House Bill 1707e1

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                                      HB 1707, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for codification of special laws regarding

  4         independent special districts pursuant to

  5         chapter 97-255, Laws of Florida, and chapter

  6         98-320, Laws of Florida, relating to the East

  7         Shore Water Control District, a special tax

  8         district of the State of Florida composed of

  9         lands in Palm Beach County; providing

10         legislative intent; codifying, reenacting, and

11         amending chapter 20694, Laws of Florida, 1941;

12         chapter 23621, Laws of Florida, 1947; chapter

13         25151, Laws of Florida, 1949; chapter 26697,

14         Laws of Florida, 1951; chapter 28419, Laws of

15         Florida, 1953; chapter 30150, Laws of Florida,

16         1955; and chapters 57-434, 61-1640, 77-621, and

17         82-351, Laws of Florida; providing powers,

18         functions, and duties of the district with

19         respect to non-ad valorem assessments, bond

20         issuance, revenue-raising, budget preparation

21         and approval, liens and foreclosure of liens,

22         specified use of tax deeds and tax

23         certificates, and contractual agreements;

24         providing for governance of the district by a

25         Board of Supervisors; providing for membership,

26         organization, compensation, and administrative

27         duties of the board; specifying requirements

28         for financial disclosure, meeting notices,

29         reporting, public records, maintenance, and per

30         diem expenses; specifying procedures and

31         requirements governing the issuance of bonds,


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                                      HB 1707, First Engrossed/ntc



  1         notes, and other forms of indebtedness;

  2         providing procedures for District elections and

  3         qualification of electors; providing for method

  4         of financing the District; authorizing the

  5         District to continue to levy a special annual

  6         maintenance tax upon all taxable real property

  7         in the District; specifying the method for

  8         collecting non-ad valorem assessments, fees,

  9         and service charges; providing for District

10         planning requirements; setting the geographic

11         boundary limits of the District; providing for

12         election of the members of the Board of

13         Supervisors; providing for quorum for purpose

14         of holding elections; authorizing the Board of

15         Supervisors to enter into arrangements with

16         other drainage and water control districts for

17         specified purposes; increasing the District

18         maintenance tax cap; authorizing the Board of

19         Supervisors to employ a General Manager of the

20         District; authorizing the Board to require the

21         General Manager to furnish a bond; providing

22         for ratification of prior actions; providing

23         severability; providing an effective date.

24

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

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

28  Florida, and chapter 98-320, Laws of Florida, this act

29  constitutes the codification of all special acts relating to

30  the East Shore Water Control District, an independent special

31  district. It is the intent of the Legislature in enacting this


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                                      HB 1707, First Engrossed/ntc



  1  law to provide a single, comprehensive special act charter for

  2  the District, including all current legislative authority

  3  granted to the District by its several legislative enactments

  4  and any additional authority granted by this act. It is

  5  further the intent of this act to preserve all District

  6  authority, including the authority to annually assess and levy

  7  against the taxable property in the District.

  8         Section 2.  Chapter 20694, Laws of Florida, 1941;

  9  chapter 23621, Laws of Florida, 1947; chapter 25151, Laws of

10  Florida, 1949; chapter 26697, Laws of Florida, 1951, chapter

11  28419, Laws of Florida, 1953, chapter 30150, Laws of Florida,

12  1955, and chapters 57-434, 61-1640, 77-621, and 82-351, Laws

13  of Florida, relating to the East Shore Water Control District

14  of Florida, are codified, reenacted, amended, and repealed as

15  herein provided.

16         Section 3.  The East Shore Water Control District is

17  re-created and the charter for said district is re-created and

18  reenacted to read:

19         Section 1.  Minimum charter requirements.--In

20  accordance with section 189.404(3), Florida Statutes, the

21  following shall constitute the minimum charter requirements of

22  East Shore Water Control District:

23         (a)  The District is organized and exists for all

24  purposes set forth in this act and chapter 298, Florida

25  Statutes, as they may be amended from time to time, so far as

26  not inconsistent with this act.

27         (b)  The powers, functions, and duties of the District

28  regarding non-ad valorem assessments, bond issuance, other

29  revenue-raising capabilities, budget preparation and approval,

30  liens and foreclosure of liens, use of tax deeds and tax

31  certificates as appropriate for non-ad valorem assessments,


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                                      HB 1707, First Engrossed/ntc



  1  and contractual agreements shall be as set forth in chapters

  2  189, 197, and 298, Florida Statutes, this act, or any other

  3  applicable general or special law, as they may be amended from

  4  time to time.

  5         (c)  The District was created by chapter 20694, Laws of

  6  Florida, 1941, a special legislative act.

  7         (d)  The District's charter may be amended only by

  8  special act of the Legislature.

  9         (e)  In accordance with chapter 298, Florida Statutes,

10  the District is governed by a Board of Supervisors.  The

11  membership and organization of the Board shall be as set forth

12  in this act and chapter 298, Florida Statutes, as they may be

13  amended from time to time.

14         (f)  The compensation of Board members shall be

15  governed by this act and chapter 298, Florida Statutes, as

16  they may be amended from time to time.

17         (g)  The administrative duties of the Board shall be as

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

19  they may be amended from time to time.

20         (h)  Requirements for financial disclosure, meeting

21  notices, reporting, public records maintenance, and per diem

22  expenses for officers and employees shall be as set forth in

23  chapters 112, 189, 286, and 298, Florida Statutes, as they may

24  be amended from time to time.

25         (i)  The procedures and requirements governing the

26  issuance of bonds, notes, and other evidence of indebtedness

27  by the District shall be as set forth in chapters 189 and 298,

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

29  amended from time to time.

30         (j)  The procedures for conducting District elections

31  and for qualification of electors shall be pursuant to


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                                      HB 1707, First Engrossed/ntc



  1  chapters 189 and 298, Florida Statutes, and applicable general

  2  laws, as they may be amended from time to time.

  3         (k)  The District may be financed by any method

  4  established in this act, chapters 189 and 298, Florida

  5  Statutes, or any applicable general laws, as they may be

  6  amended from time to time.

  7         (l)  In accordance with chapter 298, Florida Statutes,

  8  the District may continue to levy upon all of the real taxable

  9  property in the District a special tax each year as

10  maintenance tax.

11         (m)  The method for collecting non-ad valorem

12  assessments, fees, or service charges shall be as set forth in

13  chapters 197 and 298, Florida Statutes, as they may be amended

14  from time to time.

15         (n)  The District's planning requirements shall be as

16  set forth in chapters 189 and 298, Florida Statutes, as they

17  may be amended from time to time.

18         (o)  The geographic boundary limitations are as set

19  forth in section 2.

20         Section 2.  That for the purpose of draining and

21  reclaiming the lands hereinafter described and protecting the

22  same from the effects of water, for controlling the water in

23  the District and the water tables with respect to the lands

24  therein, for agricultural and sanitary purposes, and for the

25  public health, convenience, welfare, utility, and benefit, a

26  drainage and water control district is hereby established to

27  be known as "East Shore Water Control District," the

28  territorial boundaries of which shall be as follows:

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30         Beginning at a point, being in the Center Line

31         of the South boundary levee of the Pahokee


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                                      HB 1707, First Engrossed/ntc



  1         Water Control District and being the Northeast

  2         corner of Township Forty-three (43) South,

  3         Range Thirty-seven (37) East; thence running

  4         South along the range line and the East

  5         boundaries of Sections One (1), Twelve (12) and

  6         Thirteen (13) to the Southeast corner of said

  7         Section Thirteen (13); thence running West

  8         along the south boundaries of Sections Thirteen

  9         (13), Fourteen (14), Fifteen (15) and Sixteen

10         (16) to the Southwest corner of said Section

11         Sixteen (16), being a point of inter-section

12         with the West boundary levee of Pump Unit No.

13         Six (6), South Florida Conservancy District;

14         thence running North along the West boundaries

15         of Sections Sixteen (16) and Nine (9), being

16         the center line of the said South Florida

17         Conservancy District levee, to a point being

18         one hundred (100) feet South of the West

19         quarter corner of said Section Nine (9); thence

20         running West along a line one hundred (100)

21         feet South of, and parallel to the East and

22         West quarter section line of Sections Eight (8)

23         and Seven (7) to a point being four thousand

24         seven hundred (4,700) feet West of the East

25         boundary of Section Seven (7) and being a point

26         of intersection; thence running North Westerly

27         along a line which bears North fifty-two (52)

28         degrees West to a point being the intersection

29         with the center line of the U.S. Engineers War

30         Department Lake Okeechobee Levee, said point of

31         intersection being one hundred (100) feet


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                                      HB 1707, First Engrossed/ntc



  1         Southwest of the center line of the Federal

  2         Levee Culvert No. Twelve (12); thence running

  3         at right angles along the center line of said

  4         Federal Levee a distance of two hundred (200)

  5         feet, to a point of intersection; thence

  6         running at right angles to the center line of

  7         said Federal Levee along a line which bears

  8         South fifty-two (52) degrees East to a point of

  9         intersection; thence running East along a line

10         one hundred (100) feet North of and parallel

11         to, the East and West quarter section line of

12         Sections Seven (7) and Eight (8), to a point

13         being the intersection with the center line of

14         the Everglades Drainage District's Lake shore

15         levee; thence running Northerly along the

16         meander line of the said Everglades Drainage

17         District Levee to a point of intersection with

18         the North boundary of Section Five (5), being

19         the center line of the South boundary levee of

20         the East Beach Water Control District and the

21         Pahokee Water Control District; thence running

22         East along the Township line and the North

23         boundaries of Sections Five (5), Four (4),

24         Three (3), Two (2) and One (1), being the

25         center line of said Pahokee Water Control

26         District to the point of beginning.

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28         Section 3.(a)  The governing Board of said District

29  shall be designated the "Board of Supervisors of East Shore

30  Water Control District" which shall be composed of three

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                                      HB 1707, First Engrossed/ntc



  1  persons, who shall be resident freeholders of the State of

  2  Florida.

  3         (b)  A meeting of the landowners of said District shall

  4  be held during the month of April each year for the purpose of

  5  electing Supervisors of said District and transacting such

  6  other business as may properly come before the meeting. At the

  7  meetings of the landowners of the District, to be held in the

  8  month of April in each year, Supervisors shall be elected for

  9  a period of three (3) years and until his or her successor

10  shall be elected or appointed and shall have qualified, such

11  Supervisor to fill the office of the member whose term shall

12  expire on said date.

13         (c)  The owners and proxy holders of District acreage

14  who are present at a duly noticed landowners' meeting shall

15  constitute a quorum for the purpose of holding such election

16  or any election thereafter.

17         Section 4.  The members of the Board of Supervisors

18  shall be entitled to the maximum compensation now or hereafter

19  authorized to be paid by section 298.14, Florida Statutes, and

20  shall be reimbursed for their traveling expenses pursuant to

21  section 112.061, Florida Statutes, or as such statutes may

22  hereafter be amended.

23         Section 5.  The Board of Supervisors is authorized and

24  empowered to enter into arrangements with other drainage or

25  water control districts for the pooling of insurance coverage,

26  purchase, rental, and use of supplies, equipment, buildings,

27  and facilities and for services of employees.

28         Section 6.  That for the purpose of paying the cost of

29  administering the affairs of the District generally, and for

30  the purpose of maintaining, operating, preserving, and

31  rendering efficient the ditches, canals, drains, levees, and


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                                      HB 1707, First Engrossed/ntc



  1  other improvements herein authorized to be constructed, and to

  2  repair and to restore the same when needed, and for the

  3  purpose of defraying current expenses of the District, the

  4  Board is hereby authorized, empowered, and directed to levy

  5  and impose upon all of the lands, including lands held by the

  6  Trustees of the Internal Improvement Fund of Florida, and

  7  lands acquired by the State of Florida under the provisions of

  8  chapter 18296, Laws of Florida, 1937, lying and being situate

  9  within the boundaries of said District, as described in this

10  Act, a tax of not to exceed the sum of $30.00 per acre per

11  annum, and such tax shall be known and designated as the

12  Maintenance Tax.

13         Section 7.  The Board of Supervisors shall have the

14  power to employ a person to be designated General Manager of

15  the District and to vest in him or her such authority and to

16  delegate to him or her the performance of such duties and to

17  provide such compensation as may be determined by the Board of

18  Supervisors. The Board may require the General Manager to

19  furnish bond with good and sufficient surety in such amount as

20  the Board may by resolution determine.

21         Section 8.  That all other acts and proceedings of the

22  Circuit Court of said Palm Beach County taken by, for, and on

23  behalf of said District since the creation thereof; and all of

24  the acts and proceedings of the Board of Supervisors, the

25  Commissioners, and all other officers and agents of said

26  District, and of said Palm Beach County, acting for and on

27  behalf of said District and any and all tax levies and

28  assessments which have been made by the Board of Supervisors

29  for and behalf of said District, by and they are each and

30  every one of them, and each and every part thereof, hereby

31  ratified, validated, and confirmed.


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                                      HB 1707, First Engrossed/ntc



  1         Section 4.  Chapter 20694, Laws of Florida, 1941;

  2  chapter 23621, Laws of Florida, 1947; chapter 25151, Laws of

  3  Florida, 1949; chapter 26697, Laws of Florida, 1951, chapter

  4  28419, Laws of Florida, 1953; chapter 30150, Laws of Florida,

  5  1955; chapters 57-434, 61-1640, 77-621, and 82-351, Laws of

  6  Florida, relating to the East Shore Water Control District of

  7  Florida, are hereby repealed.

  8         Section 5.  In the event any section or provision of

  9  this act is determined to be invalid or unenforceable, such

10  determination shall not affect the validity of or

11  enforceability of each other section and provision of this

12  act.

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

14  law.

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