House Bill 1421e1
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HB 1421, First Engrossed
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 ratifying, restating and approving district
11 formation; providing additional powers;
12 providing for applicability of chapters 298 and
13 189, Florida Statutes, and other general laws;
14 providing a district charter; providing for
15 liberal construction; providing a saving clause
16 in the event any provision of the act is deemed
17 invalid; repealing chapters; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Intent.--Pursuant to chapter 97-255, Laws
23 of Florida, this act constitutes the codification of all
24 special acts relating to the Ranger Drainage District. It is
25 the intent of the Legislature in enacting this law to provide
26 a single, comprehensive special act charter for the district,
27 including all current legislative authority granted to the
28 district by its several legislative enactments and any
29 additional authority granted by this act.
30 Section 2. Codification.--Chapter 81-445, Laws of
31 Florida, and chapter 97-355, Laws of Florida, relating to the
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HB 1421, First Engrossed
1 Ranger Drainage District, are codified, reenacted, amended,
2 and repealed as herein provided.
3 Section 3. District formation ratified, restated and
4 approved.--The District was created by decree of the circuit
5 court in and for the Ninth Judicial Circuit, Orange County,
6 Florida, entered on April 9, 1970, by final judgment entered
7 in In re: Ranger Drainage District, case number 69-2558, with
8 respect to RANGER DRAINAGE DISTRICT, a public corporation of
9 the state and all subsequent proceedings taken in said circuit
10 court concerning said district including the provisions
11 setting the boundaries of said drainage district are ratified,
12 confirmed, and approved.
13 Section 4. Status and boundaries of ranger drainage
14 district.--The Ranger Drainage District is hereby declared to
15 be an independent water control district and a public
16 corporation of the State of Florida pursuant to chapter 298,
17 Florida Statutes, as it may be amended from time to time, and
18 the lands lying within the area described as follows in Orange
19 County, Florida, shall hereby constitute the Ranger Drainage
20 District:
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22 The South one-half of Sections 1 and 2, the
23 easterly three-eighths of Section 10, all of
24 Sections, 11, 12, 13, 14, 19, 23, 24, 25, 26,
25 27, 28, 29, 30, and 31 in Township 23 South,
26 Range 32 East in Orange County, Florida, the
27 boundary of which is more particularly
28 described as follows:
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30 Commence at the Southeast corner of Section 25,
31 run northerly along the easterly lines of
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HB 1421, First Engrossed
1 Sections 25, 24, 13, 12, and 1 to the westerly
2 right-of-way of State Road 520; thence proceed
3 northwesterly along said westerly right-of-way
4 of State Road 520 to the intersection of State
5 Road 520 and the north line of the South
6 one-half of Section 1; thence westerly along
7 the North line of the South one-half of
8 Sections 1 and 2 to the westerly quarter corner
9 of Section 2; thence southerly along the West
10 line of Section 2 to the Southwest corner of
11 Section 2; thence westerly along the North line
12 of Section 10 to the Northwest corner of the
13 easterly three-eighths of Section 10; thence
14 southerly along the west line of the easterly
15 three-eighths of Section 10 to the Southwest
16 corner of the easterly three-eighths of Section
17 10; thence easterly along the south line of
18 Section 10 to the Southeast corner of Section
19 10; thence southerly along the west line of
20 Section 14 and 23 to the Southwest corner of
21 Section 23; thence westerly along the North
22 line of Sections 27, 28, and 29 to the
23 Northwest corner of Section 29; thence
24 northerly along the east line of Section 19 to
25 the Northeast corner of Section 19; thence
26 westerly along the North line of Section 19 to
27 the Northwest corner of Section 19; thence
28 southerly along the west line of Sections 19,
29 30, and 31 to the Southwest corner of Section
30 31; thence easterly along the south line of
31 Section 31 to the Southeast corner of Section
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HB 1421, First Engrossed
1 31; thence northerly along the east line of
2 Section 31 to the Northeast corner of Section
3 31; thence easterly along the south lines of
4 Sections 29, 28, 27, 26, and 25 to the point of
5 beginning.
6 Section 5. Additional district powers.--
7 (1) Services and projects may be provided by the
8 Ranger Drainage District on lands within or adjoining the
9 district by agreement with the owners of said lands.
10 (2) The Ranger Drainage District is authorized to
11 sponsor one or more events each calendar year intended to
12 foster community spirit, including, but not limited to, a
13 fishing tournament for the children of the community, so long
14 as the only involvement of the district is the provision of
15 its employees to assist in administering and holding the
16 event.
17 (3) The Ranger Drainage District is authorized to
18 allow fishing within canals which are works of the district
19 and which lie within rights-of-way or easements owned by the
20 district, subject to such policies as may be adopted by the
21 district from time to time.
22 Section 6. Limitation on liability with respect to
23 district lands and works used by the public for
24 recreation.--The provisions of chapter 298, Florida Statutes,
25 and applicable local laws to the contrary notwithstanding, the
26 following provisions control with respect to liability of the
27 Ranger Drainage District to persons using district
28 rights-of-way, works, or easements for outdoor recreational
29 purposes:
30 (1) Except as provided in subsection (2), when a water
31 management district, individually or jointly with another
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HB 1421, First Engrossed
1 agency of government, has acquired land adjacent to drainage
2 rights-of-way or works owned by the Ranger Drainage District,
3 or over which the Ranger Drainage District has a legally
4 established easement right, which land is made available by
5 the water management district for outdoor recreational
6 purposes, thereby allowing access to such rights-of-way,
7 works, or easements of the Ranger Drainage District, and which
8 otherwise qualifies for the limitation on liability afforded
9 to the water management district when there is no charge made
10 or usually made for entering or using the land and on which no
11 commercial or other activity from which profit is derived from
12 the patronage of the public is conducted on the land, the
13 Ranger Drainage District shall enjoy the same limitation on
14 liability for its rights-of-way, works, and easements as is
15 enjoyed by the water management district for its lands when
16 those same circumstances exist, when access is gained to
17 Ranger Drainage District rights-of-way, works, or easements
18 from the water management district lands.
19 (2) This section does not relieve the Ranger Drainage
20 District of any liability that would otherwise exist for gross
21 negligence or a deliberate, willful, or malicious injury to a
22 person or property. This section does not create or increase
23 the liability of the Ranger Drainage District or any person
24 beyond that which is authorized by s. 768.28, Florida
25 Statutes.
26 (3) The term "outdoor recreational purposes," as used
27 in this section, includes activities such as, but not limited
28 to, horseback riding, hunting, fishing, bicycling, swimming,
29 boating, camping, picnicking, hiking, pleasure driving, nature
30 study, water skiing, motorcycling, and visiting historical,
31 archaeological, scenic, or scientific sites.
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HB 1421, First Engrossed
1 Section 7. 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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HB 1421, First Engrossed
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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HB 1421, First Engrossed
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 4 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 8. Liberal construction.--It is intended that
16 the provisions of this act shall be liberally construed for
17 accomplishing the work authorized and provided for or intended
18 to be provided for by this act, and where strict construction
19 would result in the defeat of the accomplishment of any part
20 of the work authorized by this act, and a liberal construction
21 would permit or assist in the accomplishment of any part of
22 the work authorized by this act, the liberal construction
23 shall be chosen.
24 Section 9. Invalidity.--If any section, subsection,
25 sentence, clause, or phrase of this act is held to be
26 unconstitutional, such holding shall not affect the validity
27 of the remaining portions of the act, the Legislature hereby
28 declaring that it would have passed this act and each section,
29 subsection, sentence, clause, and phrase thereof, irrespective
30 of any other separate section, subsection, sentence, clause,
31 or phrase thereof, and irrespective of the fact that any one
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HB 1421, First Engrossed
1 or more other sections, subsections, sentences, clauses, or
2 phrases thereof may be declared unconstitutional.
3 Section 10. Repeal of prior special acts.--Chapter
4 81-445, Laws of Florida, and chapter 97-355, Laws of Florida,
5 relating to the Ranger Drainage District shall be repealed 10
6 days after the effective date of this act.
7 Section 11. This act shall take effect upon becoming a
8 law.
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