House Bill 0803er

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    1999 Legislature                       HB 803, First Engrossed



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  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         special acts relating to District's charter;

10         providing for applicability of chapters 298 and

11         189, Florida Statutes, and other general laws;

12         providing a district charter; repealing

13         chapter 65-664, Laws of Florida, chapter

14         80-472, Laws of Florida, chapter 85-395, Laws

15         of Florida, and s. 1(1)(b) of chapter 91-361,

16         Laws of Florida, relating to the East Charlotte

17         Drainage District; providing an effective date.

18

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

20

21         Section 1.    Pursuant to chapter 97-255, Laws of

22  Florida, this act constitutes the codification of all special

23  acts relating to the East Charlotte Drainage District. It is

24  the intent of the Legislature in enacting this law to provide

25  a single, comprehensive special act charter for the district,

26  including all current legislative authority granted to the

27  district by its several legislative enactments and any

28  additional authority granted by this act.

29         Section 2.    Chapter 65-664, Laws of Florida, chapter

30  80-472, Laws of Florida, chapter 85-395, Laws of Florida, and

31  paragraph (b) of subsection (1) of section 1 of chapter


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    1999 Legislature                       HB 803, First Engrossed



  1  91-361, Laws of Florida, relating to the East Charlotte

  2  Drainage District, are codified, reenacted, amended, and

  3  repealed as herein provided.

  4         Section 3.    District formation ratified, restated,

  5  and approved.--The decree of the circuit court in and for the

  6  Twelfth Judicial Circuit, Charlotte County,Florida, entered in

  7  Chancery No. 4694 with respect to TROPICAL RIVER GROVES WATER

  8  CONTROL DISTRICT, a public corporation of this state,

  9  subsequent decrees of the Circuit Court in and for the Twelfth

10  Judicial Circuit, Charlotte County, Florida, entered in

11  Chancery No. 4694 changing the name of said district to EAST

12  CHARLOTTE DRAINAGE DISTRICT, and all subsequent proceedings

13  taken in said circuit court concerning said district including

14  the provisions setting the boundaries of said drainage

15  district are ratified, confirmed, and approved.

16         Section 4.    The East Charlotte Drainage District, an

17  independent special district, is organized and exists for all

18  purposes set forth in this act and Chapter 298, Florida

19  Statutes, as may be amended from time to time.

20         Section 5.    Provisions of chapter 298, Florida

21  Statutes, made applicable.--The East Charlotte Drainage

22  District, a public corporation of this state, createdunder

23  chapter 298, Florida Statutes, shall be governed by provisions

24  of the water control laws of Florida applicable to such water

25  control districts which are embodied in chapter 298, Florida

26  Statutes, and all of the laws amendatory thereof, now existing

27  or hereafter enacted, so far as not inconsistent with this act

28  or any subsequent special acts relating to the East Charlotte

29  Drainage District. However, the provisions of s. 298.11,

30  Florida Statutes, requiring that members of the board of

31  supervisors be residents of Charlotte County, shall not be


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  1  applicable to said district. The members of the board of

  2  supervisors shall reside within the State of Florida.

  3         Section 6.    Boundaries of the district.--The

  4  territorial boundaries of the district shall be as stated in

  5  the various orders and decrees of the circuit court of the

  6  Twelfth Judicial Circuit in and for Charlotte County, entered

  7  in Chancery No. 4694 and shall include all of the following

  8  described property all located in Township 40 South, Range 26

  9  East, in Charlotte County, Florida:

10         In Section 14:  The West one-half of Section 14

11         and the West one-half of the Northeast

12         one-quarter.

13         Section 15:  The Southeast one-quarter of the

14         Northeast one-quarter.

15         Section 21:  The South one-half.

16         All of Sections 16 and 22.

17         Section 23:  The Northwest one-quarter of the

18         Southwest one-quarter.

19         All of sections 27 and 34, together with all

20         easements and rights-of-way heretofore acquired

21         by East Charlotte Drainage District.

22

23         All are ratified, confirmed and approved.

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25         The boundaries are legally described as

26         follows:

27

28         Commencing at the Southeast corner of Section

29         34 run north on the east lines of Section 34,

30         Section 27 and Section 22, to a point on the

31         east line of Section 22, comprising the


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  1         Southwest corner of the Northwest one-quarter

  2         of the Southwest one-quarter of Section 23,

  3         thence run east along the south line of the

  4         Northwest one-quarter of the Southwest

  5         one-quarter of Section 23 to the southeast

  6         corner of the Northwest one-quarter of the

  7         Southwest one-quarter of said section, thence

  8         run north on the east line of the Northwest

  9         one-quarter of the Southwest one-quarter of

10         Section 23 to the northeast corner of the

11         Northwest one-quarter of the Southwest

12         one-quarter of Section 23, thence run west on

13         the north line of the Northwest one-quarter of

14         the Southwest one-quarter of Section 23 to the

15         east line of Section 22, thence run north to

16         the Northeast corner of Section 22 and the

17         Southwest corner of Section 14, thence run east

18         on the south line of Section 14 to the

19         Southeast corner of the Southwest one-quarter

20         of Section 14, thence run north on the east

21         line of the Southwest one-quarter of Section 14

22         to the northeast corner of the Southwest

23         one-quarter of Section 14, thence run east on

24         the south line of the west one-half of the

25         Northeast one-quarter of Section 14 to the

26         Southeast corner of the West one-half of the

27         Northeast one-quarter of Section 14, thence run

28         north on the east line of the West one-half of

29         the Northeast one-quarter of Section 14 to the

30         northeast corner of the West one-half of the

31         Northeast one-quarter of Section 14, thence run


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  1         west on the north line of Section 14 to the

  2         Northwest corner of Section 14, thence run

  3         south on the west line of Section 14 to the

  4         Northeast corner of the Southeast one-quarter

  5         of the Northeast one-quarter of Section 15,

  6         thence run west on the north line of the

  7         Southeast one-quarter of the Northeast

  8         one-quarter of Section 15 to the northwest

  9         corner of the Southeast one-quarter of the

10         Northeast one-quarter of Section 15, thence run

11         south along the west line of the Southeast

12         one-quarter of the Northeast one-quarter of

13         Section 15 to the southwest corner of the

14         southeast one-quarter of the northeast

15         one-quarter of Section 15, thence run easterly

16         on the south line of the northeast one-quarter

17         of Section 15 to the west line of Section 14,

18         thence run south along the west line of Section

19         14 to the northeast corner of Section 22,

20         thence run west along the north line of Section

21         22 to the Southeast corner of Section 16,

22         thence run north on the east line of Section 16

23         to the Northeast corner of Section 16, thence

24         run west on the north line of Section 16 to the

25         Northwest corner of section 16, thence run

26         south on the west line of Section 16 to the

27         Southwest corner of Section 16, thence run east

28         on the south line of Section 16 to the

29         Southeast corner of Section 16, thence run

30         south on the west line of Section 22 and the

31         east line of Section 21 to the Northeast corner


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  1         of the South one-half of Section 21, thence run

  2         west on the north line of the South one-half of

  3         Section 21 to the Northwest corner of the South

  4         one-half of Section 21, thence run south on the

  5         west line of Section 21 to the Southwest corner

  6         of Section 21, thence run east on the south

  7         line of Section 21 to the Southeast corner of

  8         Section 21 and the Southwest corner of Section

  9         22, thence run south on the west line of

10         Section 27 and Section 34 to the Southwest

11         corner of Section 34, thence run east on the

12         south line of Section 34 to the point of

13         beginning.

14         Section 7.    Revenue Raising Powers and Duties.--The

15  powers, functions, and duties of the district regarding ad

16  valorem taxation, bond issuance, other revenue-raising

17  capabilities, budget preparation and approval, liens and

18  foreclosure of liens, use of tax deeds and tax certificates as

19  appropriate for non-ad valorem assessments, and contractual

20  agreements shall be as set forth in chapters 170, 189, 197,

21  and 298, Florida Statutes, or any other applicable general or

22  special law, as they may be amended from time to time.

23         Section 8.    Charter Amendments.--The district's

24  charter may be amended only by special act of the Legislature.

25         Section 9.    Governing Body.--In accordance with

26  chapter 189, Florida Statutes, this act, and section 298.11,

27  Florida Statutes, the district is governed by a three-member

28  board, elected on a one-acre, one-vote basis by the landowners

29  in the district. The membership and organization of the board

30  shall be as set forth in this act and chapter 298, Florida

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


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  1         Section 10.    Board Member Compensation.--The

  2  compensation of board members shall be governed by this act

  3  and chapter 298, Florida Statutes, as they may be amended from

  4  time to time.

  5         Section 11.    Duties of Governing Board.--The

  6  administrative duties of the board of supervisors shall be as

  7  set forth in this act and chapter 298, Florida Statutes, as

  8  they may be amended from time to time.

  9         Section 12.    Financial Disclosure, Noticing, and

10  Reporting Requirements.--Requirements for financial

11  disclosure, meeting notices, reporting, public records

12  maintenance, and per diem expenses for officers and employees

13  shall be as set forth in chapters 112, 189, 286, and 298,

14  Florida Statutes, as they may be amended from time to time.

15         Section 13.    Issuance of Bonds.--The procedures and

16  requirements governing the issuance of bonds, notes, and other

17  evidence of indebtedness by the district shall be as set forth

18  in chapter 298, Florida Statutes, and applicable general laws,

19  as they may be amended from time to time.

20         Section 14.    Elections.--The procedures for

21  conducting district elections and for qualification of

22  electors shall be pursuant to chapters 189 and 298, Florida

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

24         Section 15.    District Financing.--The district may be

25  financed by any method established in this act, chapter 298,

26  Florida Statutes, and applicable general laws, as they may be

27  amended from time to time.

28         Section 16.    Non-Ad valorem Assessments, Fees, and

29  Charges.--The methods for assessing and collecting non-ad

30  valorem assessments, fees, or service charges shall be as set

31  forth in chapters 170, 197, and 298, Florida Statutes, and


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  1  other applicable general laws, as they may be amended from

  2  time to time.

  3         Section 17.    Planning Requirements.--The district's

  4  planning requirements shall be as set forth in chapters 189

  5  and 298, Florida Statutes, as they may be amended from time to

  6  time.

  7         Section 18.    Severability.--In case any one or more

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

  9  of such sections or provisions to any situation,

10  circumstances, or persons shall for any reason be held to be

11  unconstitutional, such unconstitutionality shall not affect

12  any of the sections or provisions of this act or the

13  application of such sections or provisions to any other

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

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

16  provision had not been included herein for any

17  unconstitutional application.

18         Section 19.    Effect of conflict.--In the event of a

19  conflict between the provisions of this act and the provisions

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

21  the extent of such conflict.

22         Section 20.    Chapter 65-664, Laws of Florida, chapter

23  80-472, Laws of Florida, chapter 85-395, Laws of Florida, and

24  paragraph (b) of subsection (1) of section 1 of chapter

25  91-361, Laws of Florida, shall be repealed 10 days after the

26  effective date of this act.

27         Section 21.  This act shall take effect upon becoming a

28  law.

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