House Bill 1443er

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  2         An act relating to the Central County Water

  3         Control District in Hendry County, Florida;

  4         codifying and reenacting the district's

  5         charter, chapter 70-702, Laws of Florida, as

  6         amended; providing for creation of the

  7         district; providing district boundaries;

  8         providing for validation; providing for

  9         application of other laws; providing powers of

10         the district; providing for district taxes;

11         providing for levy, apportionment, and

12         collection of taxes; providing penalties for

13         unpaid delinquent taxes; providing for

14         enforcement of taxes; specifying a quorum for

15         certain meetings; prohibiting proxy voting;

16         providing for membership of a board of

17         supervisors; providing for effect of conflict

18         with other acts; providing a savings clause;

19         providing for repeal of prior special acts

20         relating to the Central County Water Control

21         District; providing an effective date.

22

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

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25         Section 1.  Pursuant to section 189.429, Florida

26  Statutes, this act constitutes the codification of all special

27  acts relating to the Central County Water Control District

28  situated in Hendry County.  It is the intent of the

29  Legislature in enacting this law to provide a single,

30  comprehensive special act charter for the district, including

31  all current legislative authority granted to the district by


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  1  its several legislative enactments and any additional

  2  authority granted by this act.  It is further the intent of

  3  this act to preserve all district authority and powers.

  4         Section 2.  Chapters 70-702, 79-470, 90-413, 94-481,

  5  and 96-531, Laws of Florida, relating to the Central County

  6  Water Control District situated in Hendry County, are

  7  codified, reenacted, amended, and repealed as herein provided.

  8         Section 3.  The Central County Water Control District

  9  is re-created as an independent special water control district

10  and the charter for such district is re-created and reenacted

11  to read:

12         Section 1.  District created; boundaries; validation.--

13         (a)  For the purpose of reclamation, drainage,

14  irrigation, water control, and development of lands

15  hereinafter described and to protect said lands from the

16  effects of water by means of the construction and maintenance

17  of canals, ditches, levees, dikes, pumping plants, and other

18  drainage, irrigation, and water control works and

19  improvements, and to make the lands within said district

20  available and habitable for settlement and agriculture, and

21  for the public convenience, welfare, utility and benefit, and

22  for the other purposes stated in this act a drainage district

23  is hereby created and established in Hendry County to be known

24  as the Central County Water Control District, the territorial

25  boundaries of which shall be as follows:

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27         Sections 13, 14, 15, the West 1/2 of Section

28         18, Sections 22, 23, 24, 25, 26 and 27, the

29         North 1/2 of Section 34 except the SE 1/4 of

30         the NE 1/4 of said Section 34 and all of

31         Sections 35 and 36 in Township 44 South, Range


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  1         32 East; and all of Sections 19, 29, 30, 31,

  2         32, Township 44 South, Range 33 East in Hendry

  3         County, Florida.

  4         (b)  It is hereby determined, declared, and enacted

  5  that said lands in their present condition are wet and subject

  6  to overflow, and at times subject to drought, and that the

  7  drainage, irrigation, water control, reclamation, and

  8  protection of said lands from the effects of water, and

  9  thereby the making of said lands available for agricultural

10  and settlement purposes by drainage, irrigation, water

11  control, reclamation, and improvement, and the creation of

12  said district with the powers vested in it by this act, are in

13  the interest of and conducive to public welfare, health, and

14  convenience.

15         (c)  The proceedings had in the circuit court of Hendry

16  County in the cause styled "In re: Central County Drainage

17  District," being Case No. 68-14, wherein a judgment was

18  entered on February 6, 1968, creating Central County Drainage

19  District under the provisions of chapter 298, Florida

20  Statutes, known as the general drainage law, and a judgment

21  extending the boundaries of said district which was entered on

22  April 10, 1970, are hereby validated, ratified, approved, and

23  confirmed.

24         Section 2.  Provisions of other laws made

25  applicable.--The Central County Water Control District hereby

26  created shall be a public corporation of this state. The

27  provisions of the general drainage laws of Florida applicable

28  to drainage districts or sub-drainage districts which are

29  embodied in chapter 298, Florida Statutes, and all of the laws

30  amendatory thereof, now existing or hereafter enacted, so far

31  as not inconsistent with this act, are hereby declared to be


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  1  applicable to the Central County Water Control District. The

  2  Central County Water Control District shall have all of the

  3  powers and authorities mentioned in or conferred by chapter

  4  298, Florida Statutes, and acts amendatory thereof, except as

  5  herein otherwise provided.

  6         Section 3.  Powers of the district.--The district shall

  7  have the power to sue and be sued by its name in any court of

  8  law or in equity; to make contracts; to adopt and use a

  9  corporate seal and to alter the same at pleasure; to acquire

10  by purchase, gift, or condemnation real and personal property,

11  either or both, as may be necessary or convenient to carry out

12  the purposes of this act, and chapter 298, Florida Statutes;

13  to construct, operate, and maintain canals, ditches, drains,

14  levees, and other works for drainage purposes; to acquire,

15  purchase, operate, and maintain pumps, plants, and pumping

16  systems for drainage purposes; to construct, operate, and

17  maintain irrigation works, machinery, and plants; to

18  construct, improve, pave, and maintain roadways and roads

19  necessary and convenient for the exercise of the powers or

20  duties or any of the powers or duties of said district or the

21  supervisors thereof; and in furtherance of the purposes and

22  intent of this act and chapter 298, Florida Statutes, to

23  construct, improve, pave, and maintain streets, roadways, and

24  roads necessary and convenient to provide access to and

25  efficient development of areas made suitable and available for

26  cultivation, settlement, urban and suburban, and other

27  beneficial use and development as a result of the drainage,

28  irrigation, and reclamation operations of the district; to

29  construct, acquire by donation, or purchase recreational

30  facilities and areas, including related facilities, and to

31  construct, operate, and maintain such recreation and related


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  1  facilities for the benefit of district residents.  The powers

  2  and duties of said district shall be exercised by and through

  3  the board of supervisors thereof, which board shall have the

  4  authority to employ engineers, attorneys, agents, employees,

  5  and representatives as the board of supervisors may from time

  6  to time determine, and to fix their compensation and duties.

  7  Provided, however, that in addition thereto, the district

  8  shall have all of the powers provided for in chapter 298,

  9  Florida Statutes.

10         Section 4.  Taxes; levy; apportionment; collection.--

11         (1)  Installment taxes.

12         (a)  Taxes shall be levied and apportioned as provided

13  for in the general drainage laws of Florida (chapter 298,

14  Florida Statutes, and amendments thereto), except that the

15  provisions of section 298.41, Florida Statutes, and amendments

16  thereto, shall not be applicable to the district. In lieu

17  thereof the following provision shall apply to the district.

18         (b)  The board of supervisors shall determine, order,

19  and levy the amount of the annual installments of the total

20  taxes levied under section 298.36, Florida Statutes, which

21  said annual installment and levy shall be evidenced to and

22  certified by the board not later than July 1 of each year to

23  the tax assessor of Hendry County. Said tax shall be extended

24  by the county tax assessor on the county tax roll and shall be

25  collected by the tax collector in the same manner and time as

26  county taxes, and the proceeds thereof paid to the district.

27         (2)  Maintenance tax.

28         (a)  The provisions of section 298.54, Florida

29  Statutes, and amendments thereto, shall not be applicable to

30  the district. In lieu thereof, the following provision shall

31  apply to the district.


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  1         (b)  To maintain and preserve the improvements made

  2  pursuant to this act and to repair and restore the same, when

  3  needed, and for the purpose of defraying the current expenses

  4  of the district, the board of supervisors may, upon the

  5  completion of said improvements, in whole or in part as may be

  6  certified to the board by the chief engineer, levy annually a

  7  tax upon each tract or parcel of land within the district, to

  8  be known as a "maintenance tax." Said maintenance tax shall be

  9  apportioned upon the basis of the net assessments of benefits

10  assessed as accruing for original construction, and shall be

11  evidenced to and certified by the board not later than July 1

12  of each year to the tax assessor of Hendry County, and shall

13  be extended by the county tax assessor on the county tax roll

14  and shall be collected by the tax collector in the same manner

15  and time as county taxes and the proceeds therefrom paid to

16  said district.

17         (3)  Taxes and costs a lien on land against which taxes

18  assessed.  All taxes provided for in this act together with

19  all penalties for default in payment of the same and all costs

20  in collecting the same shall, from the date of assessment

21  thereof until paid, constitute a lien of equal dignity with

22  the liens for county taxes, and other taxes of equal dignity

23  with county taxes, upon all the lands against which such taxes

24  shall be levied as is provided in this act.

25         (4)  Compensation of tax assessor, tax collector, and

26  clerk of the circuit court. The tax assessor, tax collector,

27  and clerk of the circuit court of Hendry County shall be

28  entitled to compensation for services performed in connection

29  with taxes of said district the same as now provided by law

30  for special drainage districts.

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  1         (5)  Levies of taxes on land less than one (1) acre. In

  2  levying and assessing all taxes, each tract or parcel of land

  3  less than one (1) acre in area shall be assessed as a full

  4  acre, and each tract or parcel of land more than one (1) acre

  5  in area which contains a fraction of an acre shall be assessed

  6  at the nearest whole number of acres. A fraction of one-half

  7  (1/2) or more to be assessed as a full acre.

  8         Section 5.  When unpaid taxes delinquent; penalty.--All

  9  taxes provided for in this act shall be and become delinquent

10  and bear penalties on the amount of said taxes in the same

11  manner as county taxes.

12         Section 6.  Enforcement of taxes.--The collection and

13  enforcement of all taxes levied by said district shall be at

14  the same time and in like manner as county taxes, and the

15  provisions of the Florida Statutes relating to the sale of

16  lands for unpaid and delinquent county taxes, the issuance,

17  sale, and delivery of tax certificates for such unpaid and

18  delinquent county taxes, the redemption thereof, the issuance

19  to individuals of tax deeds based thereon, and all other

20  procedures in connection therewith, shall be applicable to

21  said district and the delinquent and unpaid taxes of said

22  district to the same extent as if said statutory provisions

23  were expressly set forth in this act. All taxes shall be

24  subject to the same discounts as county taxes.

25         Section 7.  Quorum for landowners' meetings.--At any

26  landowners' meeting, the owners of land in the district

27  present in person or otherwise properly voting shall

28  constitute a quorum.

29         Section 8.  Proxy voting eliminated.--Proxy voting is

30  prohibited in elections of the district board of supervisors.

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  1         Section 9.  Board of supervisors membership.--The

  2  number of members of the district board of supervisors shall

  3  be five.  At each annual meeting of the district, two

  4  supervisors will be elected for 3-year terms, except that in

  5  elections held at the annual meetings in 2000 and every third

  6  year thereafter one supervisor will be elected for a 3-year

  7  term.

  8         Section 10.  Effect of conflict with other acts.--In

  9  the event of a conflict between the provisions of this act and

10  the provisions of any other act, the provisions of this act

11  shall control to the extent of such conflict.

12         Section 4.  All claims, liens, actions, rights of

13  actions, and other interests existing and valid on the

14  effective date of this act under the provisions of chapters

15  70-702, as amended, 79-470, 90-413, 94-481, and 96-531, Laws

16  of Florida, shall survive the reenactment and repeal of the

17  several chapters hereby and shall remain in full force and

18  effect and be continued unabated by the recodification of the

19  several acts herein.

20         Section 5.  Chapters 70-702, 79-470, 90-413, 94-481,

21  and 96-531, Laws of Florida, are repealed.

22         Section 6.  This act shall take effect upon becoming a

23  law.

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