Senate Bill 2584
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Florida Senate - 1999 (NP) SB 2584
By Senators Grant, Sebesta, Lee and Hargrett
13-133-99 See HB
1 A bill to be entitled
2 An act relating to the Twelve Oaks Special
3 District, Hillsborough County; consolidating,
4 compiling, and codifying extant laws pertaining
5 to the district; providing legislative intent;
6 deleting provisions that have expired, have had
7 their effect, have served their purpose, or
8 have been impliedly repealed or superseded;
9 replacing incorrect cross-references and
10 citations; correcting grammatical,
11 typographical, and like errors; removing
12 inconsistencies, redundancies, and unnecessary
13 repetition; improving clarity and facilitating
14 correct interpretation; providing notice that
15 the district is an independent special district
16 approved by referendum; adding definitions;
17 providing for election of trustees in
18 nonpartisan, biennial elections in
19 even-numbered years; providing for the payment
20 of a qualifying fee; providing for certain
21 exemptions to chapter 106, F.S., relating to
22 campaign financing; providing a transition
23 schedule; revising ballot language
24 requirements; providing the date trustees take
25 office; providing for the appointment of
26 trustees under certain circumstances; providing
27 that the board is a public body and shall
28 conduct its business accordingly; providing an
29 exception for the disbursement of certain
30 funds; conforming the law to s. 768.28, F.S.,
31 relating to trustees' civil liability and
1
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Florida Senate - 1999 (NP) SB 2584
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1 immunity from suit; enumerating the powers and
2 duties of the district in a single section;
3 clarifying and conforming the law to the actual
4 business practices of the district, which
5 practices are routine in nature but not
6 previously enumerated, including the
7 responsibility to insure the facilities,
8 properties, operations, and trustees of the
9 district, to adopt bylaws, to enter into
10 agreements, to operate, supervise, and maintain
11 recreational facilities or enter into
12 arrangements with others for same, to
13 establish, charge, and collect fees for use of
14 the facilities, to employ personnel, to
15 transfer funds among line items, to provide for
16 the creation of a petty cash fund and to make
17 expenditures from same, to create and maintain
18 reserves for certain known or planned
19 expenditures, to invest surplus and reserve
20 funds by resolution in certain accounts, and to
21 adopt bylaws relating to calling special and
22 other meetings; adding new powers, including
23 the power to direct the supervisor to place
24 certain referendums on the ballot, and to
25 perform, when not excepted by this act and when
26 otherwise applicable, duties required by
27 general law relating to special districts and
28 to the levy of non-ad valorem assessments;
29 conforming the law to the requirements of ch.
30 197, F.S.; providing for the dissolution of the
31 district in accordance with general law;
2
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Florida Senate - 1999 (NP) SB 2584
13-133-99 See HB
1 providing a savings clause; repealing chapters
2 82-305 and 84-438, Laws of Florida, relating to
3 the district; providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. It is the intent of the Legislature that
8 this act supersede chapter 82-305, Laws of Florida, and
9 amendments thereto, which provide for the Twelve Oaks Special
10 District, and that this act constitute a codification of
11 previously existing legislation relating to the Twelve Oaks
12 Special District. Said codification also is to act as a
13 reviser's bill, deleting provisions that have expired, have
14 had their effect, have served their purpose, or have been
15 impliedly repealed or superseded; replacing incorrect
16 cross-references and citations; correcting grammatical,
17 typographical, and like errors; removing inconsistencies,
18 redundancies, and unnecessary repetition; and improving
19 clarity and facilitating correct interpretation. It is also
20 the intent of the Legislature to conform the special act to
21 the extent possible with the requirements of chapter 189,
22 Florida Statutes, relating to special districts; chapter 197,
23 Florida Statutes, relating to non-ad valorem assessments; and
24 subsection (3) of section 768.1355, Florida Statutes, relating
25 to civil liability, and to the actual business practices of
26 the district in instances when those practices have not
27 previously been enumerated as a power or duty of the district.
28 Section 2. (1) The area described in section 3 is an
29 independent special district approved by referendum on
30 September 7, 1982; is to be called the Twelve Oaks Special
31
3
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Florida Senate - 1999 (NP) SB 2584
13-133-99 See HB
1 District; is located in Hillsborough County, Florida; and has
2 the powers and duties set forth in this act.
3 (2) Each improved residential parcel is declared to be
4 uniformly and generally benefited by the provisions of this
5 act and shall be assessed equally a non-ad valorem assessment
6 provided for in this act.
7 (3) Use of the facilities and property of the district
8 is limited to residents and nonresident property owners within
9 the district and their family members and guests and such
10 other persons and groups as the board authorizes.
11 Section 3. Included in the district are:
12 (1) Town' N Country Park, Section Nine (9)
13
14 UNIT NO. PLAT BOOK PAGE NO.
15 1 44 41
16 2 44 62
17 3 44 63
18 4 44 43
19 5 44 78
20 6 44 86
21 6-A 46 77
22 7 44 88
23 8 44 89
24 9 45 29
25 10 45 30
26 11 46 5
27 11-A 46 86
28 12 46 28
29 13 46 90
30 13-A 46 91
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4
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Florida Senate - 1999 (NP) SB 2584
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1 (2) Twelve Oaks Village
2
3 UNIT NO. PLAT BOOK PAGE NO.
4 1 47 49
5 2 47 40
6 3 48 13
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8 (3) Any other real property acquired by the district,
9 including any structure on such property at the time of
10 acquisition or constructed subsequent thereto.
11 Section 4. As used in this act, the term:
12 (1) "Board" means the governing body of the district.
13 (2) "County" means Hillsborough County, Florida.
14 (3) "District" means the Twelve Oaks Special District.
15 (4) "Improved residential parcel" means a platted lot
16 or lots on which a single-family home has been erected by
17 January 1 of the taxable year.
18 (5) "Levy" means the imposition of a non-ad valorem
19 assessment, stated in terms of rates, against all improved
20 residential parcels authorized by this act.
21 (6) "Non-ad valorem assessment" means an assessment
22 that is not based upon millage and that may become a lien
23 against a homestead as permitted in section 4, Article X of
24 the State Constitution.
25 (7) "Non-ad valorem assessment roll" means the roll
26 prepared by the district and certified to the tax collector
27 for collection.
28 (8) "Resolution" means a formal, written expression,
29 such as a copy of the minutes, of an action adopted by vote of
30 the trustees.
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Florida Senate - 1999 (NP) SB 2584
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1 (9) "Reserve funds" means those moneys held by the
2 district for the repayment of any debt and other obligations
3 created pursuant to subsections (15), (16), and (17) of
4 section 7 and for known or planned future expenditures that
5 have been adopted by resolution and which funds may be carried
6 forward from one fiscal year to the next.
7 (10) "Revenues of the district" means moneys acquired
8 through non-ad valorem assessment, fees derived from the use
9 of facilities, and interest income thereon.
10 (11) "Special district tax" means a non-ad valorem
11 assessment against each improved residential parcel of the
12 district to be expended as provided by this act.
13 (12) "Supervisor" means the supervisor of elections of
14 the county.
15 (13) "Surplus funds" means revenues of the district
16 less the reserve funds and which funds may be carried forward
17 from one fiscal year to the next.
18 (14) "Trustee" means a member of the governing body of
19 the district.
20 Section 5. The business of the district shall be
21 conducted by a board of nine trustees, elected in nonpartisan
22 elections, or appointed as provided by this act, each of whom
23 shall serve for a term of 2 years and may subsequently be
24 reelected.
25 (1) To serve on the board as a trustee, a person must
26 be a qualified elector residing within the district. To
27 qualify to have his or her name placed on the ballot, a person
28 shall submit the qualifying fee required in section
29 189.405(2)(c), Florida Statutes, or shall present a written
30 petition signed by not fewer than fifteen qualified electors
31 within the district to the supervisor during the time period
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Florida Senate - 1999 (NP) SB 2584
13-133-99 See HB
1 specified by section 99.061(2), Florida Statutes. Any
2 candidate who collects or expends campaign contributions shall
3 do so in accordance with chapter 106, Florida Statutes, but is
4 exempt from those requirements if, at the time of qualifying,
5 that candidate declares in writing to the supervisor that he
6 or she will not collect or expend any campaign contributions
7 except for the expenditure of funds for the payment of the
8 qualifying fee or the cost of verification of signatures on
9 petitions.
10 (2) The board shall provide each residence in the
11 district with written notification of the names of the
12 candidates for trustees not less than 15 days before the date
13 of the election for which the candidates have qualified. The
14 board shall also publish notice of the names of the candidates
15 once at least 10 days prior to the election in a newspaper of
16 general circulation in the county.
17 (3)(a) Beginning in November 2000, biennial elections
18 shall be conducted by the supervisor during the general
19 election specified in section 100.031, Florida Statutes, and
20 in accordance with the Florida Election Code, except as
21 otherwise provided in this act. It is further provided that,
22 in order to provide for an orderly transition to biennial
23 elections, each of the five trustees elected in 1997 or
24 subsequently appointed to fill any remaining term of any of
25 those five positions shall continue in office until elections
26 are held in the year 2000 and the term of office for all nine
27 trustees shall commence in January 2001 in accordance with
28 this act. The candidates receiving the highest number of votes
29 cast shall be declared elected to fill the number of vacancies
30 to be filled on the board and shall receive a certificate of
31 election from the supervisor.
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Florida Senate - 1999 (NP) SB 2584
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1 (b) All qualified electors residing within the
2 district are eligible to vote in district elections providing
3 such electors have registered to vote prior to the closing of
4 the registration records for such election. All election
5 ballots shall be prepared by the supervisor, and the ballot
6 language shall be substantially in the following form:
7 Board of Trustees of Twelve Oaks Special District
8 (state their names)
9 (c) The supervisor shall canvass the returns of the
10 election and announce the results upon completion. In case two
11 persons receive an equal and highest number of votes for the
12 last position to be filled, such persons shall draw lots,
13 under the supervision of the supervisor, to determine who
14 shall be elected to the office.
15 (d) The cost of conducting trustee elections and any
16 referendum as further provided in this act, including
17 compensation for any additional persons employed by the
18 supervisor in excess of those costs already required by any
19 other election being held on the same date, shall be fixed by
20 the supervisor with the approval of the board and shall be
21 paid by the board on behalf of the district.
22 Section 6. The business of the district shall be
23 conducted in the following manner:
24 (1) Each trustee shall take office in accordance with
25 section 100.041(4), Florida Statutes, and shall serve until
26 his or her successor is elected or appointed as provided by
27 this act.
28 (2) The fiscal year of the district shall begin
29 October 1. Six trustees constitute a quorum, and the board may
30 not conduct official business without a quorum present. A
31 majority of the members present is required for the passage of
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1 any resolution coming under consideration by the board and for
2 taking a binding vote on any issue. If at any time the number
3 of trustees drops below six, the Governor shall immediately
4 appoint the number of trustees from among the qualified
5 electors of the district necessary to attain a quorum, and
6 each such appointee shall serve until his or her successor is
7 elected or appointed as provided by this act. The board shall
8 conduct its business as a public body and is subject to all
9 laws of the state relating to open government, financial
10 disclosure, avoidance of conflicts of interest, and ethics.
11 (3) A trustee is not entitled to compensation for
12 services rendered on behalf of the district, but is entitled
13 to be reimbursed from funds of the district for any authorized
14 disbursements properly incurred in behalf of the district. The
15 president, the vice president, and the treasurer are
16 authorized to execute checks and documents on behalf of the
17 district, and any disbursement of funds, except those expended
18 from the petty cash fund, must be by check or draft signed by
19 any two of the three officers so authorized. Any trustee
20 authorized to sign checks of the district or otherwise
21 designated to handle its funds shall, before entering upon
22 such duties, execute to the Governor for the benefit of the
23 district a good and sufficient bond in the sum of $5,000 with
24 a qualified corporate surety conditioned to faithfully perform
25 the duties of a trustee and to account for any district funds
26 to which he or she may have access.
27 (4) In accordance with section 768.1355(3), Florida
28 Statutes, members of the governing board of the district shall
29 incur no civil liability and shall have immunity from suit as
30 provided in section 768.28, Florida Statutes, for acts or
31
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Florida Senate - 1999 (NP) SB 2584
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1 omissions relating to conduct of the official duties of the
2 board.
3 Section 7. The board has the power to:
4 (1) Hold an organizational session annually to elect
5 from its membership a president, a vice president, a recording
6 secretary, a corresponding secretary, and a treasurer, each of
7 whom shall be elected for a 1-year term and may be
8 subsequently reelected, and to establish a regular monthly
9 meeting date, time, and place that shall be advertised in a
10 newspaper of general circulation in the county as soon
11 thereafter as practicable.
12 (2) Keep a record of each of its meetings and conduct
13 its business as a public body.
14 (3) Fill for the unexpired term from among the
15 qualified electors of the district any vacancy that may occur
16 on the board by vote of the remaining trustees, including any
17 that may remain after the Governor, pursuant to subsection (2)
18 of section 6, or the trustees have made an appointment or
19 appointments as provided in paragraph (a).
20 (a) In December of each year in which a district
21 trustee election is held and in the event that fewer than six
22 trustees have run for and been elected during that year's
23 election cycle appoint an additional trustee or trustees from
24 among the qualified electors of the district necessary to
25 attain a quorum when trustees take office in January, each of
26 whom shall serve for the same term as if elected.
27 (4) By resolution, designate a depository that is
28 qualified as a public depository pursuant to section 280.04,
29 Florida Statutes, and thereafter establish an account to which
30 the special district tax revenues collected are to be
31 deposited by the tax collector and from which expenditures and
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Florida Senate - 1999 (NP) SB 2584
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1 transfers to and from reserve and surplus fund accounts may be
2 made.
3 (5) By November 30 of each year, prepare an annual
4 financial statement of revenues and expenditures during the
5 prior fiscal year.
6 (6)(a) By July 1 of each year, prepare and adopt an
7 itemized budget, including projected revenues and expenditures
8 for the next fiscal year, which reflects the district tax to
9 be assessed and collected upon the taxable property of the
10 district for the next year.
11 (b) Hold a public hearing at which time property
12 owners and residents within the district may appear and be
13 heard before the adoption of the budget, and publish notice of
14 the time and place of the public hearing once in a newspaper
15 of general circulation within the county not less than 21 days
16 before the public hearing.
17 (c) Fix by August 1, annually, the special district
18 tax to be assessed annually.
19 (7) Pay from district funds the premium for a surety
20 bond for specified trustees and any expense incurred on behalf
21 of the district by a trustee as provided by this act.
22 (8) Pay from district funds any costs associated with
23 the holding of any election or referendum as provided by this
24 act.
25 (9) Adequately insure the facilities, properties, and
26 operations of the district as well as the trustees of the
27 district, jointly and severally, in the performance of their
28 duties if the board finds such insurance to be necessary.
29 (10) Transact the business of the district including
30 expending funds from the depository designated in subsection
31 (4) and any reserve and surplus fund accounts.
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1 (11) Adopt bylaws to carry out the provisions of the
2 act and reasonable regulations for the use of the facilities
3 of the district.
4 (12) Levy a non-ad valorem assessment, known as a
5 "special district tax," against each improved residential
6 parcel within the district for the purpose of funding the
7 needs of the district as provided in this act.
8 (13) Receive gifts of real or personal property.
9 (14) Enter into contracts and agreements, including
10 contracts and agreements for professional services such as
11 legal, accounting, law enforcement, and security services.
12 (15) Incur debt and other obligations on behalf of the
13 district, including issuing bonds, refunding bonds, notes, and
14 other evidence of indebtedness of the district for the purpose
15 of obtaining funds for the operation of the district, and for
16 the purchase of land, buildings, and other improvements;
17 however, the aggregate amount of all obligations of the
18 district payable in any fiscal year shall not exceed the
19 aggregate amount of all revenue received by the district from
20 all sources during such fiscal year. Such obligations must be
21 authorized by resolution and may contain such terms,
22 covenants, and conditions, and may be in such form, either
23 coupon or registered, as such resolution or subsequent
24 resolution may provide. Bonds may be issued to finance, in
25 whole or in part, the cost of construction, acquisition, or
26 improvement of real and personal property of the district. The
27 board, in determining such costs, may include all costs and
28 estimated costs of the issuance of said bonds; all
29 engineering, inspection, fiscal, and legal expenses; all costs
30 of preliminary surveys, plans, maps, and specifications;
31 initial reserve funds for debt service; the costs of the
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1 services of persons, firms, corporations, partnerships, or
2 associations employed, or consultants, advisors, engineers, or
3 fiscal, financial, or other experts in the planning,
4 preparation, and financing of the district, or any asset
5 thereof, upon such terms and conditions as the board finds
6 appropriate. The bonds may be sold all at one time or in
7 blocks, from time to time, at public or private sale, or if
8 refunding bonds, may also be delivered and exchanged for the
9 outstanding obligations to be refunded thereby in such manner
10 as the trustees find appropriate by resolution. Pending the
11 preparation of the definitive bonds, interim certificates or
12 receipts, or temporary bonds in such form and with such
13 provisions as the trustees may determine may be issued to the
14 purchaser or purchasers of the bonds sold pursuant to this
15 act. The bonds, and such interim certificates or receipts or
16 temporary bonds, shall be fully negotiable.
17 (16) Secure bonds, notes, or other certificates of
18 indebtedness issued by the district by pledging to the
19 punctual payment of such obligations its non-ad valorem
20 assessment revenues, by mortgaging property owned by the
21 district, and by pledging an amount of the revenue derived
22 from fees charged for the use of the facilities and services
23 of the district and the reserve funds, if applicable.
24 (17) Deliver purchase money notes and mortgages.
25 (18) Install and maintain facilities and lighting
26 within and adjoining the district and acquire and dispose of
27 other facilities for the general purpose of the district.
28 (19) Construct and improve real and personal property
29 of the district.
30 (20) Purchase and lease as lessor or lessee real and
31 personal property on behalf of the district and pay for same
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1 with cash or, in the case of purchase, by the issuance of
2 bonds or revenue certificates.
3 (21) Sell the real and personal property of the
4 district.
5 (22) Operate, supervise, and maintain recreational
6 facilities or enter into arrangements with others for such
7 operation and maintenance pursuant to contract, lease, or
8 other agreement.
9 (23) Establish, charge, and collect reasonable fees
10 for admission to or use of facilities, provided that the use
11 of the facilities is extended to residents and nonresident
12 owners within the district and their family members and guests
13 and such other persons and groups as the board authorizes, and
14 apply such fees to the operation, maintenance, improvement, or
15 acquisition of other facilities and to the payment of bonds,
16 notes, and revenue certificates of the district.
17 (24) Employ personnel necessary for the operation and
18 maintenance of the facilities of the district and expend
19 district funds for a surety bond for each employee authorized
20 to handle funds on behalf of the district.
21 (25) Expend funds to maintain property not necessarily
22 owned by the district.
23 (26) Remove for cause any trustee who fails to
24 discharge the duties of the position after due notice and an
25 opportunity to be heard upon charges of malfeasance or
26 misfeasance.
27 (27) Remove for absenteeism any trustee who is absent
28 from three consecutive meetings, after due notice and an
29 opportunity to be heard upon charges of absenteeism.
30 (28) Sue and be sued except as otherwise provided by
31 this act.
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1 (29) Transfer funds among line items of the budget,
2 after its adoption, to a maximum of 20 percent each fiscal
3 year to meet unforeseen contingencies.
4 (30) Establish in its bylaws provisions for creating a
5 petty cash fund and expending moneys from that fund.
6 (31) Create and maintain reasonable reserve funds for
7 the repayment of debt and debt service incurred by the board
8 in behalf of the district and for known or planned future
9 expenditures that have been adopted by resolution of the
10 board, that funds may be carried forward from one fiscal year
11 to the next.
12 (32) By resolution invest any surplus and reserve
13 funds of the district in accordance with general law relating
14 to financial matters pertaining to political subdivisions and
15 with section 215.44(1), Florida Statutes.
16 (33) Establish in its bylaws provisions for calling
17 any other meetings, which provisions shall include the
18 requirement of proper public notice.
19 (34) Direct the supervisor by resolution to place on
20 the ballot a referendum to change the maximum annual
21 assessment from the amount of $300, which is the amount
22 approved by referendum and in effect at the time this act
23 becomes law.
24 (35) Direct the supervisor by resolution to place on
25 the ballot a referendum during any regularly scheduled
26 election, or at the time of any special election being
27 conducted for other purposes within the district, for any
28 purpose necessary to conducting the business of the district.
29 (36) Except as otherwise provided by this act, perform
30 other duties, when applicable, required by chapter 189,
31 Florida Statutes, relating to special districts and for the
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1 levy, collection, and enforcement of the non-ad valorem
2 assessment pursuant to chapter 197, Florida Statutes, and this
3 act.
4 (37) Perform other functions necessary to the carrying
5 out of the provisions of this act.
6 Section 8. The tax collector shall include on the
7 combined notice for ad valorem and non-ad valorem assessments
8 as provided by section 197.3635, Florida Statutes, the non-ad
9 valorem assessment established by the board, and the
10 assessment shall be collected in the manner and form provided
11 for collection of non-ad valorem assessments by chapter 197,
12 Florida Statutes, subject to the conditions of section
13 197.3632, Florida Statutes. After deducting the fees provided
14 for in section 197.3632, Florida Statutes, the tax collector
15 shall deposit the remaining funds into the depository
16 designated by the board.
17 Section 9. The non-ad valorem assessment is a valid
18 lien upon each improved residential parcel of land until it
19 has been paid or is barred by chapter 95, Florida Statutes,
20 and is considered a part of the non-ad valorem assessment for
21 Hillsborough County, subject to the same penalties, charges,
22 fees, and remedies for enforcement and collection as provided
23 by chapter 197, Florida Statutes, for the collection of such
24 non-ad valorem assessments.
25 Section 10. The district may be dissolved in
26 accordance with the provisions of section 189.4042, Florida
27 Statutes.
28 Section 11. If any clause, section, or provision of
29 this act is declared to be unconstitutional or invalid for any
30 cause or reason, it shall be eliminated from this act, and the
31 remaining portion of the act shall be in force and effect and
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1 be as valid as if such invalid portion thereof had not been
2 incorporated therein.
3 Section 12. The provisions of this act shall be
4 liberally construed in order to effectively carry out the
5 purpose of this act in the interest of the public.
6 Section 13. Chapters 82-305 and 84-438, Laws of
7 Florida, are repealed; however, the repeal does not affect the
8 prosecution of any cause of action that has accrued before the
9 effective date of the repeal and does not affect bylaws,
10 rules, actions, decisions, contracts, agreements, obligations,
11 and properties of the district existing before the effective
12 date of the repeal.
13 Section 14. This act shall take effect upon becoming a
14 law.
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