House Bill 1511er

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    ENROLLED

    1999 Legislature                      HB 1511, First Engrossed



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  2         An act relating to Joshua Water Control

  3         District, a special tax district in DeSoto

  4         County, Florida; providing for codification of

  5         special acts relating to Joshua Water Control

  6         District; providing legislative intent, and

  7         codifying and reenacting provisions of chapter

  8         69-1010, Laws of Florida; chapter 79-448, Laws

  9         of Florida; chapter 82-287, Laws of Florida;

10         and chapter 90-497, Laws of Florida; providing

11         for applicability of chapter 298, Florida

12         Statutes, and other general laws; providing a

13         district charter; providing for repeal of prior

14         special acts related to the Joshua Water

15         Control District; providing for an effective

16         date

17

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

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20         Section 1.  Intent--Pursuant to Section 189.429,

21  Florida Statutes (1997), this act constitutes the codification

22  of all special acts relating to the Joshua Water Control

23  District.  It is the intent of the Legislature in enacting

24  this law to provide a single, comprehensive special act

25  charter for the district including all current legislative

26  authority granted to the district by its several legislative

27  enactments and any additional authority granted by this act.

28         Section 2.  Codification--Chapter 69-1010, Laws of

29  Florida; Chapter 79-448, Laws of Florida; Chapter 82-287, Laws

30  of Florida; and Chapter 90-497, Laws of Florida; relating to

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    ENROLLED

    1999 Legislature                      HB 1511, First Engrossed



  1  the Joshua Water Control District, are codified, reenacted,

  2  amended and repealed as herein provided.

  3         Section 3.  (1)  For the purpose of comprehensive water

  4  management and control pursuant to Chapter 298, Florida

  5  Statutes, as it may be amended from time to time, a water

  6  control district is hereby established to be known as "Joshua

  7  Water Control District", the territorial boundaries of which

  8  shall be as follows:

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

10  drainage easements held by Joshua water control district in

11  Sections 2 and 11 in Township 37 South, Range 26 East; and

12  Sections 1 through 32 in Township 37 South, Range 27 East; and

13  the North 1/2 of the NE 1/4 of Section 36 together with

14  drainage easements held by Joshua Water Control District in

15  Sections 33, 34, 35, and 36 in Township 37 South, Range 27

16  East.

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

18  shall be divided into two subdistricts to be entitled

19  subdistrict A and subdistrict B.

20         (a)  The boundaries of subdistrict A shall

21  be:  Sections 1, 12, 13, 24, 25 and 36 together with drainage

22  easements held by Joshua Water Control District in Sections 2

23  and 11 in Township 37 South, Range 26 East; and Sections 1

24  through 30 in Township 37 South, Range 27 East; and the North

25  1/2 of the NE 1/4 of Section 36 together with drainage

26  easements held by Joshua Water Control District in Sections

27  33, 34, 35, and 36 in Township 37 South, Range 27 East.

28         (b)  The boundaries of subdistrict B shall

29  be:  Sections 31 and 32, Township 37 South, Range 27 East.

30         Section 4.  The circuit court in and for DeSoto County,

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


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    1999 Legislature                      HB 1511, First Engrossed



  1  judgment creating Joshua Water Control District.  The judgment

  2  heretofore entered by said circuit court and all subsequent

  3  proceedings taken in said circuit court covering said

  4  district, including provisions setting and extending the

  5  boundaries of said Joshua Water Control District, are

  6  ratified, confirmed and approved and established as the

  7  boundaries of said Joshua Water Control District.  The

  8  provisions of this act shall apply to such extended boundaries

  9  as though the same had been described herein.

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

11  authorities of the district under chapter 298, Florida

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

13  following powers:

14         To adopt a water control plan and to own, acquire,

15  construct, reconstruct, equip, operate, maintain, extend and

16  improve canals, ditches, drains, dikes, levies, pumps, plants

17  and plumbing systems and other works for drainage purposes,

18  and irrigation works, machinery and plants, to own, acquire,

19  construct, reconstruct, equip, maintain, operate, extend and

20  improve water and flood control facilities, road, to regulate

21  the supply and level of water within the district; and to take

22  all measures determined by the board of supervisors to be

23  necessary or desirable to prevent or alleviate land erosion

24  and to provide for the irrigation of crops growing upon the

25  land.

26         Section 5.  Status of district--Joshua Water Control

27  District is hereby declared to be an independent water control

28  district and a public corporation of the State of Florida

29  pursuant to Chapter 298, Florida Statutes, as it may be

30  amended from time to time.

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    1999 Legislature                      HB 1511, First Engrossed



  1         Section 6.  Board of Supervisors--The provision of

  2  section 298.11, Florida Statutes, requiring that the members

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

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

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

  6         Section 7.  Charter Requirements--In accordance with

  7  section 189.404(3), Florida Statutes, the following

  8  subsections shall constitute the charter of the Joshua Water

  9  Control District:

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

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

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

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

14  regarding ad valorem taxation, bond issuance, other

15  revenue-raising capabilities, budget preparation and approval,

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

17  certificates as appropriate for non-ad valorem assessments,

18  and contractual agreements shall be as set forth in chapters

19  170, 189, 197, and 298, Florida Statutes, or any other

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

21  time to time.

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

23  confirmed by special act of the Florida Legislature by chapter

24  69-1010, Laws of Florida, in accordance with chapter 298,

25  Florida Statutes.

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

27  special act of the Legislature.

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

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

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

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


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    1999 Legislature                      HB 1511, First Engrossed



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

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

  3  amended from time to time.

  4         (f)  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         (g)  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         (h)  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         (i)  The procedures and requirements governing the

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

17  by 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         (j)  The procedures for conducting district elections

21  and for qualification of electors shall be pursuant to this

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

23  amended from time to time.

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

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

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

27  time.

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

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

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

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


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    1999 Legislature                      HB 1511, First Engrossed



  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 8.  Severability--In case any one or more of

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

  8  such sections or provisions to any situation, circumstances,

  9  or persons shall for any reason be held to be

10  unconstitutional, such unconstitutionality shall not affect

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

12  application of such sections or provisions to any other

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

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

15  provision had not been included herein for any

16  unconstitutional application.

17         Section 9.  Effect of conflict--In the event of a

18  conflict between the provisions of this act and the provisions

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

20  the extent of such conflict.

21         Section 10.  Repeal of Prior Special Acts--Chapter

22  69-1010, Laws of Florida, chapter 79-448, Laws of Florida,

23  chapter 82-287, Laws of Florida, and chapter 90-497, Laws of

24  Florida, will be repealed 10 days after the effective date of

25  this Act.

26         Section 11.  This act shall take effect upon becoming a

27  law. 

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