House Bill 1421
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Florida House of Representatives - 1999 HB 1421
By Representatives Starks, Posey, Trovillion, Feeney,
Constantine, Brummer, Johnson, Reddick and Sublette
1 A bill to be entitled
2 An act relating to Orange County; providing for
3 codification of special laws regarding special
4 districts pursuant to chapter 97-255, Laws of
5 Florida, relating to the Ranger Drainage
6 District, a special tax district in Orange
7 County; providing legislative intent; codifying
8 and reenacting chapter 97-355, Laws of Florida;
9 providing district status and boundaries;
10 providing additional powers; providing for
11 applicability of chapters 298 and 189, Florida
12 Statutes, and other general laws; providing a
13 district charter; providing for liberal
14 construction; providing a saving clause in the
15 event any provision of the act is deemed
16 invalid; repealing chapter 81-445, Laws of
17 Florida, and ss. 1, 2, 3, 4, 5, 6, 8, and 9 of
18 chapter 97-355, Laws of Florida; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 1 is created to read:
24 Section 1. Intent.--Pursuant to chapter 97-255, Laws
25 of Florida, this act constitutes the codification of all
26 special acts relating to the Ranger Drainage District. It is
27 the intent of the Legislature in enacting this law to provide
28 a single, comprehensive special act charter for the district,
29 including all current legislative authority granted to the
30 district by its several legislative enactments and any
31 additional authority granted by this act.
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1 Section 2. Section 2 is created to read:
2 Section 2. Codification.--Chapter 81-445, Laws of
3 Florida, and chapter 97-355, Laws of Florida, relating to the
4 Ranger Drainage District, are codified, reenacted, amended,
5 and repealed as herein provided.
6 Section 3. Section 3 is created to read:
7 Section 3. Status and boundaries of ranger drainage
8 district.--The Ranger Drainage District is hereby declared to
9 be an independent water control district and a public
10 corporation of the State of Florida pursuant to chapter 298,
11 Florida Statutes, as it may be amended from time to time, and
12 the lands lying within the area described as follows in Orange
13 County, Florida, shall hereby constitute the Ranger Drainage
14 District:
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16 The South one-half of Sections 1 and 2, the
17 easterly three-eighths of Section 10, all of
18 Sections, 11, 12, 13, 14, 19, 23, 24, 25, 26,
19 27, 28, 29, 30, and 31 in Township 23 South,
20 Range 32 East in Orange County, Florida, the
21 boundary of which is more particularly
22 described as follows:
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24 Commence at the Southeast corner of Section 25,
25 run northerly along the easterly lines of
26 Sections 25, 24, 13, 12, and 1 to the westerly
27 right-of-way of State Road 520; thence proceed
28 northwesterly along said westerly right-of-way
29 of State Road 520 to the intersection of State
30 Road 520 and the north line of the South
31 one-half of Section 1; thence westerly along
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Florida House of Representatives - 1999 HB 1421
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1 the North line of the South one-half of
2 Sections 1 and 2 to the westerly quarter corner
3 of Section 2; thence southerly along the West
4 line of Section 2 to the Southwest corner of
5 Section 2; thence westerly along the North line
6 of Section 10 to the Northwest corner of the
7 easterly three-eighths of Section 10; thence
8 southerly along the west line of the easterly
9 three-eighths of Section 10 to the Southwest
10 corner of the easterly three-eighths of Section
11 10; thence easterly along the south line of
12 Section 10 to the Southeast corner of Section
13 10; thence southerly along the west line of
14 Section 14 and 23 to the Southwest corner of
15 Section 23; thence westerly along the North
16 line of Sections 27, 28, and 29 to the
17 Northwest corner of Section 29; thence
18 northerly along the east line of Section 19 to
19 the Northeast corner of Section 19; thence
20 westerly along the North line of Section 19 to
21 the Northwest corner of Section 19; thence
22 southerly along the west line of Sections 19,
23 30, and 31 to the Southwest corner of Section
24 31; thence easterly along the south line of
25 Section 31 to the Southeast corner of Section
26 31; thence northerly along the east line of
27 Section 31 to the Northeast corner of Section
28 31; thence easterly along the south lines of
29 Sections 29, 28, 27, 26, and 25 to the point of
30 beginning.
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Florida House of Representatives - 1999 HB 1421
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1 Section 4. Section 4 is created to read:
2 Section 4. Additional district powers.--
3 (1) Services and projects may be provided by the
4 Ranger Drainage District on lands within or adjoining the
5 district by agreement with the owners of said lands.
6 (2) The Ranger Drainage District is authorized to
7 sponsor one or more events each calendar year intended to
8 foster community spirit, including, but not limited to, a
9 fishing tournament for the children of the community, so long
10 as the only involvement of the district is the provision of
11 its employees to assist in administering and holding the
12 event.
13 (3) The Ranger Drainage District is authorized to
14 allow fishing within canals which are works of the district
15 and which lie within rights-of-way or easements owned by the
16 district, subject to such policies as may be adopted by the
17 district from time to time.
18 Section 5. Section 7 of chapter 97-355, Laws of
19 Florida, is amended to read:
20 Section 5.7. Limitation on liability with respect to
21 district lands and works used by the public for
22 recreation.--The provisions of chapter 298, Florida Statutes,
23 and applicable local laws to the contrary notwithstanding, the
24 following provisions control with respect to liability of the
25 Ranger Drainage District to persons using district
26 rights-of-way, works, or easements for outdoor recreational
27 purposes:
28 (1) Except as provided in subsection (2), when a water
29 management district, individually or jointly with another
30 agency of government, has acquired land adjacent to drainage
31 rights-of-way or works owned by the Ranger Drainage District,
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1 or over which the Ranger Drainage District has a legally
2 established easement right, which land is made available by
3 the water management district for outdoor recreational
4 purposes, thereby allowing access to such rights-of-way,
5 works, or easements of the Ranger Drainage District, and which
6 otherwise qualifies for the limitation on liability afforded
7 to the water management district when there is no charge made
8 or usually made for entering or using the land and on which no
9 commercial or other activity from which profit is derived from
10 the patronage of the public is conducted on the land, the
11 Ranger Drainage District shall enjoy the same limitation on
12 liability for its rights-of-way, works, and easements as is
13 enjoyed by the water management district for its lands when
14 those same circumstances exist, when access is gained to
15 Ranger Drainage District rights-of-way, works, or easements
16 from the water management district lands.
17 (2) This section does not relieve the Ranger Drainage
18 District of any liability that would otherwise exist for gross
19 negligence or a deliberate, willful, or malicious injury to a
20 person or property. This section does not create or increase
21 the liability of the Ranger Drainage District or any person
22 beyond that which is authorized by s. 768.28, Florida
23 Statutes.
24 (3) The term "outdoor recreational purposes," as used
25 in this section, includes activities such as, but not limited
26 to, horseback riding, hunting, fishing, bicycling, swimming,
27 boating, camping, picnicking, hiking, pleasure driving, nature
28 study, water skiing, motorcycling, and visiting historical,
29 archaeological, scenic, or scientific sites.
30 Section 6. Section 6 is created to read:
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1 Section 6. Minimum charter requirements.--In
2 accordance with s. 189.404(3), Florida Statutes, the following
3 subsections shall constitute the charter of the Ranger
4 Drainage District:
5 (1) The district is organized and exists for all
6 purposes set forth in this act and chapter 298, Florida
7 Statutes, as they may be amended from time to time.
8 (2) The powers, functions, and duties of the district
9 regarding ad valorem taxation, bond issuance, other
10 revenue-raising capabilities, budget preparation and approval,
11 liens and foreclosure of liens, use of tax deeds and tax
12 certificates as appropriate for non-ad valorem assessments,
13 and contractual agreements shall be as set forth in chapters
14 170, 189, 197, and 298, Florida Statutes, or any other
15 applicable general or special law, as they may be amended from
16 time to time.
17 (3) The district was created by judicial decree by the
18 Circuit Court of Orange County, Florida, in In re: Ranger
19 Drainage District, Civil Case Number 69-2558 in accordance
20 with chapter 298, Florida Statutes.
21 (4) The district's charter may be amended only by
22 special act of the Legislature.
23 (5) In accordance with chapter 189, Florida Statutes,
24 this act, and s. 298.11, Florida Statutes, the district is
25 governed by a three-member board, elected on a one-acre,
26 one-vote basis by the landowners in the district; however,
27 landowners owning less than one acre shall be entitled to one
28 vote. Landowners with more than one acre shall be entitled to
29 one additional vote for any fraction of an acre greater than
30 1/2 acre owned, when all of the landowner's acreage has been
31 aggregated for purposes of voting. The membership and
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1 organization of the board shall be as set forth in this act
2 and chapter 298, Florida Statutes, as they may be amended from
3 time to time.
4 (6) The compensation of board members shall be
5 governed by this act and chapter 298, Florida Statutes, as
6 they may be amended from time to time.
7 (7) The administrative duties of the board of
8 supervisors shall be as set forth in this act and chapter 298,
9 Florida Statutes, as they may be amended from time to time.
10 (8) Requirements for financial disclosure, meeting
11 notices, reporting, public records maintenance, and per diem
12 expenses for officers and employees shall be as set forth in
13 chapters 112, 189, 286, and 298, Florida Statutes, as they may
14 be amended from time to time.
15 (9) The procedures and requirements governing the
16 issuance of bonds, notes and other evidence of indebtedness by
17 the district shall be as set forth in chapter 298, Florida
18 Statutes, and applicable general laws, as they may be amended
19 from time to time.
20 (10) The procedures for conducting district elections
21 and for qualification of electors shall be pursuant to
22 chapters 189 and 298, Florida Statutes, as they may be amended
23 from time to time; however, a quorum for purposes of holding
24 the annual meeting or any special meeting shall consist of
25 those landowners present in person or represented by proxy at
26 said meeting.
27 (11) The district may be financed by any method
28 established in this act, chapter 298, Florida Statutes, and
29 applicable general laws, as they may be amended from time to
30 time.
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1 (12) The methods for collecting non-ad valorem
2 assessments, fees, or service charges shall be as set forth in
3 chapters 170, 197, and 298, Florida Statutes, and other
4 applicable general laws, as they may be amended from time to
5 time.
6 (13) The district's planning requirements shall be as
7 set forth in chapters 189 and 298, Florida Statutes, as they
8 may be amended from time to time.
9 (14) The district's geographic boundary limitations
10 shall be as set forth in section 3 of this act.
11 (15) The district shall have all powers provided to it
12 by this act, chapters 189 and 298, Florida Statutes, and other
13 applicable general laws, as they may be amended from time to
14 time.
15 Section 7. Section 7 is created to read:
16 Section 7. Liberal construction.--It is intended that
17 the provisions of this act shall be liberally construed for
18 accomplishing the work authorized and provided for or intended
19 to be provided for by this act, and where strict construction
20 would result in the defeat of the accomplishment of any part
21 of the work authorized by this act, and a liberal construction
22 would permit or assist in the accomplishment of any part of
23 the work authorized by this act, the liberal construction
24 shall be chosen.
25 Section 8. Section 8 is created to read:
26 Section 8. Invalidity.--If any section, subsection,
27 sentence, clause, or phrase of this act is held to be
28 unconstitutional, such holding shall not affect the validity
29 of the remaining portions of the act, the Legislature hereby
30 declaring that it would have passed this act and each section,
31 subsection, sentence, clause, and phrase thereof, irrespective
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1 of any other separate section, subsection, sentence, clause,
2 or phrase thereof, and irrespective of the fact that any one
3 or more other sections, subsections, sentences, clauses, or
4 phrases thereof may be declared unconstitutional.
5 Section 9. Section 9 is created to read:
6 Section 9. Repeal of prior special acts.--Chapter
7 81-445, Laws of Florida, and sections 1 through 6, 8, and 9 of
8 chapter 97-355, Laws of Florida, relating to the Ranger
9 Drainage District shall be repealed 10 days after the
10 effective date of this act.
11 Section 10. This act shall take effect upon becoming a
12 law.
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