House Bill 1511er
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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
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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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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2 amended and repealed as herein provided.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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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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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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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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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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