House Bill 0803
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 803
By Representative Harrington
1 A bill to be entitled
2 An act relating to Charlotte County; providing
3 for codification of special laws regarding
4 special districts pursuant to chapter 97-255,
5 Laws of Florida, relating to the East Charlotte
6 Drainage District, an independent special tax
7 district in Charlotte County; providing
8 legislative intent; codifying and reenacting
9 chapter 65-664, Laws of Florida, and chapter
10 85-395, Laws of Florida; providing for
11 applicability of chapters 298 and 189, Florida
12 Statutes, and other general laws; providing a
13 district charter; repealing ss. 4, 5, 6, 7, 8,
14 9, 12, and 13 of chapter 65-664, Laws of
15 Florida, chapter 80-472, Laws of Florida, and
16 s. 1(1)(b) of chapter 91-361, Laws of Florida,
17 relating to the East Charlotte Drainage
18 District; providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 1 is created to read:
23 Section 1. Pursuant to chapter 97-255, Laws of
24 Florida, this act constitutes the codification of all special
25 acts relating to the East Charlotte Drainage District. It is
26 the intent of the Legislature in enacting this law to provide
27 a single, comprehensive special act charter for the district,
28 including all current legislative authority granted to the
29 district by its several legislative enactments and any
30 additional authority granted by this act.
31 Section 2. Section 2 is created to read:
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Florida House of Representatives - 1999 HB 803
581-131-99
1 Section 2. Chapter 65-664, Laws of Florida, chapter
2 80-472, Laws of Florida, chapter 85-395, Laws of Florida, and
3 paragraph (b) of subsection (1) of section 1 of chapter
4 91-361, Laws of Florida, relating to the East Charlotte
5 Drainage District, are codified, reenacted, amended, and
6 repealed as herein provided.
7 Section 3. Section 1 of chapter 65-664, Laws of
8 Florida, is amended to read:
9 Section 3. Section 1. District formation ratified,
10 restated, and approved.--:The decree of the circuit court in
11 and for the Twelfth Judicial Circuit, Charlotte County,
12 Florida, entered in Chancery No. 4694 with respect to TROPICAL
13 RIVER GROVES WATER CONTROL DISTRICT, a public corporation of
14 this state, subsequent decrees of the Circuit Court in and for
15 the Twelfth Judicial Circuit, Charlotte County, Florida,
16 entered in Chancery No. 4694 changing the name of said
17 district to EAST CHARLOTTE DRAINAGE DISTRICT, and all
18 subsequent proceedings taken in said circuit court concerning
19 said district including the provisions setting the boundaries
20 of said drainage district are ratified, confirmed, and
21 approved.
22 Section 4. Section 2 of chapter 65-664, Laws of
23 Florida, is amended to read:
24 Section 4. Section 2. Boundaries of the district.--The
25 territorial boundaries of the district shall be as stated in
26 the various orders and decrees of the circuit court of the
27 Twelfth Judicial Circuit in and for Charlotte County, entered
28 in Chancery No. 4694 and shall include all of the following
29 described property all located in Township 40 South, Range 26
30 East, in Charlotte County, Florida:
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Florida House of Representatives - 1999 HB 803
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1 In Section 14: The West one-half of Section 14
2 and the West one-half of the Northeast
3 one-quarter.
4 Section 15: The Southeast one-quarter of the
5 Northeast one-quarter.
6 Section 21: The South one-half.
7 All of Sections 16 and 22.
8 Section 23: The Northwest one-quarter of the
9 Southwest one-quarter.
10 All of sections 27 and 34, together with all
11 easements and rights-of-way heretofore acquired
12 by East Charlotte Drainage District.
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14 All are ratified, confirmed and approved.
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16 The boundaries are legally described as
17 follows:
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19 Commencing at the Southeast corner of Section
20 34 run north on the east lines of Section 34,
21 Section 27 and Section 22, to a point on the
22 east line of Section 22, comprising the
23 Southwest corner of the Northwest one-quarter
24 of the Southwest one-quarter of Section 23,
25 thence run east along the south line of the
26 Northwest one-quarter of the Southwest
27 one-quarter of Section 23 to the southeast
28 corner of the Northwest one-quarter of the
29 Southwest one-quarter of said section, thence
30 run north on the east line of the Northwest
31 one-quarter of the Southwest one-quarter of
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Florida House of Representatives - 1999 HB 803
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1 Section 23 to the northeast corner of the
2 Northwest one-quarter of the Southwest
3 one-quarter of Section 23, thence run west on
4 the north line of the Northwest one-quarter of
5 the Southwest one-quarter of Section 23 to the
6 east line of Section 22, thence run north to
7 the Northeast corner of Section 22 and the
8 Southwest corner of Section 14, thence run east
9 on the south line of Section 14 to the
10 Southeast corner of the Southwest one-quarter
11 of Section 14, thence run north on the east
12 line of the Southwest one-quarter of Section 14
13 to the northeast corner of the Southwest
14 one-quarter of Section 14, thence run east on
15 the south line of the west one-half of the
16 Northeast one-quarter of Section 14 to the
17 Southeast corner of the West one-half of the
18 Northeast one-quarter of Section 14, thence run
19 north on the east line of the West one-half of
20 the Northeast one-quarter of Section 14 to the
21 northeast corner of the West one-half of the
22 Northeast one-quarter of Section 14, thence run
23 west on the north line of Section 14 to the
24 Northwest corner of Section 14, thence run
25 south on the west line of Section 14 to the
26 Northeast corner of the Southeast one-quarter
27 of the Northeast one-quarter of Section 15,
28 thence run west on the north line of the
29 Southeast one-quarter of the Northeast
30 one-quarter of Section 15 to the northwest
31 corner of the Southeast one-quarter of the
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Florida House of Representatives - 1999 HB 803
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1 Northeast one-quarter of Section 15, thence run
2 south along the west line of the Southeast
3 one-quarter of the Northeast one-quarter of
4 Section 15 to the southwest corner of the
5 southeast one-quarter of the northeast
6 one-quarter of Section 15, thence run easterly
7 on the south line of the northeast one-quarter
8 of Section 15 to the west line of Section 14,
9 thence run south along the west line of Section
10 14 to the northeast corner of Section 22,
11 thence run west along the north line of Section
12 22 to the Southeast corner of Section 16,
13 thence run north on the east line of Section 16
14 to the Northeast corner of Section 16, thence
15 run west on the north line of Section 16 to the
16 Northwest corner of section 16, thence run
17 south on the west line of Section 16 to the
18 Southwest corner of Section 16, thence run east
19 on the south line of Section 16 to the
20 Southeast corner of Section 16, thence run
21 south on the west line of Section 22 and the
22 east line of Section 21 to the Northeast corner
23 of the South one-half of Section 21, thence run
24 west on the north line of the South one-half of
25 Section 21 to the Northwest corner of the South
26 one-half of Section 21, thence run south on the
27 west line of Section 21 to the Southwest corner
28 of Section 21, thence run east on the south
29 line of Section 21 to the Southeast corner of
30 Section 21 and the Southwest corner of Section
31 22, thence run south on the west line of
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Florida House of Representatives - 1999 HB 803
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1 Section 27 and Section 34 to the Southwest
2 corner of Section 34, thence run east on the
3 south line of Section 34 to the point of
4 beginning.
5 Section 5. Section 3 of chapter 65-664, Laws of
6 Florida, as amended by chapter 85-395, Laws of Florida, is
7 amended to read:
8 Section 5. Section 3. Provisions of chapter 298,
9 Florida Statutes, made applicable.--The East Charlotte
10 Drainage District, a public corporation of this state, created
11 under chapter 298, Florida Statutes, shall be governed by
12 provisions of the water control general drainage laws of
13 Florida applicable to such drainage districts or sub-drainage
14 districts which are embodied in chapter 298, Florida Statutes,
15 and all of the laws amendatory thereof, now existing or
16 hereafter enacted, so far as not inconsistent with this act or
17 any subsequent special acts relating to the East Charlotte
18 Drainage District. However, the provisions of s. 298.11,
19 Florida Statutes, requiring that members of the board of
20 supervisors be residents of Charlotte County, shall not be
21 applicable to said district. The members of the board of
22 supervisors shall reside within the State of Florida.
23 Section 6. Section 6 is created to read:
24 Section 6. Minimum charter requirements.--In
25 accordance with section 189.404(3), Florida Statutes, the
26 following subsections shall constitute the charter of the East
27 Charlotte Drainage District:
28 (1) The district is organized and exists for all
29 purposes set forth in this act and chapter 298, Florida
30 Statutes, as they may be amended from time to time.
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1 (2) The powers, functions, and duties of the district
2 regarding ad valorem taxation, bond issuance, other
3 revenue-raising capabilities, budget preparation and approval,
4 liens and foreclosure of liens, use of tax deeds and tax
5 certificates as appropriate for non-ad valorem assessments,
6 and contractual agreements shall be as set forth in chapters
7 170, 189, 197, and 298, Florida Statutes, or any other
8 applicable general or special law, as they may be amended from
9 time to time.
10 (3) The district was created by judicial decree in the
11 circuit court in and for the Twelfth Judicial Circuit,
12 Charlotte County, Florida, entered in Chancery No. 4694, and
13 confirmed by special act of the Florida Legislature by chapter
14 65-664, Laws of Florida, in accordance with chapter 298,
15 Florida Statutes.
16 (4) The district's charter may be amended only by
17 special act of the Legislature.
18 (5) In accordance with chapter 189, Florida Statutes,
19 this act, and section 298.11, Florida Statutes, the district
20 is governed by a three-member board, elected on a one-acre,
21 one-vote basis by the landowners in the district. The
22 membership and organization of the board shall be as set forth
23 in this act and chapter 298, Florida Statutes, as they may be
24 amended from time to time.
25 (6) The compensation of board members shall be
26 governed by this act and chapter 298, Florida Statutes, as
27 they may be amended from time to time.
28 (7) The administrative duties of the board of
29 supervisors shall be as set forth in this act and chapter 298,
30 Florida Statutes, as they may be amended from time to time.
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Florida House of Representatives - 1999 HB 803
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1 (8) Requirements for financial disclosure, meeting
2 notices, reporting, public records maintenance, and per diem
3 expenses for officers and employees shall be as set forth in
4 chapters 112, 189, 286, and 298, Florida Statutes, as they may
5 be amended from time to time.
6 (9) The procedures and requirements governing the
7 issuance of bonds, notes, and other evidence of indebtedness
8 by the district shall be as set forth in chapter 298, Florida
9 Statutes, and applicable general laws, as they may be amended
10 from time to time.
11 (10) The procedures for conducting district elections
12 and for qualification of electors shall be pursuant to
13 chapters 189 and 298, Florida Statutes, as they may be amended
14 from time to time.
15 (11) The district may be financed by any method
16 established in this act, chapter 298, Florida Statutes, and
17 applicable general laws, as they may be amended from time to
18 time.
19 (12) The methods for assessing and collecting non-ad
20 valorem assessments, fees, or service charges shall be as set
21 forth in chapters 170, 197, and 298, Florida Statutes, and
22 other applicable general laws, as they may be amended from
23 time to time.
24 (13) The district's planning requirements shall be as
25 set forth in chapters 189 and 298, Florida Statutes, as they
26 may be amended from time to time.
27 (14) The district's geographic boundary limitations
28 shall be as set forth in section 4 of this act.
29 Section 7. Section 10 of chapter 65-664, Laws of
30 Florida, is amended to read:
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1 Section 7. Section 10. Severability.--In case any one
2 or more of the sections or provisions of this act or the
3 application of such sections or provisions to any situation,
4 circumstances, or persons shall for any reason be held to be
5 unconstitutional, such unconstitutionality shall not affect
6 any of the sections or provisions of this act or the
7 application of such sections or provisions to any other
8 situation, circumstances, or persons and it is intended that
9 this law shall be construed and applied as if such section or
10 provision had not been included herein for any
11 unconstitutional application.
12 Section 8. Section 11 of chapter 65-664, Laws of
13 Florida, is amended to read:
14 Section 8. Section 11. Effect of conflict.--In the
15 event of a conflict between the provisions of this act and the
16 provisions of any other act, the provisions of this act shall
17 control to the extent of such conflict.
18 Section 9. Section 9 is created to read:
19 Section 9. Sections 4 through 9, 12, and 13 of chapter
20 65-664, Laws of Florida, chapter 80-472, Laws of Florida, and
21 paragraph (b) of subsection (1) of section 1 of chapter
22 91-361, Laws of Florida, shall be repealed 10 days after the
23 effective date of this act.
24 Section 10. This act shall take effect upon becoming a
25 law.
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