House Bill 1511

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    Florida House of Representatives - 1999                HB 1511

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to Joshua Water Control

  3         District, DeSoto County; amending and codifying

  4         the district charter, chapter 69-1010, Laws of

  5         Florida, as amended; providing boundaries;

  6         providing district powers and duties; providing

  7         for ad valorem taxation, bond issuance,

  8         revenue-raising capabilities, liens and

  9         foreclosure of liens, use of tax deeds and

10         certificates, and contractual agreements;

11         providing for future charter amendment;

12         providing for a board of supervisors, and

13         election and compensation; providing for

14         meeting notices, financial disclosure, and

15         public records; providing for collection of

16         non-ad valorem assessments, fees, and service

17         charges; providing for severability; providing

18         for construction; repealing sections 1 and 5

19         through 9 of chapter 69-1010, Laws of Florida,

20         chapter 79-448, Laws of Florida, section 2 of

21         chapter 82-287, Laws of Florida, and chapter

22         90-497, Laws of Florida; providing an effective

23         date.

24

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

26

27         Section 1.  Chapter 69-1010, Laws of Florida, as

28  amended, is codified, reenacted, amended, and repealed as

29  herein provided.

30         Section 2.  The Joshua Water Control District is

31  re-created and reenacted to read:

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    Florida House of Representatives - 1999                HB 1511

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  1         Section 1.  (1)  For the purpose of draining and

  2  conserving the lands hereinafter described and protecting the

  3  same from the effects of water, for controlling the water in

  4  the district and the water tables with respect to the lands

  5  therein, for agricultural and sanitary purposes, and for the

  6  public health, convenience, welfare, utility, and benefit, and

  7  for the purpose of making the lands within the district

  8  available and habitable for settlement and agriculture,

  9  pursuant to chapter 298, Florida Statutes, as it may be

10  amended from time to time, a water control district is hereby

11  established to be known as "Joshua Water Control District,"

12  the territorial boundaries of which shall be as follows:

13

14         Sections 1, 12, 13, 24, 25 and 36 together with

15         drainage easements held by Joshua Water Control

16         District in Sections 2 and 11 in Township 37

17         South, Range 26 East; and Sections 1 through 32

18         in Township 37 South, Range 27 East; and the

19         North 1/2 of the NE 1/4 of section 36 together

20         with drainage easements held by Joshua Water

21         Control District in Sections 33, 34, 35 and 36

22         in Township 37 South, Range 27 East.

23

24         (2)  All lands within the Joshua Water Control District

25  shall be divided into two subdistricts to be entitled

26  subdistrict A and subdistrict B.

27         (a)  The boundaries of subdistrict A shall be:

28

29         Sections 1, 12, 13, 24, 25 and 36 together with

30         drainage easements held by Joshua Water Control

31         District in Sections 2 and 11 in Township 37

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    Florida House of Representatives - 1999                HB 1511

    581-134-99






  1         South, Range 26 East; and Sections 1 through 30

  2         in Township 37 South, Range East; and the North

  3         1/2 of the NE 1/4 of Section 36 together with

  4         drainage easements held by Joshua Water Control

  5         District in Sections 33, 34, 35, and 36 in

  6         Township 37 South, Range 27 East.

  7

  8         (b)  The boundaries of subdistrict B shall be:

  9

10         Sections 31 and 32, Township 37 South, Range 27

11         East.

12

13         (3)  It is hereby determined, declared, and enacted

14  that said lands without the installation and maintenance of

15  drainage facilities are wet and subject to overflow, and that

16  the drainage and protection of said lands from the effects of

17  water and thereby the making of said lands available for

18  habitation and agricultural purposes by drainage, reclamation,

19  and improvement, and the creation of said district with the

20  powers vested in it by this act, are in the interest of and

21  conducive to public welfare, health, and convenience, and said

22  district hereby created shall be a public corporation of this

23  state.

24         Section 2.  The circuit court in and for DeSoto County,

25  Florida, in a proceeding under chapter 298, has entered a

26  judgment creating Joshua Water Control District. The judgment

27  heretofore entered by said circuit court and all subsequent

28  proceedings taken in said circuit court covering said

29  district, including provisions setting and extending the

30  boundaries of said Joshua Water Control District, are

31  ratified, confirmed, and approved and established as the

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    Florida House of Representatives - 1999                HB 1511

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  1  boundaries of said Joshua Water Control District. The

  2  provisions of this act shall apply to such extended boundaries

  3  as though the same had been described herein.

  4         In addition, and not in limitation of the powers and

  5  authorities of the district under chapter 298, Florida

  6  Statutes, and amendments thereto, the district shall have the

  7  following powers:

  8         To adopt a water control plan of reclamation, and to

  9  own, acquire, construct, reconstruct, equip, operate,

10  maintain, extend, and improve canals, ditches, drains, dikes,

11  levies, pumps, plants, and plumbing systems and other works

12  for drainage purposes, and irrigation works, machinery, and

13  plants, to own, acquire, construct, reconstruct, equip,

14  maintain, operate, extend, and improve water and flood control

15  facilities, to regulate the supply and level of water within

16  the district; and to take all measures determined by the board

17  of supervisors to be necessary or desirable to prevent or

18  alleviate land erosion and to provide for the irrigation of

19  crops growing upon the land.

20         Section 3.  Status of district.--Joshua Water Control

21  District, a public corporation of this state, created herein

22  and under chapter 298, Florida Statutes, shall be governed by

23  the provisions of the general drainage laws of Florida

24  applicable to such drainage districts or subdrainage districts

25  which are embodied in chapter 298, Florida Statutes, and all

26  of the laws amendatory thereof, now existing or hereafter

27  enacted, so far as not inconsistent with this act or any

28  subsequent special acts relating to Joshua Water Control

29  District.  All actions approved by the court shall be deemed

30  to be the action of the Legislature as though the same were

31  set forth herein.  Joshua Water Control District is hereby

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    Florida House of Representatives - 1999                HB 1511

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  1  declared to be an independent water control district and a

  2  public corporation of the State of Florida pursuant to chapter

  3  298, Florida Statutes, as it may be amended from time to time.

  4         Section 4.  Board of supervisors.--The provision of

  5  section 298.11, Florida Statutes, requiring that the members

  6  of the board of supervisors be residents of DeSoto County,

  7  shall not be applicable to said district.  The members of the

  8  board of supervisors shall reside within the State of Florida.

  9         (a)  The district is organized and exists for all

10  purposes set forth in this act and chapter 298, Florida

11  Statutes, as they may be amended from time to time.

12         (b)  The powers, functions, and duties of the district

13  regarding ad valorem taxation, bond issuance, other

14  revenue-raising capabilities, budget preparation and approval,

15  liens and foreclosure of liens, use of tax deeds and tax

16  certificates as appropriate for non-ad valorem assessments,

17  and contractual agreements shall be as set forth in chapters

18  170, 189, 197, and 298, Florida Statutes, or any other

19  applicable general or special law, as they may be amended from

20  time to time.

21         (c)  The district was created by judicial decree and

22  confirmed by special act of the Florida Legislature by chapter

23  69-1010, Laws of Florida, in accordance with chapter 298,

24  Florida Statutes.

25         (d)  The district's charter may be amended only by

26  special act of the Legislature.

27         (e)  In accordance with chapter 189, Florida Statutes,

28  this act, and section 298.11, Florida Statutes, the district

29  is governed by a three-member board, elected on a one-acre,

30  one-vote basis by the landowners in the district. The

31  membership and organization of the board shall be as set forth

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    Florida House of Representatives - 1999                HB 1511

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  1  in this act and chapter 298, Florida Statutes, as they may be

  2  amended from time to time.

  3         (f)  The compensation of board members shall be

  4  governed by this act and chapter 298, Florida Statutes, as

  5  they may be amended from time to time.

  6         (g)  The administrative duties of the board of

  7  supervisors shall be as set forth in this act and chapter 298,

  8  Florida Statutes, as they may be amended from time to time.

  9         (h)  Requirements for financial disclosure, meeting

10  notices, reporting, public records maintenance, and per diem

11  expenses for officers and employees shall be as set forth in

12  chapters 112, 189, 286, and 298, Florida Statutes, as they may

13  be amended from time to time.

14         (i)  The procedures and requirements governing the

15  issuance of bonds, notes, and other evidence of indebtedness

16  by the district shall be as set forth in chapter 298, Florida

17  Statutes, and applicable general laws, as they may be amended

18  from time to time.

19         (j)  The procedures for conducting district elections

20  and for qualification of electors shall be pursuant to this

21  act and chapters 189 and 298, Florida Statutes, as they may be

22  amended from time to time.

23         (k)  The district may be financed by any method

24  established in this act, chapter 298, Florida Statutes, and

25  applicable general laws, as they may be amended from time to

26  time.

27         (l)  The methods for collecting non-ad valorem

28  assessments, fees, or service charges shall be as set forth in

29  chapters 197 and 298, Florida Statutes, and other applicable

30  general laws, as they may be amended from time to time.

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    Florida House of Representatives - 1999                HB 1511

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  1         (m)  The district's planning requirements shall be as

  2  set forth in chapters 189 and 298, Florida Statutes, as they

  3  may be amended from time to time.

  4         (n)  The district's geographic boundary limitations

  5  shall be as set forth in this act.

  6         Section 3.  Sections 1 and 5 through 9 of chapter

  7  69-1010, Laws of Florida; chapter 79-448, Laws of Florida;

  8  section 2 of chapter 82-287, Laws of Florida; and chapter

  9  90-497, Laws of Florida, will be repealed 10 days after the

10  effective date of this act.

11         Section 4.  Severability.--In case any one or more of

12  the sections or provisions of this act or the application of

13  such sections or provisions to any situation, circumstances,

14  or persons shall for any reason be held to be

15  unconstitutional, such unconstitutionality shall not affect

16  any of the other sections or provisions of this act or the

17  application of such sections or provisions to any other

18  situation, circumstances, or persons and it is intended that

19  this law shall be construed and applied as if such section or

20  provision had not been included herein for any

21  unconstitutional application.

22         Section 5.  Effect of conflict.--In the event of a

23  conflict between the provisions of this act and the provisions

24  of any other act, the provisions of this act shall control to

25  the extent of such conflict.

26         Section 6.  This act shall take effect upon becoming a

27  law.

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