House Bill 1709e1

CODING: Words stricken are deletions; words underlined are additions.







                                      HB 1709, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for codification of special acts relating to

  4         special districts pursuant to chapters 97-255

  5         and 98-320, Laws of Florida, relating to the

  6         Pelican Lake Water Control District, a special

  7         tax district of the State of Florida composed

  8         of the County of Palm Beach; providing

  9         legislative intent, and codifying, reenacting,

10         and repealing chapter 11087, Laws of Florida,

11         1925; chapter 12118, Laws of Florida, 1927;

12         chapter 18044, Laws of Florida, 1937; chapter

13         26739, Laws of Florida, 1951; and chapters

14         77-625, 80-564, and 97-321, Laws of Florida;

15         providing for minimum charter requirements;

16         providing for a District maintenance tax cap;

17         providing for ratification of prior actions;

18         providing for repeal of all prior special acts

19         related to the Pelican Lake Water Control

20         District; providing for severability; providing

21         an effective date.

22

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

24

25         Section 1.  Pursuant to chapters 97-255 and 98-320,

26  Laws of Florida, this act constitutes the codification of all

27  special acts relating to the Pelican Lake Water Control

28  District, an independent special district.  It is the intent

29  of the 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


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



  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, including the

  4  authority to annually assess and levy against the taxable

  5  property in the District.

  6         Section 2.  Chapter 11087, Laws of Florida, 1925;

  7  chapter 12118, Laws of Florida, 1927; chapter 18044, Laws of

  8  Florida, 1937; chapter 26739, Laws of Florida, 1951; and

  9  chapters 77-625, 80-564, and 97-321, Laws of Florida, relating

10  to the Pelican Lake Water Control District of Florida, are

11  codified, reenacted, amended, and repealed as herein provided.

12         Section 3.  The Pelican Lake Water Control District is

13  re-created and the charter for such district is re-created and

14  reenacted to read:

15         Section 1.  In accordance with section 189.404(3),

16  Florida Statutes, the following shall constitute the minimum

17  charter requirements of Pelican Lake Water Control District:

18         (1)  The District is organized and exists for all

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

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

21  not inconsistent with this act.

22         (2)  The powers, functions, and duties of the District

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

24  revenue-raising capabilities, budget preparation and approval,

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

26  certificates as appropriate for non-ad valorem assessments,

27  and contractual agreements shall be as set forth in chapters

28  189, 197, and 298, Florida Statutes, this act, or any other

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

30  time to time.

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



  1         (3)  The District was created by chapter 11087, Laws of

  2  Florida, 1925, a special legislative act.

  3         (4)  The District's charter may be amended only by

  4  special act of the Legislature.

  5         (5)  In accordance with chapter 298, Florida Statutes,

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

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

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

  9  amended from time to time.

10         (6)  The compensation of Board members shall be

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

12  they may be amended from time to time.

13         (7)  The administrative duties of the Board shall be as

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

15  they may be amended from time to time.

16         (8)  Requirements for financial disclosure, meeting

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

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

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

20  be amended from time to time.

21         (9)  The procedures and requirements governing the

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

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

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

25  amended from time to time.

26         (10)  The procedures for conducting District elections

27  and for qualification of electors shall be pursuant to

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

29  laws as they may be amended from time to time.

30         (11)  The District may be financed by any method

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


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



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

  2  amended from time to time.

  3         (12)  In accordance with chapter 298, Florida Statutes,

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

  5  property in the District a special tax each year as

  6  maintenance tax.

  7         (13)  The method for collecting non-ad valorem

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

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

10  from time to time.

11         (14)  The District's planning requirements shall be as

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

13  may be amended from time to time.

14         (15)  The geographic boundary limitations are as set

15  forth in section 2.

16         Section 2.  That for the purpose of draining and

17  reclaiming the lands hereinafter described and protecting the

18  same from the effects of water, for agricultural and sanitary

19  purposes, and for the public health, convenience, welfare,

20  utility, and benefit, Pelican Lake Water Control District is

21  hereby declared to exist, and the creation thereof is in all

22  things ratified, validated, and confirmed; and the boundaries

23  of said Pelican Lake Water Control District are declared to be

24  as follows:

25

26         Beginning at a point where the south boundary

27         of Section 33, Township 41 South, Range 37

28         East, intersects the east right-of-way boundary

29         line of the Lake Okeechobee Federal Levee;

30

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



  1         Thence in a north easterly direction along the

  2         east right-of-way boundary line of said Federal

  3         Levee to a point where the said right-of-way

  4         boundary line intersects the north line of

  5         Section 23, Township 41 South, Range 37 East;

  6

  7         Thence east along the north line of said

  8         Section 23 to the northeast corner thereof;

  9

10         Thence south along the east boundary of

11         Sections 23, 26 and 35 to the southeast corner

12         of Section 35;

13

14         Thence in Township 42 South, Range 37 East,

15         continuing south along the East boundary of

16         Sections 2 and 11 to a point where the east

17         line of said Section 11 intersects the south

18         right-of-way line of State Road No. 700;

19

20         Thence in a southeasterly direction along the

21         south right-of-way line of State Road No. 700

22         to a point where said right-of-way line

23         intersects the South line of Section 12,

24         Township 42 South, Range 37 East;

25

26         Thence in Township 42 South, Range 37 East,

27         west along the south boundary of Sections 12

28         and 11 to the southeast corner of Section 10;

29

30         Thence west along the south boundary of said

31         Section 10 a distance of 4,620 feet;


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



  1

  2         Thence north-northwesterly a distance of

  3         approximately 1,580 feet to intersect the west

  4         boundary of said Section 10 at a distance of

  5         3,844.5 feet south of the northwest corner

  6         thereof;

  7

  8         Thence north along the west boundary of said

  9         Section 10 a distance of 3,844.5 feet to the

10         northwest corner thereof;

11

12         Thence west along the south boundary of Section

13         4 to the southwest corner thereof;

14

15         Thence north along the west boundary of said

16         Section 4 to a point where the west line of

17         Section 4 intersects the east right-of-way line

18         of the Federal Levee aforementioned;

19

20         Section 3.  The Board of Supervisors of Pelican Lake

21  Water Control District shall be composed of three citizens of

22  the United States, who shall be resident freeholders of the

23  State of Florida.

24         Section 4.  The Board of Supervisors of Pelican Lake

25  Water Control District is hereby authorized, empowered, and

26  directed to levy and impose upon all of the lands, including

27  lands held by the Trustees of the Internal Improvement Trust

28  Fund of Florida, or its successor, lying and being situate

29  within the boundaries of said District, a tax of not to exceed

30  the sum of $30.00 per acre, per annum, and such tax shall be

31  known and designated a maintenance tax. The proceeds of said


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



  1  maintenance tax shall be used for purposes for which

  2  maintenance taxes are authorized to be levied by the

  3  provisions of chapter 298, Florida Statutes.

  4         Section 5.  The members of the Board of Supervisors

  5  shall be entitled to the maximum compensation now or hereafter

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

  7  shall be reimbursed for their traveling expenses pursuant to

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

  9  hereafter be amended.

10         Section 6.  The Board of Supervisors is authorized and

11  empowered to enter into arrangements with other drainage or

12  water control districts for the pooling of insurance coverage,

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

14  and facilities and for services of employees.

15         Section 7.  The Board of Supervisors shall have the

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

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

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

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

20  Supervisors. The Board may require the General Manager to

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

22  the Board may by resolution determine.

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

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

25  behalf of said District since the creation thereof, and all of

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

27  Commissioners, and all other officers and agents of said

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

29  behalf of said District, and any and all tax levies and

30  assessments which have been made by the said Board of

31  Supervisors for and on behalf of said District, are each and


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1709, First Engrossed/ntc



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

  2  ratified, validated, and confirmed.

  3         Section 4.  Chapter 11087, Laws of Florida, 1925;

  4  chapter 12118, Laws of Florida, 1927; chapter 18044, Laws of

  5  Florida, 1937; chapter 26739, Laws of Florida, 1951; and

  6  chapters 77-625, 80-564, and 97-321, Laws of Florida, are

  7  repealed.

  8         Section 5.  In any case one or more of the sections or

  9  provisions of this act or the application of such sections or

10  provisions to any situation, circumstance, or person shall for

11  any reason be held to be unconstitutional, such

12  unconstitutionality shall not affect any other sections or

13  provisions of this act or the application of such sections or

14  provisions to any other situation, circumstance, or person,

15  and it is intended that this law shall be construed and

16  applied as if such section or provision had not been included

17  herein for any unconstitutional application.

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

19  law.

20

21

22

23

24

25

26

27

28

29

30

31


                                  8