House Bill 0193e1

House Bill 1795e1

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







                                       CS/HB 1795, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         defining "advertising agency"; exempting the

  5         sale of advertising services by an advertising

  6         agency and certain items sold to, produced by,

  7         or sold by advertising agencies and related

  8         services from the tax; providing for

  9         administration; providing for retroactive

10         applicability in certain circumstances;

11         providing an effective date.

12

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

14

15         Section 1.  Paragraph (qq) is added to subsection (7)

16  of section 212.08, Florida Statutes, to read:

17         212.08  Sales, rental, use, consumption, distribution,

18  and storage tax; specified exemptions.--The sale at retail,

19  the rental, the use, the consumption, the distribution, and

20  the storage to be used or consumed in this state of the

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

23         (7)  MISCELLANEOUS EXEMPTIONS.--

24         (qq)  Advertising agencies.--

25         1.  As used in this paragraph, "advertising agency"

26  means any firm that is regularly engaged in the business of

27  providing advertising materials and services to its clients.

28         2.  The sale of advertising services by an advertising

29  agency to a client is exempt from the tax imposed by this

30  chapter. Also exempt from the tax imposed by this chapter are

31  items of tangible personal property such as photographic


                                  1

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






                                       CS/HB 1795, First Engrossed



  1  negatives and positives, videos, films, galleys, mechanicals,

  2  veloxes, illustrations, digital audiotapes, analog tapes,

  3  printed advertisement copies, compact discs for the purpose of

  4  recording, digital equipment, digital photographic discs,

  5  floppy discs, analog tape equipment, and artwork and the

  6  services used to produce those items if the items are:

  7         a.  Sold to an advertising agency that is acting as an

  8  agent for its clients pursuant to contract, and are created

  9  for the performance of advertising services for the clients;

10         b.  Produced, fabricated, manufactured, or otherwise

11  created by an advertising agency for its clients, and are used

12  in the performance of advertising services for the clients; or

13         c.  Sold by an advertising agency to its clients in the

14  performance of advertising services for the clients, whether

15  or not the charges for these items are marked up or separately

16  stated.

17

18  The exemption provided by this subparagraph does not apply

19  when tangible personal property such as film, paper, and

20  videotapes is purchased to create items such as photographic

21  negatives and positives, videos, films, galleys, mechanicals,

22  veloxes, illustrations, and artwork that are sold to an

23  advertising agency or produced in house by an advertising

24  agency on behalf of its clients.

25         3.  The items exempted from tax under subparagraph 2.

26  and the creative services used by an advertising agency to

27  design the advertising for promotional goods such as displays,

28  display containers, exhibits, newspaper inserts, brochures,

29  catalogues, direct mail letters or flats, shirts, hats, pens,

30  pencils, key chains, or other printed goods or materials are

31  not subject to tax. However, when such promotional goods are


                                  2

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






                                       CS/HB 1795, First Engrossed



  1  produced or reproduced for distribution, tax applies to the

  2  cost price.

  3         4.  For items purchased by an advertising agency and

  4  exempt from tax under this paragraph, possession of an

  5  exemption certificate from the advertising agency certifying

  6  the agency's entitlement to exemption relieves the vendor of

  7  the responsibility of collecting the tax on the sale of such

  8  items to the advertising agency, and the department shall look

  9  solely to the advertising agency for recovery of tax if it

10  determines that the advertising agency was not entitled to the

11  exemption.

12         5.  The exemptions provided by this paragraph apply

13  retroactively, except that all taxes that have been collected

14  must be remitted, and taxes that have been remitted before

15  July 1, 1998, on transactions that are subject to exemption

16  under this paragraph are not subject to refund.

17         Section 2.  This act shall take effect July 1 of the

18  year in which enacted.

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3

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






                                        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


                                  1

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






                                        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


                                  2

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






                                        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


                                  3

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






                                        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).


                                  4

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






                                        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


                                  5

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






                                        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


                                  6

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






                                        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


                                  7

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






                                        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


                                  8

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






                                        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


                                  9

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






                                        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


                                  10

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






                                        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


                                  11

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






                                        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.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  12

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






                                      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


                                  1

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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

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






                                      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


                                  57

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






                                      HB 4505, First Engrossed/ntc



  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


                                  58

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






                                      HB 4505, First Engrossed/ntc



  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


                                  59

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






                                      HB 4505, First Engrossed/ntc



  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:


                                  60

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






                                      HB 4505, First Engrossed/ntc



  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.


                                  61

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






                                      HB 4505, First Engrossed/ntc



  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.


                                  62

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






                                      HB 4505, First Engrossed/ntc



  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


                                  63

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






                                      HB 4505, First Engrossed/ntc



  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


                                  64

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






                                      HB 4505, First Engrossed/ntc



  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


                                  65

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






                                      HB 4505, First Engrossed/ntc



  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


                                  66

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






                                      HB 4505, First Engrossed/ntc



  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


                                  67

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






                                      HB 4505, First Engrossed/ntc



  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


                                  68

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






                                      HB 4505, First Engrossed/ntc



  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


                                  69

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






                                      HB 4505, First Engrossed/ntc



  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


                                  70

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






                                      HB 4505, First Engrossed/ntc



  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


                                  71

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






                                      HB 4505, First Engrossed/ntc



  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


                                  72

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






                                      HB 4505, First Engrossed/ntc



  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.


                                  73

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






                                      HB 4505, First Engrossed/ntc



  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


                                  74

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






                                      HB 4505, First Engrossed/ntc



  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


                                  75

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






                                      HB 4505, First Engrossed/ntc



  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


                                  76

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






                                      HB 4505, First Engrossed/ntc



  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


                                  77

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






                                      HB 4505, First Engrossed/ntc



  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,


                                  78

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






                                      HB 4505, First Engrossed/ntc



  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.


                                  79

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






                                      HB 4505, First Engrossed/ntc



  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


                                  80

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






                                      HB 4505, First Engrossed/ntc



  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


                                  81

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






                                      HB 4505, First Engrossed/ntc



  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


                                  82

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






                                      HB 4505, First Engrossed/ntc



  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


                                  83

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






                                      HB 4505, First Engrossed/ntc



  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


                                  84

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






                                      HB 4505, First Engrossed/ntc



  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


                                  85

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






                                      HB 4505, First Engrossed/ntc



  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


                                  86

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






                                      HB 4505, First Engrossed/ntc



  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


                                  87

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






                                      HB 4505, First Engrossed/ntc



  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


                                  88

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






                                      HB 4505, First Engrossed/ntc



  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


                                  89

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






                                      HB 4505, First Engrossed/ntc



  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


                                  90

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






                                      HB 4505, First Engrossed/ntc



  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.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  91