House Bill 1609er
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1999 Legislature HB 1609
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2 An act relating to the Zellwood Drainage and
3 Water Control District; providing definitions;
4 providing for dissolution of said district upon
5 the acquisition of lands by the St. Johns River
6 Water Management District; providing for
7 allocation of assets and liabilities of the
8 Zellwood Drainage and Water Control District if
9 dissolution occurs; ratifying any existing
10 interlocal agreement between the St. Johns
11 River Water Management District and the
12 Zellwood Drainage and Water Control District;
13 providing resolution in the event of statutory
14 conflict; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Definitions.--As used in this act, the
19 following terms shall have the meanings set forth below:
20 (1) "St. Johns" means the St. Johns River Water
21 Management District.
22 (2) "Zellwood" means the Zellwood Drainage and Water
23 Control District.
24 (3) "Remaining lands" means the lands identified by
25 the Orange County property records with tax parcel
26 identification numbers 28-20-27-9508-02050,
27 12-21-27-0000-00006, 34-20-27-0000-00002, 34-20-27-0000-00013,
28 28-20-27-9508-02130, 29-20-27-9508-03161, 29-20-27-9508-03010,
29 28-20-27-9508-02161, and 28-20-27-9508-02160.
30 Section 2. If St. Johns becomes the fee title owner of
31 record of all the remaining lands within Zellwood, then
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1999 Legislature HB 1609
1 chapter 20715, Laws of Florida, 1941, and chapter 24323, Laws
2 of Florida, 1947, relating to Zellwood are repealed, and
3 Zellwood shall be dissolved effective 180 days after such
4 event. If St. Johns becomes the fee title owner of record of
5 all the remaining lands within Zellwood, then St. Johns shall
6 notify, in writing, the Department of Community Affairs of the
7 occurrence of said event and of the dissolution of Zellwood
8 pursuant to the provisions of this act. In the event St.
9 Johns does not become the fee title owner of record of all the
10 remaining lands within Zellwood, then chapter 20715, Laws of
11 Florida, 1941, and chapter 24323, Laws of Florida, 1947, shall
12 not be repealed and Zellwood shall not be dissolved.
13 Section 3. St. Johns shall notify Zellwood, in
14 writing, of St. Johns becoming the fee title owner of record
15 of all of the remaining lands within Zellwood, within 7 days
16 after such event. St. Johns' written notice to Zellwood shall
17 also include a list of Zellwood's property which St. Johns
18 determines is needed for restoration activities at Lake
19 Apopka. Upon receiving such notice, Zellwood shall develop
20 and implement a process to allocate that district's assets and
21 liabilities prior to that district's dissolution. Subsequent
22 to the date of dissolution of Zellwood, the Zellwood Board of
23 Supervisors shall retain the power and authority necessary to
24 finalize the allocation of Zellwood's assets and liabilities
25 as provided herein. In allocating its assets and liabilities,
26 Zellwood shall undertake the following actions in the sequence
27 listed below:
28 (1) Transfer to St. Johns, without cost, all property
29 that the St. Johns has listed as needed for restoration
30 activities at Lake Apopka.
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1999 Legislature HB 1609
1 (2) Use the remaining assets, or proceeds from the
2 sale of such assets, to eliminate all of Zellwood's reasonably
3 ascertainable liabilities.
4 (3) Transfer any assets, or the proceeds from the sale
5 of such assets, remaining after eliminating reasonably
6 ascertainable liabilities, to St. Johns. St. Johns shall
7 deposit any moneys received pursuant to this subsection, which
8 resulted from the sale of tangible personal property in the
9 Economic Development Trust Fund in the Executive Office of the
10 Governor to be distributed pursuant to the provisions of
11 section 373.461(5)(f), Florida Statutes. St. Johns shall
12 transfer any tangible personal property received pursuant to
13 this subsection to the Department of Management Services to be
14 sold. The Department of Management Services shall deposit the
15 proceeds from such sale in the Economic Development Trust Fund
16 in the Executive Office of the Governor to be distributed
17 pursuant to the provisions of section 373.461(5)(f), Florida
18 Statutes.
19 Section 4. Any interlocal agreement existing between
20 St. Johns and Zellwood is hereby ratified and St. Johns and
21 Zellwood are authorized to modify or rescind such interlocal
22 agreement.
23 Section 5. To the extent any conflict occurs between
24 the provisions of this act and chapter 20715, Laws of Florida,
25 1941, chapter 24323, Laws of Florida, 1947, or chapter 298,
26 Florida Statutes, then this act shall govern. Nothing in this
27 act shall be construed as altering any of the provisions of
28 section 373.461, Florida Statutes. This act shall not be
29 construed as modifying the existing consent order between
30 Zellwood and St. Johns and the same shall remain in effect.
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1999 Legislature HB 1609
1 Section 6. This act shall take effect upon becoming a
2 law.
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