the question
26 of whether the board should be elected on a single-member
27 subdistrict basis is approved, the district shall be divided
28 for the purposes of electing members to the board upon the
29 following territorial boundaries:
30
31 1. The boundary lines of subdistrict 1 shall be:
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1 All that part of the JURISDICTIONAL LIMITS OF
2 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
3 of the centerline of FLORIDA'S TURNPIKE and
4 lying northerly of the South lines of BLOCKS 59
5 and 60, PALM BEACH FARMS CO. PLAT NO. 3, as
6 same is recorded in Plat Book 2 at pages 45
7 through 54, Public Records of Palm Beach
8 County, Florida, and northerly of the South
9 line of Township 45 South, Range 41 East, all
10 in Palm Beach County, Florida.
11
12 2. The boundary lines of subdistrict 2 shall be:
13 All that part of the JURISDICTIONAL LIMITS OF
14 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
15 of the centerline of FLORIDA'S TURNPIKE and
16 lying southerly of the North lines of BLOCKS 62
17 and 63, PALM BEACH FARMS CO. PLAT NO. 3, as
18 same is recorded in Plat Book 2 at pages 45
19 through 54, Public Records of Palm Beach
20 County, Florida, and southerly of the North
21 line of Township 46 South, Range 41 East, all
22 in Palm Beach County, Florida.
23
24 3. The boundary lines of subdistrict 3 shall be:
25 All that part of the JURISDICTIONAL LIMITS OF
26 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
27 of the centerline of FLORIDA'S TURNPIKE and
28 lying northerly of the South line of Township
29 44 South, Range 42 East, and northerly of the
30 South line of Township 44 South, Range 43 East,
31 all in Palm Beach County, Florida.
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1
2 4. The boundary lines of subdistrict 4 shall be:
3 All that part of the JURISDICTIONAL LIMITS OF
4 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
5 of the centerline of FLORIDA'S TURNPIKE and
6 lying southerly of the North line of Township
7 44 1/2 South, Range 42 East, and southerly of
8 the North line of Township 44 1/2 South, Range
9 43 East, and lying northerly of the centerline
10 of DELRAY WEST ROAD (State Road 806), all in
11 Palm Beach County, Florida.
12
13 5. The boundary lines of subdistrict 5 shall be:
14 All that part of the JURISDICTIONAL LIMITS OF
15 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
16 of the centerline of FLORIDA'S TURNPIKE and
17 lying southerly of the centerline of DELRAY
18 WEST ROAD (State Road 806), all in Palm Beach
19 County, Florida.
20
21 Section 5. Regular and special meetings of board of
22 supervisors.--The Board of Supervisors of the Lake Worth
23 Drainage District shall meet monthly at such date, time, and
24 place as the board may from time to time designate and until a
25 contrary designation is made by the board. The monthly meeting
26 shall be held on the first Wednesday after the 10th day of
27 each month at 9 a.m., at the general offices of the Lake Worth
28 Drainage District. A vote of a majority of the board may waive
29 the necessity of any regular monthly meeting. Special meetings
30 of the board shall be held at any time upon the call of the
31 president.
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1 Section 6. Compensation of board of supervisors.--Each
2 supervisor shall be paid for his services $150 for each day
3 actually engaged in work pertaining to the district.
4 Supervisors shall be paid for district travel and expenses in
5 accordance with the provisions of chapter 112, Florida
6 Statutes.
7 Section 7. Meetings of landowners; election of
8 supervisors.--
9 (1) Each year on the first Wednesday following the 3rd
10 of October at 9 a.m., a meeting of the landowners of the
11 district shall be held for the purpose of electing supervisors
12 to take the place of retiring supervisors and hearing reports
13 of the board of supervisors and considering any matters upon
14 which the board may request the advice and views of the
15 landowners. The president of the board shall have the power to
16 call special meetings of the landowners at any time to receive
17 reports of the board or consider any act upon any matter which
18 the board may request advice. Notice of all meetings of the
19 landowners shall be given by the board by causing publication
20 thereof to be made once a week for 2 consecutive weeks prior
21 to such meeting in some newspaper published in Palm Beach
22 County. The meeting of the landowners shall be held at the
23 principal office of the Lake Worth Drainage District or in
24 some other public place in said county and the place, day, and
25 hour of holding said meeting shall be stated in the notice.
26 (2) The landowners, when assembled, shall organize by
27 electing a chair who shall preside at the meeting. The
28 secretary of the board shall be secretary of such meeting. At
29 all of such meetings, each acre, or fraction thereof, of land
30 in the district shall represent one share and each owner shall
31 be entitled to one vote, in person or by proxy, for every
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1 acre, or fraction thereof, of land owned by him or her in the
2 district.
3 (3) A majority of acres in the district shall
4 constitute a quorum of any meeting of the landowners. If no
5 quorum is present or represented at such meeting at the time
6 and place the meeting is called to be held, and if the meeting
7 has been regularly called as required in this act, then a
8 majority of the acres of landowners present and represented,
9 though constituting less than a quorum, shall have the power
10 to elect supervisors and shall transact all of the business
11 which could have been transacted had a quorum been present.
12 (4) Presidents or other indicated executive officers
13 may represent corporations, guardians may represent their
14 wards, and personal representatives may represent the estates
15 of deceased persons. Trustees may represent lands held by them
16 in trust, and private and municipal corporations may be
17 represented by their officers or duly authorized agents.
18 Guardians, personal representatives, trustees, and
19 corporations may also vote by proxy.
20 (5) Any qualified person desiring to become a
21 candidate for election to the board of supervisors of the
22 district shall file written notice of his or her intention to
23 seek said office with the general manager of the district at
24 the general office on or prior to the adjournment of the
25 regularly scheduled board of supervisors meeting during the
26 month preceding said landowners' meeting. Failing to so file
27 will disqualify any person for consideration at such election.
28 (6) As to the elections of supervisors, the qualified
29 candidate receiving the highest number of votes for supervisor
30 shall be declared and elected as such supervisor. If more than
31 one person is nominated for any vacancy on the board of
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1 supervisors, the candidate receiving the majority of the votes
2 shall be elected. In the event no candidate receives a
3 majority, then the landowners shall vote on two candidates
4 receiving the most votes in a runoff election and the one
5 receiving the majority shall be elected.
6 Section 8. Installment taxes, levied and apportioned
7 and the collection thereof.--Taxes shall be levied and
8 apportioned as provided for in the general drainage and water
9 laws of Florida (chapter 298, Florida Statutes, and amendments
10 thereto), except that the provisions of ss. 298.365 and
11 298.41, Florida Statutes, and amendments thereto, shall not be
12 applicable to the district. In lieu thereof, the following
13 provisions shall apply to the district:
14 (1) The board of supervisors shall determine, order,
15 and levy the amount of the annual installment of the total
16 taxes levied under s. 298.36, Florida Statutes, which shall
17 become due and be collected during each year at the same time
18 that county taxes are due and collected, which said annual
19 installment and levy shall be evidenced to and certified by
20 the board not later than August 31 of each year to the
21 Property Appraiser of Palm Beach County.
22 (2) Said tax shall be extended by the county property
23 appraiser on the county tax roll and shall be collected by the
24 county tax collector in the same manner and time as the county
25 taxes and the proceeds thereof paid to the district.
26 Section 9. Maintenance tax.--The provisions of s.
27 298.54, Florida Statutes, and amendments thereto, shall not be
28 applicable to the district. In lieu thereof, the following
29 provision shall apply to the district: to maintain and
30 preserve the existing improvements and assets for the
31 district, as well as the improvements made pursuant to this
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1 chapter, and to repair and restore the same when needed, for
2 the purpose of defraying the current expenses of the district,
3 the board of supervisors shall levy a uniform annual acreage
4 tax, the same being a unit of tax upon each acre or fraction
5 thereof on all property in the district as determined for
6 county taxing purposes, to be known as "maintenance tax."
7 Said maintenance tax shall be evidenced to and certified by
8 the board not later than August 31 of each year to the
9 Property Appraiser of Palm Beach County, and shall be extended
10 by the county property appraiser on the county tax roll and
11 shall be collected by the county tax collector in the same
12 manner and time as county taxes and the proceeds therefrom
13 paid on the property against which assessed, and enforceable
14 in like manner as county taxes. Each acre or fraction of an
15 acre, for the purposes of this section, shall be taxed as an
16 acre unit.
17 Section 10. Irrigation tax.--
18 (1) The Lake Worth Drainage District is hereby
19 permitted, authorized, and empowered to engage in irrigation
20 as well as drainage. The term "irrigation" as herein used is
21 defined to mean the maintaining and controlling of water
22 levels within the district by means of pumping operations or
23 through gravity flow from reservoirs, and installing,
24 operating, keeping, and maintaining pumps, pumping stations,
25 dams, floodgates, and such other waterworks and controls that
26 the board of supervisors may deem necessary and proper.
27 (2) In order to defray the costs of irrigation, the
28 district is authorized, permitted, and empowered to levy and
29 assess taxes as herein provided. Said taxes shall be
30 determined, levied, and assessed not later than the regular
31 monthly meeting of the board in July of each year. The board
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1 shall, at such time, determine lands that have been benefited
2 by irrigation.
3 (3) At the regular monthly meeting in July of each
4 year, the general manager of the district shall submit a
5 budget showing the estimated costs for the year of maintaining
6 water tables. The board shall examine the budget and revise it
7 if necessary. After the budget has been fully approved by the
8 board, the board shall then assess against the lands benefited
9 an irrigation tax sufficient to defray the cost of irrigation.
10 (4) Within 2 weeks after the assessment has been made,
11 notice of the assessment shall be given by publication in some
12 newspaper published in Palm Beach County. One such publication
13 shall be sufficient. It shall not be necessary for this notice
14 to describe the lands assessed other than to refer to them as
15 lands within the irrigation area of the Lake Worth Drainage
16 District, and the notice may state merely the amount of
17 assessment per acre.
18 (5) Should there be any objections to the assessment
19 made against the lands as provided herein, such objection
20 shall be made to the board of supervisors each year following
21 the publication of the assessment roll at its next regular
22 monthly meeting. The board shall consider the objections and
23 sustain, adjust, or overrule the same. After consideration of
24 objections, if any have been made and determined as above, the
25 board shall cause the assessment to be certified to the
26 Property Appraiser of Palm Beach County, together with a list
27 of lands subject to the assessment, at the same time and in
28 the same form and manner as other drainage taxes of the
29 district are certified. The county property appraiser shall
30 combine the assessment for irrigation with the drainage
31 district tax assessment and extend them on the county tax
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1 rolls and the taxes shall be collected by the county tax
2 collector in the same manner and time as county taxes and the
3 proceeds therefrom paid to the Lake Worth Drainage District.
4 The taxes shall be a lien until paid on the property against
5 which assessed and enforceable in like manner as county taxes.
6 When remittance of taxes is made by the county to the
7 district, the board, from information furnished to it by the
8 general manager and records of the district, shall determine
9 what part of the remittance is for irrigation and shall set
10 aside the irrigation portion so found and determined into an
11 irrigation fund for the district, to be used for the purpose
12 for which it was assessed.
13 Section 11. Special improvements; and assessments
14 against specially improved property.--
15 (1) The Board of Supervisors of the Lake Worth
16 Drainage District is hereby authorized and empowered in the
17 manner hereinafter provided to cause any and all canals,
18 bulkheads, dikes, levees, drains, culverts, and other types of
19 waterways, water controls, or improvements thereunto related,
20 as well as streets or roads incident thereto, to be dug,
21 constructed, paved, or built, and to provide for all or any
22 part of the installation costs thereof, and to provide for the
23 annual maintenance involved by levying and collecting special
24 installation assessments and maintenance assessments upon
25 abutting, adjoining, and contiguous or other specially
26 benefited properties. The amount assessed against the property
27 benefited for any installation of such improvements shall not
28 exceed the estimated benefits accruing to such property by
29 reason of the special improvements. The maintenance costs of
30 the special improvements shall be annually assessed against
31
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1 the affected property in direct proportion to the resulting
2 benefit.
3 (2) Special assessments upon the property benefited by
4 any improvement herein authorized shall be effected by one or
5 both of the following methods:
6 (a) In proportion to the benefit which may result from
7 such improvements.
8 (b) By front footage of property bounding or abutting
9 upon such improvement.
10 (3) Upon the board of supervisors' own initiative, or
11 when the owners of a majority of the acres of land liable to
12 be assessed for any special or local improvements, or when the
13 owners of a majority of the foot frontage of land liable to be
14 assessed for any special or local improvements petition the
15 board for its consideration of any local special improvement,
16 the board may order such improvement to be made and, in such
17 an event, the following are the general conditions and
18 regulations governing said special assessments and
19 improvements:
20 (a) Before any special or local improvement is
21 authorized or made under the provisions of this section, the
22 board of supervisors shall, by resolution, require plans,
23 specifications, and estimates of cost of such improvements to
24 be made and placed on file in the general offices of the
25 district.
26 (b) When the board of supervisors determines to make
27 such special or local improvements, then it shall so declare
28 by resolution, stating the necessity for, and the nature of,
29 the proposed special improvements and stating further what
30 part of the expenses therefor shall be paid by special
31 assessment against the affected property. The resolution shall
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1 also state the total estimated cost of the proposed
2 improvement, the method of payment of assessment, the number
3 of annual installments, and the rate of interest on deferred
4 payments, which interest shall not exceed 8 percent.
5 (c) The resolution may embrace improvements of like
6 character upon or in more than one canal or other type of
7 waterway or control, street, or road and such improvements
8 need not be contiguous. The resolution shall designate the
9 boundaries of the area comprising the property which the board
10 deems will be specially benefited by such improvement. The
11 estimated costs stated in the resolution shall include an
12 estimate of the cost of preliminary or other surveys,
13 inspections, and supervision of the work, the preparation of
14 the plans and specifications, the printing and publishing of
15 notices and proceedings, the preparation of certificates and
16 bonds, and any other expenses necessary or proper, which
17 expenses, except the cost of the work itself, are hereinafter
18 referred to as incidental expenses. The improvements covered
19 by a single resolution may be designated in all proceedings,
20 assessments, or publications by any short or convenient
21 designation and the property against which assessments may be
22 made for the cost of such improvements may be designated as an
23 area, followed by a letter or number or name to distinguish it
24 from other such areas.
25 (d) The resolution to be adopted as aforesaid shall be
26 published in a newspaper published in Palm Beach County once
27 each week for 2 consecutive weeks and shall be certified to by
28 the secretary of the board of supervisors. There shall also be
29 published a notice setting forth that the board has determined
30 the necessity for the improvements to be made according to
31 plans and specifications on file in the general offices of the
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1 Lake Worth Drainage District, that the same are required to be
2 made, and that the board will sit at a place and upon a date
3 and hour not earlier than 3 days from the final publication of
4 such notice for the purpose of hearing objections to the
5 proposed improvements.
6 (e) If, at the time fixed in the notice, the persons
7 owning property abutting upon or within the area to be
8 benefited by the improvements have not already constructed the
9 same in accordance with the plans and specifications aforesaid
10 and, if no objections have been made or, if having been made,
11 the objections have been deemed insufficient by the board of
12 supervisors, the board shall have the improvements made,
13 either by contract or directly, by the employment of labor and
14 purchase of materials; or separate contracts may be entered
15 into for the performance of different classes of work included
16 in any single improvement.
17 (f) After the completion of the improvement or in the
18 event the improvement is made by contract, after the awarding
19 of all contracts included in such improvement in such manner
20 that the total actual cost of said improvement can be
21 determined, the treasurer of the board of supervisors shall
22 prepare and present to the board a report of costs of the
23 improvements and an assessment roll showing the lands assessed
24 to pay the costs thereof and the amount of the assessment as
25 to each. The report of costs must show the total cost of the
26 improvement and the estimated costs of incidental expenses and
27 that portion of the total cost chargeable to the respective
28 parcels of land, including real estate owned by the Lake Worth
29 Drainage District and including real estate within the Lake
30 Worth Drainage District abutting upon the improvement for
31 which the assessment is made. Such costs chargeable to said
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1 properties shall be upon front footage of such specially
2 improved property, which amount shall be the portion of the
3 total cost chargeable to all abutting property, divided by the
4 number of feet fronting or abutting upon the improvement,
5 and/or such costs chargeable to said properties shall be in
6 the amount which the board deems to be proportionate to the
7 special benefits received by lots or parcels of land within
8 the boundaries of the area designated in the resolution
9 authorizing such improvements as hereinbefore provided and not
10 in excess of such benefits.
11 (g) The board of supervisors shall thereupon approve
12 the report of costs and assessment roll if the same is in
13 proper form, and the same shall be placed on file in the
14 general offices of the Lake Worth Drainage District; and the
15 assessment roll shall be advertised once each week for 2
16 consecutive weeks in a newspaper published in Palm Beach
17 County, together with a notice to be signed by the secretary
18 of the Lake Worth Drainage District setting forth that the
19 assessment roll has been examined and approved by the board
20 and the board shall sit upon a certain date and hour, not
21 earlier than 3 days from the final publication of such notice,
22 for the purpose of hearing objections to said assessment roll.
23 If no objections are made by persons affected by the
24 assessment roll at the time and place specified in the
25 aforesaid notice or if objections have been made and have been
26 determined insufficient by the board, the board shall
27 thereupon adopt a resolution levying the assessments as shown
28 by the assessment roll and reciting by what method or
29 combination of methods the special assessment is made and the
30 time when the same shall become payable and the special
31 assessments to be levied shall be a lien upon the date of the
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1 assessment upon the respective lots or parcels of land
2 described in the resolution. The special assessments shall be
3 evidenced to and certified by the board not later than August
4 31 of each year to the Property Appraiser of Palm Beach
5 County, and shall be extended by the county property appraiser
6 on the county tax roll and the annual installments thereon
7 shall be collected from year to year by the county tax
8 collector in the same manner and time as county taxes and the
9 proceeds therefrom are paid to the district. The assessment
10 shall be a lien until paid on the property against which
11 assessed and enforceable in like manner as county taxes.
12 (h) The commencement of work on any special
13 improvement as provided for in this section shall constitute
14 notice to the owners of the property abutting upon, adjoining,
15 or contiguous to, and to be benefited by, such improvement;
16 and special assessments will be levied against such property
17 and liens created and held against the same for the benefits
18 received by reason of such improvements.
19 Section 12. Taxes and costs a lien on land against
20 which taxes assessed.--All taxes provided for in this act,
21 together with all penalties for default in payment of same,
22 all costs in collecting the same, shall, from the date of
23 assessment thereof until paid, constitute a lien of equal
24 dignity with the liens for county taxes upon all the lands
25 against which said taxes are levied as provided for in this
26 chapter.
27 Section 13. When unpaid taxes delinquent; penalty and
28 discounts.--All taxes provided for in this act shall be and
29 become delinquent and bear penalties on the amount of said
30 taxes in the same manner as county taxes, and shall be subject
31 to the same discounts as county taxes.
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1 Section 14. Compensation of property appraiser, tax
2 collector, and clerk of the circuit court.--The Property
3 Appraiser, Tax Collector, and Clerk of the Circuit Court of
4 Palm Beach County shall be entitled to compensation for
5 services performed in connection with taxes of the district at
6 the same rate as applied to county taxes.
7 Section 15. Bonds may be issued, sale and disposition
8 of proceeds; interest; levy to pay bonds, bonds and duties of
9 treasurer, etc.--
10 (1) The board of supervisors may, if in its judgment
11 it seems best, issue bonds not to exceed 90 percent of the
12 total amount of the taxes levied under the provisions of s.
13 298.36, Florida Statutes, and/or levied under the provisions
14 of section 11, and such bonds shall be in denominations of not
15 less than $100, bearing interest from date at a rate not to
16 exceed 6 percent per annum, payable annually or semiannually,
17 to mature at annual intervals within 40 years commencing after
18 a period of not less than 10 years, to be determined by the
19 board, both principal and interest payable at some convenient
20 place designated by the board to be named in said bonds, which
21 bonds shall be signed by the president of the board, attested
22 with the seal of the district and by the signature of the
23 secretary of the board. All of the bonds shall be executed and
24 delivered to the treasurer of the district, who shall sell the
25 same in such quantities and at such dates as the board may
26 deem necessary to meet the payments for the works and
27 improvements in the district. The bonds shall not be sold for
28 less than 90 cents on the dollar, with accrued interest, shall
29 show on their face the purpose for which they are issued, and
30 shall be payable out of money derived from the aforesaid
31 taxes. A sufficient amount of the drainage tax shall be
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1 appropriated by the board for the purpose of paying the
2 principal and interest of said bonds, and the same, when
3 collected, shall be preserved in a separate fund for that
4 purpose and no other. All bonds and coupons not paid at
5 maturity shall bear interest at the rate of 6 percent per
6 annum from maturity until paid, or until sufficient funds have
7 been deposited at the place of payment, and said interest
8 shall be appropriated by the board out of the penalties and
9 interest collected on delinquent taxes or other available
10 funds of the district. However, it may, in the discretion of
11 the board, be provided that at any time, after such date as
12 shall be fixed by the board, said bonds may be redeemed before
13 maturity at the option of the board, or its successors in
14 office, by being made callable prior to maturity at such time
15 and upon such prices and terms and other conditions as the
16 board shall determine. If any bond so issued subject to
17 redemption before maturity is not presented when called for
18 redemption, it shall cease to bear interest from and after the
19 date so fixed for redemption.
20 (2) The board of supervisors of the district shall
21 have authority to issue refunding bonds to take up any
22 outstanding bonds and any interest accrued thereon when, in
23 the judgment of the board, it shall be for the best interest
24 of the district so to do. The board is hereby authorized and
25 empowered to issue refunding bonds to take up and refund all
26 bonds of the district outstanding that are subject to call and
27 prior redemption, and all interest accrued to the date of such
28 call or prior redemption, and all bonds of the district that
29 are not subject to call or redemption, together with all
30 accrued interest thereon, where the surrender of said bonds
31 can be procured from the holders thereof at prices
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1 satisfactory to the board or can be exchanged for such
2 outstanding bonds with the consent of the holder thereof. Such
3 refunding bonds may be issued at any time when, in the
4 judgment of the board, it will be to the interest of the
5 district financially or economically to secure a lower rate of
6 interest on the bonds or by extending the time of maturity of
7 the bonds, or for any other reason in the judgment of the
8 board advantageous to the district. Such refunding bonds may
9 mature at any time or times in the discretion of the board,
10 not later, however, than 40 years from the date of issuance of
11 said refunding bonds. The refunding bonds shall bear such date
12 of issue and such other details as the board shall determine
13 and may in the discretion of the board be made callable prior
14 to maturity at such times and upon such prices and terms and
15 other conditions as the board shall determine. All the other
16 applicable provisions of this act not inconsistent therewith
17 shall apply fully to the refunding bonds and the holders
18 thereof shall have all the rights, remedies, and securities of
19 the outstanding bonds refunded, except as may be provided
20 otherwise in the resolution of the board authorizing the
21 issuance of such refunding bonds. Any funds available in the
22 sinking fund for the payment of the principal and interest of
23 outstanding bonds may be retained in the fund to be used for
24 the payment of principal and interest of the refunding bonds,
25 in the discretion of the board of supervisors. Any expenses
26 incurred in buying any or all bonds authorized under the
27 provisions of this section and the interest thereon and a
28 reasonable compensation for paying same shall be paid out of
29 the funds in the hands of the treasurer and collected for the
30 purpose of meeting the expenses of administration. It shall be
31 the duty of the board of supervisors in making the annual tax
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1 levy as heretofore provided to take into account the maturing
2 bonds and interest on all bonds and expenses, and to make
3 provision in advance for the payment of same.
4 (3) In case the proceeds of the original tax levy made
5 under the provisions of s. 298.36, Florida Statutes, are not
6 sufficient to pay the principal and interest of all bonds
7 issued, then the board of supervisors shall make such
8 additional levy or levies upon the benefits assessed as are
9 necessary for this purpose, and under no circumstances shall
10 any tax levies be made that will in any manner or to any
11 extent impair the security of said bonds or the fund available
12 for the payment of the principal and interest of the same. The
13 treasurer shall, at the time of his or her receipt of said
14 bonds, execute and deliver to the president of the board of
15 the district a bond with good and sufficient surety to be
16 approved by the board, conditioned that he or she shall
17 account for and pay over as required by law and as ordered by
18 the board of supervisors, any and all moneys received by him
19 or her on the sale of such bonds, or any of them, and that he
20 or she will only sell and deliver such bonds to the purchaser
21 or purchasers thereof under and according to the terms herein
22 prescribed, and that he or she will return to the board of
23 supervisors and duly cancel any and all bonds not sold when
24 ordered by the board to do so. The bonds when so returned
25 shall remain in the custody of the president of the board of
26 supervisors, who shall produce the same for inspection or for
27 use as evidence whenever and wherever legally requested so to
28 do. The treasurer shall promptly report all sales of bonds to
29 the board of supervisors. The board shall at reasonable times
30 thereafter prepare and issue warrants in substantially the
31 form provided in s. 298.17, Florida Statutes, for the payment
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1 of maturing bonds so sold and the interest payments coming due
2 on all bonds sold. Each of the warrants shall specify which
3 bonds and accruing interest it is to pay, and the treasurer
4 shall place sufficient funds at the place of payment to pay
5 the maturing bonds and coupons when due, together with
6 necessary compensation for paying same. The successor in
7 office of such treasurer shall not be entitled to the bonds or
8 the proceeds thereof until he or she has complied with all of
9 the foregoing provisions applicable to this predecessor in
10 office. The aforesaid bond of the treasurer may, if the board
11 so directs, be furnished by a surety or bonding company, which
12 may be approved by said board of supervisors; however, if it
13 is deemed more expedient to the board of supervisors as to
14 money derived from the sale of bonds issued, the board may, by
15 resolution, select some suitable bank or banks or other
16 depository as temporary treasurer or treasurers to hold and
17 disburse the moneys upon the order of the board as the work
18 progresses, until such fund is exhausted or transferred to the
19 treasurer by order of the board of supervisors. The funds
20 derived from the sale of the bonds or any of them shall be
21 used for the purpose of paying the cost of the drainage works
22 and improvements, and such costs, fees, expenses, and salaries
23 as may be authorized by law, and used for no other purpose.
24 Section 16. Full authority for issue and sale of bonds
25 authorized.--
26 (1) This act shall, without reference to any other act
27 of the Legislature, be full authority for the issuance and
28 sale of the bonds authorized in this act, which bonds shall
29 have all the qualities of negotiable paper under the law
30 merchant and shall not be invalid for any irregularity or
31 defect in the proceedings for the issuance and sale thereof,
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1 and shall be incontestable in the hands of bona fide
2 purchasers or holders thereof. No proceedings in respect to
3 the issuance of any such bonds shall be necessary, except such
4 as are required by this act. The provisions of this act shall
5 constitute an irrepealable contract between the board of
6 supervisors and the Lake Worth Drainage District and the
7 holders of any bonds and the coupons thereof issued pursuant
8 to the provisions hereof. Any holder of any of said bonds or
9 coupons may either in law or in equity by suit, action, or
10 mandamus enforce and compel the performance of the duties
11 required by this act of any of the officers or persons
12 mentioned in this act in relation to the bonds, or to the
13 correct enforcement and application of the taxes for the
14 payment thereof.
15 (2) After the several bonds and coupons are paid and
16 retired as herein provided, they shall be returned to the
17 treasurer, and they shall be canceled and an appropriate
18 record thereof made in a book to be kept for that purpose,
19 which record of paid and canceled bonds shall be kept at the
20 office of the treasurer and shall be open for inspection of
21 any bondholder at any time.
22 Section 17. Floating indebtedness.--Prior to the
23 issuance of bonds under the provisions of this act, the board
24 of supervisors may from time to time issue warrants or
25 negotiable notes or other evidences of debt of the district,
26 all of which shall be termed "floating indebtedness" in order
27 to distinguish the same from the bonded debt provided for. The
28 notes or other evidences of indebtedness shall be payable at
29 such times and shall bear interest at the rate not exceeding
30 the maximum rate allowed by general law for public bodies,
31 agencies, and political subdivisions as provided for in s.
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1 215.84, Florida Statutes, and may be sold or discounted at
2 such time or on such terms as the board may deem advisable.
3 The board shall have the right, in order to provide for the
4 payment thereof, to pledge the whole or any part of the taxes
5 provided for in this act, whether the same shall be
6 theretofore or thereafter levied, and the board shall have the
7 right to provide that the floating debt shall be payable from
8 the proceeds arising from the sale of bonds, or from the
9 proceeds of any such tax, or both. After the issuance of any
10 bonds of the district under the provisions of this act, the
11 power to create such floating debt and pledge the avails of
12 taxes therefor shall continue.
13 Section 18. Use of bonds and interest coupons in
14 payment of taxes not authorized.--The provisions of s. 298.73,
15 Florida Statutes, and amendments and successors thereof,
16 relating to the use of bonds and obligations in payment of
17 drainage taxes, shall not be applicable to the district and
18 its bonds, obligations, and taxes.
19 Section 19. Eminent domain.--The board of supervisors
20 is hereby authorized and empowered to exercise the right of
21 eminent domain and may condemn for the use of the district any
22 and all lands, easements, rights-of-way, riparian rights, and
23 property rights of every description, in or out of the
24 district, required for the public purposes and powers of the
25 board as herein granted, and may enter upon, take, and use
26 such lands as it may deem necessary for such purposes.
27 Section 20. Legislative determination, district
28 improvements and facilities needed, water a common enemy.--It
29 is hereby declared and determined that the growth and
30 expansion of urban residential areas within the boundaries of
31 the Lake Worth Drainage District has created urgent demand and
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1 necessity for the expansion of the facilities of irrigation,
2 water control, water outfall, widening and improving the
3 drainage facilities, and reclaiming the wetlands; and it is
4 further declared that in the district, the surface waters,
5 which shall include rainfall and the overflow of rivers and
6 streams, are a common enemy and that the district and any
7 individual or agency holding a permit to do so from the
8 district shall have the right to dike, dam, and construct
9 levees to protect the district or any part thereof or the
10 property of any individual or agency against the same and
11 thereby divert the course and flow of such surface waters
12 and/or pump the water from within such dikes and levees.
13 Section 21. Annexation of new territory; procedure;
14 objection thereto.--The Lake Worth Drainage District of Palm
15 Beach County may change its territorial limits by the
16 annexation of any lands lying contiguous thereto or abutting
17 upon any one of its canal rights-of-way lying within said
18 county by either one of the following methods:
19 (1) By filing with the Lake Worth Drainage District a
20 petition of the fee titleholder of the subject property sought
21 to be annexed, indicating said titleholder's desire to be
22 annexed and indicating the authority for same. Thereupon, the
23 district, upon determination that it can serve the lands and
24 is willing to have said lands included within its boundaries
25 and subjected to its jurisdiction, shall determine same by
26 resolution extending the district's boundaries so as to
27 include the land areas described in the petition; and, upon
28 filing the resolution with the Clerk of the Circuit Court in
29 and for Palm Beach County, said lands shall be deemed included
30 within the Lake Worth Drainage District and liable for
31 assessment and payment of any and all taxes and liabilities as
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1 if the lands had been included within the district as of the
2 date of this act.
3 (2) If such tract contains less than 10 freeholders,
4 the supervisors shall, by resolution duly passed, declare its
5 intention to annex such tract of land to the Lake Worth
6 Drainage District at the expiration of 15 days from the
7 adoption of the resolution, which resolution shall thereupon
8 be published in full once a week for 2 consecutive weeks in
9 some newspaper published in Palm Beach County. If, at any time
10 prior to the expiration of 15 days, any 15 freeholders in the
11 Lake Worth Drainage District or any four or more freeholders
12 of real estate in the district so proposed to be annexed shall
13 object to such annexation, they may apply by petition to the
14 Circuit Court of Palm Beach County, setting forth in the
15 petition the proposed proceedings of the Board of Supervisors
16 of the Lake Worth Drainage District and the grounds of their
17 objections thereto. Thereupon, the circuit court shall order
18 notice of the application to be served upon the Lake Worth
19 Drainage District and appoint a day for the hearing of the
20 application, and all further action in the proceedings by the
21 Lake Worth Drainage District shall thereupon be stayed until
22 the further order of court. If, upon the hearing of such an
23 application, the court sustains the objection, the tract of
24 land shall not be annexed; otherwise, the application and
25 objection shall be discharged and the tract of land shall be
26 annexed to the Lake Worth Drainage District. Such petition may
27 be heard and determined by the court at any time, and
28 questions of fact may be determined by such court without a
29 jury, but each party may demand a jury if it so desires. If no
30 objection is filed and notice served as aforesaid within the
31 15-day period, the Board of Supervisors of the Lake Worth
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1 Drainage District may proceed by further resolution to annex
2 said tract of land and to redefine the boundaries of the Lake
3 Worth Drainage District so as to include therein the tract of
4 land, and said tract of land shall be annexed upon the filing
5 of such resolution with the Clerk of the Circuit Court in and
6 for Palm Beach County, and said lands shall be deemed included
7 within the Lake Worth Drainage District and liable for
8 assessment and payment of any and all taxes and liabilities as
9 if the lands had been included within the district at the time
10 of the original creation of same.
11 (3) If the tract of land so proposed to be annexed
12 contains 10 or more freeholders, the resolution proposing to
13 annex said land shall be submitted to a separate vote of the
14 freeholders who are registered voters of the Lake Worth
15 Drainage District and of the freeholders with the district so
16 proposed to be annexed in Palm Beach County. Such election
17 shall be called and conducted and the expense thereto paid by
18 the Lake Worth Drainage District and the tract of land shall
19 not be annexed unless such annexation is approved by a
20 majority of the freeholders within the district proposed to be
21 annexed actually voting at such an election and by a majority
22 of the registered voters within the Lake Worth Drainage
23 District actually voting at such an election.
24 Section 22. Unit development; powers of supervisors to
25 designate units of district and adopt system of progressive
26 drainage by units; water control plans and financing
27 assessments, etc., for each unit.--The Board of Supervisors of
28 the Lake Worth Drainage District shall have the power and is
29 hereby authorized in its discretion to drain and reclaim or
30 more completely and intensively to drain and reclaim the lands
31 in the district by designated areas or parts of the district
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1 to be called "units." The units into which the district may
2 be so divided shall be given appropriate numbers or names by
3 the board of supervisors, so that said units may be readily
4 identified and distinguished. The board of supervisors shall
5 have the power to fix and determine the location, area, and
6 boundaries of and lands to be included in each and all such
7 units, the order of development thereof, and the method of
8 carrying on the work in each unit. The unit system of drainage
9 provided by this section may be conducted and all of the
10 proceedings by this section and this act authorized in respect
11 to such unit or units may be carried on and conducted at the
12 same time as or after the work of draining and reclaiming of
13 the entire district has been or is being or shall be
14 instituted or carried on under the provisions of this act. If
15 the board of supervisors shall determine that it is advisable
16 to conduct the work of draining and reclaiming the lands in
17 the district by units, as authorized by this section, the
18 board shall, by resolution duly adopted and entered upon its
19 minutes, declare its purpose to conduct such work accordingly,
20 and shall at the same time and manner fix the number, location
21 and boundaries of, and description of lands within such unit
22 or units and give them appropriate numbers or names. As soon
23 as practicable after the adoption and recording of such
24 resolution, the board of supervisors shall publish notice once
25 a week for 2 consecutive weeks in a newspaper published in
26 Palm Beach County briefly describing the units into which the
27 district has been divided and the lands embraced in each unit,
28 giving the name, number, or other designation of such units,
29 requiring all owners of lands in the district to show cause in
30 writing before the board of supervisors at a time and place to
31 be stated in such notice why such division of the district
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1 into such units should not be approved and the system of
2 development by units should not be adopted and given effect by
3 the board, and why the proceedings and powers authorized by
4 this section should not be had, taken, and exercised. At the
5 time and place stated in the notice, the board of supervisors
6 shall hear all objections or causes of objection, all of which
7 shall be in writing, of any landowner in the district to the
8 matters mentioned and referred to in such notice and, if no
9 objections are made or if said objections, if made, are
10 overruled by the board, then the board shall enter in its
11 minutes its finding and order confirming said resolution, and
12 may thereafter proceed with the development, drainage, and
13 reclamation of the district by units pursuant to such
14 resolution and to the provisions of this act. If, however, the
15 board of supervisors shall find as a result of such
16 objections, or any of them, or the hearing thereon, that the
17 division of the district into such units as aforesaid should
18 not be approved, or that the system of development by units
19 should not be adopted and given effect, or that the
20 proceedings and powers authorized by this section should not
21 be had, taken, or exercised, or that any other matter or thing
22 embraced in the resolution would not be in the best interest
23 of the landowners of the district or would be unjust or unfair
24 to any landowner therein or otherwise inconsistent with fair
25 and equal protection and enforcement of the rights of every
26 landowner in the district, then the board of supervisors shall
27 not proceed further under such resolution; but the board of
28 supervisors may, as a result of such hearing, modify or amend
29 said resolution so as to meet such objections, and thereupon
30 the board may confirm the resolution as so modified or amended
31 and may thereafter proceed accordingly. The sustaining of such
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1 objections and the rescinding of such resolutions shall not
2 exhaust the power of the board under this section; but, at any
3 time not less than 1 year after the date of the hearing upon
4 any such resolution, the board of supervisors may adopt other
5 resolutions under this section and thereupon proceed on due
6 notice in like manner as above. If the board of supervisors
7 overrules or refuses to sustain any such objections in whole
8 or in part made by any landowner in the district, or if any
9 landowner shall deem himself or herself aggrieved by any
10 action of the board of supervisors in respect to any
11 objections so filed, such landowner may, within 10 days after
12 the ruling of the board, file his or her bill of complaint in
13 the Circuit Court for Palm Beach County against the district,
14 praying an injunction or other appropriate relief against the
15 action or any part of such action proposed by such resolution
16 or resolutions of the board, and such suits shall be conducted
17 like other suits in equity, except that said suits shall have
18 preference over all other pending actions except criminal
19 actions and writs of habeas corpus. Upon the hearing of the
20 cause, the circuit court shall have the power to hear the
21 objections and receive the evidence thereon of all parties to
22 such cause and approve or disapprove said resolutions and
23 action of the board in whole or in part, and to render such
24 decree in such cause as right and justice require. When the
25 resolutions creating the unit system are confirmed by the
26 board of supervisors, or by the Circuit Court of Palm Beach
27 County, if such proposed action is challenged by a landowner
28 by the judicial proceedings hereinabove authorized, the board
29 of supervisors may adopt a water control plan or plans for and
30 in respect to any or all such units, and have the benefits and
31 damages resulting therefrom assessed and apportioned, and the
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1 engineer's report considered and confirmed, all in like manner
2 as is provided by law in regard to water control plans and
3 assessments for benefits and damages of the entire district.
4 With respect to the water control plan, notices, assessment of
5 benefits and damages, engineer's report and notice and
6 confirmation thereof, the levy of assessments and taxes,
7 including maintenance taxes, and the issuance of bonds, and
8 all other proceedings as to each and all of such units, the
9 board shall follow and comply with the same procedure as is
10 provided by law with respect to the entire district; and the
11 board of supervisors shall have the same powers in respect to
12 each and all of such units as is vested in them with respect
13 to the entire district. All the provisions of this act shall
14 apply to the drainage, reclamation, and improvement of each,
15 any, and all of such units; and the enumeration of or
16 reference to specific powers or duties of the supervisors or
17 any other officers or other matters in this act as hereinabove
18 set forth shall not limit or restrict the application of any
19 and all of the proceedings and powers herein to the drainage
20 and reclamation of such units as fully and completely as if
21 such unit or units were specifically and expressly named in
22 every section and clause of this act where the entire district
23 is mentioned or referred to. All assessments, levies, taxes,
24 bonds, and other obligations made, levied, assessed, or issued
25 for or in respect to any such unit or units shall be a lien
26 and charge solely and only upon the lands in such unit or
27 units, respectively, for the benefit of which the same is
28 levied, made, or issued, and not upon the remaining units or
29 lands in the district. The board of supervisors may at any
30 time amend its resolutions by changing the location and
31 description of lands in any such unit or units. Further, if
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1 the location of or description of lands located in any such
2 unit or units is so changed, notice of such change shall be
3 published as hereinabove required in this section for notice
4 of the formation or organization of such unit or units, and
5 all proceedings shall be had and done in that regard as are
6 provided in this section for the original creation of such
7 unit or units; however, no lands against which benefits are
8 assessed may be detached from any such unit after the
9 confirmation of the engineer's report of benefits in such unit
10 or units or the issuance of bonds or other obligations which
11 are payable from taxes or assessments for benefits levied upon
12 the lands within such unit or units. However, if, after the
13 confirmation of the engineer's report of benefits in such unit
14 or units, or the issuance of bonds or other obligations which
15 are payable from taxes or assessments for benefits levied upon
16 lands within such unit or units, the board of supervisors
17 finds the water control plan for any such unit or units
18 insufficient or inadequate for efficient development, the
19 water control plan may be amended or changed as provided in
20 chapter 298, Florida Statutes, and the unit or units may be
21 amended or changed as provided in this section, by changing
22 the location and description of lands in any such unit or
23 units, by detaching lands therefrom or by adding land thereto,
24 upon the approval of at least 51 percent of the landowners
25 according to acreage, in any such unit and of all of the
26 holders of bonds issued in respect to any such unit, and
27 provided that in such event all assessments, levies, taxes,
28 bonds, and other obligations made, levied, assessed, incurred,
29 or issued for or in respect to any such unit or units may be
30 allocated and apportioned to the amended unit or units in
31 proportion to the benefits assessed by the engineer's report
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1 for the amended water control plan and said report
2 specifically provide for such allocation and apportionment.
3 The landowners and all of the bondholders shall file their
4 approval of or objections to such amended water control plan
5 within the time provided in s. 298.301, Florida Statutes, and
6 shall file their approval of or objections to the amendment of
7 such unit as provided in this section. No lands shall be
8 detached from any unit after the issuance of bonds or other
9 obligations for such unit except upon the consent of all the
10 holders of such bonds or other obligations. In the event of
11 the change of the boundaries of any unit as provided herein
12 and the allocation and apportionment to the amended unit or
13 units of assessments, levies, taxes, bonds, and other
14 obligations in proportion to the benefits assessed by the
15 engineer's report for the amended water control plan, the
16 holder of bonds or other obligations heretofore issued for the
17 original unit who consent to such allocations and
18 apportionment shall be entitled to all rights and remedies
19 against any lands added to the amended unit or units as fully
20 and to the same extent as if such added lands had formed and
21 constituted a part of the original unit or units at the time
22 of the original issuance of such bonds or other obligations,
23 and regardless of whether the holders of such bonds or other
24 obligations are the original holders thereof or the holders
25 from time to time hereafter, and the rights and remedies of
26 such holders against the lands in the amended unit or units,
27 including any lands added thereto, under such allocation and
28 apportionment, shall constitute vested and irrevocable rights
29 and remedies to the holders from time to time of such bonds or
30 other obligations as fully and to the same extent as if such
31 bonds or other obligations had been originally issued to
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1 finance the improvements in such amended unit or units under
2 such amended plan of reclamation.
3 Section 23. In the event of a conflict between the
4 provisions of this act and the provisions of any other act,
5 the provisions of this act shall control to the extent of such
6 conflict.
7 Section 24. It is intended that the provisions of this
8 act shall be liberally construed for accomplishing the work
9 authorized and provided for or intended to be provided for by
10 this act, and where strict construction would result in the
11 defeat of the accomplishment of any part of the work
12 authorized by this act, and a liberal construction would
13 permit or assist in the accomplishment of any part of the work
14 authorized by this act, the liberal construction shall be
15 chosen.
16 Section 25. Nothing in this act shall change existing
17 law as to whether or the extent to which the provisions of
18 Chapters 253, 369, 373, and 403, Florida Statutes, shall
19 apply.
20 Section 3. Except as specifically reenacted herein,
21 chapter 6458, Laws of Florida 1913; chapter 26558 No. 79, Laws
22 of Florida 1951; chapter 28405, Laws of Florida 1953; chapter
23 57-574, Laws of Florida; chapter 59-629, Laws of Florida;
24 chapter 61-1747, Laws of Florida; chapter 63-616, Laws of
25 Florida; chapter 63-618, Laws of Florida; chapter 65-2065,
26 Laws of Florida; chapter 67-867, Laws of Florida; chapter
27 71-830, Laws of Florida; chapter 75-472, Laws of Florida;
28 chapter 81-460, Laws of Florida; chapter 82-353, Laws of
29 Florida; chapter 83-493, Laws of Florida; chapter 84-496, Laws
30 of Florida; chapter 87-521, Laws of Florida; chapter 90-480,
31
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1 Laws of Florida; and chapter 96-478, Laws of Florida, are
2 repealed.
3 Section 4. This act shall take effect upon becoming a
4 law.
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