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.

20

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  5  and repealed as herein provided.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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  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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  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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